Adoption of Industry Standards

SUMMARY: As part of the President's Regulatory Reinvention, the Coast

Guard is proposing to amend its regulations governing both inspected

and uninspected commercial vessels by removing or revising obsolete and

unnecessary provisions and incorporating industry standards and

practices. The provisions proposed for removal or revision are

categorized as: Regulations discussing equipment which is no longer

manufactured or used; Regulations imposing requirements that are

repeated in another, more useful section; Regulations imposing

requirements which make a negligible contribution to shipboard safety;

Regulations which can be replaced by an appropriate industry consensus

standard or practice; and, Regulations which merely repeat statutory

language.

The Coast Guard expects these amendments will reduce the regulatory

burden to the maritime industry, reduce the administrative burden to

government and industry, reduce government printing costs, and provide

a more concise and useful Title 46, Code of Federal Regulations.

DATES: Comments must be received not later than February 20, 1996. A

public meeting will be held on February 9, 1996 to discuss this

rulemaking.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine

Safety Council (G-LRA), U.S. Coast Guard, 2100 Second Street SW,

Washington, DC 20593-0001, or may be delivered to room 3406 at the same

address between 8 a.m. and 3 p.m., Monday through Friday, except

Federal holidays. Comments will become part of this docket and will be

available for inspection or copying at room 3406, Coast Guard

Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except

Federal holidays.

A public meeting scheduled for February 9, 1996 will be held in

Room 2415 at Coast Guard Headquarters, 2100 Second Street SW,

Washington, DC 20593-0001.

A copy of the material listed in ``Incorporation by Reference'' of

this preamble is available for inspection at Room 1300, U.S. Coast

Guard Headquarters.

FOR FURTHER INFORMATION CONTACT: Design and Engineering Standards

Division (G-MMS), U.S. Coast Guard, 2100 Second Street SW., Washington,

DC 20593-0001, telephone (202) 267-2206--LCDR R. K. Butturini, Project

Manager; LTJG Jaqueline Twomey, Project Engineer; Ms. Shereen Bell,

Project Assistant. Regulations and Administrative Law Division (G-LRA),

U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001,

telephone (202) 267-1534--LT Rachel Goldberg, Project Counsel,

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD 95-027) and the specific section of this

proposed rule to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose a stamped, self-addressed postcard

or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

A public meeting was held on April 20, 1995 (60 FR 16423) to

discuss Coast Guard regulations and the regulatory process. The

relevant comments received at the hearing or in writing have been

considered for the changes included in this document. The Coast Guard

will hold another public meeting on February 9, 1996 from 9 a.m. to 3

p.m. to discuss these proposed rules and to solicit other suggestions

or comments for regulatory reform. The meeting will be held at the site

indicated in the ADDRESSES section. Comments received at the hearing

will be considered as part of the review of this proposal and the Coast

Guard may change this proposal in view of these comments.

Background and Purpose

This proposal has been sparked by several recent calls for

regulatory review and reform. For example, on March 4, 1995, the

President issued a memorandum calling on executive agencies to review

regulations with the goals of--

(1) Cutting obsolete regulations;

(2) Focusing on results instead of process and punishment;

(3) Convening meetings with the regulated community; and,

(4) Expanding efforts to promote consensual rulemaking.

The President's memorandum coincides with U.S. maritime industry

requests for greater alignment of Coast Guard regulations with

international marine safety standards to reduce cost disadvantages

incurred by the U.S. maritime industry and thereby improve the

competitiveness of the U.S. industry. The ongoing National Performance

Review effort, which stresses reducing red tape and maximizing results,

provides further justification for identifying excessive requirements

in Coast Guard regulations and for streamlining government processes.

Also, the Coast Guard recognizes the need to explore regulatory reform

where it provides an opportunity to reprogram Coast Guard resources to

focus more attention on human factors and port state control activities

to ensure other nations are conscientiously implementing international

safety agreements.

The Coast Guard held a public meeting on April 20, 1995, announced

in the March 30, 1995 Federal Register (60 FR 16423), to discuss the

Coast Guard's regulatory development process and the President's

Regulatory Review Initiative. During the public meeting, the Coast

Guard announced its goals of purging obsolete and outdated regulations

and eliminating any Coast Guard induced differences between

requirements that apply to U.S. vessels in international trade and

those that apply to similar vessels in international trade that fly the

flag of other responsible foreign nations. In the May 31, 1995 Federal

Register (60 FR 28376), the Coast Guard reiterated its intention to

harmonize Coast Guard regulations with international safety standards.

To accomplish all of these goals, the Coast Guard is considering

alternative compliance methods, examining ways to make existing

regulations more efficient and comparing U.S. marine safety regulations

with American Bureau of Shipping (ABS) Rules and the International

Convention for the Safety of Life at Sea, 1974, as amended (SOLAS '74).

An initial rulemaking removing or amending obsolete and unnecessary

provisions was published in the September 18, 1995 Federal

[[Page 65989]]

Register (60 FR 48044). That rulemaking focused on regulations for

which no adverse public comment was expected, such as removal of the

requirements for nuclear vessels, ocean incinerator ships and ocean

thermal energy conversion facilities and plantships. This proposal

removes or amends obsolete or unnecessary regulations of a more

significant nature and seeks to incorporate industry consensus

standards and practices. The broader scope of this proposal and the

nature of the proposed changes, when compared to the previous

rulemaking, make increased public involvement desirable.

In compiling the list of CFR sections included in this proposed

rule, the Coast Guard did not consider parts of Title 46 Code of

Federal Regulations (46 CFR) that are under review as part of other,

ongoing regulatory projects.

In this proposal, sections of the CFR were identified for removal

or revision by comparing the section subject matter to the following

list of selection criteria:

(a) Equipment discussed in a section is no longer manufactured or

used:

(b) Requirements imposed by a section are repeated in another

section;

(c) Requirements imposed by a section make a negligible

contribution to shipboard safety;

(d) An appropriate industry consensus standard or practice exists

which can be referenced instead of publishing detailed requirements in

a regulation; or,

(e) The text of a regulation merely repeats statutory language.

Discussion of Proposed Rules

The following discussion summarizes the changes proposed by this

rule:

1. The requirement addresses equipment that is no longer

manufactured or used. The following sections are being removed or

revised because they impose requirements for equipment that is no

longer manufactured, that is technologically obsolete, or is no longer

used in the marine industry.

Section 31.10-15(a) of Title 46 CFR contains requirements for

nuclear vessels. This section was inadvertently omitted from an earlier

rulemaking entitled Removal of Obsolete and Unnecessary Regulations (60

FR 48044) which focused on removing regulations for nuclear vessels,

ocean incinerator vessels and ocean thermal energy conversion

facilities and plantships. Therefore, this section which pertains to

nuclear vessels is proposed for removal.

Section 34.05-5 and Subparts 34.13, 76.13 and 95.13 of Title 46 CFR

contain requirements for steam smothering systems used for fire

fighting purposes. The Coast Guard has prohibited installation of steam

smothering systems on vessels since 1962. Existing steam smothering

systems may be retained as long as they are kept in good condition to

the satisfaction of the Officer in Charge, Marine Inspection. As no new

installation of steam smothering systems are allowed and the designs of

existing installations have already been approved, the design

requirements for steam smothering systems are no longer necessary and

are proposed for removal. The Coast Guard is retaining the regulations

pertaining to testing and inspection of installed systems.

Subparts 35.70, 78.80, 97.70 and Sec. 108.613 of Title 46 CFR

contain requirements for power-operated industrial trucks. Power-

operated industrial trucks have historically been used on break-bulk

ships for handling cargo in the holds. Only 66 U.S. flag break-bulk

ships are currently inspected by the Coast Guard. Well over half of

these ships are maintained by the Maritime Administration (MARAD), but

are not operating. Of MARAD's ships, only 7 will eventually carry

power-operated industrial trucks as ship's equipment. On the remaining,

privately owned break-bulk ships, few trucks are still carried as

ship's equipment because dockside trucks are readily available. Trucks

are also used on mobile offshore drilling units (MODUs) to move

palletized stores such as bagged cement. Efficient cargo handling

systems are increasingly replacing trucks aboard MODUs for this

purpose. The demand for faster loading methods and the evolution of

container ships, lighter-aboard ships (LASH) and roll-on/roll-off

(RORO) ships has also reduced the use of power-operated industrial

trucks. Additionally, there have been no reported accidents involving

power-operated industrial trucks in the last fifteen years. Therefore,

regulations for power-operated industrial trucks are no longer

necessary and are proposed for removal.

Sections 32.15-10, 77.27-1, 96.27-1 and 167.40-20 of Title 46 CFR

contain requirements for sounding equipment, including deep-sea hand

leads. Reliable, inexpensive electronic sounding equipment and position

fixing equipment are available from numerous manufacturers. It is

unlikely that a hand lead would be necessary to determine the water

depth. Therefore, the requirements for deep sea hand leads are not

necessary and are proposed for removal.

Section 32.02-5 and Subparts 78.35, 97.33 and 196.33 require cable

travelers between fore and aft deck houses separated by more than 46 m

(150 ft) to protect crewmembers needing to cross the weather decks.

Cable travelers have been replaced by raised fore and aft bridges and

side tunnels as safer means of moving between the deckhouses.

Additionally, modern vessel designs have abandoned the two deck house

arrangement in favor of a single deckhouse. Therefore, these sections

are being revised to remove the requirement for installation of cable

travelers between separated deckhouses and merely require a fixed means

of facilitating movement between both ends of the vessel.

Sections 34.05-15, 76.05-30, 95.05-20, 167.45-40, 193.05-20 and

Subpart 34.55 of 46 CFR require sand, sawdust impregnated with soda or

other appropriate dry materials, and a scoop or shaker for

distribution, to be located in the machinery spaces for fire fighting

purposes. Sand is inferior to other, common fire fighting means, such

as portable extinguishers, and this burdensome requirement is no longer

appropriate. Therefore, regulations requiring sand in the engine room

are proposed for removal.

Subparts 35.12, 78.53, 97.43, 196.43 and Section 167.65-50 of 46

CFR require instructions for the use of breeches buoys. Modern

communications and lifesaving equipment have made the use of breeches

buoys for lifesaving purposes obsolete. Therefore, the requirement for

an instruction placard for the use of breeches buoys is no longer

necessary and these sections are proposed for revision to remove this

requirement.

Sections 35.30-45, 72.05-60, 167.40-35 and 169.321 and Subparts

78.75, 97.60 and 196.60 of Title 46 CFR contain requirements for motion

picture film. Subpart 78.75 also contains a requirement that motion

picture projectors comply with the requirements in the electrical

engineering regulations. With the exception of large passenger vessels,

video cassette recorders and televisions have replaced motion picture

projectors on most vessels. Large passenger vessels use motion picture

projectors in their movie theaters. Slow-burning film is the only type

of film currently available in reel format for use with movie

projectors. Section 111.89-1 of Title 46 in the electrical engineering

regulations requires all motion picture projectors to meet Article 540

of the National Electrical Code. Therefore, as the risks previously

associated with motion picture film no longer exist, the regulations

for motion picture film are not necessary and are proposed for removal.

[[Page 65990]]

Sections 180.403 and 167.45-55 of Title 46 CFR allow the

installation of water spray systems for fire fighting purposes in

boiler spaces of mobile offshore drilling units (MODU) and public

nautical school ships. Other fire fighting media, such as carbon

dioxide, have shown to be more effective, reliable and practical than

water spray systems and no MODU or public nautical school ship

currently uses a water spray system in a boiler space for fire fighting

purposes. Therefore, these provisions are not necessary and are

proposed for removal.

Subpart 160.018 of Title 46 CFR contains specifications for rigid

liferafts. Rigid liferafts are no longer manufactured for use in the

marine industry. Therefore, the specifications for rigid liferafts in

46 CFR 160.018 are no longer necessary and are proposed for removal.

Subpart 160.034 of Title 46 CFR contains specifications for

lifeboat hand propelling gear. Hand propelled lifeboats have largely

been replaced by reliable, engine-driven lifeboats and are no longer

manufactured for use in the marine industry. Therefore, the

specifications for hand propelling gear in 46 CFR 160.034 are no longer

necessary and are proposed for removal.

Section 164.016 of Title 46 CFR contains specifications for

microcellular nylon used in the construction of lifesaving equipment.

Microcellular nylon has been replaced by more effective materials and

is no longer manufactured for use in Coast Guard approval lifesaving

equipment. Therefore, the specifications for microcellular nylon are no

longer needed and are proposed for removal.

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

Cite (46 CFR) Proposed change Subject addressed by regulation

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

Sec. 31.10-15..................... Revision................... Nuclear vessels.

Sec. 32.02-5...................... Revision................... Cable traveler.

Sec. 32.15-10..................... Revision................... Deep-sea hand leads.

Sec. 34.05-5...................... Revision................... Steam smothering systems.

Sec. 34.05-15..................... Removal.................... Sand in the engineroom.

Subpart 34.13...................... Revision................... Steam smothering systems.

Subpart 34.55...................... Removal.................... Sand in the engineroom.

Subpart 35.12...................... Revision................... Breeches buoy placard.

Sec. 35.30-45..................... Revision................... Motion picture film.

Subpart 35.70...................... Removal.................... Power-operated industrial trucks.

Sec. 76.05-60..................... Removal.................... Motion picture film.

Sec. 76.05-20..................... Revision................... Fixed firefighting systems.

Sec. 76.05-30..................... Removal.................... Sand in the engineroom.

Subpart 76.13...................... Revision................... Steam smothering systems.

Sec. 77.27-1...................... Revision................... Deep-sea hand leads.

Subpart 78.35...................... Revision................... Cable traveler.

Subpart 78.53...................... Revision................... Breeches buoy placard.

Subpart 78.75...................... Removal.................... Motion picture film.

Subpart 78.80...................... Removal.................... Power-operated industrial trucks.

Sec. 95.05-10..................... Revision................... Fixed firefighting systems.

Sec. 95.05-20..................... Removal.................... Sand in boiler rooms.

Subpart 95.13...................... Revision................... Steam smothering systems.

Sec. 96.27-1...................... Revision................... Deep-sea hand leads.

Subpart 97.33...................... Revision................... Cable traveler.

Subpart 97.43...................... Revision................... Breeches buoy placard.

Subpart 97.60...................... Removal.................... Motion picture film.

Subpart 97,70...................... Removal.................... Power-operated industrial trucks.

Sec. 108.403...................... Revision................... Water spray systems.

Sec. 108.613...................... Removal.................... Power-operated industrial trucks.

Subpart 160.018.................... Removal.................... Rigid liferafts.

Subpart 160.034.................... Removal.................... Lifeboat hand propelling gear.

Subpart 164.016.................... Removal.................... Microcellular nylon.

Sec. 167.40-20.................... Revision................... Deep-sea hand leads.

Sec. 167.40-35.................... Removal.................... Motion picture film.

Sec. 167.45-40.................... Revision................... Sand in enginerooms.

Sec. 167.45-55.................... Revision................... Water spray systems.

Sec. 167.65-50.................... Revision................... Breeches buoy placard.

Sec. 169.321...................... Removal.................... Motion picture film.

Sec. 193.05-20.................... Removal.................... Sand in boiler rooms.

Subpart 196.33..................... Revision................... Cable traveler.

Subpart 196.43..................... Revision................... Breeches buoy placard.

Subpart 196.60..................... Removal.................... Motion picture film.

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

2. The requirement is repeated in another section. The following

provisions are being removed or revised because the requirements are

repeated in other, more useful locations in Title 33 CFR or Title 46

CFR.

Subparts 32.95, 78.85, 97.75, 196.18 and 196.75 and Section 109.583

of Title 46 CFR contain identical language regarding the requirement

that certain vessels operate in accordance with the requirements of the

Federal Water Pollution Control Act (FWPCA), as amended, the Oil

Pollution Act (OPA), 1961, as amended and Parts 151, 155 and 156 of

Title 33 CFR. However, each of the requirements cited contain language

regarding their applicability. Therefore, the sections of Title 46 CFR

which merely restate the applicability of the FWPCA, OPA and Title 33

CFR are not necessary and are proposed for removal.

Sections 35.20-25 and 167.65-1 and Subparts 78.25, 97.23 and 196.23

of Title 46 prohibit carrying any light not required by law that will

interfere with

[[Page 65991]]

distinguishing signal lights. However, Rule 20 of both the Inland and

International Rules of the Road published in 33 U.S.C. 2020 and 33 CFR

81, Appendix A, respectively, contains the same requirement. It is more

logical to retain requirements pertaining to signal lights in the Rules

of the Road. Therefore, the sections of Title 46 CFR prohibiting

carrying lights that interfere with signal lights are not necessary and

are proposed for removal.

Sections 35.20-40, 78.21-1, 97.19-1 and 196.19-1 of Title 46 CFR

require ocean and coastwise vessels over 1600 gross tons to display

maneuvering information on a fact sheet in the pilothouse. These

sections include instructions for validating the information on the

fact sheet after the vessel begins operating. Section 164.35 of Title

33 CFR also contains a requirement to display maneuvering information

on a fact sheet in the pilothouse for vessels over 1600 gross tons on

all navigable waters of the U.S.

The intent of both Title 33 CFR and Title 46 CFR is to provide

information about the vessel's maneuvering characteristics for use in

piloting waters. However, there are slight differences in the language

of the requirements. Also, the requirement to display maneuvering

information in Title 33 CFR and Title 46 CFR apply to some of the same

vessels, but some vessels are only covered by one title. Under the

current regulations, both requirements apply to an oceangoing U.S.

vessel entering a U.S. port, resulting in a conflict between Title 33

CFR and Title 46 CFR.

As the information required to be displayed in Title 33 CFR and

Title 46 CFR is similar and the purpose is the same, the requirement

need not be printed in both locations. It is more useful and consistent

to retain the description of the maneuvering information required in

the navigation safety regulations of Title 33 CFR. Therefore, this

proposal, if adopted, would remove paragraphs repeating the maneuvering

information to be displayed from Title 46 CFR and retain the

instructions in Title 46 CFR for validating the maneuvering information

with an added reference to Title 33 CFR.

Section 56.50-100 of Title 46 CFR merely contains a one sentence

reference to Subpart 58.30 of Title 46 CFR for fluid power and control

system requirements. Subpart 58.30, Fluid Power and Control Systems,

contains the detailed requirements. Therefore, Sec. 56.50-100 is not

necessary and is proposed for removal.

Sections 92.01-13 and 190.01-13 of Title 46 CFR contain

requirements for the design and operation of sliding watertight door

assemblies on cargo and miscellaneous vessels and oceanographic

research vessels. Section 170.270 of the subdivision and stability

regulations in Title 46 CFR contains identical requirements. The

requirements for sliding watertight doors are included in Part 170

because the subdivision and stability regulations apply to all vessels

inspected under Title 46, including cargo and miscellaneous vessels and

oceanographic research vessels. For example, the passenger vessel and

tank vessel regulations do not contain specific provisions for the

design and operation of sliding watertight door assemblies because

Sec. 170.270 applies. Therefore, repeating the requirements for the

design and operation of sliding watertight door assemblies in

Secs. 92.01-13 and 190.01-13 is not necessary and these provisions are

proposed for removal.

In the following list of sections proposed for removal or revision,

the citation to the sections where duplicate requirements are being

retained is indicated in square brackets below the section being

removed or revised.

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

Cite (46 CFR) Proposed change Subject addressed by regulation

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

Subpart 32.95 [33 CFR Subchapter Removal.................. Oil pollution.

O].

Sec. 35.20-25 [33 CFR 81 and 33 Removal.................. Unauthorized lights.

U.S.C. 2020].

Sec. 35.20-40 [33 CFR 164.35]... Revision................. Maneuvering characteristics.

Sec. 56.50-100 [Sec. 58.30].... Removal.................. Fluid power and control systems.

Sec. 78.21-1 [33 CFR 164.35].... Removal.................. Maneuvering characteristics.

Subpart 78.25 [33 CFR 81 and 33 Removal.................. Unauthorized lights.

U.S.C. 2020].

Subpart 78.85 [33 CFR Subchapter Removal.................. Pollution prevention.

O].

Sec. 92.01-13 [46 CFR Subchapter Removal.................. Watertight doors.

S, Subpart H] [33 CFR 164.35].

Sec. 97.19-1 [33 CFR 164.35].... Removal.................. Maneuvering characteristics.

Subpart 97.23 [33 CFR 81 and 33 Removal.................. Unauthorized lights.

U.S.C. 2020].

Subpart 97.75 [33 CFR Subchapter Removal.................. Pollution prevention.

O].

Sec. 109.583 [33 CFR Subchapter Removal.................. Pollution prevention.

O].

Sec. 167.65-10 [33 CFR 81 and 33 Removal.................. Unauthorized lights.

U.S.C. 2020].

Sec. 190.01-13 [46 CFR Removal.................. Watertight doors.

Subchapter S, Subpart H].

Subpart 196.18 [33 CFR Subchapter Removal.................. Pollution prevention.

O].

Sec. 196.19-1 [33 CFR 164.35]... Removal.................. Maneuvering characteristics.

Subpart 196.23 [33 CFR 81 and 33 Removal.................. Unauthorized lights.

U.S.C. 2020].

Subpart 196.75 [33 CFR Subchapter Removal.................. Pollution prevention.

O].

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

3. The requirement does not improve shipboard safety. The following

sections are being removed or revised because they make no significant

contribution to shipboard safety. This list includes provisions which

are typically exceeded by industry voluntarily, regulations which have

outlived their usefulness and requirements which result in inefficient

administrative procedures.

Sections 32.05-5, 78.47-67, 97.37-45, 169.742 and 196.37-45 of

Title 46 CFR contain requirements for marking fire hose and fire axes

with the vessel's name. Emergency equipment is typically marked with

instructions or identifying symbols, such as the ``E'' on emergency

lights, to aid in its identification and use. Lifesaving equipment that

floats and could be discovered during a search is marked with the

vessel's name to help identify the vessel in the event of a sinking.

However, fire hose and fire axes have no need for either of these types

of markings. These pieces of equipment do not float and are not

amenable to marking with instructions. Therefore, the requirement to

mark fire hoses and fire axes with the vessel's name is not necessary

and is proposed for removal.

Section 35.01-5 and Subparts 32.40, 72.20, 92.20, 167.50, 168.15

and 190.20 of Title 46 CFR contain requirements for on-board crew

accommodations. In some cases, the requirements contained in these

sections are unnecessarily detailed or exceed the requirements of the

International Labor Office Merchant

[[Page 65992]]

Shipping (Minimum Standards) Convention, 1976 (ILO 147) to which the

United States is signatory. For example, ILO 147 requires a hospital

space be provided for tankships over 500 gross tons carrying a crew of

15 persons or more and on a voyage of over three days duration. Current

Sec. 32.40-50 requires a hospital space for all tankships carrying a

crew of 12 persons or more and on a voyage of over three days duration.

The changes proposed by this rulemaking would remove or revise

those sections of the regulations that are unnecessarily detailed or

exceed the requirements of ILO 147 in order to make the regulations

more concise and consistent with the international standard for on-

board crew accommodations.

Sections 35.10-5 and 35.20-30 of Title 46 CFR discuss the officer

in command's responsibility to conduct drills and the prohibitions

against unauthorized lights, flashing blinding lights and unauthorized

whistling. Section 35.25-1 of Title 46 CFR discusses the chief

engineer's responsibility to examine the boilers and report their

condition. Additionally, Sections 78.57-1, 97.47-1 and 167.65-15 of

Title 46 CFR require mariners to comply strictly with routing

instructions issued by competent naval authorities. Each of these

sections include phrases to indicate that the master or the other

licensed officers of a vessel may be held liable against their licenses

in suspension and revocation proceedings for failure to comply with the

provisions of these sections. Phrases of this type are inconsistent

with the President's memorandum of March 4, 1995 directing the federal

agencies to focus on results rather than process and punishment and do

not contribute to shipboard safety. The authority to proceed in

suspension and revocation proceedings against licensed or certificated

mariners that fail to obey a law or regulation is explained in Part 5

of this chapter. Reiterating a mariner's liability in other subchapters

is not necessary. Therefore, to meet the Coast Guard's goal of focusing

on results instead of process and punishment this proposal, if adopted,

would remove or revise sections that restate mariners' liability for

failure to obey laws or regulations, while retaining the prohibition

against the underlying conduct.

Sections 35.20-15 and 167.65-30 and Subparts 78.20, 97.17 and

196.17 of Title 46 CFR specify the words Right Rudder and Left Rudder

be used when it is intended that the wheel, rudder blade and the head

of the ship move to the right or left, respectively. Specifying the

direction of the wheel, rudder or ship intended by the commands Right

Rudder and Left Rudder is a detail that is not necessary for

professional seamen. Proper steering orders are ingrained in the

commercial maritime industry culture and need not be repeated in the

regulations. Therefore, these regulations are not necessary and are

proposed for removal.

Sections 61.05-5 and 61.30-5 of Title 46 CFR assign

responsibilities to the chief engineer to prepare the boilers and

thermal fluid heaters for inspection. Preparing machinery for

inspection reduces the time needed to conduct the required inspections

and determine the condition of the machinery. It is a matter of

convenience for the vessel and the attending marine inspectors or

classification society surveyors to have the machinery prepared in

advance, but is not a safety issue. Not preparing machinery for

inspections has no impact on safety because all required inspections

must eventually be conducted to the satisfaction of the attending

inspectors or surveyors. Therefore, regulations assigning the

responsibility to prepare machinery for inspection to the chief

engineer are proposed for removal.

Sections 54.01-1, 54.01-3 and 54.01-5 and Table 54.01-5 of Title 46

CFR reference the standards of the Tubular Exchanger Manufacturers

Association (TEMA) and the American Society of Mechanical Engineers

(ASME) Code for Boilers and Pressure Vessels (ASME Code) for the

construction of heat exchangers. Comments received from heat exchanger

manufacturers and shipyards indicate that referencing both the TEMA and

ASME standards has created confusion. The ASME Code is the primary

industry standard for pressure vessels of all types and is extensively

referenced in the regulations. The ASME Code is comprehensive and

includes updated requirements for design and construction of the heat

exchanger components for which a reference to TEMA standards was

previously necessary. The ASME Code requirements are equivalent to TEMA

requirements. Heat exchangers built solely in accordance with the ASME

Code have demonstrated their suitability for shipboard use. Referencing

only the ASME Code will result in simplified regulations and less

confusion. Therefore, the regulations referencing the TEMA standards

are no longer necessary and are proposed for removal.

Part 153 of Title 46 CFR contains the requirements for issuance of

a Certificate of Compliance (COC) and Subchapter O Endorsement (SOE).

Under the existing regulations, a COC and SOE are issued by the Coast

Guard to a foreign chemical tanker registered with a nation signatory

to the International Convention for the Prevention of Pollution from

Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78).

Issuance of the COC and SOE are based primarily on a review of the

vessel's plans and possession of a valid Certificate of Fitness (COF)

issued by the flag state or an authorized third party.

The process to obtain a COC and SOE is initiated when a series of

documents are submitted to the Coast Guard for review. The required

submission of these documents to both the Coast Guard's Marine Safety

Center (MSC) and the cognizant Officer in Charge, Marine Inspection

(OCMI) often results in unnecessary delays in obtaining a COC and SOE.

Also, under current practices, after the COC and SOE have been issued,

if a Coast Guard marine inspector discovers that the COF has been

reissued by the flag state or its authorized third party, the COC

becomes invalid and cargo operations have to be stopped until the MSC

reviews the new COF and issues a new SOE.

A new proposed procedure would make the Coast Guard's regulations

more consistent with actual practice. Due to the large number of

cargoes typically authorized under a COF, currently the MSC does not

conduct a detailed review of the majority of a vessel's plans. Instead,

the MSC concentrates on identifying cargoes prohibited from bulk

carriage in U.S. waters and those cargoes for which the U.S. has

special requirements. The MSC accepts a valid COF issued by the flag

state or its authorized third party as documentation that the vessel

complies with the applicable international codes for carriage of bulk

chemicals. These codes are the Bulk Chemical Code (BCH Code) and the

International Bulk Chemical Code (IBC Code) developed by the

International Maritime Organization. Compliance with these codes is

mandatory for any vessel whose flag state is signatory to MARPOL 73/78.

Under this proposal, it would be only those chemical tankers whose flag

state is not signatory to MARPOL 73/78 that would require a detailed

plan review by the MSC to be issued an SOE. Following plan review, the

MSC would issue an SOE to these vessels with the notation that the flag

state is not signatory to MARPOL 73/78.

Therefore, this proposal, if adopted, would amend the review and

issuance

[[Page 65993]]

process found in 46 CFR Part 153 to allow the OCMI to issue the COC and

SOE without the MSC's involvement for those vessels whose flag states

are signatory to MARPOL 73/78. This proposal would also enable the SOE

to remain valid as long as the COF is valid even if the COF is revised.

The burden on the Coast Guard would also be reduced through streamlined

administrative procedures.

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

Cite (46 CFR) Proposed change Subject addressed by regulation

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

Tank Vessels:

Sec. 32.05-5.................... Revision..................... Equipment marking.

Subpart 32.40.................... Revision..................... Accommodations.

Sec. 35.01-5.................... Revision..................... Accommodations.

Sec. 35.10-5.................... Revision..................... Emergency drills.

Sec. 35.20-15................... Revision..................... Steering orders.

Sec. 35.20-30................... Revision..................... Blinding lights.

Sec. 35.20-35................... Revision..................... Unnecessary whistling.

Sec. 35.25-1.................... Revision..................... Examination of boiler and machinery by

engineer.

Sec. 35.40-40................... Revision..................... Equipment marking.

Pressure Vessels:

Sec. 54.01-1.................... Revision..................... Heat exhangers.

Sec. 54.01-3.................... Removal...................... Heat exhangers.

Sec. 54.01-5.................... Revision..................... Heat exhangers.

Inspectins and Examinations:

Sec. 61.05-5.................... Revision..................... Preparing boilers for inspection.

Sec. 61.30-5.................... Revision..................... Preparing thermal fluid heater for

inspection.

Passenger Vessels:

Subpart 72.20.................... Revision..................... Accommodations.

Subpart 78.20.................... Removal...................... Steering orders.

Sec. 78.47-67................... Removal...................... Equipment marking.

Sec. 78.57-1.................... Revision..................... Routing instructions.

Cargo and Miscellaneous Vessels:

Subpart 92.20.................... Revision..................... Accommodation.

Subpart 97.17.................... Removal...................... Steering orders.

Sec. 97.37-45................... Removal...................... Equipment marking.

Sec. 97.47-1.................... Revision..................... Routing instructions.

Hazardous Cargoes:

Part 153......................... Revision..................... Certificate of Compliance procedures.

Public School Ships:

Subpart 167.50................... Revision..................... Accommodations.

Sec. 167.55-5................... Revision..................... Special Markings.

Sec. 167.65-15.................. Revision..................... Routing instructions.

Sec. 167.65-30.................. Removal...................... Steering orders.

Civilian Nautical School Ships:

Subpart 168.15................... Revision..................... Accommodations.

Sailing School Vessels:

Sec. 169.742.................... Removal...................... Equipment marking.

Oceanographic Research Vessels:

Subpart 190.20................... Revision..................... Accommodations.

Subpart 196.17................... Removal...................... Steering Orders.

Sec. 196.37-45.................. Removal...................... Equipment marking.

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

4. An appropriate industry standard or practice exists which can be

referenced instead of publishing detailed requirements in the

regulations. The Coast Guard has been systematically replacing detailed

specifications in the regulations with industry consensus standards for

over 20 years. To date, over 250 regulatory provisions have been

replaced with adopted industry standards. Incorporation of industry

standards saves time and resources for both the Coast Guard and

industry by streamlining the shipboard equipment acceptance process.

Sections 34.10-10, 34.10-90, 76.10-10, 76.10-90, 95.10-10, 95.10-

90, 108.425, 167.45-40, 193.10-10 and 193.10-90 of Title 46 CFR contain

requirements for fire hose nozzles that are approved under 46 CFR

162.027. In 1994, the Coast Guard helped U.S. nozzle manufacturers

develop an American Society for Testing and Materials (ASTM) standard

for fire fighting nozzles--ASTM F 1546-94, Standard Specification for

Marine Fire Fighting Nozzles. The standard was developed for modern

variable flow or variable pressure nozzle with the expectation that it

would eventually be incorporated into the regulations. Testing

conducted by the Coast Guard Research and Development Center in 1988

demonstrated these nozzles are superior to the currently approved all-

purpose nozzles. Two of the tested models were issued Coast Guard

approvals in 1990. Variable flow or variable pressure nozzles are used

by virtually every shoreside fire department in the United States.

Incorporation of this standard will make a superior product with a

long, successful service history available to the marine industry.

Therefore, this proposal, if adopted, would replace current

specifications for fire hose nozzles contained in Subpart 162.027

[[Page 65994]]

with a reference to ASTM F 1546-94 and would allow the use of nozzles

that meet the new Subpart 162.027 in lieu of nozzles previously

approved under Subpart 162.027.

Sections 56.30-35 and 56.30-40 of Title 46 CFR contain regulations

for gasketed mechanical couplings and mechanically attached fittings,

respectively. In 1993, the Coast Guard and ASTM developed ASTM

standards F 1387-93, Standard Specification for Performance of

Mechanically Attached Fittings, and F 1476-93, Standard Specification

for Performance of Gasketed Mechnical Couplings for Use in Piping

Applications, with the expectation that they would eventually be

incorporated into the regulations in lieu of Secs. 56.30-35 and 56.30-

40. This proposal, if adopted, would incorporate F 1387F-93 and F 1476-

93 into the regulations.

Section 61.20-17 of Title 46 CFR contains the requirements for

tailshaft examination intervals. The current requirements for tailshaft

examination intervals are based on the type of lubricant in the bearing

lubrication system. With some exceptions, water-lubricated tailshafts

must be drawn and examined at each drydocking. Oil-lubricated bearings

need not be drawn and examined if the bearing clearances are taken

during drydocking, the inboard seals are examined, the lubricating oil

is analyzed and nondestructive testing is conducted on the connection

between the propeller to the tailshaft. The differences in the scope

and frequency of inspection are due to the non-corrosive properties of

oil. Consequently, the use of an oil-lubricated tailshaft can translate

into substantial savings during drydock periods. However, a potential

drawback is liability for oil released from leaky seals. As a result,

industry demand has spurred development of water-miscible,

environmentally safe, non-corrosive lubricants.

The Coast Guard supports the development and use of non-polluting

lubricants and has evaluated the means for a manufacturer to

demonstrate a lubricant's equivalency to oil, based on the lubricant's

non-corrosive properties, for purposes of the tailshaft inspection

interval. Under this proposal, if adopted, a water-miscible lubricant

tested in accordance with ASTM D 665-92, Standard Test Method for Rust-

Preventing Characteristics of Inhibited Mineral Oil in the Presence of

Water, may be considered equivalent to oil for the purposes of the

tailshaft inspection interval. Therefore, this proposal, if adopted,

would incorporate ASTM D 665-92 into the regulations and add

appropriate text into Sec. 61.20-17 explaining the procedures for

accepting water-miscible lubricants as equivalent to oil. Additionally,

this proposal, if adopted, would clarify the purpose of the tailshaft

lubricating oil analysis by explaining that the analysis is to

determine the presence of bearing material or other contaminants.

Section 38.25-10 of Title 46 CFR contains the inspection

requirements for safety relief valves installed on pressure vessel type

cargo tanks used in the carriage of liquefied petroleum gas. Under the

current regulations, safety relief valves must be tested and adjusted,

if necessary, every four years. The ABS Rules require testing and

adjustment every five years. The ABS Rules, with the longer testing

interval, have shown to be adequate by the satisfactory performance of

safety relief valves on non-U.S. vessels classed by ABS. The Coast

Guard has amended the inspection intervals for vessel drydockings and

for various pieces of shipboard equipment to agree with the inspection

intervals in international standards and class society rules. These

amendments have been made after consideration for any possible

degradation in safety to allow major pieces of equipment to be tested

on a cycle that coincides with the normal drydock schedule for the

convenience of the vessel owner, class society and the Coast Guard.

Therefore, this proposal, if adopted, would change the testing interval

for safety valves installed on pressure vessel type cargo tanks from

four years to five years to be consistent with international standards

and classification society rules.

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

Subject addressed

Cite (46 CFR) Proposed change by regulation

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

Sec. 34.10-10.................. Revision......... Fire hose nozzles.

Sec. 34.10-90.................. Revision......... Fire hose nozzles.

Sec. 38.25-10.................. Revision......... Safety relief

valves.

Sec. 56.01-2................... Revision......... Incorporation by

reference.

Sec. 56.30-35.................. Revision......... Gasketed mechanical

couplings.

Sec. 56.30-40.................. Revision......... Mechanically

attached fittings.

Subpart 61.03................... New.............. Incorporation by

reference.

Sec. 61.20-17.................. Revision......... Tailshaft

inspections.

Sec. 76.10-10.................. Revision......... Fire hose nozzles.

Sec. 76.10-90.................. Revision......... Fire hose nozzles.

Sec. 95.10-10.................. Revision......... Fire hose nozzles.

Sec. 95.10-90.................. Removal.......... Fire hose nozzles.

Sec. 108.425................... Revision......... Fire hose nozzles.

Subpart 162.027................. Revision......... Fire hose nozzles.

Sec. 167.45-40................. Revision......... Fire hose nozzles.

Sec. 193.10-10................. Revision......... Fire hose nozzles.

Sec. 193.10-90................. Revision......... Fire hose nozzles.

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

5. Statutory language repeated. The regulatory text of the

following provisions repeats language or restates requirements from

self-executing statutes without any additional regulatory provisions.

Section 26.15-1 of Title 46 CFR repeats the statutory language of

46 U.S.C. 527e authorizing the Coast Guard to board numbered,

uninspected commercial vessels. Section 527e of Title 46 U.S.C. was

repealed on August 10, 1971 (P.L. 92-75; 85 Stat. 228). The authority

for the Coast Guard to conduct boardings on uninspected vessels remains

in Title 14 U.S.C. 89. Therefore, Sec. 26.15-1 is no longer needed and

is proposed for revision.

Sections 35.07-5, 35.07-15, 78.37-3, 97.35-3, 97.35-10, 196.35-3

and 196.35-10 of Title 46 CFR either repeat statutory language or

paraphrase statutory requirements for making logbook entries. Subparts

78.03, 97.03 and 196.03 of Title 46 CFR repeat the possible

consequences of a violation of the provisions of Title 46 CFR and

mariners' liability under the suspension and revocation proceedings.

Sections 167.65-3 and 196.27-10 of Title 46 CFR repeat the statutory

language regarding negligent operations of a vessel.

Regulations which do not add meaning or additional requirements to

self-executing statutes are not useful. Therefore, regulations which

only repeat language or summarize requirements from self-executing

statutes are not necessary and are proposed for removal.

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

Subject addressed

Cite (46 CFR) Proposed change by regulation

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

Sec. 26.15-1................... Revision......... Boarding by Coast

Guard.

Sec. 35.07-5................... Revision......... Logbook entries.

Sec. 35.07-15.................. Removal.......... Logbook entries.

Subpart 78.03................... Removal.......... Statutory

penalties.

[[Page 65995]]

Sec. 78.37-3................... Revision......... Logbook entries.

Subpart 97.03................... Removal.......... Statutory

penalties.

Sec. 97.35-3................... Revision......... Logbook entries.

Sec. 97.35-10.................. Removal.......... Logbook entries.

Sec. 167.65-3.................. Removal.......... Negligent

operations.

Subpart 196.03.................. Removal.......... Statutory

penalties.

Sec. 196.27-10................. Removal.......... Negligent

operations.

Sec. 196.35-3.................. Revision......... Logbook entries.

Sec. 196.35-10................. Removal.......... Logbook entries.

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

Incorporation by Reference

The following material would be incorporated by reference:

American Society for Testing and Materials (ASTM):

Standard Specification for Performance of Mechanically Attached

Fittings, F 1387-93--Secs. 56.01-2, 56.30-35

Standard Specification for Performance of Gasketed Mechanical

Couplings for Use in Piping Applications, F 1476-93--Secs. 56.01-2,

56.30-40

Standard Specification for Marine Fire Fighting Nozzles, ASTM F

1546-93--Secs. 162.027-1, 162.027-2, 162.027-3

Copies of the material are available for inspection where indicated

under ADDRESSES. Copies of the material are available from the sources

listed in Secs. 56.01-2 and 162.027-1.

Before publishing a final rule, the Coast Guard will submit this

material to the Director of the Federal Register for approval of the

incorporation by reference.

Regulatory Evaluation

This proposal is not a significant regulatory action under section

3(f) of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order, nor

has it been reviewed by the Office of Management and Budget. It is not

significant under the regulatory policies and procedures of the

Department of Transportation (DOT) (44 FR 11034; February 26, 1979).

The Coast Guard expects the economic impact of this proposal to be so

minimal that a full Regulatory Assessment is unnecessary.

Small Entities

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

Coast Guard must consider the economic impact on small entities of a

rule for which a general notice of proposed rulemaking is required.

``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.

This proposed rule will have no economic impact on small entities

because it amends portions of regulations that: (1) Are purely

administrative; (2) Do not reflect common marine industry practice; (3)

Do not have general applicability; or, (4) Are repeated in other

sections.

Therefore, the Coast Guard finds that this proposed rule will not

have a significant economic impact on a substantial number of small

entities. If, however, you think that your business or organization

qualifies as a small entity and that this rule will have a significant

economic impact on your business or organization, please submit a

comment (see ADDRESSES) explaining why you think it qualifies and in

what way and to what degree this proposed rule will economically affect

it.

Collection of Information

This proposed rule imposes on the public no new or added

requirements for collecting information under the Paperwork Reduction

Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposed rule in accordance with

the principles and criteria of Executive Order 12612 and has determined

that this rule does not have sufficient implications for federalism to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the environmental impact of this

proposed rule and concluded that, under section 2.B.2.c of Commandant

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

environmental documentation. A Categorical Exclusion Determination is

available in the docket for inspection or copying where indicated under

ADDRESSES.

List of Subjects

46 CFR Part 26

Marine safety, Penalties, Reporting and recordkeeping requirements.

46 CFR Part 31

Cargo vessels, Marine safety, Reporting and recordkeeping

requirements.

46 CFR Part 32

Cargo vessels, Fire prevention, Marine safety, Navigation (water),

Occupational safety and health, Reporting and recordkeeping

requirements, Seamen.

46 CFR Part 34

Cargo vessels, Fire prevention, Marine safety.

46 CFR Part 35

Cargo vessels, Marine safety, Navigation (water), Occupational

safety and health, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 38

Cargo vessels, Fire prevention, Gases, Hazardous materials

transportation, Marine safety, Reporting and recordkeeping

requirements.

46 CFR Part 54

Reporting and recordkeeping requirements, Vessels.

46 CFR Part 56

Reporting and recordkeeping requirements, Vessels.

46 CFR Part 61

Reporting and recordkeeping requirements, Vessels.

46 CFR Part 72

Fire prevention, Marine safety, Occupational safety and health,

Passenger vessels, Seamen.

46 CFR Part 76

Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 77

Marine safety, Navigation (water), Passenger vessels.

46 CFR Part 78

Marine safety, Navigation (water), Passenger vessels, Penalties,

Reporting and recordkeeping requirements.

46 CFR Part 92

Cargo vessels, Fire prevention, Marine safety, Occupational safety

and health, Seamen.

46 CFR Part 95

Cargo vessels, Fire prevention, Marine safety.

46 CFR Part 96

Cargo vessels, Marine safety, Navigation (water).

[[Page 65996]]

46 CFR Part 97

Cargo vessels, Marine safety, Navigation (water), Reporting and

recordkeeping requirements.

46 CFR Part 108

Fire prevention, Marine safety, Occupational safety and health, Oil

and gas exploration, Vessels.

46 CFR Part 109

Marine safety, Occupational safety and health, Oil and gas

exploration, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 153

Administrative practice and procedure, Cargo vessels, Hazardous

materials transportation, Marine safety, Reporting and recordkeeping

requirements, Water pollution control.

46 CFR Part 160

Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 162

Fire Prevention, Marine safety, Oil pollution, Reporting and

recordkeeping requirements.

46 CFR Part 164

Fire prevention, Marine safety, Reporting and recordkeeping

requirements.

46 CFR Part 167

Fire prevention, Marine safety, Reporting and recordkeeping

requirements, Schools, Seamen, Vessels.

46 CFR Part 168

Occupational safety and health, Schools, Seamen, Vessels.

46 CFR Part 169

Fire prevention, Marine safety, Reporting and recordkeeping

requirements, Schools, Vessels.

46 CFR Part 190

Fire prevention, Marine safety, Occupational safety and health,

Oceanographic research vessels.

46 CFR Part 193

Fire prevention, Marine safety, Oceanographic research vessels.

46 CFR Part 196

Marine safety, Oceanographic research vessels, Reporting and

recordkeeping requirements.

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

to amend 46 CFR Parts 26, 31, 32, 34, 35, 38, 54, 56, 61, 72, 76, 77,

78, 92, 95, 96, 97, 108, 109, 153, 160, 162, 164, 167, 168, 169, 189,

190, 193, and 196 as follows:

PART 26--OPERATIONS

1. The authority citation for Part 26 continues to read as follows:

Authority: 46 U.S.C. 3306, 4104, 6101, 8105; E.O. 12234, 45 FR

58801, 3 CFR, 1980 Comp., p. 277.; 49 CFR 1.46.

2. In Sec. 26.15-1, paragraphs (a) and (b) are removed, paragraph

(c) is redesignated as paragraph (b), and a new paragraph (a) is added

to read as follows:

Sec. 26.15-1 May board at any time.

(a) To facilitate the boarding of vessels by the commissioned,

warrant, and petty officers of the U.S. Coast Guard in the exercise of

their authority, every uninspected vessel, as defined in 46 U.S.C.

2101(43), if underway and upon being hailed by a Coast Guard vessel,

shall stop immediately and lay to, or shall maneuver in such a way as

to permit the Coast Guard boarding officer to come aboard. Failure to

permit a Coast Guard boarding officer to board a vessel or refusal to

comply will subject the operator or owner of the vessel to the

penalties provided in law.

* * * * *

PART 31--INSPECTION AND CERTIFICATION

3. The authority citation for Part 31 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306; 49 U.S.C.

5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.

12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; 49 CFR 1.46. Section

31.10-21a also issued under the authority of Sect. 4109, Pub. L.

101-380, 104 Stat. 515.

Sec. 31.10-15 [Amended]

4. In Sec. 31.10-15, paragraph (a) is amended by removing the words

``and in the case of nuclear vessels, at least once every year''.

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

5. The authority citation for Part 32 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801,

3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 32.59 also under the

authority of Sect. 4109, Pub. L. 101-380, 104 Stat. 515.

6. Section 32.02-5 is revised to read as follows:

Sec. 32.02-5 Communication between deckhouses--TB/OCLB.

On all tank vessels where the distance between deckhouses is more

than 46 m (150 ft), a fixed means of facilitating communication between

both ends of the vessel, such as a raised fore and aft bridge or side

tunnels, shall be provided. Previously approved arrangements may be

retained so long as they are maintained in satisfactory condition to

the satisfaction of the Officer in Charge, Marine Inspection.

Sec. 32.05-5 [Amended]

7. In Sec. 32.05-5, the words ``fire hose, fire axes,'' are

removed.

8. Section 32.15-10 is revised to read as follows:

Sec. 32.15-10 Sounding machines--T/OCL.

All mechanically propelled vessels in ocean or coastwise service of

500 gross tons and over, and all mechanically propelled vessels in

Great Lakes service of 500 gross tons and over certificated for service

on the River St. Lawrence eastward of the lower exit of the St. Lambert

Lock at Montreal, Canada, shall be fitted with an efficient electronic

deep-sea sounding apparatus.

9. Subpart 32.40 is revised to read as follows:

Subpart 32.40--Accommodations for Officers and Crew

Sec.

32.40-1 Application--TB/ALL.

32.40-5 General--T/ALL.

32.40-10 Restrictions--T/ALL.

32.40-15 Location of crew spaces--T/ALL.

32.40-20 Arrangement of sleeping spaces--T/ALL.

32.40-25 Size of sleeping spaces--T/ALL.

32.40-30 Berths and lockers--T/ALL.

32.40-35 Wash spaces; toilet spaces; and shower spaces--T/ALL.

32.40-40 Messrooms--T/ALL.

32.40-45 Hospital spaces--T/ALL.

32.40-50 Miscellaneous accommodation spaces--T/ALL.

32.40-55 Heating requirements--T/ALL.

32.40-60 Inspect screens--T/ALL.

32.40-65 Crew accommodations on tankships of less than 100 gross

tons and manned tank barges--TB/ALL.

32.40-70 Crew accommodations on tankships constructed before June

15, 1987--T/ALL.

Sec. 32.40-1 Application--TB/ALL.

(a) The provisions of this subpart, with the exception of

Sec. 32.40-70 and Sec. 32.40-90, apply to all tankships of 100 gross

tons and over constructed on or after June 15, 1987.

(b) Tankships of less than 100 gross tons and manned tank barges

must meet the requirements of Sec. 32.40-70.

(c) Tankships of 100 gross tons and over constructed prior to June

15, 1987, must meet the requirements of Sec. 32.40-90.

Sec. 32.40-5 General--T/ALL.

The accommodations provided for the crew, including both officers

and

[[Page 65997]]

unlicensed members, on all tankships must be securely constructed,

properly lighted, heated, drained, ventilated, equipped, located,

arranged, and insulated from undue noise, heat and odors.

Sec. 32.40-10 Restrictions--T/ALL.

(a) There must be no direct communication between the accommodation

spaces and any chainlocker, stowage, or machinery space, except through

solid, close-fitted doors or hatches.

(b) No access, vent, or sounding tube from a fuel or oil tank may

open into any accommodation space, except that accesses and sounding

tubes may open into corridors.

Sec. 32.40-15 Location of crew spaces--T/ALL.

Crew quarters must not be located forward of a vertical plane

located at five percent of the tankship's length aft of the stem at the

designated summer load line. However, for tankships in other than ocean

or coastwise service, this distance does not need to exceed 8.5 m (28

ft). For the purposes of this paragraph, the length defined in

Sec. 42.13-15 of Subchapter E (Load Lines) of this chapter is to be

used. No section of the deckhead of the crew spaces may be below the

deepest load line.

Sec. 32.40-20 Arrangement of sleeping spaces--T/ALL.

Each department head and watchstanding officer must be provided

with a separate stateroom.

Sec. 32.40-25 Size of sleeping spaces--T/ALL.

(a) No sleeping space may berth more than four persons.

(b) Without deducting any furnishings used by the occupants, each

sleeping space must have for each occupant--

(1) 2.78 m\2\ (30 ft\3\) of deck area: and

(2) 5.8 m\3\ (210 ft\2\) of volume.

(c) Each sleeping space must have at least 190 cm (75 in) of

headroom over clear deck areas.

Sec. 32.40-30 Berths and lockers--T/ALL.

(a) Each person shall have a separate berth and not more than one

berth shall be placed above another.

(b) Each berth must have a framework of hard, smooth, non-corrosive

material.

(c) Each berth must be at least 68 cm (27 in) wide by 190 cm (75

in) long.

(d) The bottom of the lower berth must be at least 30 cm (12 in)

above the deck. The bottom of an upper berth must be at least 76 cm (30

in) from the bottom of the berth below it and from the deck or any

pipe, ventilating duct, or other overhead installation.

(e) Each person accommodated in a room shall be provided a locker.

(f) Each berth must have a berth light.

Sec. 32.40-35 Wash spaces: toilet spaces; and shower spaces--T/ALL.

(a) Each tankship must have enough public facilities to provide at

least one toilet, one shower, and one washbasin for each eight persons

who occupy sleeping spaces that do not have private or semi-private

facilities.

(b) Each public toilet space and washing space must be convenient

to the sleeping space that it serves.

(c) Each washbasin, shower, and bathtub must have hot and cold

running water.

(d) Adjacent toilets must be separated by a partition that is open

at the top and bottom.

(e) Each washing space and toilet space must be constructed and

arranged so that it can be kept in a clean and sanitary condition and

the plumbing and mechanical appliances kept in good working order.

Sec. 32.40-40 Messrooms--T/ALL.

Each messroom must seat the number of persons expected to eat in

the messroom at one time.

Sec. 32.40-45 Hospital space--T/ALL.

(a) Except as specifically modified by paragraph (h) of this

section, each tankship, which in the ordinary course of its trade makes

voyages of more than three days duration between ports, other than on a

coastal voyage, and which carries a crew of twelve persons or more,

must have a hospital space.

(b) The hospital must be used only for the care of the sick.

(c) Each hospital space must have a toilet, washbasin, and bathtub

or shower accessible from the hospital space.

(d) Each hospital space must have a clothes locker, a table, and

seats.

(e) On tankships in which the entire crew is berthed in single

occupancy rooms, a hospital space is not required if one room is

designated and fitted for use as a treatment and isolation room, and

meets the following standards:

(1) The room must be available for immediate medical use;

(2) A washbasin with hot and cold running water must be installed

either in or immediately adjacent to the space and other required

sanitary facilities must be conveniently located.

Sec. 32.40-50 Miscellaneous accommodation spaces--T/ALL.

(a) Each tankship must have enough facilities for the crew to wash

and dry their own clothes, including at least one tub or sink that has

hot and cold running water.

(b) Each tankship must have an accommodation space that can be used

for recreation.

Sec. 32.40-55 Heating requirements--T/ALL.

(a) Radiators and other heating apparatus must be constructed,

located or shielded so as to avoid risk of fire or danger and

discomfort to the occupants of each accommodation space.

(b) Each exposed pipe in an accommodation space leading to a

radiator or other heating apparatus must be insulated.

Sec. 32.40-60 Insect screens--T/ALL.

Accommodation spaces must be protected against the admission of

insects.

Sec. 32.40-65 Crew accommodations on tankships of less than 100 gross

tons and manned tank barges--TB/ALL.

(a) The crew accommodations on all tankships of less than 100 gross

tons and all manned tank barges must have sufficient size and

equipment, and be adequately constructed to provide for the protection

of the crew in a manner practicable for the size, facilities, and

service of the tank vessel.

(b) The crew accommodations must be consistent with the principles

underlying the requirements for crew accommodations of tankships of 100

gross tons or more.

Sec. 32.40-70 Crew accommodations on tankships constructed before June

15, 1987--T/ALL.

All tankships of 100 gross tons and over constructed before June

15, 1987 may retain previously accepted or approved installations and

arrangements so long as they are maintained in good condition to the

satisfaction of the Officer in Charge, Marine Inspection.

Subpart 32.95--[Removed]

10. Subpart 32.95 is removed.

PART 34--FIREFIGHTING EQUIPMENT

The authority citation for Part 34 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,

1980 Comp., p. 277; 49 CFR 1.46.

12. In Sec. 34.05-5, paragraphs (a)(1), (a)(2), (a)(3) and (a)(4)

are revised to read as follows:

Sec. 34.05-5 Fire-extinguishing systems--T/ALL.

(a) * * *

(1) Dry cargo compartments. A carbon dioxide or water spray system

shall be installed for the protection of all dry cargo compartments.

Where such

[[Page 65998]]

compartments are readily accessible by means of doors such spaces need

be protected only by the fire main system.

(2) Cargo tanks. A deck foam system shall be installed for the

protection of all cargo tank spaces. Where a deck foam system is

installed, an approved inert gas, steam or other system may also be

installed for the purposes of fire prevention or inerting of cargo

tanks. For vessels under 100 feet in length, the semiportable equipment

required by footnote 1 of Table 34.05-5(a) will be considered as

meeting the requirements of this subparagraph.

(3) Lamp and paint lockers and similar spaces. A carbon dioxide or

water spray system shall be installed in all lamp and paint lockers,

oil rooms, and similar spaces.

(4) Pumprooms. A carbon dioxide, inert gas, foam or water spray

system shall be installed for the protection of all pumprooms.

* * * * *

Sec. 34.05-15 [Removed]

13. Section 34.05-15 is removed.

14. In Sec. 34.10-10, paragraphs (e), (e-1) and (n) are removed,

paragraphs (f) through (m) are redesignated as paragraphs (g) through

(n), respectively, and new paragraphs (e), (f) and (o) are added to

read as follows:

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

* * * * *

(e) Each fire station hydrant must have at least one length of fire

hose. Each fire hose on the hydrant must have a combination solid

stream and water spray fire hose nozzle that meets the requirements in

Subpart 162.027 of this chapter. Fire hose nozzles previously approved

under Subpart 162.027 of this chapter may be retained so long as they

are maintained in good condition to the satisfaction of the Officer in

Charge, Marine Inspection. A suitable hose rack or other device shall

be provided. Hose racks on weather decks shall be located so as to

afford protection from heavy seas. The hose shall be stored in the open

or so as to be readily visible.

Table 34.10-10(E).--Hydrants with Coast Guard Approved Low-Velocity

Water Spray Applicators

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

No. of hydrants

Location with approved Approved applicator

applicators length (meters (feet))

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

Living spaces.................. 1 1.2(4)

Weather deck................... 4 3(10) or 3.7(12)

Machinery space................ 2 1.2(4)

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

(f) Each combination nozzle previously approved under Subpart

162.027 of this chapter in the locations listed in Table 34.10-10(E)

must have a low-velocity water spray applicator also previously

approved under Subpart 162.027 of this chapter that is of the length

listed in that table.

* * * * *

(o) Each low-velocity water spray applicator under paragraph (f) of

this section must have fixed brackets, hooks, or other means for

stowing next to the hydrant.

15. In Sec. 34.10-90, paragraphs (a)(12) and (a)(13) are removed,

paragraph (a)(14) is redesignated as (a)(12) and paragraphs (a)(10),

(a)(11) and (b)(2) are revised to read as follows:

Sec. 34.10-90 Installations contracted for prior to May 26, 1965--T/

ALL.

(a) * * *

(10) Each fire station hydrant on a tankship of 500 gross tons or

more must have at least one length of firehose. Each firehose on the

hydrant must have a combination solid stream and water spray firehose

nozzle that meets the requirements of Subpart 162.027. Fire hose

nozzles previously approved under Subpart 162.027 of this chapter may

be retained so long as they are maintained in good condition to the

satisfaction of the Officer in Charge, Marine Inspection.

(11) On each tankship of 1000 gross tons or more, the nozzle

required by paragraph (a)(10) on each of the following hydrants must

have a low velocity applicator that was previously approved under

Subpart 162.027 and that connects to that nozzle when the nozzle itself

was previously approved under Subpart 162.027;

(i) At least two hydrants in the machinery and boiler spaces.

(ii) At least 25 percent of other hydrants.

* * * * *

(b) * * *

(2) Each fire station hydrant must have at least one length of

firehose. Each firehose on the hydrant must have a combination solid

stream and water spray nozzle that meets the requirements of Subpart

162.027. Fire hose nozzles previously approved under Subpart 162.027 of

this chapter may be retained so long as they are maintained in good

condition to the satisfaction of the Officer in Charge, Marine

Inspection. If the fire hose nozzles were previously approved under

Subpart 162.027, each of the number of hydrants in the locations listed

in Table 34.10-10(E) must have a low velocity water spray applicator

that:

(i) Was previously approved under Subpart 162.027 of this chapter:

(ii) Is the length listed in Table 34.10-(E); and

(iii) Meets Sec. 34.10-10(o).

16. Subpart 34.13 is revised to read as follows:

Subpart 34.13--Steam Smothering Systems

Sec. 34.13-1 Application--T/ALL.

Steam smothering fire extinguishing systems are not permitted on

vessels contracted for on or after January 1, 1962. Previously approved

installations may be retained as long as they are maintained in good

condition to the satisfaction of the Officer in Charge, Marine

Inspection.

Subpart 34.55--[Removed]

17. Subpart 34.55 is removed.

PART 35--OPERATIONS

18. The authority citation for Part 35 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49

U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR

1.46.

Sec. 35.01-5 [Amended]

19. In Sec. 35.01-5, paragraphs (b) and (c) are removed and the

paragraph designation ``(a)'' is removed from paragraph (a).

20. Section 35.07-5 is revised to read as follows:

Sec. 35.07-5 Logbooks and records--TB/ALL.

(a) The master or person in charge of a vessel that is required by

46 U.S.C. 11301 to have an official logbook shall maintain the logbook

on Form CG-706. When the voyage is completed, the master or person in

charge shall file the logbook with the Officer in Charge, Marine

Inspection.

(b) The master or person in charge of a vessel that is not required

by 46 U.S.C. 11301 to have an official logbook, shall maintain, on

board, an unofficial logbook or record in any form desired

[[Page 65999]]

for the purposes of making entries therein as required by law or

regulations in this subchapter. Such logs or records are not filed with

the Officer in Charge, Marine Inspection, but shall be kept available

for review by a marine inspector for a period of one year after the

date to which the records refer. Separate records of tests and

inspections of firefighting equipment shall be maintained with the

vessel's logs for the period of validity of the vessel's certificate of

inspection.

Sec. 35.07-15 [Removed]

21. Section 35.07-15 is removed.

Sec. 35.10-5 [Amended]

22. In Sec. 35.10-5, paragraph (g) is removed and paragraphs (h)

and (i) are redesignated as paragraphs (g) and (h), respectively.

23. Subpart 35.12 is revised to read as follows:

Subpart 35.12--Placard of Lifesaving Signals

Sec.

35.12-1 Application--T/OCLB.

35.12-5 Availability--T/OCLB.

Sec. 35.12-1 Application--T/OCLB.

The provisions of this subpart shall apply to all vessels on an

international voyage, and all other vessels of 150 gross tons or over

in ocean, coastwise or Great Lakes service.

Sec. 35.12-5 Availability--T/OCLB.

On all vessels to which this subpart applies there shall be readily

available to the deck officer of the watch a placard containing

instructions for the use of the lifesaving signals set forth in

Regulation 16, Chapter V, of the International Convention for Safety of

Life at Sea, 1974. These signals shall be used by vessels or persons in

distress when communicating with lifesaving stations and maritime

rescue units.

Sec. 35.20-15 [Removed]

24. Section 35.20-15 is removed.

Sec. 35.20-25 [Removed]

25. Section 35.20-25 is removed.

26. Section 35.20-30 is revised to read as follows:

Sec. 35.20-30 Flashing the rays of a searchlight or other blinding

light--T/ALL.

No person shall flash or cause to be flashed the rays of a search

light or other blinding light onto the bridge or into the pilothouse of

any vessel under way.

27. Section 35.20-35 is revised to read as follows:

Sec. 35.20-35 Whistling--All.

The unnecessary sounding of a vessel's whistle is prohibited within

any harbor limits of the United States.

28. Section 35.20-40 is revised to read as follows:

Sec. 35.20-40 Maneuvering characteristics--T/OC.

(a) Each ocean and coastwide tankship of 1,600 gross tons or over

must have the maneuvering information listed in 33 CFR 164.35(g)(1)

through (g)(7) prominently displayed in the pilot house on a fact

sheet.

(b) The information on the fact sheet must be:

(1) Verified by the owner or operator six months after the vessel

is placed in service; or

(2) Modified six months after the vessel is placed into service and

verified within three months thereafter.

(c) The information that appears on the fact sheet may be obtained

from:

(1) Trial trip observations;

(2) Model tests;

(3) Analytical calculations;

(4) Simulations;

(5) Information established from another vessel of similar hull

form, power, rudder and propeller; or

(6) Any combination of the above. The accuracy of the information

in the fact sheet required is that attainable by ordinary shipboard

navigation equipment.

(d) The requirement for information for fact sheets for vessels of

unusual design will be specified on a case by case basis.

29. Section 35.25-1 is revised to read as follows:

Sec. 35.25-1. Examination of boilers and machinery by engineer--T/ALL.

It shall be the duty of an engineer when he assumes charge of the

boilers to examine the same forthwith and thoroughly. If he finds any

part thereof in bad condition, he shall immediately report the facts to

the master, owner, or agent, and to the nearest Officer in Charge,

Marine Inspection.

Sec. 35.30-45 [Removed]

30. Section 35.30-45 is removed.

Sec. 35.40-40 [Amended]

31. In Sec. 35.40-40, paragraph (a) is amended by removing the

words ``fire hoses, fire axes,''.

Subpart 35.70--[Removed]

32. Subpart 35.70 is removed.

PART 38--LIQUEFIED FLAMMABLE GASES

33. The authority citation for Part 38 is revised to read as

follows:

Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5101, 5106;

E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

34. In Sec. 38.25-10, paragraph (b) is revised to read as follows:

Sec. 38.25-10 Safety relief valves--TB/ALL.

* * * * *

(b) The safety relief valve discs shall be lifted from their seats

in the presence of a marine inspector by either liquid, gas, or vapor

pressure at least once every 5 years to determine the accuracy of

adjustment and, if necessary, shall be reset.

PART 54--PRESSURE VESSELS

35. The authority citation for Part 54 is revised to read as

follows:

Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703;

E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

Sec. 54.01-1 [Amended]

36. In Sec. 54.01-1, paragraph (b) is amended by removing the

incorporation by reference entry for the Tubular Exchanger

Manufacturers Association.

Sec. 54.01-3 [Removed]

37. Section 54.01-3 is removed.

Sec. 54.01-5 [Amended]

38. In Sec. 54.01-5, paragraph (d)(5) is amended by adding the word

``and'' after the semicolon, paragraph (d)(6) is removed, paragraph

(d)(7) is redesignated as paragraph (d)(6) and footnote 8 is removed

from Table 54.01-5(b).

PART 56--PIPING SYSTEMS AND APPURTENANCES

39. The authority citation for Part 56 continues to read as

follows:

Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C.

3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.

12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.

40. In Sec. 56.01-2, paragraph (b) is amended by adding in

numerical order of the standards incorporated by reference from the

American Society for Testing and Materials (ASTM) the following

additional standards:

Sec. 56.01-2 Incorporation by reference.

* * * * *

(b) * * *

ASTM F 1387-93 Standard--56.30-40

Specification for Performance of Mechanically Attached Fittings

ASTM F 1476-93 Standard--56.30-35

Specification for Performance of Casketed Mechanical Couplings for

Use in Piping Applications

* * * * *

41. Section 56.30-35 is revised to read as follows:

[[Page 66000]]

Sec. 56.30-35 Sleeve coupled and other proprietary joints.

Coupling type, mechanical gland type and other proprietary joints

may be used in certain locations (see Sec. 56.30-40(d) for limitations)

where experience or tests have demonstrated that the joint is safe for

the operating conditions, and where adequate provision is made to

prevent separation of the joint. Fittings of this type shall be

designed, constructed, tested and marked in accordance with ASTM F

1476-93.

42. In Sec. 56.30-40, paragraphs (b), (c), (e), and (h) are

removed, paragraph (d) is redesignated as paragraph (c), paragraphs (f)

and (g) are redesignated as paragraphs (d) and (e), respectively, and a

new paragraph (b) is added to read as follows:

Sec. 56.30-40 Flexible pipe couplings of the compression or slip-on

type.

* * * * *

(b) Couplings shall be designed, constructed, tested and marked in

accordance with ASTM F 1387-93.

* * * * *

Sec. 56.50-100 [Removed]

43. Section 56.50-100 is removed.

PART 61--PERIODIC TESTS AND INSPECTIONS

44. The authority citation for Part 61 continues to read as

follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45

FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

45. Subpart 61.03 is added to read as follows:

Subpart 61.03--Incorporation of Standards

Sec. 61.03-1 Incorporation by reference.

(a) Certain material is incorporated by reference into this part

with the approval of the Director of the Federal Register in accordance

with 5 U.S.C. 552(a). To enforce any edition other than that specified

in paragraph (b) of this section, the Coast Guard must publish notice

of change in the Federal Register and make the material available to

the public. All approved material is on file at the Office of the

Federal Register, 800 North Capitol Street, NW., suite 700, Washington,

DC, and at the U.S. Coast Guard, Design and Engineering Standards

Division (G-MMS), 2100 Second Street SW., Washington, DC 20593-0001 and

is available from the sources indicated in paragraph (b) of this

section.

(b) The material for incorporation by reference in this part and

the sections affected are:

American Society for Testing and Materials (ASTM), 1916 Race Street,

Philadelphia, PA 19103

ASTM D 665-92, Standard Test Method for Rust-Preventing Characteristics

of Inhibited Mineral Oil in the Presence of Water, 1992--61.20-17

Sec. 61.05-5 [Amended]

46. In Sec. 61.05-5, paragraph (a) is removed and paragraphs (b)

and (c) are redesignated as paragraphs (a) and (b), respectively.

47. Section 61.20-17 is revised to read as follows:

Sec. 61.20-17 Examination intervals.

(a) A lubricant that demonstrates the corrosion inhibiting

properties of oil when tested in accordance with ASTM D 665-92 is

considered to be equivalent to oil for the purposes of the tailshaft

examination interval.

(b) Except as provided in paragraphs (c) through (f) of this

section, each tailshaft on a vessel must be examined twice within any

five year period. No more than three years may elapse between any two

tailshaft examinations.

(c) Tailshafts on vessels fitted with multiple shafts must be

examined once every five years.

(d) Tailshafts with inaccessible portions fabricated of materials

resistant to corrosion by sea water, or fitted with a continuous liner

or a sealing gland which prevents sea water from contacting the shaft,

must be examined once every five years if they are constructed or

fitted with a taper, keyway, and propeller designed in accordance with

the American Bureau of Shipping standards to reduce stress

concentrations or are fitted with a flanged propeller. Accessible

portions of tailshafts must be examined visually during each drydock

examination.

(e) Tailshafts with oil lubricated bearings, including bearings

lubricated with a substance considered to be equivalent to oil under

the provisions of paragraph (a), need not be drawn for examination--

(1) If tailshaft bearing clearance readings are taken whenever the

vessel undergoes a drydock examination or underwater survey;

(2) If the inboard seal assemblies are examined whenever the vessel

undergoes a drydock examination or underwater survey;

(3) If an analysis of the tailshaft bearing lubricant is performed

semiannually in accordance with the lubrication system manufacturer's

recommendations to determine bearing material content or the presence

of other contaminants; and

(4) If--

(i) For tailshafts with a taper, the propeller is removed and the

taper and the keyway (if fitted) are nondestructively tested at

intervals not to exceed five years; or

(ii) For tailshafts with a propeller fitted to the shaft by means

of a coupling flange, the propeller coupling bolts and flange radius

are nondestructively tested whenever they are removed or made

accessible in connection with overhaul or repairs.

(f) Tailshafts on mobile offshore drilling units are not subject to

examination intervals under paragraphs (b) through (d) of this section

if they are--

(1) Examined during each regularly scheduled drydocking; or

(2) Regularly examined in a manner acceptable to the Commandant (G-

MCO).

Sec. 61.30-5 [Amended]

48. In Sec. 61.30-5, paragraph (a) is removed and the paragraph

designation ``(b)'' is removed from paragraph (b).

PART 72--CONSTRUCTION AND ARRANGEMENT

49. The authority citation for Part 72 continues to read as

follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

Sec. 72.05-60 [Removed]

50. Section 72.05-60 is removed.

51. Subpart 72.20 is revised to read as follows:

Subpart 72.20--Accommodations for Officers and Crew

Sec.

72.20-1 Application.

72.20-5 Intent.

72.20-10 Location of crew spaces.

72.20-15 Construction.

72.20-20 Sleeping accommodations.

72.20-25 Washrooms and toilet rooms.

72.20-30 Messrooms.

72.20-35 Hospital space.

72.20-40 Other spaces.

72.20-45 Lighting.

72.20-50 Heating.

72.20-55 Insect screens.

72.20-90 Vessels contracted for prior to November 19, 1952.

Sec. 72.20-1 Application.

The provisions of this subchapter, except Sec. 72.20-90, apply to

all vessels contracted for after November 18, 1952. Vessels contracted

for before November 19, 1952 shall meet the requirements of Sec. 72.20-

90.

Sec. 72.20-5 Intent.

It is the intent of this subpart that the accommodations provided

for officers and crew on all vessels shall be securely

[[Page 66001]]

constructed, properly lighted, heated, drained, ventilated, equipped,

located, arranged, and where practicable, shall be insulated from undue

noise, heat and odors.

Sec. 72.20-10 Location of crew spaces.

(a) Crew quarters shall not be located farther forward in the

vessel than a vertical plane located at 5 percent of the vessel's

length abaft the forward side of the stem at the designed summer load

water line. However, for vessels in other than ocean or coastwise

service, this distance need not exceed 8.5 m (28 ft). For the purposes

of this paragraph, the length shall be as defined in Sec. 43.15-1 of

Subchapter E (Load Lines) of this chapter. No section of the deck of

the crew spaces shall be below the deepest load line, except that in

special cases, the Commandant may approve such an arrangement.

(b) There shall be no direct communication, except through solid,

close fitted doors or hatches between crew spaces and chain lockers, or

machinery spaces.

Sec. 72.20-15 Construction.

All crew spaces are to be constructed in a manner suitable to the

purpose for which they are intended. The accommodations provided for

officers and crew on all vessels shall be securely constructed,

properly lighted, heated, drained, ventilated, equipped, located,

arranged, and, where practicable, shall be insulated from undue noise,

heat and effluvia.

Sec. 72.20-20 Sleeping accommodations.

(a) Where practicable, each licensed officer shall be provided with

a separate stateroom.

(b) Sleeping accommodations for the crew shall be divided into

rooms, no one of which shall berth more than four persons.

(c) Each room shall be of such size that there is at least 2.78 m

\2\ (30 ft \3\) of deck area and a volume of at least 5.8 m \3\ (210 ft

\2\) for each person accommodated. The clear head room shall be not

less than 190 cm (75 in). In measuring sleeping accommodations any

furnishings contained therein for the use of the occupants are not to

be deducted from the total volume or from the deck area.

(d) Each person shall have a separate berth and not more than one

berth shall be placed above another. The berth shall be composed of

materials not likely to corrode. The overall size of a berth shall not

be less than 68 cm (27 in) wide by 190 cm (75 in) long, except by

special permission of the Commandant. Where two tiers of berths are

fitted, the bottom of the lower berth must not be less than 30 cm (12

in) above the deck. The berths shall not be obstructed by pipes,

ventilating ducts, or other installations.

(e) A locker shall be provided for each person accommodated in a

room.

Sec. 72.20-25 Washrooms and toilet rooms.

(a) There shall be provided at least one toilet, one washbasin, and

one shower or bathtub for each eight members or portion thereof in the

crew to be accommodated. The crew to be accommodated shall include all

members who do not occupy rooms to which private or semi-private

facilities are attached.

(b) The toilet rooms and washrooms shall be located convenient to

the sleeping quarters of the crew to which they are allotted but shall

not open directly into such quarters except when they are provided as

private or semi-private facilities.

(c) All washbasins, showers, and bathtubs shall be equipped with

proper plumbing, including hot and cold running water. All toilets

shall be installed with proper plumbing for flushing. Where more than

one toilet is located in a space or compartment, each toilet shall be

separated by partitions.

Sec. 72.20-30 Messrooms.

Messrooms shall be located as near to the galley as is practicable

except where the messroom is equipped with a steam table. The messroom

shall be of such size as to seat the number of persons normally

scheduled to be eating at one time.

Sec. 72.20-35 Hospital space.

(a) Each vessel which in the ordinary course of its trade makes

voyages of more than 3 days duration between ports and which carries a

crew of twelve or more, shall be provided with a hospital space. This

space shall be situated with due regard to the comfort of the sick so

that they may receive proper attention in all weathers.

(b) The hospital shall be suitably separated from other spaces and

shall be used for the care of the sick and for no other purpose.

(c) The hospital shall be fitted with berths in the ratio of one

berth to every twelve members of the crew or portion thereof who are

not berthed in single occupancy rooms, but the number of berths need

not exceed six.

(d) The hospital shall have a toilet, washbasin, and bath tub or

shower conveniently situated. Other necessary suitable equipment of

such character as clothes locker, table, seat, etc., shall be provided.

(a) Sufficient facilities shall be provided where the crew may wash

and dry their own clothes. There shall be at least one sink supplied

with hot and cold fresh water.

(b) Recreation accommodations shall be provided.

(c) A space or spaces of adequate size shall be available on an

open deck to which the crew has access when off duty.

Sec. 72.20-45 Lighting.

Berth lights shall be provided for each member of the crew.

Sec. 72.20-50 Heating.

(a) All crew spaces shall be adequately heated in a manner suitable

to the purpose of the space.

(b) Radiators and other heating apparatus shall be so placed, and

where necessary shielded, as to avoid risk of fire, danger or

discomfort to the occupants. Pipes leading to radiators or heating

apparatus shall be lagged where those pipes create a hazard to persons

occupying the space.

Sec. 72.20-55 Insect screens.

Provisions shall be made to protect the crew quarters against the

admission of insects.

Sec. 72.20-90 Vessels contracted for prior to November 19, 1952.

(a) Vessels of 100 gross tons and over, contracted for prior to

March 4, 1915, shall meet the requirements of this paragraph.

(1) Existing structure, arrangements, materials, and facilities,

previously approved will be considered satisfactory so long as they are

maintained in a suitable condition to the satisfaction of the Officer

in Charge, Marine Inspection. Minor repairs and alterations may be made

to the same standard as the original construction provided that in no

case will a greater departure from the standards of Secs. 72.20-5

through 72.20-55 be permitted than presently exists.

(b) Vessels of 100 gross tons and over, contracted for on or after

March 4, 1915, but prior to January 1, 1941, shall meet the

requirements of this paragraph.

(1) Existing structure, arrangements, materials, and facilities,

previously accepted or approved will be considered satisfactory so long

as they are maintained in a suitable condition to the satisfaction of

the Officer in Charge, Marine Inspection. Minor repairs and alterations

may be made to the same standard as the original construction.

(2) Where reasonable and practicable, a minimum of 1 toilet,

shower, and washbasin shall be provided for each 10 members of the crew

or fraction thereof.

(3) Crew spaces shall have a volume of at least 3.4 m\3\ (120

ft\2\) and a deck

[[Page 66002]]

area of at least 1.5 m\2\ (16 ft\3\) for each person accommodated.

(4) Each crewmember shall have a separate berth, and berths may not

be placed more than two high.

(5) Each vessel, which in the ordinary course of its trade makes a

voyage of more than 3 days duration between ports and which carries a

crew of twelve or more persons, shall be provided with a suitable

hospital space for the exclusive use of the sick or injured. Berths

shall be provided in the ratio of 1 berth for each twelve members of

the crew or fraction thereof, but the number of berths need not exceed

6.

(6) The crew spaces shall be securely constructed, properly

lighted, heated, drained, ventilated, equipped, located, and arranged,

and where practicable shall be insulated from undue noise and odors.

(d) Vessels of 100 gross tons and over, contracted for on or after

January 1, 1941, but prior to November 19, 1952, shall meet the

requirements of this paragraph.

(1) Existing structure, arrangements, materials, and facilities,

previously accepted or approved will be considered satisfactory so long

as they are maintained in a suitable condition to the satisfaction of

the Officer in Charge, Marine Inspection. Minor repairs and alterations

may be made to the same standard as the original construction.

(2) There shall be a minimum of one toilet, shower, and washbasin

for each eight members of the crew or fraction thereof who are not

accommodated in rooms having attached private or semi-private

facilities. Washbasins, showers, and bathtubs if substituted for

showers, shall be equipped with proper plumbing, including hot and cold

running water.

(3) Crew spaces shall have a volume of at least 3.4 m\3\ (120

ft\2\) and a deck area of at least 1.5 m\2\ (16 ft\3\) for each person

accommodated.

(4) Each crewmember shall have a separate berth, and berths may not

be placed more than two high.

(5) Each vessel, which in the ordinary course of its trade makes a

voyage of more than 3 days duration between ports and which carries a

crew of twelve or more persons, shall be provided with a suitable

hospital space for the exclusive use of the sick or injured. Berths

shall be provided in the ratio of 1 berth for each twelve members of

the crew or fraction thereof, but the number of berths need not exceed

6.

(6) The crew spaces shall be securely constructed, properly

lighted, heated, drained, ventilated, equipped, located, and arranged,

and where practicable shall be insulated from undue noise and odors.

PART 76--FIRE PROTECTION EQUIPMENT

52. The authority citation for Part 76 continues to read as

follows:

Authority: 46 U.S.C. 3306, E.O. 12243, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

53. Section 76.05-20 is revised to read as follows:

Sec. 76.05-20 Fixed fire extinguishing systems.

Approved fire extinguishing systems shall be installed, as required

by Table 76.05-1(a) on all self-propelled vessels and on all barges

with sleeping accommodations for more than six persons.

Sec. 76.05-30 [Removed]

54. Section 76.05-30 is removed.

55. In Sec. 76.10-10, paragraphs (j-1) and (j-2) are removed,

paragraph (k) and (l) is redesignated as paragraphs (m) and (n),

paragraph (j) is revised and new paragraphs (k) and (l) are added to

read as follows:

Sec. 76.10-10 Fire hydrants and hose.

* * * * *

(j) Each fire hose on each hydrant must have a combination solid

stream and water spray fire hose nozzle that meets the requirements in

Subpart 162.027 of this chapter. Fire hose nozzles previously approved

under Subpart 162.027 of this chapter may be retained so long as they

are maintained in good condition to the satisfaction of the Officer in

Charge, Marine Inspection.

(k) Fire hose nozzles previously approved under Subpart 162.027 of

this chapter in the following locations must have low-velocity water

spray applicators also previously approved under Subpart 162.027 of

this chapter.

(1) In accommodation and service areas, two fire hoses.

(2) In each propulsion machinery space containing an oil-fired

boiler, internal combustion machinery, or oil fuel unit on a vessel on

an international voyage or of 1000 gross tons or more, each fire hose.

The length of each applicator must be not more than 1.8 m (6 feet).

(1) Fixed brackets, hooks, or other means for stowing an applicator

must be next to each fire hydrant that has an applicator under

paragraph (k) of this section.

* * * * *

56. In Sec. 76.10-90, paragraph (a)(7) is removed and paragraph

(a)(6) is revised to read as follows:

Sec. 76.10-90 Installations contracted for prior to May 26, 1965.

(a) * * *

(6) Firehose nozzles and low velocity spray applicators must meet

the requirements of Secs. 76.10-10(j), 76.10-10(k) and 76.10-10(l).

57. Subpart 76.13 is revised to read as follows:

Subpart 76.13--System Smothering Systems

Sec. 76.13-1 Application.

Steam smothering systems are not permitted on vessels contracted

for on or after January 1, 1962. Previously approved installations may

be retained as long as they are maintained in good condition to the

satisfaction of the Officer in Charge, Marine Inspection.

PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

58. The authority citation for Part 77 continues to read as

follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

59. Section 77.27-1 is revised to read as follows:

Sec. 77.27-1 When required.

All mechanically propelled vessels of 500 gross tons and over in

ocean or coastwise service, and all mechanically propelled vessels of

500 gross tons and over in Great Lakes service certificated for service

on the River St. Lawrence eastward of the lower exit of the St. Lambert

Lock at Montreal, Canada, shall be fitted with an efficient electronic

deep-sea sounding apparatus.

PART 78--OPERATIONS

60. The authority citation for Part 78 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49

U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR

1.46.

Subpart 78.03--[Removed]

61. Subpart 78.03 is removed.

Subpart 78.20--[Removed]

62. Subpart 78.20 is removed.

63. In Sec. 78.21-1, paragraphs (a), (b), (c) and (d) are removed,

paragraphs, (e) and (f) are redesignated as paragraphs (b) and (c),

respectively, and a new paragraph (a) is added to read as follows:

[[Page 66003]]

Sec. 78.21-1 Data required.

(a) The information on the maneuvering characteristics fact sheet

required by 33 CFR 164.35(g) must be:

(1) Verified six months after the vessel is placed into service; or

(2) Modified six months after the vessel is placed into service and

verified within three months thereafter.

* * * * *

Subpart 78.25--[Removed]

64. Subpart 78.25 is removed.

65. Subpart 78.35 is revised to read as follows:

Subpart 78.35--Communication between deckhouses

Sec. 78.35-1 When required.

On all vessels navigating in other than protected waters, where the

distance between deckhouses is more than 46 m (150 ft) a fixed means of

facilitating communication between both ends of the vessel, such as a

raised fore and aft bridge or side tunnels, shall be provided.

Previously approved arrangements may be retained so long as they are

maintained in satisfactory condition to the satisfaction of the Officer

in Charge, Marine Inspection.

66. Section 78.37-3 is revised to read as follows:

Sec. 78.37-3 Logbooks and records.

(a) The master or person in charge of a vessel that is required by

46 U.S.C. 11301 to have an official logbook shall maintain the logbook

on Form CG-706. When the voyage is completed, the master or person in

charge shall file the logbook with the Officer in Charge, Marine

Inspection.

(b) The master or person in charge of a vessel that is not required

by 46 U.S.C. 11301 to have an official logbook, shall maintain, on

board, an unofficial logbook or record in any form desired for the

purposes of making entries therein as required by law or regulations in

this subchapter. Such logs or records are not filed with the Officer in

Charge, Marine Inspection, but shall be kept available for review by a

marine inspector for a period of one year after the date to which the

records refer. Separate records of tests and inspections of

firefighting equipment shall be maintained with the vessel's logs for

the period of validity of the vessel's certificate of inspection.

Sec. 78.47-67 [Removed]

67. Section 78.47-67 is removed.

68. Subpart 78.53 is revised to read as follows:

Subpart 78.53--Placard of Lifesaving Signals

Sec.

78.53-1 Application.

78.53-5 Availability.

Sec. 78.53-1 Application.

The provisions of this subpart shall to all vessels on an

international voyage, and all other vessels of 150 gross tons or over

in ocean, coastwise or Great Lakes service.

Sec. 78.53-5 Availability.

On all vessels to which this subpart applies there shall be readily

available to the deck officer of the watch a placard containing

instructions for the use of the lifesaving signals set forth in

Regulation 16, Chapter V, of the International Convention for Safety of

Life at Sea, 1974. These signals shall be used by vessels or persons in

distress when communicating with lifesaving stations and maritime

rescue units.

69. Section 78.57-1 is revised to read as follows:

Sec. 78.57-1 All personnel must comply.

All licensed masters, officers, and certificated seamen on United

States vessels shall comply strictly with routing instructions issued

by competent naval authority.

Subpart 78.75--[Removed]

70. Subpart 78.75 is removed.

Subpart 78.80--[Removed]

71. Subpart 78.80 is removed.

Subpart 78.85--[Removed]

72. Subpart 78.85 is removed.

PART 92--CONSTRUCTION AND ARRANGEMENT

73. The authority citation for Part 92 continues to read as

follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

Sec. 92.01-13 [Removed]

74. Section 92.01-13 is removed.

75. Subpart 92.20 is revised to read as follows:

Subpart 92.20--Accommodations for Officers and Crew

Sec.

92.20-1 Application.

92.20-5 Intent.

92.20-10 Location of crew spaces.

92.20-15 Construction.

92.20-20 Sleeping accommodations.

92.20-25 Washrooms and toilet rooms.

92.20-30 Messrooms.

92.30-35 Hospital space.

92.20-40 Other spaces.

92.20-45 Lighting.

92.20-50 Heating.

92.20-55 Insect screens.

92.20-90 Vessels contracted for prior to November 19, 1952.

Sec. 92.20-1 Application.

(a) The provisions of this subpart, with the exception of Sec.

92.20.90, shall apply to all vessels of 100 gross tons and over

contracted for on or after November 19, 1952. Vessels of 100 gross tons

and over contracted for prior to November 19, 1952 shall meet the

requirements of Sec. 92.20-90.

(b) Vessels of less than 100 gross tons shall meet the applicable

requirements of this subpart insofar as is reasonable and practicable.

Sec. 92.20-5 Intent.

It is the intent of this subpart that the accommodations provided

for officers and crew on all vessels shall be securely constructed,

properly lighted, heated, drained, ventilated, equipped, located,

arranged, and, where practicable, shall be insulated from undue noise,

heat and odors.

Sec. 92.20-10 Location of crew spaces.

(a) Crew spaces shall be located, where practicable, so that the

maximum amount of fresh air and light are obtainable.

(b) Crew quarters shall not be located farther forward in a vessel

than a vertical plane located at 5 percent of the vessel's length abaft

the forward side of the stem at the designed summer load waterline.

However, for vessels in other than ocean services, this distance need

not exceed 8.5 m (28 ft). For the purpose of this paragraph, the length

shall be as defined in Sec. 42.13-15 of Subchapter E (Load Lines) of

this chapter.

There shall be no direct communication, except through solid, close

fitted doors or hatches between crew spaces and chain lockers, cargo,

or machinery spaces.

(d) There shall be no access, vents, or sounding tubes from fuel or

cargo oil tanks opening into crew spaces, except that sounding tubes

and access openings may be located in corridors.

Sec. 92.20-15 Construction.

All crew spaces are to be constructed in a manner suitable to the

purpose for which they are intended. The accommodations provided for

officers and crew on all vessels shall be securely constructed,

properly lighted, heated, drained, ventilated, equipped, located,

arranged, and, where practicable, shall be insulated from undue noise,

heat and odors.

[[Page 66004]]

Sec. 92.20-20 Sleeping accommodations.

(a) Each department head and watchstanding officer shall have a

separate stateroom.

(b) Sleeping accommodations for the crew shall be divided into

rooms, no one of which shall berth more than four persons.

(c) Each room shall be of such size that there is at least 2.78

m\2\ (30 ft\3\) of deck area and a volume of at least 5.8 m\3\ (210

ft\2\) for each person accommodated. The clear headroom shall be not

less than 190 cm (75 in). In measuring sleeping quarters allocated to

crews of vessels, any furnishings contained therein for the use of the

occupants are not to be deducted from the total volume or deck area.

(d) Each person shall have a separate berth and not more than one

berth shall be placed above another. The berths shall be composed of a

material not likely to corrode. The overall size of a berth shall not

be less than 68 cm (27 in) wide by 190 cm (75 in) long. Where two tiers

of berths are fitted, the bottom of the lower berth must not be less

than 30 cm (12 in) above the deck. The berths shall not be obstructed

by pipes, ventilating ducts, or other installations.

(e) A locker provided for each person accommodated in a room.

Sec. 92.20-25 Washrooms and toilet rooms.

(a) There shall be provided at least one toilet, one washbasin, and

one shower or bathtub for each eight members or portion thereof in the

crew to be accommodated. The crew to be accommodated shall include all

members who do not occupy rooms to which private or semiprivate

facilities are attached.

(b) The toilet rooms and washrooms shall be located convenient to

the sleeping quarters of the crew to which they are allotted but shall

not open directly into such quarters except when they are provided as

private or semiprivate facilities.

(c) All washbasins, showers, and bathtubs shall be equipped with

proper plumbing, including hot and cold running water. All toilets

shall be installed with proper plumbing for flushing.

(d) At least one washbasin shall be fitted in each toilet room,

except where private or semi-private facilities are provided and

washbasins are installed in the sleeping rooms.

(e) When more than one toilet is located in a space, each toilet

shall be separated by partitions.

Sec. 92.20-30 Messrooms.

Messrooms shall be located as near to the galley as practicable.

The messrooms shall be of such size as to seat the number of persons

normally scheduled to be eating at one time.

Sec. 92.20-35 Hospital space.

(a) Except as specifically modified by paragraph (f) of this

section, each vessel which in the ordinary course of its trade makes

voyages of more than 3 days duration between ports and which carries a

crew of twelve or more, shall be provided with a hospital space. This

space shall be situated with due regard to the comfort of the sick so

that they may receive proper attention in all weathers.

(b) The hospital shall be suitably separated from other spaces and

shall be used for the care of the sick and for no other purpose.

(c) The hospital shall be fitted with berths in the ratio of one

berth to every twelve members of the crew or portion thereof who are

not berthed in single occupancy rooms, but the number of berths need

not exceed six.

(e) The hospital shall have a toilet, washbasin, and bath tub or

shower conveniently situated. Other necessary suitable equipment of

such character as clothes locker, table, seat, etc., shall be provided.

(f) On vessels in which the crew is berthed in single occupancy

rooms a hospital space will not be required, provided, that one room

shall be designated and fitted for use as a treatment and isolation

room. Such room shall meet the following standards:

(1) The room must be available for immediate medical use; and,

(2) A washbasin with hot and cold running water must be installed

either in or immediately adjacent to the space and other required

sanitary facilities must be conveniently located.

Sec. 92.20-40 Other spaces.

(a) Sufficient facilities shall be provided where the crew may wash

and dry their own clothes. There shall be at least one sink supplied

with hot and cold fresh water.

(b) Recreation accommodations shall be provided.

Sec. 92.20-45 Lighting.

Berth lights shall be provided for each member of the crew.

Sec. 92.20-50 Heating.

(a) All crew spaces shall be adequately heated in a manner suitable

to the purpose of the space.

(b) Radiators and other heating apparatus shall be so placed, and

where necessary shielded, as to avoid risk of fire, danger or

discomfort to the occupants. Pipes leading to radiators or heating

apparatus shall be lagged where those pipes create a hazard to persons

occupying the space.

Sec. 92.20-55 Insect screens.

Provisions shall be made to protect the crew quarters against the

admission of insects.

Sec. 92.20-90 Vessels contracted for prior to November 19, 1952.

(a) Vessels of less than 100 gross tons, contracted for prior to

November 19, 1952 shall meet the general intent of Sec. 92.20-5 and in

addition shall meet the following requirements:

(1) Existing structure, arrangements, materials, and facilities,

previously accepted or approved will be considered satisfactory so long

as they are maintained in a suitable condition to the satisfaction of

the Officer in Charge, Marine Inspection. Minor repairs and

alternations may be made to the same standard as the original

construction.

(b) Vessels of 100 gross tons and over, contracted for prior to

March 4, 1915, shall meet the requirements of this paragraph.

(1) Existing structure, arrangements, materials, and facilities,

previously approved will be considered satisfactory so long as they are

maintained in good condition to the satisfaction of the Officer in

Charge, Marine Inspection. Minor repairs and alterations may be made to

the same standard as the original construction: Provided, That in no

case will a greater departure from the standards of 92.20-5 through

92.20-55 be permitted than presently exists.

(c) Vessels of 100 gross tons and over, contracted for on or after

March 4, 1915, but prior to January 1, 1941, shall meet the

requirements of this paragraph.

(1) Existing structure, arrangements, materials, and facilities,

previously approved will be considered satisfactory so long as they are

maintained in a suitable condition to the satisfaction of the Officer

in Charge, Marine Inspection. Minor repairs and alternations may be

made to the same standard as the original construction.

(2) Each vessel, which in the ordinary course of its trade makes a

voyage of more than three days duration between ports and which carries

a crew of 12 or more persons, shall be provided with a suitable

hospital space for the exclusive use of the sick or injured.

(3) The crew spaces shall be securely constructed, properly

lighted, heated, drained, ventilated, equipped, located, and arranged,

and where practicable, shall be insulated from undue noise and odors.

(d) Vessels of 100 gross tons and over, contracted for on or after

January 1,

[[Page 66005]]

1941, but prior to November 19, 1952, shall meet the requirements of

this paragraph.

Existing structure, arrangements, materials, and facilities,

previously approved will be considered satisfactory so long as they are

maintained in a suitable condition to the satisfaction of the Officer

in Charge, Marine Inspection. Minor repairs and alternations may be

made to the same standard as the original construction.

(2) Washbasins, showers, and bath tubs if substituted for showers,

shall be equipped with proper plumbing including hot and cold running

water.

(3) Each crewmember shall have a separate berth, and berths may not

be placed more than two high.

(4) Each vessel, which in the ordinary course of its trade makes a

voyage of more than three days duration between ports and which carries

a crew of twelve or more persons, shall be provided with a suitable

hospital space for the exclusive use of the sick or injured. Berths

shall be provided in the ratio of one berth for each twelve members of

the crew or fraction thereof, but the number of berths need not exceed

six.

(5) The crew spaces shall be securely constructed, properly

lighted, heated, drained, ventilated, equipped, located and arranged,

and where practicable, shall be insulated from undue noise and odors.

PART 95--FIRE PROTECTION EQUIPMENT

76. The authority citation for Part 95 continues to read as

follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

77. In Sec. 95.05-10, paragraph (g) is removed and paragraphs (b)

and (c) are revised to read as follows:

Sec. 95.05-10 Fixed fire extinguishing systems.

* * * * *

(b) A fixed carbon dioxide or other approved system shall be

installed in all cargo compartments and tanks for combustible cargo,

except that vessels engaged exclusively in the carriage of coal or

grain in bulk need not be fitted with such system. For cargo

compartments and tanks fitted with a fixed carbon dioxide or other

approved system a deck foam system is not required. In lieu of the

carbon dioxide system or other approved system, the following systems

may be used or required in special cases:

(1) A fixed foam system may be used in cargo tanks.

(2) In cases where a cargo is normally accessible and is considered

to be a part of the working or living quarters, a water sprinkling

system may be required, and the details of such system will be subject

to special approval.

(3) Spaces ``specially suitable for vehicles'' shall be fitted with

an approved carbon dioxide system. Alternately, the Commandant may

permit the installation of an approved water sprinkler system or other

suitable system.

(c) On vessels other than motorboats, a fixed carbon dioxide or

other approved system shall be installed in all lamp and paint lockers,

oil rooms, and similar spaces.

* * * * *

Sec. 95.05-20 [Removed]

78. Section 95.05-20 is removed.

79. In Sec. 95.10-10, paragraphs (i), (i-1), (i-2) and (1) are

removed, paragraphs (j) and (k) are redesignated as paragraphs (l) and

(m), respectively, and new paragraphs (i), (j), (k), (n), (n)(1),

(n)(2) an (n)(3) are added to read as follows:

Sec. 95.10-10 Fire hydrants and hose.

* * * * * * *

(i) Except as allowed in this paragraph, each fire hose on each

hydrant must have a combination solid stream and water spray fire hose

nozzle approved under Subpart 162.027 of this chapter. Fire hose

nozzles previously approved under Subpart 162.027 of this chapter may

be retained so long as they are maintained in good condition to the

satisfaction of the Officer in Charge, Marine Inspection.

(j) In each propulsion machinery space containing an oil fired

boiler, internal combustion machinery, or oil fuel unit on a vessel on

an international voyage or of 1,000 gross tons or more, each fire hose

having a combination nozzle previously approved under Subpart 162.027

of this chapter must have a low-velocity water spray applicator that is

also previously approved under Subpart 162.027 of this chapter. The

length of the applicator must be less than 1.8 m (6 feet).

(k) Fixed brackets, hooks, or other means for stowing an applicator

must be next to each fire hydrant that has an applicator under

paragraph (j) of this section.

* * * * *

(n) Fire hose and couplings shall be as follows:

(1) Couplings shall be of brass, bronze, or other equivalent metal.

National Standard fire hose coupling threads shall be used for the 38

mm (1\1/2\ inch) and 64 mm (2\1/2\ inch) sizes.

(2) Where 19 mm (\3/4\ inch) hose is permitted by Table 95.10-5(a),

the hose and couplings shall be of good commercial grade.

(3) Each section of fire hose must be lined commercial fire hose

that conforms to Underwriters' Laboratories, Inc. Standard 19 or

Federal Specification--H-451E. Hose that bears the label of

Underwriters' Laboratories, Inc. as lined fire hose is accepted as

conforming to this requirement.

* * * * *

80. In Sec. 95.10-90, paragraph (a)(6) is removed and paragraph

(a)(5) is revised to read as follows:

Sec. 95.10-90 Installations contracted for prior to May 26, 1965.

(a) * * *

(5) Firehose nozzles and low velocity spray applicators must meet

the requirements of 95.10-10(i), 95.10-10(j) and 95.10-10(k).

81. Subpart 95.13 is revised to read as follows:

Subpart 95.13--Steam Smothering Systems

Sec. 95.13-1 Application.

Steam smothering systems are not permitted on vessels contracted

for on or after January 1, 1962. Previously approved installations may

be retained as long as they are maintained in good condition to the

satisfaction of the Officer in Charge, Marine Inspection.

PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

82. The authority citation for Part 96 continues to read as

follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

83. Section 96.27-1 is revised to read as follows:

Sec. 96.27-1 When required.

All mechanically propelled vessels of 500 gross tons and over in

ocean or coastwise service and all mechanically propelled vessels of

500 gross tons and over in Great Lakes service and certificated for

service on the River St. Lawrence eastward of the lower exit of the St.

Lambert Lock at Montreal, Canada, shall be fitted with an efficient

electronic sounding apparatus.

PART 97--OPERATIONS

84. The authority citation for Part 97 is revised to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49

U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR

1.46.

[[Page 66006]]

Subpart 97.03--[Removed]

85. Subpart 97.03 is removed.

Subpart 97.17--[Removed]

86. Subpart 97.17 is removed.

87. In Sec. 97.19-1, paragraphs (a), (b) and (c) are removed,

paragraphs (d), (e) and (f) are redesignated as paragraphs (a), (b) and

(c), respectively, and the new paragraph (a) is revised to read as

follows:

Sec. 97.19-1 Data required.

* * * * *

(a) The information on the maneuvering characteristics fact sheet

required by 33 CFR 164.35(g) must be:

* * * * *

Subpart 97.23--[Removed]

88. Subpart 97.23 is removed.

89. Subpart 97.33 is revised to read as follows:

Subpart 97.33--Communication Between Deckhouses

Sec. 97.33-1 When required.

On all vessels navigating in other than protected waters, where the

distance between deckhouses is more than 46 m (150 ft) a fixed means of

facilitating communication between both ends of the vessel, such as a

raised fore and aft bridge or side tunnels, shall be provided.

Previously approved arrangements may be retained so long as they are

maintained in satisfactory condition to the satisfaction of the Officer

in Charge, Marine Inspection.

90. Section 97.35-3 is revised to read as follows:

Sec. 97.35-3 Logbooks and records.

(a) The master or person in charge of a vessel that is required by

46 U.S.C. 11301 to have an official logbook shall maintain the logbook

on Form CG-706. When a voyage is completed, or after a specified period

of time, the master or person in charge shall file the logbook with the

Officer in Charge, Marine Inspection.

(b) The master or person in charge of a vessel that is not required

by 46 U.S.C. 11301 to have an official logbook, shall maintain, on

board, an unofficial logbook or record in any form desired for the

purposes of making entries therein as required by law or regulations in

this subchapter. Such logs or records are not filed with the Officer in

Charge, Marine Inspection, but shall be kept available for review by a

marine inspector for a period of one year after the date to which the

records refer. Separate records of tests and inspections of

firefighting equipment shall be maintained with the vessel's logs for

the period of validity of the vessel's certificate of inspection.

Sec. 97.35-10 [Removed]

91. Section 97.35-10 is removed.

Sec. 97.37-45 [Removed]

92. Section 97.37-45 is removed.

93. Subpart 97.43 is revised to read as follows:

Subpart 97.43--Placard of Lifesaving Signals

Sec.

97.43-1 Application.

97.43-5 Availability.

Sec. 97.43-1 Application.

The provisions of this subpart shall apply to all vessels on an

international voyage, and all other vessels of 150 gross tons or over

in ocean, coastwise or Great Lakes service.

Sec. 97.43-5 Availability.

On all vessels to which this subpart applies there shall be readily

available to the deck officer of the watch a placard containing

instructions for the use of the lifesaving signals set forth in

Regulation 16, Chapter V, of the International Convention for Safety of

Life at Sea, 1974. These signals shall be used by vessels or persons in

distress when communicating with lifesaving stations and maritime

rescue units.

94. Section 97.47-1 is revised to read as follows:

Sec. 97.47-1 All persons must comply.

All licensed masters, officers, and certificated seamen on United

States vessels must comply strictly with routing instructions issued by

competent naval authority.

Subpart 97.60--[Removed]

95. Subpart 97.60 is removed.

Subpart 97.70--[Removed]

96. Subpart 97.70 is removed.

Subpart 97.75--[Removed]

97. Subpart 97.75 is removed.

PART 108--DESIGN AND EQUIPMENT

98. The authority citation for Part 108 is revised to read as

follows:

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

Sec. 108.403 [Amended]

99. In Sec. 108.403, the words ``, water spray,'' are removed from

paragraph (b).

100. In Sec. 108.425, paragraph (c) and the introductory text of

paragraph (d) are revised to read as follows:

Sec. 108.425 Fire hoses and associated equipment.

* * * * *

(c) Each nozzle for a fire hose in a fire main system must be a

combination solid stream and water spray fire hose nozzle that is

approved under Subpart 162.027. Combination solid stream and water

spray nozzles previously approved under Subpart 162.027 of this chapter

may be retained so long as they are maintained in good condition to the

satisfaction of the Officer in Charge, Marine Inspection.

(d) A combination solid stream and water spray fire hose nozzle

previously approved under Subpart 162.027 of this chapter installed in

the following locations must have a low-velocity spray applicator also

previously approved under Subpart 162.027 of this chapter----

* * * * *

Sec. 108.613 [Removed]

101. Section 108.613 is removed.

PART 109--OPERATIONS

102. The authority citation for Part 109 is revised to read as

follows:

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

1.46.

Sec. 109.583 [Removed]

103. Section 109.583 is removed.

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

GAS HAZARDOUS MATERIALS

104. The authority citation for Part 153 continues to read as

follows:

Authority: 46 U.S.C. 3703; 49 CFR 1.46. Section 153.40 issued

under 49 U.S.C. 1804. Sections 153.470 through 153.491, 153.1100

through 153.1132, and 153.1600 through 153.1608 also issued under 33

U.S.C. 1903(b).

105. In Sec. 153.9, paragraph (a) introductory text is revised to

read as follows:

Sec. 153.9 Foreign flag vessel endorsement application.

(a) Application for a vessel whose flag administration is signatory

to MARPOL 73/78 and issues IMO Certificates. A person who desires a

Certificate of Compliance endorsed to carry a cargo in Table 1 of this

part, as described in 153.900, must request the endorsement from the

cognizant Officer in Charge, Marine Inspection and have aboard the

vessel copies of IMO Certificates issued by the vessel's administration

and the following:

* * * * *

[[Page 66007]]

Sec. 153.16 [Amended]

106. In Sec. 153.16, the introductory text is amended by replacing

``Certificate of Compliance endorsed with the name of a cargo,'' with

``Certificate of Compliance endorsed to carry a cargo.''

Sec. 153.808 [Amended]

107. Section 153.808 is amended by replacing ``Certificate of

Compliance endorsed with the name of a cargo,'' with ``Certificate of

Compliance endorsed to carry a cargo''.

108. Section 153.809 is revised to read as follows:

Sec. 153.809 Procedures for having the Coast Guard examine a vessel

for a Certificate of Compliance.

The owner of a foreign flag vessel wishing to have the Coast Guard

conduct a Certificate of Compliance examination, as required by

Sec. 153.808, must proceed as follows:

(a) Notify the Officer in Charge, Marine Inspection, for the port

where the vessel is to be inspected at least seven days before the

vessel arrives and arrange the exact time and other details of the

examination. This notification is in addition to any other pre-arrival

notice to the Coast Guard required by other regulations, but may be

concurrent with the endorsement application in 153.9, and must include:

(1) The name of the vessel's first U.S. port of call;

(2) The date the vessel is scheduled to arrive;

(3) The name and telephone number of the owner's local agent; and

(4) The names of all cargoes listed in Table 1 of this part that

are on board the vessel.

(b) Make certain that the following plans are on board the vessel

and available to the Marine Inspector before the examination required

by 153.808 is begun:

(1) A general arrangement (including the location of fire fighting,

safety and lifesaving gear);

(2) A capacity plan;

(3) A schematic diagram of cargo piping on deck and in tanks

(including the location of all valves and pumps); and

(4) A schematic diagram of cargo tank vent piping (including the

location of relief valves and flame screens).

109. In Sec. 153.902, paragraph (b) and (c) are revised to read as

follows:

Sec. 153.902 Expiration and invalidation of the Certificate of

Compliance.

* * * * *

(b) The endorsement of a Certificate of Compliance under this part

is invalid if the ship does not have a valid IMO Certificate of

Fitness.

(c) The endorsement on a Certificate of Compliance invalidated

under paragraph (b) of this section, becomes valid once again when the

ship has the IMO Certificate of Fitness revalidated or reissued.

PART 160--LIFESAVING EQUIPMENT

110. The authority citation for Part 160 continues to read as

follows:

Authority: 46 U.S.C. 2103, 3306, 3703, and 4302; E.O. 12234, 45

FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

Subpart 160.018--[Removed]

111. Subpart 160.018 is removed.

Subpart 160.034--[Removed]

112. Subpart 160.034 is removed.

PART 162--ENGINEERING EQUIPMENT

113. The authority citation for Part 162 continues to read as

follows:

Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104,

4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.

11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.46.

114. Subpart 162.027 is revised to read as follows:

Subpart 162.027--Combination Solid Stream and Water Spray Fire Hose

nozzle

Sec.

162.027-1 Incorporation by reference.

162.027-2 Design, construction, testing and marking requirements.

167.027-3 Approval procedures.

Sec. 162.027-1 Incorporation by reference.

(a) Certain material is incorporated by reference into this part

with the approval of the Director of the Federal Register in accordance

with 5 U.S.C. 552(a). To enforce any edition other than that specified

in paragraph (b) of this section, the Coast Guard must publish notice

of change in the Federal Register and make the material available to

the public. All approved material is on file at the Office of the

Federal Register, 800 North Capitol Street, NW., Suite 700, Washington,

DC, and at the U.S. Coast Guard, Design and Engineering Standards

Division (G-MMS), 2100 Second Street and is available from the sources

indicated in paragraph (b) of this section.

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

part and the sections affected are:

American Society for Testing and Materials, 1916 Race Street,

Philadelphia, PA 19103

ASTM F 1546-94, Standard Specification for Fire Hose nozzles, 1994--

162.027-2, 162.027-3

Sec. 162.027-2 Design, construction, testing and marking requirements.

Each combination solid stream and water spray nozzle shall meet the

requirements of ASTM F 1546-94.

Sec. 162.027-3 Approval procedures.

(a) All inspections and tests required by ASTM F 1546-94 shall be

performed by an independent laboratory accepted by the Coast Guard

under subpart 159.010 of this chapter. A list of independent

laboratories accepted by the Coast Guard as meeting subpart 159.010 of

this chapter may be obtained by contacting the Commandant (G-MMS).

(b) Upon completion of the testing required by ASTM F 1546-94, the

independent laboratory shall prepare a report on the results of the

testing and shall furnish the manufacturer with a copy of the test

report.

PART 164--MATERIALS

115. The authority citation for part 164 is revised to read as

follows:

Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,

3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

Subpart 164.016--[Removed]

116. Subpart 164.016 is removed.

PART 167--PUBLIC NAUTICAL SCHOOL SHIPS

117. The authority citation for part 167 continues to read as

follows:

Authority: 46 U.S.C. 3306, 6101, 8105; E.O. 12234, 45 FR 58801,

3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

Sec. 167.40-20 [Amended]

118. In Sec. 167.40-20, the words ``in addition to the ordinary

deep-sea hand lead'' are removed.

Sec. 167.40-35 [Removed]

119. Section 167.40-35 is removed.

120. In Sec. 167.45-40, paragraphs (c-1) and (c-2) are removed and

paragraphs (a), (b) and (c) are revised to read as follows:

Sec. 167.45-40 Fire fighting equipment on nautical schoolships using

oil as fuel.

* * * * *

(a) In each boiler room and in each of the machinery spaces of a

nautical school ship propelled by steam, in which a part of the fuel-

oil installation is situated, two or more approved fire extinguishers

of the foam type of not less than 9.5 L (2\1/2\ gallons) each or two or

more approved fire extinguishers of the carbon dioxide type of not less

than 33 kg (15 pounds) each shall be placed where accessible and ready

for

[[Page 66008]]

immediate use: Provided, That on a nautical school ship of 1,000 gross

tons and under only one of the fire extinguishers may be required.

(b) In boiler and machinery spaces, at least two fire hydrants must

have a fire hose of a length that allows each part of the boiler and

machinery spaces to be reached by the combination nozzle.

(c) Each fire hose under paragraph (b) of this section must have a

combination solid stream and water spray nozzle that meets subpart

162.027 of this chapter. A combination nozzle and a low-velocity spray

applicator previously approved under subpart 162.027 of this chapter

may remain so long as they are maintained in good condition to the

satisfaction of the Officer in Charge, Marine Inspection.

* * * * *

Sec. 167.45-55 [Removed]

121. Section 167.45-55 is removed.

Subpart 167.50--[Removed]

122. Subpart 167.50 is removed.

123. In Sec. 167.55-5, paragraph (i) is removed, paragraph (j) is

redesignated as paragraph (i) and the new paragraph (i)(1) is revised

to read as follows:

Sec. 167.55-5 Marking of fire and emergency equipment, etc.

* * * * *

(i) * * *

(1) All lifeboats, rigid type oars and paddles, life preservers,

EPIRB and life buoys shall be painted or branded with the name of the

nautical school ship.

* * * * *

Sec. 167.65-3 [Removed]

124. Section 167.65-3 is removed.

Sec. 167.65-10 [Removed]

125. Section 167.65-10 is removed.

126. Section 167.65-15 is revised to read as follows:

Sec. 167.65-15 Routing instructions; strict compliance with.

All licensed masters, officers, and certificated seamen on nautical

school ships must comply strictly with routing instructions issued by

competent naval authority.

Sec. 167.65-30 [Removed]

137. Section 167.65-30 is removed.

Sec. 167.65-45 [Amended]

128. In Sec. 167.65-45, paragraphs (a), (b), and (c) are removed

and the paragraph designation ``(d)'' is removed from paragraph (d).

129. Section 167.65-50 is revised to read as follows:

Sec. 167.65-50 Posting placards of lifesaving signals.

On all vessels to which this subpart applies there shall be readily

available to the deck officer of the watch placard containing

instructions for the use of the lifesaving signals set for in

Regulation 16, Chapter V, of the International Convention for Safety of

Life at Sea, 1974. These signals shall be used by vessels or persons in

distress when communicating with lifesaving stations and maritime

rescue units.

PART 168--CIVILIAN NAUTICAL SCHOOL VESSELS

130. The authority citation for Part 168 is revised to read as

follows:

Authority: 46 U.S.C. 3305, 3306; 48 CFR 1.46.

131. Subpart 168.15 is revised to read as follows:

Subpart 168.15--Accommodations

Sec.

168.15-1 Intent.

168.15-5 Locations.

168.15-10 Construction.

168.15-15 Size.

168.15-20 Equipment.

168.15-25 Washrooms.

168.15-30 Toilet rooms.

168.15-35 Hospital space.

168.15-40 Lighting.

168.15-45 Heating.

168.15-50 Ventilation.

168.15-55 Screening.

168.15-60 Inspection.

Sec. 168.15-1 Intent.

It is the intent of this subpart to provide minimum standards for

the size, ventilation, plumbing, and sanitation of quarters assigned to

the members of the crew, passengers, cadets, students, instructors, or

any other persons at any time quartered on board any such vessel.

Sec. 168.15-5 Location.

(a) Quarters shall be located so that sufficient fresh air and

light are obtainable compatible with accepted practice or good

arrangement and construction.

(b) Quarters shall not be located forward of the collision

bulkhead, nor shall such section or sections of any deck occupied by

quarters be below the deepest load line except in special case.

Sec. 168.15-10 Construction.

(a) The accommodations provided must be securely constructed,

properly lighted, heated, drained, ventilated, equipped, located,

arranged, and insulated from undue noise, heat and odors.

(b) All accommodations shall be constructed and arranged so that

they can be kept in a clean, workable, and sanitary condition.

Sec. 168.15-15 Size.

(a) Sleeping accommodations shall be divided into rooms, no one of

which shall berth more than 6 persons. The purpose for which each space

is to be used and the number of persons it may accommodate, shall be

marked.

(b) Each room shall be of such size that there is at least 1.8 m\2\

(20 ft \3\) of deck area and a volume of at least 4.2 m\3\ (150 ft \2\)

for each person accommodated. In measuring sleeping quarters, any

furnishings contained therein are not to be deducted from the total

volume or from the deck area.

Sec. 168.15-20 Equipment.

(a) Each person shall have a separate berth and not more than 1

berth shall be placed above another. The berths shall be of metal

framework. The overall size of a berth shall not be less than 68 cm (27

in) wide by 190 cm (75 in) long. Where 2 tiers of berths are fitted,

the bottom of the lower berth must not be less than 30 cm (12 in) above

the deck, and the bottom of the upper must not be less than 76 cm (30

in) both from the bottom of the lower and from the deck overhead. The

berths shall not be obstructed by pipes, ventilating ducts, or other

installations.

(b) A metal locker shall be provided for each person accommodated

in a room.

Sec. 168.15-25 Washrooms.

(a) There shall be provided 1 shower for each 10 persons or

fraction thereof and 1 wash basin for each 6 persons or fraction

thereof to be accommodated. The persons to be accommodated shall

include all persons who do not occupy rooms to which private facilities

are attached.

(b) All wash basins and showers shall be equipped with proper

plumbing including hot and cold running fresh water.

Sec. 168.15-30 Toilet rooms.

(a) There shall be provided 1 toilet for each 10 persons or

fraction thereof to be accommodated. The persons to be accommodated

shall include all persons who do not occupy rooms to which private

facilities are attached.

(b) The toilet rooms shall be located convenient to the sleeping

quarters of the persons to which they are allotted but shall not open

directly into such quarters except when they are provided as private or

semiprivate facilities.

(c) Where more than one toilet is located in a space or

compartment, each toilet shall be separated by partitions.

[[Page 66009]]

Sec. 168.15-35 Hospital space.

(a) Each vessel shall be provided with a hospital space. This space

shall be situated with due regard for the comfort of the sick so that

they may receive proper attention in all weather.

(b) The hospital shall be suitably separated from other spaces and

shall be used for the care of the sick and for no other purpose.

(c) The hospital shall be fitted with berths in the ratio of 1

berth to every twelve persons, but the number of berths need not exceed

6.

(d) The hospital shall have a toilet, wash basin, and bath tub or

shower conveniently located. Other necessary suitable equipment of a

sanitary type such as clothes locker, table, seat, etc., shall be

provided.

Sec. 168.15-40 Lighting.

All quarters, to include washrooms, toilet rooms, and hospital

spaces, shall be adequately lighted.

Sec. 168.15-45 Heating.

All quarters shall be adequately heated in a manner suitable to the

purpose of the space.

Sec. 168.15-50 Ventilation.

(a) All quarters shall be adequately ventilated in a manner

suitable to the purpose of the space and route of the vessel.

(b) When mechanical ventilation is provided for sleeping rooms,

washrooms, toilet rooms, hospital spaces and messrooms, these spaces

shall be supplied with fresh air equal to at least 10 times the volume

of the room each hour.

Sec. 168.15-55 Screening.

Provision shall be made to protect the quarters against the

admission of insects.

Sec. 168.15-60 Inspection.

The Officer in Charge, Marine Inspection, shall inspect the

quarters of every such vessel at least once in each month or at such

time as the vessel shall enter an American port and shall satisfy

himself that such vessel is in compliance with the regulations in this

part.

PART 169--SAILING SCHOOL VESSELS

132. The authority citation for Part 169 is revised to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; E.O. 11735,

38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.45, 1.46;

Sec. 169.117 also issued under the authority of 44 U.S.C. 3507.

Sec. 169.321 [Removed]

133. Section 169.321 is removed.

Sec. 169.569 [Removed]

134. Section 169.569 is removed.

Sec. 169.742 [Removed]

135. Section 169.742 is removed.

PART 189--INSPECTION AND CERTIFICATION

PART 190--CONSTRUCTION AND ARRANGEMENT

136-138. The authority citation for Part 190 continues to read as

follows:

Authority: 46 U.S.C. 2113, 3306; E.O. 12234, 45 FR 58801, 3 CFR,

1980 Comp., p. 277; 49 CFR 1.46.

Sec. 190.01-13 [Removed]

139. Section 190.01-13 is removed.

140. Subpart 190.20 is revised to read as follows:

Subpart 190.20--Accommodations for Officers, Crew, and Scientific

Personnel

Sec.

190.20-1 Application.

190.20-5 Intent.

190.20-10 Location of crew spaces.

190.20-15 Construction.

190.20-20 Sleeping accommodations.

190.20-25 Washrooms and toilet rooms.

190.20-30 Messrooms.

190.20-35 Hospital space.

190.20-40 Other spaces.

190.20-45 Lighting.

190.20-50 Heating.

190.20-55 Insect screens.

190.20-90 Vessels contracted for prior to March 1, 1968.

Sec. 190.20-1 Application.

(a) The provisions of this subpart, with the exception of

Sec. 190.20-90, shall apply to all vessels contracted for on or after

March 1, 1968.

(b) Vessels contracted for prior to March 1, 1968, shall meet the

requirements of Sec. 190.20-90.

Sec. 190.20-5 Intent.

(a) It is the intent of this subpart that the accommodations

provided for officers, crew, and scientific personnel on all vessels

shall be securely constructed, properly lighted, heated, drained,

ventilated, equipped, located, arranged, and, where practicable, shall

be insulated from undue noise and free from odors.

(b) Provided the intent of this subpart is met, consideration may

be given by the Officer in Charge, Marine Inspection to relax the

requirements relating to the size and separation of accommodations for

scientific personnel.

Sec. 190.20-10 Location of crew spaces.

(a) Crew quarters shall not be located farther forward in the

vessel than a vertical plane located at 5 percent of the vessel's

length abaft the forward side of the stem at the designated summer load

water line. However, for vessels in other than ocean or coastwise

service, this distance need not exceed 8.5 m (28 ft). For purpose of

this paragraph the length shall be as defined in Sec. 43.15-1 of

Subchapter E (Load Lines) of this chapter. No section of the deck of

the crew spaces shall be below the deepest load line, except that in

special cases, the Commandant may approve such an arrangement.

(b) There shall be no direct communication, except through solid,

close fitted doors or hatches between crew spaces and chain lockers, or

machinery spaces.

Sec. 190.20-15 Construction.

All crew spaces are to be constructed in a manner suitable to the

purpose for which they are intended. The accommodations provided for

officers and crew on all vessels shall be securely constructed,

properly lighted, heated, drained, ventilated, equipped, located,

arranged, and, where practicable, shall be insulated from undue noise,

heat and odors.

Sec. 190.20-20 Sleeping accommodations.

(a) Where practicable, each licensed officer shall be provided with

a separate stateroom.

(b) Sleeping accommodations for the crew shall be divided into

rooms, no one of which shall berth more than four persons.

(c) Each room shall be of such size that there are at least 2.78

m\2\ (30 ft\3\) of deck area and a volume of at least 5.8 m\3\ (210

ft\2\) for each person accommodated. The clear head room shall be not

less than 190 cm (75 in). In measuring sleeping accommodations any

furnishings contained therein for the use of the occupants are not to

be deducted from the total volume or from the deck area.

(d) Each person shall have a separate berth and not more than one

berth shall be placed above another. The berth shall be composed of

materials not likely to corrode. The overall size of a berth shall not

be less than 68 cm (27 in) wide by 190 cm (75 in) long, except by

special permission of the Commandant. Where two tiers of berths are

fitted, the bottom of the lower berth must not be less than 30 cm (12

in) above the deck. The berths shall not be obstructed by pipes,

ventilating ducts, or other installations.

(e) A locker shall be provided for each person accommodated in a

room.

Sec. 190.20-25 Washrooms and toilet rooms.

(a) There shall be provided at least one toilet, one washbasin, and

one

[[Page 66010]]

shower or bathtub for each eight members or portion thereof in the crew

to be accommodated. The crew to be accommodated shall include all

members who do not occupy rooms to which private or semi-private

facilities are attached.

(b) The toilet rooms and washrooms shall be located convenient to

the sleeping quarters of the crew to which they are allotted but shall

not open directly into such quarters except when they are provided as

private or semi-private facilities.

(c) All washbasins, showers, and bathtubs shall be equipped with

proper plumbing, including hot and cold running water. All toilets

shall be installed with proper plumbing for flushing. Where more than

one toilet is located in a space or compartment, each toilet shall be

separated by partitions.

Sec. 190.20-30 Messrooms.

Messrooms shall be located as near to the galley as is practicable

except where the messroom is equipped with a steam table. The messroom

shall be of such size as to seat the number of persons normally

scheduled to be eating at one time.

Sec. 190.20-35 Hospital space.

(a) Except as specifically modified by paragraph (f) of this

section, each vessel which in the ordinary course of its trade makes

voyages of more than 3 days duration between ports and which carries a

crew of twelve or more, shall be provided with a hospital space. This

space shall be situated with due regard to the comfort of the sick so

that they may receive proper attention in all weathers.

(b) The hospital shall be suitably separated from other spaces and

shall be used for the care of the sick and for no other purpose.

(c) The hospital shall be fitted with berths in the ratio of one

berth to every twelve members of the crew or portion thereof who are

not berthed in single occupancy rooms, but the number of berths need

not exceed six. Where all single occupancy rooms are provided, the

requirement for a separate hospital may be withdrawn: Provided, That

one stateroom is fitted with a bunk accessible from both sides.

(e) The hospital shall have a toilet, washbasin, and bath tub or

shower conveniently situated. Other necessary suitable equipment of

such character as clothes locker, table, seat, etc., shall be provided.

(f) On vessels in which the crew is berthed in single occupancy

rooms a hospital space will not be required, Provided, That one room

shall be designated and fitted for use as a treatment and isolation

room. Such room shall meet the following standards:

(1) The room must be available for immediate medical use; and

(2) A washbasin with hot and cold running water must be installed

either in or immediately adjacent to the space and other required

sanitary facilities must be conveniently located.

Sec. 190.20-40 Other spaces.

(a) Sufficient facilities shall be provided where the crew may wash

and dry their own clothes. There shall be at least one sink supplied

with hot and cold fresh water.

(b) Recreation accommodations shall be provided.

Sec. 190.20-45 Lighting.

Berth lights shall be provided for each member of the crew.

Sec. 190.20-50 Heating.

(a) All crew spaces shall be adequately heated in a manner suitable

to the purpose of the space.

(b) Radiators and other heating apparatus shall be so placed, and

where necessary shielded, as to avoid risk of fire, danger or

discomfort to the occupants. Pipes leading to radiators or heating

apparatus shall be lagged where those pipes create a hazard to persons

occupying the space.

Sec. 190.20-55 Insect screens.

Provisions shall be made to protect the crew quarters against the

admission of insects.

Sec. 190.20-90 Vessels contracted for prior to March 1, 1968.

Existing structures, arrangements, materials, and facilities

previously approved will be considered satisfactory so long as they are

maintained in good condition to the satisfaction of the Officer in

Charge, Marine Inspection. Minor repairs and alterations may be made to

the same standards as the original construction: Provided, That in no

case will a greater departure from the standards of Sec. 190.20-5

through 190.20-55 be permitted than presently exists.

PART 193--FIRE PROTECTION EQUIPMENT

141. The authority citation for Part 193 continues to read as

follows:

Authority: 46 U.S.C. 2213, 3102, 3306; E.O. 12234, 45 FR 58801,

3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

Sec. 193.05-20 [Removed]

142. Section 193.05-20 is removed.

143. In Sec. 193.10-10, paragraphs (j) and (k) are redesignated

paragraphs (l) and (m), respectively, paragraphs (i-1) and (i-2) are

removed, paragraphs (d) and (i) are revised and new paragraphs (j) and

(k) are added to read as follows:

Sec. 193.10-10 Fire hydrants and hose.

* * * * *

(d) Fire hydrants shall be of sufficient number and so located that

any part of the vessel, other than main machinery spaces, may be

reached with at least 2 streams of water from separate outlets, at

least one of which shall be from a single length of hose. In main

machinery spaces, all portions of such spaces shall be capable of being

reached by at least 2 streams of water, each of which shall be from a

single length of hose from separate outlets; however, this requirement

need not apply to shaft alleys containing no assigned space for the

stowage of combustibles. Fire hydrants shall be numbered as required by

Sec. 196.37-15 of this subchapter.

* * * * *

(i) Each fire hydrant shall have at least one length of fire hose.

Each fire hose must have a combination solid stream and water spray

nozzle that is approved under Subpart 162.027 of this subchapter,

except 19 mm (\3/4\ inch) hose may have a garden hose nozzle that is

bronze or metal with strength and corrosion resistance equivalent to

bronze. Combination solid stream and water spray nozzles previously

approved under Subpart 162.027 of this chapter may be retained so long

as they are maintained in good condition to the satisfaction of the

Officer in Charge, Marine Inspection.

(j) Each of the following must have a low-velocity water spray

applicator previously approved under Subpart 162.027 of this chapter

when the fire hose nozzle was also previously approved under Subpart

162.027 of this chapter.

(1) At least one length of fire hose on each fire hydrant outside

and in the immediate vicinity of each laboratory.

(2) Each fire hose in each propulsion machinery space containing an

oil-fired boiler, internal combustion machinery, or oil fuel unit on a

vessel of 1000 gross tons or more. The length of each applicator must

be 1.2 m (4 feet).

(k) Fixed brackets, hooks, or other means for stowing an applicator

must be next to each fire hydrant that has an applicator under

paragraph (j) of this section.

* * * * *

144. Section 193.10-90 is revised to read as follows:

[[Page 66011]]

Sec. 193.10-90 Installations contracted for prior to March 1, 1968.

Installations contracted for prior to March 1, 1968, shall meet the

following requirements:

(a) Except as specifically modified by this paragraph, the

requirements of Secs. 193.10-5 through 193.10-15 shall be complied with

insofar as the number and general type of equipment is concerned.

(b) Existing equipment, except fire hose nozzles and low-velocity

water spray applicators, previously approved but not meeting the

applicable requirements of Secs. 193.10-5 through 193.10-15, may be

continued in service so long as they are maintained in good condition

to the satisfaction of the Officer in Charge, Marine Inspection. Minor

repairs, alterations, and replacements may be permitted to the same

standards as the original installations. However, all new installations

or major replacements shall meet the applicable requirements in this

subpart for new installations.

(c) The general requirements of Sec. 193.10-5 (c) through (g),

Sec. 193.10-10 (d) through (m), and Sec. 193.10-15 shall be complied

with insofar as is reasonable and practicable.

(d) Each fire hose nozzle must meet Sec. 193.10-10(i), and each

low-velocity water spray applicator must meet Sec. 193.10-10(j).

PART 196--OPERATIONS

145. The authority citation for Part 196 is revised to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306, 6101; E.O.

11735; 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; E.O. 12234, 45

FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

Subpart 196.03--[Removed]

146. Subpart 196.03 is removed.

Subpart 196.17--[Removed]

147. Subpart 196.17 is removed.

Subpart 196.18--[Removed]

148. Subpart 196.18 is removed.

149. In Sec. 196.19-1, paragraphs (a), (b) and (c) are removed,

paragraphs (d), (e) and (f) are redesignated as paragraphs (a), (b) and

(c), respectively, and the new paragraph (a) is revised to read as

follows:

Sec. 196.19-1 Data required.

* * * * *

(a) The information on the maneuvering characteristics fact sheet

required by 33 CFR 164.35(g) must be:

* * * * *

150. Subpart 196.23 is removed.

Sec. 196.27-10 [Removed]

151. Section 196.27-10 is removed.

152. Subpart 196.33 is revised to read as follows:

Subpart 196.33--Communication Between Deckhouses

Sec. 196.33-1 When required.

On all vessels navigating in other than protected waters, where the

distance between deckhouses is more that 46 m (150 ft) a fixed means of

facilitating communication between both ends of the vessel, such as a

raised fore and aft bridge or side tunnels, shall be provided.

Previously approved arrangements may be retained so long as they are

maintained in satisfactory condition to the satisfaction of the Officer

in Charge, Marine Inspection.

153. Section 196.35-3 is revised to read as follows:

Sec. 196.35-3 Logbooks and records.

(a) The master or person in charge of an oceanographic research

vessel that is required by 46 U.S.C. 11301 to have an official logbook

may maintain the logbook on Form CG-706 or in the owner's format for an

official logbook. Such logs shall be kept available for a review for a

period of one year after the date to which the records refer or for the

period of validity of the vessel's current certificate of inspection,

whichever is longer. When the voyage is completed, the master or person

in charge shall file the logbook with the Officer in Charge, Marine

Inspection.

(b) The master or person in charge of a vessel that is not required

by 46 U.S.C. 11301 to have an official logbook, shall maintain, on

board, an unofficial logbook or record in any form desired for the

purposes of making entries therein as required by law or regulations in

this subchapter. Such logs or records are not filed with the Officer in

Charge, Marine Inspection, but shall be kept available for review by a

marine inspector for a period of one year after the date to which the

records refer. Separate records of tests and inspections of

firefighting equipment shall be maintained with the vessel's logs for

the period of validity of the vessel's certificate of inspection.

Sec. 196.35-10 [Removed]

154. Section 196.35-10 is removed.

Sec. 196.37-45 [Removed]

155. Section 196.37-45 is removed.

156. Subpart 196.43 is revised to read as follows:

Subpart 196.43--Placard of Lifesaving Signals

Sec.

196.43-1 Application.

196.43-3 Availability.

Sec. 196.43-1 Application.

The provisions of this subpart shall apply to all vessels on an

international voyage, and all other vessels of 150 gross tons or over

in ocean, coastwise or Great Lakes service.

Sec. 196.43-5 Availability.

On all vessels to which this subpart applies there shall be readily

available to the deck officer of the watch a placard containing

instructions for the use of the lifesaving signals set forth in

Regulation 16, Chapter V, of the International Convention for Safety of

Life as Sea, 1974. These signals shall be used by vessels or persons in

distress when communicating with lifesaving stations and maritime

rescue units.

Subpart 196.60--[Removed]

157. Subpart 196.60 is removed.

Subpart 196.75--[Removed]

158. Subpart 196.75 is removed.

Dated: December 8, 1995.

J.C. Card,

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

Security and Environmental Protection.

[FR Doc. 95-30402 Filed 12-19-95; 8:45 am]

BILLING CODE 4910-14-M