Harmonization With International Safety Standards

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 155 and 159

46 CFR Parts 2, 3, 4, 6, 7, 10, 12, 15, 16, 24, 25, 26, 28, 30, 31,

32, 34, 35, 39, 50, 56, 58, 61, 63, 68, 69, 70, 71, 72, 76, 77, 78,

80, 90, 91, 92, 93, 95, 96, 97, 105, 108, 109, 147A, 148, 150, 151,

153, 154, 159, 160, 164, 166, 167, 168, 170, 172, 188, 189, 193,

195, 196, and 197

[CGD 95-028]

RIN 2115-AF10

Harmonization With International Safety Standards

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: As part of its ongoing response to the President's Regulatory

Reinvention Initiative, the Coast Guard proposes to amend its

regulations for both inspected and uninspected vessels by removing

obsolete, unnecessary and excessive provisions and to harmonize

regulations with international safety standards. The Coast Guard

expects these amendments will reduce the regulatory burden to industry

by removing 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 responsible foreign nations.

DATES: Comments must be received on or before January 21, 1996.

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

Safety Council (G-LRA/3406) (CGD 95-028), U.S. Coast Guard

Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may

be delivered to room 3406 at the same address between 9:30 a.m. and 2

p.m., Monday through Friday, except Federal holidays. The telephone

number is (202) 267-1477.

The Executive Secretary maintains the public docket for this

rulemaking. Comments will become part of this docket and will be

available for inspection or copying at room 3406, U.S. Coast Guard

Headquarters, between 9:30 a.m. and 2 p.m., Monday through Friday,

except Federal holidays.

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

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

Guard Headquarters.

FOR FURTHER INFORMATION CONTACT: ENS Maggie McGowan, Project Manager,

LCDR R. K. Butturini, Project Engineer, Office of Design and

Engineering Standards (G-MSE), U.S. Coast Guard, 2100 Second Street

SW., Washington, DC 20593-0001, telephone (202) 267-2206.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

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

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD 95-028) and the specific section of this

proposal to which each comment applies, and give the reason for each

comment. Please submit two copies of all comments and attachments in an

unbound format, no larger than 8 by 11 inches, suitable for copying and

electronic filing. Persons wanting acknowledgment of receipt of

comments should enclose stamped, self-addressed postcards or envelopes.

The Coast Guard will consider all comments received during the

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

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

discuss the Coast Guard's overall regulations and the regulatory

process. The relevant comments received at the hearing or in response

to the hearing notice have been considered for the changes included in

this document. The Coast Guard held another public meeting on February

9, 1996 (60 FR 65988) to further discuss Coast Guard regulations and

the changes discussed in a notice of proposed rulemaking (NPRM) of

December 20, 1995 (60 FR 65988). As that NRPM also related to removal

or revision of obsolete, unnecessary or excessive regulations and

harmonization with international safety standards, relevant comments

received at that hearing were considered in drafting the changes

proposed in this document. Another public meeting to discuss the

proposed changes in this rulemaking is not planned at this time.

Background and Purpose

This proposal has been sparked by several 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 coincided with U.S. maritime

industry requests for greater alignment of Coast Guard regulations with

internationally accepted standards to reduce cost disadvantages 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 an impetus for the

harmonization of regulations with appropriate, successful international

safety standards. Additionally, the Coast Guard recognizes the need to

eliminate outdated regulations and to increase available compliance

options for the regulated community. 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 these goals and respond to calls for regulatory

reform, the Coast Guard expanded its ongoing Coast Guard Regulatory

Reform (CGRR) initiative. Under CGRR, the Coast Guard is examining ways

to remove disincentives for ship owners to fly the

[[Page 58805]]

American flag, while also ensuring the marine environment is protected.

The Coast Guard is doing this principally by making existing

regulations more efficient and, wherever possible, aligning U.S. marine

safety regulations with internationally accepted standards.

As part of the Coast Guard Regulatory Reform initiative, the Coast

Guard has initiated three regulatory projects to remove unnecessary and

excessive provisions from Coast Guard regulations. The first of these

projects, ``Inspected and Uninspected Commercial Vessels; Removal of

Obsolete and Unnecessary Regulations,'' had a final rule 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 requirements for nuclear vessels, ocean incinerator

ships and ocean thermal energy conversion plantships. The second

project, ``Adoption of Industry Standards,'' had a final rule published

in the May 23, 1996 Federal Register (61 FR 25984). That rule made more

substantial changes, removing or amending unnecessary provisions and

adopting appropriate industry standards and practices in place of Coast

Guard specific requirements.

This rulemaking, the third project, continues the Coast Guard's

effort to reform its regulations. These proposed changes, if adopted,

will remove superfluous and outdated requirements and align the

regulations more closely with international standards.

Discussion of Proposed Rules

A number of comprehensive regulatory projects have already aligned

many Coast Guard regulations with international standards. In addition

to the two final rules already issued in this series, other projects

have resulted in rules that align both U.S. lifesaving equipment

regulations (61 FR 25272) and electrical engineering regulations (61 FR

28260) with international standards.

Both inspected and uninspected commercial vessels will be affected

by this project. No phase-in period is considered necessary as this

rule is not imposing new requirements.

The following discussion identifies the sections affected by this

proposed rule and explains the reasons they are being revised. The

discussion is divided by category. All references are to the 1995

edition of Titles 33 and 46 of the Code of Federal Regulations.

Amendments Which Incorporate Standards by Reference

The Coast Guard has systematically incorporated industry consensus

standards in place of detailed regulations for over 20 years. This

approach allows industry greater participation in the regulatory

process, standardizes many safety processes, saves plan review time for

industry and government, and makes the regulations more concise.

Industry standards, such as those developed by the National Fire

Protection Association (NFPA) or the American Society of Mechanical

Engineers (ASME), are developed by technical committees composed of

representatives from a cross section of interest groups affected by the

standard. The Coast Guard monitors the incorporation of safety and

regulatory concerns in the standards through Coast Guard representation

on the technical committees which develop the industry standards.

Increasingly, the Coast Guard is also incorporating International

Maritime Organization (IMO) resolutions by referencing them in Coast

Guard regulations and referring to applicable International Convention

for the Safety of Life at Sea (SOLAS) regulations in the Coast Guard's

own regulations. The IMO, of which the U.S. is a member, is a

specialized agency of the United Nations. First formed in 1948, the IMO

is dedicated to the promotion of marine safety and environmental

protection throughout the world and has been the body responsible for

the achievement of a number of conventions and other agreements to help

achieve its goals. Two of the primary conventions or treaties which

have resulted from the IMO's efforts are the SOLAS Convention and the

Convention for the Prevention of Pollution from Ships (MARPOL). The

U.S. is signatory to and has ratified both of these Conventions. This

means that these Conventions are U.S. law and, to the extent required

by the conventions, U.S.-flagged vessels must comply with the

provisions of these and all other conventions similarly ratified.

The term U.S. flag, or U.S. flagged, when applied to vessels,

refers to those vessels which are registered in the U.S. These vessels

are subject to U.S. laws, including applicable Coast Guard promulgated

regulations. As discussed above, since the U.S. is bound by SOLAS and

MARPOL, vessels which are registered in the U.S. must comply with the

SOLAS and MARPOL Conventions, when applicable. SOLAS is applicable to

all vessels during an international voyage. To demonstrate compliance

with SOLAS, vessels must obtain a SOLAS certificate. Inspected vessels

which are registered in the U.S. must also obtain a Certificate of

Inspection, to demonstrate compliance with U.S. laws and Coast Guard

regulations.

The purpose of both Coast Guard and SOLAS regulations is to ensure

safety. After comparing the current Coast Guard requirements to current

SOLAS requirements, the Coast Guard determined that in many respects

SOLAS regulations and Coast Guard regulations provide an equivalent

level of safety. SOLAS, however, uses a different approach in writing

regulations, including the use of different units of measure and

different testing procedures. Meeting two different standards, though

similar, could be burdensome to U.S. flag SOLAS certificated vessels.

Therefore, the Coast Guard is proposing to incorporate IMO Resolutions

and industry standards by reference into Coast Guard regulations in

place of the current Coast Guard requirements and to refer to SOLAS

requirements where possible in the regulations without degrading

safety. This approach will relieve U.S. flagged vessels of the burden

of meeting two different standards while still ensuring safety. This

will not create any new burdens on industry because references to SOLAS

or international standards have been limited to those areas in which

the requirements of SOLAS or the applicable standard are equivalent or

less restrictive than current Coast Guard regulations or in which the

Coast Guard regulations only apply to vessels undertaking an

international voyage, and therefore SOLAS is applicable. For other

cases, compliance with only SOLAS requirements has been offered as one

option to achieve compliance.

33 CFR 155.140 and 155.235.

Current Coast Guard regulations incorporate IMO Resolution

A.535(13), Recommendations on Emergency Towing Requirements for

Tankers, November 17, 1983, by reference. On May 20, 1994, IMO adopted

revised guidance on this issue, IMO Resolution MSC.35(63), Adoption of

Guidelines for Emergency Towing Arrangements on Tankers. The Coast

Guard proposes to amend 33 CFR 155.140 by incorporating MSC.35(63) in

place of its predecessor Resolution A.535(13), and Sec. 155.235 by

changing the IMO standard referenced to the current IMO Resolution

MSC.35(63).

Additionally, as a signatory government to SOLAS 1974, the Coast

Guard is revising Sec. 155.235 to reflect the amendments of SOLAS 1974,

as amended 1994, chapter V, regulation

[[Page 58806]]

15-1. These changes will further reduce the risk of pollution. Section

155.235 only applies to oil tankers as defined in part 33 CFR 155.200.

These sections were also under revision in CGD 90-068 for which an

interim final rule was published on December 22, 1993 (58 FR 67988).

Due to the development of IMO Resolution MSC.35(63), and the scope of

this NPRM, it was determined that these sections would be addressed in

this rulemaking and not in CGD 90-068.

46 CFR Subpart 32.53

The Coast Guard has determined that applicable SOLAS provisions

regarding inert gas systems are equivalent to current Coast Guard

regulations in terms of safety and operating requirements. Therefore,

the Coast Guard proposes to incorporate SOLAS Chapter II-2 Regulation

62, containing the SOLAS requirements for inert gas systems, by

reference in Subpart 32.53 and remove the current sections of Subpart

32.53 which duplicate SOLAS requirements.

Subparts 34.30, 76.25, 95.30 and 193.30 and Secs. 34.01-15, 35.01-

3, 35.10-3, 76.01-2, 78.45-1, 95.01-2, 97.36-1, 108.430, 109.105,

109.563, 193.01-3, 193.30-1

The current Coast Guard regulations concerning automatic sprinkler

systems describe the manner of installation of sprinkler systems if a

system is required or installed. The current regulations do not include

the advancements in sprinkler system technology and efficiency that

have occurred during the past several decades. The current sprinkler

regulations do not include new technologies such as quick response

sprinkler heads, hydraulic calculation techniques for water flow, and

provisions for nonmetallic piping. National Fire Protection Association

Standard, NFPA 13, Standard for the Installation of Sprinkler Systems,

is an established standard recently revised to include marine

applications. NFPA 13 includes these new technologies as well as

alternative system layouts and multiple occupancy classifications. The

flexibility enhances vessel safety by providing the ability to design a

sprinkler system that can meet any particular fire challenge that might

be found on board a vessel. Therefore, the proposed rules, if adopted,

would incorporate the National Fire Protection Association standard,

NFPA 13-1996, into the regulations. The adoption of NFPA 13-1996 will

not place a burden upon industry, as the utilization of NFPA 13-1996

for sprinkler installation is already an industry standard for

sprinkler installations. NFPA 13-1996 is also an integral part of Coast

Guard enforcement policy for automatic sprinkler system design,

installation and maintenance.

Additionally, the proposed rules would incorporate American Society

for Testing and Materials (ASTM) standard F 1626-1995, Standard

Practice for Preparing Shipboard Fire Control Plans, into the

regulations for all types of vessels. Coast Guard regulations currently

require all vessels to have shipboard fire control plans, but no

uniform requirements for the plan exist. The proposed rule would

standardize the acceptable symbols to be used for all shipboard fire

control plans.

Sections 56.01-2 and Table 56.60-2(a)

The American Society of Mechanical Engineers (ASME) develops

standards for mechanical engineering applications, including the ASME

Code which is a standard for construction specifications. In accordance

with 46 CFR 56.60-1(a)(2) of Coast Guard regulations, materials used as

piping system components must be selected from the material

specifications of the ASME Code or from 46 CFR Table 56.60-2(a). Table

56.60-2(a) ``Adopted Specifications Not Listed in the ASME Code,'' is a

listing of adopted bar stock and nonferrous forging and casting

specifications not listed in the ASME Code, but which are still

acceptable. It includes two footnotes, 7 and 9, which are proposed for

revision. Footnotes 7 and 9 specify that a mercurous nitrate test must

be performed for certain materials in accordance with ASTM B 154-92,

Test Method for Mercurous Nitrate Test for Copper and Copper Alloy. The

Coast Guard and ASTM jointly developed ASTM B 858M-95, Test Method for

Determination of Susceptibility to Stress Corrosion Cracking in Copper

Alloys Using an Ammonia Vapor Test, to replace ASTM B 154-92 because of

the extremely toxic properties of mercury. Therefore, footnotes 7 and 9

in Table 56.60-2(a) and Sec. 56.01-2, Incorporation by reference, are

proposed for revision to refer to ASTM B 858M-95 instead of ASTM B 154-

92. This change would merely substitute a test which uses ammonia in

place of a test which uses mercury, due to the toxic properties of

mercury.

Sections 56.50-50(c)(2) and 56.50-50(c)(3)

All U.S. flag passenger vessels on international voyages must be

SOLAS certificated. As a result, the Coast Guard regulations which

duplicate SOLAS requirements for vessels on international voyages are

proposed for removal as unnecessary. The Coast Guard is proposing to

substitute a reference to SOLAS requirements with regard to bilge

systems for passenger vessels on an international voyage in place of

the current repetition of the SOLAS requirements.

Section 63.25-9

Incinerators are not required on board U. S. flag ships. However,

when incinerators are utilized aboard ships, MARPOL dictates that the

incinerators which are installed must be in compliance with IMO Marine

Environment Protection Committee (MEPC) Resolution 59(33). The current

Coast Guard regulations state that incinerators which produce hot water

or generate steam must meet the requirements of 46 CFR Part 52-Power

Boilers or Part 53-Heating Boilers, as applicable. The proposed

revision to this section would incorporate the IMO MEPC Resolution

59(33), Revised Guidelines for the Implementation of Annex V of MARPOL

73/78, adopted on October 30, 1992, in place of current Coast Guard

regulations. This Resolution, which addresses incinerators, was

developed with extensive active participation by the U.S. Coast Guard,

through its representation of the U.S. at the IMO. Under the proposed

rule, the American Society for Testing and Materials (ASTM) standard

ASTM F-1323-90 (when combined with Annexes A1 through A3 of MEPC

Resolution 59(33)) and the International Standards Organization (ISO)

standard 13617 would also be accepted as equivalent standards to MEPC

Resolution 59(33). The ISO standard 13617 (1995), ``Shipbuilding-

Shipboard Incinerator-Requirements,'' is equivalent to MEPC Resolution

59(33). Also, ASTM F-1323-90, when combined with Annexes A1 through A3

of MEPC Resolution 59(33), is equivalent to MEPC Resolution 59(33).

Sections 31.10-33, 72.30-5, 93.20, 170.098, 172.010, 172.015, 172.020,

172.030, and 172.040

In response to the growing need for broader regulation of the

carriage of all cargoes which may pose a hazard to ships or personnel,

the Maritime Safety Committee (MSC) of the IMO replaced the original

Chapter VI of SOLAS, which contained detailed regulations on the

carriage of grain in bulk, with requirements of a more general nature

and placed the detailed provisions on grain in a mandatory code. SOLAS

Chapter VI previously titled ``Carriage of Grain'' is now titled

``Carriage of Cargoes.'' At the 59th session in May 1991, MSC adopted

amendments to

[[Page 58807]]

SOLAS Chapter VI Part C Regulation 9 (resolution MSC.23[59]) to make

compliance with the International Code for the Safe Carriage of Grain

in Bulk (code) mandatory. The code includes required stability, loading

requirements, and Documents of Authorization for each vessel that loads

grain in bulk. The Coast Guard is proposing to amend the Coast Guard's

stability regulations (46 CFR subchapter S) to adopt the requirements

of the Code. These regulations will apply to all vessels that load

grain in bulk in U.S. waters, except those engaged solely on voyages on

rivers, lakes, bays, and sounds, or on voyages between Great Lakes

ports and specific St. Lawrence River ports as referred to in Article 5

of the Load Line Convention. These voyages are exempted from the

definition of international voyages under the Load Line Convention and

SOLAS. The St. Lawrence River ports exempted include those ports as far

east as a straight line drawn from Cap de Rosiers to West Point,

Anticosti Island, and as far east as a line drawn along the 63rd

meridian from Anticosti Island to the north shore of the St. Lawrence

River. As a contracting government to SOLAS 1974, the Coast Guard needs

to revise its regulations to reflect the revisions to chapter VI of

SOLAS 1974 which will enhance the safety of vessels carrying grain in

bulk. Also, these regulations exempt those vessels on voyages specified

in Sec. 172.030. These exempted vessels are required to comply with the

provisions of this section.

This NPRM proposes to adopt the IMO's ``International Code for the

Safe Carriage of Grain in Bulk'' using an incorporation by reference

into 46 CFR 172, Subpart B. Currently, Subpart B is reserved for Bulk

Grain. In order to consolidate the requirements pertaining to bulk

grain vessels in Subpart B, it is necessary to remove 46 CFR 31.10-33,

46 CFR 72.30-5, 46 CFR 93.20 and 46 CFR 170.098 and modify the text of

46 CFR 170.100.

This revision will not advantage or disadvantage U.S. registered

vessels because they currently meet the requirements of the IMO Code.

The principal changes in the grain regulations are dispensation from

trimming the ends of filled cargo holds in specifically suitable ships

and the use of wire reinforcement mesh. In 1977, the U.S. acted

unilaterally in relaxing the requirement for trimming the ends of

filled cargo compartments on specifically suitable ships. This

dispensation was eventually adopted by IMO. Similarly, in 1979 the U.S.

submitted an information paper to IMO describing the trial use of

welded, wire reinforcement as equivalent to wood when securing slack

grain surfaces and stated the method was being tried on American ships.

The method was successful and is now included in the new Code.

Adoption of the Code represents two other substantive changes:

(a) All ships built after January 1, 1994, will be required to have

a table of permissible heeling moments.

(b) All ships built after January 1, 1994, will have the

permissible angle of list due to a grain shift changed from ``12

degrees'' to ``12 degrees or the angle of deck edge immersion,

whichever is less.''

Subpart 164.013.

The current regulations for polyethylene foam buoyant material for

use in Coast Guard approved personal flotation devices (PFDs) direct

prospective manufacturers to the Commander of the Coast Guard District

in which the factory is located, to seek Coast Guard approval for this

kind of PFD flotation foam. The current regulations require that a

Coast Guard marine inspector visit the factory, prepare a report, and

submit it to the Commandant with samples. These regulations also

specify a combination of performance and construction requirements that

the foam must meet to be accepted by the Coast Guard. The procedure for

acceptance states that a marine inspector is to visit the factory and

provide a report to the Commandant for acceptance of the material. On

May 20, 1993 the Coast Guard published a final rule promulgating a new

subpart 164.019 (58 FR 29494), which established new requirements for

PFD component acceptance and quality control of all components for use

in Coast Guard-Approved PFDs.

Under the proposed regulations, production oversight and initial

acceptance tests would be handled by independent laboratories accepted

by the Coast Guard under currently established procedures outlined in

46 CFR 164.019 and 159.010, instead of being performed by a marine

inspector. Under the proposed regulations, the independent laboratory

would submit a report to the Commandant for initial approval.

Commandant (G-MSE) would then have the option of accepting the material

based upon a satisfactory initial investigation and adequate

documentation of the material and its production quality control and

oversight. Appeals procedures will remain the same. The specifications

for these materials in the Coast Guard regulations would be revised by

this proposal to reference the performance requirements in UL 1191,

which is an industry standard for PFD components. The major differences

between the current regulations and the new proposed standard would be

that with this change the materials would be typically produced in thin

sheets and would not have to be slitted in a trigonal pattern. As a

result the subpart would also be renamed from ``Foam, Unicellular

Polyethylene (Buoyant, Slab, Slitted Trigonal Pattern)'' to ``Foam,

Unicellular Polyethylene, Buoyant.'' Markings must be in accordance

with Sec. 164.023-15.

Amendments Which Clarify Regulations, Offer Options, or Reflect

Current Practice

33 CFR 159.5 and 159.7

Under this NPRM, Secs. 159.5 and 159.7 of Title 33 on Marine

Sanitation Devices (MSDs) are proposed for revision to delete reference

to various past deadlines by which requirements had to be met. All the

deleted deadlines have passed and the remaining text can be

consolidated into regulations which contain only current requirements.

Additionally, two new proposed sections Secs. 159.5(b) and

159.7(a)(2) would permit the use of Type I MSDs on vessels 19.8 meters

(65 feet) in length or less. Under the current MSD regulations

contained in 33 CFR 159, Type I MSDs may not be installed on

``existing'' vessels on or after January 31, 1978, or on ``new''

vessels on or after January 31, 1980. Type I and Type II MSDs treat

sewage. Type I MSDs meet a lower effluent standard than the larger and

more complex Type II MSDs. Type III MSDs are holding tanks that do not

treat sewage, but hold it onboard until it can be pumped out to a

reception facility, or into waters outside the territorial seas of the

U.S. In 1978, when it became apparent that there would be no Type II

MSDs available that were suitable for small vessels, the Coast Guard

published a waiver of the prohibition on installation of Type I MSDs

for vessels 19.8 meters (65 feet) in length or less (43 FR 29637, July

10, 1978). There are still no MSDs meeting the Type II treatment

standard which are suitable for small vessels. Since pumpout facilities

are not available everywhere, not all small vessels can use Type III

holding tanks. For these reasons, the waiver has remained in effect

since 1978, and the text of the regulations published in 33 CFR 159.5

and 159.7 have not accurately reflected the Coast Guard's enforcement

policy of the MSD regulations. Should Type II

[[Page 58808]]

MSDs suitable for small vessels become available, the Coast Guard, in

consultation with the Environmental Protection Agency (EPA), will

consider reinstating the requirement for new MSDs on all vessels to be

either Type II or Type III.

The Coast Guard proposes to add a new Sec. 159.7(b) to replace the

note which now appears at the end of Sec. 159.7. This new section would

describe the current requirement in the note to prevent all discharge

of sewage in EPA-designated no-discharge zones. The proposed regulation

would state the requirement more clearly and succinctly than the

present note and make enforcement of the requirement easier.

The Coast Guard also proposes to replace Secs. 159.201 and 159.205

regarding the application for acceptance, and criteria for recognized

facilities for the testing of marine sanitation devices, with one

paragraph under Sec. 159.201 that references 46 CFR 159.010 discussing

independent laboratories. The standards and procedures for independent

laboratories in 46 CFR 159.010 are similar to those in Secs. 159.201

and 159.205, and the Coast Guard wants to consolidate the standards and

procedures for acceptance of independent laboratories (including

``recognized facilities'') in one set of regulations. Recognized

facilities already accepted under present Secs. 159.201 and 159.205

would not be required to reapply under the proposed revised regulation.

46 CFR 2.75-19 and 2.75-50

The Coast Guard is proposing to replace the obsolete term, Merchant

Marine Council, with the proper name for this body, the Marine Safety

Council, in Sec. 2.75-19 and Sec. 2.75-50.

Section 12.25-1

The Coast Guard is proposing to remove the obsolete terms, such as

shipping commissioner, from Sec. 12.25-1.

Section 25.30-5

This section is proposed for revision to amend ``Coast Guard

publication CG-190, Equipment Lists'' to read ``COMDTINST M167143

(Series) Equipment Lists.''

Section 28.380

Current Coast Guard regulations require that ``An internal

combustion engine exhaust, galley uptake, or similar source of ignition

must be kept clear of and suitably insulated from combustible

material.'' The NTSB recommended that the Coast Guard clarify its

definition to include electrical heating tape. The Coast Guard has

determined that electrical heating tape constituted a ``similar source

of ignition'' for application of Sec. 28.380(b). Therefore, the Coast

Guard proposes to clarify Sec. 28.380(b) by inserting ``electrical

heating tape'' before ``similar source of ignition'' in the text of the

regulation.

46 CFR 32.57-10

Current Coast Guard regulations require a kickout panel for ``A''

Class doors for stairtowers on tank vessels. Kickout panels are more

expensive to install than other similar devices such as crash doors or

locks which may be forced. Coast Guard regulations allow the

installation of these similar devices in other subchapters on other

types of vessels. No decrease in safety has been experienced by these

vessels as a result. The proposed amendment to paragraph 32.57-10(d)(4)

would replace the requirement to install kickout panels on these doors

by allowing the installation of crash doors or locks which may be

forced. This proposed amendment would give ship builders greater

flexibility, allow the ship builder to save money without compromising

safety, and harmonize the tanker regulations with the other

subchapters.

46 CFR 56.20-15

Current regulations discussing resiliently seated valves do not

clearly state locations where resiliently seated valves are required.

The proposed rules, if adopted, would clarify the locations where the

three categories of resiliently seated valves, Positive shutoff,

Category A and Category B, are allowed or required. This proposed

amendment would not add any new requirements, but would only clarify

the current Coast Guard requirements.

Section 61.15-12

The proposed amendment to Coast Guard regulations will change the

Coast Guard requirement to replace non-metallic expansion joints from

ten years after the date of manufacture to ten years after the joint is

placed into service. The intent of the regulation to renew non-metallic

expansion joints is to prevent failure of these joints by mandating

that these joints are replaced before corrosive action has occurred to

the extent that the joint will fail. Intensive corrosion generally

begins after the joint has been placed into service. Therefore, the ten

year time period for non-metallic expansion joints should begin when

the joint is placed into service. The proposed regulation will require

that non-metallic expansion joints are renewed ten years after the

joint is placed into service.

Section 69.117

Current Coast Guard regulations designate measuring organizations

authorized to measure or remeasure vessels under the Convention,

Standard, or Dual Measurement Systems to issue tonnage certificates.

The tonnage measurement regulations contained in 46 CFR 69.117(f)

provide for the exemption of water ballast spaces under certain

conditions when calculating a vessel's gross tonnage under the Standard

Measurement System. The existing tonnage measurement regulations

contained in 46 CFR 69.117(f) require justification of the operating

conditions to be submitted to the measuring organization. The measuring

organization reviews the submittal for completeness, then forwards the

submittal to the Coast Guard for approval. The Coast Guard notifies the

measuring organization of whether the justification is approved, and

the measuring organization incorporates the information from the Coast

Guard's decision into tonnage calculations when assigning the vessel's

tonnage. This process is not in the best interests of the Coast Guard

or its customers. It requires a duplicitous review by both the Coast

Guard and the measuring organization, and causes unnecessary delays in

response time to the customer. The proposed revision to the regulations

would delegate authority to the measuring organization to approve or

disapprove the submission for the exemption of water ballast spaces

when calculating a vessel's gross tonnage. As stated in 46 CFR 69.27

and 46 U.S.C. 14103, the Coast Guard may delegate the authority to

measure vessels. The standard utilized to determine water ballast space

exemptions would not change. Appeals of any decisions made by a

measuring organization would be the responsibility of the Coast Guard

in accordance with 46 CFR 69.21. Also, the Coast Guard would maintain

general oversight over the process through the Coast Guard's authority

to approve or disapprove the measuring organizations.

Sections 77.35-10 and 96.35-10

Current Coast Guard regulations require flame safety lamps for the

fireman's outfit for passenger and cargo vessels. Oxygen depletion

meters perform the same function as flame safety lamps, and are

technologically more advanced. 46 CFR 108.497 requires an oxygen

depletion meter for the fireman's outfit for mobile offshore drilling

units. By enforcement policy, the Coast Guard has allowed oxygen

depletion meters which have been

[[Page 58809]]

designated by a Coast Guard recognized independent laboratory as

intrinsically safe to be carried in lieu of flame safety lamps for the

fireman's outfit requirements in other subchapters. The Coast Guard is

proposing to amend its regulations so as to codify this option.

Sections 92.07-1, 32.56-1, and 32.57-1

After comparing the current Coast Guard requirements to SOLAS

regulations, the Coast Guard has determined that the SOLAS regulations

for Method IC structural fire protection for cargo ships provide an

equivalent level of fire protection as that provided by current Coast

Guard requirements. As discussed previously, U.S. flag ships on

international voyages must be in compliance with Coast Guard

regulations as well as SOLAS regulations. Meeting two different

standards, though equivalent, could be burdensome to U.S. flag SOLAS

certificated vessels. Therefore, the Coast Guard is proposing to amend

the regulations prescribing structural fire protection requirements to

allow vessels which must meet SOLAS Method IC the option of meeting

only SOLAS. The Coast Guard is not requiring any vessel not on an

international voyage to comply with the SOLAS requirements in this

area, SOLAS certification will be an optional method to demonstrate

adequate structural fire protection for the vessel.

Section 108.417

The current regulation contains an editorial error, stating that an

oil line must be connected to a fire pump. The Coast Guard proposes to

correct this editorial error by revising this regulation to state that

an oil line must not be connected to a fire pump.

Section 159.007-9

Independent laboratories now carry out most factory production

inspections. The Coast Guard is proposing to add a paragraph (d) to

Sec. 159.007-9 requiring manufacturers to provide access for Coast

Guard inspectors or representatives of the Coast Guard recognized by

independent laboratories to any place where equipment is manufactured

or stored.

Sections 160.001-3, 160.001-5, 160.002-5, 160.002-7, 160.005-5,

160.005-7, 160.050-5, 160.050-7, 160.053-6, 160.055-7, and 160.055-9

The current regulations state that Coast Guard marine inspectors

may perform tests and will perform production inspections in addition

to the manufacturer's normal quality assurance program, to satisfy the

inspector that the life preservers or ring buoys being manufactured

meet the requirements of the Coast Guard regulations. Work vests

covered in Sec. 160.053, are an exception to the regularly scheduled

factory inspections. For initial product approval (certification), the

current Coast Guard regulations direct prospective manufacturers to the

Commander of the Coast Guard District in which the factory is located.

Current Coast Guard regulations require that a Coast Guard marine

inspector visit the factory which manufactures the device, prepare a

report, and submit the report to the Commandant with samples. In 1983,

as allowed in Section 159.001-7, the Coast Guard substituted the

Sec. 159.007 production inspection and test procedures and approval

procedures for these procedures.

Under the proposed regulations, production oversight and initial

approval tests would not be done by the Coast Guard. Instead,

production oversight and initial approval tests would be performed by

independent laboratories accepted by the Coast Guard under 46 CFR

159.010. The independent laboratory would then submit a report with its

findings to the Commandant for initial approval of the life preserver.

Commandant (G-MSE) may approve the equipment design based upon a

satisfactory initial investigation by the independent laboratory and

adequate documentation of the design and its production quality control

and oversight. The items affected will include: life preservers, kapok,

adult and child, models 3 and 5; life preservers, fibrous glass, adult

and child, models 52 and 56; unicellular plastic ring life buoys;

unicellular plastic foam work vests; and unicellular plastic foam life

preservers for merchant vessels. In response to industry requests for

larger lots, the proposed regulations for life preservers will include

production lot sizes up to 1000 units with appropriate sample sizes.

Additionally, the footnotes referring to the PFD information

pamphlet requirements in 33 CFR part 181 are proposed for deletion as

the pamphlet requirements are covered under production oversight.

These proposed rules would require nonstandard life preserver

designs that require in-water testing to demonstrate equivalent

performance to the Coast Guard standard designs documented in these

subparts. Additionally, nonstandard designs would have to be tested for

approval by a laboratory that has demonstrated the ability to conduct

such tests and has completed a Memorandum of Understanding (MOU) with

the Coast Guard according to 46 CFR 159.010-7 for related types of

personal flotation devices (PFDs). The items affected will include life

preservers, kapok, adult and child, models 3 and 5; life preservers,

fibrous glass, adult and child, models 52 and 56; unicellular plastic

foam work vests; and unicellular plastic foam life preservers for

merchant vessels.

Sections 160.026-6, 160.026-7, and 160.062-6

Current regulations state that Coast Guard marine inspectors will

sample, test, and inspect certain marine equipment. Current regulations

state that the inspector would prepare and submit a report regarding

this equipment to the Commandant (G-MSE), who would assign an approval

number. Under the proposed regulations, independent laboratories

accepted by the Coast Guard under 46 CFR 159.010 will sample, test, and

inspect this equipment. Under the proposed regulations, the independent

laboratory will submit a report to the Commandant. The Commandant (G-

MSE) will then assign an approval number for the equipment. The items

affected will include emergency drinking water for merchant vessels and

hydraulic releases for lifesaving equipment.

Sections 160.048-6, 160.049-6, 160.050-6, and 160.064-4

These sections prescribe the markings which must appear on all

throwable PFDs which are ``approved'' to meet the recreational boat

carriage requirements of 33 CFR 175.15 and, in some cases, various

commercial vessel carriage requirements in parts of 46 CFR. The

carriage requirements set out the number and type of PFDs which must be

carried aboard different vessels while those vessels are in transit.

The current regulations require markings on Type IV throwable PFDs to

indicate that smaller recreational boats, sixteen feet long and

shorter, and all canoes and kayaks may use throwable PFDs to meet the

carriage requirements. However, recent changes to the carriage

requirements in 33 CFR 175 Subpart B published in the August 4, 1993

Federal Register (58 FR 41602), have rendered the current marking

requirements for throwable PFDs incorrect. As of May 1, 1995, throwable

PFDs may not be used to meet the carriage requirement of 33 CFR 175.15.

Wearable PFDs are now required on all recreational boats regardless of

length or type of boat (except for exempt vessels). Therefore boats

under 16 feet in length and canoes and kayaks of any length, which

previously could fulfill the

[[Page 58810]]

carriage requirements with throwable PFDs must now carry wearable PFDs.

As a result, the Coast Guard is proposing to change the marking

requirements for throwable PFDs to now state that the device is

``Approved for use on recreational boats only as a throwable device.''

Sections 170.075, 170.080, 170.085, 170.093, 170.098, 170.100, 170.110,

170.120, 170.170, 170.173, 170.175, 170.185, 170.190, 170.235

Title 46 U.S.C. 3316 authorizes the Coast Guard to accept plan

review, inspections, and examinations performed by the American Bureau

of Shipping (ABS) as evidence of a vessel's compliance with Coast Guard

rules and regulations for classed and unclassed vessels. Since 1984,

the Coast Guard has authorized the ABS to perform stability reviews on

certain categories of vessels that are issued Load Line Certificates.

The ABS has been recognized as an authorized load line assigning

authority of the Coast Guard for U.S. vessels since 1929, and is well-

qualified to conduct stability related plan review on behalf of the

Coast Guard. The proposed amendments to the regulations would allow ABS

to perform stability related reviews, including the issuance of

stability letters, for U.S. flag vessels.

Amendments To Align Regulations With International Standards

Classification societies are organizations which establish and

administer standards, called Rules, for the design, construction, and

operational maintenance of ships and other marine structures.

Classification of a vessel by one of these societies certifies for the

benefit of investors and others concerned with the financial viability

of a particular ship, that the ship is in compliance with the Society's

Rules. The American Bureau of Shipping (ABS), a not-for-profit,

independent technical organization, classes vessels registered in 94

different countries. ABS, authorized by U.S. statute to perform certain

functions as representatives of the Coast Guard, has signed a

Memorandum of Understanding with the Coast Guard, allowing the Coast

Guard to participate in the technical committees which develop ABS

Class Rules.

The Coast Guard compared its regulations to established marine

standards, including SOLAS, and the rules of the only currently

recognized U.S. classification society, ABS. This comparison identified

many regulations which prescribe requirements in excess of established

marine standards, which were drafted when many technologies were new

and the Coast Guard had less experience with their safety record. Over

time, as the technologies and machinery became commonplace and

developed a clear safety record, other organizations developed relaxed

standards for many of these technologies. The Coast Guard has been

monitoring this relaxation in many areas and, where appropriate, has

determined that the relaxed standards still provide for an adequate

level of safety. The Coast Guard is therefore proposing to amend its

regulations to be consistent with proven financial market based and

international standards for instances in which, in the Coast Guard's

opinion, vessels subject to these established marine standards have not

experienced an increase in casualties attributable to this difference.

Sections 31.10-21, 91.40-3, and 189.40-3

The Coast Guard is proposing to harmonize its regulations with

IMO's, by allowing vessels over 15 years of age to participate in the

Underwater in Lieu of Drydock (UWILD) program. These vessels are not

currently permitted to enroll in the program. As its name suggests, the

UWILD program is designed to permit vessels to be inspected underwater

instead of in a drydock. The vessel, if allowed to participate in the

program, may be inspected underwater instead of alternate drydock

examinations. When the UWILD program was first initiated, the Coast

Guard utilized a conservative approach, permitting only vessels under

15 years of age to participate in the program. Those vessels which have

enrolled in the program must meet certain criterion to remain in the

program after the vessel is over 15 years of age. On the other hand,

SOLAS allows vessels which are older than 15 years of age to

participate in this program after receiving special consideration.

Vessels over 15 years of age which have participated in the program

under SOLAS have not been shown to be unsafe. Therefore, the Coast

Guard proposes to amend its regulations to allow all vessels, including

those older than 15 years of age, to enroll in the UWILD program after

receiving special consideration. The same criterion, described in the

CFR in those sections for drydocking, currently used to determine

whether vessels which have previously enrolled in the program may

continue to participate in the UWILD program once the vessel is greater

than 15 years of age will be used to evaluate whether vessels greater

than 15 years of age may initially enroll in the program.

Subparts 31.37, 71.47, 91.37 and Secs. 31.10-5, 31.10-16, 71.25-25,

71.65-1, 91.25-25, 91.55-1 and 189.35-9

The Coast Guard has reviewed its regulations for the design and

testing of shipboard cargo gear. Currently, 46 CFR 31-20, 31.37-23,

71.47-20, 71.47-23, 91.37-20 and 91.37-23 allow cargo gear plans to be

submitted for approval to the Coast Guard, classification societies

recognized by the Commandant, or a recognized cargo gear organization.

The only currently recognized classification society is the American

Bureau of Shipping (ABS) and the only currently recognized cargo gear

organization is the International Cargo Gear Bureau, Inc. (ICGB).

Additionally, 46 CFR 31.37-5(b), 71.47-5(b) and 91.37-5(b) allow Coast

Guard marine inspectors to accept cargo gear certificates and registers

issued by organizations or associations recognized by the Coast Guard

as evidence of compliance with the requirements in subparts 31.37,

71.47 and 91.37.

The option to utilize third parties for cargo gear plan approval

and inspection has proven successful. It is common marine industry

practice to rely on third parties for surveys and certification of

cargo gear. In fact, cargo gear inspections by Coast Guard marine

inspectors have become rare, except in the case of inspection of cargo

handling gear prior to explosives handling operations where the COTP

finds it necessary due to the hazardous nature of the cargo. Third

party organizations or associations maintain a high skill level for

cargo gear inspections and can often be scheduled more conveniently for

the ship operator than Coast Guard inspectors.

The proposed amendments to the rules would remove the option for

Coast Guard inspection of cargo gear as well as remove the existing

detailed regulations for the design and inspection of cargo gear. If

the proposed rules are adopted, certificates and test documents from

the recognized industry organizations would be presented to the Coast

Guard by vessel owners during the regular inspection for certification

as proof that the cargo gear has been inspected in a satisfactory

manner.

This approach is consistent with the Coast Guard's efforts to

implement alternative compliance methods. This proposed rule would not

undermine the authority of the Officer in Charge, Marine Inspection to

inspect cargo gear when the adequacy of the cargo gear is suspected.

The regulations in 46 CFR 31.10-15 describe the scope of the Inspection

for Certification, and states that the inspection shall be such as to

[[Page 58811]]

ensure that a vessel's equipment is in satisfactory condition and fit

for the service for which it is intended. The regulations in 46 CFR

71.25-50 and 46 CFR 91.25-50 state that nothing in those subparts shall

be construed as limiting the inspector from making such tests or

inspections as deemed necessary to be assured of the safety and

seaworthiness of the vessel. Thus the marine inspector would still be

able to inspect the cargo gear if inspection is deemed necessary. When

the Coast Guard does find it necessary to inspect cargo handling gear

prior to explosives handling operations, guidance can currently be

found in Navigation Vessel Inspection Circular (NVIC) No. 2-96. This

NVIC provides guidance to Coast Guard Marine Safety field units

concerning the inspection of shipboard and shoreside cargo gear prior

to its use in explosives handling operations. NVIC 2-96 currently

refers field units to follow the procedures laid out in 46 CFR 91.37

for certain tests and procedures prior to permitting explosives

handling operations. However, this rulemaking proposes to remove the

existing regulations at 46 CFR 91.37. Upon or before publication of a

final rule, the Coast Guard will issue a change to NVIC 2-96 that will

reference equivalent industry standards instead of referring to 46 CFR

91.37.

Section 32.55-20

This section is proposed for revision to state that tank vessels

may arrange tank vents and headers in accordance with either SOLAS tank

vent requirements or the current Coast Guard tank vent requirements.

Current Coast Guard regulations require that tank vents for Grade A

liquids must extend to a height above the weather deck equal to at

least 13.1 feet (approximately 4 meters), or an adjustable system must

be provided which is capable of reaching a height of 13.1 feet when

extended vertically. Current Coast Guard regulations also state that

the vent header must terminate at a distance comparable to 13.1 feet

(approximately 4 meters) from any living or working space, ventilator

inlet, or source of ignition. On the other hand, SOLAS requires a

pressure vent height of 2 meters and a distance of 5 meters from the

vent header from any living or working space, ventilator inlet, or

source of ignition. In addition, SOLAS has loading vent requirements.

The Coast Guard regulations exceed the SOLAS regulations for vent

heights. The Coast Guard is proposing to amend the vent height and vent

header distance requirements to allow vessels to be consistent with

international standards. This should provide a financial savings to the

marine industry because of the lower cost for materials and the greater

possibility for international usage of ship designs without changing

the design to meet differing U.S. standards. All previously approved

arrangements will continue to be considered satisfactory.

Sections 34.10-5, 76.10-5, 95.10-5 and 193.10-5

Current Coast Guard regulations prohibit branch pipe lines from

being connected to the fire main for other than fire or deck wash

purposes. This prohibition limits piping usages. The proposed rules, if

adopted, would allow greater flexibility by removing the blanket

prohibition against the connection of branch lines to the fire main.

Under the proposed rules, the only limitation on branches off the fire

main would be that the fire main would have to be capable of meeting

firefighting requirements and the requirements of any additional

services installed on the fire main simultaneously. The Coast Guard's

enforcement policy for many years, in accordance with NVIC 6-72, has

been consistent with this proposed regulatory change.

Section 34.20-5

SOLAS regulations governing the sizing of deck foam systems were

developed with active participation by the Coast Guard, through its

role as the U.S. representative to IMO. The SOLAS regulations for foam

systems have proven to result in safe and effective designs for

approximately twenty years. Current Coast Guard regulations require a

greater foam application rate for tanker deck foam systems than SOLAS

requires. This disparity causes a financial burden for U.S. flag

merchant ship owners and operators. Therefore, the Coast Guard proposes

to harmonize its deck foam regulations with the applicable SOLAS

provisions.

Sections 56.01-2, 56.10-5 and 56.60-25

The Coast Guard participated in the development of a comprehensive

set of guidelines for the shipboard application of plastic pipe with

the International Maritime Organization (IMO). The proposed rules, if

adopted, would replace the current Coast Guard regulations in this area

by incorporating the resulting IMO Resolution A.753(18), Guidelines for

the Application of Plastic Pipes on Ships, into the Coast Guard

regulations to harmonize the Coast Guard regulations with international

standards for the use of plastic pipe aboard ship. The current Coast

Guard regulations allow only a very limited usage of plastic pipe on

board vessels. The proposed amendment would afford U.S. ship operators

greater flexibility by allowing a greater use of plastic pipes

throughout a vessel.

Sections 56.07-10 and 56.60-2

For the design of a piping system, in the determination of which

materials may be used, current Coast Guard regulations do not allow the

tabulated yield strength of a material to be used in calculations.

Current Coast Guard regulations reduce the allowable yield strengths of

materials used in piping systems to 80 percent of the tabulated value

unless dynamic effects are taken into account. The ABS rules,

containing no similar restriction have shown to be successful.

Therefore, the proposed rules, if adopted, would harmonize Coast Guard

regulations with ABS rules by removing the reduction to 80 percent of

the allowable yield strength and requiring that ship motion be

considered in piping system designs.

Section 56.50-90

Current Coast Guard regulations do not allow perforations in

sounding tubes fitted for oil tanks. The ABS rules contain no similar

prohibition and have been shown to be successful with no degradation in

safety. The proposed rules, if adopted, would remove the prohibition of

perforations in sounding tubes fitted for oil tanks and harmonize this

aspect of Coast Guard requirements with ABS rules.

Sections 56.50-103 and 56.97-40

Current Coast Guard regulations do not allow the installation of

fixed oxygen-acetylene distribution piping. The Coast Guard has

historically prohibited such installations due to concern over leaks of

flammable gases. However, ABS and foreign class society rules allowing

the installation of fixed oxygen-acetylene piping have been shown to be

successful without adverse effects on safety. Therefore the proposed

rules, if adopted, would add two new sections to allow the installation

of fixed oxygen-acetylene distribution piping on all vessels.

Section 56.95-10

Current Coast Guard regulations contain requirements for

radiographic testing of welds in certain types of piping installations.

These provisions require radiographic testing for a broader range of

pipe sizes than ABS rules. The ABS rules, requiring radiographic

testing for a smaller range of pipe sizes than Coast Guard regulations,

have proven safe and effective. The Coast Guard proposes to

[[Page 58812]]

eliminate the cost disadvantage caused by the current Coast Guard

requirements to perform radiographic testing on a larger number of

welds, by harmonizing the Coast Guard requirements for radiographic

testing with ABS rules.

Section 61.10-5

The Coast Guard is proposing to amend the examination interval for

pressure vessels from 2.5 years to 5 years. Coast Guard records

indicate that pressure vessel failure has not been a significant

problem. The longer 5 year examination interval has proven to have no

negative effect on safety through the successful use of this interval

by ABS, without experiencing a degradation of safety. Each examination

required by the Coast Guard imposes a burden upon the shipowner in the

form of operating time lost. Therefore, the Coast Guard is proposing to

reduce this burden by increasing the interval between required pressure

vessel examinations from 2.5 years to a 5 year interval.

Sections 61.20-5, 31.10-20, 71.50-1, 91.40-1, and 189.40-1

The Coast Guard is proposing to amend the examination interval for

sea valves, sea chests, sea strainers, and valves for the emergency

bilge suction from 2.5 years to 5 years. Coast Guard records indicate

that sea valves, sea chests, sea strainers, and valves for the

emergency bilge suction do not demonstrate a significant failure rate.

The longer 5 year examination interval has proven to have no negative

effect on safety through the successful use of this interval by ABS,

without experiencing a degradation of safety. Each examination required

by the Coast Guard imposes a burden upon the shipowner in the form of

operating time lost. Therefore, the Coast Guard is proposing to reduce

this burden by increasing the interval between required examinations

from 2.5 years to a 5 year interval.

Section 197.462

Current Coast Guard regulations for diving systems require annual

pressure tests for pressure vessels and pressure piping. This

requirement is excessive when compared to other successful standards

for diving systems, such as ABS rules, which require pressure testing

every 3 years. The proposed rules, if adopted, would harmonize the

Coast Guard regulations with ABS rules and vessel drydocking intervals

by extending the pressure testing interval from 1 year to 3 years.

Under the proposed rules, pressure vessels and pressure piping in

diving systems would still continue to be required to be annually

inspected for damage or deterioration that would affect the safety of

the system. Any required repairs would still have to be made to the

satisfaction of the Officer in Charge, Marine Inspection.

Amendments Which Remove Obsolete or Unnecessary Requirements

The following sections listed contain references to laws or

statutes which have been repealed or recodified. Therefore, references

to these obsolete laws would be removed or revised as appropriate. The

sections which would be revised or removed are: Sections 2.01-1, 2.01-

10, 2.01-20, 2.01-40, 2.01-50, 2.01-60, 2.85-1, 3.01-1, 3.03-1, 3.10-1,

4.01-3, 4.40-3, 4.40-5, 4.40-30, 6.07, 6.15, 7.1, 12.01-5, 12.02-19,

12.25-35, 24.01-1, 24.10-9, 24.10-15, 24.10-17, 24.10-21, 24.15-5,

25.40-1, 26.03-5, 26.10, 30.01-20, 30.10-19, 30.10-43, 30.10-47, 30.20-

10(a), 32.53-1, 32.55-30, 35.01-40, 35.07-10, 50.10-5, 50.10-10, 50.10-

15, 68.01, 68.01-1, 68.01-3, 68.01-15, 70.01-1, 70.05-15, 70.05-25,

70.10-11, 70.10-25, 70.10-33, 71.01-10, 71.30-1, 72.01-1, 78.37-10,

78.65-1, 80.01, 80.40, 90.01-1, 90.05-30, 90.10-9, 90.10-21, 90.10-23,

90.10-27, 90.10-36, 97.53-1, 105.01-1, 105.35-1, 109.431, the authority

cite for Part 147A, the authority cite for Part 148, 148.01-1,

subchapter O Note, 150.110, 151.03-30, 151.03-41, 153.2, 166.01,

167.01-1, 167.05-15, 167.05-20, 167.05-30, 167.10-1, 167.25-20, 168.01-

10, 188.01-1, 188.01-3, 188.05-2, 188.05-10, 188.05-30, 188.10-13,

188.10-45, 188.10-49, 188.10-55, 188.10-65, 196.53-1, 197.480, Subparts

2.45 and 2.50.

The printed deadlines for compliance with certain regulations have

passed. Therefore, these deadlines are obsolete and are proposed for

removal. The following sections contain expired deadlines. These

sections are proposed for removal or revision as appropriate:

Sections 10.202, 10.470, 10.472, 10.474, Subpart 12.07,

Secs. 12.17, 12.17-1, 12.17-5, 12.17-7, 12.17-10, 12.17-15, 12.17-20,

15.815, 16.205, 16.207, 25.26-5, 25.26-20, 28.120, 30.01-15, 32.50-35,

35.30-20, 35.35-85, 39.10-13, 69.11, 109.121, 153.470 Note, 153.482,

153.1118, 160.053-1, 167.45-60, 167.45-75, 195.30-90, 195.35-90, and

197.540.

Subpart 2.50

The Coast Guard is proposing to remove Subpart 2.50 because this

subpart contains no regulations.

Sections 12.15-13 and 12.15-15

Each of these sections contains a paragraph which allows for the

presentation of temporary letters dated prior to December 1, 1966.

These paragraphs are proposed for removal, as any such letters would

now, thirty years later, be unacceptable to the Coast Guard as proof

for Merchant Mariner Documents.

Sections 24.01-5, 30.01-3, 50.01-5, 70.01-5, 90.01-5, 168.01-5, and

188.01-5

These sections are proposed for removal as these sections are

obsolete and duplicative. These sections detail the arrangements for

the transfer of the Coast Guard from the Department of the Treasury to

the Department of Transportation.

Section 32.55-40

This section is proposed for removal as this section contains no

regulations.

Sections 34.10-10, 76.10-10, and 95.10-10.

Current Coast Guard regulations prescribe the thread size for

National Standard fire hose coupling threads. The Coast Guard proposes

that it is not necessary to prescribe the details for hose couplings,

but only the performance intended. The usage of a particular thread

size is not a safety concern. The safety concern lies only in the

requirement that the coupling, which allows the connection of any fire

hose to any fire station, be of a uniform type. Uniformity of the hose

couplings on the ship will be the responsibility of the ship operator.

Therefore, the specific thread size requirements are proposed for

removal.

Sections 35.25-15, 35.25-20, 61.05-20, 78.17-30, 78.33-20, 78.55-1,

97.15-15, 97.30-20, 97.45-1, 109.423, and 109.555

Current Coast Guard regulations require boiler safety valves to be

sealed after the Coast Guard tests the valves. These regulations were

originally intended to discourage vessel crews from tampering with

boiler safety valves in order to operate the boiler at a higher than

designed pressure. Modern ships are designed so that the steam

propulsion system delivers optimum performance at the designed steam

pressure. Additionally, modern ships generally adhere to fixed

schedules, without as much time spent at sea between ports. Therefore,

modern mariners do not have the same incentives to gag safety valves as

mariners in the past might have. The requirement to seal boiler safety

valves is an antiquated requirement and is inconsistent with the

President's call for greater industry/government partnerships.

Therefore, the provisions

[[Page 58813]]

for sealing boiler safety valves are proposed for removal.

Section 56.50-30(b)(6)

This section, which requires a sentinel valve for an economizer

when a valved bypass is installed, is not necessary, and is therefore

proposed for removal. Sentinel valves originally served as indicators

of hazardous boiler operation by giving audible indication that the

system is overheated and overpressured. Modern boiler automated

controls have superseded the need for sentinel valves. Several fail

safe mechanisms are incorporated into the boiler automated controls to

prevent operation of the boiler with a low water level. Consequently,

there is no need for sentinel valves on the economizer and this

requirement is proposed for removal.

Section 58.10-10(b)

This paragraph refers to the installation of asbestos to protect

semidiesel or hotbulb diesels. Asbestos may not now be installed on

vessels and semidiesels and hotbulb diesels are technologically

obsolete. Therefore, this paragraph is proposed for removal.

Section 63.25-3

As part of the Presidential Regulatory Reform Initiative, the Coast

Guard solicited public comments regarding regulatory reform. Comments

received from industry stated that the Coast Guard requirement to test

the electric hot water supply boiler controls was financially

burdensome to the maritime industry. Each test required by regulation

imposes a burden in the form of operating time lost. Additionally, the

electric hot water supply boiler is not vital to the operation of the

ship. Therefore, the requirement to test the electric hot water supply

boiler controls at every inspection for certification has been

determined to be unnecessary and is proposed for removal.

Subpart 70.30, Secs. 90.30-1 and 90.30-5

The provisions of these subparts address vessels acquired under the

Act of August 9, 1954 and installations of equipment made during the

unlimited national emergency declared by the President on May 27, 1941.

These subparts are no longer necessary and are therefore proposed for

removal. The Act of August 9, 1954 has been recodified, resulting in an

erroneous citation. The regulations addressing equipment made during

the unlimited national emergency declared by the President on May 27,

1941, are no longer necessary because Coast Guard records indicate that

there are no more of these vessels in commercial service. Coast Guard

records indicate that installations of equipment made during the

unlimited national emergency declared by the President on May 27, 1941,

now exist only in historical or museum type capacities.

Section 72.05-10

The Coast Guard is proposing to remove the requirement that there

be an opening at the top of doors so that smoke may be detected by a

manual patrol. Modern smoke detectors have obviated the need for these

openings, which actually degrade the fire safety of corridors, and

manual patrols are no longer used by the type of vessels required to

meet these standards.

Subpart 78.43

The Coast Guard proposes to remove the regulation regarding

railroad passenger car ferries, as railroad passenger car ferries are

no longer in use. Therefore, this regulation is unnecessary.

Sections 78.47-27 and 97.37-20

Gas masks are no longer required by the Coast Guard, therefore the

references to gas masks are proposed for removal.

Section 105.10-1

This section is proposed for removal as this section is

unnecessary. This section contains no regulations or definitions. This

section only states that some terms which are used are defined,

therefore this section is proposed for removal.

Sections 160.001-1 and 160.001-2

Section 160.001-1, contained in the general regulations for life

preservers, states that certain federal and military specifications for

thread are later referenced in the subpart. However, the listed

specifications are no longer referenced, thereby making this section

obsolete. The contents of this section are therefore being deleted. The

section is being revised to contain other information of general

applicability to life preservers.

Section 160.001-2 specifies in paragraph (b) that the minimum

buoyancy for life preservers must be at least 75 N (16.5 lbs.), which

is equal to the buoyancy of cork and balsa wood life preservers. As

cork and balsa life preservers are no longer approved, the Coast Guard

is proposing to increase the minimum buoyancy value for the preservers

to 100 N (22 lbs.), the buoyancy of the lowest currently approved adult

design. Current Coast Guard regulations do not allow for the approval

of any type of life preserver with a buoyancy less than 100 N (22 lbs.)

and therefore this change will have no substantive effect.

Current paragraph 160.001-2(d) requires that life preservers must

be reversible. However, the Coast Guard has approved designs which are

not reversible. In addition, SOLAS provides for approval of designs

that clearly can be put on in only one way. Therefore, the Coast Guard

proposes to revise this section to reflect that a non-reversible life

preserver may be approved, as well as adding a provision to allow

approval of designs that are capable of being donned in more than one

way, but which tests show a majority of users don correctly without

demonstration and the design poses no significant risk to the user if

the device is inadvertently donned inside-out.

Sections 160.006, 160.006-1, 160.006-4, and 160.006-5

These sections of 46 CFR subpart 160.006 apply to the cleaning

process for PFDs. They are being proposed for removal and the title

changed because there have been no applications for the approval of

cleaning processes in many years and there are currently no approved

cleaning processes for PFDs.

Sections 160.024-6, 160.035-2, 160.035-3, 160.035-4, 160.035-5,

160.035-6, 160.035-7, and 160.035-9

The regulations setting out specifications for, or requiring the

carriage of, the following items are proposed for removal as the

regulations are obsolete: the container for storing the signals on

lifeboats and liferafts; classifications for motor lifeboats;

specifications for riveting lifeboats; specifications for the keel,

stem, sternpost, gunwales, shell plating, floors, nosings, breast

plates, thwarts, sides and end benches, stanchions, footings, rudders,

buoyancy tanks for lifeboats; steel hand propelled lifeboats; Class 2

lifeboats; wooden lifeboats; definitions of the cubic capacity of

lifeboats and the number of persons a lifeboat may be permitted to

accommodate.

Sections 167.65-45 and 196.05-1

These sections are proposed for revision to remove references to

Coast Guard Districts which no longer exist, District 3 and District

12.

Section 170.210

The Coast Guard indefinitely delayed the implementation of this

section by a notice in the Federal Register on December 10, 1992 [57 FR

58406] to further investigate the costs associated with the performance

of the periodic

[[Page 58814]]

lightweight survey the section requires. After careful consideration

the Coast Guard has determined that the requirements of this section

will not significantly contribute to enhanced vessel safety and, if

implemented, would result in an unnecessary and excessive economic

burden. Therefore, this section, containing the provisions for periodic

lightweight verification for those vessels not required to be SOLAS

certificated are proposed for removal.

Statutory Language Repeated

Section 3.01-3

This section is proposed for removal because this section

duplicates the authority citation for the subpart.

Section 30.20-1

This section repeats the definition of Officer in Charge, Marine

Inspection, which is stated in Sec. 30.10-47.

Section 30.20-10(b)

Section 30.20-10(b) describes the conditions in which certificates

of inspection may be revoked or suspended. Section 30.20-10(b) is

proposed for deletion as the information contained in Sec. 30.20-10(b)

is also contained in Sec. 31.05-10(c).

Section 30.20-50

Section 30.20-50 states that any person affected by a decision or

action may appeal therefrom in accordance with 46 CFR subpart 1.03.

Section 30.20-50 is proposed for removal, as the appeal procedures

contained in 46 CFR subpart 1.03 specifically state they apply

throughout title 46.

Section 32.60-25

In Sec. 32.60-25, paragraph (b) is proposed for removal, as this

paragraph only directs the reader to see 46 CFR subpart 32.57 for

structural fire protection regulations for tank vessels contracted for

on or after January 1, 1963.

Sections 35.12, 78.53, 97.43, 167.65-50, and 196.43

These subparts and section apply to placards of lifesaving signals.

These subparts and section are no longer necessary because regulations

for the necessary information for lifesaving signals are contained in

the newly revised Subchapter W (61 FR 25272), which contains lifesaving

requirements for all vessels. Therefore, these regulations are proposed

for removal from individual subchapters.

Section 154.1445

Section 154.1445 is proposed for removal as this section contains

lifesaving requirements. Lifesaving requirements are now contained in

the newly revised Subchapter W (61 FR 25272).

Sections 160.013-4, 160.016-3, 160.041-5(a), 160.044-4(a), 160.054-

5(a), 160.056-5, and 160.061-6

The regulations listed state that the Coast Guard may inspect the

place of manufacture for the following items: hatchets (lifeboat and

liferaft) for merchant vessels; flame safety lamps, first aid kits for

merchant vessels; lifeboat bilge pumps for merchant vessels; first aid

kits for inflatable liferafts; rescue boats; and emergency fishing

tackle kits for merchant vessels. The Coast Guard proposes to remove

these regulations because they unnecessarily duplicate provisions in 46

CFR 159.005. 46 CFR 159.005-5(3) states that the manufacturer of

approved equipment must allow access to the place of manufacture to an

official representative of the Coast Guard.

Sections 160.013-6, 160.041-7, 160.043-7, 160.044-6, 160.054-7,

160.058-6, 160.061-7, 160.062-6 (a), (b), and (d)

These regulations apply to the procedures for approvals of:

hatchets (lifeboats and liferafts) for merchant vessels; first aid kits

for merchant vessels; jackknives (with can opener) for merchant

vessels; lifeboat bilge pumps for merchant vessels, first aid kits for

inflatable liferafts; sea water desalter kits for merchant vessels,

emergency fishing tackle kits for merchant vessels; hydraulic and

manual lifesaving equipment releases. The Coast Guard proposes to

remove these regulations because they unnecessarily duplicate

provisions in 46 CFR 159.005. 46 CFR 159.005 describes approval

procedures for equipment and materials which require preapproval

inspections and tests by an independent laboratory; or preapproval

inspections and tests by the manufacturer; or no preapproval

inspections or tests. The approvals described in the cites listed above

meet one of these conditions, therefore the specific approval

procedures for the individual types of equipment may be removed.

Finally, the proposed changes would streamline the Coast Guard's

regulations.

Incorporation by Reference

Material that would be incorporated by reference is contained in 33

CFR 155.140 and 159.2, and 46 CFR 34.01-15, 35.01-3, 56.01-2, 63.05-1,

76.01-2, 78.01-2, 95.01-2, 97.01-2, 108.101, 109.105, 164.013-2,

172.020, and 193.01-3. Copies of the material are available for

inspection where indicated under ADDRESSES. Copies of the material are

available from the sources listed in 33 CFR 155.140 and 159.2, and 46

CFR 34.01-15, 35.01-3, 56.01-2, 63.05-1, 76.01-2, 78.01-2, 95.01-2,

97.01-2, 108.101, 109.105, 164.013-2, 172.020, and 193.01-3. Copies of

the material are available for inspection in Room 1308, U.S. Coast

Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001.

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

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

incorporation by reference.

Regulatory Evaluation

This proposal is not a significant regulatory action under section

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

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

has not been reviewed by the Office of Management and Budget under that

order. It is not significant under the regulatory policies and

procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979).

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

so minimal that a full Regulatory Evaluation under paragraph 10e of the

regulatory policies and procedures of DOT is unnecessary. This

regulation proposes to remove obsolete, unnecessary or excessive

provisions, and to harmonize existing regulations with current

international and national safety standards, therefore, the economic

impact of this regulation is expected to be minimal.

Vessel owners or operators will not be required to purchase the

international and national standards incorporated by reference in this

proposed rule. If purchased, the total one-time cost of all the

reference materials included in this proposal is estimated to be $250.

The Coast Guard did not itemize the cost of reference materials by

vessel type. However, the cost of purchasing these materials is

estimated to be significantly less than $250 per vessel because the

vessel owner or operator will only need to reference materials for

standards that apply to their vessel type(s). Vessels owners or

operators needing to reference these publications can chose to purchase

them. However, most of the reference materials are available in the

public forum at no cost.

A portion of the tank vessel industry may be affected by the cost

of fitting additional emergency towing equipment. These vessels were

required under 33 CFR Part 155, Emergency towing capability for oil

tankers (58 FR

[[Page 58815]]

67996), to install this equipment on either the bow or stern by 1997.

This proposal will make the arrangement required on both ends of a

vessel at an estimated one-time cost per vessel of $47,175 by 1999 as

required currently in SOLAS. This proposal will only affect oil

tankships between 20,000 to 50,000 deadweight tons that are not

presently subject to SOLAS. In some cases, the Coast Guard has allowed

delayed compliance of 33 CFR 155 for existing oil tankships until 1999.

This proposal changes the existing 33 CFR 155 implementation date of

1997 to 1999 for all tankships including those ships that may require

an additional towing arrangement installation. This proposed delay will

allow tank vessel owners or operators the flexibility to comply without

additional drydocking expense and provides them the time to research

and compare installation costs.

Furthermore, the Coast Guard believes that harmonizing its

regulations to international and national standards will benefit the

maritime industry by simplifying the requirements to which their

vessels are subject.

The Coast Guard solicits cost data and comments to confirm the

economic impact, if any, of these proposed requirements from all

interested parties.

Small Entities

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

Coast Guard must consider whether this proposal, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' may include (1) small businesses and not-

for-profit organizations that are independently owned and operated and

are not dominant in their fields; (2) governmental jurisdictions with

populations of less than 50,000; and (3) a ``small business'' as

defined by section 3 of the Small Business Act (15 U.S.C. 632(a)).

Pursuant to 15 U.S.C. 632(a), the standard industrial classification

codes and size standards are set forth in the table following 13 CFR

121.601.

The Coast Guard believes this proposed rule will have no

significant economic impact on small entities because it amends

portions of regulations that: (1) are purely administrative; (2) do not

reflect common marine industry practice; (3) do not have general

applicability; or (4) are repeated in other sections (see Regulation

Evaluation section of this document for cost estimates). In cases where

small entities may need to use publications, referred to in this

proposal, they are available in the public forum at no cost or can be

purchased at minimal cost. In addition, the proposed requirement to

install an emergency towing arrangement only affects oil tankships

between 20,000 and 50,000 deadweight tons not presently subject to

SOLAS. The Coast Guard is not aware of any vessels in this category

owned or operated by a small entity. If, however, you think that your

business or organization qualifies as a small entity as described and

that this proposal will have a significant economic impact on your

business or organization, please submit a comment (see ``ADDRESSES'')

explaining why you think it qualifies and in what way and to what

degree this proposal will economically affect it.

Collection of Information

This proposal contains no collection-of-information requirements

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

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612 and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

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

Instruction M16475.1B, as reviewed by 59 FR 38654, July 29, 1994, this

proposal is categorically excluded from further environmental

documentation. The rule is a matter of ``manning, documentation,

admeasurement, inspection, and equipping of vessels'' as well as,

``equipment approval and carriage requirements'' within the meaning of

subparagraphs 2.B.2.e(34)(d) and (e) of Commandant Instruction

M16475.1B that clearly has no significant environmental impact. A

``Categorical Exclusion Determination'' is available in the docket for

inspection or copying where indicated under ``ADDRESSES.''

List of Subjects

33 CFR 155

Hazardous substances, Incorporation by reference, Oil Pollution,

Reporting and recordkeeping requirements.

33 CFR 159

Incorporation by reference, Sewage disposal, Vessels.

46 CFR 2

Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR 3

Oceanographic research vessels, Reporting and recordkeeping

requirements, Research.

46 CFR 4

Administrative practice and procedure, Alcohol abuse, Drug abuse,

Drug testing, Investigations, Marine safety, National Transportation

Safety Board, Nuclear vessels, Radiation protection, Reporting and

recordkeeping requirements, Safety, Transportation.

46 CFR 6

Navigation (water), Reporting and recordkeeping requirements,

Vessels.

46 CFR 7

Law enforcement, Vessels.

46 CFR 10

Reporting and recordkeeping requirements, Schools, Seamen.

46 CFR 12

Reporting and recordkeeping requirements, Seaman.

46 CFR 15

Reporting and recordkeeping requirements, Seaman, Vessels.

46 CFR 16

Drug testing, Marine safety, Reporting and recordkeeping

requirements, Safety, Transportation.

46 CFR 24

Marine safety.

46 CFR 25

Fire prevention, Marine safety, Reporting and recordkeeping

requirements.

46 CFR 26

Marine safety, Penalties, Reporting and recordkeeping requirements.

46 CFR 28

Fire prevention, Fishing vessels, Marine safety, Occupational

safety and health, Reporting and recordkeeping requirements, Seaman.

46 CFR 30

Cargo vessels, Foreign relations, Hazardous materials

transportation, Penalties, Reporting and recordkeeping requirements,

Seaman.

46 CFR 31

Cargo vessels, Marine safety, Reporting and recordkeeping

requirements.

46 CFR 32

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

Occupational

[[Page 58816]]

safety and health, Reporting and recordkeeping requirements, Seaman.

46 CFR 34

Cargo vessels, Fire prevention, Incorporation by reference, Marine

safety.

46 CFR 35

Cargo vessels, Incorporation by reference, Marine safety,

Navigation (water), Occupational safety and health, Reporting and

recordkeeping requirements, Seaman.

46 CFR 39

Cargo vessels, Fire prevention, Hazardous materials transportation,

Marine safety, Occupational safety and health, Reporting and

recordkeeping requirements.

46 CFR 50

Reporting and recordkeeping requirements, Vessels.

46 CFR 56

Incorporation by reference, Reporting and recordkeeping

requirements, Vessels.

46 CFR 58

Reporting and recordkeeping requirements, Vessels.

46 CFR 61

Reporting and recordkeeping requirements, Vessels.

46 CFR 63

Incorporation by reference, Reporting and recordkeeping

requirements, Vessels.

46 CFR 68

Vessels

46 CFR 69

Measurement standards, Penalties, Reporting and recordkeeping

requirements, Vessels.

46 CFR 70

Marine safety, Passenger vessels, Reporting and recordkeeping

requirements.

46 CFR 71

Marine safety, Passenger vessels, Reporting and recordkeeping

requirements.

46 CFR 72

Fire prevention, Marine safety, Occupational safety and health,

Passenger vessels, Seamen.

46 CFR 76

Fire prevention, Incorporation by reference, Marine safety,

Passenger vessels.

46 CFR 77

Marine safety, Navigation (water), Passenger vessels.

46 CFR 78

Incorporation by reference, Marine safety, Navigation (water),

Passenger vessels, Penalties, Reporting and recordkeeping requirements.

46 CFR 80

Advertising, Marine safety, Passenger vessels, Penalties, Travel.

46 CFR 90

Cargo vessels, Marine safety.

46 CFR 91

Cargo vessels, Marine safety, Reporting and recordkeeping

requirements.

46 CFR 92

Cargo vessels, Fire prevention, Marine safety, Occupational safety

and health, Seamen.

46 CFR 93

Cargo vessels, Marine safety, Reporting and recordkeeping

requirements.

46 CFR 95

Cargo vessels, Fire prevention, Incorporation by reference, Marine

safety.

46 CFR 96

Cargo vessels, Marine safety, Navigation (water).

46 CFR 97

Cargo vessels, Incorporation by reference, Marine safety,

Navigation (water), Reporting and recordkeeping requirements.

46 CFR 105

Cargo vessels, Fishing vessels, Hazardous materials transportation,

Marine safety, Petroleum, Seamen.

46 CFR 108

Fire prevention, Incorporation by reference, Marine safety,

Occupational safety and health, Oil and gas exploration, Vessels.

46 CFR 109

Incorporation by reference, Marine safety, Occupational safety and

health, Oil and gas exploration, Reporting and recordkeeping

requirements, Vessels.

46 CFR 147A

Fire prevention, Hazardous substances, Occupational safety and

health, Pesticides and pests, Seamen, Vessels.

46 CFR 148

Cargo vessels, Hazardous materials transportation, Marine safety.

46 CFR 150

Hazardous materials transportation, Marine safety, Occupational

safety and health, Reporting and recordkeeping requirements.

46 CFR 151

Cargo vessels, Hazardous materials transportation, Marine safety,

Reporting and recordkeeping requirements, Water pollution control.

46 CFR 153

Administrative practice and procedure, Cargo vessels, Hazardous

materials transportation, Marine safety, Reporting and recordkeeping

requirements, Water pollution control.

46 CFR 154

Cargo vessels, Gases, Hazardous materials transportation, Marine

safety, Reporting and recordkeeping requirements.

46 CFR 159

Business and industry, Laboratories, Marine safety, Reporting and

recordkeeping requirements.

46 CFR 160

Marine safety, Reporting and recordkeeping requirements.

46 CFR 164

Fire prevention, Incorporation by reference, Marine safety,

Reporting and recordkeeping requirements.

46 CFR 166

Schools, Seamen, Vessels.

46 CFR 167

Fire prevention, Marine safety, Reporting and recordkeeping

requirements, Schools, Seamen, Vessels.

46 CFR 168

Occupational safety and health, Schools, Seamen, Vessels.

46 CFR 170

Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR 172

Cargo vessels, Hazardous materials transportation, Incorporation by

reference, Marine safety.

46 CFR 188

Marine safety, Oceanographic research vessels.

[[Page 58817]]

46 CFR 189

Marine safety, Oceanographic research vessels, Reporting and

recordkeeping requirements.

46 CFR 193

Fire prevention, Incorporation by reference, Marine safety,

Oceanographic research vessels.

46 CFR 195

Marine safety, Navigation (water), Oceanographic research vessels.

46 CFR 196

Marine safety, Oceanographic research vessels, Reporting and

recordkeeping requirements.

46 CFR 197

Benzene, Diving, Marine safety, Occupational safety and health,

Reporting and recordkeeping requirements, Vessels.

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

to amend 33 CFR parts 155 and 159 and 46 CFR Parts 2, 3, 4, 6, 7, 10,

12, 15, 16, 24, 25, 26, 28, 30, 31, 32, 34, 35, 39, 50, 56, 58, 61, 63

68, 69, 70, 71, 72, 76, 77, 78, 80, 90, 91, 92, 93, 95, 96, 97, 105,

108, 109, 147A, 148, 150, 151, 153, 154, 159, 160, 164, 166, 167, 168,

170, 172, 188, 189, 193, 195, 196, and 197 as follows:

33 CFR __________

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION

REGULATIONS FOR VESSELS

1. The authority citation for Part 155 continues to read as

follows:

Authority: 33 U.S.C. 1231, 1321(j)(1), 46 U.S.C. 3715; E.O.

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

155.100 through 155.130, 155.350 through 155.400, 155.430, 155.440,

155.470, and 155.1010 through 155.1070 also issued under 33 U.S.C.

1903(b). Sections 155.480, 155.750(e), and 155.775 are issued under

46 U.S.C. 2103 and section 4110, Pub. L. 101-380, 104 Stat. 515 (46

U.S.C. 3703 note).

Note: Additional requirements for vessels carrying oil or

hazardous materials are contained in 46 CFR parts 30 through 36,

150, 151, and 153.

Sec. 155.140 [Amended]

2. In Sec. 155.140, paragraph (b) is amended by adding in

alphabetical order to the organizations referenced, the following

standards:

Sec. 155.140 Incorporation by reference.

* * * * *

(b) * * *

International Maritime Organization (IMO) Publications

* * * * *

Resolution MSC.35(63).

Adoption of Guidelines for Emergency Towing Arrangements on

Tankers, May 20, 1994...........................................155.235

* * * * *

3. Section 155.235 is revised to read as follows:

Sec. 155.235 Emergency towing capability for oil tankers.

An emergency towing arrangement shall be fitted at both ends on

board all oil tankers of not less than 20,000 deadweight tons (dwt),

constructed on or after [publication date of the final rule]. For oil

tankers constructed before [publication date of the final rule], such

an arrangement shall be fitted at the first scheduled dry-docking after

[publication date of the final rule] but not later than 1 January 1999.

The design and construction of the towing arrangement shall be in

accordance with IMO resolution MSC.35(63).

PART 159--MARINE SANITATION DEVICES

4. The authority citation for Part 159 continues to read as

follows:

Authority: Sec. 312(b)(1), 86 Stat. 871 (33 U.S.C. 1322(b)(1));

49 CFR 1.45(b) and 1.46(l) and (m).

Sec. 159.2 [Added]

5. Section 159.2 is added to read as follows:

Sec. 159.2 Incorporation by reference.

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

with the approval of the Director of the Federal Register under 5

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

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

publish notice of change in the Federal Register; and the material must

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

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

Street NW., Suite 700, Washington, DC, and at the U.S. Coast Guard,

Lifesaving and Fire Safety Division (G-MSE-4), 2100 Second Street SW.,

Washington, DC 20593-0001, and is available from the sources indicated

in paragraph (b) of this section.

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

part and the sections affected are as follows:

International Maritime Organization (IMO), Publications Section, 4

Albert Embankment, London, SE1 75 R, England

Resolution MEPC.2(VI), Recommendation on

International Effluent Standards and

Guidelines for Performance Tests for

Sewage Treatment Plants, December

1976...........................................................159.7

6. In Sec. 159.3, the definition of Length is added in alphabetical

order to read as follows:

Sec. 159.3 Definitions.

* * * * *

(g) Length means a straight line measurement of the overall length

from the foremost part of the vessel to the aftermost part of the

vessel, measured parallel to the centerline. Bow sprits, bumpkins,

rudders, outboard motor brackets, and similar fittings or attachments

are not to be included in the measurement.

* * * * *

7. Section 159.5 is revised to read as follows:

Sec. 159.5 Requirements for vessel manufacturers.

No manufacturer may manufacture for sale, sell, offer for sale, or

distribute for sale or resale any vessel equipped with installed toilet

facilities unless it is equipped with:

(a) An operable Type II or III device that has a label on it under

Sec. 159.16 or that is certified under Sec. 159.12 or Sec. 159.12a; or

(b) If the vessel is 19.7 meters (65 feet) or less in length, an

operable Type I device that has a label on it under Sec. 159.16 or that

is certified under Sec. 159.12.

8. In Sec. 159.7, the note is removed and the section is revised to

read as follows:

Sec. 159.7 Requirements for vessel operators.

(a) No person may operate any vessel equipped with installed toilet

facilities unless it is equipped with:

(1) An operable Type II or III device that has a label on it under

Sec. 159.16 or that is certified under Sec. 159.12 or Sec. 159.12a;

(2) If the vessel is 19.7 meters (65 feet) or less in length, an

operable Type I device that has a label on it under Sec. 159.16 or that

is certified under Sec. 159.12; or

(b) When operating a vessel on a body of water where the discharge

of treated or untreated sewage is prohibited by the Environmental

Protection Agency under 40 CFR 140.3 or 140.4, the operator must secure

each Type I or Type II device in a manner which prevents discharge of

treated or untreated sewage. Acceptable methods of securing the device

include--

(1) Closing the seacock and removing the handle;

(2) Padlocking the seacock in the closed position;

(3) Using a non-releasable wire-tie to hold the seacock in the

closed position; or

[[Page 58818]]

(4) Locking the door to the space enclosing the toilets with a

padlock or door handle key lock.

(c) When operating a vessel on a body of water where the discharge

of untreated sewage is prohibited by the Environmental Protection

Agency under 40 CFR 140.3, the operator must secure each Type III

device in a manner which prevents discharge of sewage. Acceptable

methods of securing the device include--

(1) Closing each valve leading to an overboard discharge and

removing the handle;

(2) Padlocking each valve leading to an overboard discharge in the

closed position; or

(3) Using a non-releasable wire-tie to hold each valve leading to

an overboard discharge in the closed position.

9. Section 159.201 is revised to read as follows:

Sec. 159.201 Recognition of facilities.

A recognized facility is an independent laboratory accepted by the

Coast Guard under 46 CFR 159.010 to perform the tests and inspections

required under this part. A list of accepted laboratories is available

from the Commandant (G-MSE-4).

10. Section 159.205 is removed and reserved.

46 CFR __________

PART 2--VESSEL INSPECTIONS

11. The authority citation for Part 2 continues to read as follows:

Authority: 14 U.S.C. 664; 31 U.S.C. 9701; 33 U.S.C. 1903; 43

U.S.C. 1333, 1356; 46 U.S.C. 2110, 3306, 3703, 5115, 8105; E.O.

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

2.45 also issued under the authority of Act Dec. 27, 1950, Ch. 1155,

secs 1, 2, 64 Stat 1120 (see 46 U.S.C. App. Note prec. 1).

12. In Sec. 2.01-1, paragraphs (a)(1) and (d)(2) are revised to

read as follows:

Sec. 2.01-1 Applications for inspections.

(a) * * *

(1) Applications for inspections of vessels required to be

inspected under Subtitle II, Title 46 of the U.S.C. or under 50 U.S.C.

198 shall be made by the master, owner or agent on the following Coast

Guard forms which are obtainable from the Officer in Charge, Marine

Inspection, at any local U.S. Coast Guard Marine Safety Office.

* * * * *

(d) * * *

(2) Certain foreign-built vessels are not permitted to engage in

the U.S. coastwise trade (domestic trade) unless specifically

authorized by law. Therefore, when foreign-built vessels are intended

for use in the coastwise trade as defined by the Bureau of Customs,

such vessels will not be inspected and certificated unless specifically

authorized by law to engage in the coastwise trade.

13. In Sec. 2.01-10, the first sentence of paragraph (b) is revised

to read as follows:

Sec. 2.01-10 Inspection requirements--domestic vessels.

* * * * *

(b) The Coast Guard on its own initiative may examine or inspect or

reinspect at any time any vessel subject to inspection under Subtitle

II, Title 46 of the U.S.C. * * *

14. Section 2.01-20 is revised to read as follows:

Sec. 2.01-20 Revocation of certificates of inspection.

Under the authority of 46 U.S.C. 3313 and 46 U.S.C. 3710, a

certificate of inspection issued to a vessel may be suspended or

revoked if a vessel is found not to comply with the terms of its

certificate or fails to meet a standard required by this chapter.

15. In Sec. 2.01-40, paragraph (a) is revised to read as follows:

Sec. 2.01-40 Passengers or persons in addition to crew on cargo or

tank vessels.

(a) Under the authority of 46 U.S.C. 3304, a documented vessel

transporting cargo may be allowed by its certificate of inspection to

carry not more than 12 individuals in addition to the crew on

international voyages and not more than 16 individuals in addition to

crew on other voyages.

* * * * *

16. In Sec. 2.01-45, paragraph (a) is revised to read as follows:

Sec. 2.01-45 Excursion permit.

(a) Under the authority of 46 U.S.C. 2113, a passenger vessel may

be permitted to engage in excursions and carry additional numbers of

passengers. For details see part 71 of subchapter H (Passenger Vessels)

of this chapter.

* * * * *

17. In Sec. 2.01-50, paragraph (a) is revised to read as follows:

Sec. 2.01-50 Persons other than crew on towing, oyster, or fishing

steam vessels.

(a) A steam vessel engaged in towing, oyster dredging and planting,

and fishing may be permitted to carry persons in addition to its crew.

* * * * *

Subpart 2.45--[Removed]

18. Subpart 2.45 is removed.

Subpart 2.50--[Removed]

19. Subpart 2.50 is removed.

Sec. 2.75-19 [Amended]

20. In Sec. 2.75-19, paragraph (a) is amended by removing the words

``Merchant Marine Council'' and replacing them with the terms ``Marine

Safety Council.''

Sec. 2.75-50 [Amended]

21. In Sec. 2.75-50, paragraph (a) is amended by removing the words

``Merchant Marine Council'' and replacing them with the terms ``Marine

Safety Council''.

22. Section 2.85-1 is revised to read as follows:

Sec. 2.85-1 Assignment of load lines.

Most U.S. vessels, and foreign vessels in U.S. waters are required

to have load line assignments in accordance with [46 U.S.C. Chapter

51]. The load lines marks when placed on a vessel indicate the maximum

draft to which such vessel can be lawfully submerged, in the various

circumstances and seasons applicable to such vessel. See subchapter E

(Load Lines) of this chapter for applicable details governing

assignment and marking of load lines.

PART 3--DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS

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

Authority: 46 U.S.C. 2113, 3306; 49 CFR 1.46.

Sec. 3.01-1 [Amended]

24. Section 3.01-1 is amended by removing the terms ``46 U.S.C.

441'' and replacing it with the terms ``46 U.S.C. 2101(18)''.

Sec. 3.01-3 [Removed]

25. Section 3.01-3 is removed.

Sec. 3.03-1 [Amended]

26. Section 3.03-1 is amended by removing the terms ``46 U.S.C.

441'' and replacing it with the terms ``46 U.S.C. 2101(18)''.

Sec. 3.10-1 [Amended]

27. In Sec. 3.10-1, paragraph (a) is amended by removing the terms

``under the provisions of 46 U.S.C. 441''.

PART 4--MARINE CASUALTIES AND INVESTIGATIONS

28. The authority citation for Part 4 continues to read as follows:

Authority: 33 U.S.C. 1231; 43 U.S.C. 1333; 46 U.S.C. 2103, 2306,

6101, 6301, 6305; 50 U.S.C. 198; 49 CFR 1.46. Authority for

[[Page 58819]]

subpart 4.40: 49 U.S.C. 1903(a)(1)(E); 49 CFR 1.46.

Sec. 4.01-3 [Added]

29. In Sec. 4.01-3, paragraph (d) is added to read as follows:

Sec. 4.01-3 Reporting exclusion.

* * * * *

(d) Except as provided in subpart 4.40, public vessels are excluded

from the requirements of this part.

30. Section 4.03-40 is revised to read as follows:

Sec. 4.03-40 Public vessels.

Public vessel means a vessel that--

(a) Is owned, or demise chartered, and operated by the U.S.

Government or a government of a foreign country including a vessel

operated by the Coast Guard or Saint Lawrence Seaway Development

Corporation, but not a vessel owned or operated by the Department of

Transportation or any corporation organized or controlled by the

Department; and

(b) Is not engaged in commercial service.

Sec. 4.40-3 [Amended]

31. In Sec. 4.40-3, paragraph (b) is amended by removing the terms

``R.S. 4450 (46 U.S.C. 239)'' and replacing them with the terms ``46

U.S.C. Chapter 63''.

32. In Sec. 4.40-5, paragraph (a) is revised to read as follows:

Sec. 4.40-5 Definitions.

* * * * *

(a) Act means title III of Public Law 93-633, the Independent

Safety Board Act of 1974 (49 U.S.C. 1131).

* * * * *

Sec. 4.40-30 [Amended]

33. In Sec. 4.40-30, paragraph (f) is amended by removing the terms

``R.S. 4450 (46 U.S.C. 239)'' and replacing it with the terms ``46

U.S.C. Chapter 63''.

PART 6--WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND

REGULATIONS \1\

34. The authority citation for Part 6 continues to read as follows:

Authority: Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat.

1120 (see 46 U.S.C. App. Note prec. 1); 49 CFR 1.46.

Sec. 6.07 [Amended]

35. In Sec. 6.07, paragraph (a) is amended by removing the terms

``subsection (h) of R.S. 4551, as amended (46 U.S.C. 643)'' and

replacing it with the terms ``46 U.S.C. 10311 (c)''. Paragraph (b) is

amended by removing the terms ``R.S. 4551 (h), as amended (46 U.S.C.

643)'' and replacing it with the terms ``46 U.S.C. 10311 (c)''.

Sec. 6.15 [Removed]

36. Section 6.15 is removed.

PART 7--BOUNDARY LINES

37. The authority citation for Part 7 continues to read as follows:

Authority: 14 U.S.C. 633; 33 U.S.C. 151; 49 CFR 1.46.

Sec. 7.1 [Amended]

38. Section 7.1 is amended by removing the terms ``46 U.S.C. 88,

the Coastwise Loadline Act;'' and replacing it with the terms ``46

U.S.C. 5102 (b)(6), which exempts from loadline requirements certain

vessels on domestic voyages;''.

PART 10--LICENSING OF MARITIME PERSONNEL

39. The authority citation for Part 10 continues to read as

follows:

Authority: 31 U.S.C. 9701, 46 U.S.C. 2101, 2103, 7101, 7106,

7107; 49 CFR 1.45, 1.46; section 10.107 is also issued under the

authority of 44 U.S.C. 3507.

Sec. 10.202 [Amended]

40. In Sec. 10.202, paragraph (e) is amended by removing the last

sentence.

Sec. 10.470 [Amended]

41. In Sec. 10.470, paragraphs (b)(2)(ii), (d)(2)(ii), (f)(2)(ii),

(h)(2)(i), and (j)(2)(ii), are amended by removing the two last

sentences.

Sec. 10.472 [Amended]

42. In Sec. 10.472, paragraph (a)(2)(ii) is amended by removing the

two last sentences.

Sec. 10.474 [Amended]

43. In Sec. 10.474, paragraph (a)(2)(ii) is amended by removing the

two last sentences.

PART 12--CERTIFICATION OF SEAMEN

44. The authority citation for Part 12 continues to read as

follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2103, 2110, 7301, 7701; 49

CFR 1.46.

Sec. 12.01-5 [Removed]

45. Section 12.01-5 is removed.

Sec. 12.02-19 [Amended]

46. Section 12.02-19 is amended by removing the terms ``R.S. 4450,

as amended (46 U.S.C. 239)'' and replacing it with the terms ``46

U.S.C. Chapter 77''.

Subpart 12.07--[Removed]

47. Subpart 12.07 is removed.

Sec. 12.15-13 [Amended]

48. In Sec. 12.15-13, paragraph (a)(1) is removed and paragraphs

(a)(2), (a)(3), and (a)(4) are redesignated paragraphs (a)(1), (a)(2),

and (a)(3) respectively.

Sec. 12.15-15 [Removed]

49. In Sec. 12.15-15, paragraph (a)(1) is removed and paragraphs

(a)(2), (a)(3), and (a)(4) are redesignated as paragraphs (a)(1),

(a)(2), and (a)(3) respectively.

Sec. 12.17-1 [Removed]

50. Section 12.17-1 is removed.

Sec. 12.17-5 [Removed]

51. Section 12.17-5 is removed.

Sec. 12.17-7 [Removed]

52. Section 12.17-7 is removed.

Sec. 12.17-10 [Removed]

53. Section 12.17-10 is removed.

Sec. 12.17-15 [Removed]

54. Section 12.17-15 is removed.

Sec. 12.17-20 [Removed]

55. Section 12.17-20 is removed.

56. Section 12.25-1 is revised to read as follows:

Sec. 12.25-1 Certification required.

Every person employed in a rating other than able seaman or

qualified member of the engine department of U.S. merchant vessels

requiring such certificated persons shall produce a merchant mariner's

document to the master, or person in charge if appropriate, before

signing a shipping articles agreement.

Sec. 12.25-35 [Amended]

57. In Sec. 12.25-35, paragraph (b) is amended by removing the

terms ``under the provisions of title 53 of the Revised Statutes and

the regulations in this subchapter''.

PART 15--MANNING REQUIREMENTS

58. The authority citation for Part 15 continues to read as

follows:

Authority: 46 U.S.C. 3703, 8105; 49 CFR 1.46.

Sec. 15.815 [Amended]

59. In Sec. 15.815, paragraph (c) is amended by removing the terms

``On or after June 1, 1995,'' and by capitalizing the ``e'' in the term

``each''.

PART 16--CHEMICAL TESTING

60. The authority citation for Part 16 continues to read as

follows:

Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701; 49 CFR

1.46.

[[Page 58820]]

Sec. 16.205 [Removed]

61. In Sec. 16.205, paragraphs (a), (b), (c), (d), and (e) are

removed and paragraphs (f) and (g) are redesignated paragraphs (a) and

(b) respectively.

Sec. 16.207 [Removed]

62. In Sec. 16.207, paragraph (b) is removed and the paragraph

designation ``(a)'' is removed.

PART 24--GENERAL PROVISIONS

63. The authority citation for Part 24 continues to read as

follows:

Authority: 46 U.S.C. 2113, 3306, 4104, 4302; E.O. 12234, 45 FR

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

64. In subpart 24.01, the title is revised to read as follows:

Subpart 24.01--Purpose

65. Section 24.01-1 is revised to read as follows:

Sec. 24.01-1 Purpose of regulations.

The purpose of the regulations in this subchapter is to set forth

uniform minimum requirements for uninspected commercial vessels,

certain motor vessels, vessels propelled by said carrying passengers

for hire, and barges carrying passengers for hire.

Sec. 24.01-5 [Removed]

66. Section 24.01-5 is removed.

Sec. 24.10-9 [Amended]

67. Section 24.10-9 is amended by removing the terms ``title 52,

Revised Statutes, and acts amendatory thereof or supplementary thereto,

and rules and regulations thereunder'' and replacing them with the

terms ``Subtitle II, Title 46 U.S. Code and regulations issued under

these statutes''.

Sec. 24.10-15 [Amended]

68. Section 24.10-15 is amended by removing the terms ``title 52,

Revised Statutes, and acts amendatory thereof or supplementary thereto,

and rules and regulations thereunder'' and replacing them with the

terms ``Subtitle II, Title 46 U.S. Code and regulations issued under

these statutes''.

Sec. 24.10-17 [Amended]

69. In Sec. 24.10-17, paragraph (a) is amended by removing the

terms ``, since such a boat is also subject to the Act of April 25,

1940, as amended (46 U.S.C. 526-526u), and the regulations promulgated

thereunder''.

Sec. 24.10-21 [Amended]

70. Section 24.10-21 is amended by removing the terms ``title 52,

Revised Statutes, and acts amendatory thereof or supplementary thereto,

and rules and regulations thereunder'' and replacing them with the

terms ``Subtitle II, Title 46 U.S. Code and regulations issued under

these statutes''.

Sec. 24.15-5 [Amended]

71. Section 24.15-5 is amended by removing the terms ``the

Motorboat Act of 1940 (46 U.S.C. 526-526u) and the regulations in'' and

removing the paragraph designation ``(a)''.

PART 25--REQUIREMENTS

72. The authority citation for Part 25 continues to read as

follows:

Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4302; 49 CFR 1.46.

Sec. 25.26-5 [Amended]

73. In Sec. 25.26-5, paragraphs (b) introductory text and (c)

introductory text are amended by removing the terms ``After March 10,

1994,'' and capitalizing the letter ``t'' in the term ``the''.

Sec. 25.26-20 [Amended]

74. In Sec. 25.26-20, paragraphs (a) introductory text and (b)

introductory text are amended by removing the terms ``After March 10,

1994,'' and capitalizing the letter ``t'' in the term ``the''.

75. In Sec. 25.40-1, paragraphs (c) and (d) introductory text are

revised to read as follows:

Sec. 25.40-1 Tanks and engine spaces.

* * * * *

(c) Boats which are manufactured or used primarily for commercial

use; which are leased, rented or chartered to another for the latter

commercial use; which are engaged in the carriage of six or fewer

passengers; or which are in compliance with the requirements of 33 CFR

part 183 are exempted from these requirements.

(d) Boats built after July 31, 1978, which are manufactured or used

primarily for noncommercial use; which are rented, leased or chartered

to another for the latter's noncommercial use; or which are engaged in

conveying six or fewer passengers are exempted from the requirements of

paragraph (a) for fuel tank compartments that:

* * * * *

PART 26--OPERATIONS

76. 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.

77. Section 26.03-5 is revised to read as follows:

Sec. 26.03-5 Action required after accident.

(a) Whenever an undocumented vessel is involved in a marine

casualty, the master or individual in charge shall--

(1) Render necessary assistance to each individual affected to save

that affected individual from danger caused by a marine casualty, so

far as the master or individual in charge can do so without serious

danger to the master's or the individual's vessel or to individuals on

board; and

(2) Give the master's or individual's name and address and

identification of the vessel to the master or individual in charge of

any other vessel involved in the casualty, to any individual injured,

and to the owner of any property damaged.

(b) Undocumented vessels involved in marine casualties shall report

the casualty in accordance with the requirements of 33 CFR part 173,

subpart C.

Subpart 26.10--[Removed]

78. Subpart 26.10 is removed.

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

79. The authority citation for Part 28 continues to read as

follows:

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

5103, 5106; 49 CFR 1.46.

80. In Sec. 28.120, paragraph (c) is removed, paragraphs (d), (e),

(f), (g), and (h) are redesignated paragraphs (c), (d), (e), (f), and

(g) respectively, and paragraph (a) is revised to read as follows:

Sec. 28.120 Survival craft.

(a) Except as provided in paragraphs (b) through (g) of this

section, each vessel must carry the survival craft specified in tale

28.120(a), table 28.120(b), or table 28.120(c), as appropriate for the

vessel, in an aggregate capacity to accommodate the total number of

individuals on board.

* * * * *

Sec. 28.380 [Amended]

81. In Sec. 28.380, paragraph (b) is amended by inserting the term

``electrical heating tape,'' between the terms ``galley uptake,'' and

``or similar source of ignition.''

PART 30--GENERAL PROVISIONS

82. The authority citation for Part 30 continues to read as

follows:

Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5103, 5106; 49

CFR 1.45, 1.46; Section

[[Page 58821]]

30.01-2 also issued under the authority of 44 U.S.C. 3507; Section

30.01-5 also issued under the authority of Sec. 4109, Pub. L. 101-

380, 104 Stat. 515.

Sec. 30.01-3 [Removed]

83. Section 30.01-3 is removed.

Sec. 30.01-15 [Removed]

84. In Sec. 30.01-15, paragraph (a) is removed and the paragraph

designation ``(b)'' is removed.

Sec. 30.01-20 [Removed]

85. Section 30.01-20 is removed.

Sec. 30.10-19 [Amended]

86. Section 30.10-19 is amended by removing the terms ``title 52,

R.S., acts amendatory thereof or supplemental thereto, rules and

regulations thereunder and the inspections required thereby'' and

replacing them with the terms ``Subtitle II, Title 46, U.S. Code and

regulations issued under these statutes''.

Sec. 30.10-43 [Amended]

87. Section 30.10-43 is amended by removing the terms ``title 52,

R.S., acts amendatory thereof or supplemental thereto, rules and

regulations thereunder and the inspections required thereby'' and

replacing them with the terms ``Subtitle II, Title 46, U.S. Code and

regulations issued under these statutes''.

Sec. 30.10-47 [Amended]

88. Section 30.10-47 is amended by removing the terms ``title 52,

R.S., acts amendatory thereof or supplemental thereto, rules and

regulations thereunder and the inspections required thereby'' and

replacing them with the terms ``Subtitle II, Title 46, U.S. Code and

regulations issued under these statutes''.

Subpart 30.20--[Removed]

89. Subpart 30.20 is removed.

PART 31--INSPECTION AND CERTIFICATION

90. 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.

91. In Sec. 31.10-5, paragraph (a)(1) is revised to read as

follows:

Sec. 31.10-5 Inspection of new tank vessels--TB/ALL.

(a) * * *

(1) The plans and specifications shall include the arrangement of

the cargo gear. Plans and specifications for cargo gear shall be

approved by either a recognized classification society or the

International Cargo Gear Bureau, whose home office is located at 17

Battery Place, New York, NY 10004, prior to submission to the Officer

in Charge, Marine Inspection.

* * * * *

92. In Sec. 31.10-16, paragraphs (a), (b)(3), (c) and (e) are

revised to read as follows:

Sec. 31.10-16 Inspection and certification of cargo gear--TB/ALL

(a) The owner, operator or master shall provide the Officer in

Charge, Marine Inspection with all current valid certificates and

registers of cargo gear issued by competent persons or a recognized

organization or nonprofit association approved by the Commandant to

certify the suitability of the cargo gear.

(b) * * *

(3) Indicate that the cargo gear described in the certificate or

register complies with the standards of the organization or association

authorized to issue the certificate or register.

(c) Competent persons for the purposes of this section are defined

as--

(1) Surveyors of a classification society recognized by the

Commandant under 46 U.S.C. 3316;

(2) Surveyors of a recognized cargo gear organization;

(3) Responsible officials or employees of the testing laboratories,

companies, or organizations who conduct tests of pieces of loose cargo

gear, wire rope, or the annealing of gear as may be required by the

standards of the organization or association authorized to issue the

certificate or register.

(d) * * *

(e) The authorization for an organization to perform the required

inspection is granted at the discretion of the Commandant (G-MOC), and

will continue until suspended, canceled, or modified. The following

organizations are currently recognized, by the Commandant (G-MOC), as

having the technical competence to handle the required inspection:

The International Cargo Gear Bureau, Inc., with home office at

17 Battery Place, New York, NY 10004.

93. In Sec. 31.10-20, paragraphs (a) and (d) are revised to read as

follows:

Sec. 31.10-20 Definitions relating to hull examinations--TB/ALL.

(a) Drydock examination means hauling out of a vessel or placing a

vessel in a drydock or slipway for an examination of all accessible

parts of the vessel's underwater body and all through-hull fittings.

* * * * *

(d) Underwater survey means the examination, while the vessel is

afloat, of all accessible parts of the vessel's underwater body and all

through-hull fittings.

94. In Sec. 31.10-21, paragraphs (d)(4), (e) introductory text and

(e)(1) are revised to read as follows:

Sec. 31.10-21 Drydock examination, internal structural examination,

cargo tank internal examination, and underwater survey intervals--TB/

ALL.

* * * * *

(d) * * *

(4) The means that will be provided for examining through-hull

fittings.

* * * * *

(e) Vessels otherwise qualifying under paragraph (d) of this

section, that are 15 years of age or older may be considered for

continued participation in or entry into the underwater survey program

on a case-by-case basis if--

(1) Before the vessel's next scheduled drydocking, the owner or

operator submits a request for participation or continued participation

to Commandant (G-MOC);

* * * * *

Sec. 31.10-33 [Removed]

95. Section 31.10-33 is removed.

Subpart 31.37--[Removed]

96. Subpart 31.37 is removed.

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

97. The authority citation for Part 32 continues to read as

follows:

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

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

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

98. In Sec. 32.53-1, paragraph (c) is revised to read as follows:

Sec. 32.53-1 Application--T/ALL.

* * * * *

(c) This part does not apply to vessels as stated in 46 U.S.C.

3702.

99. In Sec. 32.53-10, paragraphs (c), (d), (e), and (f) are removed

and paragraph (b) is revised to read as follows:

Sec. 32.53-10 General--T/ALL.

* * * * *

(b) Each inert gas system must be designed, constructed and

installed in accordance with the provisions of SOLAS II-2, Regulation

62, with the following provisions:

[[Page 58822]]

(1) Acceptable types of water seals include the wet and semiwet

type. Other types of seals may be accepted on a case by case basis if

approval is given by the Coast Guard Marine Safety Center.

(2) If a vapor collection system required to meet part 39 of this

subchapter is connected to the inert gas system, the instruction manual

required by SOLAS II-2. Regulation 62.21 must include procedures

relating to vapor collection operations.

Sec. 32.53-15 [Removed]

100. Section 32.53-15 is removed.

Sec. 32.53-20 [Removed]

101. Section 32.53-20 is removed.

Sec. 32.53-25 [Removed]

102. Section 32.53-25 is removed.

Sec. 32.53-30 [Removed]

103. Section 32.53-30 is removed.

Sec. 32.53-35 [Removed]

104. Section 32.53-35 is removed.

Sec. 32.53-40 [Removed]

105. Section 32.53-40 is removed.

Sec. 32.53-45 [Removed]

106. Section 32.53-45 is removed.

Sec. 32.53-50 [Removed]

107. Section 32.53-50 is removed.

Sec. 32.53-55 [Removed]

108. Section 32.53-55 is removed.

Sec. 32.53-60 [Removed]

109. Section 32.53-60 is removed.

Sec. 32.53-65 [Removed]

110. Section 32.53-65 is removed.

Sec. 32.53-70 [Removed]

111. Section 32.53-70 is removed.

Sec. 32.53-75 [Removed]

112. Section 32.53-75 is removed.

Sec. 32.53-80 [Removed]

113. Section 32.53-80 is removed.

Sec. 32.53-85 [Removed]

114. Section 32.53-85 is removed.

115. In Sec. 32.55-20, paragraph (e) is added to read as follows:

Sec. 32.55-20 Venting of cargo tanks of tankships constructed on or

after July 1, 1951--T/ALL.

* * * * *

(e) Tank vents which meet the requirements of SOLAS will be

considered equivalent to the provisions of this section.

Sec. 32.55-40 [Removed]

116. Section 32.55-40 is removed.

117. In Sec. 32.56-1, the text is redesignated as paragraph (a) and

paragraph (b) is added to read as follows:

Sec. 32.56-1 Application--T/ALL.

* * * * *

(b) SOLAS-certificated vessels may be considered equivalent to the

provisions of this subpart.

118. In Sec. 32.57-1, the text is redesignated as paragraph (a) and

paragraph (b) is added to read as follows:

Sec. 32.57-1 Application--TB/ALL.

* * * * *

(b) SOLAS-certificated vessels may be considered equivalent to the

provisions of this subpart.

119. In Sec. 32.57-10, paragraph (d)(4) is revised to read as

follows:

Sec. 32.57-10 Construction--TB/ALL.

* * * * *

(d) * * *

(4) The integrity of any deck in way of a stairway opening, other

than a stairtower, shall be maintained by means of ``A'' or ``B'' Class

bulkheads and doors at one level. The integrity of a stairtower shall

be maintained by ``A'' Class doors at every level. The doors shall be

self-closing type. No means shall be provided for locking such doors,

except that crash doors or locking devices capable of being easily

forced in an emergency may be employed provided a permanent and

conspicuous notice to this effect is attached to both sides of the

door. Holdback hooks, or other means of permanently holding the door

open will not be permitted. However, magnetic holdbacks operated from

the bridge or from other suitable remote control positions are

acceptable.

* * * * *

Sec. 32.60-25 [Removed]

120. In Sec. 32.60-25, paragraph (b) is removed and the paragraph

designation (a) is removed.

PART 34--FIREFIGHTING EQUIPMENT

121. 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.

Sec. 34.01-15 [Amended]

122. In Sec. 34.01-15, paragraph (b) is amended by adding in

alphabetical order to the organizations referenced, the following

standard:

Sec. 34.01-15 Incorporation by reference.

* * * * *

(b) * * *

National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269-9101

NFPA 13-1996, Standard for the

Installation of Sprinkler

Systems......................................................34.30-1

Sec. 34.10-5 [Amended]

123. In Sec. 34.10-5, paragraph (f) is revised to read as follows:

Sec. 34.10-5 Fire pumps--T/ALL.

* * * * *

(f) Fire pumps may be used for other purposes provided at least one

of the required pumps is kept available for use on the fire system at

all times. In no case shall a pump having connection to an oil line be

used as a fire pump. Branch lines connected to the fire main for

purposes other than fire and deck wash shall be arranged so that the

requirements of paragraph (b) of this section and any other services

installed on the fire main can be met simultaneously.

* * * * *

Sec. 34.10-10 [Amended]

124. In Sec. 34.10-10, paragraph (h) is revised to read as follows:

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

* * * * *

(h) Fire station hydrant connections shall be brass, bronze, or

other equivalent metal. A uniform coupling design shall be used for

each hose diameter throughout the vessel.

* * * * *

Sec. 34.15 [Removed]

125. In Sec. 34.15-5, paragraph (d) is removed and paragraph (e) is

redesignated paragraph (d).

Sec. 34.20-5 [Amended]

126. In Sec. 34.20-5, paragraph (b)(1) is revised to read as

follows:

Sec. 34.20-5 Quantity of foam required--T/ALL.

* * * * *

(b) * * *

(1) For usual petroleum products the rate of supply of foam

solution shall be not less than the greatest of the following:

(i) 0.6 liters/min per square meter of cargo tanks deck area, where

cargo tanks deck area means the maximum breadth of the ship multiplied

by the total longitudinal extent of the cargo tank spaces;

(ii) 6 liters/min per square meter of the horizontal sectional area

of the single tank having the largest such area; or

(iii) 3 liters/min per square meter of the area protected by the

largest

[[Page 58823]]

monitor, such area being entirely forward of the monitor, but not less

than 1,250 liters/min.

* * * * *

Subpart 34.30--[Added]

127. Subpart 34.30, consisting of Sec. 34.30-1, is added to read as

follows:

Subpart 34.30--Automatic Sprinkler Systems, Details

Sec. 34.30-1 Application--TB/ALL.

Automatic sprinkler systems shall comply with NFPA 13-1996.

PART 35--OPERATIONS

128. 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. 35.01-3 [Amended]

129. In Sec. 35.01-3, paragraph (b) is amended by adding in

numerical order of the incorporated standards the following standard:

Sec. 35.01-3 Incorporation by reference.

* * * * *

(b) * * *

ASTM F 1626-1995 Standard Practice for Preparing Shipboard Fire

Control Plans...................................................35.10-3

Sec. 35.01-40 [Removed]

130. Section 35.01-40 is removed.

Sec. 35.07-10 [Amended]

131. In Sec. 35.07-10, paragraph (b)(3) is amended by removing the

terms ``46 U.S.C., sections 85e and 88e, and'' and paragraph (c)(2) is

amended by removing the terms ``See 46 U.S.C. 85e and 88e.''

132. Section 35.10-3 is revised to read as follows:

Sec. 35.10-3 Display of plans--TB/ALL.

Barges constructed on or after [date of publication of the final

rule] with sleeping accommodations for more than six persons and all

self-propelled vessels shall have permanently exhibited for the

guidance of the officer in charge of the vessel the following plans:

(a) General arrangement plans showing for each deck the fire

control stations, the various sections enclosed by fire-resisting

bulkheads, together with particulars of the fire alarms, detecting

systems, the sprinkler installation (if any), the fire extinguishing

appliances, means of access to different compartments, decks, etc., and

the ventilating systems including particulars of the master fan

controls the positions of dampers, the location of the remote means of

stopping fans, and identification numbers of the ventilating fans

serving each section. If cargo compartments are ``specially suitable

for vehicles,'' they shall be so indicated on the plan. Alternatively,

at the discretion of the Commandant, the aforementioned details may be

set out in any other medium, such as a booklet or on computer software,

provided that the aforementioned details are available to each officer

and a copy is retained on board at all times and is accessible during

emergencies. The symbols used to identify the aforementioned details

shall be in accordance with ASTM F 1626-1995.

(b) Plans showing clearly for each deck the boundaries of the

watertight compartments, the openings therein with the means of closure

and position of any controls thereof, and the arrangements for the

correction of any list due to flooding.

(c) The aforementioned information shall be kept up-to-date, any

alteration being recorded thereon in the applicable medium as soon as

practicable.

Subpart 35.12--[Removed]

133. Subpart 35.12 is removed.

134. Section 35.25-15 is revised to read as follows:

Sec. 35.25-15 Carrying of excess steam--TB/ALL.

It shall be the duty of the chief engineer of any tank vessel to

see that a steam pressure is not carried in excess of that allowed by

the certificate of inspection, and to see that the safety valves, once

set by the inspector, are in no way tampered with or made inoperative.

Sec. 35.25-20 [Removed]

135. Section 35.25-20 is removed.

Sec. 35.30-20 [Amended]

136. In Sec. 35.20-20, paragraph (d) is amended by removing the

first sentence.

Sec. 35.30-40 [Removed]

137. In Sec. 35.30-40, paragraph (b) is removed and reserved.

138. Section 35.35-85 is revised to read as follows:

Sec. 35.35-85 Air compressors--TB/ALL.

No person may operate, install, or reinstall an air compressor in a

cargo area described in Sec. 32.35-15 of this chapter.

PART 39--VAPOR CONTROL SYSTEMS

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

follows:

Authority. 33 U.S.C. 1231; 46 U.S.C. 3306, 3703, 3715(b); 45 FR

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

Sec. 39.10-13 [Removed]

140. In Sec. 39.10-13, paragraph (b) is removed and paragraphs (c),

(d), and (e) are redesignated paragraphs (b), (c), and (d)

respectively.

PART 50--GENERAL PROVISIONS

141. The authority citation for Part 50 continues to read as

follows:

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

FR 58801, 3 CFR, 1980 Comp. p. 277; 49 CFR 1.45, 1.46; Section

50.01-20 also issued under the authority of 44 U.S.C. 3507.

Sec. 50.01-5 [Removed]

142. Section 50.01-5 is removed.

Sec. 50.10-5 [Amended]

143. Section 50.10-5 is amended by removing the terms ``title 52,

Revised Statutes, and acts amendatory thereof or supplemental thereto

and rules and regulations thereunder,'' and replacing them with the

terms ``Subtitle II, Title 46, U.S. Code''.

Sec. 50.10-10 [Amended]

144. Section 50.10-10 is amended by removing the terms ``title 52,

Revised Statutes, and acts amendatory thereof or supplemental thereto

and rules and regulations thereunder,'' and replacing them with the

terms ``Subtitle II, Title 46, U.S. Code''.

Sec. 50.10-15 [Amended]

145. Section 50.10-15 is amended by removing the terms ``title 52,

Revised Statutes, and acts amendatory thereof or supplemental thereto

and rules and regulations thereunder,'' and replacing them with the

terms ``Subtitle II, Title 46, U.S. Code''.

PART 56--PIPING SYSTEMS AND APPURTENANCES

146. 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.

Sec. 56.01-2 [Amended]

147. In Sec. 56.01-2, paragraph (b) is amended by revising the

address for the ``American Society for Testing and Materials (ASTM)'';

by removing the

[[Page 58824]]

entry ``ASTM B 154-82, Mercurous Nitrate Test for Copper and Copper

Alloy, 56.60-2''; removing the entry ``ASTM F 1173-88'' and replacing

it with ``ASTM F 1173-95''; and by adding, in alphabetical order to the

organizations whose standards are incorporated by reference, the

following additional standards:

Sec. 56.01-2 Incorporation by reference.

* * * * *

(b) * * *

American Society for Testing and Materials (ASTM), ASTM

International Headquarters, 100 Barr Harbor Dr., West Conshocken, PA

19248-2959,

* * * * *

ASTM B 858M-95 Standard Test Method for Determination of

Susceptibility to Stress Corrosion Cracking in Copper Alloys

Using an Ammonia Vapor Test..................................56.60-2(a)

* * * * *

International Maritime Organization, 4 Albert Embankment, London,

SE1 7SR, United Kingdom.

Resolution A.753(18) Guidelines on the Application of Plastic

Pipes on Ships.................................................56.60-25

* * * * *

148. In Sec. 56.07-10, paragraphs (c) and (e) are revised to read

as follows:

Sec. 56.07-10 Design conditions and criteria (modifies 101-104.7).

* * * * *

(c) Ship motion dynamic effects (replaces 101.5.3). Piping system

designs shall account for the effects of ship motion and flexure,

including weight, yaw, sway, roll, pitch, heave and vibration.

* * * * *

(e) Pressure design (modifies 102.3, 104.1.2 and 104.4).

(1) Materials for use in piping must be selected as described in

Sec. 56.60-1(a) of this part. Tabulated allowable stress values for

these materials shall be measured as indicated in 102.3.1 of ANSI-B-

31.1, Tables 56.60-1(a) and 56.60-2(a).

(2) Allowable stress values, as found in the ASME Code, which are

restricted in application by footnote or which are italicized shall not

be used. Where multiple stresses are listed for a material, the lowest

value of the listing shall be used unless otherwise approved by the

Commandant. In all cases the temperature is understood to be the actual

temperature of the component.

(3) Where the operator desires to use a material not listed,

permission must be obtained from the Commandant. Requirements for

testing found in Sec. 56.97-40(a)(2) and Sec. 56.97-40(a)(4) may affect

design and should be considered. Special design limitations may be

found for specific systems. Refer to subpart 56.50 for specific

requirements.

* * * * *

149. In Sec. 56.10-5, paragraph (d) is revised to read as follows:

Sec. 56.10-5 Pipe.

* * * * *

(d) Nonmetallic pipe. Plastic pipe may be used subject to the

conditions described in Sec. 56.60-25.

150. Section 56.20-15 is revised to read as follows:

Sec. 56.20-15 Valves employing resilient material.

(a) A valve in which the closure is accomplished by resilient

nonmetallic material instead of a metal to metal seat shall comply with

the design, material, construction and testing for valves specified in

this part.

(b) Valves shall be divided into three categories, Positive

shutoff, Category A and Category B, and shall be tested and used as

follows:

(1) Positive shutoff valves. The closed valve must pass less than

10 ml/hr (0.34 fluid oz/hr) of liquid or less than 3 l/hr (0.11 cubic

ft/hr.) of gas per inch nominal size through the line after removal of

all resilient material and testing at full rated pressure. Packing

material must be fire resistant. Piping subject to internal head

pressure from a tank containing oil must be fitted with Positive

shutoff valves located at the tank in accordance with Sec. 56.50-60(d).

Otherwise Positive shutoff valves may be used in any location in lieu

of a required Category A or Category B valve.

(2) Category A valves. The closed valve must pass less than the

greater of 5 percent of its fully open flow rate or 15 percent (NPS),

where ``NPS'' is the nominal pipe size, of its fully open flow rate

through the line after complete removal of all resilient seating

material and testing at full rated pressure. Category A valves may be

used in any location except where positive shutoff valves are required

by Sec. 56.50-60(d). Category A valves are required in the following

locations:

(i) Valves at vital piping system manifolds;

(ii) Isolation valves in cross-connects between two piping systems,

at least one of which is vital system, where failure of the valve in a

fire would prevent the vital system(s) from functioning as designed.

(iii) Valves providing closure for any opening in the shell of the

vessel.

(3) Category B valves. The closed valve will not provide effective

closure of the line or will permit appreciable leakage from the valve

after the resilient material is damaged or destroyed. Category B valves

are not required to be tested and may be used in any location except

where a Category A or positive shutoff valve is required.

(c) If a valve designer elects to use either calculations or actual

fire testing in lieu of material removal and pressure testing, the

proposed calculation method or test plan must be accepted by the

Commandant (G-MSE).

Sec. 56.50-30 [Removed]

151. In Sec. 56.50-30, paragraph (b)(6) is removed.

Sec. 56.50-50 [Amended]

152. In Sec. 56.50-50, paragraph (c)(3) is removed, paragraph

(c)(4) is redesignated paragraph (c)(3), and paragraph (c)(2) is

revised to read as follows:

Sec. 56.50-50 Bilge and ballast piping.

* * * * *

(c) * * *

(2) Each passenger vessel on an international voyage must comply

with the provisions of SOLAS II-1/21.

* * * * *

Sec. 56.50-90 [Amended]

153. In Sec. 56.50-90, paragraph (e) is amended by removing the

sentence ``No perforations or openings will be permitted throughout the

length of a sounding pipe where fitted to oil tanks.''

Sec. 56.50-103 [Added]

154. A new section. Sec. 56.50-103 is added to read as follows:

Sec. 56.50-103 Fixed oxygen-acetylene distribution piping.

(a) This section applies to fixed piping installed for the

distribution of oxygen and acetylene carried in cylinders as vessel

stores.

(b) The piping system shall include a means, located as close to

the supply cylinders as possible, of regulating the pressure from the

supply cylinders to the suitable pressure at the outlet stations.

(c) Oxygen and acetylene distribution piping and fittings must be:

(1) Seamless steel for acetylene;

(2) Seamless steel or copper for oxygen; and,

(3) Of at least standard wall thickness throughout the distribution

system.

(d) When more than two cylinders are connected to a manifold, the

supply pipe between each cylinder and the manifold shall be fitted with

a non-return valve.

(e) Except for the cylinder manifolds, acetylene is not to be piped

at a pressure in excess of 100 kPa (14.7 psi).

[[Page 58825]]

(f) All pipe joints shall have welded connections.

(g) Branch lines shall not run through unventilated spaces or

accommodation spaces.

(h) Relief valves or rupture discs shall be installed as relief

devices in the piping system if the maximum design pressure of the

piping system can be exceeded. The relief device set pressure shall not

exceed the maximum design pressure of the piping system. Relief devices

shall discharge to a location in the weather at least 3 m (10 ft) from

sources of ignition or openings to spaces or tanks.

(i) Outlet stations are to be provided with suitable protective

devices which will prevent the back flow of gas into the supply lines

and prevent the passage of flame into the supply lines.

(j) Shutoff valves shall be fitted at each outlet.

Sec. 56.60-2 [Removed]

155. In Sec. 56.60-2, paragraph (a) is removed. Paragraph (b)

introductory text is redesignated as introductory text to the section.

Paragraphs (b)(1), (b)(2), (b)(3), (b)(3)(i), (b)(3)(i)(A), and

(b)(3)(i)(B) are redesignated paragraphs (a), (b), (c), (c)(1),

(c)(1)(i), and (c)(1)(ii) respectively. Paragraphs (b)(3)(ii) and

(b)(3)(ii)(A) are redesignated paragraph (c)(2) and revised, and in

Table 56.60-2(a), footnotes 7 and 9 are revised to read as follows:

Sec. 56.60-2 Limitations on materials.

* * * * *

(c) * * *

(1) * * *

(2) For those specifications in which no filler metal is used in

the welding process, the ultrasonic examination as required by item S-6

in ASTM A-376 shall be certified as having been met for service about

800 deg.F.

Table 56.60-2(a)--Adopted Specifications not Listed in the ASME Code.

* * * * *

7 An ammonia vapor test, in accordance with ASTM B 858M-95,

shall be performed on a representative model of each finished

product design.

8 * * *

9 An ammonia vapor test, in accordance with ASTM B 858M-95,

shall be performed on a representative model for each finished

product design. Tension tests shall be performed to determine

tensile strength, yield strength, and elongation. Minimum values

shall be those listed in table 3 of ASTM B283.

* * * * *

156. In Sec. 56.60-25, paragraph (b) is removed, paragraphs (c),

(d), and (e) are redesignated paragraphs (b), (c), and (d)

respectively, and new paragraph (a) is revised to read as follows:

Sec. 56.60-25 Nonmetallic materials.

(a) Plastic pipe installations shall be in accordance with the

International Maritime Organization (IMO) Resolution A.753(18),

Guidelines for the Application of Plastic Pipes on Ships and the

following supplemental requirements:

(1) Materials used in the fabrication of plastic pipe shall comply

with the appropriate standards listed in Sec. 56.01-2 of this chapter.

(2) Plastic pipe is not permitted in a concealed space in an

accommodation or service area, such as behind ceilings or linings or

between double bulkheads, unless--

(i) Each trunk or duct containing such piping is completely

surrounded by ``A'' class divisions; or

(ii) An approved smoke-detection system is fitted in the concealed

space and each penetration of a bulkhead or deck and each installation

of a draft stop is made in accordance with IMO Resolution A.753(18) to

maintain the integrity of fire divisions.

(3) Plastic pipe used outboard of the required metallic shell valve

in any piping system penetrating the vessel's shell (see Sec. 56.50-

95(f)) shall have the same fire endurance as the metallic shell valve.

Where the shell valve and the plastic pipe are in the same unmanned

space, the valve shall be operable from above the freeboard deck.

(4) Pipe that is to be used for potable water shall bear the seal

of approval or NSF mark of the National Sanitation Foundation Testing

Laboratory, Incorporated, School of Public Health, University of

Michigan, Ann Arbor, MI 48103.

* * * * *

157. In Sec. 56.95-10, paragraph (a)(1) is revised to read as

follows:

Sec. 56.95-10 Type and extent of examination required.

(a) * * *

(1) 100 percent radiography \1\ is required for all Class I, I-L

and II-L piping with wall thickness equal to or greater than 10 mm

(.375 in.).

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

\1\ Where for some reason, such as joint configuration,

radiography is not applicable, another approved examination may be

utilized.

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

* * * * *

158. In Sec. 56.97-40, paragraph (a)(10) is added to read as

follows:

Sec. 56.97-40 Installation tests.

(a) * * *

(10) Fixed oxygen-acetylene system piping.

* * * * *

PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS

159. The authority citation for Part 58 continues to read as

follows:

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

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

Sec. 58.10-10 [Removed]

160. In Sec. 58.10-10, paragraph (b) is removed and paragraphs (c)

and (d) are redesignated paragraphs (b) and (c) respectively.

PART 61--PERIODIC TESTS AND INSPECTIONS

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

follows:

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

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

162. Section 61.05-20 is revised to read as follows:

Sec. 61.05-20 Boiler safety valves.

Each safety valve for a drum, superheater, or reheater of a boiler

shall be tested at the interval specified by Table 61.05-10.

163. In Sec. 61.10-5, paragraphs (a) and (b) are revised to read as

follows:

Sec. 61.10-5 Pressure vessels in service.

(a) Basic requirements. Each pressure vessel must be examined or

tested every five years. The extent of the test or examination should

be that necessary to determine that the pressure vessel's condition is

satisfactory and that the pressure vessel is fit for the service

intended.

(b) Internal and external tests and inspections. (1) Each pressure

vessel listed on the Certificate of Inspection must be thoroughly

examined externally every 5 years.

(2) In addition, each pressure vessel listed on the Certificate of

Inspection that is fitted with a manhole or other inspection opening so

it can be satisfactorily examined internally, must be opened for

internal examination every 5 years.

(3) No pressure vessel need be hydrostatically tested except when a

defect is found that, in the marine inspector's opinion, may affect the

safety of the pressure vessel. In this case, the pressure vessel should

be hydrostatically tested at a pressure of 1\1/2\ times the maximum

allowable working pressure.

* * * * *

164. In Sec. 61.15-12, paragraph (b) is revised to read as follows:

Sec. 61.15-12 Nonmetallic expansion joints.

* * * * *

[[Page 58826]]

(b) A nonmetallic expansion joint must be replaced ten years after

it has been placed into service if it is located in a system which

penetrates the side of the vessel and both the penetration and the

nonmetallic expansion joint are located below the deepest load

waterline. The Officer in Charge, Marine Inspection may grant an

extension of the ten year replacement to coincide with the vessel's

next drydocking.

165. In Sec. 61.20-5, paragraph (b) is revised to read as follows:

Sec. 61.20-5 Drydock examination.

* * * * *

(b) Sea chests, sea valves, sea strainers, and valves for the

emergency bilge suction shall be opened up for examination every five

years at the time of drydocking.

PART 63--AUTOMATIC AUXILIARY BOILERS

166. The authority citation for Part 63 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.

Sec. 63.05-1 [Amended]

167. In Sec. 63.05-1, paragraph (b) is amended by adding in

alphabetical order to the organizations referenced, the following

standards:

Sec. 63.05-1 Incorporation by reference.

* * * * *

(b) * * *

American Society for Testing and Materials (ASTM)

ASTM International Headquarters, 100 Barr Harbor Dr., West

Conshocken, PA 19248-2959,

Standard Specifications for Shipboard Incinerators, ASTM F 1323-

90..............................................................63.25-9

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE11 75R, England

MEPC.59(33), Revised Guidelines for the Implementation of Annex V

of MARPOL 73/78 Resolution......................................63.25-9

International Organization for Standardization Case postale 56, CH-

1211, Geneve 2009

Shipbuilding-Shipboard Incinerators-Requirements, 13617 (1995)

63.25-9

Sec. 63.25-3 [Amended]

168. In Sec. 63.25-3, paragraph (j) is amended by removing the last

sentence.

169. Section 63.25-9 is revised to read as follows:

Sec. 63.25-9 Incinerators.

Incinerators must meet the requirements of MEPC Resolution 59(33).

Incinerators in compliance with ISO standard 13617 (1995),

``Shipbuilding-Shipboard Incinerators-Requirements'' are considered to

meet the requirements of MEPC Resolution 59(33). Incinerators in

compliance with both ASTM F-1323-90, ``Standard Specifications for

Shipboard Incinerators'' and Annexes A1-A3 of MEPC Resolution 59(33)

are considered to meet the requirements of MEPC Resolution 59(33).

PART 68--DOCUMENTATION OF VESSELS PURSUANT TO EXTRAORDINARY

LEGISLATIVE GRANTS

170. The authority citation for Part 68 continues to read as

follows:

Authority: 46 U.S.C. 2103; 49 CFR 1.46, Subpart 68.01 also

issued under 46 U.S.C. App. 876; subpart 68.05 also issued under 46

U.S.C. 12106(d).

Subpart 68.01--[Amended]

171. In Subpart 68.01, the heading is revised to read as follows:

Subpart 68.01--Regulations Implementing Provisions for 46 U.S.C.

App. 833-1

Sec. 68.01-1 [Amended]

172. In Sec. 68.01-1, the definition of Act and the definition of

883-1 citizen or 883-1 corporation are amended by removing the terms

``(46 U.S.C. App. 883-1)'' and replacing them with the terms ``(46

U.S.C. App. 883-1)''.

Sec. 68.01-3 [Amended]

173. In Sec. 68.01-3, the introductory paragraph is amended by

removing the terms ``(46 U.S.C. 883-1)'' and replacing them with the

terms ``(46 U.S.C. App. 883-1)'' and the section heading is revised to

read as follows:

Sec. 68.01-3 Requirements for citizenship under 46 U.S.C. App. 883-1.

174. In Sec. 68.01-15, paragraph (c) introductory text is revised

to read as follows:

Sec. 68.01-15 Restrictions.

* * * * *

(c) A vessel owned by an 883-1 corporation may be operated under

demise or bareboat charter to a common or a contract carrier subject to

49 U.S.C. Chapter 101 if the corporation is a U.S. citizen as defined

in 46 U.S.C. App. 802.

* * * * *

PART 69--MEASUREMENT OF VESSELS

175. The authority citation for Part 69 continues to read as

follows:

Authority: 46 U.S.C. 2301, 14103; 49 CFR 1.46.

Sec. 69.11 [Amended]

176. In Sec. 69.11, paragraph (a)(2)(iv) is removed and paragraphs

(a)(2)(v) and (a)(2)(vi) are redesignated (a)(2)(iv) and (a)(2)(v)

respectively. Paragraph (a)(5) is amended by removing the terms ``After

July 18, 1994,'' and capitalizing the term ``A'' directly following.

177. In Sec. 69.117, paragraph (f)(4) introductory text is revised

to read as follows:

Sec. 69.117 Spaces exempt from inclusion in gross tonnage.

* * * * *

(f) * * *

(4) If the total of all water ballast spaces to be exempted from

gross tonnage exceeds 30 percent of the vessel's gross tonnage (as

calculated under this subpart without any allowance for water ballast),

a justification of the operating conditions that require the water

ballast must be submitted to the measuring organization for approval.

Although a single condition may justify all water ballast spaces,

several conditions may be necessary in other cases. However, a

particular tank is not justified by a condition if another tank already

justified by another condition could be used as effectively. The

justification must--

* * * * *

PART 70--GENERAL PROVISIONS

178. The authority citation for Part 70 continues to read as

follows:

Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. 5103, 5106; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.45, 1.46;

Section 70.01-15 also issued under the authority of 44 U.S.C. 3507.

Sec. 70.01 [Amended]

179. Section 70.01-1 is amended by removing the paragraph

designation ``(a)'' and removing the terms ``in accordance with the

intent of title 52 of the Revised Statues and acts amendatory thereof

or supplemental thereto, as well as to implement various International

Conventions for Safety of affect the merchant marine''.

Sec. 70.01-5 [Removed]

180. Section 70.01-5 is removed.

Sec. 70.05-15 [Removed]

181. Section 70.05-15 is removed.

Sec. 70.05-25 [Removed]

182. Section 70.05-25 is removed.

Sec. 70.10-11 [Amended]

183. Section 70.10-11 is amended by removing the terms ``title 52,

Revised Statutes, and acts amendatory thereof or

[[Page 58827]]

supplemental thereto, and rules and regulations thereunder'' and

replacing them with the terms ``Subtitle II of Title 46, U.S. Code, and

regulations issued under these statutes''.

Sec. 70.10-25 [Amended]

184. Section 70.10-25 is amended by removing the terms ``title 52,

Revised Statutes, and acts amendatory thereof or supplemental thereto,

and rules and regulations thereunder'' and replacing them with the

terms ``Subtitle II of Title 46, U.S. Code, and regulations issued

under these statutes''.

Sec. 70.10-33 [Amended]

185. Section 70.10-33 is amended by removing the terms ``title 52,

Revised Statutes, and acts amendatory thereof or supplemental thereto,

and rules and regulations thereunder'' and replacing them with the

terms ``Subtitle II of Title 46, U.S. Code, and regulations issued

under these statutes''.

Subpart 70.30--[Removed]

186. Subpart 70.30 is removed.

PART 71--INSPECTION AND CERTIFICATION

187. The authority citation for Part 71 is revised to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 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.

Sec. 71.01-10 [Amended]

188. In Sec. 71.01-10, paragraph (a) is amended by removing the

terms ``except for those vessels subject only to the Act of May 10,

1956 (46 U.S.C. 390-390g), when the certificates will be issued for a

period of 3 years''.

189. In Sec. 71.25-25, paragraphs (a)(5), (b)(3), and (c) are

revised to read as follows and paragraph (e) is removed:

Sec. 71.25-25 Hull equipment.

(a) * * *

(5) The owner, operator or master shall provide the Officer in

Charge, Marine Inspection with all current valid certificates and

registers of cargo gear issued by an organization recognized by the

Commandant under Sec. 31.10-16.

(b) * * *

(3) Indicate that the cargo gear described in the certificate or

register complies with the standards of the organization or association

authorized to issue the certificate or register.

(c) Competent persons for the purposes of this section are defined

as--

(1) Surveyors of a classification society recognized by the

Commandant under 46 U.S.C. 3316.

(2) Surveyors of a cargo gear organization recognized by the

Commandant under Sec. 31.10-16.

(3) Responsible officials or employees of the testing laboratories,

companies, or organizations who conduct tests of pieces of loose cargo

gear, wire rope, or the annealing of gear as may be required by the

standards of the organization or association authorized to issue the

certificate or register.

* * * * *

Sec. 71.30-1 [Removed]

190. In Sec. 71.30-1, paragraph (b) is removed and the paragraph

designation ``(a)'' is removed.

Subpart 71.47--[Removed]

191. Subpart 71.47 is removed.

192. In Sec. 71.50-1, paragraph (a) is revised to read as follows:

Sec. 71.50-1 Definitions relating to hull examinations.

* * * * *

(a) Drydock examination means hauling out a vessel or placing a

vessel in a drydock or slipway for an examination of all accessible

parts of the vessel's underwater body and all through-hull fittings.

* * * * *

193. In Sec. 71.65-1, paragraph (c) is added to read as follows:

Sec. 71.65-1 General.

* * * * *

(c) Plans and specifications for cargo gear shall be approved by

either a recognized classification society or a recognized cargo gear

organization as defined in Sec. 71.25-25.

PART 72--CONSTRUCTION AND ARRANGEMENT

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

follows:

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

Comp., p. 277; 49 CFR 1.46.

195. Section 72.01-1 is revised to read as follows:

Sec. 72.01-1 Application.

The provisions of this subpart, with the exception of Sec. 72.01-

90, shall apply to all vessels contracted for on or after November 19,

1952. Vessels contracted for prior to November 19, 1952, shall meet the

requirements of Sec. 72.01-90.

Sec. 72.05-10 [Removed]

196. In Sec. 72.05-10, paragraph (m) is removed. Paragraphs (n),

(o), (p) and (q) are redesignated paragraph (m), (n), (o), and (p)

respectively.

Sec. 72.30-5 [Removed]

197. Section 72.30-5 is removed.

PART 76--FIRE PROTECTION EQUIPMENT

198. The authority citation for Part 76 continues to read as

follows:

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

Comp., p. 277; 49 CFR 1.46.

Sec. 76.01-2 [Amended]

199. In Sec. 76.01-2, paragraph (b) is amended by adding in

alphabetical order to the organizations referenced the following

standard:

Sec. 76.01-2 Incorporation by reference.

* * * * *

(b) * * *

National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269-9101.

NFPA 13-1996, Standard for the Installation of Sprinkler

Systems........................................................76.25

200. In Sec. 76.10-5, paragraph (f) is revised to read as follows:

Sec. 76.10-5 Fire pumps.

* * * * *

(f) Fire pumps may be used for other purposes provided at least one

of the required pumps is kept available for use on the fire system at

all times. In no case shall a pump having connection to an oil line be

used as a fire pump. Branch lines connected to the fire main for

purposes other than fire and deck wash shall be arranged so that the

requirements of paragraphs (b) and (c) of this section and any other

services installed on the fire main can be met simultaneously.

* * * * *

201. In Sec. 76.10-10, the title and paragraph (l) are revised to

read as follows:

Sec. 76.10-10 Fire station hydrants, hose and nozzles--T/ALL.

* * * * *

(l) Fire station hydrant connections shall be brass, bronze, or

other equivalent metal. A uniform coupling design shall be used for

each hose diameter throughout the vessel.

Sec. 76.15-5 [Amended]

202. In Sec. 76.15-5, paragraph (d) is removed and reserved.

203. Section 76.25-1 is revised to read as follows:

Sec. 76.25-1 Application.

Where an automatic sprinkling system is installed, the systems

shall comply with NFPA 13-1996.

[[Page 58828]]

204. Section 76.25-90 is revised to read as follows:

Sec. 76.25-90 Installations contracted for prior to [effective date of

the final rule].

(a) Existing arrangements, materials, and facilities previously

approved shall be considered satisfactory so long as they meet the

minimum requirements of this paragraph, and they are maintained in good

condition to the satisfaction of the Officer in Charge, Marine

Inspection. Minor repairs and replacements may be made to the same

standards as the original installation.

(b) The details of the system shall be in general agreement with

NFPA 13-1996 insofar as is reasonable and practicable. Existing piping,

pumping facilities, sprinkler heads and operating devices may be

retained provided a reasonable coverage of the spaces protected is

assured.

PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

205. The authority citation for Part 77 continues to read as

follows:

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

Comp., p. 277; 49 CFR 1.46.

Sec. 77.35-10 [Amended]

206. In Sec. 77.35-10, paragraph (a) is amended by adding the

following sentence to the end of the paragraph: ``In lieu of the flame

safety lamp, vessels may carry an oxygen depletion meter which is

listed by a Coast Guard recognized independent laboratory as

intrinsically safe.''

PART 78--OPERATIONS

207. The authority citation for Part 78 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49

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

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

1.46.

208. Section 78.01-2 is added to read as follows:

Sec. 78.01-2 Incorporation by reference.

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

with the approval of the Director of the Federal Register under 5

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

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

publish notice of change in the Federal Register; and the material must

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

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

Street NW., Suite 700, Washington, DC, and at the U.S. Coast Guard,

Lifesaving and Fire Safety Division (G-MSE-4), 2100 Second Street SW.,

Washington, DC 20593-0001, and is available from the sources indicated

in paragraph (b) of this section.

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

part and the sections affected are as follows:

American Society for Testing and Materials (ASTM)

ASTM International Headquarters, 100 Barr Harbor Dr., West

Conshocken, PA 19248-2959,

ASTM F 1626-1995 Standard Practice for Preparing Shipboard Fire

Control Plans...................................................78.45-1

209. Section 78.17-30 is

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