Harmonization With International Safety Standards

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 155 and 159

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

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

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

153, 154, 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: Final rule.

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

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

Reinvention Initiative, the Coast Guard amends its regulations for both

inspected and uninspected vessels by removing obsolete, unnecessary or

excessive provisions, and harmonizing regulations with international

safety standards. 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: This rule is effective October 30, 1997. The incorporation by

reference of certain publications listed in the rule is approved by the

Director of the Federal Register on October 30, 1997.

ADDRESSES: Documents as indicated in this preamble are available for

inspection or copying at the office of the Executive Secretary, Marine

Safety Council (G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second

Street SW., room 3406, Washington, DC 20593-0001, between 9:30 a.m. and

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

number is 202-267-1477.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne Lundy, project manager,

Office of Design and Engineering Standards (G-MSE), U.S. Coast Guard,

2100 Second Street, SW., Washington, DC 20593-0001, telephone 202-267-

0024.

SUPPLEMENTARY INFORMATION:

Regulatory History

On November 19, 1996, the Coast Guard published a notice of

proposed rulemaking (NPRM) entitled Harmonization with International

Safety Standards in the Federal Register (61 FR 58804). The Coast Guard

received 12 letters commenting on the proposed rulemaking. No public

hearing was requested, and none was held.

Background and Purpose

This rule was 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 American flag, while

also ensuring maritime safety and the protection of the marine

environment. 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 CGRR initiative, the Coast Guard 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 substantial changes, removed or

amended unnecessary provisions, and adopted appropriate industry

standards and practices in place of Coast Guard specific requirements.

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

effort to reform its regulations. These changes removed superfluous and

outdated requirements and aligned the regulations more closely with

international standards.

Discussion of Comments and Changes

Comments were received which recommended the adoption of class

rules as a means of compliance with certain sections and subparts.

These comments focused on areas not covered in this rulemaking. On

December 27, 1996, the Coast Guard published, in the Federal Register

(61 FR 68510), an interim rule entitled, Alternative Compliance via

Recognized Classification Society and U.S. Supplement to Rules (CGD 95-

010). The Alternative Compliance Program (ACP) allows for the

inspection of a vessel by a recognized classification society that has

been authorized to participate in the ACP. The American Bureau of

Shipping (ABS) is currently the only recognized classification society

authorized to participate in the ACP.

Under the ACP, vessels receive Coast Guard certification based on

compliance with classification society rules, international

conventions, and the U.S. Supplement which represents Coast Guard

requirements not embodied by either classification society rules or

international conventions. All requirements of the interim rule, which

became effective July 31, 1997, reduce the burden on the vessel owner

by requiring compliance with only those Coast Guard regulations which

are not embodied by either classification society rules or

international conventions.

The Coast Guard, in its continuing effort to harmonize its

regulations with industry and international standards, is evaluating

the issues raised by these comments, which are outside the scope of

this rulemaking, and will take appropriate future action based on its

review. However, in the interim, vessels owners can receive the benefit

of inspection in accordance with ABS classification rules and

international standards by choosing to participate in the ACP.

[[Page 51189]]

Comments to 46 CFR parts 50-59, concerning marine engineering,

which were outside the scope of this rulemaking, recommended allowing

rules or surveys from the ABS or another recognized classification

society. The ACP program allows for rules or surveys from a recognized

class society for 46 CFR parts 50-59. No changes were made to the

regulatory text.

One comment to 46 CFR subpart 91.01, concerning inspection and

certification, indicated an inability to obtain early commencement of a

biennial inspection in a particular Officer in Charge, Marine

Inspection (OCMI) office, or the continuation of the inspection by

another OCMI office. Inspection for certification may be requested at

any time during the period of validity of the current certificate.

Further, the ACP allows a vessel the opportunity to obtain an

abbreviated annual exam which is capable of being conducted at one port

call, by one OCMI. No changes were made to the regulatory text.

One comment to 46 CFR 91.40, concerning drydocking, recommended

that regulations be revised to conform with recognized classification

society rules. A regulatory change is not needed because drydocking

intervals remain twice in a five year period, and not more than three

years between each exam whether or not the vessel is enrolled in the

ACP. Drydocking/Internal Structural Exam (ISEs) intervals may be

extended 90 days by an ACP classification society for ships enrolled in

the ACP. Additionally, the ACP allows the recognized classification

society to make recommendations to Commandant (G-MOC) on Underwater

Inspection in Lieu of Dry-docking (UWILDs), even for vessels over 15

years old. No changes were made to the regulatory text.

One comment to 46 CFR part 94, concerning lifesaving equipment,

recommended allowing ABS or other approved classification society rules

for approval. 46 CFR part 94 was removed by the interim rule concerning

Lifesaving Equipment (84-069), published in the Federal Register on May

20, 1996 (61 FR 25272). Because there are no classification society

rules for this equipment, the ACP is not applicable.

One comment to 46 CFR 91.27, concerning reinspection, recommended

that the Coast Guard initiate a program of mid-period self-inspection

which rewards companies that take a pro-active approach to regulatory

compliance and vessel safety in general. There is a proposal for a

Streamlined Inspection Program (CGD 96-055) for which an NPRM was

published on April 8, 1997 (62 FR 17022). No changes were made to this

section.

One comment to 46 CFR 98.30, concerning portable tanks, recommended

that these regulations be revised for ocean going vessels with the

``incorporation by reference'' of the International Maritime Dangerous

Goods (IMDG) Code requirements for carriage of hazardous liquids or

materials in portable tanks. These regulations, among other things,

concern the transfer of certain hazardous materials to or from portable

tanks. The IMDG Code has provisions for the design and carriage of

portable tanks, but does not have equivalent provisions governing the

transfer of certain hazardous materials to or from portable tanks, and

assumes that no transfer of cargo occurs on board vessel. Consequently,

the proposed incorporation by reference is not appropriate. However,

the acceptability of International Maritime Organization (IMO) type

portable tanks and other bulk packagings, specified by the IMDG Code,

are being reviewed and the Coast Guard may take future action based on

its review.

One comment recommended that 46 CFR 50.05-5(c) be revised to permit

replacement of existing boiler equipment and piping systems with

similar equipment. The Coast Guard has generally accepted replacement

in kind for general repairs and maintenance work. This section

addresses reboilering. Reboilering is not considered as a repair.

Reboilering constitutes a major replacement equivalent to installing a

new boiler. This section recognizes the extreme hazards of high

pressure steam and the necessity for proper boiler piping. Failure of

boiler piping means immediate release of steam. The requirement to use

more modern materials, welding techniques/requirements is in keeping

with industry standards and is consistent with classification society

rules. No changes were made to this section.

One comment to 46 CFR 61.05-15, concerning boiler mountings and

attachments, recommended that regulations be revised to clearly state

that boiler mountings and studs do not have to be removed when an

external examination is possible. No revision to this section is

necessary because the section is clear that the mountings and studs are

not required to be removed, but allows the inspector the option to have

them removed if the inspector believes removal is needed during the

course of the inspection.

One comment to the proposed 46 CFR 56.20-15(b) stated that this

paragraph was confusing as to whether or not it pertained to all valves

or just valves employing resiliently seated material. It is not the

Coast Guard's intention to restrict the use of valves with metal to

metal seats. This paragraph is meant to pertain only to valves

employing resiliently seated material, and the Coast Guard has revised

this section to clarify that those valves which employ resilient seats

are divided into the three listed categories.

One comment recommended that the proposed 46 CFR 56.50-103,

concerning fixed oxygen-acetylene piping systems, be revised to include

copper alloys containing less that 65% copper for certain components in

acetylene distribution systems. This recommendation is consistent with

industry practice. The Coast Guard agrees, and a new paragraph (c)

allows for this industry practice. Further, this section has been

reorganized from the presentation in the NPRM in order to be more

clearly understood. Old paragraph (f) in the NPRM, which required all

fittings to be welded, has been re-written as a new paragraph (g) which

requires all fittings on the low pressure side of the regulator to be

welded. This change recognizes that the regulator will be physically

located next to the pressure vessel and that all piping will be

downstream of the regulator.

Three comments were received opposing proposed modifications to 46

CFR 34.20-5 to harmonize deck foam regulations with the applicable

International Convention for the Safety of Life at Sea (SOLAS)

provisions. One comment mentioned an incident in which a tanker, which

did not have USCG-approved foam fire fighting system, was severely

damaged and sank. There is no indication, however, as to whether the

vessel's foam system met the SOLAS arrangement and application rates or

that some other system would have been effective. Additionally, there

has been no casualty data to suggest that the current SOLAS provisions

are inadequate. Current Coast Guard regulations require a slightly

greater minimum foam application rate for tanker deck foam systems than

SOLAS requirements, based on total cargo area. Therefore, consistent

with the Coast Guard's intention to harmonize its regulations with

international safety standards, this section is harmonized with the

applicable SOLAS foam application rates. No changes were made to this

proposed section. Currently, the Coast Guard is working with the

National Fire Protection Association to develop a new industry

[[Page 51190]]

standard. It is the Coast Guard's intention that this new standard will

be taken to the IMO.

One comment suggested that the Coast Guard should fully articulate

the preemptive effect of its regulations. In Ray v. ARCO, 435 U.S. 151

(1978), the Supreme Court recognized that design, construction,

equipment, and manning standards are matters of national attention, and

recognized a decided congressional preference for arriving at

international standards for building vessels. Consistent with Ray v.

ARCO, it is the Coast Guard's position that vessel design,

construction, equipment, and manning standards fall within the

exclusive province of the Federal Government.

This rulemaking concerned the removal of obsolete, unnecessary or

excessive provisions; and harmonizing regulations with international

standards. To the extent this rulemaking revised regulations to

incorporate national industry and international standards, these

revised regulations concerned subject matter that, as determined under

Ray v. ARCO, are within the exclusive province of the Federal

Government. The ability of the states to regulate in these areas was

preempted when the regulations were initially promulgated. The revision

of these regulations does not alter their preemptive effect.

One comment suggested that the Coast Guard extend the opportunity

to participate in the UWILD program to passenger vessels operating

exclusively in fresh water that have not had a grounding since their

last drydock. The ability of these vessels to participate in the UWILD

program is being reviewed. The Coast Guard may take further action

based on its review.

One comment requested that the Coast Guard justify the option of

allowing tank vessels to comply with SOLAS vent height and distance

requirements, which reduces the height from 4 meters to 2 meters. By

permitting the option of SOLAS vent height requirements, the Coast

Guard reduced the allowable height of vents from the 4 meters, required

in 46 CFR 32.55-20, to 2 meters only when high velocity vents are used.

The Coast Guard finds that allowing such a reduction will not degrade

safety. The Coast Guard has accepted chemical carriers certified under

international rules which permit similar reductions in vent height

requirements when high velocity vents are used, and there has not been

a reduction in safety. No changes were made to the proposed regulatory

text.

One comment recommended retaining the provision in 46 CFR 32.57-

10(d)(4) for kickout panels because of a concern that fire doors could

warp and trap occupants. The Coast Guard is not aware of a casualty

history of doors warping in a fire and trapping occupants.

Additionally, section 32.02-1 requires two means of escape from all

passageways leading to living quarters, and places where a crew member

may be employed, so that in the event that one means of escape became

unusable, a second means of escape would be available. The proposed

change only removed the requirement for a kickout panel; vessel owners

may install them if they so desire. No changes were made to this

proposed section.

One comment questioned the ability to use the fire control symbols

contained within ASTM Adjunct F 1626, as the American Society for

Testing and Materials (ASTM) publication is copyright protected. ASTM

was contacted and the copyright protects against the unauthorized

copying of the ASTM publication rather than the use of the symbols to

identify the details of a fire control plan.

One comment stated that there is an IMO standard set of symbols

which should be utilized instead of the ASTM standard to implement

uniform symbols for fire control plans. ASTM Adjunct F 1626 adopts the

symbols contained in IMO Assembly resolution A.654(16). The Coast Guard

agrees that the IMO resolution should also be incorporated, and has

revised the incorporation sections accordingly.

Two comments concerned the application date and use of the ASTM

Adjunct F 1626 standardized symbols for fire control plans. The use of

the standard symbols applies to new construction and existing vessels

which have the master plan redrawn. Editorial revisions to regulatory

text have been made to clarify the application of ASTM Adjunct F 1626.

The comments also recommended a change to the material incorporated by

reference. ASTM Adjunct F 1626 contains the symbols, and the

incorporation by reference has been changed to reflect the correct

cite.

One comment objected to the removal of sentinel valves. The Coast

Guard recognizes that boilers on older vessels require sentinel valves.

Technology, however, has rendered the use of sentinel valves on new

boilers obsolete. Recognizing that removal of Sec. 56.50-30(b)(6) would

eliminate the requirement for sentinel valves for older boiler systems,

this paragraph has been redrafted. Sentinel valves will not be required

for new construction, or for existing vessels which have shown to the

satisfaction of the cognizant OCMI, or the Coast Guard Marine Safety

Center, that a sentinel valve is not necessary.

One comment expressed concern over the Coast Guard's proposal to

remove the requirements for Coast Guard inspectors to set and seal

boiler safety valves. The Coast Guard disagrees. With present day

boiler automation and built in safety factors, the Coast Guard has not

experienced a problem of tampering with safety valves. Based upon the

lack of a tampering problem, as well as the reliability of current

steam propulsion systems, the Coast Guard has determined the sealing of

boiler safety valves to be of little value. Therefore, Sec. 35.25-15

will be removed as originally proposed.

One comment suggested that the Coast Guard extend the interval for

inspection of sea valves to every 10 years for those vessels operating

in freshwater. The Coast Guard disagrees. Sea valves are subject to

mechanical damage. An extension of the interval means, that, during a

20 year period, sea valves would only be opened once at the midpoint.

If additional data supports that valves can last 10 years in freshwater

with no operational difficulties, the Coast Guard will reconsider

revising this requirement.

One comment noted that an applicability date should be specified in

46 CFR 63.25-9 for incinerators to meet the requirements of IMO

resolution MEPC.59(33). The Coast Guard agrees and the regulatory text

is changed.

Two comments were received on the proposal to replace current Coast

Guard regulations concerning design of automatic sprinkler systems by

incorporating National Fire Protection Association Standard No. 13 by

reference. One comment supported this proposal, and one comment voiced

concern with the Coast Guard's policy of incorporating industry

standards by reference. The Coast Guard's incorporation of industry

standards directly supports the President's goals on revitalizing the

American shipping industry and the Regulatory Reinvention Initiative.

Benefits include increased input from subject matter experts into Coast

Guard regulations, greater industry access into development of

regulations, and regular updating of standards which facilitates

regulations keeping pace with technology. Although there is an added

responsibility for members of industry to stay abreast of changes to

standards which are referenced in the Code of Federal Regulations

(CFR), the Coast Guard finds that the benefits far outweigh the

disadvantages. No changes were made to this section.

[[Page 51191]]

One comment opposed the proposed replacement of prescriptive

requirements for fire hose coupling threads with a performance

requirement that a uniform hose coupling be provided for each hose

diameter throughout the vessel. The comment further stated that the

basis of the comment was a concern that a vessel owner or operator

could purchase fire hose or nozzles with the wrong thread style, and

not realize the discrepancy until after the vessel has left port.

Current Coast Guard regulations which require a minimum of one fire

hose per hydrant, and that a fire hose be connected to hydrants at all

times mitigate concerns about incompatibility of fire fighting

equipment. However, these sections have been revised to their original

text, with a new option added to indicate that couplings other than

National Standard couplings may be used if all of the couplings are

identical. Additionally, the Coast Guard will revise its inspection

guidance to advise vessel inspectors to check compatibility of fire

fighting equipment.

Another comment noted that the Coast Guard has proposed removing

prescriptive requirements for hose coupling threads from 46 CFR 34.10-

10, 76.10-10, and 95.10-10, but a similar proposal was not made with

respect to 46 CFR 108.425(b). The Coast Guard agrees and the revision

has been added to Sec. 108.425(b).

There was an error in the proposed rule text for 46 CFR 164.013-6.

In the last sentence of ``Production tests, inspections, and marking,''

it directed manufacturers to provide markings in accordance with the

requirements in 46 CFR 164.023-15. The correct cite for markings is 46

CFR 164.013-7. However, because the sentence was extraneous, it was

deleted.

One comment suggested that the Coast Guard add the American Bureau

of Shipping's (ABS) Houston address to 46 CFR 170.100 under addresses

for submittal of plans and calculations. The Coast Guard agrees and the

regulations are revised.

One comment suggested that that 46 CFR 170.110(b), which directs

stability booklets to be approved by the Coast Guard Marine Safety

Center or the ABS, be removed because it is redundant with

Sec. 170.085. The Coast Guard disagrees. Section 170.085 refers to

stability test plans which is separate from approval of stability

booklets, thus there is no redundancy. No changes were made to this

section.

The NPRM proposed removal or revision of several sections which

were or are being addressed by other rulemakings. These sections will

not be addressed by this rulemaking. The sections and corresponding

dockets are: 46 CFR 16.207(b) is being addressed in CGD 95-011,

Programs for Chemical Drug and Alcohol Testing of Commercial Vessel

Personnel for which an interim rule was published on December 18, 1996

(61 FR 66612); 46 CFR 2.50 and subpart 26.10 were addressed in the

final rule for CGD 96-052, Civil Monetary Penalties Inflation

Adjustment, published April 8, 1997 (62 FR 16695); 46 CFR 2.75-19 and

2.75-50 were addressed in the final rule for CGD 93-055, Approval of

Inflatable Personnel Flotation Devices for Recreational Boaters,

published March 28, 1996 (61 FR 13920); 46 CFR 28.12 was addressed in

the interim rule for CGD 90-046, Commercial Fishing Industry Vessel

Regulations, published November 5, 1996 (61 FR 57268); and 46 CFR

159.007 was addressed in the final rule for CGD 85-205, Inflatable

Personnel Flotation Devices, published May 9, 1997 (62 FR 25525).

In addition to the above changes, minor editorial revisions have

been made to clarify the regulatory text. The Coast Guard is also

removing the incorporation by reference contained in 46 CFR 159.2 which

was inadvertently added to the NPRM. The revision to 46 CFR 160.035-3

was set out in full for clarity. 46 CFR 160.050-5 was revised for

clarity by adding the requirements of the footnote to a new paragraph

(b)(1)(iv) and by deleting paragraph (g)(4).

Incorporation by Reference

The Director of the Federal Register has approved the material in

33 CFR 155.140, 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 for incorporation by reference under 5 U.S.C. 552 and 1 CFR

part 51. Copies of the material are available from the sources listed

in those sections.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. 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, l979).

The economic impact of this rule is so minimal that a full

Regulatory Evaluation under paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary. This regulation removes obsolete,

unnecessary or excessive provisions, and harmonizes existing

regulations with current international and national safety standards,

which have already been adopted as industry practices, therefore, the

economic impact of this regulation is minimal.

Vessel owners or operators are not required to purchase the

international and national standards incorporated by reference in this

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

materials included in this rule 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 choose 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 to install emergency towing equipment on

either the bow or stern by 1997. This rule makes 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 rule

affects 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 part 155 for existing oil

tankships until 1999. This rule changes the existing 33 CFR part 155

implementation date of 1997 to 1999 for all tankships including those

ships that may require an additional towing arrangement installation.

This 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, harmonizing Coast Guard regulations to international

and national standards will benefit the maritime industry by

simplifying the requirements to which their vessels are subject.

Small Entities

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

Coast Guard considered whether this rule will have a significant

economic impact on a substantial number of small entities.

[[Page 51192]]

``Small entities'' include small businesses, not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields, and governmental jurisdictions with

populations of less than 50,000.

This 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 rule, they are available in the public forum at no

cost or can be purchased at minimal cost. In addition, the 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.

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

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

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

entities.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard

offered to assist small entities in understanding the rule so that they

could better evaluate its effects on them and participate in the

rulemaking process. Assistance with provisions of this final rule can

be obtained by contacting Commandant (G-MSE), Office of Design and

Engineering Standards, 2100 Second Street, SW., Washington, DC 20593-

0001, telephone 202-267-2967.

Collection of Information

This final rule does not provide for a collection of information

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

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

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

environmental documentation. This rule concerns the ``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 the above

instruction. 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, Seamen.

46 CFR 15

Reporting and recordkeeping requirements, Seamen, 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, Seamen.

46 CFR 30

Cargo vessels, Foreign relations, Hazardous materials

transportation, Penalties, Reporting and recordkeeping requirements,

Seamen.

46 CFR 31

Cargo vessels, Marine safety, Reporting and recordkeeping

requirements.

46 CFR 32

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

Occupational safety and health, Reporting and recordkeeping

requirements, Seamen.

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, Seamen.

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.

[[Page 51193]]

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 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.

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 amends 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, 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); 46 U.S.C. 3715; sec. 2, E.O.

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

[[Page 51194]]

Secs. 155.100-155.130, 155.350-155.400, 155.430, 155.440,

155.470, 155.1030 (j) and (k), and 155.1065(g) also issued under 33

U.S.C. 1903(b); and Secs. 155.1110-155.1150 also issued under 33

U.S.C. 2735.

Note: Additional requirements for vessels carrying oil or

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

150, 151, and 153.

2. In Sec. 155.140(b), add, in alphabetical order to the

organizations referenced, the following standards:

Sec. 155.140 Incorporation by reference.

* * * * *

(b) * * *

International Maritime Organization (IMO)

* * * * *

Resolution MSC.35(63), Adoption of Guidelines for Emergency Towing

Arrangement on Tankers, May 20, 1994--155.235

* * * * *

3. Revise Sec. 155.235 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 September 30, 1997. For oil tankers constructed

before September 30, 1997, such an arrangement shall be fitted at the

first scheduled dry-docking, but not later than January 1, 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).

5. In Sec. 159.3, add the definition, in alphabetical order, to

read as follows:

Sec. 159.3 Definitions.

* * * * *

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.

* * * * *

6. Revise Sec. 159.5 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) An operable Type I device that has a label on it under

Sec. 159.16 or that is certified under Sec. 159.12, if the vessel is

19.7 meters (65 feet) or less in length.

Sec. 159.7 [Amended]

7. In Sec. 159.7, remove the note and revise the section 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; or

(2) An operable Type I device that has a label on it under

Sec. 159.16 or that is certified under Sec. 159.12, if the vessel is

19.7 meters (65 feet) or less in length.

(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

(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.

8. Revise Sec. 159.201 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).

Sec. 159.205 [Removed]

9. Remove Sec. 159.205.

46 CFR

PART 2--VESSEL INSPECTIONS

10. 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; 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).

11. In Sec. 2.01-1, revise paragraphs (a)(1) and (d)(2) 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. Code, Title 46 and

Title 33 U.S. Code, 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) 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 U.S. Customs Service, such vessels

will not be inspected and certificated unless specifically authorized

by law to engage in the coastwise trade.

12. In Sec. 2.01-10, revise the first sentence of paragraph (b) 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. Code, Title 46 and Title 33 U.S. Code. * * *

* * * * *

[[Page 51195]]

13. Revise Sec. 2.01-20 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.

14. Revise Sec. 2.01-40(a) 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

the crew on other voyages.

* * * * *

15. Revise Sec. 2.01-45(a) 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.

* * * * *

16. Revise Sec. 2.01-50(a) 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]

17. Remove subpart 2.45, consisting of Secs. 2.45-1 through 2.45-

20.

18. Revise Sec. 2.85-1 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

19. 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]

20. In Sec. 3.01-1, remove the words ``46 U.S.C. 441'' and add, in

their place, the words ``46 U.S.C. 2101 (18)''.

Sec. 3.01-3 [Removed]

21. Remove Sec. 3.01-3.

Sec. 3.03-1 [Amended]

22. In Sec. 3.03-1, remove the words ``46 U.S.C. 441'' and add, in

their place, the words ``46 U.S.C. 2101(18)''.

Sec. 3.10-1 [Amended]

23. In Sec. 3.10-1(a), remove the words ``under the provisions of

46 U.S.C. 441''.

PART 4--MARINE CASUALTIES AND INVESTIGATIONS

24. 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 subpart

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

25. Add Sec. 4.01-3(d) 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.

26. Revise Sec. 4.03-40 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, except a vessel owned

or operated by the Department of Transportation or any corporation

organized or controlled by the Department (except a vessel operated by

the Coast Guard or Saint Lawrence Seaway Development Corporation); and

(b) Is not engaged in commercial service.

Sec. 4.40-3 [Amended]

27. In Sec. 4.40-3(b), remove the words ``R.S. 4450 (46 U.S.C.

239)'' and add, in their place, the words ``46 U.S.C. Chapter 63''.

28. Revise Sec. 4.40-5(a) 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]

29. In Sec. 4.40-30(f), remove the words ``R.S. 4450 (46 U.S.C.

239)'' and add, in their place, the words ``46 U.S.C. Chapter 63''.

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

REGULATIONS

30. 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]

31. In Sec. 6.07(a), remove the words ``subsection (h) of R.S.

4551, as amended (46 U.S.C. 643)'' and add, in their place, the words

``46 U.S.C. 10311 (c)'' and, in paragraph (b), remove the words ``R.S.

4551(h), as amended (46 U.S.C. 643)'' and add, in their place, the

words ``46 U.S.C. 10311 (c)''.

Sec. 6.15 [Removed]

32. Remove Sec. 6.15.

PART 7--BOUNDARY LINES

33. 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]

34. In Sec. 7.1, remove the words ``46 U.S.C. 88, the Coastwise

Loadline Act;'' and add, in their place, the words ``46 U.S.C.

5102(b)(6), which exempts from load line requirements certain vessels

on domestic voyages;''.

PART 10--LICENSING OF MARITIME PERSONNEL

35. The authority citation for part 10 continues to read as

follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110; 46 U.S.C.

Chapter 71; 46 U.S.C. 7502, 7505, 7701; 49 CFR 1.45, 1.46; Sec.

10.107 also issued under the authority of 44 U.S.C. 3507.

Sec. 10.202 [Amended]

36. In Sec. 10.202(e), remove the last sentence.

Sec. 10.470 [Amended]

37. In Sec. 10.470, in paragraphs (b)(2)(ii), (d)(2)(ii),

(f)(2)(ii), (h)(2)(i), and (j)(2)(ii), remove the last two sentences.

Sec. 10.472 [Amended]

38. In Sec. 10.472(a)(2)(ii), remove the last two sentences.

[[Page 51196]]

Sec. 10.474 [Amended]

39. In Sec. 10.474(a)(2)(ii), remove the last two sentences.

PART 12--CERTIFICATION OF SEAMEN

40. The authority citation for part 12 continues to read as

follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301,

7302, 7503, 7505, 7701; 49 CFR 1.46.

Sec. 12.01-5 [Removed]

41. Remove Sec. 12.01-5.

Sec. 12.02-19 [Amended]

42. In Sec. 12.02-19, remove the words ``R.S. 4450, as amended (46

U.S.C. 239)'' and add, in their place, the words ``46 U.S.C. Chapter

77''.

Subpart 12.07--[Removed]

43. Remove subpart 12.07 consisting of Secs. 12.07-1 through 12.07-

20.

Sec. 12.15-13 [Amended]

44. In Sec. 12.15-13, remove paragraph (a)(1) and redesignate

paragraphs (a)(2) through (a)(4) as paragraphs (a)(1) through (a)(3),

respectively.

Sec. 12.15-15 [Amended]

45. In Sec. 12.15-15, remove paragraph (a)(1) and redesignate

paragraphs (a)(2) through (a)(4) as paragraphs (a)(1) through (a)(3),

respectively.

Subpart 12.17--[Removed]

46. Remove subpart 12.17 consisting of Secs. 12.17-1 through 12.17-

20.

47. Revise Sec. 12.25-1 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]

48. In Sec. 12.25-35(b), remove the words ``under the provisions of

title 53 of the Revised Statutes and the regulations in this

subchapter''.

PART 15--MANNING REQUIREMENTS

49. The authority citation for part 15 continues to read as

follows:

Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104,

8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904,

8905(b), 9102; 49 CFR 1.45 and 1.46.

Sec. 15.815 [Amended]

50. In Sec. 15.815(c), remove the words ``On or after June 1,

1995,'' and capitalize the ``e'' in the word ``each''.

PART 16--CHEMICAL TESTING

51. 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.

Sec. 16.205 [Amended]

52. In Sec. 16.205, remove paragraphs (a) through (e); and

redesignate paragraphs (f) and (g) as paragraphs (a) and (b),

respectively.

PART 24--GENERAL PROVISIONS

53. 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.

54. In subpart 24.01, revise the title to read as follows:

Subpart 24.01--Purpose

55. Revise Sec. 24.01-1 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 sail carrying passengers

for hire, and barges carrying passengers for hire.

Sec. 24.01-5 [Removed]

56. Remove Sec. 24.01-5.

Sec. 24.10-9 [Amended]

57. In Sec. 24.10-9, remove the words ``title 52, Revised Statutes,

and acts amendatory thereof or supplemental thereto, and rules and

regulations thereunder'' and add, in their place, the words ``Subtitle

II, Title 46 U.S. Code, Title 46 and Title 33 U.S. Code, and

regulations issued under these statutes''.

Sec. 24.10-15 [Amended]

58. In Sec. 24.10-15, remove the words ``title 52, Revised

Statutes, and acts amendatory thereof or supplemental thereto, and

rules and regulations thereunder'' and add, in their place, the words

``Subtitle II, Title 46 U.S. Code, Title 46 and Title 33 U.S. Code, and

regulations issued under these statutes''.

Sec. 24.10-17 [Amended]

59. In Sec. 24.10-17(a), remove the words ``, 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]

60. In Sec. 24.10-21, remove the words ``title 52, Revised

Statutes, and acts amendatory thereof or supplemental thereto, and

rules and regulations thereunder'' and add, in their place, the words

``Subtitle II, Title 46 U.S. Code, Title 46 and Title 33 U.S. Code, and

regulations issued under these statutes''.

Sec. 24.15-5 [Amended]

61. In Sec. 24.15-5, remove the paragraph designation (a) and

remove the words ``the Motor Boat Act of 1940 (46 U.S.C. 526-526u) and

the regulations in''.

PART 25--REQUIREMENTS

62. 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]

63. In Sec. 25.26-5, in paragraphs (b) introductory text and (c)

introductory text, remove the words ``After March 10, 1994,'' and

capitalize the letter ``t'' in the word ``the''.

Sec. 25.26-20 [Amended]

64. In Sec. 25.26-20, in paragraphs (a) introductory text and (b)

introductory text, remove the words ``After March 10, 1994,'' and

capitalize the letter ``t'' in the word ``the''.

65. In Sec. 25.40-1, revise paragraph (c) and (d) introductory text

to read as follows:

Sec. 25.40-1 Tanks and engine spaces.

* * * * *

(c) Boats built after July 31, 1980, which are manufactured or used

primarily for noncommercial use; which are leased, rented or chartered

to another for the latter's noncommercial 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

66. The authority citation for part 26 continues to read as

follows:

[[Page 51197]]

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.

67. Revise Sec. 26.03-5 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]

68. Remove subpart 26.10 consisting of Secs. 26.10-1 and 26.10-5.

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

69. The authority citation for part 28 continues to read as

follows:

Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; 49 CFR

1.46.

70. In Sec. 28.380(b), insert the words ``electrical heating

tape,'' between the words ``galley uptake,'' and ``or similar source of

ignition.''

PART 30--GENERAL PROVISIONS

71. 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 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]

72. Remove Sec. 30.01-3.

Sec. 30.01-15 [Amended]

73. In Sec. 30.01-15, remove paragraph (a) and the paragraph

designation (b).

Sec. 30.01-20 [Removed]

74. Remove Sec. 30.01-20.

Sec. 30.10-19 [Amended]

75. In Sec. 30.10-19, remove the words ``title 52, R.S., acts

amendatory thereof or supplemental thereto, rules and regulations

thereunder and the inspections required thereby'' and add, in their

place, the words ``Subtitle II, Title 46, U.S. Code, Title 46 and Title

33 U.S. Code, and regulations issued under these statutes''.

Sec. 30.10-43 [Amended]

76. In Sec. 30.10-43, remove the words ``title 52, R.S., acts

amendatory thereof or supplemental thereto, rules and regulations

thereunder, and the inspections required thereby'' and add, in their

place, the words ``Subtitle II, Title 46, U.S. Code, Title 46 and Title

33 U.S. Code, and regulations issued under these statutes''.

Sec. 30.10-47 [Amended]

77. In Sec. 30.10-47, remove the words ``title 52, R.S., acts

amendatory thereof or supplemental thereto, rules and regulations

thereunder and the inspections required thereby'' and add, in their

place, the words ``Subtitle II, Title 46, U.S. Code, Title 46 and Title

33 U.S. Code, and regulations issued under these statutes''.

Subpart 30.20 [Removed]

78. Remove subpart 30.20 consisting of Secs. 30.20-1 through 30.20-

50.

PART 31--INSPECTION AND CERTIFICATION

79. The authority citation for part 31 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; 46 U.S.C. 3316, as

amended by Sec. 607, Pub. L. 104-324, 110 Stat. 3901; 46 U.S.C.

3703, 5115, 8105; 49 U.S.C. App. 1804; E.O. 12234, 45 FR 58801, 3

CFR, 1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975

Comp., p. 793; 49 CFR 1.46.

80. Revise Sec. 31.10-5(a)(1) 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, Inc., whose home office is located at

90 West Street, Suite 1612, New York, NY 10006, prior to submission to

the Officer in Charge, Marine Inspection.

* * * * *

81. In Sec. 31.10-16, revise paragraphs (a), (b)(3), (c), and (e)

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; or

(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.

* * * * *

(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

organization is 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

90 West Street, Suite 1612, New York, NY 10006.

82. In Sec. 31.10-20, revise paragraphs (a) and (d) 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.

83. In Sec. 31.10-21, revise paragraphs (d)(4), (e) introductory

text, and (e)(1) to read as follows:

[[Page 51198]]

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]

84. Remove Sec. 31.10-33.

Subpart 31.37--[Removed]

85. Remove subpart 31.37 consisting of Secs. 31.37-1 through 31.37-

85.

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

86. The authority citation for part 32 continues to read as

follows:

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

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

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

87. Revise Sec. 32.53-1(c) 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.

Sec. 32.53-10 [Amended]

88. In Sec. 32.53-10, remove paragraphs (c) through (f) and revise

paragraph (b) 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:

(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]

89. Remove Sec. 32.53-15.

Sec. 32.53-20 [Removed]

90. Remove Sec. 32.53-20.

Sec. 32.53-25 [Removed]

91. Remove Sec. 32.53-25.

Sec. 32.53-30 [Removed]

92. Remove Sec. 32.53-30.

Sec. 32.53-35 [Removed]

93. Remove Sec. 32.53-35.

Sec. 32.53-40 [Removed]

94. Remove Sec. 32.53-40.

Sec. 32.53-45 [Removed]

95. Remove Sec. 32.53-45.

Sec. 32.53-50 [Removed]

96. Remove Sec. 32.53-50.

Sec. 32.53-55 [Removed]

97. Remove Sec. 32.53-55.

Sec. 32.53-60 [Removed]

98. Remove Sec. 32.53-60.

Sec. 32.53-65 [Removed]

99. Remove Sec. 32.53-65.

Sec. 32.53-70 [Removed]

100. Remove Sec. 32.53-70.

Sec. 32.53-75 [Removed]

101. Remove Sec. 32.53-75.

Sec. 32.53-80 [Removed]

102. Remove Sec. 32.53-80.

Sec. 32.53-85 [Removed]

103. Remove Sec. 32.53-85.

104. Add Sec. 32.55-20(e) 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]

105. Remove Sec. 32.55-40.

106. In Sec. 32.56-1, redesignate the text as paragraph (a) and add

paragraph (b) 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.

107. Add Sec. 32.57-1(b) 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.

108. Revise Sec. 32.57-10(d)(4) 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

divisions or bulkheads and doors at one level. The integrity of a

stairtower shall be maintained by ``A'' Class doors at every level. The

doors shall be of the self-closing type. No means shall be provided for

locking such doors, except that crash doors or locking devices capable

of being easily forced in an emergency may be employed provided a

permanent and conspicuous notice to this effect is attached to both

sides of the door. Holdback hooks or other means of permanently holding

the door open will not be permitted. However, magnetic holdbacks

operated from the bridge or from other suitable remote control

positions are acceptable.

* * * * *

Sec. 32.60-25 [Amended]

109. In Sec. 32.60-25, remove paragraph (b) and remove the

designation of paragraph (a).

PART 34--FIREFIGHTING EQUIPMENT

110. The authority citation for part 34 continues to read as

follows:

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

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

111. In Sec. 34.01-15(b), add in alphabetical order to the

organization referenced, the following standard:

Sec. 34.01-15 Incorporation by reference.

* * * * *

(b) * * *

National Fire Protection Association (NFPA)

Batterymarch Park, Quincy, MA 02269-9101.

NFPA 13-1996, Standard for the Installation of Sprinkler Systems--

34.30-1

Sec. 34.10-5 [Amended]

112. Revise Sec. 34.10-5(f) to read as follows:

Sec. 34.10-5 Fire pumps--T/ALL.

* * * * *

(f) Fire pumps may be used for other purposes provided at least one

of the

[[Page 51199]]

required pumps is kept available for use on the fire system at all

times. In no case shall a pump having connection to an oil line be used

as a fire pump. Branch lines connected to the fire main for purposes

other than fire and deck wash shall be arranged so that the

requirements of paragraph (b) of this section and any other services

installed on the fire main can be met simultaneously.

* * * * *

Sec. 34.10-10 [Amended]

113. Revise Sec. 34.10-10(i) to read as follows:

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

* * * * *

(i) Fire station hydrant connections shall be brass, bronze, or

other equivalent metal. Couplings shall either:

(1) Use National Standard fire hose coupling threads for the 1\1/2\

inch (38 millimeter) and 2\1/2\ inch (64 millimeter) hose sizes, i.e.,

9 threads per inch for 1\1/2\ inch hose, and 7\1/2\ threads per inch

for 2\1/2\ inch hose; or

(2) Be a uniform design for each hose diameter throughout the

vessel.

* * * * *

Sec. 34.15 [Amended]

114. In Sec. 34.15-5, remove paragraph (d) and redesignate

paragraph (e) as paragraph (d).

114a. Revise Sec. 34.20-5(b)(1) to read as follows:

Sec. 34.20-5 Quantity of foam required--T/ALL.

* * * * *

(b) * * *

(1) For usual petroleum products the rate of supply of foam

solution shall be not less than the greatest of the following:

(i) 0.6 liters/min per square meter of cargo tanks deck area, where

cargo tanks deck area means the maximum breadth of the ship multiplied

by the total longitudinal extent of the cargo tank spaces;

(ii) 6 liters/min per square meter of the horizontal sectional area

of the single tank having the largest such area; or

(iii) 3 liters/min per square meter of the area protected by the

largest monitor, such area being entirely forward of the monitor, but

not less than 1,250 liters/min.

* * * * *

115. Add subpart 34.30, consisting of Sec. 34.30-1, to read as

follows:

Subpart 34.30--Automatic Sprinkler Systems, Details

Sec. 34.30-1 Application--TB/ALL.

Automatic sprinkler systems shall comply with NFPA 13-1996.

PART 35--OPERATIONS

116. The authority citation for part 35 continues to read as

follows:

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

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

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

1.46.

Sec. 35.01-3 [Amended]

117. In Sec. 35.01-3(b), remove the Philadelphia address for ASTM

and add, in its place, a new address and add in numerical order of the

incorporated standards the following standard:

Sec. 35.01-3 Incorporation by reference.

* * * * *

(b) * * *

American Society for Testing and Materials (ASTM)

ASTM International Headquarters, 100 Barr Harbor Dr., West

Conshohocken, PA 19248-2959.

* * * * *

ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation

II-2/20 of the 1974 SOLAS Convention, PCN 12-616260-01,

1996--35.10-3

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United

Kingdom. Resolution A.654(16), Graphical Symbols for Fire Control

Plans--35.10-3

* * * * *

Sec. 35.01-40 [Removed]

118. Remove Sec. 35.01-40.

Sec. 35.07-10 [Amended]

119. In Sec. 35.07-10, in paragraph (b)(2), remove the words ``46

U.S.C., sections 85e and 88e, and'' and in paragraph (c)(2), remove the

words ``See 46 U.S.C. 85e and 88e.''

120. Revise Sec. 35.10-3 to read as follows:

Sec. 35.10-3 Display of plans--TB/ALL.

Barges with sleeping accommodations for more than six persons and

all self-propelled vessels shall have permanently exhibited for the

guidance of the officer in charge of the vessel the following plans:

(a) General arrangement plans showing for each deck the fire

control stations, the various sections enclosed by fire-resisting

bulkheads, together with particulars of the fire alarms, detecting

systems, the sprinkler installation (if any), the fire extinguishing

appliances, means of access to different compartments, decks, etc., and

the ventilating systems including particulars of the master fan

controls, the positions of dampers, the location of the remote means of

stopping fans, and identification numbers of the ventilating fans

serving each section. If cargo compartments are ``specially suitable

for vehicles,'' they shall be so indicated on the plan. Alternatively,

at the discretion of the Commandant, the aforementioned details may be

set out in any other medium, such as a booklet or on computer software,

provided that the aforementioned details are available to each officer

and a copy is retained on board at all times and is accessible during

emergencies. For vessels constructed on or after September 30, 1997 or

for existing vessels which have their plans redrawn, the symbols used

to identify the aforementioned details shall be in accordance with IMO

Assembly resolution A.654(16). These identical symbols can also be

found in ASTM Adjunct F 1626.

(b) Plans showing clearly for each deck the boundaries of the

watertight compartments, the openings therein with the means of closure

and position of any controls thereof, and the arrangements for the

correction of any list due to flooding.

(c) The information contained in the plans shall be kept up-to-

date, and any changes shall be recorded as soon as possible.

Subpart 35.12 [Removed]

121. Remove subpart 35.12 consisting of Secs. 35.12-1 through

35.12-5.

122. Revise Sec. 35.25-15 to read as follows:

Sec. 35.25-15 Carrying of excess steam--TB/ALL.

It shall be the duty of the chief engineer of any tank vessel to

see that a steam pressure is not carried in excess of that allowed by

the certificate of inspection, and to see that the safety valves, once

set by the inspector, are in no way tampered with or made inoperative.

Sec. 35.25-20 [Removed]

123. Remove Sec. 35.25-20.

Sec. 35.30-20 [Amended]

124. In Sec. 35.30-20(d), remove the first sentence.

Sec. 35.30-40 [Amended]

125. In Sec. 35.30-40, remove paragraph (b), redesignate paragraph

(a) as introductory text, and redesignate old

[[Page 51200]]

paragraphs (a)(1) through (a)(3) as paragraphs (a) through (c),

respectively.

126. Revise Sec. 35.35-85 to read as follows:

Sec. 35.35-85 Air compressors--TB/ALL.

No person may operate, install, or reinstall an air compressor in a

cargo area described in Sec. 32.35-15 of this subchapter.

PART 39--VAPOR CONTROL SYSTEMS

127. The authority citation for part 39 continues to read as

follows:

Authority: 33 U.S.C. 1231; 46 U.S.C. 3306, 3703, 3715(b); 45 FR

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

Sec. 39.10-13 [Amended]

128. In Sec. 39.10-13, remove paragraph (b) and redesignate

paragraphs (c), (d), and (e) as paragraphs (b), (c), and (d),

respectively.

PART 50--GENERAL PROVISIONS

129. The authority citation for part 50 continues to read as

follows:

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

58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.45, 1.46; Section 50.01-

20 also issued under the authority of 44 U.S.C 3507.

Sec. 50.01-5 [Removed]

130. Remove Sec. 50.01-5.

Sec. 50.10-5 [Amended]

131. In Sec. 50.10-5, remove the words ``title 52, Revised

Statutes, and acts amendatory thereof or supplemental thereto, and

rules and regulations thereunder'' and add, in their place, the words

``Subtitle II, Title 46, U.S. Code, Title 46 and Title 33 U.S. Code,

and regulations under these statutes''.

Sec. 50.10-10 [Amended]

132. In Sec. 50.10-10, remove the words ``title 52, Revised

Statutes, and acts amendatory thereof or supplemental thereto, and

rules and regulations thereunder,'' and add, in their place, the words

``Subtitle II, Title 46, U.S. Code, Title 46 and Title 33 U.S. Code,

and regulations under these statutes''.

Sec. 50.10-15 [Amended]

133. In Sec. 50.10-15, remove the words ``title 52, Revised

Statutes, and acts amendatory thereof or supplemental thereto, and

rules and regulations thereunder,'' and add, in their place, the words

``Subtitle II, Title 46, U.S. Code, Title 46 and Title 33 U.S. Code,

and regulations under these statutes''.

PART 56--PIPING SYSTEMS AND APPURTENANCES

134. The authority citation for part 56 continues to read as

follows:

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

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

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

Sec. 56.01-2 [Amended]

135. Amend Sec. 56.01-2(b) as follows:

a. Remove the words ``ASTM B 154-82, Mercurous Nitrate Test for

Copper and Copper Alloy, 56.60-2'';

b. Remove the words ``ASTM F 1173-88'' and add, in their place, the

words ``ASTM F 1173-95'';

c. Remove the Philadelphia address for ASTM and add, in its place,

a new address; and

d. Add, in alphabetical order to the organizations whose standards

are incorporated by reference, the following additional standards:

Sec. 56.01-2 Incorporation by reference.

* * * * *

(b) * * *

American Society for Testing and Materials (ASTM)

ASTM International Headquarters, 100 Barr Harbor Dr., West

Conshohocken, PA 19248-2959.

* * * * *

ASTM B 858M-95 Standard Test Method for Determination of Susceptibility

to Stress Corrosion Cracking in Copper Alloys Using an Ammonia Vapor

Test--Table 56.60-2(a)

* * * * *

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United

Kingdom. Resolution A.753(18) Guidelines for the Application of Plastic

Pipes on Ships--56.60-25

* * * * *

136. In Sec. 56.07-10, revise paragraphs (c) and (e) to read as

follows:

Sec. 56.07-10 Design conditions and criteria (modifies 101-104.7).

* * * * *

(c) Ship motion dynamic effects (replaces 101.5.3). Piping system

designs shall account for the effects of ship motion and flexure,

including weight, yaw, sway, roll, pitch, heave, and vibration.

* * * * *

(e) Pressure design (modifies 102.3, 104.1.2 and 104.4).

(1) Materials for use in piping must be selected as described in

Sec. 56.60-1(a) of this part. Tabulated allowable stress values for

these materials shall be measured as indicated in 102.3.1 of ANSI-B-

31.1, Tables 56.60-1(a) and 56.60-2(a).

(2) Allowable stress values, as found in the ASME Code, which are

restricted in application by footnote or are italicized shall not be

used. Where multiple stresses are listed for a material, the lowest

value of the listing shall be used unless otherwise approved by the

Commandant. In all cases the temperature is understood to be the actual

temperature of the component.

(3) Where the operator desires to use a material not listed,

permission must be obtained from the Commandant. Requirements for

testing found in Sec. 56.97-40(a)(2) and Sec. 56.97-40(a)(4) may affect

design and should be considered. Special design limitations may be

found for specific systems. Refer to subpart 56.50 for specific

requirements.

* * * * *

137. Revise Sec. 56.10-5(d) to read as follows:

Sec. 56.10-5 Pipe.

* * * * *

(d) Nonmetallic pipe. Plastic pipe may be used subject to the

conditions described in Sec. 56.60-25.

138. Revise Sec. 56.20-15 to read as follows:

Sec. 56.20-15 Valves employing resilient material.

(a) A valve in which the closure is accomplished by resilient

nonmetallic material instead of a metal to metal seat shall comply with

the design, material, construction and testing for valves specified in

this part.

(b) Valves employing resilient material shall be divided into three

categories, Positive shutoff, Category A, and Category B, and shall be

tested and used as follows:

(1) Positive shutoff valves. The closed valve must pass less than

10 ml/hr (0.34 fluid oz/hr) of liquid or less than 3 l/hr (0.11 cubic

ft/hr) of gas per inch nominal pipe size through the line after removal

of all resilient material and testing at full rated pressure. Packing

material must be fire resistant. Piping subject to internal head

pressure from a tank containing oil must be fitted with positive

shutoff valves located at the tank in accordance with Sec. 56.50-60(d).

Otherwise positive shutoff valves may be used in any location in lieu

of a required Category A or Category B valve.

(2) Category A valves. The closed valve must pass less than the

greater of

[[Page 51201]]

5 percent of its fully open flow rate or 15 percent divided by the

square root of the nominal pipe size (NPS) of its fully open flow rate

through the line after complete removal of all resilient seating

material and testing at full rated pressure; as represented by the

formula: (15% / NPS) (Fully open flow rate). Category A

valves may be used in any location except where positive shutoff valves

are required by Sec. 56.50-60(d). Category A valves are required in the

following locations:

(i) Valves at vital piping system manifolds;

(ii) Isolation valves in cross-connects between two piping systems,

at least one of which is a vital system, where failure of the valve in

a fire would prevent the vital system(s) from functioning as designed.

(iii) Valves providing closure for any opening in the shell of the

vessel.

(3) Category B valves. The closed valve will not provide effective

closure of the line or will permit appreciable leakage from the valve

after the resilient material is damaged or destroyed. Category B valves

are not required to be tested and may be used in any location except

where a Category A or positive shutoff valve is required.

(c) If a valve designer elects to use either calculations or actual

fire testing in lieu of material removal and pressure testing, the

proposed calculation method or test plan must be accepted by the

Commandant (G-MSE).

139. Revise Sec. 56.50-30(b)(6) to read as follows:

Sec. 56.50-30 Boiler feed piping.

* * * * *

(b) * * *

(6) A sentinel valve is not required for vessels constructed after

September 30, 1997, and for other vessels to which it has been shown to

the satisfaction of the cognizant Officer in Charge, Marine Inspection

or the Coast Guard Marine Safety Center, that a sentinel valve is not

necessary for the safe operation of the particular boiler.

* * * * *

Sec. 56.50-50 [Amended]

140. In Sec. 56.50-50, remove paragraph (c)(3); redesignate

paragraph (c)(4) as paragraph (c)(3); and revise paragraph (c)(2) to

read as follows:

Sec. 56.50-50 Bilge and ballast piping.

* * * * *

(c) * * *

(2) Each passenger vessel on an international voyage must comply

with the provisions of SOLAS II-1/21.

* * * * *

Sec. 56.50-90 [Amended]

141. In Sec. 56.50-90(e), remove the sentence ``No perforations or

openings will be permitted throughout the length of a sounding pipe

where fitted to oil tanks.''

142. Add Sec. 56.50-103 to read as follows:

Sec. 56.50-103 Fixed oxygen-acetylene distribution piping.

(a) This section applies to fixed piping installed for the

distribution of oxygen and acetylene carried in cylinders as vessels

stores.

(b) The distribution piping shall be of at least standard wall

thickness and shall include a means, located as close to the supply

cylinders as possible, of regulating the pressure from the supply

cylinders to the suitable pressure at the outlet stations.

(c) Acetylene distribution piping and pipe fittings must be

seamless steel. Copper alloys containing less than 65 percent copper

may be used in connection with valves, regulators, gages, and other

equipment used with acetylene.

(d) Oxygen distribution piping and pipe fittings must be seamless

steel or copper.

(e) When more than two cylinders are connected to a manifold, the

supply pipe between each cylinder and manifold shall be fitted with a

non-return valve.

(f) Except for the cylinder manifolds, acetylene is not to be piped

at a pressure in excess of 100 kPa (14.7 psi).

(g) Pipe joints on the low pressure side of the regulators shall be

welded.

(h) Branch lines shall not run through unventilated spaces or

accommodation spaces.

(i) Relief valves or rupture discs shall be installed as relief

devices in the piping system if the maximum design pressure of the

piping system can be exceeded. The relief device set pressure shall not

exceed the maximum design pressure of the piping system. Relief devices

shall discharge to a location in the weather at least 3 m (10 ft) from

sources of ignition or openings to spaces or tanks.

(j) Outlet stations are to be provided with suitable protective

devices which will prevent the back flow of gas into the supply lines

and prevent the passage of flame into the supply lines.

(k) Shutoff valves shall be fitted at each outlet.

Sec. 56.60-2 [Amended]

143. In Sec. 56.60-2, remove paragraph (a). Redesignate paragraph

(b) introductory text as introductory text to the section. Redesignate

paragraphs (b)(1), (b)(2), (b)(3), (b)(3)(i), (b)(3)(i)(A), and

(b)(3)(i)(B) as paragraphs (a), (b), (c), (c)(1), (c)(1)(i), and

(c)(1)(ii), respectively. Redesignate the text of paragraph (b)(3)(ii)

as paragraph (c)(2) and revise (c)(2), and in table 56.60-2(a), revise

footnotes 7 and 9 to read as follows:

Sec. 56.60-2 Limitations on materials.

* * * * *

(c) * * *

(2) For those specifications in which no filler material is used in

the welding process, the ultrasonic examination as required by item S-6

in ASTM A-376 shall be certified as having been met for service above

800 deg.F.

Table 56.60-2(a)--Adopted Specifications not Listed in the ASME Code

* * * * *

7 An ammonia vapor test, in accordance with ASTM B 858M-95,

shall be performed on a representative model of each finished

product design.

* * * * *

9 An ammonia vapor test, in accordance with ASTM B 858M-95,

shall be performed on a representative model for each finished

product design. Tension tests shall be performed to determine

tensile strength, yield strength, and elongation. Minimum values

shall be those listed in table 3 of ASTM B283.

Sec. 56.60-25 [Amended]

144. In Sec. 56.60-25, remove paragraph (b); redesignate paragraphs

(c), (d), and (e) as paragraphs (b), (c), and (d), respectively; and

revise paragraph (a) to read as follows:

Sec. 56.60-25 Nonmetallic materials.

(a) Plastic pipe installations shall be in accordance with the

International Maritime Organization (IMO) resolution A.753(18),

Guidelines for the Application of Plastic Pipes on Ships and the

following supplemental requirements:

(1) Materials used in the fabrication of plastic pipe shall comply

with the appropriate standards listed in Sec. 56.01-2 of this chapter.

(2) Plastic pipe is not permitted in a concealed space in an

accommodation or service area, such as behind ceilings or linings or

between double bulkheads, unless--

(i) Each trunk or duct containing such piping is completely

surrounded by ``A'' class divisions; or

(ii) An approved smoke-detection system is fitted in the concealed

space and each penetration of a bulkhead or deck and each installation

of a draft stop is made in accordance with IMO resolution A.753(18) to

maintain the integrity of fire divisions.

[[Page 51202]]

(3) Plastic pipe used outboard of the required metallic shell valve

in any piping system penetrating the vessel's shell (see Sec. 56.50-

95(f)) shall have the same fire endurance as the metallic shell valve.

Where the shell valve and the plastic pipe are in the same unmanned

space, the valve shall be operable from above the freeboard deck.

(4) Pipe that is to be used for potable water shall bear the seal

of approval or NSF mark of the National Sanitation Foundation Testing

Laboratory, Incorporated, School of Public Health, University of

Michigan, Ann Arbor, MI 48103.

* * * * *

145. Revise Sec. 56.95-10(a)(1) and footnote 1 to read as follows:

Sec. 56.95-10 Type and extent of examination required.

(a) * * *

(1) 100 percent radiography \1\ is required for all Class I, I-L,

and II-L piping with wall thickness equal to or greater than 10 mm

(.375 in.).

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

\1\ Where for some reason, such as a joint configuration,

radiography is not applicable, another approved examination may be

utilized.

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

* * * * *

146. Add Sec. 56.97-40(a)(10) to read as follows:

Sec. 56.97-40 Installation tests.

(a) * * *

(10) Fixed oxygen-acetylene system piping.

* * * * *

PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS

147. The authority citation for part 58 continues to read as

follows:

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

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

Sec. 58.10-10 [Amended]

148. In Sec. 58.10-10, remove paragraph (b) and redesignate

paragraphs (c) and (d) as paragraphs (b) and (c), respectively.

PART 61--PERIODIC TESTS AND INSPECTIONS

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

follows:

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

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

150. Revise Sec. 61.05-20 to read as follows:

Sec. 61.05-20 Boiler safety valves.

Each safety valve for a drum, superheater, or reheater of a boiler

shall be tested at the interval specified by table 61.05-10.

151. In Sec. 61.10-5, revise paragraphs (a) and (b) to read as

follows:

Sec. 61.10-5 Pressure vessels in service.

(a) Basic requirements. Each pressure vessel must be examined or

tested every 5 years. The extent of the test or examination should be

that necessary to determine that the pressure vessel's condition is

satisfactory and that the pressure vessel is fit for the service

intended.

(b) Internal and external tests and inspections. (1) Each pressure

vessel listed on the Certificate of Inspection must be thoroughly

examined externally every 5 years.

(2) In addition, each pressure vessel listed on the Certificate of

Inspection that is fitted with a manhole or other inspection opening so

it can be satisfactorily examined internally, must be opened for

internal examination every 5 years.

(3) No pressure vessel need be hydrostatically tested except when a

defect is found that, in the marine inspector's opinion, may affect the

safety of the pressure vessel. In this case, the pressure vessel should

be hydrostatically tested at a pressure of 1 \1/2\ times the maximum

allowable working pressure.

* * * * *

152. Revise Sec. 61.15-12(b) to read as follows:

Sec. 61.15-12 Nonmetallic expansion joints.

* * * * *

(b) A nonmetallic expansion joint must be replaced 10 years after

it has been placed into service if it is located in a system which

penetrates the side of the vessel and both the penetration and the

nonmetallic expansion joint are located below the deepest load

waterline. The Officer in Charge, Marine Inspection may grant an

extension of the ten year replacement to coincide with the vessel's

next drydocking.

153. Revise Sec. 61.20-5(b) to read as follows:

Sec. 61.20-5 Drydock examination.

* * * * *

(b) Sea chests, sea valves, sea strainers, and valves for the

emergency bilge suction shall be opened up for examination every 5

years at the time of drydocking.

PART 63--AUTOMATIC AUXILIARY BOILERS

154. The authority citation for part 63 continues to read as

follows:

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

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

155. In Sec. 63.05-1(b), add, in alphabetical order to the

organizations referenced, the following standards:

Sec. 63.05-1 Incorporation by reference.

* * * * *

(b) * * *

* * * * *

American Society for Testing and Materials (ASTM)

ASTM International Headquarters, 100 Barr Harbor Dr., West

Conshohocken, PA 19248-2959.

Standard Specifications for Shipboard Incinerators, ASTM F 1323-

90--63.25-9

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United

Kingdom. Resolution MEPC.59(33), Revised Guidelines for the

Implementation of Annex V of MARPOL 73/78--63.25-9

International Organization for Standardization

Case postale 56, CH-1211, Geneve 2009.

Shipbuilding-Shipboard Incinerators-Requirements, 13617 (1995)--

63.25-9

* * * * *

Sec. 63.25-3 [Amended]

156. In Sec. 63.25-3(j), remove the last sentence.

157. Revise Sec. 63.25-9 to read as follows:

Sec. 63.25-9 Incinerators.

Incinerators installed on or after March 26, 1998 must meet the

requirements of IMO resolution MEPC.59(33). Incinerators in compliance

with ISO standard 13617 (1995), ``Shipbuilding-Shipboard Incinerators-

Requirements'' are considered to meet the requirements of IMO

resolution MEPC.59(33). Incinerators in compliance with both ASTM F-

1323-90, ``Standard Specifications for Shipboard Incinerators'' and

Annexes A1-A3 of IMO resolution MEPC.59(33) are considered to meet the

requirements of IMO resolution MEPC.59(33).

PART 68--DOCUMENTATION OF VESSELS PURSUANT TO EXTRAORDINARY

LEGISLATIVE GRANTS

158. The authority citation for part 68 continues to read as

follows:

Authority: 46 U.S.C. 2103; 49 CFR 1.46. Subpart 68.01 also

issued under 46 U.S.C. App. 876; subpart 68.05 also issued under 46

U.S.C. 12106(d).

[[Page 51203]]

Subpart 68.01--[Amended]

159. In Subpart 68.01, revise the heading to read as follows:

Subpart 68.01--Regulations Implementing Provisions for 46 U.S.C.

App. 833-1

Sec. 68.01-1 [Amended]

160. In Sec. 68.01-1, in the definition of ``Act'' and the

definition of ``883-1 citizen'' or ``883-1 corporation'' remove the

words ``(46 U.S.C. 883-1)'' and add, in their place, the words ``(46

U.S.C. App. 883-1)''.

Sec. 68.01-3 [Amended]

161. In Sec. 68.01-3, in the introductory paragraph, remove the

words ``(46 U.S.C. 883-1)'' and add, in their place, the words ``(46

U.S.C. App. 883-1)'' and revise the section heading to read as follows:

Sec. 68.01-3 Requirements for citizenship under 46 U.S.C. App. 883-1.

162. In Sec. 68.01-15(c), revise the introductory text to read as

follows:

Sec. 68.01-15 Restrictions.

* * * * *

(c) A vessel owned by an 883-1 corporation may be operated under

demise or bareboat charter to a common or a contract carrier subject to

49 U.S.C. Chapter 101 if the corporation is a U.S. citizen as defined

in 46 U.S.C. App. 802.

* * * * *

PART 69--MEASUREMENT OF VESSELS

163. The authority citation for part 69 continues to read as

follows:

Authority: 46 U.S.C. 2301, 14103; 49 CFR 1.46.

Sec. 69.11 [Amended]

164. In Sec. 69.11, remove paragraph (a)(2)(iv), and redesignate

paragraphs (a)(2)(v) and (a)(2)(vi) as paragraphs (a)(2)(iv) and

(a)(2)(v), respectively. In paragraph (a)(5), remove the words ``After

July 18, 1994,'' and capitalize the word ``A'' directly following.

165. In Sec. 69.117(f)(4), revise the introductory text to read as

follows:

Sec. 69.117 Spaces exempt from inclusion in gross tonnage.

* * * * *

(f) * * *

(4) If the total of all water ballast spaces to be exempted from

gross tonnage exceeds 30 percent of the vessel's gross tonnage (as

calculated under this subpart without any allowance for water ballast),

a justification of the operating conditions that require the water

ballast must be submitted to the measuring organization for approval.

Although a single condition may justify all water ballast spaces,

several conditions may be necessary in other cases. However, a

particular tank is not justified by a condition if another tank already

justified by another condition could be used as effectively. The

justification must--

* * * * *

PART 70--GENERAL PROVISIONS

166. The authority citation for part 70 continues to read as

follows:

Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. 5103, 5106; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.45, 1.46;

Section 70.01-15 also issued under the authority of 44 U.S.C. 3507.

Sec. 70.01-1 [Amended]

167. In Sec. 70.01-1(a), remove the paragraph designation (a) and

remove the words ``in accordance with the intent of title 52 of the

Revised Statutes and acts amendatory thereof or supplemental thereto,

as well as to implement various International Conventions for Safety of

affect the merchant marine''.

Sec. 70.01-5 [Removed]

168. Remove Sec. 70.01-5.

Sec. 70.05-15 [Removed]

169. Remove Sec. 70.05-15.

Sec. 70.05-25 [Removed]

170. Remove Sec. 70.05-25.

Sec. 70.10-11 [Amended]

171. In Sec. 70.10-11, remove the words ``title 52, Revised

Statutes, and acts amendatory thereof or supplemental thereto, and

rules and regulations thereunder'' and add, in their place, the words

``Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code,

and regulations issued under these statutes''.

Sec. 70.10-25 [Amended]

172. In Sec. 70.10-25, remove the words ``title 52, Revised

Statutes, and acts amendatory thereof or supplemental thereto, and

rules and regulations thereunder'' and add, in their place, the words

``Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code,

and regulations issued under these statutes''.

Sec. 70.10-33 [Amended]

173. In Sec. 70.10-33, remove the words ``title 52, Revised

Statutes, and acts amendatory thereof or supplemental thereto, and

rules and regulations thereunder'' and add, in their place, the words

``Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code,

and regulations issued under these statutes''.

Subpart 70.30 [Removed]

174. Remove subpart 70.30 consisting of Secs. 70.30-1 through

70.30-5.

PART 71--INSPECTION AND CERTIFICATION

175. The authority citation for part 71 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306; 46 U.S.C.

3316, as amended by Sec. 607, Pub. L. 104-324, 110 Stat. 3901; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR

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

Sec. 71.01-10 [Amended]

176. In Sec. 71.01-10(a), remove the words ``except for those

vessels subject only to the Act of May 10, 1956 (46 U.S.C. 390-390g),

when the certificates will be issued for a period of 3 years''.

Sec. 71.25-25 [Amended]

177. In Sec. 71.25-25, revise paragraphs (a)(5), (b)(3), and (c) to

read as follows and remove paragraph (e):

Sec. 71.25-25 Hull equipment.

(a) * * *

(5) The owner, operator or master shall provide the Officer in

Charge, Marine Inspection with all current valid certificates and

registers of cargo gear issued by an organization recognized by the

Commandant under Sec. 31.10-16.

(b) * * *

(3) Indicate that the cargo gear described in the certificate or

register complies with the standards of the organization or association

authorized to issue the certificate or register.

(c) Competent persons for the purposes of this section are defined

as--

(1) Surveyors of a classification society recognized by the

Commandant under 46 U.S.C. 3316.

(2) Surveyors of a cargo gear organization recognized by the

Commandant under Sec. 31.10-16.

(3) Responsible officials or employees of the testing laboratories,

companies, or organizations who conduct tests of pieces of loose cargo

gear, wire rope, or the annealing of gear as may be required by the

standards of the organization or association authorized to issue the

certificate or register.

* * * * *

Sec. 71.30-1 [Amended]

178. In Sec. 71.30-1, remove paragraph (b) and remove the paragraph

designation (a).

Subpart 71.47 [Removed]

179. Remove subpart 71.47 consisting of Secs. 71.47-1 through

71.47-85.

180. Revise Sec. 71.50-1(a) to read as follows:

[[Page 51204]]

Sec. 71.50-1 Definitions relating to hull examinations.

* * * * *

(a) Drydock examination means hauling out a vessel or placing a

vessel in a drydock or slipway for an examination of all accessible

parts of the vessel's underwater body and all through-hull fittings.

* * * * *

181. Add Sec. 71.65-1(c) to read as follows:

Sec. 71.65-1 General.

* * * * *

(c) Plans and specifications for cargo gear shall be approved by

either a recognized classification society or a recognized cargo gear

organization as defined in Sec. 71.25-25.

PART 72--CONSTRUCTION AND ARRANGEMENT

182. The authority citation for part 72 continues to read as

follows:

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

Comp., p. 277; 49 CFR 1.46.

183. Revise Sec. 72.01-1 to read as follows:

Sec. 72.01-1 Application.

The provisions of this subpart, with the exception of Sec. 72.01-

90, shall apply to all vessels contracted for on or after November 19,

1952. Vessels contracted for prior to November 19, 1952, shall meet the

requirements of Sec. 72.01-90.

Sec. 72.05-10 [Amended]

184. In Sec. 72.05-10, remove paragraph (m). Redesignate paragraphs

(n) through (q) as paragraphs (m) through (p), respectively.

Sec. 72.30-5 [Removed]

185. Remove Sec. 72.30-5.

PART 76--FIRE PROTECTION EQUIPMENT

186. The authority citation for part 76 continues to read as

follows:

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

Comp., p. 277; 49 CFR 1.46.

187. In Sec. 76.01-2(b), add, in alphabetical order to the

organizations referenced, the following standard:

Sec. 76.01-2 Incorporation by reference.

* * * * *

(b) * * *

National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269-9101.

NFPA 13-1996, Standard for the Installation of Sprinkler Systems--

76.25-1

188. Revise Sec. 76.10-5(f) to read as follows:

Sec. 76.10-5 Fire pumps.

* * * * *

(f) Fire pumps may be used for other purposes provided at least one

of the required pumps is kept available for use on the fire system at

all times. In no case shall a pump having connection to an oil line be

used as a fire pump. Branch lines connected to the fire main for

purposes other than fire and deck wash shall be arranged so that the

requirements of paragraphs (b) and (c) of this section and any other

services installed on the fire main can be met simultaneously.

* * * * *

189. In Sec. 76.10-10, revise the heading and paragraph (n)(1) to

read as follows:

Sec. 76.10-10 Fire station hydrants, hose and nozzles--T/ALL.

* * * * *

(n) * * *

(1) Fire station hydrant connections shall be brass, bronze, or

other equivalent metal. Couplings shall either--

(i) Use National Standard fire hose coupling threads for the 1\1/2\

inch (38 millimeter) and 2\1/2\ inch (64 millimeter) hose sizes, i.e.,

9 threads per inch for 1\1/2\ inch hose, and 7\1/2\ threads per inch

for 2\1/2\ inch hose; or

(ii) Be a uniform design for each hose diameter throughout the

vessel.

* * * * *

Sec. 76.15-5 [Remove and Reserve]

190. Remove and reserve Sec. 76.15-5(d).

191. Revise Sec. 76.25-1 to read as follows:

Sec. 76.25-1 Application.

Where an automatic sprinkling system is installed, the systems

shall comply with NFPA 13-1996.

192. Revise Sec. 76.25-90 to read as follows:

Sec. 76.25-90 Installations contracted for prior to September 30,

1997.

(a) Existing arrangements, materials, and facilities previously

approved shall be considered satisfactory so long as they meet the

minimum requirements of this paragraph, and they are maintained in good

condition to the satisfaction of the Officer in Charge, Marine

Inspection. Minor repairs and replacements may be made to the same

standards as the original installation.

(b) The details of the system shall be in general agreement with

NFPA 13-1996 insofar as is reasonable and practicable. Existing piping,

pumping facilities, sprinkler heads, and operating devices may be

retained provided a reasonable coverage of the spaces protected is

assured.

PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

193. The authority citation for part 77 continues to read as

follows:

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

Comp., p. 277; 49 CFR 1.46.

194. In Sec. 77.35-10(a), add the following sentence to the end of

the paragraph: ``In lieu of the flame safety lamp, vessels may carry an

oxygen depletion meter which is listed by a Coast Guard recognized

independent laboratory as intrinsically safe.''

PART 78--OPERATIONS

195. The authority citation for part 78 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49

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

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

1.46.

196. Add Sec. 78.01-2 to read as follows:

Sec. 78.01-2 Incorporation by reference.

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

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

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

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

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

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

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

Street NW., Suite 700, Washington, DC 20002, and at the U.S. Coast

Guard, Lifesaving and Fire Safety Division (G-MSE-4), 2100 Second

Street SW., Washington, DC 20593-0001, and is available from the

sources indicated in paragraph (b) of this section.

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

part and the sections affected are as follows:

American Society for Testing and Materials (ASTM)

ASTM International Headquarters, 100 Barr Harbor Dr., West

Conshohocken, PA 19248-2959.

ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation

11-2/20 of the 1974 SOLAS Convention, PCN 12-616260-01, \ 1996--

78.45-1

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United

Kingdom. Resolution A.654(16), Graphical Symbols for Fire Control

Plans--78.45-1

197. Revise Sec. 78.17-30 to read as follows:

[[Page 51205]]

Sec. 78.17-30 Examination of boilers and machinery.

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

the boilers and machinery of a vessel to examine them thoroughly. If

any parts thereof are in bad condition, the fact shall immediately be

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

Marine Inspection.

Sec. 78.33-20 [Removed]

198. Remove Sec. 78.33-20.

Sec. 78.37-10 [Amended]

199. In Sec. 78.37-10(b) introductory text, remove the words

``(R.S. 4467, as amended, 46 U.S.C. 460)''.

Subpart 78.43--[Removed]

200. Remove subpart 78.43 consisting of Sec. 78.43-1.

201. Revise Sec. 78.45-1 to read as follows:

Sec. 78.45-1 When required.

(a) Vessels of 1,000 gross tons and over, and vessels of any

tonnage on an international voyage shall have permanently exhibited for

the guidance of the officer in charge of the vessel the following

plans:

(1) General arrangement plans showing for each deck the fire

control stations, the various sections enclosed by fire-resisting

bulkheads, together with particulars of the fire alarms, detecting

systems, the sprinkler installation (if any), the fire extinguishing

appliances, means of access to different compartments, decks, etc., and

the ventilating systems including particulars of the master fan

controls, the positions of dampers, the location of the remote means of

stopping fans, and identification numbers of the ventilating fans

serving each section. If cargo compartments are ``specially suitable

for vehicles,'' they shall be so indicated on the plan. Alternatively,

at the discretion of the Commandant, the listed details may be set out

in a different medium, such as a booklet or on computer software,

provided that the details are available to each officer and a written

copy is retained on board at all times and is accessible during

emergencies.

(2) For vessels constructed on or after September 30, 1997, and for

existing vessels which have their plans redrawn, the symbols used to

identify the aforementioned details shall be in accordance with IMO

Assembly resolution A.654(16). The identical symbols can be found in

ASTM Adjunct F 1626.

(3) Plans showing clearly for each deck and hold the boundaries of

the watertight compartments, the openings therein with the means of

closure and position of any controls thereof, and the arrangements for

the correction of any list due to flooding.

(4) The aforementioned information required for this section shall

be kept up-to-date, any alteration being recorded in the applicable

medium as soon as practicable.

202. Revise Sec. 78.47-27 to read as follows:

Sec. 78.47-27 Self-contained breathing apparatus.

Lockers or spaces containing self-contained breathing apparatus

shall be marked ``SELF-CONTAINED BREATHING APPARATUS.''

Subpart 78.53 [Removed]

203. Remove subpart 78.53 consisting of Secs. 78.53-1 through

78.53-5.

204. Revise Sec. 78.55-1 to read as follows:

Sec. 78.55-1 Master and chief engineer responsible.

It shall be the duty of the master and the engineer in charge of

the boilers of any vessel to require that a steam pressure is not

carried in excess of that allowed by the certificate of inspection, and

to require that the safety valves, once set by the inspector, are in no

way tampered with or made inoperative.

205. Revise Sec. 78.65-1 to read as follows:

Sec. 78.65-1 Licensed officers.

All licensed officers on a vessel shall have their licenses

conspicuously displayed.

PART 80--DISCLOSURE OF SAFETY STANDARDS AND COUNTRY OF REGISTRY

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

follows:

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

207. Revise Sec. 80.01 to read as follows:

Sec. 80.01 Purpose.

The purpose of the regulations in this part is to implement 46

U.S.C. 3504.

Sec. 80.40 [Amended]

208. In Sec. 80.40, remove the words ``46 U.S.C. 362(b)'' and add,

in their place, the words ``46 U.S.C. 3504''.

PART 90--GENERAL PROVISIONS

209. The authority citation for part 90 continues to read as

follows:

Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. 5103, 5106; E.O.

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

210. Revise Sec. 90.01-1 to read as follows:

Sec. 90.01-1 Purpose of regulations.

The purpose of the regulations in this subchapter is to set forth

uniform minimum requirements for cargo and miscellaneous vessels, as

listed in Column 5 of table 90.05-1(a).

Sec. 90.01-5 [Removed]

211. Remove Sec. 90.01-5.

Sec. 90.05-30 [Removed]

212. Remove Sec. 90.05-30.

213. Revise Sec. 90.10-9 to read as follows:

Sec. 90.10-9 Coast Guard District Commander.

This term means an officer of the Coast Guard designated as such by

the Commandant to command all Coast Guard activities within the

officer's district, which include the inspection, enforcement, and

administration of Subtitle II of Title 46, U.S. Code, Title 46 and

Title 33 U.S. Code, and regulations issued under these statutes.

214. Revise Sec. 90.10-21 to read as follows:

Sec. 90.10-21 Marine inspector or inspector.

These terms mean any person from the civilian or military branch of

the Coast Guard assigned under the superintendence and direction of an

Officer in Charge, Marine Inspection, or any other person as may be

designated for the performance of duties with respect to inspection,

enforcement, and administration of Subtitle II of Title 46, U.S. Code,

Title 46 and Title 33 U.S. Code, and regulations issued under these

statutes.

215. Revise Sec. 90.10-23 introductory text to read as follows:

Sec. 90.10-23 Motorboat.

This term means any vessel indicated in Column 5 of table 90.05-

1(a) 65 feet in length or less which is propelled by machinery

(including steam). The length shall be measured from end to end over

the deck excluding sheer. This term includes a boat temporarily or

permanently equipped with a detachable motor. For the purpose of this

subchapter, motorboats are included under the term ``vessel'' unless

specifically noted otherwise. The various classes of motorboats are as

follows:

* * * * *

216. Revise Sec. 90.10-27 to read as follows:

Sec. 90.10-27 Officer in Charge, Marine Inspection (OCMI).

This term means any person from the civilian or military branch of

the Coast

[[Page 51206]]

Guard designated as such by the Commandant and who, under the

superintendence and direction of the Coast Guard District Commander, is

in charge of an inspection zone for the performance of duties with

respect to the inspections, enforcement, and administration of Subtitle

II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and

regulations issued under these statutes.

217. In Sec. 90.10-36, revise the first sentence to read as

follows:

Sec. 90.10-36 Seagoing barge.

A seagoing barge is a nonself-propelled vessel of at least 100

gross tons making voyages beyond the Boundary Line (as defined in 46

CFR part 7). * * *

Subpart 90.30-1 [Removed]

218. Remove subpart 90.30-1 consisting of Secs. 90.30-1 through

90.30-5.

PART 91--INSPECTION AND CERTIFICATION

219. The authority citation for part 91 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; 46 U.S.C. 3316, as

amended by Sec. 607, Pub. L. 104-324, 110 Stat. 3901; E.O. 12234, 45

FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR,

1971-1975 Comp., p. 793; 49 CFR 1.46.

Sec. 91.25-25 [Amended]

220. In Sec. 91.25-25, revise paragraphs (a)(3), (b)(3), and (c) to

read as follows and remove paragraph (e):

Sec. 91.25-25 Hull equipment.

(a) * * *

(3) The owner, operator or master shall provide the Officer in

Charge, Marine Inspection with all current valid certificates and

registers of cargo gear issued by an organization recognized by the

Commandant under Sec. 31.10-16.

(b) * * *

(3) Indicate that the cargo gear described in the certificate or

register complies with the standards of the organization or association

authorized to issue the certificate or register.

(c) Competent persons for the purposes of this section are defined

as--

(1) Surveyors of a classification society recognized by the

Commandant under 46 U.S.C. 3316.

(2) Surveyors of a cargo gear organization recognized by the

Commandant under Sec. 31.10-16.

(3) Responsible officials or employees of the testing laboratories,

companies, or organizations who conduct tests of pieces of loose cargo

gear, wire rope, or the annealing of gear as may be required by the

standards of the organization or association authorized to issue the

certificate or register.

* * * * *

Subpart 91.37 [Removed]

221. Remove subpart 91.37 consisting of Secs. 91.37-1 through

91.37-85.

222. In Sec. 91.40-1, revise paragraphs (a) and (d) to read as

follows:

Sec. 91.40-1 Definitions relating to hull examinations.

* * * * *

(a) Drydock examination means hauling out a vessel or placing a

vessel in a drydock or slipway for an examination of all accessible

parts of the vessel's underwater body and all through-hull fittings.

* * * * *

(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.

223. In Sec. 91.40-3, revise paragraphs (d)(4), (e) introductory

text, and (e)(1) to read as follows:

Sec. 91.40-3 Drydock examination, internal structural examination,

cargo tank internal examination, and underwater survey intervals.

* * * * *

(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);

* * * * *

224. Add Sec. 91.55-1(c) to read as follows:

Sec. 91.55-1 General.

* * * * *

(c) Plans and specifications for cargo gear shall be approved by

either a recognized classification society or a recognized cargo gear

organization, as specified in Sec. 91.25-25.

PART 92--CONSTRUCTION AND ARRANGEMENT

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

follows:

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

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

226. Add Sec. 92.07-1(c) to read as follows:

Sec. 92.07-1 Application.

* * * * *

(c) SOLAS-certificated vessels complying with method IC, as

described in SOLAS 74, regulation II-2/42, may be considered equivalent

to the provisions of this subpart.

PART 93--STABILITY

227. The authority citation for part 93 continues to read as

follows:

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

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

Subpart 93.20 [Removed]

228. Remove subpart 93.20 consisting of Secs. 93.20-1 through

93.20-20, including table 93.17-15.

PART 95--FIRE PROTECTION EQUIPMENT

229. The authority citation for part 95 continues to read as

follows:

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

Comp., p. 277; 49 CFR 1.46.

230. In Sec. 95.01-2(b), add, in alphabetical order of the

organizations referenced, the following standard:

Sec. 95.01-2 Incorporation by reference.

* * * * *

(b) * * *

National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269-9101.

NFPA 13-1996, Standard for the Installation of Sprinkler Systems--

95.30-1

231. Revise Sec. 95.10-5(f) to read as follows:

Sec. 95.10-5 Fire pumps.

* * * * *

(f) Fire pumps may be used for other purposes provided at least one

of the required pumps is kept available for use on the fire system at

all times. In no case shall a pump having connection to an oil line be

used as a fire pump. Branch lines connected to the fire main for

purposes other than fire and deck wash shall be so arranged that

adequate water can be made continuously available for firefighting

purposes.

* * * * *

232. Revise Sec. 95.10-10(n)(1) to read as follows:

Sec. 95.10-10 Fire hydrants and hose.

* * * * *

(n) * * *

[[Page 51207]]

(1) Fire station hydrant connections shall be brass, bronze, or

other equivalent metal. Couplings shall either:

(i) Use National Standard fire hose coupling threads for the 1\1/2\

inch (38 millimeter) and 2\1/2\ inch (64 millimeter) hose sizes, i.e.,

9 threads per inch for 1\1/2\ inch hose, and 7\1/2\ threads per inch

for 2\1/2\ inch hose; or

(ii) Be a uniform design for each hose diameter throughout the

vessel.

* * * * *

Sec. 95.15-5 [Amended]

233. In Sec. 95.15-5, remove paragraph (d) and redesignate

paragraphs (e) and (f) as paragraphs (d) and (e), respectively.

234. Add subpart 95.30 to read as follows:

Subpart 95.30--Automatic Sprinkler Systems, Details

Sec. 95.30-1 Application.

Automatic sprinkler systems shall comply with NFPA 13-1996.

PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

235. The authority citation for part 96 continues to read as

follows:

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

Comp., p. 277; 49 CFR 1.46.

236. In Sec. 96.35-10(a), add the following sentence to the end of

the paragraph: ``In lieu of the flame safety lamp, vessels may carry an

oxygen depletion meter which is listed by a Coast Guard recognized

independent laboratory as intrinsically safe.''

PART 97--OPERATIONS

237. The authority citation for part 97 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49

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

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

1.46.

238. Add Sec. 97.01-2 to read as follows:

Sec. 97.01-2 Incorporation by reference.

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

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

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

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

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

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

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

Street NW., Suite 700, Washington, DC 20002, and at the U.S. Coast

Guard, Lifesaving and Fire Safety Division (G-MSE-4), 2100 Second

Street SW., Washington, DC 20593-0001, and is available from the

sources indicated in paragraph (b) of this section.

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

part and the sections affected are as follows:

American Society for Testing and Materials (ASTM)

ASTM International Headquarters, 100 Barr Harbor Dr., West

Conshohocken, PA 19248-2959.

ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation

11-2/20 of the 1974 SOLAS Convention, PCN 12-616260-01,

1996--97.36-1

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United

Kingdom.

Resolution A.654(16), Graphical Symbols for Fire Control Plans--

97.36-1

239. Revise Sec. 97.15-15 to read as follows:

Sec. 97.15-15 Examination of boilers and machinery.

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

the boilers and machinery of a vessel to examine them thoroughly. If

any parts thereof are in bad condition, the fact shall immediately be

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

Marine Inspection.

Sec. 97.30-20 [Removed]

240. Remove Sec. 97.30-20.

241. Revise Sec. 97.36-1 to read as follows:

Sec. 97.36-1 When required.

Barges with sleeping accommodations for more than six persons and

all self-propelled vessels shall have permanently exhibited for the

guidance of the officer in charge of the vessel the following plans:

(a) General arrangement plans showing for each deck the fire

control stations, the various sections enclosed by fire-resisting

bulkheads, together with particulars of the fire alarms, detecting

systems, the sprinkler installation (if any), the fire extinguishing

appliances, means of access to different compartments, decks, etc., and

the ventilating systems including particulars of the master fan

controls, the positions of dampers, the location of the remote means of

stopping fans, and identification numbers of the ventilating fans

serving each section. If cargo compartments are ``specially suitable

for vehicles,'' they shall be so indicated on the plan. Alternatively,

at the discretion of the Commandant, the aforementioned details may be

set out in any other medium, such as a booklet or on computer software,

provided that the aforementioned details are available to each officer

and a copy is retained on board at all times and is accessible during

emergencies. For vessels constructed on or after September 30, 1997 or

for existing vessels which have their plans redrawn, the symbols used

to identify the aforementioned details shall be in accordance with IMO

Assembly resolution A.654(16). These identical symbols can also be

found in ASTM Adjunct F 1626.

(b) Plans showing clearly for each deck and hold the boundaries of

the watertight compartments, the openings therein with the means of

closure and position of any controls thereof, and the arrangements for

the correction of any list due to flooding.

(c) The aforementioned information shall be kept up-to-date, any

alteration being recorded in the applicable medium as soon as

practicable.

242. In Sec. 97.37-20, revise the heading to read as follows:

Sec. 97.37-20 Self-contained breathing apparatus.

* * * * *

Subpart 97.43--[Removed]

243. Remove subpart 97.43 consisting of Secs. 97.43-1 to 97.43-5.

244. Revise Sec. 97.45-1 to read as follows:

Sec. 97.45-1 Master and chief engineer responsible.

It shall be the duty of the master and the chief engineer of any

vessel to require that a steam pressure is not carried in excess of

that allowed by the certificate of inspection, and to require that the

safety valves, once set by the inspector, are in no way tampered with

or made inoperable.

245. Revise Sec. 97.53-1 to read as follows:

Sec. 97.53-1 Licensed officers.

All licensed officers on a vessel shall have their licenses

conspicuously displayed.

PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS

246. The authority citation for part 105 continues to read as

follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 4502; 49

U.S.C. App.1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p.

793; 49 CFR 1.46.

247. Revise Sec. 105.01-1 to read as follows:

[[Page 51208]]

Sec. 105.01-1 Purpose.

The purpose of the regulations in this part is to provide adequate

safety in the transporting and handling of inflammable or combustible

cargo in bulk on board certain commercial fishing vessels and tenders.

Sec. 105.10-1 [Removed]

248. Remove Sec. 105.10-1.

249. Revise Sec. 105.35-1(a) to read as follows:

Sec. 105.35-1 General.

(a) In addition to the requirements in Sec. 28.160 of subchapter C

of this chapter, at least two B-II dry chemical or foam portable fire

extinguishers bearing the marine type label of the Underwriter's

Laboratories, Inc., shall be located at or near each dispensing area.

* * * * *

PART 108--DESIGN AND EQUIPMENT

250. The authority citation for part 108 continues to read as

follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; 49 CFR 1.46.

251. In Sec. 108.101(b), add, in alphabetical order of the

organizations referenced, the following standard:

Sec. 108.101 Incorporation by reference.

* * * * *

(b) * * *

National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269-9101.

NFPA 13-1996, Standard for the Installation of Sprinkler Systems--

108.430

252. Revise Sec. 108.417(e) to read as follows:

Sec. 108.417 Fire pump components and associated equipment.

* * * * *

(e) An oil line must not be connected to a fire pump.

253. Revise Sec. 108.425(b) to read as follows:

Sec. 108.425 Fire hoses and associated equipment.

* * * * *

(b) Fire station hydrant connections shall be brass, bronze, or

other equivalent metal. Couplings shall either:

(1) Use National Standard fire hose coupling threads for the 1\1/2\

inch (38 millimeter) and 2\1/2\ inch (64 millimeter) hose sizes, i.e.,

9 threads per inch for 1\1/2\ inch hose, and 7\1/2\ threads per inch

for 2\1/2\ inch hose; or

(2) Be a uniform design for each hose diameter throughout the

vessel.

* * * * *

254. In Subpart D, after Sec. 108.429, add an undesignated

centerhead and Sec. 108.430 to read as follows:

Automatic Sprinkling Systems

Sec. 108.430 General.

Automatic Sprinkler Systems shall comply with NFPA 13-1996.

Sec. 108.435 [Removed]

255. Remove Sec. 108.435.

PART 109--OPERATIONS

256. The authority citation for part 109 continues to read as

follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 5115, 6101, 10104; 49

CFR 1.46.

257. Add Sec. 109.105 to read as follows:

Sec. 109.105 Incorporation by reference.

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

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

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

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

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

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

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

DC 20002, and at the U.S. Coast Guard, Office of Design and Engineering

Standards (G-MSE), 2100 Second Street SW., Washington, DC 20593-0001

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

section.

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

the sections affected are:

American Society for Testing and Materials (ASTM)

ASTM International Headquarters, 100 Barr Harbor Dr., West

Conshohocken, PA 19248-2959.

ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation

11-2/20 of the 1974 SOLAS Convention, PCN 12-616260-01,

1996--109.563

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment, London, SE1 7SR United

Kingdom.

Resolution A.654.(16), Graphical Symbols for Fire Control Plans--

109.563

Sec. 109.121 [Amended]

258. In Sec. 109.121, remove paragraph (b) and redesignate

paragraph (c) as paragraph (b).

Sec. 109.423 [Removed]

259. Remove Sec. 109.423.

260. Revise Sec. 109.431(a) to read as follows:

Sec. 109.431 Logbook.

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

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

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

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

Inspection.

* * * * *

261. Revise Sec. 109.555(b) to read as follows:

Sec. 109.555 Propulsion boilers.

* * * * *

(b) The safety valves, once set, are not tampered with or made

inoperative.

262. Add Sec. 109.563(a)(6) to read as follows:

Sec. 109.563 Posting of documents.

* * * * *

(a) * * *

(6) For units constructed on or after September 30, 1997, and for

existing units which have their plans redrawn, the symbols used to

identify the aforementioned details shall be in accordance with IMO

Assembly resolution A.654(16). The identical symbols can be found in

ASTM Adjunct F 1626.

* * * * *

PART 147A--INTERIM REGULATIONS FOR SHIPBOARD FUMIGATION

263. The authority citation for part 147A is revised to read as

follows:

Authority: 46 U.S.C. 5103; 49 CFR 1.46.

PART 148--CARRIAGE OF SOLID HAZARDOUS MATERIALS IN BULK

264. The authority citation for part 148 is revised to read as

follows:

Authority: 49 U.S.C. 5103; 49 CFR 1.46.

265. Revise Sec. 148.01-1(c) to read as follows:

Sec. 148.01-1 Purpose and applicability.

* * * * *

(c) For purposes of this part, the term vessel means a ``cargo

vessel or barge'' which is not exempted under 49 U.S.C. 5107(d).

* * * * *

SUBCHAPTER O--CERTAIN BULK DANGEROUS CARGOES

Subchapter O [Amended]

266. In Subchapter O, remove the Note which precedes part 150.

PART 150--COMPATIBILITY OF CARGOES

267. The authority citation for part 150 continues to read as

follows:

[[Page 51209]]

Authority: 46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46. Section

150.105 issued under 44 U.S.C. 3507; 49 CFR 1.45.

268. Revise Sec. 150.110 to read as follows:

Sec. 150.110 Applicability.

This subpart prescribes rules for identifying incompatible

hazardous materials and rules for carrying these materials in bulk as

cargo in permanently attached tanks or in tanks that are loaded or

discharged while aboard the vessel. The rules apply to all vessels that

carry liquid dangerous cargoes in bulk that are subject to 46 U.S.C.

Chapter 37.

PART 151--BARGES CARRYING BULK LIQUID HAZARDOUS MATERIAL CARGOES

269. The authority citation for part 151 continues to read as

follows:

Authority: 33 U.S.C. 1903; 46 U.S.C. 3703; 49 CFR 1.46.

270. Revise Sec. 151.03-30(c) (the Note remains unchanged) to read

as follows:

Sec. 151.03-30 Hazardous material.

* * * * *

(c) Designated a hazardous material under 49 U.S.C. 5103.

* * * * *

271. Revise Sec. 151.03-41 to read as follows:

Sec. 151.03-41 Officer in Charge, Marine Inspection (OCMI).

This term means any person from the civilian or military branch of

the Coast Guard designated as such by the Commandant and who, under the

superintendence and direction of the Coast Guard District Commander, is

in charge of an inspection zone for the performance of duties with

respect to the enforcement and administration of Subtitle II of Title

46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued

under these statutes.

PART 153--SHIPS CARRYING BULK LIQUID, LIQUEFIED GAS, OR COMPRESSED

GAS HAZARDOUS MATERIALS

272. The authority citation for part 153 continues to read as

follows:

Authority: 46 U.S.C. 3703; 49 CFR 1.46. Section 153.40 issued

under 49 U.S.C. 5103. Sections 153.470 through 153.491, 153.1100

through 153.1132, and 153.1600 through 153.1608 also issued under 33

U.S.C. 1903(b).

273. In Sec. 153.2, paragraph (3) (but not the Note) in the

definition of Hazardous material is revised to read as follows:

Sec. 153.2 Definitions and acronyms.

* * * * *

Hazardous material means a liquid material or substance that is--

* * * * *

(3) Designated a hazardous material under 49 U.S.C. 5103.

* * * * *

Sec. 153.470 [Amended]

274. In Sec. 153.470, remove the Note at the end of the section.

PART 154--SAFETY STANDARDS FOR SELF-PROPELLED VESSELS CARRYING BULK

LIQUEFIED GASES

275. The authority citation for part 154 continues to read as

follows:

Authority: 46 U.S.C. 3703, 9101; 49 CFR 1.46.

Sec. 154.1445 [Removed]

276. Remove Sec. 154.1445.

PART 160--LIFESAVING EQUIPMENT

277. The authority citation for part 160 continues to read as

follows:

Authority: 46 U.S.C. 2103, 3306, 3703, and 4302; E.O. 12234, 45

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

278. Revise Sec. 160.001-1 to read as follows:

Sec. 160.001-1 Scope.

(a) This subpart contains the general:

(1) Characteristics of life preservers (Type I personal flotation

devices (PFDs));

(2) Approval procedures for life preservers; and

(3) Production oversight requirements for life preservers.

(b) Other subparts in this part specify the detailed requirements

for standard type life preservers and may supplement the requirements

in this subpart.

279. In Sec. 160.001-2, revise paragraphs (b) and (d) to read as

follows:

Sec. 160.001-2 General characteristics of life preservers.

* * * * *

(b) A life preserver must be capable of supporting a minimum of 22

pounds in fresh water for 48 hours.

* * * * *

(d) A life preserver must be:

(1) Simple in design;

(2) Capable of being:

(i) Worn inside-out,

(ii) worn clearly in only one way, or

(iii) Donned correctly without demonstration, instructions, or

assistance by at least 75 percent of persons unfamiliar with the

design; and

(3) Capable of being quickly adjusted for a secure fit to the body

of wearers for which it is intended.

* * * * *

280. Revise Sec. 160.001-3 to read as follows:

Sec. 160.001-3 Procedure for approval.

(a) General. Designs of life preservers are approved only by the

Commandant, U.S. Coast Guard. Manufacturers seeking approval of a life

preserver design shall follow the procedures of this section and

subpart 159.005 of this chapter.

(b) Each application for approval of a life preserver must contain

the information specified in Sec. 159.005-5 of this chapter. The

application and, except as provided in paragraphs (c) and (d)(2) of

this section, a prototype life preserver must be submitted to the

Commandant for preapproval review. If a similar design has already been

approved, the Commandant may waive the preapproval review under

Secs. 159.005-5 and 159.005-7 of this chapter.

(c) If the life preserver is of a standard design, as described by

subpart 160.002, 160.005, or 160.055, the application:

(1) Must include the following: A statement of any exceptions to

the standard plans and specifications, including drawings, product

description, construction specifications, and/or bill of materials.

(2) Need not include: The information specified in Sec. 159.005-

5(a)(2).

(d) If the life preserver is of a non-standard design, the

application must include the following:

(1) Plans and specifications containing the information required by

Sec. 159.005-12 of this chapter, including drawings, product

description, construction specifications, and bill of materials.

(2) The information specified in Sec. 159.005-5(a)(2)(i) through

(iii) of this chapter, except that, if preapproval review has been

waived, the manufacturer is not required to send a prototype PFD sample

to the Commandant.

(3) Performance testing results of the design performed by an

independent laboratory, that has a Memorandum of Understanding with the

Coast Guard under Sec. 159.010-7 of this subchapter covering the in-

water testing of personal flotation devices, showing equivalence to the

standard design's performance in all material respects.

(4) The Approval Type sought (Type I or Type V).

(5) Any special purpose(s) for which the life preserver is designed

and the

[[Page 51210]]

vessel(s) or vessel type(s) on which its use is intended.

(6) Buoyancy and other relevant tolerances to be complied with

during production.

(7) The text of any optional marking to be included on the life

preserver in addition to the markings required by the applicable

approval subpart.

(8) For any conditionally approved life preserver, the intended

approval condition(s).

(e) The description of quality control procedures required by

Sec. 159.005-9 of this chapter may be omitted if the manufacturer's

planned quality control procedures meet the requirements of those

accepted by the Commandant for the independent laboratory performing

production inspections and tests.

(f) Waiver of tests. A manufacturer may request that the Commandant

waive any test prescribed for approval under the applicable subpart. To

request a waiver, the manufacturer must submit to the Commandant and

the laboratory described in Sec. 159.010, one of the following:

(1) Satisfactory test results on a PFD of sufficiently similar

design as determined by the Commandant.

(2) Engineering analysis demonstrating that the test for which a

waiver is requested is not appropriate for the particular design

submitted for approval or that, because of its design or construction,

it is not possible for the PFD to fail that test.

281. Add Sec. 160.001-5 to read as follows:

Sec. 160.001-5 Production oversight.

(a) General. Production tests and inspections must be conducted in

accordance with this section, subpart 159.007 of this chapter, and if

conducted by an independent laboratory, the independent laboratory's

procedures for production inspections and tests as accepted by the

Commandant. The Commandant may prescribe additional production tests

and inspections necessary to maintain quality control and to monitor

compliance with the requirements of this subchapter.

(b) Oversight. In addition to responsibilities set out in part 159

of this chapter and the accepted laboratory procedures for production

inspections and tests, each manufacturer of a life preserver and each

laboratory inspector shall comply with the following, as applicable:

(1) Manufacturer. Each manufacturer must--

(i) Perform all tests and examinations necessary to show compliance

with this subpart and subpart under which the life preserver is

approved on each lot before any inspector's tests and inspection of the

lot;

(ii) Follow established procedures for maintaining quality control

of the materials used, manufacturing operations, and the finished

product; and

(iii) Allow an inspector to take samples of completed units or of

component materials for tests required by this subpart and for tests

relating to the safety of the design.

(2) Laboratory. An inspector from the accepted laboratory shall

oversee production in accordance with the laboratory's procedures for

production inspections and tests accepted by the Commandant. During

production oversight, the inspector shall not perform or supervise any

production test or inspection unless--

(i) The manufacturer has a valid approval certificate; and

(ii) The inspector has first observed the manufacturer's production

methods and any revisions to those methods.

(3) At least quarterly, the inspector shall check the

manufacturer's compliance with the company's quality control

procedures, examine the manufacturer's required records, and observe

the manufacturer perform each of the required production tests.

(c) Test facilities. The manufacturer shall provide a suitable

place and apparatus for conducting the tests and inspections necessary

to determine compliance of life preservers with this subpart. The

manufacturer shall provide means to secure any test that is not

continuously observed, such as the 48 hour buoyancy test. The

manufacturer must have the calibration of all test equipment checked in

accordance with the test equipment manufacturer's recommendation and

interval but not less than at least once every year.

(d) Lots. A lot may not consist of more than 1000 life preservers.

A lot number must be assigned to each group of life preservers

produced. Lots must be numbered serially. A new lot must be started

whenever any change in materials or a revision to a production method

is made, and whenever any substantial discontinuity in the production

process occurs. The lot number assigned, along with the approval

number, must enable the PFD manufacturer to determine the supplier's

identifying information for the component lot.

(e) Samples. (1) From each lot of life preservers, manufacturers

shall randomly select a number of samples from completed units at least

equal to the applicable number required by table 160.001-5(e) for

buoyancy testing. Additional samples must be selected for any tests,

examinations, and inspections required by the laboratory's production

inspections and tests procedures.

Table 160.001-5(e).--Sampling for Buoyancy Tests

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

Number of

life

Lot size preservers

in sample

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

100 and under.............................................. 1

101 to 200................................................. 2

201 to 300................................................. 3

301 to 500................................................. 4

501 to 750................................................. 6

751 to 1000................................................ 8

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

(2) For a lot next succeeding one from which any sample life

preserver failed the buoyancy test, the sample shall consist of not

less than ten specimen life preservers to be tested for buoyancy in

accordance with paragraph (f) of this section.

(f) Buoyancy test. The buoyancy of the life preservers must be

determined by measuring the upward force exerted by the individual

submerged unit. The buoyancy measurement must be made at the end of the

24 or 48 hours of submersion, as specified in the applicable approval

subpart, during which period the pad inserts must not be disturbed.

(g) Buoyancy required. The buoyancy must meet the requirements of

the applicable approval subpart.

(h) Lot inspection. On each lot, the laboratory inspector shall

perform a final lot inspection to be satisfied that the life preservers

meet this subpart. Each lot must demonstrate--

(1) First quality workmanship;

(2) That the general arrangement and attachment of all components,

such as body straps, closures, tie tapes, and drawstrings, are as

specified in the approved plans and specifications;

(3) Compliance with the marking requirements in the applicable

approval subpart; and

(4) The information pamphlet specified in 33 CFR part 181 subpart

G, if required, is securely attached to the device, with the PFD

selection information visible and accessible prior to purchase.

(i) Lot acceptance. When the independent laboratory has determined

that the life preservers in the lot are of a type officially approved

in the name of the company, and that such life preservers meet the

requirements of this subpart, they shall be plainly marked in

waterproof ink with the independent laboratory's name or identifying

mark.

[[Page 51211]]

(j) Lot rejection. Each nonconforming unit must be rejected. If

three or more nonconforming units are rejected for the same kind of

defect, lot inspection must be discontinued and the lot rejected. The

inspector must discontinue lot inspection and reject the lot if

examination of individual units or the records for the lot shows

noncompliance with either this subchapter or the laboratory's or the

manufacturer's quality control procedures. A rejected unit or lot may

be resubmitted for testing and inspection if the manufacturer first

removes and destroys each defective unit or, if authorized by the

laboratory, reworks the unit or lot to correct the defect. A rejected

lot or rejected unit may not be sold or offered for sale under the

representation that it meets this subpart or that it is Coast Guard-

approved.

282. Revise Sec. 160.002-5 to read as follows:

Sec. 160.002-5 Sampling, tests, and inspections.

(a) Production tests and inspections must be conducted by the

manufacturer of a life preserver and the accepted laboratory inspector

in accordance with this section and Sec. 160.001-5.

(b) Buoyancy test. The buoyancy of the pad inserts from the life

preserver shall be determined according to Sec. 160.001-5(f) of this

part with each compartment of the buoyant pad insert covers slit so as

not to entrap air. The period of submersion must be at least 48 hours.

(c) Buoyancy required. The buoyant pad inserts from Model 3 adult

life preservers shall provide not less than 25 pounds buoyancy in fresh

water, and the pads from Model 5 child life preservers shall provide

not less than 16.5 pounds buoyancy.

283. Revise Sec. 160.002-7 to read as follows:

Sec. 160.002-7 Procedure for approval.

General. Manufacturers seeking approval of a life preserver design

shall follow the procedures of subpart 159.005 of this chapter, as

explained in Sec. 160.001-3 of this part.

284. Revise Sec. 160.005-5 to read as follows:

Sec. 160.005-5 Sampling, tests, and inspections.

(a) Production tests and inspections must be conducted by the

manufacturer of a life preserver and the accepted laboratory inspector

in accordance with this section and Sec. 160.001-5.

(b) Buoyancy test. The buoyancy of the pad inserts from the life

preserver shall be determined according to Sec. 160.001-5(f) of this

part with each compartment of the buoyant pad insert covers slit so as

not to entrap air. The period of submersion must be at least 48 hours.

(c) Buoyancy required. The buoyant pad inserts from Model 3 adult

life preservers shall provide not less than 25 pounds buoyancy in fresh

water, and the pads from Model 5 child life preservers shall provide

not less than 16.5 pounds buoyancy.

285. Revise Sec. 160.005-7 to read as follows:

Sec. 160.005-7 Procedure for approval.

General. Manufacturers seeking approval of a life preserver design

shall follow the procedures of subpart 159.005 of this chapter, as

explained in Sec. 160.001-3 of this part.

286. In subpart 160.006, revise the heading to read ``Subpart

160.006--Life Preservers: Repairing.''

Sec. 160.006-1 [Removed]

287. Remove Sec. 160.006-1.

Sec. 160.006-4 [Removed]

288. Remove Sec. 160.006-4.

Sec. 160.006-5 [Removed]

289. Remove Sec. 160.006-5.

Sec. 160.013-4 [Removed]

290. Remove Sec. 160.013-4.

Sec. 160.013-6 [Removed]

291. Remove Sec. 160.013-6.

Sec. 160.016-3 [Removed]

292. Remove Sec. 160.016-3.

Sec. 160.024-6 [Removed]

293. Remove Sec. 160.024-6 and figure 160.024-6(a).

Sec. 160.026-6 [Amended]

294. In Sec. 160.026-6, remove table 160.026-6(f), remove

paragraphs (f) and (g), and revise paragraph (a), the text of

paragraphs (c) and (d), and paragraph (e) to read as follows:

Sec. 160.026-6 Sampling, inspection, and tests of production lots.

(a) General. Containers of emergency drinking water must be tested

in accordance with the provisions of this section by an independent

laboratory accepted by the Coast Guard under 46 CFR 159.010.

* * * * *

(c) Visual inspection of containers. The independent laboratory

inspector shall select at random from each lot the number of sample

filled containers indicated in table 160.026-6(c), which shall be

examined visually for compliance with the requirements of this subpart.

If the number of defective cans exceeds the acceptance number shown in

the table for the samples selected, the lot shall be rejected.

* * * * *

(d) Laboratory tests of containers and water. The manufacturer

shall select at random from each lot the number of sets of 11 filled

sample containers indicated in Table 160.026-6(d1), which shall be

forwarded to an independent laboratory accepted by the Coast Guard

under 46 CFR 159.010. The independent laboratory shall perform the

tests outlined in Table 160.026-6(d2). If any sample is found to be

non-conforming in any of these tests, the lot shall be rejected.

* * * * *

(e) Lot acceptance. When the independent laboratory is satisfied

that the emergency drinking water meets the requirements of this

subpart, the lot shall be accepted. When permitted by the independent

laboratory, rejected lots may be resubmitted for official inspection,

provided all containers in the lot have been reworked by the packer,

and all defective units removed. Emergency drinking water from rejected

lots may not, unless subsequently accepted, be sold or offered for sale

under representation as being in compliance with this subpart or as

being approved for use on merchant vessels.

295. Revise Sec. 160.026-7 to read as follows:

Sec. 160.026-7 Procedure for approval.

(a) General. Emergency drinking water for lifeboats and liferafts

on merchant vessels is approved only by the Commandant, U.S. Coast

Guard.

(b) Pre-approval samples and plans. Packers who desire to pack

approved emergency drinking water shall have the required tests in

accordance with Sec. 160.026-5 performed by an independent laboratory

accepted by the Coast Guard under 46 CFR 159.010. A copy of the

independent laboratory's report will be forwarded to the Commandant for

examination, and, if satisfactory, an official approval number will be

assigned to the manufacturer for the emergency drinking water.

Sec. 160.035-2 [Amended]

296. In Sec. 160.035-2, remove paragraph (e).

297. Revise Sec. 160.035-3 to read as follows:

Sec. 160.035-3 Construction of steel oar-propelled lifeboats.

(a) Type. Lifeboats shall have rigid sides and be fitted with

internal buoyancy so arranged that the boats will float in the flooded

condition when

[[Page 51212]]

fully loaded with persons and equipment. The capacity of an oar-

propelled lifeboat is limited to a maximum of 59 persons. Lifeboats

designed to carry 60, but not more than 100, persons shall be either

hand-propelled or motor-propelled. Lifeboats designed to carry more

than 100 persons shall be motor-propelled, except that a lifeboat

designed to carry more than 100 persons may be hand-propelled if it is

a replacement for a previously approved hand-propelled lifeboat.

(b) Materials. (1) Plating for shell, floors, air tanks, etc.,

shall be made by the open-hearth or electric furnace process in

accordance with ASTM Standards A-525 Class 1.25 Commercial. The bend

tests required by these specifications shall be made after the

galvanizing or other anticorrosive treatment has been applied.

(2) Rivets and rolled or extruded shapes such as keel, stem,

sternpost, gunwales, etc., shall be made by the open-hearth or electric

furnace process in accordance with ASTM Standard Specification A-36.

Consideration will be given to the use of other steels having

equivalent strength where longitudinal cold forming is necessary.

(c) Riveting. (1) Riveting of the shell plating to the keel, stem,

and sternpost shall be button head rivets, staggered with not less than

12 rivets to the foot. The distance from the edge of the plate to the

centers of the rivets in the nearest row shall be not less than \1/2\

inch nor more than \3/4\ inch. Rivets connecting the shell to the

gunwale shall be spaced not more than 3 inches on centers. The size of

the rivets for connecting the shell plating to the keel, stem,

sternpost, and gunwale shall be \1/4\-inch diameter for boats 28 feet

and under and \5/16\-inch diameter for boats over 28 feet.

(2) The connection of the floors to the shell shall be a single row

of rivets not less than \3/16\ inch in diameter and spaced not more

than 3 inches on centers.

(d) Welding. Welding may be substituted for riveting in any

location. It shall be performed by welders qualified by the U.S. Coast

Guard, American Bureau of Shipping, or U.S. Navy Department, and only

approved electrodes shall be used. Details of the joints shall be

indicated on the construction drawings submitted for approval.

(e) Gunwale braces. (1) The gunwale braces shall be bolted to the

thwarts with at least two carriage bolts of a size not less than that

noted in table 160.035-3(e)(1) and riveted or welded to the gunwales.

Where riveted to the gunwale, at least two rivets of a size not less

than that noted in table 160.035-3(e)(1) shall be used.

Table 160.035-3(e)(1)

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

Brace size Bolts and rivets

Length of lifeboat (inches) diameter (inch)

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

22 feet and under............... 3 x \1/4\ \5/16\

Over 22 feet and not over 28.... 3 x \5/16\ \3/8\

Over 28 feet.................... 3 x \3/8\ \7/16\

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

(2) Bracket type gunwale braces will be given special

consideration.

(f) Seats. (1) The thwarts, side benches, and end benches shall be

of fir, yellow pine, fibrous glass reinforced plastic (FRP), or

approved equivalent.

(2) The edges of all thwarts, side, and end benches shall be well

rounded.

(3) Suitable foot rests shall be furnished at a distance of between

17 and 20 inches below the thwarts and side benches. This may be

accomplished by raising the footings from the bottom of the boat.

(4) The leading edge of the thwart or end bench shall be located a

minimum of 3 inches and a maximum of 6 inches distance from the Rottmer

release gear.

(g) Stretchers. Stretchers of sufficient size and strength shall be

fitted in suitable positions for rowing.

(h) Disengaging apparatus. (1) Connections for the disengaging

apparatus shall have a minimum factor of safety of six.

(2) For construction and capacity of disengaging apparatus, see

subpart 160.033.

(i) Plugs. Each lifeboat shall be fitted with an automatic plug so

designed and installed as to insure complete drainage at all times when

the boat is out of the water. The automatic plug shall be provided with

a cap attached to the lifeboat by a suitable chain. The location of

drain plug is to be marked on the vertical surface in the vicinity of

the plug below the side bench with the word ``plug'' in 3-inch white

letters and with an arrow pointing in the direction of the drain plug.

(j) Protection against corrosion. (1) All steel or iron entering

into the construction of lifeboats shall be galvanized by the hot

dipped process. All fabricated pieces or sections are to be galvanized

after fabrication. Other methods of corrosion prevention will be given

special consideration.

(2) Where welded construction is employed, the material shall be

galvanized after welding unless impractical to do so in which case

consideration will be given to equivalent protection.

(3) Provisions shall be made to obtain a satisfactory bond between

the metal and the paint.

(k) Rudders. (1) Each lifeboat shall be fitted with a rudder and

tiller. The rudder shall be fitted with a \1/2\-inch diameter manila

lanyard of such length as to permit the rudder to be shipped without

untying the lanyard.

(2) A suitable hinged or pivoted tiller shall be provided.

(3) Rudder stops shall be provided to limit the rudder angle to

approximately 45 degrees each side of the centerline.

(l) Buoyancy tanks. (1) All lifeboats shall have inherent buoyancy,

or shall be fitted with buoyancy tanks or other equivalent

noncorrodible buoyancy units, which shall not be adversely affected by

oil or oil products, sufficient to float the boat and its equipment

when the boat is flooded and open to the sea. An additional volume of

buoyancy, or buoyancy units, equal to at least one-tenth the cubic

capacity of the lifeboat shall be provided.

(2) At least 50 percent of the buoyancy shall be located along the

sides of the boat and shall be so located that the boat will be on even

keel when flooded.

(3) The tops of the buoyancy tanks or buoyancy units shall be

protected by the side benches or other suitable means. The construction

shall be such that water will not collect on the tops of the tanks.

(4) Built-in buoyancy tanks. Each built-in buoyancy tank shall be

filled with buoyancy material. The am

This text is long and has been trimmed here. Open the source document for the complete record.