[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 51188-51221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25572]
[[Page 51187]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
33 CFR Parts 155 and 159
46 CFR Part 2, et al.
Harmonization With International Safety Standards; Final Rule
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 /
Rules and Regulations
[[Page 51188]]
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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.
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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 amount of material required shall be
determined by the flooding test in accordance with Sec. 160.035-
11(b)(2). The buoyancy materials used shall meet the requirements set
forth for core materials as follows:
Core............................ Polystyrene....... MIL-P-40619.
MIL-P-19644.
Polyurethane...... MIL-P-21929.
(m) Equipment stowage. (1) Provision lockers, water tanks, and
special equipment lockers shall be watertight and so designed and
located as to fit under the side benches, end benches, or footings
without projecting into the accommodation spaces of the lifeboat. In
special cases, stowage under the thwarts will be permitted. Standard
\1/4\ inch pipe size testing nipples shall be fitted to all such
lockers or tanks.
(2) Water tanks shall be constructed of at least 18 USSG material.
An opening with a dogged type cover shall be provided for removal of
water cans. This opening shall be at least 7 inches in
[[Page 51213]]
diameter, but in any case shall be of sufficient size that all water
cans can be removed. In addition, built-in water tanks shall have an
opening at least 13 inches in diameter with a bolted cover for the
purpose of inspection and maintenance. A 2-inch diameter fill cap shall
be installed for the purpose of storing rain water. A standard \1/4\-
inch pipe size drainage nipple with hexagonal cap shall be fitted in
the bottom of the tank in an accessible location and may be used for
air testing the water tank.
(n) Grab rails. Grab rails shall be substantially attached to each
lifeboat below the turn of the bilge and extend approximately one-half
of the length of the lifeboat on each side. The ends of the grab rails
shall be faired to prevent fouling and all connections of the rails to
the lifeboat shall be made by riveting the palms of the brackets to a
small plate and riveting the plate to the shell. To prevent rupture of
the shell if the grab rail is carried away, more rivets shall be used
in attaching the plate to the shell than in fastening the bracket to
the plate. The clearance between the grab rail pipe and the hull shall
be at least 1\1/2\ inches. The connections of the rails to a fibrous
glass reinforced plastic lifeboat hull will be given special
consideration.
(o) Hand rails. All lifeboats intended for use in ocean and
coastwise service shall be fitted with hand rails approximately 18
inches in length, constructed and attached to the lifeboat in the same
manner as the grab rails required by paragraph (n) of this section. The
clearance between the hand rail pipe and the hull shall be at least
1\1/2\ inches. The hand rails shall be located approximately parallel
to and at both ends of the grab rails and spaced midway between the
grab rail and the gunwale and midway between the grab rail and the keel
on both sides of the lifeboat provided that, when the distance from
grab rail to gunwale or to the keel exceeds 4 feet, two hand rails
shall be fitted so as to provide equal spacing. In no case shall the
hand rails project beyond the widest part of the boat. Recessed hand
rails or other alternate arrangements will be given consideration.
Sec. 160.035-4 [Removed]
298. Remove Sec. 160.035-4.
Sec. 160.035-6 [Amended]
299. In Sec. 160.035-6, remove the text of paragraphs (b), (d),
(f), (g), and (h) and redesignate paragraphs (c), (e), and (i) as
paragraphs (b), (c), and (d), respectively.
Table 160.035-6(d)(1) [Removed]
300. Remove table 160.035-6(d)(1).
Sec. 160.035-7 [Removed]
301. Remove Sec. 160.035-7.
Sec. 160.035-9 [Amended]
302. In Sec. 160.035-9, remove paragraph (c) and redesignate
paragraph (d) as paragraph (c).
Sec. 160.041-5 [Amended]
303. In Sec. 160.041-5, remove paragraph (a) and redesignate
paragraphs (b) through (f) as paragraphs (a) through (e), respectively.
Sec. 160.041-7 [Removed]
304. Remove Sec. 160.041-7.
Sec. 160.043-7 [Removed]
305. Remove Sec. 160.043-7.
Sec. 160.044-4 [Amended]
306. In Sec. 160.044-4, remove paragraph (a) and redesignate
paragraphs (b) through (d) as paragraphs (a) through (c), respectively.
In the newly designated paragraph (a), replace the word ``pump'' with
the words ``bilge pump'' wherever it appears.
Sec. 160.044-6 [Removed]
307. Remove Sec. 160.044-6.
Sec. 160.048 [Amended]
308. In Sec. 160.048-6, remove paragraph (c) and in paragraph
(a)(1) revise the entry following ``If pads become waterlogged, replace
device.'' to read as follows:
Sec. 160.048-6 Marking.
(a) * * *
(1) * * *
Approved for use on recreational boats only as a throwable
device.
* * * * *
Sec. 160.049.6 [Amended]
309. In Sec. 160.049-6, remove paragraph (c) and in paragraph
(a)(1) revise the entry following ``Dry out thoroughly when wet.'' to
read as follows:
Sec. 160.049-6 Marking.
(a) * * *
(1) * * *
Approved for use on recreational boats only as a throwable
device.
* * * * *
Sec. 160.050-5 [Amended]
310. Amend Sec. 160.050-5 as follows:
a. Remove footnote 1;
b. Revise paragraphs (a) through (f);
c. Add paragraphs (g) through (i);
d. Redesignate table 160.050-5(b) as table 160.050-5(e); and
e. Revise the new table 160.050-5(e) to read as follows:
Sec. 160.050-5 Sampling, tests, and inspection.
(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 ring life buoy 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 the subpart under which the ring life buoy 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.
(iv) Meet 33 CFR 181.701 through 33 CFR 181.705 which requires an
instruction pamphlet for each device that is sold or offered for sale
for use on recreational boats, and must make the pamphlet accessible
prior to purchase.
(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
[[Page 51214]]
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 ring life buoys 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 buoys. A lot
number must be assigned to each group of life buoys 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 ring
life buoy manufacturer to determine the supplier's identifying
information for the component lot.
(e) Samples. (1) From each lot of ring life buoys, manufacturers
shall randomly select a number of samples from completed units at least
equal to the applicable number required by table 160.050-5(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 160.050-5(e).--Sampling for Buoyancy Tests
------------------------------------------------------------------------
Number
of life
Lot size buoys 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 ring life
buoy failed the buoyancy or strength test, the sample shall consist of
not less than ten specimen ring life buoys to be tested for buoyancy in
accordance with paragraph (f) of this section.
(f) Tests--(1) Strength test. The buoy body shall be suspended by a
2-inch-wide strap. A similar strap shall be passed around the opposite
side of the buoy and a 200-pound weight suspended by it from the buoy.
After 30 minutes, the buoy body shall be examined, and there shall be
no breaks, cracks or permanent deformation.
(2) Resistance to damage test. The buoy body shall be dropped three
times from a height of 6 feet onto concrete, and there shall be no
breaks or cracks in the body.
(3) Buoyancy test. To obtain the buoyancy of the buoy, proceed as
follows:
(i) Weigh iron or other weight under water. The weight shall be
more than sufficient to submerge the buoy.
(ii) Attach the iron or other weight to the buoy and submerge with
the top of the buoy at least 2 inches below the surface for 48 hours.
(iii) After the 48-hour submergence period, weigh the buoy with the
weight attached while both are still under water.
(iv) The buoyancy is computed as paragraph (f)(3)(i) minus
paragraph (f)(3)(iii) of this section.
(4) Buoyancy required. The buoys shall provide a buoyancy of not
less than 16.5 pounds for the 20-and 24-inch sizes, and not less than
32 pounds for the 30-inch size.
(g) Lot inspection. On each lot, the laboratory inspector shall
perform a final lot inspection to be satisfied that the ring life buoys
meet this subpart. Each lot must demonstrate--
(1) First quality workmanship;
(2) That the general arrangement and attachment of all components
are as specified in the approved plans and specifications; and
(3) Compliance with the marking requirements in the applicable
approval subpart.
(h) Lot acceptance. When the independent laboratory has determined
that the ring life buoys in the lot are of a type officially approved
in the name of the company, and that such ring life buoys meet the
requirements of this subpart, they shall be plainly marked in
waterproof ink with the independent laboratory's name or identifying
mark.
(i) 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.
Sec. 160.050-6 [Amended]
311. In Sec. 160.050-6(a), remove the sentence ``Approved for use
on recreational boats less than 16 feet in length and all canoes and
kayaks, and only as a throwable device on all other vessels.'' and
replace it with the sentence ``Approved for use on recreational boats
only as a throwable device.'', and remove paragraph (c).
312. Revise Sec. 160.050-7 to read as follows:
Sec. 160.050-7 Procedure for approval.
(a) General. Designs of ring life buoys are approved only by the
Commandant, U.S. Coast Guard. Manufacturers seeking approval of a ring
life buoy design shall follow the procedures of this section and
subpart 159.005 of this chapter.
(b) Each application for approval of a ring life buoy 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 ring life buoy 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 ring life buoy is of a standard design, 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 ring life buoy 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 ring life
buoy sample to the Commandant.
(3) Performance testing results of the design performed by an
independent
[[Page 51215]]
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) Buoyancy and other relevant tolerances to be complied with
during production.
(5) The text of any optional marking to be included on the ring
life buoy in addition to the markings required by the applicable
approval subpart.
(6) For any conditionally approved ring life buoy, 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 ring life buoy 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 ring life buoy to fail that test.
Sec. 160.053-1 [Amended]
313. In Sec. 160.053-1, remove paragraph (c).
314. Revise Sec. 160.053-6 to read as follows:
Sec. 160.053-6 Procedure for approval.
(a) General. Work vests for use on merchant vessels are approved
only by the Commandant, U.S. Coast Guard. Manufacturers seeking
approval of a work vest shall follow the procedures of this section and
subpart 159.005 of this chapter.
(b) If the work vest is of a standard design, as described by
Sec. 160.053-3, in order to be approved, the work vest must be tested
in accordance with Sec. 160.053-4 by an independent laboratory accepted
by the Coast Guard under 46 CFR 159.010.
(c) If the work vest 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 work vest
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) Any special purpose(s) for which the work vest is designed and
the vessel(s) or vessel type(s) on which its use is intended.
(5) Buoyancy and other relevant tolerances to be complied with
during production.
(6) The text of any optional marking to be included on the work
vest in addition to the markings required by Sec. 160.053.
Sec. 160.054-5 [Amended]
315. In Sec. 160.054-5, remove paragraph (a) and redesignate
paragraphs (b) and (c) as paragraphs (a) and (b), respectively.
Sec. 160.054-7 [Amended]
316. In Sec. 160.054-7, remove paragraph (a) and redesignate
paragraphs (b) and (c) as paragraphs (a) and (b), respectively.
Sec. 160.055-7 [Amended]
317. Revise Sec. 160.055-7 to read as follows:
Sec. 160.055-7 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.
318. Revise Sec. 160.055-9(a) to read as follows:
Sec. 160.055-9 Procedure for approval--standard and nonstandard life
preservers.
(a) 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.
* * * * *
Sec. 160.056-5 [Removed]
319. Remove Sec. 160.056-5.
Sec. 160.058-6 [Removed]
320. Remove Sec. 160.058-6.
Sec. 160.061-6 [Removed]
321. Remove Sec. 160.061-6.
Sec. 160.061-7 [Removed]
322. Remove Sec. 160.061-7.
323. Revise Sec. 160.062-6 to read as follows:
Sec. 160.062-6 Procedure for approval.
General. Hydraulic releases for use on lifesaving equipment for
merchant vessels are approved only by the Commandant, U.S. Coast Guard.
In order to be approved, the hydraulic releases must be tested in
accordance with Sec. 160.062-4(c) by an independent laboratory accepted
by the Coast Guard under 46 CFR 159.010. The independent laboratory
will forward the report to the Commandant for examination, and if
satisfactory an official approval number will be assigned to the
manufacturer for the model hydraulic release submitted.
Sec. 160.064-4 [Amended]
324. In Sec. 160.064-4(a)(1), remove the sentence ``Approved for
use on all recreational boats and on uninspected commercial vessels
less than 40 feet in length not carrying passengers for hire by persons
weighing (more than 90 lb., 50 to 90 lb., 30 to 50 lb., or less than 30
lb.).'' and add, in its place, the sentence ``Approved for use on
recreational boats only as a throwable device.'', and remove paragraph
(c).
PART 164--MATERIALS
325. The authority citation for part 164 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
326. Revise subpart 164.013 to read as follows:
[[Page 51216]]
Subpart 164.013--Foam, Unicellular Polyethylene (Buoyant, Slab,
Slitted Trigonal Pattern)
Sec.
164.013-1 Scope.
164.013-2 Incorporation by reference.
164.013-3 Material properties and workmanship
164.013-4 Samples submitted for acceptance.
164.013-5 Acceptance tests.
164.013-6 Production tests, inspections, and marking.
164.013-7 Marking.
Sec. 164.013-1 Scope.
(a) This subpart contains performance requirements, acceptance
tests, and production testing and inspection requirements for
polyethylene foam used in the construction of personal flotation
devices (PFDs) approved under part 160 of this subchapter.
Manufacturers shall also comply with the requirements of subpart
164.019 of this chapter.
(b) All polyethylene foams accepted under this subpart are non-
standard components. Acceptance of polyethylene foam prior to being
incorporated into finished PFDs, or during the course of manufacture,
shall in no case be construed as a guarantee of the acceptance of the
finished PFD.
Sec. 164.013-2 Incorporation by reference.
(a) Certain materials are incorporated by reference into this
subpart with the approval of the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than the one listed in paragraph (b) of this section,
notice of change must be published in the Federal Register and the
material made available to the public. All approved material
incorporated by reference may be inspected 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), Washington, DC 20593-0001, and is available from the source
indicated in paragraph (b) of this section.
(b) The materials approved for incorporation by reference in this
subpart, and the sections affected are as follows:
Underwriters Laboratories (UL)
Underwriters Laboratories, Inc., P.O. Box 13995, Research Triangle
Park, NC 27709-3995 (Phone (919) 549-1400; Facsimile: (919) 549-
1842).
UL 1191, Standards for Components for Personal Flotation Devices,
May 16, 1995--164.013-3; 160.013-5.
(c) Copies on file. Copies of the specifications and letter of
acceptance shall be kept on file by the manufacturer.
Sec. 164.013-3 Material properties and workmanship.
(a) General. The unicellular polyethylene foam shall be all new
material complying with the requirements outlined in this
specification. Unicellular polyethylene foam must comply with the
requirements of UL 1191, sections 24, 25, and 26 and its assigned Use
Code. Thickness tolerances of the foam must permit the manufacture of
PFDs complying with their required buoyancy tolerances.
(b) Use Codes 4BC, 4H. Each foam which has a C-factor of at least
94 according to UL 1191 may be assigned Use Codes 4BC and 4H.
(c) Use Codes 2, 3, 5R. Each foam which has a V-factor of at least
85 according to UL 1191 may be assigned Use Codes 2, 3, 5R
(recreational use applications).
Sec. 164.013-4 Samples submitted for acceptance.
Application samples. A product sample submitted for acceptance as
required by Sec. 164.019-7(c)(4) must consist of at least one square
foot by the thickness of foam produced.
Sec. 164.013-5 Acceptance tests.
Manufacturers shall ensure that the performance and identification
tests described in UL 1191, as appropriate, are performed on a minimum
of five samples in each of the lightest and darkest colors submitted
for acceptance by a recognized laboratory accepted under Sec. 164.019.
Sec. 164.013-6 Production tests, inspections, and marking.
Manufacturers shall provide in-plant quality control of
polyethylene foam in accordance with the requirements of Sec. 164.019-
13 and any requirements of the recognized laboratory. The manufacturer
of the foam has primary responsibility for quality control over the
production of the foam.
Sec. 164.013-7 Marking.
(a) General. The manufacturer must ensure that each shipping label,
and each unit of put-up, is permanently and clearly marked in a color
which contrasts with the color of the surface on which the marking is
applied. Each label must be marked with --
(1) The manufacturer's or supplier's name, trade name, or symbol;
(2) The unique style, part, or model number of the material;
(3) The thickness of the material;
(4) The lot number of the material; and
(5) The product Use Code or Codes.
(b) Each unit of put-up must be marked with the appropriate
recognized laboratory's certification marking(s).
PART 166--DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS
327. The authority citation for part 166 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 8105; 46 U.S.C. App. 1295g; 49
CFR 1.46.
328. Revise Sec. 166.01(a) to read as follows:
Sec. 166.01 Approval of nautical school ships.
(a) Under 46 U.S.C. 7315, graduation from a nautical school vessel
may be substituted for the service requirements for able seaman and
qualified member of the engine department endorsements or merchant
mariner's documents.
* * * * *
PART 167--PUBLIC NAUTICAL SCHOOL SHIPS
329. The authority citation for part 167 continues to read as
follows:
Authority: 46 U.S.C. 3306, 6101, 8105; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
330. Revise Sec. 167.01-1 to read as follows:
Sec. 167.01-1 Basis and purpose of part.
The rules and regulations in this part are prescribed and apply to
public nautical school ships, except vessels of the Navy or Coast
Guard. It is the intent of the regulations in this part to provide
minimum standards for vessels used as nautical school ships in
accordance with the various inspection statutes and to obtain their
correct and uniform application. This part is not applicable to
civilian nautical school ships.
331. Revise Sec. 167.05-15 to read as follows:
Sec. 167.05-15 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 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.
332. Revise Sec. 167.05-20 to read as follows:
[[Page 51217]]
Sec. 167.05-20 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 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.
333. Revise Sec. 167.05-30 to read as follows:
Sec. 167.05-30 Officer in Charge, Marine Inspection.
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 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.
334. Revise Sec. 167.10-1 to read as follows:
Sec. 167.10-1 Enforcement.
The Officer in Charge, Marine Inspection, is responsible for the
performance of duties within the officer's jurisdiction with respect to
inspection of nautical school ships.
Sec. 167.25-20 [Removed]
335. Remove Sec. 167.25-20.
336. Revise Sec. 167.45-60(a) to read as follows:
Sec. 167.45-60 Emergency breathing apparatus and flame safety lamps.
* * * * *
(a) Two pressure-demand, open circuit, self-contained breathing
apparatus, approved by the Mine Safety and Health Administration (MSHA)
and by the National Institute for Occupational Safety and Health
(NIOSH) and having at a minimum a 30-minute air supply, a full face
piece, and a spare charge for each. A self-contained compressed-air
breathing apparatus previously approved under part 160, subpart
160.011, of this chapter may continue in use as required equipment if
it was part of the vessel's equipment on November 23, 1992, and as long
as it is maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection.
* * * * *
Sec. 167.45-75 [ Amended]
337. In Sec. 167.45-75, remove the last two sentences.
Sec. 167.65-45 [Amended]
338. In Sec. 167.65-45(c), remove the words ``3d,'' and ``12th,''.
PART 168--CIVILIAN NAUTICAL SCHOOL VESSELS
339. The authority citation for part 168 continues to read as
follows:
Authority: 46 U.S.C. 3305, 3306; 49 CFR 1.46.
Sec. 168.01-5 [Removed]
340. Remove Sec. 168.01-5.
Sec. 168.01-10 [Removed]
341. Remove Sec. 168.01-10.
PART 170--STABILITY REQUIREMENTS FOR ALL INSPECTED VESSELS
342. The authority citation for part 170 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703, 5115;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
343. In Sec. 170.075, revise the introductory text of paragraph (a)
to read as follows:
Sec. 170.075 Plans.
(a) Except as provided in paragraph (b) of this section, each
applicant for an original certificate of inspection and approval of
plans must also submit three copies for plan review being conducted by
the Coast Guard Marine Safety Center or four copies for plan review
being conducted by the American Bureau of Shipping (ABS) of each of the
following plans:
* * * * *
344. Revise Sec. 170.080 to read as follows:
Sec. 170.080 Stability booklet.
Before issuing an original certificate of inspection, the following
number of copies of the stability booklet required by Sec. 170.110 must
be submitted for approval; three copies for plan review being conducted
by the Coast Guard Marine Safety Center or four copies for plan review
being conducted by the ABS.
345. Revise Sec. 170.085 to read as follows:
Sec. 170.085 Information required before a stability test.
If a stability test is to be performed, a stability test procedure
that contains the information prescribed in Sec. 170.185(g) must be
submitted to the Coast Guard Marine Safety Center or the ABS at least
two weeks before the test.
346. Revise Sec. 170.093 to read as follows:
Sec. 170.093 Specific approvals.
Certain rules in this subchapter require specific approval of
equipment or arrangements by the Commandant, OCMI, or Coast Guard
Marine Safety Center. These approval determinations will be made as a
part of the plan review process. When plan review is conducted by the
ABS, ABS is authorized to make the approval.
Sec. 170.098 [Removed]
347. Remove Sec. 170.098.
348. Revise Sec. 170.100 to read as follows:
Sec. 170.100 Addresses for submittal of plans and calculations.
The plans, information, and calculations required by this subpart
must be submitted to one of the following:
(a) The Marine Safety Office in the zone where the vessel is to be
built or altered.
(b) Commanding Officer, U.S. Coast Guard Marine Safety Center, 400
Seventh St., SW., Washington, DC 20590-0001.
(c) The American Bureau of Shipping (ABS), Two World Trade Center,
106th Floor, New York, NY 10048.
(d) The American Bureau of Shipping (ABS), ABS Plaza, 16855 North
Chase Dr., Houston, TX 77060-6008.
349. Revise Sec. 170.110(b) to read as follows:
Sec. 170.110 Stability booklet.
* * * * *
(b) Each stability booklet must be approved by the Coast Guard
Marine Safety Center or the ABS.
* * * * *
350. Revise Sec. 170.120(a) to read as follows:
Sec. 170.120 Stability letter.
(a) Except as provided in paragraph (b) of this section, each
vessel must have a stability letter issued by the Coast Guard or the
ABS before the vessel is placed into service. This letter sets forth
conditions of operation.
* * * * *
351. In Sec. 170.170, revise paragraphs (b) and (d) to read as
follows:
Sec. 170.170 Calculations required.
* * * * *
(b) If approved by the Coast Guard Marine Safety Center or the ABS,
a larger value of T may be used for a
[[Page 51218]]
vessel with a discontinuous weather deck or abnormal sheer.
* * * * *
(d) The criterion specified in this section is generally limited in
application to flush deck, mechanically powered vessels of ordinary
proportions and form that carry cargo below the main deck. On other
types of vessels, the Coast Guard Marine Safety Center or the ABS
requires calculations in addition to those in paragraph (a) of this
section. On a mechanically powered vessel under 328 feet (100 meters)
in length, other than a tugboat or a towboat, the requirements in
Sec. 170.173 are applied.
352. In Sec. 170.173, revise the introductory text to paragraph (a)
to read as follows:
Sec. 170.173 Criterion for vessels of unusual proportion and form.
(a) If required by the Coast Guard Marine Safety Center or the ABS,
each mechanically powered vessel less than 328 feet (100 meters) LLL,
other than a tugboat or towboat, must be shown by design calculations
to comply with--
* * * * *
353. In Sec. 170.175, revise paragraphs (b) through (d) to read as
follows:
Sec. 170.175 Stability test: General.
* * * * *
(b) An authorized Coast Guard or ABS representative must be present
at each stability test conducted under this section.
(c) The stability test may be dispensed with, or a deadweight
survey may be substituted for the stability test, if the Coast Guard or
the A7BS has a record of, or is provided with, the approved results of
a stability test of a sister vessel.
(d) The stability test of a vessel may be dispensed with if the
Coast Guard or the ABS determines that an accurate estimate of the
vessel's lightweight characteristics can be made and that locating the
precise position of the vessel's vertical center of gravity is not
necessary to ensure that the vessel has adequate stability in all
probable loading conditions.
354. In Sec. 170.180, revise the introductory paragraph to read as
follows:
Sec. 170.180 Plans and information required at the stability test.
The owner of a vessel must provide the following Coast Guard or ABS
approved plans and information to the authorized Coast Guard or ABS
representative at the time of the stability test:
* * * * *
355. Revise Sec. 170.185(b) to read as follows:
Sec. 170.185 Stability test preparations.
* * * * *
(b) Each tank vessel must be empty and dry, except that a tank may
be partially filled or full if the Coast Guard Marine Safety Center or
the ABS determines that empty and dry tanks are impracticable and that
the effect of filling or partial filling on the location of the center
of gravity and on the displacement can be accurately determined.
* * * * *
356. Revise Sec. 170.190 to read as follows:
Sec. 170.190 Stability test procedure modifications.
The authorized Coast Guard or ABS representative present at a
stability test may allow a deviation from the requirements of
Secs. 170.180 and 170.185 if the representative determines that the
deviation would not decrease the accuracy of the test results.
Sec. 170.210 [Removed]
357. Remove Sec. 170.210.
358. Revise Sec. 170.235(b) to read as follows:
Sec. 170.235 Fixed ballast.
* * * * *
(b) Fixed ballast may not be removed from a vessel or relocated
unless approved by the Coast Guard Marine Safety Center or the ABS.
However, ballast may be temporarily moved for vessel examination or
repair if done under the supervision of the OCMI.
PART 172--SPECIAL RULES PERTAINING TO BULK CARGOES
359. The authority citation for part 172 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
360. Add Secs. 172.010 through 172.040 to subpart B to read as
follows:
Subpart B--Bulk Grain
Sec.
172.010 Applicability.
172.015 Document of authorization.
172.020 Incorporation by reference.
172.030 Exemptions for certain vessels.
172.040 Certificate of loading.
Subpart B--Bulk Grain
Sec. 172.010 Applicability.
This subpart applies to each vessel that loads grain in bulk,
except vessels engaged solely on voyages on rivers, lakes, bays, and
sounds or on voyages between Great Lake ports and St. Lawrence River
ports as far east as a straight line drawn from Cape de Rosiers to West
Point, Anticosti Island and as far east of a line drawn along the 63rd
meridian from Anticosti Island to the north shore of the St. Lawrence
River.
Sec. 172.015 Document of authorization.
(a) Except as specified in Sec. 172.030, each vessel that loads
grain in bulk must have a Document of Authorization issued in
accordance with one of the following:
(1) Section 3 of the International Code for the Safe Carriage of
Grain in Bulk if the Document of Authorization is issued on or after
January 1, 1994. As used in the Code, the term ``Administration'' means
``U.S. Coast Guard''.
(2) Regulation 10 part (a) of the Annex to IMO Assembly resolution
A.264(VIII) if the Document of Authorization was issued before January
1, 1994.
(b) The Commandant recognizes the National Cargo Bureau, Inc., 30
Vesey Street, New York, NY 10007-2914, for the purpose of issuing
Documents of Authorization in accordance with paragraph (a)(1) of this
section.
Sec. 172.020 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
under 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 made 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, Naval Architecture Division, Office of Design and Engineering
Standards, 2100 Second Street SW., Washington, DC 20593-0001, and is
available for the sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are as follows:
International Maritime Organization (IMO)
Publications Section, 4 Albert Embankment, London, SE1 7SR United
Kingdom.
Amendment to Chapter VI of the International Convention for the
Safety of Life at Sea, 1960, Resolution A.264(VIII)--172.015
Publication No. 240-E, International Code for the Safe Carriage of
Grain in Bulk--172.015
Sec. 172.030 Exemptions for certain vessels.
(a) Vessels are exempt from 172.015 on voyages between:
[[Page 51219]]
(1) United States ports along the East Coast as far south as Cape
Henry, VA;
(2) Wilmington, NC and Miami, FL;
(3) United States ports in the Gulf of Mexico;
(4) Puget Sound ports and Canadian west coast ports or Columbia
River ports, or both;
(5) San Francisco, Los Angeles, and San Diego, CA.
(b) Vessels exempt by paragraph (a) of this section must comply
with the following conditions:
(1) The master is satisfied that the vessel's longitudinal strength
is not impaired.
(2) The master ascertains the weather to be encountered on the
voyage.
(3) Potential heeling moments are reduced to a minimum by carrying
as few slack holds as possible.
(4) Each slack surface must be leveled.
(5) The transverse metacentric height (GM), in meters, of the
vessel throughout the voyage, after correction for liquid free surface,
has been shown by stability calculations to be in excess of the
required GM (GMR), in meters.
(i) The GMR is the sum of the increments of GM (GMI) multiplied by
the correction factor, f and r.
Where: r = (available freeboard) (beam) of the vessel and
f = 1 if r is > 0.268 or
f = (0.268 r) if r is < 0.268.="" (ii)="" the="" gmi="" for="" each="" compartment="" which="" has="" a="" slack="" surface="" of="" grain,="" i.e.,="" is="" not="" trimmed="" full,="" is="" calculated="" by="" the="" following="" formula:="" gmi="(B3xLx0.0661)" (disp.="" x="" sf)="" where:="" b="breadth" of="" slack="" grain="" surface="" (m)="" l="Length" of="" compartment="" (m)="" disp.="Displacement" of="" vessel="" (tons)="" sf="Stowage" factor="" of="" grain="" in="" compartment="" (cubic="" meters/tons)="" (c)="" vessels="" which="" do="" not="" have="" the="" document="" of="" authorization="" required="" by="" sec.="" 172.015="" may="" carry="" grain="" in="" bulk="" up="" to="" one="" third="" of="" their="" deadweight="" tonnage="" provided="" the="" stability="" complies="" with="" the="" requirements="" of="" section="" 9="" of="" the="" international="" code="" for="" the="" safe="" carriage="" of="" grain="" in="" bulk.="" sec.="" 172.040="" certificate="" of="" loading.="" (a)="" before="" it="" sails,="" each="" vessel="" that="" loads="" grain="" in="" bulk,="" except="" vessels="" engaged="" solely="" on="" voyages="" on="" the="" great="" lakes,="" rivers,="" or="" lakes,="" bays,="" and="" sounds,="" must="" have="" a="" certificate="" of="" loading="" issued="" by="" an="" organization="" recognized="" by="" the="" commandant="" for="" that="" purpose.="" the="" certificate="" of="" loading="" may="" be="" accepted="" as="" prima="" facie="" evidence="" of="" compliance="" with="" the="" regulations="" in="" this="" subpart.="" (b)="" the="" commandant="" recognizes="" the="" national="" cargo="" bureau,="" inc.,="" 30="" vesey="" street,="" new="" york,="" ny,="" 10007-2914,="" for="" the="" purpose="" of="" issuing="" certificates="" of="" loading.="" part="" 188--general="" provisions="" 361.="" the="" authority="" citation="" for="" part="" 188="" continues="" to="" read="" as="" follows:="" authority:="" 46="" u.s.c.="" 2113,="" 3306;="" 49="" u.s.c.="" 5103,="" 5106;="" e.o.="" 12234,="" 45="" fr="" 58801,="" 3="" cfr,="" 1980="" comp.,="" p.="" 277;="" 49="" cfr="" 1.46.="" 362.="" revise="" sec.="" 188.01-1="" to="" read="" as="" follows:="" sec.="" 188.01-1="" purpose="" of="" regulations.="" the="" purpose="" of="" the="" regulations="" in="" this="" subchapter="" is="" to="" set="" forth="" uniform="" minimum="" requirements="" for="" oceanographic="" research="" vessels="" designated="" in="" accordance="" with="" sec.="" 3.10-1="" of="" this="" title="" and="" subject="" to="" coast="" guard="" inspection="" requirements.="" the="" regulations="" are="" necessary="" to="" carry="" out="" the="" provisions="" of="" applicable="" laws="" governing="" inspection="" and="" certification="" of="" oceanographic="" research="" vessels="" and="" have="" the="" force="" of="" law.="" sec.="" 188.01-3="" [amended]="" 363.="" in="" sec.="" 188.01-3,="" remove="" paragraph="" (b)="" and="" the="" paragraph="" designation="" (a).="" sec.="" 188.01-5="" [removed]="" 364.="" remove="" sec.="" 188.01-5.="" sec.="" 188.05-2="" [amended]="" 365.="" in="" sec.="" 188.05-2,="" remove="" paragraph="" (a)="" and="" redesignate="" paragraphs="" (b)="" and="" (c)="" as="" paragraphs="" (a)="" and="" (b),="" respectively.="" 366.="" revise="" sec.="" 188.05-10(b)(2)="" to="" read="" as="" follows:="" sec.="" 188.05-10="" application="" to="" vessels="" on="" an="" international="" voyage.="" *="" *="" *="" *="" *="" (b)="" *="" *="" *="" (2)="" is="" numbered="" in="" accordance="" with="" 46="" u.s.c.="" chapter="" 123.="" *="" *="" *="" *="" *="" sec.="" 188.05-30="" [removed]="" 367.="" remove="" sec.="" 188.05-30.="" 368.="" revise="" sec.="" 188.10-13="" to="" read="" as="" follows:="" sec.="" 188.10-13="" 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="" 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.="" 369.="" revise="" sec.="" 188.10-45="" to="" read="" as="" follows:="" sec.="" 188.10-45="" 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="" 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.="" 370.="" revise="" sec.="" 188.10-49="" to="" read="" as="" follows:="" sec.="" 188.10-49="" numbered="" vessel.="" this="" term="" means="" a="" vessel="" which="" is="" numbered="" under="" the="" provisions="" of="" 46="" u.s.c.="" chapter="" 123.="" 371.="" revise="" sec.="" 188.10-55="" to="" read="" as="" follows:="" sec.="" 188.10-55="" officer="" in="" charge,="" marine="" inspection.="" 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="" 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.="" 372.="" revise="" sec.="" 188.10-65="" to="" read="" as="" follows:="" sec.="" 188.10-65="" 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).="" part="" 189--inspection="" and="" certification="" 373.="" the="" authority="" citation="" for="" part="" 189="" continues="" to="" read="" as="" follows:="" authority:="" 33="" u.s.c.="" 1321(j);="" 46="" u.s.c.="" 2113,="" 3306;="" 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.="" 374.="" revise="" sec.="" 189.35-9(c)(2)="" to="" read="" as="" follows:="" sec.="" 189.35-9="" plans.="" *="" *="" *="" *="" *="" (c)="" *="" *="" *="" (2)="" other="" weight="" handling="" gear="" will="" be="" evaluated="" on="" the="" basis="" of="" the="" standards="" of="" a="" recognized="" organization="" or="" association="" recognized="" by="" the="" commandant="" under="" sec.="" 31.10-6.="" *="" *="" *="" *="" *="" [[page="" 51220]]="" 375.="" in="" sec.="" 189.40-1,="" revise="" paragraphs="" (a)="" and="" (c)="" to="" read="" as="" follows:="" sec.="" 189.40-1="" 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.="" *="" *="" *="" *="" *="" (c)="" 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.="" 376.="" in="" sec.="" 189.40-3,="" revise="" the="" heading="" and="" paragraphs="" (d)(4),="" (d)(5),="" (e)="" introductory="" text,="" and="" (e)(1)="" to="" read="" as="" follows:="" sec.="" 189.40-3="" 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.="" (5)="" the="" means="" that="" will="" be="" provided="" for="" taking="" shaft="" bearing="" clearances.="" *="" *="" *="" *="" *="" (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);="" *="" *="" *="" *="" *="" part="" 193--fire="" protection="" equipment="" 377.="" the="" authority="" citation="" for="" part="" 193="" continues="" to="" read="" as="" follows:="" authority:="" 46="" u.s.c.="" 2213,="" 3102,="" 3306;="" e.o.="" 12234,="" 45="" fr="" 58801,="" 3="" cfr,="" 1980="" comp.,="" p.="" 277;="" 49="" cfr="" 1.46.="" 378.="" in="" sec.="" 193.01-3(b),="" add,="" in="" alphabetical="" order="" of="" the="" organizations="" referenced,="" the="" following="" standard:="" sec.="" 193.01-3="" 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--="" 193.30-1="" 379.="" revise="" sec.="" 193.10-5(f)="" to="" read="" as="" follows:="" sec.="" 193.10-5="" 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.="" *="" *="" *="" *="" *="" 380.="" add="" subpart="" 193.30="" to="" read="" as="" follows:="" subpart="" 193.30--automatic="" sprinkler="" systems="" sec.="" 193.30-1="" application.="" automatic="" sprinkling="" systems="" shall="" comply="" with="" nfpa="" 13-1996.="" part="" 195--vessel="" control="" and="" miscellaneous="" systems="" and="" equipment="" 381.="" the="" authority="" citation="" for="" part="" 195="" continues="" to="" read="" as="" follows:="" authority:="" 46="" u.s.c.="" 2113,="" 3306;="" 49="" u.s.c.="" app.="" 1804;="" e.o.="" 12234,="" 45="" fr="" 58801,="" 3="" cfr,="" 1980="" comp.,="" p.="" 277;="" 49="" cfr="" 1.46.="" sec.="" 195.30-90="" [amended]="" 382.="" in="" sec.="" 195.30-90(c),="" remove="" the="" words="" ``after="" november="" 23,="" 1994,''="" and="" capitalize="" the="" ``e''="" in="" the="" word="" ``each''.="" sec.="" 195.35-90="" [amended]="" 383.="" in="" sec.="" 195.35-90(c),="" remove="" the="" words="" ``after="" november="" 23,="" 1994,''="" and="" capitalize="" the="" ``e''="" in="" the="" word="" ``each''.="" part="" 196--operations="" 384.="" the="" authority="" citation="" for="" part="" 196="" continues="" to="" read="" as="" follows:="" authority:="" 33="" u.s.c.="" 1321(j);="" 46="" u.s.c.="" 2213,="" 3306,="" 5115,="" 6101;="" e.o.="" 12777,="" 56="" fr="" 54757,="" 3="" cfr,="" 1991="" comp.,="" p.="" 351;="" e.o.="" 12234,="" 45="" fr="" 58801,="" 3="" cfr,="" 1980="" comp.,="" p.="" 277;="" 49="" cfr="" 1.46.="" sec.="" 196.05-1="" [amended]="" 385.="" in="" sec.="" 196.05-1(c),="" remove="" the="" words="" ``3d,''="" and="" ``12th,''.="" 386.="" revise="" sec.="" 196.53-1="" to="" read="" as="" follows:="" sec.="" 196.53-1="" licensed="" officers.="" all="" licensed="" officers="" on="" a="" vessel="" shall="" have="" their="" licenses="" conspicuously="" displayed.="" part="" 197--general="" provisions="" 387.="" the="" authority="" citation="" for="" part="" 197="" continues="" to="" read="" as="" follows:="" authority:="" 33="" u.s.c.="" 1509;="" 43="" u.s.c.="" 1333;="" 46="" u.s.c.="" 3306,="" 3703,="" 6101;="" 49="" cfr="" 1.46.="" 388.="" revise="" sec.="" 197.462="" to="" read="" as="" follows:="" sec.="" 197.462="" pressure="" vessels="" and="" pressure="" piping.="" (a)="" the="" diving="" supervisor="" shall="" ensure="" that="" each="" pressure="" vessel,="" including="" each="" volume="" tank,="" cylinder="" and="" pvho,="" and="" each="" pressure="" piping="" system="" is="" examined="" and="" tested="" as="" required="" by="" this="" section="" and="" after="" any="" repair,="" modification="" or="" alteration="" to="" determine="" that="" they="" are="" in="" satisfactory="" condition="" and="" fit="" for="" the="" service="" intended.="" (b)="" pressure="" vessels="" and="" pressure="" piping="" shall="" be="" examined="" annually="" for="" mechanical="" damage="" or="" deterioration.="" any="" defect="" that="" may="" impair="" the="" safety="" of="" the="" pressure="" vessel="" or="" piping="" shall="" be="" repaired="" and="" pressure="" tested="" to="" the="" satisfaction="" of="" the="" officer="" in="" charge,="" marine="" inspection.="" (c)="" the="" following="" tests="" shall="" be="" conducted="" at="" least="" every="" three="" years:="" (1)="" all="" piping="" permanently="" installed="" on="" a="" pvho="" shall="" be="" pressure="" tested.="" (2)="" pvhos="" subject="" to="" internal="" pressure="" shall="" be="" leak="" tested="" at="" the="" maximum="" allowable="" working="" pressure="" using="" the="" breathing="" mixture="" normally="" used="" in="" service.="" (3)="" equivalent="" nondestructive="" testing="" may="" be="" conducted="" in="" lieu="" of="" pressure="" testing.="" proposals="" to="" use="" nondestructive="" testing="" in="" lieu="" of="" pressure="" testing="" shall="" be="" submitted="" to="" the="" officer="" in="" charge,="" marine="" inspection.="" (d)="" unless="" otherwise="" noted,="" pressure="" tests="" conducted="" in="" accordance="" with="" this="" section="" shall="" be="" either="" hydrostatic="" tests="" or="" pneumatic="" tests.="" (1)="" when="" a="" hydrostatic="" test="" is="" conducted="" on="" a="" pressure="" vessel,="" the="" test="" pressure="" shall="" be="" no="" less="" than="" 1.25="" times="" the="" maximum="" allowable="" working="" pressure.="" (2)="" when="" a="" pneumatic="" test="" is="" conducted="" on="" a="" pressure="" vessel,="" the="" test="" pressure="" shall="" be="" the="" maximum="" allowable="" working="" pressure="" stamped="" on="" the="" nameplate.="" (3)="" when="" a="" pneumatic="" test="" is="" conducted="" on="" piping,="" the="" test="" pressure="" shall="" be="" no="" less="" than="" 90="" percent="" of="" the="" setting="" of="" the="" relief="" device.="" (4)="" pressure="" tests="" shall="" be="" conducted="" only="" after="" suitable="" precautions="" are="" taken="" to="" protect="" personnel="" and="" equipment.="" (5)="" when="" pressure="" tests="" are="" conducted="" on="" pressure="" vessels="" or="" pressure="" piping,="" the="" test="" pressure="" shall="" be="" maintained="" for="" a="" period="" of="" time="" sufficient="" to="" allow="" examination="" of="" all="" joints,="" connections="" and="" high="" stress="" areas.="" 389.="" in="" sec.="" 197.480,="" revise="" paragraphs="" (a)="" and="" (b)="" to="" read="" as="" follows:="" sec.="" 197.480="" logbooks.="" (a)="" the="" person-in-charge="" of="" a="" vessel="" or="" facility,="" that="" is="" required="" by="" 46="" u.s.c.="" [[page="" 51221]]="" 11301="" to="" have="" an="" official="" logbook,="" shall="" maintain="" the="" logbook="" on="" form="" cg-706.="" (b)="" the="" person-in-charge="" of="" a="" vessel="" or="" facility="" not="" required="" by="" 46="" u.s.c.="" 11301="" to="" have="" an="" official="" logbook,="" shall="" maintain,="" on="" board,="" a="" logbook="" for="" making="" the="" entries="" required="" by="" this="" subpart.="" *="" *="" *="" *="" *="" 390.="" revise="" sec.="" 197.540(b)="" to="" read="" as="" follows:="" sec.="" 197.540="" determination="" of="" personal="" exposure.="" *="" *="" *="" *="" *="" (b)="" initial="" exposure="" monitoring.="" when="" benzene="" is="" first="" loaded="" as="" a="" cargo="" on="" board="" a="" vessel,="" an="" initial="" monitoring="" of="" each="" type="" of="" operation="" must="" be="" conducted="" to="" determine="" accurately="" the="" representative="" personal="" exposure="" of="" persons="" involved="" in="" the="" operation.="" *="" *="" *="" *="" *="" dated:="" september="" 22,="" 1997.="" r.="" c.="" north,="" rear="" admiral,="" u.s.="" coast="" guard,="" assistant="" commandant="" for="" marine,="" safety="" and="" environmental="" protection.="" [fr="" doc.="" 97-25572="" filed="" 9-29-97;="" 8:45="" am]="" billing="" code="" 4910-14-p="">