# Adoption of Industry Standards

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A96-12428

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** May 23, 1996
- **Citation:** 61 FR 25984

## Text

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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Cite (46 CFR) CFR change Subject addressed by regulation
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Cite (46 CFR) CFR change Subject addressed by regulation
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 p

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-12428. Public record. Not legal advice.