# Harmonization With International Safety Standards

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-28407

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** November 19, 1996
- **Citation:** 61 FR 58804

## Text

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.

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

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-28407. Public record. Not legal advice.