Adoption of Industry Standards

SUMMARY: Pursuant to the ongoing Presidential Regulatory Reform

Initiative, the Coast Guard is modifying its regulations for both

inspected and uninspected commercial vessels by removing or revising

obsolete and unnecessary provisions and incorporating industry

standards and practices.

The Coast Guard expects these amendments to 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: This final rule is effective on June 24, 1996. The Director of

the Federal Register approves as of June 24, 1996, the incorporation by

reference of certain materials listed in this rule.

ADDRESSES: Unless otherwise indicated, documents referred to in this

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

Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast

Guard Headquarters, 2100 Second Street SW., Room 3406, Washington, DC

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

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

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

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

Guard Headquarters.

FOR FURTHER INFORMATION CONTACT:

LCDR R. K. Butturini, Project Manager; LTJG J.M. Twomey, Project

Engineer; Ms. Shereen Bell, Project Assistant--telephone (202) 267-

2206.

SUPPLEMENTARY INFORMATION:

Regulatory History

On December 20, 1995, The Coast Guard published a notice of

proposed rulemaking (NPRM) entitled ``Adoption of Industry Standards''

in the Federal Register (60 FR 65988). The Coast Guard received seven

written comments on the proposal. A public meeting was held at Coast

Guard Headquarters on February 9, 1996, to discuss the NPRM.

Background and Purpose

This final rule 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 recognized 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 that 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 under the general

rulemaking authority it holds pursuant to 14 U.S.C. 2, 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 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 final rule removes or amends obsolete or unnecessary regulations

of a more significant nature and incorporates industry consensus

standards and practices.

In compiling the list of CFR sections affected by this final rule,

the Coast Guard did not consider parts of title 46 of the Code of

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

ongoing regulatory projects.

In this final rule, 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 Comments and Changes

In response to the notice of proposed rulemaking, seven comment

letters were received. Additionally, a public meeting was held on

February 9, 1996, to discuss the NPRM. Numerous comments were received

regarding the proposed amendments at the public hearing.

Part 15--Authority Citation

The Coast Guard notes that the authority citation for part 15 is

outdated. Updating the authority citation for part 15 is merely an

editorial change and does not affect the proposals of the NPRM.

Therefore, the final rule adopts revisions to the authority citation in

part 15.

[[Page 25985]]

Subparts 32.40, 72.40, 92.20, 167.50, 168.15, and 190.20--

Accommodations

One written comment and a participant at the public meeting noted

that the language used in the NPRM to revise the accommodations

regulations differed among the various subchapters and suggested that

the revised text be made consistent among the subchapters for ease in

comparing requirements. The proposed changes to the accommodations

regulations in the NPRM were written to be consistent with the style

and tone of the individual subchapters. For example, subchapter D on

tank vessels is older than subchapters H, Passenger Vessels; I, Cargo

and Miscellaneous Vessels; and U, Oceanographic Research Vessels, and,

therefore, reads differently. The proposed changes were written to read

like the remaining text in subchapter D while containing the same

information and requirements as the other subchapters. However, the

Coast Guard agrees that comparing requirements among subchapters is

easier when the text is identical.

Revising the regulatory text for accommodations to be identical

among the subchapters is merely an editorial change and is not a

substantive change to the NPRM. Therefore, except for text concerning

existing vessels particular to each subchapter, the final rule revises

the original proposals in the NPRM by making the regulations for

accommodations in each subchapter identical.

Two written comments and two participants at the public meeting

objected to the proposed changes to the provisions for crew comfort and

suggested provisions for crew comfort be retained in the regulations as

currently written because the International Labour Office Merchant

Shipping (Minimum Standards) Convention, 1976 (No. 147) (ILO 147) only

provides for minimum requirements in this area. For example, ILO 147

requires that accommodations be ``adequately heated'', while current

Coast Guard regulations specify that accommodation areas be maintained

at 68 deg.F or 70 deg.F, depending on the subchapter. The commenters

noted that as ``adequately'' is a relative term, vessel owners and

operators could meet the technical requirements of ILO 147 and the

proposed changes without actually providing adequate accommodations.

The proposed regulations were drafted with the intent of achieving

a balance among the need to remove unnecessary or excessive

regulations, the necessity of retaining the mandated provisions of ILO

147 and 46 U.S.C. 11101 (the statute which describes minimum

requirements for accommodations), and the Coast Guard's desire to

promote more autonomy for the marine industry. As a result, some of the

provisions for crew comfort in the existing regulations were removed or

revised in the NPRM.

The Coast Guard recognizes that some aspects of crew comfort are

directly related to safety issues. One such example, pointed out in the

comments, regards adequate heating and cooling of crew accommodations.

The Coast Guard agrees that heating and cooling accommodations to

provide a comfortable living area environment may directly affect

crewmembers' ability to obtain sufficient rest. However, the Coast

Guard notes that not all of the provisions for crew comfort in current

regulations which were proposed for removal or revision directly affect

safety. For instance, other examples of provisions for crew

accommodations removed or revised in the NPRM and protested by the

commenters concern bunk dimensions, separation of accommodations

between watches or departments, and acceptable methods of preventing

the admission of insects. The Coast Guard does not consider the minor

revisions in these areas to be significant to shipboard safety.

Therefore, this final rule is retaining the specification that the

heating and cooling system of a vessel be able to maintain the

temperature of accommodations at 70 deg.F, but adopts the rest of the

proposals relating to accommodations in the NPRM.

Subparts 78.20, 97.17, and 196.17 and Secs. 32.05-5 and 167.65-30--

Rudder Orders

Two written comments and two participants at the public meeting

objected to the proposed deletion of the requirement that ``Right

rudder'' and ``Left rudder'' be used for rudder commands on U.S.

inspected vessels, arguing that this command convention is necessary

for safe navigation because the common practice of using ``Port'' and

``Starboard'' on foreign vessels sometimes causes confusion with

pilots. The Coast Guard disagrees with the underlying assumption of the

comments that retaining the current command convention of ``Right

rudder'' and ``Left rudder'' on U.S. ships will alleviate confusion due

to the use of a different command convention on foreign ships.

It is a well-established principle of maritime safety that the

helmsman and deck officer or pilot have a shared responsibility to

ensure that rudder orders are understood and properly executed, and

that problems affecting the execution of steering orders are reported

immediately. A helmsman who does not understand a rudder command is

duty bound to advise the deck officer or pilot that the command is not

clear and cannot be executed. As good communication among bridge

personnel is crucial to safe navigation, potential terminology problems

between the helmsman and deck officer or pilot must be resolved before

maneuvering begins. That is, the person directing the movement of the

vessel must inform the helmsman of the commands to be used to order

rudder changes. Although the helmsman is generally not expected to

question the deck officer's or pilot's choice of convention, the

relationship between the helmsman and the deck officer or pilot should

allow for agreement on a command convention that minimizes the

potential for confusion. When bridge personnel interact effectively, no

rudder command convention is necessary.

One commenter also noted that the Coast Guard's commitment to

focusing on human factors in maritime safety should dictate that a

standard convention for rudder commands is retained in the regulations.

The Coast Guard disagrees with this conclusion. Standardizing rudder

commands, as in current regulations, ignores the human factors involved

in vessel maneuvering by relying on every helmsman, deck officer, and

pilot to assume that all mariners will use the same convention.

Personal preference, training, experience, and regional customs in the

choice of rudder commands are thus not recognized and the important

working relationship between the person directing the movement of the

vessel and the helmsman is trivialized when a convention is specified

in the regulations.

Therefore, the final rule adopts the proposal to remove the

specification of ``Right rudder'' and ``Left rudder'' for rudder

commands.

Sec. 35.20-30--Blinding Lights

Two participants at the public meeting suggested retaining the

section prohibiting shining lights into other vessels' bridges. The

coast Guard notes that the suggestion stems from a misunderstanding of

the intent in the proposed rules. In the NPRM, Coast Guard regulations

that contain phrases describing the liability of the crew, for not

complying with the underlying requirements of the regulations, were

grouped into a single category for revision. Section 35.20-30, which

prohibits the shining of lights into another vessel's bridge, was

included in

[[Page 25986]]

this category because it states that a person who flashes blinding

lights, or allows blinding lights to be flashed, into another vessel's

bridge is liable under suspension and revocation proceedings. The Coast

Guard notes that the proposed revision did not remove the actual

prohibition against blinding lights, but removed the phrase imposing

liability on officers and crew. The Coast Guard considers this

reference to liability to be inconsistent with the President's desire

to focus on process rather than punishment and with the Coast Guard's

commitment to forging greater government/industry partnerships.

Additionally, the liability of officers and crew for failure to comply

with the provisions of 46 CFR is contained in 46 CFR, part 5 and need

not be repeated.

Therefore, the final rule adopts the proposal to remove references

to liability regarding the shining of blinding lights into another

vessel's bridge.

Secs. 35.20-40, 78.21-1, 97.19-1 and 196.19-1--Posting Maneuvering

Information

One written comment suggested that the Coast Guard retain the

requirement to post maneuvering information contained in 46 CFR instead

of removing the requirement and inserting a reference to a similar

section in title 33 of the Code of Federal Regulations (33 CFR), as

proposed. The comment noted that the proposed revisions would make the

affected sections, which also discuss validation of maneuvering

information, harder to use. The Coast Guard agrees with the comment.

The sections addressing posted maneuvering information in 46 CFR were

originally identified for revision because 33 CFR contains similar

requirements. However, the Coast Guard agrees that the proposed

revisions would be counterproductive.

Therefore, the final rule does not adopt the proposal to remove the

requirement for posted maneuvering information.

Secs. 61.05-5 and 61.30-5--Preparing Machinery for Inspections

One written comment and two participants at the public meeting

objected to the removal of the regulation requiring the chief engineer

to prepare machinery for inspection, arguing that the chief engineer is

ultimately responsible for the machinery and, therefore, only the chief

engineer should prepare machinery for inspection. The Coast Guard

disagrees with these comments. The proposed revision does not undermine

the important role of the chief engineer in vessel operations and Coast

Guard inspections, nor does the proposal affect the chief engineer's

responsibilities for vessel machinery. The proposed revision merely

recognizes that specifying the chief engineer prepare machinery for

inspection is not necessary.

With increased reliance on reduced manning, many companies use

shore-maintenance personnel for tasks traditionally performed by the

vessel's crew. Specifying that the chief engineer prepare machinery for

inspection may undermine the owner's prerogatives in a way that is not

intended by the regulations. Additionally, under the current

regulations, the chief engineer's responsibility is not to personally

prepare machinery for inspection but to ensure that the task is

performed competently. The intent of the regulations would be met if

another, qualified member of the crew was assigned to prepare machinery

for inspection under the chief engineer's direction. Also, the failure

to prepare machinery for inspection has little actual consequence

except to delay the inspection.

Therefore, the final rule adopts the proposal to remove the

requirement for the chief engineer to prepare machinery for inspection.

Sec. 56.30--Gasketed Mechanical Couplings

One written comment and one participant at the public meeting

suggested that, in addition to incorporating the American Society for

Testing and Materials (ASTM) standard F 1476-93 (Performance of

Gasketed Mechanical Couplings for Use in Piping Applications) the Coast

Guard also incorporate ASTM F 1548-94 (Performance of Fittings for Use

with Gasketed Mechanical Couplings Used in Piping Applications). This

suggestion was made because ASTM F 1548-94 was developed specifically

to supplement ASTM F 1476-93 and only applies to gasketed mechanical

couplings manufactured in accordance with ASTM F 1476-93. The Coast

Guard agrees with the recommendation especially in light of the fact

that, though ASTM F 1548-94 is a companion standard to ASTM F 1476-93,

it is not referenced in ASTM F 1476-93 because it was developed a year

later. Incorporating ASTM F 1548-94 is a logical consequence of

incorporating ASTM F 1476-93.

Therefore, the final rule adopts incorporation of ASTM F 1548-94 in

addition to incorporating ASTM F 1476-93.

Another comment suggested the Coast Guard also incorporate the

American Waterworks Association (AWWA) standard C-606 (Grooved and

Shouldered Type Joints) into the same regulations for gasketed

mechanical couplings mentioned previously because AWWA C-606 is

referenced in ASTM F 1476-93. The Coast Guard disagrees with this

recommendation. Industry consensus standards typically reference one

another. However, when the regulatory language and an industry standard

being incorporated into the regulations provide sufficient guidance to

the class affected by the regulations, incorporation of secondary

referenced standards is not necessary.

Compliance with the provisions of AWWA C-606 is mandatory under

ASTM F 1476-93. Therefore, incorporating AWWA C-606 by reference, in

addition to ASTM F 1476-93, is not necessary because ASTM F 1476-93

provides sufficient guidance and the regulatory language ensures

enforceability.

Therefore, the final rule does not adopt the incorporation of AWWA

C-606 by reference.

Sec. 56.30-40--Mechanically Attached Fittings

One written comment and one participant at the public meeting

suggested that ASTM standard F 1387-93 (Performance of Mechanically

Attached Fittings) be incorporated into Sec. 56.30-25, Flared,

flareless, and compression joints, instead of into Sec. 56.30-40,

Flexible pipe couplings of the compression or slip-on type, as

originally proposed, because Sec. 56.30-40 is a confusing section

containing requirements that should apply to gasketed mechanical

couplings instead of mechanically attached fittings. The Coast Guard

agrees with the recommendation. The current regulations for

mechanically attached fittings in Sec. 56.30-40 have shown to be

confusing because they do not adequately distinguish the differences

between gasketed mechanical couplings and mechanically attached

fittings. Gasketed mechanical couplings and mechanically attached

fittings both employ a compressive force to seal the pipe joint.

However, the mechanism to achieve compression is different for each

type of fitting. For example, gasketed mechanical couplings typically

employ threaded fasteners to compress a resilient gasket around the

pipe joint. Conversely, mechanically attached fittings employ a

compressive force to become attached to the pipe. The terms

``compression joint'' and ``couplings of the compression type'' refer

to the type

[[Page 25987]]

of compression used in mechanically attached fittings rather than the

compression of a resilient material used in gasketed mechanical

couplings.

Moving requirements for mechanically attached fittings to

Sec. 56.30-25 instead of Sec. 56.30-40, as originally proposed in the

NPRM, is an editorial reorganization of changes and is within the scope

of the NPRM. Therefore, the final rule incorporates ASTM F 1387-93 into

Sec. 56.30-25 and moves provisions in the existing Sec. 56.30-40, which

apply to gasketed mechanical couplings, into Sec. 56.30-35.

Secs. 56.60-1, 56.60-10, 56.60-15, 56.60-20, 58.30-5, 58.30-15, and

58.30-17--Ductile Iron

One written comment and a participant at the public meeting noted

that, contrary to the current provisions of Sec. 56.60-1, Acceptable

materials and specifications, ASTM F 1476-93, proposed for

incorporation by reference, allows the use of ductile iron conforming

to ASTM standard A 536-83 (Ductile Iron Castings) and suggested A 536-

83 ductile iron be added to the list of acceptable materials in

Sec. 56.60-1 to remedy this problem. The Coast Guard agrees with the

recommendation. As mentioned above, incorporation of a secondary

referenced industry standard is not necessary when the regulatory

language and the primary standard provide sufficient guidance and the

regulations ensure enforceability. In the case of A 536-83 ductile

iron, merely incorporating ASTM F 1476-93 would create a conflict with

other provisions in the regulations regarding the use of A 536-83

ductile iron. Thus, it is necessary to add A 536-83 ductile iron to the

list of acceptable materials to avoid a conflict with other provisions

and to ensure the regulations provide sufficient guidance.

Therefore, the final rule adopts a revision to the list of

acceptable piping materials in Sec. 56.60-1 regarding the use of A 536-

83 ductile iron.

As a result of adding A 536-83 ductile iron to the list of

acceptable materials, the Coast Guard is also updating the testing and

acceptance criteria for ferrous cast materials used in hydraulic system

components addressed in Secs. 58.30-5, 58.30-15, and 58.30-17. The

current regulations require ferrous cast materials to either exhibit 15

percent elongation in 50 millimeters (2 inches) under a tensile test or

pass an impact shock test in order to be considered as ductile iron (as

opposed to cast iron) acceptable for use in hydraulic system

components. By comparison, ABS considers ferrous cast material

exhibiting 12 percent elongation in 50 millimeters (2 inches) as

ductile iron without the option for an impact shock test. The Coast

Guard considers the elongation requirement to be an important

distinction between ductile iron and cast iron and prefers to harmonize

the acceptance criteria for ductile iron with ABS. The final rule

revises Sec. 56.60-15, Ductile Iron, to reference the requirements of

Sec. 56.60-10, Cast Iron, for those materials that do not exhibit at

least 12 percent elongation in 50 millimeters (2 inches) under a

tensile test. Additionally, as Sec. 58.30-15, Pipe, tubing, valves,

fittings, pumps, and motors, references the materials requirements of

Secs. 56.60-1 and 56.60-2, and therefore the elongation and impact

shock testing requirements in Sec. 56.60-15, the elongation and impact

shock testing requirements in Sec. 58.30-15 are no longer needed.

Removing the previously mentioned testing requirements from Sec. 58.30-

15 also necessitates removing references to Sec. 58.30-15 included in

Secs. 56.60-10, 56.60-20, and 58.30-5 and the impact shock test

procedures included in Sec. 58.30-17.

Section 58.30-15 also contains testing requirements for cast

aluminum alloys used in hydraulic components. Under current regulations

a cast aluminum alloy intended for use in hydraulic components must

exhibit 10 percent elongation in 50 millimeters (2 inches) under a

tensile test or pass the same impact shock test previously mentioned

for ferrous cast materials. Numerous valve and pipe fitting designs

employing cast aluminum alloys exhibiting elongation characteristics

much lower than 10 percent in 50 millimeters (2 inches) have been

accepted on the basis of the impact shock test results and have

demonstrated satisfactory service. Additionally, ABS has no similar

testing requirements for cast aluminum alloys and has also found that

valve and pipe fittings manufactured with cast aluminum alloys having

elongation characteristics lower than 10 percent in 50 millimeters (2

inches) have demonstrated satisfactory service.

Revising the testing and acceptance criteria for ferrous cast

materials and cast aluminum alloys would harmonize the regulations with

industry practices, simplify the regulations, complete the steps

necessary to incorporate ASTM F 1476-93 by reference and, therefore, is

within the scope of the NPRM.

Therefore, the final rule adopts a revision to the NPRM by updating

the testing and acceptance criteria for ferrous cast materials and cast

aluminum alloys used in hydraulic system components.

Subpart 162.027 and Secs. 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---

Firehose Nozzles

One written comment noted that testing firehose nozzles in

accordance with ASTM F 1546-94 (Firehose Nozzles) proposed for

incorporation by reference, is cost prohibitive and suggested that

testing costs may become more reasonable if the Coast Guard recognized

previous tests performed on identical materials or components. This

comment stems from a misunderstanding of the role of independent

laboratories when testing equipment required to be approved by the

Coast Guard. Under the proposed revisions to subpart 162.027, nozzles

would be considered approved by the Coast Guard if the nozzles

successfully pass the tests specified in ASTM F 1546-94 when tested by

an independent laboratory accepted by the Coast Guard. The Coast Guard

does not prohibit accepted independent laboratories from applying the

results of previous testing to subsequent, required testing of

identical materials or components. The determination to do so is up to

the individual independent laboratory, unless otherwise stated in Coast

Guard regulations. The Coast Guard uses oversight processes and field

inspection reports to determine whether manufacturing and independent

laboratory testing consistently result in products that meet the

requirements and intent of the regulations.

As the Coast Guard does not dictate to independent laboratories

whether previous test may be used to satisfy an incorporated industry

consensus standard, the incorporation of ASTM F 1546-94 into Coast

Guard regulations will not add any additional Coast Guard induced

economic burden on manufacturers. Therefore, while the Coast Guard

notes this comment, the comment does not directly affect the overall

proposal to incorporate ASTM F 1546-94 into the regulations for

firehose nozzles.

Another commenter asserted that the operator-protection test in

ASTM F 1546-94 is costly and unnecessary given the other tests and

provisions in ASTM F 1546-94. The Coast Guard disagrees with this

comment. The Coast Guard interviewed firefighters, fire fighting

trainers, and fire department maintenance personnel to gain an

understanding of the operational and maintenance factors that should be

considered in an ASTM standard for fire hose nozzles. The Coast Guard

then worked with nozzle manufacturers in the development of ASTM F

1546-94,

[[Page 25988]]

keeping in mind the information obtained from professional

firefighters. The operator-protection test is the only test in ASTM F

1546-94 that measures a nozzle's effectiveness in protecting the nozzle

operator from a sudden heat rise. The test is essential to determining

whether the nozzle, when operated properly, can provide a firefighter

with sufficient time to escape an unexpected fire hazard.

Additionally, ASTM F 1546-94 has undergone a rigorous review and

balloting process through ASTM and the provisions of ASTM F 1546-94

have been accepted by both the Coast Guard and industry. Given this

Coast Guard/industry consensus on the provisions of ASTM F 1546-94,

constructively changing the standard via regulatory requirements would

be inconsistent with the Coast Guard's committment to fostering Coast

Guard/industry partnerships and the goals of incorporating industry

consensus standards by reference. Proposed revisions to ASTM F 1546-94

are outside the scope of this rulemaking and must be considered through

the normal industry consensus standard process.

Therefore, while the Coast Guard notes the comment, the Coast Guard

does not agree that the provisions of ASTM F 1546-94 should be modified

through the final rule.

Another participant at the public meeting disagreed with the Coast

Guard's proposal to incorporate the provisions of ASTM F 1546-94

pertaining to firehose nozzles that are suitable for use only in fresh

water. The commenter argued that the regulations should prohibit

firehose nozzles intended only for fresh water service in accordance

with ASTM F 1546-94, because the nozzles might be placed on vessels

operating in salt water service and, as a result, the nozzles may not

function properly when needed. The Coast Guard disagrees with this

comment. As previously mentioned, the Coast Guard helped firehose

nozzle manufacturers develop ASTM F 1546-94 with the specific intention

of incorporating this standard into the regulations to replace the

detailed specifications in subpart 162.027 and to make an improved fire

fighting product available to the marine industry. Nozzles manufactured

of aluminum alloys are currently the only type specifically mentioned

in ASTM F 1546-94 (sections 6.1.2, 9.8.1 and 12) as unsuitable for salt

water service. Most shoreside fire fighting organizations, including

those in coastal, salt air locations, use firehose nozzles constructed

of anodized aluminum with fresh water drawn from municipal water

supplies. The anodized aluminum nozzle is rugged, reliable and lighter

than similar brass nozzles, which are currently the only type of nozzle

approved by the Coast Guard. Whereas brass nozzles are suitable for any

service, the aluminum nozzle is not suitable for service in a salt

water environment because, if the anodized coating is damaged, the

aluminum nozzle body is susceptible to salt water corrosion, which may

render the nozzle inoperable.

To protect against aluminum nozzles being placed on vessels in salt

water service, the Coast Guard ensured that ASTM F 1546-94 contained

provisions for marking firehose nozzles manufactured of aluminum alloys

with ``F.W. Only'' to indicate suitability only for fresh water

service.

It is true, as argued by the commenter, that without mindfulness in

the marine industry, it is possible that nozzles intended only for

fresh water service may be placed on vessels operating in salt water.

However, only allowing nozzles suitable for both fresh and salt water

service on vessels would needlessly penalize the owners and operators

of vessels operating exclusively in fresh water by prohibiting the

lighter and more common anodized aluminum nozzles. Additionally,

firehose nozzles are examined at each Coast Guard inspection and owners

and operators would be required to replace unsuitable nozzles.

Therefore, the final rule incorporates all of the provisions in

ASTM F 1546-94 regarding firehose nozzles intended for fresh or salt

water service.

After further review of the proposed revisions to subpart 162.027,

the Coast Guard is making editorial changes to the regulatory language.

Specifically, the provisions related to testing conducted by a

recognized laboratory in the proposed Sec. 162.027-3, Approval

procedures, have been moved to Sec. 162.027-2, Design, construction,

testing, and marking requirements.

These revisions represent an editorial reorganization of the

proposals in the NPRM and do not affect the scope or intent of the

NPRM. Therefore, the final rule revises the proposals in the NPRM by

including the previously mentioned editorial changes.

Secs. 35.07-5, 35.07-15, 78.37-3, 97.35-3, 97.35-10, 196.35-3, and

196.35-10--Logbooks

Several written comments were received about logbooks on merchant

vessels. One comment noted that the proposed rules suggest that the

Coast Guard will no longer gratuitously provide the official logbooks

required by the regulations. The comment also noted that the current

version of the official logbook (CG-706) contains outdated references

to sections of the U.S. Code. The Coast Guard agrees that the

regulations should explicitly continue to explain that official

logbooks may be obtained gratuitously from any Officer in Charge,

Marine Inspection. Also, the Coast Guard agrees that updating the

official logbook form to reference current statutes is necessary. The

Coast Guard is currently revising the logbook form to include updated

references.

Therefore, the final rule revises the proposals of the NPRM by

retaining text to explain that official logbooks may be obtained

gratuitously from any Officer in Charge, Marine Inspection.

Another written comment suggested that the Coast Guard should issue

additional regulations regarding logbook requirements for uninspected

towing vessels arguing that requiring logbook entries is the best way

of enforcing applicable requirements for uninspected towing vessels.

The Coast Guard disagrees with this suggestion. Title 46 of the United

States Code, section 11301 (46 U.S.C. 11301) requires all U.S. vessels

on a foreign voyage, or, of at least 100 gross tons and on a voyage

from a port in the Atlantic Ocean to a port in the Pacific Ocean to

maintain an official logbook and describes the information to be

recorded in the official logbook. The Coast Guard does not currently

require uninspected towing vessels not otherwise subject to 46 U.S.C.

11301 to maintain official logbooks.

While the Coast Guard is concerned about violations of safety

regulations on uninspected towing vessels, it is beyond the scope of

this rulemaking to address these issues. Therefore, the final rule does

not adopt new requirements concerning logbooks on uninspected towing

vessels.

Secs. 32.05-5, 35.40-40, 78.47-67, 97.35-45, 167.55-5, 169.742 and

196.37-45--Equipment Marking

The Coast Guard proposed in the NPRM to remove the requirement to

mark fire axes and firehoses with the vessel's name as these items do

not float and would not aid in identifying debris from a sunked vessel.

However, this proposal is also included in another rulemaking regarding

lifesaving and firefighting equipment. Therefore, the proposal to

remove the requirement to mark fire axes and fire hoses with the

vessel's name is withdrawn from the final rule.

One written comment suggested removing the requirement to mark life

[[Page 25989]]

jackets with the vessel's name on all inland vessels. The commenter

reasoned that the need to identify debris after an accident is less

critical on inland vessels than on oceangoing vessels because inland

commercial vessels are often on dedicated routes. While the Coast Guard

considers this suggestion to be consistent with the spirit of the final

rule, it would be a substantive change to Coast Guard requirement for

which prior public comment is preferred.

Therefore, the final rule adopts the original proposals of the NPRM

regarding marking emergency equipment. The suggestion to remove the

requirements for marking life jackets with the vessel's name on all

inland vessels will be considered for future rulemaking.

Secs. 108.611, 108.613, 108.615, 108.659, 109.529, 109.531, 109.533,

109.535, 109.537 and 109.539--Mobile Offshore Drilling Units.

Several written comments were received about proposed changes to

the regulations for mobile offshore drilling units (MODU). One comment

pointed out that if Sec. 108.613, regarding requirements for power-

operated industrial trucks on MODUs, was being removed, then related

Secs. 108.611 and 108.615 should also be removed. The Coast Guard

agrees with this comment. It was the Coast Guard's intention to remove

all sections regarding power-operated industrial trucks as the Coast

Guard considers regulations for power-operated industrial trucks to be

no longer needed. The removal of sections 108.611 and 108.613, as well

as, Secs. 109.529 through 109.539 was inadvertently omitted from the

NPRM.

As the preamble to the NPRM discussed the removal of all

regulations for power-operated industrial trucks, removal of

additional, inadvertently omitted regulations for power-operated

industrial trucks is within the scope of the NPRM. Therefore, the final

rule removes Secs. 108.613, 108.615, and 109.529 through 109.539 in

addition to adopting the original proposals of the NPRM regarding

power-operated industrial trucks on MODUs.

Another comment suggested that regulations for breeches buoy

instructions, proposed for removal from other subchapters by the NPRM,

be removed from the requirements for MODUs as breeches buoys are no

longer used for lifesaving purposes on MODUs. The Coast Guard agrees

with this suggestion. It was the Coast Guard's intention to removal all

requirements for breeches buoy instructions from title 46 CFR. The

sections requiring breeches buoy instructions on MODUs were

inadvertently omitted from the NPRM.

As removing all requirements for breeches buoy instructions was

discussed in the NPRM, removing additional, inadvertently omitted

requirements for breeches buoy instructions is within the scope of the

NPRM. Therefore, the final rule removes requirements for breeches buoy

instructions in Sec. 108.659 in addition to adopting the original

proposals of the NPRM regarding breeches buoy instructions.

A separate comment suggested removing the requirement in

Sec. 108.637 for marking hand-portable fire extinguishers and their

associated stations on MODUs because a similar requirement is not

included in other subchapters of 46 CFR. The Coast Guard disagrees with

this suggestion because it stems from a misunderstanding of the

requirements for marking emergency equipment in the other subchapters

of 46 CFR. A requirement for marking hand-portable fire extinguishers

and their associated stations is included in the equipment marking

provisions for tank vessels, passenger vessels and cargo vessels in

Secs. 37.40-25, 78.47-30 and 97.37-23, respectively. Also, the ability

to match hand-portable fire extinguishers with their stations is an

effective method to ensure that extinguishers are available as expected

in a vessel's approved fire control plan.

Therefore, the final rule does not adopt the suggestion to remove

the requirements for marking hand-portable extinguishers and their

associated stations.

Another comment suggested removing the reference to 46 CFR part 147

concerning vessel stores in Sec. 109.558, which addresses hazardous

vessel stores, because it is redundant to the applicability section of

part 147. The Coast Guard agrees with this comment. One of the goals of

the final rule is to remove provisions that are repeated in another

section when removal of the provision does not make the regulations

confusing or hard to use. Therefore, as the requirement is duplicative

with another section in the CFR and the removal of the reference to 46

CFR part 147 in Sec. 109.558 is not a substantive change, the final

rule adopts the suggestion to remove the reference to 46 CFR part 147

in Sec. 109.558.

The following discussion summarizes the changes being made by this

final rule to 46 CFR.

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, is technologically obsolete, or is no longer used

in the marine industry.

Seciton 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 being removed.

Section 34.05-5 and subparts 34.13, 76.13, and 95.13 of 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

installations 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 being removed. The Coast Guard is retaining the regulations

pertaining to testing and inspection of installed systems.

Subparts 35.70, 78.80, 97.70, and Secs. 78.83-1, 97.70-1, 108.611,

108.613, 108.615, 109.529, 109.531, 109.533, 109.535, 109.537, and

109.539 of title 46 CFR contain requirements for power-operated

industrial trucks. Power-operated industrial trucks have been used

historically on break-bulk vessels 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 vessels are maintained by the Maritime

Administration (MARAD), but are not operating. Of MARAD's vessels, only

7 will eventually carry power-operated industrial trucks as ship's

equipment. On the remaining, privately owned break-bulk vessels, few

trucks are still carried as vessel'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 vessels, lighter-abroad vessels (LASH)

and roll-on/roll-off (RORO) vessels has also reduced the use of power-

operated industrial trucks. Additionally, there have been no reported

accidents

[[Page 25990]]

involving power-operated industrial trucks in the last 15 years.

Therefore, regulations for power-operated industrial trucks are no

longer necessary and are being removed.

Sections 32.15-10, 77.27-1, 96.27-1, and 167.40-20 of 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 being removed.

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

meters (150 feet) to protect crossing 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 deckhouse 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, which makes this burdensome requirement

inappropriate. Therefore, regulations requiring sand in the engineroom

are being removed.

Subparts 35.12, 78.53, 97.43, 196.43 and Sec. 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 being revised.

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

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

picture film, principally designed to prevent fires. 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, which use motion picture

projectors in their movie theaters, video cassette recorders and

televisions have replaced motion picture projectors on most vessels.

Slow-burning film is the only type of film currently available in reel

format for use with movie projectors. Section 111.89-1 of 46 CFR

requires all motion picture projectors to meet Article 540 of he

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 being removed.

Sections 108.403 and 167.45-55 of 46 CFR allow the installation of

water spray systems for fire fighting purposes in boiler spaces of

MODUs and public nautical school ships. Other fire fighting media, such

as carbon dioxide, have proven more effective, reliable and practical

than water spray systems. In addition, there are currently no MODUs or

public nautical school ship using a water spray system in a boiler

space for fire fighting purposes. Therefore, these provisions are not

necessary and are being removed.

Subpart 160.018 of 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 being removed.

Subpart 160.034 of 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 being removed.

Section 164.016 of 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 approved lifesaving equipment.

Therefore, the specifications for microcellular nylon are no longer

needed and are being removed.

The following table lists the sections that affected by the removal

or revision of regulations pertaining to equipment that is no longer

used.

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Cite (46 CFR) CFR change Subject addressed by regulation

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Part 15.................................... Revision................................ Authority citation.

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............................. Removal................................. Motion picture film.

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

Sec. 72.05-60............................. Removal................................. Motion picture film.

Sec. 76.05-20............................. Revision................................ Fixed fire fighting 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. 78.83-1.............................. Revision................................ Power-operated industrial trucks.

Sec. 95.05-10............................. Revision................................ Fixed fire fighting systems.

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

[[Page 25991]]

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. 97.80-1.............................. Revision................................ Power-operated industrial trucks.

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

Sec. 108.611.............................. Removal................................. Power-operated industrial trucks.

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

Sec. 108.615.............................. Removal................................. Power-operated industrial trucks.

Sec. 108.659.............................. Revision................................ Breeches buoy placard.

Sec. 109.529.............................. Removal................................. Power-operated industrial trucks.

Sec. 109.531.............................. Removal................................. Power-operated industrial trucks.

Sec. 109.533.............................. Removal................................. Power-operated industrial trucks.

Sec. 109.535.............................. Removal................................. Power-operated industrial trucks.

Sec. 109.537.............................. Removal................................. Power-operated industrial trucks.

Sec. 109.539.............................. 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............................ Removal................................. 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.

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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 33 CFR or 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 33 CFR. However, each of the requirements cited contain

language regarding their applicability. Therefore, the sections of 46

CFR that merely restate the applicability of the FWPCA, OPA, and 33 CFR

are not necessary and are being revised.

Sections 35.20-25 and 167.65-10 and subparts 78.25, 97.23, and

196.23 of 46 CFR prohibit carrying any light not required by law that

will interfere with distinguishing signal lights. However, rule 20 of

both the Inland and International Rules of the Road published in 33

U.S.C. 2020, 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 46 CFR that prohibit carrying lights

that interfere with signal lights are not necessary and are being

removed.

Section 56.50-100 of 46 CFR contains a one sentence reference to

subpart 58.30 of 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 being removed.

Sections 92.01-13 and 190.01-13 of 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 46 CFR contains

identical requirements. The requirements for sliding watertight doors

included in part 170 apply to all vessels inspected under 46 CFR,

including cargo and miscellaneous vessels and oceanographic research

vessels.

Therefore, repeating the requirements for the design and operation

of sliding watertight door assemblies in Secs. 92.01-13 and 109.01-13

is not necessary and these provisions are being removed.

Section 109.558 of 46 CFR contains a one-sentence reference to part

147 for labeling, stowing and using hazardous vessel's stores. The

other subchapters for tank vessels, passenger vessels, and cargo and

miscellaneous vessels do not contain a similar reference. Therefore,

merely referencing part 147 for the labeling, stowing, and use of

hazardous vessel's stores without adding additional information is not

necessary and Sec. 109.558 is being removed.

In the following list of sections being removed or revised, the

citation to the sections where duplicate requirements are being

retained is indicated in square brackets below the section being

removed or revised.

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Cite (46 CFR) CFR change Subject addressed by regulation

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

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

2020].

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

Subpart 78.25 [33 CFR 81 and 33 U.S.C. Removal................................. Unauthorized lights.

2020].

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

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

Subpart H] [33 CFR 164.35].

[[Page 25992]]

Subpart 97.23 [33 CFR 81 and 33 U.S.C. Removal................................. Unauthorized lights.

2020].

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

Sec. 109.558 [46 CFR Part 147]............ Removal................................. Hazardous vessel's stores.

Sec. 109.583 [33 CFR Subchapter O]........ Removal................................. Pollution Prevention.

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

2020].

Sec. 190.01-13 [46 CFR Subchapter S, Removal................................. Watertight doors.

Subpart H].

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

Subpart 196.23 [33 CFR 81 and 33 U.S.C. Removal................................. Unauthorized lights.

2020].

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

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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 that

are typically exceeded by industry voluntarily, regulations that have

outlived their usefulness and requirements that result in inefficient

administrative procedures.

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

and 190.20 of 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

U.S. Code or the International Labor Office Merchant Shipping (Minimum

Standards) Convention, 1976 (ILO 147) to which the United States is

signatory.

As discussed above, the changes in this rulemaking remove or revise

those sections of the regulations that are unnecessarily detailed or

exceed the requirements of the U.S. Code or ILO 147 in order to make

the regulations more concise and consistent with the international

standard for on-board crew accommodations. Provisions that affect

shipboard safety are not being removed or revised.

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

command's responsibility to conduct drills and the prohibitions against

unauthorized lights, flashing blinding lights and unauthorized

whistling. Sections 35.25-1 of 46 CFR discusses the chief engineer's

responsibility to examine the boilers and report their condition.

Additionally, Secs. 78.57-1, 97.47-1, and 167.65-15 of 46 CFR require

mariners to strictly comply with routing instructions issued by

competent naval authorities. Each of these sections include phrases to

indicate that the master or 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 the these

sections. Phrases of this type are inconsistent with the President's

memorandum of March 4, 1995, directing 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 final rule removes or revises 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 46 CFR specify that the words ``Right rudder'' and ``Left

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

the head of the vessel move to the right or left, respectively.

Specifying the direction of the wheel, rudder or vessel intended by the

commands ``Right rudder'' and ``Left rudder'' is a detail that is not

necessary for professional seamen. It is the shared responsibility of

the helmsman and the deck officer or pilot to ensure that terminology

and orders are understood. Specifying commands in the regulations does

not diminish that responsibility. Therefore, these regulations are not

necessary and are being removed.

Sections 61.04-5 and 61.30-5 of 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. As discussed above, 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

significant safety issue. It is doubtful that a deck officer or other

person not familiar with machinery would be assigned to prepare

machinery for inspection because of the great potential for costly

delays. Also, other sections in the regulations impart ultimate

responsibility for the vessel's machinery to the chief engineer.

Therefore, regulations assigning the responsibility to prepare

machinery for inspection to the chief engineer are being removed.

Sections 54.01-1, 54.01-3, and 54.01-5 and table 54.01-5 of 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 create 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 not longer necessary and are being removed.

Part 153 of 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 is based primarily on a review of he

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

[[Page 25993]]

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.

The new procedure will 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 part as documentation that he 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 rule, only

those chemical tankers whose flag state is not signatory to MARPOL 73/

78 will require a detailed plan review by the MSC to be issued an SOE.

Following the plan review, the MSC will issue an SOE to these vessels

with the notation that the flag state is not signatory to MARPOL 73/78.

Therefore this final rule amends the review and issuance 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 final rule also allows the SOE to

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

The following table lists the sections that are affected by the

removal or revision of redundant information or inefficient

administrative procedures.

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Cite (46 CFR) CFR change Subject addressed by regulation

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Tank Vessels:

Subpart 32.40.......................... Revision................................ Accomodations.

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

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

Sec. 35.20-15......................... Removal................................. Steering orders.

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

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

Sec. 35.25-1.......................... Revision................................ Examination of boilers and machinery by engineer.

Pressure Vessels:

Sec. 54.01-1.......................... Revision................................ Heat exchangers.

Sec. 54.01-3.......................... Removal................................. Heat exchangers.

Sec. 54.01-5.......................... Revision................................ Heat exchangers.

Inspections 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. 78.57-1.......................... Revision................................ Routing instructions.

Cargo and Miscellaneous Vessels:

Subpart 92.20.......................... Revision................................ Accommodations.

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

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

Hazardous Cargoes:

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

Public School Ships:

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

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

Civilian Nautical School Ships:

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

Oceanographic Research Vessels:

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

Subpart 196.17......................... Removal................................. Steering orders.

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

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 46 CFR contain

requirements for firehose nozzles that are approved under 46 CFR

162.027. In 1994, as discussed above, the Coast Guard helped U.S.

nozzle manufacturers develop an ASTM standard for fire fighting

nozzles--ASTM F 1546-94, Fire Hose Nozzles. The standard was developed

for modern variable-flow or variable-pressure nozzles with the

expectation that it would eventually be incorporated into the

regulations. Testing conducted by the Coast Guard Research and

Development Center in

[[Page 25994]]

1988 demonstrated that 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 final rule replaces the current specifications for

firehose nozzles contained in subpart 162.027 with a reference to ASTM

F 1546-94 and allows the use of nozzles that meet the new subpart

162.027 in addition to nozzles previously approved under subpart

162.027.

Section 38.25-10 of 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 4 years. The ABS rules require testing and adjustment

every 5 years. The ABS rules with the longer testing interval, have

proven 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 ABS rules. These amendments have been made

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 when shipboard safety

is not affected. Therefore, this final rule changes the testing

interval for safety valves installed on pressure vessel type cargo

tanks from 4 years to 5 years to be consistent with international

standards and classification society rules.

Sections 56.30-25, 56.30-35, and 56.30-40 of 46 CFR contain

regulations for gasketed mechanical couplings and mechanically attached

fittings. In 1993, as discussed above, the Coast Guard and ASTM

developed ASTM standards F 1387-93 (Performance of Mechanically

Attached Fittings) and F 1476-93 (Performance of Gasketed Mechanical

Couplings for Use in Piping Applications) with the expectation that

they would eventually be incorporated into the regulations. Also, in

1994, ASTM F 1548-94 (the Performance of Fittings for Use with Gasketed

Mechanical Couplings Used in Piping Applications) was developed as a

companion standard for ASTM F 1476-93. This final rule incorporates

ASTM F 1387-93 into Sec. 56.35-30 and both ASTM F 1476-93 and ASTM F

1548-94 into Sec. 56.35-25, and clarifies the requirements for

mechanically attached fittings and gasketed mechanical couplings used

in piping applications.

As discussed above, Sec. 56.60-1 describes acceptable materials for

shipboard piping systems. Specifically, table 56.60-1(a) prohibits the

use of ductile iron conforming to ASTM standard A 536-83. However, the

specific grades of A 536-83 ductile iron referenced in ASTM F 1476-93

have a successful service history and have proven to be suitable for

shipboard use. Therefore, table 56.60-1(a) is revised to allow the use

of A 536-83 ductile iron for pipe fittings and valves. Additionally,

Sec. 56.60-15, which addresses the use of ductile iron in piping

systems, is being revised to allow the use of A 536-83 ductile iron.

Sections 58.30-5, 58.30-15, and 58.30-17 contain requirements for

the use of ferrous cast materials in hydraulic systems. Under the

current regulations, ferrous cast materials must exhibit at least 15

percent elongation in 50 millimeters (2 inches) when subjected to a

tensile test or pass an impact shock test to be considered ductile iron

and acceptable for use in hydraulic system components. As previously

mentioned, the Coast Guard prefers to retain an elongation requirement

for ductile iron while harmonizing with ABS requirements. Therefore,

the final rule revise Sec. 56.60-15 to include a requirement that

ductile irons exhibit 12 percent elongation in 50 millimeters (2

inches) under a tensile test without the option to pass an impact shock

test. As Sec. 58.30-15 references the requirements for ductile iron in

Sec. 56.60-2 and Sec. 56.60-15, the elongation and impact shock testing

provisions in Sec. 58.30-15 are no longer needed and are removed in the

final rule. The final rule also removes the references to Sec. 58.30-15

included in Secs. 56.60-10, 56.60-20, and 58.30-5 and the procedures

for impact shock testing in Sec. 58.30-17.

Section 58.30-15 also contains elongation and impact shock testing

requirements for cast aluminum alloys. As previously mentioned,

experience has shown that testing requirements for cast aluminum alloys

used in hydraulic components are no longer needed. Additionally,

removal of the testing requirements for cast aluminum alloys would

harmonize the regulations with ABS rules.

As a result of removing the testing requirements for cast aluminum

alloys in Sec. 58.30-15, footnote 16 of table 56.60-2(a), which

references the testing requirements of Sec. 58.30-15 and Sec. 58.30-17

is also being removed.

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

examination intervals. The current requirements for tailshaft

examination intervals are based on the type of lubricant used 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 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 final rule, 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 final rule incorporates ASTM D 665-92 into

the regulations and adds appropriate text into Sec. 61.20-17 explaining

the procedures for accepting water-miscible lubricants as equivalent to

oil. Additionally, this final rule clarifies the purpose of the

tailshaft lubricating oil analysis by explaining that the analysis is

to determine the presence of bearing material or other contaminants.

The following table lists the sections that are affected by the

removal or the revision of regulations that make a negligible

contribution to shipboard safety.

[[Page 25995]]

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

Cite (46 CFR) CFR change Subject addressed by regulation

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

Sec. 34.10-10............................. Revision................................ Firehose nozzles.

Sec. 34.10-90............................. Revision................................ Firehose nozzles.

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

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

Sec. 56.30-25............................. Revision................................ Flared, flareless and compression joints.

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

Sec. 56.30-40............................. Removal................................. Mechanically attached fittings.

Sec. 56.60-1.............................. Revision................................ Piping materials.

Sec. 56.60-2.............................. Revision................................ Piping materials.

Sec. 56.60-10............................. Revision................................ Cast iron.

Sec. 56.60-15............................. Revision................................ Ductile iron.

Sec. 56.60-20............................. Revision................................ Nonferrous materials.

Sec. 58.30-5.............................. Revision................................ Impact shock testing.

Sec. 58.30-15............................. Revision................................ Cast materials.

Sec. 58.30-17............................. Removal................................. Impact shock testing.

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

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

Sec. 76.10-10............................. Revision................................ Firehose nozzles.

Sec. 76.10-90............................. Revision................................ Firehose nozzles.

Sec. 95.10-10............................. Revision................................ Firehose nozzles.

Sec. 95.10-90............................. Revision................................ Firehose nozzles.

Sec. 108.425.............................. Revision................................ Firehose nozzles.

Subpart 162.027............................ Revision................................ Firehose nozzles.

Sec. 167.45-40............................ Revision................................ Firehose nozzles.

Sec. 193.10-10............................ Revision................................ Firehose nozzles.

Sec. 193.10-90............................ Revision................................ Firehose 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 46 CFR repeats the statutory language of 46

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

commercial vessels. however, section 527e of 46 U.S.C. was repealed on

August 10, 1971 (Pub. 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 and need not be repeated in the regulations.

Therefore, Sec. 26.15-1 is revised to remove the cite to the repealed

authorizing statute.

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

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

statutory requirements for making logbook entries. Subparts 78.03,

97.03, and 196.03 of 46 CFR repeat the possible consequences of a

violation of the provisions of 46 CFR and mariners' liability under the

suspension and revocation proceedings. Sections 167.65-3 and 196.27-10

of 46 CFR repeat the statutory language regarding negligent operations

of a vessel. Regulations that do not add meaning or additional

requirements to self-executing statutes are not useful. Therefore,

regulations that only repeat language or summarize requirements from

self-executing statutes are not necessary and are being removed or

revised.

The following table lists the sections that are affected by the

removal or revision of regulations that repeat statutory language.

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

Cite (46 CFR) CFR change Subject addressed 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.

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 Director of the Federal Register has approved the material in

Secs. 56.01-2, 61.03-1, and 162.027-1 for incorporation by reference

under 5 U.S.C. 552 and 1 CFR part 51. The material is available as

indicated in these sections.

Regulatory Evaluation

This final rule 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 11004,

February 26, 1979). The Coast

[[Page 25996]]

Guard expects the economic impact of this final rule to be so minimal

that a full Regulatory Evaluation under paragraph 10e of the regulatory

policies and procedures of DOT is unnecessary.

Small Entities

Although this final rule is intended to reduce regulatory burden by

eliminating redundancy and clarifying compliance requirements, it will

not have a significant economic impact on a substantial number of 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.

Additionally, any equipment previously approved under provisions of

the regulations being amended by this rule is still considered as

approved and need not obtain new approvals.

Therefore, the Coast Guard certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule

will not have a significant economic impact on a substantial number of

small entities.

Collection of Information

This final rule contains no new requirements for collection-of-

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

Federalism

The Coast Guard has analyzed this final rule under the principles

and criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this final

rule and concluded that, under paragraph 2.B.2 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 15

Reporting and recordkeeping requirements, Seamen, Vessels.

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, Incorporation by

reference.

46 CFR Part 58

Reporting and recordkeeping requirements, Vessels.

46 CFR Part 61

Reporting and recordkeeping requirements, Vessels, Incorporation by

reference.

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).

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, Incorporation by reference.

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 189

Marine safety, Oceanographic research vessels, Reporting and

recordkeeping requirements.

46 CFR Part 190

Fire prevention, Marine safety, Occupational safety and health,

Oceanographic research vessels.

[[Page 25997]]

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 amends 46

CFR parts 15, 26, 31, 32, 34, 35, 38, 54, 56, 58, 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 15--MANNING REQUIREMENTS

1. The authority citation for part 15 is revised to read as

follows:

Authority: 46 U.S.C. 2103, 3703, 8101, 8102, 8104, 8301, 8304,

8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 8905(b), 9102; 49

CFR 1.45 and 1.46.

PART 26--OPERATIONS

2. 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.

3. 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,

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

4. The authority citation for part 31 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 3703; 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]

5. 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

6. 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 issued

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

7. 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 meters (150 feet), a fixed means of facilitating communication

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

or side tunnels, must 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.

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 of

500 gross tons and over and certificated for service on the River St.

Lawrence eastward of the lower exit of the St. Lambert Lock at

Montreal, Canada, must 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 Intent--T/ALL.

32.40-10 Location of crew spaces--T/ALL.

32.40-15 Construction--T/ALL.

32.40-20 Sleeping accommodations--T/ALL.

32.40-25 Washrooms and toilet rooms--T/ALL.

32.40-30 Messrooms--T/ALL.

32.40-35 Hospital space--T/ALL.

32.40-40 Other spaces--T/ALL.

32.40-45 Lighting--T/ALL.

32.40-50 Heating and cooling--T/ALL.

32.40-55 Insect screens--T/ALL.

32.40-60 Crew accommodations on tankships of less than 100 gross

tons and manned tank barges--T/ALL.

32.40-65 Crew accommodations on tankships constructed before June

15, 1987--T/ALL.

Subpart 32.40--Accommodations for Officers and Crew

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

(a) The provisions of this subpart, except Sec. 32.40-60 and

Sec. 32.40-65, 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. 32.40-60.

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

15, 1987, must meet the requirements of Sec. 32.40-65.

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

The accommodations provided for officers and crew on all vessels

must be securely constructed, properly lighted, heated, drained,

ventilated, equipped, located, arranged and insulated from undue noise,

heat and odors.

Sec. 32.40-10 Location of crew spaces--T/ALL.

(a) Crew quarters must 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 meters (28 feet). For the purposes of this

paragraph, the vessel's length must be as defined in Sec. 43.15-1 of

subchapter E (Load Lines) of this chapter. Unless approved by the

Commandant, no section of the deck head of the crew spaces may be below

the deepest load line.

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

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

machinery spaces.

Sec. 32.40-15 Construction--T/ALL.

All crew spaces are to be constructed and arranged in a manner

suitable to the purpose for which they are intended and so that they

can be kept in a clean, workable and sanitary condition.

Sec. 32.40-20 Sleeping accommodations--T/ALL.

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

a separate stateroom.

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

rooms, no one of which may berth more than 4 persons.

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

square meters

[[Page 25998]]

(30 square feet) of deck area and a volume of at least 5.8 cubic meters

(210 cubic feet) for each person accommodated. The clear head room must

not be less than 190 centimeters (75 inches). 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 may be placed above another. The berth must be composed of

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

be less than 68 centimeters (27 inches) wide by 190 centimeters (75

inches) 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 centimeters (12 inches) above the deck. The berths must

not be obstructed by pipes, ventilating ducts, or other installations.

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

room.

Sec. 32.40-25 Washrooms and toilet rooms--T/ALL.

(a) At least 1 toilet, 1 washbasin, and 1 shower or bathtub must be

provided for each 8 members or portion thereof in the crew who do not

occupy sleeping accommodations to which private or semi-private

facilities are attached.

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

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

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

private or semi-private facilities.

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

adequate plumbing, including hot and cold running water. All toilets

must be installed with adequate plumbing for flushing.

(d) At least 1 washbasin must be fitted in each toilet room, except

where private or semi-private facilities are provided and washbasins

are installed in the sleeping rooms.

(e) Where more than 1 toilet is located in a space or compartment,

each toilet must be separated by partitions.

Sec. 32.40-30 Messrooms--T/ALL.

(a) Messrooms must be located as near to the galley as is

practicable except where the messroom is equipped with a steam table.

(b) Each messroom must seat the number of persons expected to eat

in the messroom at one time.

Sec. 32.40-35 Hospital space--T/ALL.

(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 12 or more, must be provided with a hospital space. This space

must be situated with due regard to the comfort of the sick so that

they may receive proper attention in all weathers.

(b) The hospital must be suitably separated from other spaces and

must be used for the care of the sick and for no other purpose.

(c) The hospital must be fitted with berths in the ratio of 1 berth

to every 12 members of the crew or portion thereof who are not berthed

in single occupancy rooms, but the number of berths need not exceed 6.

(d) The hospital must have a toilet, washbasin, and bathtub or

shower conveniently situated. Other necessary suitable equipment such

as a clothes locker, a table, and a seat must be provided.

Sec. 32.40-40 Other spaces--T/ALL.

Each vessel must have--

(a) Sufficient facilities where the crew may wash and dry their own

clothes, including at least 1 sink supplied with hot and cold fresh

water;

(b) Recreation spaces; and

(c) A space or spaces of adequate size available on an open deck to

which the crew has access when off duty.

Sec. 32.40-45 Lighting--T/ALL.

Each berth must have a light.

Sec. 32.40-50 Heating and cooling--T/ALL.

(a) All manned spaces must be adequately heated and cooled in a

manner suitable to the purpose of the space.

(b) The heating and cooling system for accommodations must be

capable of maintaining a temperature of 21 deg.C (70 deg.F) under

normal operating conditions without curtailing ventilation.

(c) Radiators and other heating apparatus must be so placed and

shielded, where necessary, to avoid risk of fire, danger or discomfort

to the occupants. Pipes leading to radiators or heating apparatus must

be insulated where those pipes create a hazard to persons occupying the

space.

Sec. 32.40-55 Insect screens--T/ALL.

Provisions shall be made to protect the crew quarters against the

admission of insects.

Sec. 32.40-60 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 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. 32.40-65 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 (Sec. 32.95-1)--[Removed]

10. Subpart 32.95 consisting of Sec. 32.95-1 is removed.

PART 34--FIRE FIGHTING EQUIPMENT

11. 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), (a)(1), (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) Approved fire extinguishing systems must be installed on all

tankships in the following locations. 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.

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

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

Where such 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 must 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 must be installed in

[[Page 25999]]

all lamp and paint lockers, oil rooms, and similar spaces.

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

system must 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,

table 34.10-10(E-1) is redesignated as table 34.10-(10)(E), 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 1 length of

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

stream and water spray firehose nozzle that meets the requirements in

subpart 162.027 of this chapter. Firehose 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 must be

provided. Hose racks on weather decks must be located to afford

protection from heavy seas. The hose must be stored in a location that

is readily visible.

(f) Each combination firehose 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 1 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. Firehose 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 firehose

nozzle required by paragraph (a)(10) of this section on each of the

following hydrants must have a low-velocity water-spray 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; and

(ii) At least 25 percent of other hydrants.

* * * * *

(b) * * *

(2) Each fire station hydrant must have at least 1 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. Firehose 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 firehose 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 34.10-10(E); and

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

16. Subpart 34.13 consisting of Sec. 34.13-1 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 (Secs. 34.55-1, 34.55-5 and 34.55-10)--[Removed]

17. Subpart 34.55 consisting of Secs. 34.55-1, 34.55-5 and 34.55-10

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. The official logbook is available free to masters of

U.S.-flag vessels from the officer in Charge, Marine Inspection, as

form CG-706B or CG-706C, depending on the number of persons employed in

the crew. 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 must be kept available for review by a

marine inspector for a period of 1 year after the date to which the

records refer. Separate records of tests and inspections of fire

fighting equipment must 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 consisting of Secs. 35.12-1 and 35.12-5 is

revised to read as follows:

Subpart 35.12--Placaid of Lifesaving Signals

Sec.

35.12-1 Application--T/OCLB.

35.12-5 Availability--T/OCLB.

[[Page 26000]]

Subpart 35.12--Placard of Lifesaving Signals

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

The provisions of this subpart apply to all vessels on an

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

in oceans, coastwise, or Great Lake service.

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

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

available to the deck officer of the watch a placard containing

instructions for the use of the lifesaving signals set forth in

regulations 16, chapter V, of the International Convention for Safety

of Life at Sea, 1974. These signals must 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--T/All.

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

any harbor limits of the United States.

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

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

It shall be the duty of an engineer when assuming charge of the

boilers to examine the same forthwith and thoroughly. If any part

thereof is found in bad condition, the engineer 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]

29. Section 35.30-45 is removed.

Subpart 35.70 (Sec. 35.70-1--35.70-35)--[Removed]

30. Subpart 35.70 consisting of Secs. 35.70-1 through 35.70-35 is

removed.

PART 38--LIQUEFIED FLAMMABLE GASES

31. 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.

32. 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 must 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, must be reset.

PART 54--PRESSURE VESSELS

33. The authority citation for part 54 continues 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]

34. 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]

35. Section 54.01-3 is removed.

Sec. 54.01-5 [Amended]

36. 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 designated as paragraph (d)(6) and footnote 8 is removed from

table 54.01-5(b).

PART 56--PIPING SYSTEMS AND APPURTENANCES

37. 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.

38. 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 Specification for Performance of

Mechanically Attached Fittings, including supplementary requirements

and annex--56.30-25

ASTM F 1476-93 Standard Specification for Performance of Gasketed

Mechanical Couplings for Use in Piping Applications, including

annex--56-30-35

ASTM F 1548-94 Standard specification for Performance of Fittings

for Use with Gasketed Mechanical Couplings for Use in Piping

Applications--56.30-35

* * * * *

39. Section 56.30-25 is revised to read as follows:

Sec. 56.30-25 Flared, flareless, and compression fittings.

(a) This section applies to pipe fittings that are mechanically

connected to pipe by such means as ferrules, flared ends, swaging,

elastic strain preload, crimping, bite-type devices, and shape memory

alloys. Fittings to which this section applies must be designed,

constructed, tested, and marked in accordance with ASTM F 1387-93.

Previously approved fittings may be retained as long as they are

maintained in good condition to the satisfaction of the Officer in

Charge, Marine Inspection.

(b) Flared, flareless and compression fittings may be used within

the service limitations of size, pressure, temperature, and vibration

recommended by the manufacturer and as specified in this section.

(c) Flared, flareless, and compression type tubing fittings may be

used for tube sizes not exceeding 50 millimeters (2 inches) outside

diameter within the limitations of applicable standards and

specifications listed in this section and Sec. 56.60-1 of this part.

(d) Flareless fittings must be of a design in which the gripping

member or sleeve must grip or bite into the outer surface of the tube

with sufficient strength to hold the tube against pressure, but without

appreciably distorting the inside tube diameter or reducing the wall

thickness. The gripping member must also form a pressure seal against

the fitting body.

(e) For fluid services, other than hydraulic systems, using a

combustible fluid as defined in Sec. 30.10-15 of this chapter and for

fluid services using a flammable fluid as defined in Sec. 30.10-22 of

this chapter, flared fittings must be used; except that flareless

fittings of the nonbite type may be used when the tubing system is of

steel, nickel cooper, or copper zinc alloy. When using copper or

copper-zinc alloy, flared fittings are required. (See also Sec. 56.50-

70 for gasoline fuel systems, Sec. 56.60-75 for

[[Page 26001]]

diesel fuel systems, and Sec. 58.25-20 for hydraulic systems for

steering gear.)

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

Sec. 56.30-35 Gasketed mechanical couplings.

(a) This section applied to pipe fittings that form a seal by

compressing a resilient gasket onto the pipe joint primarily by

threaded fasteners and where joint creep is only restricted by such

means as machined grooves, centering pins, or welded clips. Fittings to

which this section applies must be designed, constructed, tested, and

marked in accordance with ASTM F 1476-93 and ASTM F 1548-94. Previously

approved fittings may be retained as long as they are maintained in

good condition to the satisfaction of the Officer in Charge, Marine

Inspection.

(b) Gasketed mechanical couplings may be used within the service

limitations of pressure, temperature and vibration recommended by the

manufacturer, except that gasketed mechanical couplings must not be

used in--

(1) Any location where leakage, undetected flooding or impingement

of liquid on vital equipment may disable the vessel; or

(2) In tanks where the liquid conveyed in the piping system is not

chemically compatible with the liquid in the tank.

(c) Gasketed mechanical couplings must not be used as expansion

joints. Positive restraints must be included, where necessary, to

prevent the coupling from creeping on the pipe and uncovering the

joint. Bite-type devices do not provide positive protection against

creep and are generally not accepted for this purpose. Machined

grooves, centering pins, and welded clips are considered positive means

of protection against creep.

Sec. 56.50-100 [Removed]

41. Section 56.50-100 is removed.

Sec. 56.60-1 [Amended]

42. In Sec. 56.60-1, table 56.60-(a), the table's heading is

revised and an entry for ASTM A 536-83 ductile iron and footnote \20\

are added to ``Castings \13\ iron:'' to read as follows:

Table 56.60-1(a)--ADOPTED SPECIFICATIONS AND STANDARDS (REPLACES TABLE

126.1)

* * * * *

A 536 Ductile iron--See footnote 20--(\20\).

* * * * *

\20\ Limited to pipe fittings and valves. See Sec. 56.60-15(d) for

additional information.

Sec. 56.60-2 [Amended]

43. In Sec. 56.60-2, table 56.60-2(a), footnote 16 and the

references to footnote 16 for B26 and B85 castings are removed.

Sec. 56.60-10 [Amended]

44. In Sec. 56.60-10, paragraph (d) is removed.

45. In Sec. 56.60-15, paragraph (b) introductory text, is revised

and a new paragraph (d) is added to read as follows:

Sec. 56.60-15 Ductile iron.

* * * * *

(b) Ductile iron castings conforming to ASTM A 395 may be used in

hydraulic systems at pressures in excess of 7500 kilopascals (1000

pounds per square inch) gage, provided the following:

* * * * *

(d) Ductile iron castings exhibiting less than 12 percent

elongation in 50 millimeters (2 inches) when subjected to a tensile

test must meet the requirements for cast iron in this part.

Sec. 56.60-20 [Amended]

46. In Sec. 56.60-20, paragraph (b) is removed, the designation

``(a)'' is removed from paragraph (a), and paragraphs (a)(1) through

(a)(4) are redesignated as paragraphs (a) through (d).

PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS

47. The authority citation for part 58 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.

48. In Sec. 58.30-5, paragraph (a) is revised to read as follows:

Sec. 58.30-5 Design requirements.

(a) The requirements of part 56 are also applicable to piping and

fittings in fluid power and control systems listed in Sec. 58.30-1 of

this part, except as modified herein. The designer should consider the

additional pressure due to hydraulic shock and should also consider the

rate of pressure rise caused by hydraulic shock.

* * * * *

Sec. 58.30-15 [Amended]

49. In Sec. 58.30-15, paragraph (f) is removed and paragraph (g) is

redesignated as paragraph (f).

Sec. 58.30-17 [Removed]

50. Section 58.30-17 is removed.

PART 61--PERIODIC TESTS AND INSPECTIONS

51. The authority citation for part 61 continues to read as

follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O.

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

52. Subpart 61.03, consisting of Sec. 61.03-1, 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 under 5

U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that

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

publish a notice of change in the Federal Register and the material

must be available to the public. All approved material available for

inspection at the Office of the Federal Register, 800 North Capital

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 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 as follows:

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]

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

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

54. 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 5

year period. No more than 3 years may elapse between any 2 tailshaft

examinations.

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

examined once every 5 years.

[[Page 26002]]

(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 5 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) of this section 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 5 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]

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

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

PART 72--CONSTRUCTION AND ARRANGEMENT

56. 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]

57. Section 72.05-60 is removed.

58. Subpart 72.20 is revised to read as follows:

Subpart 72.20--Accomodations 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 and cooling.

72.20-55 Insect screens.

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

Subpart 72.20--Accommodations for Officers and Crew

Sec. 72.20-1 Application.

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

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

before November 19, 1952, must meet the requirements of Sec. 72.20-90.

Sec. 72.20-5 Intent.

Accomodations provided for officers and crew on all vessels shall

be securely constructed, properly lighted, heated, drained, ventilated,

equipped, located, arranged, and insulated from undue noise, heat, and

odors.

Sec. 72.20-10 Location of crew spaces.

(a) Crew quarters must 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 meters (28 feet). For the purpose of this

paragraph, the vessel's length must be as defined in Sec. 43.15-1 of

subchapter E (Load Lines) of this chapter. Unless approved by the

Commandant, no section of the deck head of the crew spaces may be below

the deepest load line.

(b) There must 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 and arranged in a manner

suitable to the purpose for which they are intended and so that they

can be kept in a clean, workable, and sanitary condition.

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 must be divided into

rooms, no one of which shall berth more than 4 persons.

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

square meters (30 square feet) of deck area and a volume of at least

5.8 cubic meters (210 cubic feet) for each person accommodated. The

clear head room shall be not less than 190 centimeters (75 inches). 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 persons shall have a separate berth and not more than one

berth may be placed above another. The berth must be composed of

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

be less than 68 centimeters (27 inches) wide by 190 centimeters (75

inches) 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 centimeters (12 inches) above the deck. The berths must

not be obstructed by pipes, ventilating ducts, or other installations.

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

room.

Sec. 72.20-25 Washrooms and toilet rooms.

(a) There must be at least 1 toilet, 1 washbasin, and 1 shower or

bathtub for each 8 members or portion thereof in the crew who do not

occupy sleeping accommodations 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 must

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

private or semi-private facilities.

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

adequate plumbing, including hot and cold running water. All toilets

must be installed with adequate plumbing for flushing.

(d) At least 1 washbasin must be fitted in each toilet room, except

where private or semi-private facilities are provided and washbasins

are installed in the sleeping rooms.

(e) Where more than 1 toilet is located in a space or compartment,

each toilet must be separate by partitions.

[[Page 26003]]

Sec. 72.20-30 Messrooms.

(a) Messrooms must be located as near to the galley as practicable

except where the messroom is equipped with a steam table.

(b) Each messroom must seat the number of persons expected to eat

in the messroom 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 12 or more, must be provided with a hospital space. This space

must be situated with due regard to the comfort of the sick so that

they may receive proper attention in all weathers.

(b) The hospital must be suitably separated from other spaces and

must be used for the care of the sick and for no other purpose.

(c) The hospital must be fitted with berths in the ratio of 1 berth

to every 12 members of the crew, or portion thereof, who are not

berthed in single occupancy rooms, but the number of berths need not

exceed 6.

(d) The hospital must have a toilet, washbasin, and bathtub or

shower conveniently situated. Other necessary suitable equipment such

as a clothes locker, a table, and a seat must be provided.

Sec. 72.20-40 Other spaces.

Each vessel must have--

(a) Sufficient facilities where the crew may wash and dry their own

clothes, including at least 1 sink supplied with hot and cold fresh

water;

(b) Recreation spaces; and

(c) A space or spaces of adequate size on an open deck to which the

crew has access when off duty.

Sec. 72.20-45 Lighting.

Each berth must have a light.

Sec. 72.20-50 Heating and cooling.

(a) All manned spaces must be adequately heated and cooled in a

manner suitable to the purpose of the space.

(b) The heating and cooling system for accommodations must be

capable of maintaining a temperature of 21 deg.C (70 deg.F) under

normal operating conditions without curtailing ventilation.

(c) Radiators and other heating apparatus must be so placed and

shielded, where necessary, to avoid risk of fire, danger or discomfort

to the occupants. Pipes leading to radiators or heating apparatus must

be insulated where those pipes create a hazard to persons occupying the

space.

Sec. 72.20-55 Insect screens.

Provisions must 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, must 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.

(2) 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, must 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 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.

(2) Where reasonable and practicable, a minimum of 1 toilet,

shower, and washbasin must be provided for each 10 members of the crew

or fraction thereof.

(3) Crew spaces must have a volume of at least 3.4 cubic meters

(120 cubic feet) and a deck area of at least 1.5 square meters (16

square feet) for each person accommodated.

(4) Each crewmember shall have a separate berth, and berths may not

be placed more than 2 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 12 or more persons, must be provided with a suitable hospital

space for the exclusive use of the sick or injured. Berths must be

provided in the ratio of 1 berth for each 12 members of the crew or

fraction thereof, but the number of berths need not exceed 6.

(6) The crew spaces must be securely constructed, properly lighted,

heated, drained, ventilated, equipped, located, and arranged, and,

practicable, must 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, must 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 good condition to the satisfaction of the

Office in Charge, Marine Inspection. Minor repairs and alterations may

be made to the same standard as the original construction.

(2) There must be a minimum of 1 toilet, 1 shower, and 1 washbasin

for each 8 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, must be equipped with adequate plumbing, including hot and

cold running water.

(3) Crew spaces must have a volume of at least 3.4 cubic meters

(120 cubic feet) and a deck of at least 1.5 square meters (16 square

feet) 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 12 or more persons, must be provided with a suitable hospital

space for the exclusive use of the sick or injured. Berths must be

provided in the ratio of 1 berth for each 12 members of the crew or

fraction thereof, but the member of berths need not exceed 6.

(6) The crew spaces must be securely constructed, properly lighted,

heated, drained, ventilated, equipped, located, and arranged, and,

where practicable, must be insulated from undue noise heat, and odors.

PART 76--FIRE PROTECTION EQUIPMENT

59. The authority citation for part 76 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.

60. Section 76.05-20 is revised to read as follows:

Sec. 76.05-20 Fixed fire extinguishing systems.

Approved fire extinguishing systems must 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 subpart persons. Previously

approved installations may be retained as long as they are maintained

in good condition

[[Page 26004]]

to the satisfaction of the Officer in Charge, Marine Inspection.

Sec. 76.05-30 [Removed]

61. Section 76.05-30 is removed.

62. In Sec. 76.10-10, paragraphs (j-1), (j-2), and (l) are removed,

paragraph (k) is redesignated as paragraph (m), paragraph (j) is

revised, and new paragraphs (k), (l), and (n) are added to read as

follows:

Sec. 76.10-10 Fire hydrants and hose.

* * * * *

(j) Each firehose on each hydrant must have a combination solid

stream and water spray firehose nozzle that meets the requirements in

subpart 162.027 of this chapter. Firehose 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) Firehose nozzles previously approved under subpart 162.027 of

this chapter must have low-velocity water spray applicators also

previously approved under subpart 162.027 of this chapter as follows--

(1) In accommodation and service areas--two firehoses; and

(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 firehose.

The length of each applicator must be not more than 1.8 meters (6

feet).

(l) 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.

* * * * *

(n) Firehose and couplings must be as follows:

(1) Couplings must be of brass, bronze, or other equivalent metal.

National Standard firehose coupling threads must be used for the 38

millimeters (1\1/2\ inch) and 64 millimeters (2\1/2\ inch) sizes.

(2) Each section of firehose must be lined commercial firehose that

conforms to Underwriters' Laboratories, Inc. Standard 19 or Federal

Specification ZZ-H-451E. Hose that bears the label of Underwriters'

Laboratories, Inc. as lined firehose is accepted as conforming to this

requirement.

63. 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, 1995.

(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)

64. Subpart 76.13 consisting of Sec. 76.13-1 is revised to read as

follows:

Subpart 76.13--Steam 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

65. 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.

66. 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 to

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, must be fitted with an efficient

electronic deep-sea sounding apparatus.

PART 78--OPERATION

67. The authority citation for part 78 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.

Subpart 78.03 (Sec. 78.03-1)--[Removed]

68. Subpart 78.03 consisting of Sec. 78.03-1 is removed.

Subpart 78.20 (Sec. 78.20-1)--[Removed]

69. Subpart 78.20 consisting of Sec. 78.20-1 is removed.

Subpart 78.25 (Sec. 78.25-1)--[Removed]

70. Subpart 78.25 consisting of Sec. 78.25-1 is removed.

71. Subpart 78.35 consisting of Sec. 78.35-1 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 meters (150 feet) a fixed

means of facilitating communication between both ends of the vessel,

such as a raised fore and aft bridge or side tunnels, must be provided.

Previously approved arrangements may be retained so long as they are

maintained in good condition to the satisfaction of the Officer in

Charge, Marine Inspection.

72. 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 must be kept available for review by a

marine inspector for a period of 1 year after the date to which the

records refer. Separate records of tests and inspections of fire

fighting equipment must be maintained with the vessel's logs for the

period of validity of the vessel's certificate of inspection.

Sec. 78.47-67 [Removed]

73. Section 78.47-67 is removed.

74. Subpart 78.53 consisting of 78.53-1 and 78.53-5 is revised to

read as follows:

Subpart 78.53--Placard of Lifesaving Signals

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 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.

[[Page 26005]]

Sec. 78.53-5 Availability.

On all vessels to which this subpart applies there must 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 must be used by vessels or persons in

distress when communicating with lifesaving stations and maritime

rescue units.

75. 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 strictly comply with routing instructions issued

by competent naval authority.

Subpart 78.5 (Sec. 78.75-1)--[Removed]

76. Subpart 78.75 consisting of Sec. 78.75-1 is removed.

Subpart 78.80 (Sec. 78.80-1--78.80-35)--[Removed]

77. Subpart 78.80 consisting of Sec. 78.80-1 through78.80-35 is

removed.

Sec. 78.83-1 [Amended]

78. In Sec. 78.83-1, paragraph (a) is amended by removing the

phrase, ``(other than power-operated industrial trucks when subject to

subpart 78.80 of this part)''.

Subpart 78.85 (Sec. 78.85-1)--[Removed]

79. Subpart 78.85 consisting of Sec. 78.85-1 is removed.

PART 92--CONSTRUCTION AND ARRANGEMENT

80. The authority citation for part 92 continues to read as

follows:

Authority: 46 U.S.C. 3306; 5115; E.O. 12234, 45 FR 58801, 3 CFR,

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

Sec. 92.01-13 [Removed]

81. Section 92.01-13 is removed.

82. 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.

92.20-35 Hospital space.

92.20-40 Other spaces.

92.20-45 Lighting.

92.20-50 Heating and cooling.

92.20-55 Insect screens.

92.20-90 Vessels contracted for prior to November 19, 1952.

Subpart 92.20--Accommodations for Officers and Crew

Sec. 92.20-1 Application.

(a) The provisions of this subpart 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 must meet the requirements of Sec. 92.20-90.

(b) Vessels of less than 100 gross tons must 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 must be securely constructed,

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

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

Sec. 92.20-10 Location of crew spaces.

(a) Crew quarters must 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 meters (28 feet). For the purposes of this

paragraph, the vessel's length must be as defined in Sec. 43.15-1 of

subchapter E (Load Lines) of this chapter. Unless approved by the

Commandant, no section of the deck head of the crew spaces may be below

the deepest load line.

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

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

or machinery spaces.

Sec. 92.20-15 Construction.

All crew spaces are to be constructed and arranged in a manner

suitable to the purpose for which they are intended and so that they

can be kept in a clean, workable, and sanitary condition.

Sec. 92.20-20 Sleeping accommodations.

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

a separate stateroom.

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

rooms, no one of which shall berth more than 4 persons.

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

square meters (30 square feet) of deck area and a volume of at least

5.8 cubic meters (210 cubic feet) for each person accommodated. The

clear head room must be not less than 190 centimeters (75 inches). 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 may be placed above another. The berth must be composed of

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

be less than 68 centimeters (27 inches) wide by 190 centimeters (75

inches) long, except by special permission of the Commandant. Where 2

tiers of berths are fitted, the bottom of the lower berth must not be

less than 30 centimeters (12 inches) above the deck. The berths must

not be obstructed by pipes, ventilating ducts, or other installations.

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

room.

Sec. 92.20-25 Washrooms and toilet rooms.

(a) There must be provided at least 1 toilet, 1 washbasin, and 1

shower or bathtub for each 8 members or portion thereof in the crew who

do not occupy rooms to which private or semi-private facilities are

attached.

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

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

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

adequate plumbing, including hot and cold running water. All toilets

must be installed with adequate plumbing for flushing.

(d) At least 1 washbasin must be fitted in each toilet room, except

where private or semi-private facilities are provided and washbasins

are installed in the sleeping rooms.

(e) Where more than 1 toilet is located in a space or compartment,

each toilet must be separated by partitions.

Sec. 92.20-30 Messrooms.

(a) Messrooms must be located as near to the galley as is

practicable except where the messroom is equipped with a steam table.

(b) Each messroom must seat the number of persons expected to eat

in the messroom at one time.

Sec. 92.20-35 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 12 or

[[Page 26006]]

more, must be provided with a hospital space. This space must be

situated with due regard to the comfort of the sick so that they may

receive proper attention in all weathers.

(b) The hospital must be suitably separated from other spaces and

must be used for the care of the sick and for no other purpose.

(c) The hospital must be fitted with berths in the ratio of 1 berth

to every 12 members of the crew or portion thereof who are not berthed

in single occupancy rooms, but the number of berths need not exceed 6.

(d) The hospital must have a toilet, washbasin, and bathtub or

shower conveniently situated. Other necessary suitable equipment such

as a clothes locker, a table, and a seat shall be provided.

(e) On vessels in which the crew is berthed in single occupancy

rooms, a hospital space will not be required, provided that one room is

designated and fitted for use as a treatment or isolation room. This

room must 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.

Each vessel must have--

(a) Sufficient facilities where the crew may wash and dry their own

clothes, inducing at least 1 sink supplied with hot and cold fresh

water;

(b) Recreation spaces; and

(c) A space or spaces of adequate size on an open deck to which the

crew has access when off duty.

Sec. 92.20-45 Lighting.

Each berth must have a light.

Sec. 92.20-50 Heating and cooling.

(a) All manned spaces must be adequately heated and cooled in a

manner suitable to the purpose of the space.

(b) The heating and cooling system for accommodations must be

capable of maintaining a temperature of 21 deg. C (70 deg. F) under

normal operating conditions without curtailing ventilation.

(c) Radiators and other heating apparatus must be so placed and

shielded, where necessary, to avoid risk of fire, danger, or discomfort

to the occupants. Pipes leading to radiators or heating apparatus must

be insulated where those pipes create a hazard to persons occupying the

space.

Sec. 92.20-55 Insect screens.

Provisions must 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, must meet the general intent of Sec. 92.20-5 and in

addition must 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.

(2) Minor repairs and alterations 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, must meet the following requirements:

(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.

(2) 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. 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, must meet the following

requirements:

(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.

(2) 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 12 or more persons, must be provided with a suitable hospital

space for the exclusive use of the sick or injured.

(3) The crew spaces must be securely constructed, properly lighted,

heated, drained, ventilated, equipped, located, arranged, and insulated

from undue noise, heat, and odors.

(d) Vessels of 100 gross tons and over, contracted for on or after

January 1, 1941, but prior to November 19, 1952, must meet the

following requirements:

(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.

(2) Washbasins, showers, and bathtubs if substituted for showers,

must be equipped with adequate plumbing including hot and cold running

water.

(3) Each crewmember must have a separate berth, and berths may not

be placed more than 2 high.

(4) 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 12 or more persons, must 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 12 members of the crew or

fraction thereof, but the number of berths need not exceed 6.

(5) The crew spaces must be securely constructed, properly lighted,

heated, drained, ventilated, equipped, located, arranged, and insulated

from undue noise, heat, and odors.

PART 95--FIRE PROTECTION EQUIPMENT

83. 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.

84. In Sec. 95.05-10, paragraph (g) is removed and paragraphs (a),

introductory text, (b) and (c) are revised to read as follows:

Sec. 95.05-10 Fixed fire extinguishing systems.

(a) Approved fire extinguishing systems may be used or required in

locations delineated in this section on the following vessels.

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.

* * * * *

(b) A fixed carbon dioxide or other approved system must be

installed in all cargo compartments and tanks for combustible cargo,

except for vessels engaged exclusively in the carriage of coal or grain

in bulk. For cargo compartments and tanks fitted with a fixed carbon

dioxide or other approved system a deck foam system is not required,

instead of the carbon dioxide system or other approved system, the

following systems may be used or required in special cases:

[[Page 26007]]

(1) A fixed foam system may be used in cargo tanks.

(2) A water sprinkling system may be required, and the details of

such system will be subject to special approval, in cases where a cargo

is normally accessible and is considered to be a part of the working or

living quarters.

(3) Spaces ``specially suitable for vehicles'' must be fitted with

an approved carbon dioxide system. Alternately, the Commandant may

permit the installation of an approved water sprinkler system or other

suitable syste

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