[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Proposed Rules]
[Pages 65988-66011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30402]
[[Page 65987]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
46 CFR Part 26 et al.
Adoption of Industry Standards; Proposed Rule
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 /
Proposed Rules
[[Page 65988]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 26, 31, 32, 34, 35, 38, 54, 56, 61, 72, 76, 77, 78,
92, 95, 96, 97, 108, 109, 153, 160, 162, 164, 167, 168, 169, 190,
193, and 196
[CGD 95-027]
RIN 2115-AF09
Adoption of Industry Standards
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking and public meeting.
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SUMMARY: As part of the President's Regulatory Reinvention, the Coast
Guard is proposing to amend its regulations governing both inspected
and uninspected commercial vessels by removing or revising obsolete and
unnecessary provisions and incorporating industry standards and
practices. The provisions proposed for removal or revision are
categorized as: Regulations discussing equipment which is no longer
manufactured or used; Regulations imposing requirements that are
repeated in another, more useful section; Regulations imposing
requirements which make a negligible contribution to shipboard safety;
Regulations which can be replaced by an appropriate industry consensus
standard or practice; and, Regulations which merely repeat statutory
language.
The Coast Guard expects these amendments will reduce the regulatory
burden to the maritime industry, reduce the administrative burden to
government and industry, reduce government printing costs, and provide
a more concise and useful Title 46, Code of Federal Regulations.
DATES: Comments must be received not later than February 20, 1996. A
public meeting will be held on February 9, 1996 to discuss this
rulemaking.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA), U.S. Coast Guard, 2100 Second Street SW,
Washington, DC 20593-0001, or may be delivered to room 3406 at the same
address between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments will become part of this docket and will be
available for inspection or copying at room 3406, Coast Guard
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
A public meeting scheduled for February 9, 1996 will be held in
Room 2415 at Coast Guard Headquarters, 2100 Second Street SW,
Washington, DC 20593-0001.
A copy of the material listed in ``Incorporation by Reference'' of
this preamble is available for inspection at Room 1300, U.S. Coast
Guard Headquarters.
FOR FURTHER INFORMATION CONTACT: Design and Engineering Standards
Division (G-MMS), U.S. Coast Guard, 2100 Second Street SW., Washington,
DC 20593-0001, telephone (202) 267-2206--LCDR R. K. Butturini, Project
Manager; LTJG Jaqueline Twomey, Project Engineer; Ms. Shereen Bell,
Project Assistant. Regulations and Administrative Law Division (G-LRA),
U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001,
telephone (202) 267-1534--LT Rachel Goldberg, Project Counsel,
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 95-027) and the specific section of this
proposed rule to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose a stamped, self-addressed postcard
or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
A public meeting was held on April 20, 1995 (60 FR 16423) to
discuss Coast Guard regulations and the regulatory process. The
relevant comments received at the hearing or in writing have been
considered for the changes included in this document. The Coast Guard
will hold another public meeting on February 9, 1996 from 9 a.m. to 3
p.m. to discuss these proposed rules and to solicit other suggestions
or comments for regulatory reform. The meeting will be held at the site
indicated in the ADDRESSES section. Comments received at the hearing
will be considered as part of the review of this proposal and the Coast
Guard may change this proposal in view of these comments.
Background and Purpose
This proposal has been sparked by several recent calls for
regulatory review and reform. For example, on March 4, 1995, the
President issued a memorandum calling on executive agencies to review
regulations with the goals of--
(1) Cutting obsolete regulations;
(2) Focusing on results instead of process and punishment;
(3) Convening meetings with the regulated community; and,
(4) Expanding efforts to promote consensual rulemaking.
The President's memorandum coincides with U.S. maritime industry
requests for greater alignment of Coast Guard regulations with
international marine safety standards to reduce cost disadvantages
incurred by the U.S. maritime industry and thereby improve the
competitiveness of the U.S. industry. The ongoing National Performance
Review effort, which stresses reducing red tape and maximizing results,
provides further justification for identifying excessive requirements
in Coast Guard regulations and for streamlining government processes.
Also, the Coast Guard recognizes the need to explore regulatory reform
where it provides an opportunity to reprogram Coast Guard resources to
focus more attention on human factors and port state control activities
to ensure other nations are conscientiously implementing international
safety agreements.
The Coast Guard held a public meeting on April 20, 1995, announced
in the March 30, 1995 Federal Register (60 FR 16423), to discuss the
Coast Guard's regulatory development process and the President's
Regulatory Review Initiative. During the public meeting, the Coast
Guard announced its goals of purging obsolete and outdated regulations
and eliminating any Coast Guard induced differences between
requirements that apply to U.S. vessels in international trade and
those that apply to similar vessels in international trade that fly the
flag of other responsible foreign nations. In the May 31, 1995 Federal
Register (60 FR 28376), the Coast Guard reiterated its intention to
harmonize Coast Guard regulations with international safety standards.
To accomplish all of these goals, the Coast Guard is considering
alternative compliance methods, examining ways to make existing
regulations more efficient and comparing U.S. marine safety regulations
with American Bureau of Shipping (ABS) Rules and the International
Convention for the Safety of Life at Sea, 1974, as amended (SOLAS '74).
An initial rulemaking removing or amending obsolete and unnecessary
provisions was published in the September 18, 1995 Federal
[[Page 65989]]
Register (60 FR 48044). That rulemaking focused on regulations for
which no adverse public comment was expected, such as removal of the
requirements for nuclear vessels, ocean incinerator ships and ocean
thermal energy conversion facilities and plantships. This proposal
removes or amends obsolete or unnecessary regulations of a more
significant nature and seeks to incorporate industry consensus
standards and practices. The broader scope of this proposal and the
nature of the proposed changes, when compared to the previous
rulemaking, make increased public involvement desirable.
In compiling the list of CFR sections included in this proposed
rule, the Coast Guard did not consider parts of Title 46 Code of
Federal Regulations (46 CFR) that are under review as part of other,
ongoing regulatory projects.
In this proposal, sections of the CFR were identified for removal
or revision by comparing the section subject matter to the following
list of selection criteria:
(a) Equipment discussed in a section is no longer manufactured or
used:
(b) Requirements imposed by a section are repeated in another
section;
(c) Requirements imposed by a section make a negligible
contribution to shipboard safety;
(d) An appropriate industry consensus standard or practice exists
which can be referenced instead of publishing detailed requirements in
a regulation; or,
(e) The text of a regulation merely repeats statutory language.
Discussion of Proposed Rules
The following discussion summarizes the changes proposed by this
rule:
1. The requirement addresses equipment that is no longer
manufactured or used. The following sections are being removed or
revised because they impose requirements for equipment that is no
longer manufactured, that is technologically obsolete, or is no longer
used in the marine industry.
Section 31.10-15(a) of Title 46 CFR contains requirements for
nuclear vessels. This section was inadvertently omitted from an earlier
rulemaking entitled Removal of Obsolete and Unnecessary Regulations (60
FR 48044) which focused on removing regulations for nuclear vessels,
ocean incinerator vessels and ocean thermal energy conversion
facilities and plantships. Therefore, this section which pertains to
nuclear vessels is proposed for removal.
Section 34.05-5 and Subparts 34.13, 76.13 and 95.13 of Title 46 CFR
contain requirements for steam smothering systems used for fire
fighting purposes. The Coast Guard has prohibited installation of steam
smothering systems on vessels since 1962. Existing steam smothering
systems may be retained as long as they are kept in good condition to
the satisfaction of the Officer in Charge, Marine Inspection. As no new
installation of steam smothering systems are allowed and the designs of
existing installations have already been approved, the design
requirements for steam smothering systems are no longer necessary and
are proposed for removal. The Coast Guard is retaining the regulations
pertaining to testing and inspection of installed systems.
Subparts 35.70, 78.80, 97.70 and Sec. 108.613 of Title 46 CFR
contain requirements for power-operated industrial trucks. Power-
operated industrial trucks have historically been used on break-bulk
ships for handling cargo in the holds. Only 66 U.S. flag break-bulk
ships are currently inspected by the Coast Guard. Well over half of
these ships are maintained by the Maritime Administration (MARAD), but
are not operating. Of MARAD's ships, only 7 will eventually carry
power-operated industrial trucks as ship's equipment. On the remaining,
privately owned break-bulk ships, few trucks are still carried as
ship's equipment because dockside trucks are readily available. Trucks
are also used on mobile offshore drilling units (MODUs) to move
palletized stores such as bagged cement. Efficient cargo handling
systems are increasingly replacing trucks aboard MODUs for this
purpose. The demand for faster loading methods and the evolution of
container ships, lighter-aboard ships (LASH) and roll-on/roll-off
(RORO) ships has also reduced the use of power-operated industrial
trucks. Additionally, there have been no reported accidents involving
power-operated industrial trucks in the last fifteen years. Therefore,
regulations for power-operated industrial trucks are no longer
necessary and are proposed for removal.
Sections 32.15-10, 77.27-1, 96.27-1 and 167.40-20 of Title 46 CFR
contain requirements for sounding equipment, including deep-sea hand
leads. Reliable, inexpensive electronic sounding equipment and position
fixing equipment are available from numerous manufacturers. It is
unlikely that a hand lead would be necessary to determine the water
depth. Therefore, the requirements for deep sea hand leads are not
necessary and are proposed for removal.
Section 32.02-5 and Subparts 78.35, 97.33 and 196.33 require cable
travelers between fore and aft deck houses separated by more than 46 m
(150 ft) to protect crewmembers needing to cross the weather decks.
Cable travelers have been replaced by raised fore and aft bridges and
side tunnels as safer means of moving between the deckhouses.
Additionally, modern vessel designs have abandoned the two deck house
arrangement in favor of a single deckhouse. Therefore, these sections
are being revised to remove the requirement for installation of cable
travelers between separated deckhouses and merely require a fixed means
of facilitating movement between both ends of the vessel.
Sections 34.05-15, 76.05-30, 95.05-20, 167.45-40, 193.05-20 and
Subpart 34.55 of 46 CFR require sand, sawdust impregnated with soda or
other appropriate dry materials, and a scoop or shaker for
distribution, to be located in the machinery spaces for fire fighting
purposes. Sand is inferior to other, common fire fighting means, such
as portable extinguishers, and this burdensome requirement is no longer
appropriate. Therefore, regulations requiring sand in the engine room
are proposed for removal.
Subparts 35.12, 78.53, 97.43, 196.43 and Section 167.65-50 of 46
CFR require instructions for the use of breeches buoys. Modern
communications and lifesaving equipment have made the use of breeches
buoys for lifesaving purposes obsolete. Therefore, the requirement for
an instruction placard for the use of breeches buoys is no longer
necessary and these sections are proposed for revision to remove this
requirement.
Sections 35.30-45, 72.05-60, 167.40-35 and 169.321 and Subparts
78.75, 97.60 and 196.60 of Title 46 CFR contain requirements for motion
picture film. Subpart 78.75 also contains a requirement that motion
picture projectors comply with the requirements in the electrical
engineering regulations. With the exception of large passenger vessels,
video cassette recorders and televisions have replaced motion picture
projectors on most vessels. Large passenger vessels use motion picture
projectors in their movie theaters. Slow-burning film is the only type
of film currently available in reel format for use with movie
projectors. Section 111.89-1 of Title 46 in the electrical engineering
regulations requires all motion picture projectors to meet Article 540
of the National Electrical Code. Therefore, as the risks previously
associated with motion picture film no longer exist, the regulations
for motion picture film are not necessary and are proposed for removal.
[[Page 65990]]
Sections 180.403 and 167.45-55 of Title 46 CFR allow the
installation of water spray systems for fire fighting purposes in
boiler spaces of mobile offshore drilling units (MODU) and public
nautical school ships. Other fire fighting media, such as carbon
dioxide, have shown to be more effective, reliable and practical than
water spray systems and no MODU or public nautical school ship
currently uses a water spray system in a boiler space for fire fighting
purposes. Therefore, these provisions are not necessary and are
proposed for removal.
Subpart 160.018 of Title 46 CFR contains specifications for rigid
liferafts. Rigid liferafts are no longer manufactured for use in the
marine industry. Therefore, the specifications for rigid liferafts in
46 CFR 160.018 are no longer necessary and are proposed for removal.
Subpart 160.034 of Title 46 CFR contains specifications for
lifeboat hand propelling gear. Hand propelled lifeboats have largely
been replaced by reliable, engine-driven lifeboats and are no longer
manufactured for use in the marine industry. Therefore, the
specifications for hand propelling gear in 46 CFR 160.034 are no longer
necessary and are proposed for removal.
Section 164.016 of Title 46 CFR contains specifications for
microcellular nylon used in the construction of lifesaving equipment.
Microcellular nylon has been replaced by more effective materials and
is no longer manufactured for use in Coast Guard approval lifesaving
equipment. Therefore, the specifications for microcellular nylon are no
longer needed and are proposed for removal.
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Cite (46 CFR) Proposed change Subject addressed by regulation
----------------------------------------------------------------------------------------------------------------
Sec. 31.10-15..................... Revision................... Nuclear vessels.
Sec. 32.02-5...................... Revision................... Cable traveler.
Sec. 32.15-10..................... Revision................... Deep-sea hand leads.
Sec. 34.05-5...................... Revision................... Steam smothering systems.
Sec. 34.05-15..................... Removal.................... Sand in the engineroom.
Subpart 34.13...................... Revision................... Steam smothering systems.
Subpart 34.55...................... Removal.................... Sand in the engineroom.
Subpart 35.12...................... Revision................... Breeches buoy placard.
Sec. 35.30-45..................... Revision................... Motion picture film.
Subpart 35.70...................... Removal.................... Power-operated industrial trucks.
Sec. 76.05-60..................... Removal.................... Motion picture film.
Sec. 76.05-20..................... Revision................... Fixed firefighting systems.
Sec. 76.05-30..................... Removal.................... Sand in the engineroom.
Subpart 76.13...................... Revision................... Steam smothering systems.
Sec. 77.27-1...................... Revision................... Deep-sea hand leads.
Subpart 78.35...................... Revision................... Cable traveler.
Subpart 78.53...................... Revision................... Breeches buoy placard.
Subpart 78.75...................... Removal.................... Motion picture film.
Subpart 78.80...................... Removal.................... Power-operated industrial trucks.
Sec. 95.05-10..................... Revision................... Fixed firefighting systems.
Sec. 95.05-20..................... Removal.................... Sand in boiler rooms.
Subpart 95.13...................... Revision................... Steam smothering systems.
Sec. 96.27-1...................... Revision................... Deep-sea hand leads.
Subpart 97.33...................... Revision................... Cable traveler.
Subpart 97.43...................... Revision................... Breeches buoy placard.
Subpart 97.60...................... Removal.................... Motion picture film.
Subpart 97,70...................... Removal.................... Power-operated industrial trucks.
Sec. 108.403...................... Revision................... Water spray systems.
Sec. 108.613...................... Removal.................... Power-operated industrial trucks.
Subpart 160.018.................... Removal.................... Rigid liferafts.
Subpart 160.034.................... Removal.................... Lifeboat hand propelling gear.
Subpart 164.016.................... Removal.................... Microcellular nylon.
Sec. 167.40-20.................... Revision................... Deep-sea hand leads.
Sec. 167.40-35.................... Removal.................... Motion picture film.
Sec. 167.45-40.................... Revision................... Sand in enginerooms.
Sec. 167.45-55.................... Revision................... Water spray systems.
Sec. 167.65-50.................... Revision................... Breeches buoy placard.
Sec. 169.321...................... Removal.................... Motion picture film.
Sec. 193.05-20.................... Removal.................... Sand in boiler rooms.
Subpart 196.33..................... Revision................... Cable traveler.
Subpart 196.43..................... Revision................... Breeches buoy placard.
Subpart 196.60..................... Removal.................... Motion picture film.
----------------------------------------------------------------------------------------------------------------
2. The requirement is repeated in another section. The following
provisions are being removed or revised because the requirements are
repeated in other, more useful locations in Title 33 CFR or Title 46
CFR.
Subparts 32.95, 78.85, 97.75, 196.18 and 196.75 and Section 109.583
of Title 46 CFR contain identical language regarding the requirement
that certain vessels operate in accordance with the requirements of the
Federal Water Pollution Control Act (FWPCA), as amended, the Oil
Pollution Act (OPA), 1961, as amended and Parts 151, 155 and 156 of
Title 33 CFR. However, each of the requirements cited contain language
regarding their applicability. Therefore, the sections of Title 46 CFR
which merely restate the applicability of the FWPCA, OPA and Title 33
CFR are not necessary and are proposed for removal.
Sections 35.20-25 and 167.65-1 and Subparts 78.25, 97.23 and 196.23
of Title 46 prohibit carrying any light not required by law that will
interfere with
[[Page 65991]]
distinguishing signal lights. However, Rule 20 of both the Inland and
International Rules of the Road published in 33 U.S.C. 2020 and 33 CFR
81, Appendix A, respectively, contains the same requirement. It is more
logical to retain requirements pertaining to signal lights in the Rules
of the Road. Therefore, the sections of Title 46 CFR prohibiting
carrying lights that interfere with signal lights are not necessary and
are proposed for removal.
Sections 35.20-40, 78.21-1, 97.19-1 and 196.19-1 of Title 46 CFR
require ocean and coastwise vessels over 1600 gross tons to display
maneuvering information on a fact sheet in the pilothouse. These
sections include instructions for validating the information on the
fact sheet after the vessel begins operating. Section 164.35 of Title
33 CFR also contains a requirement to display maneuvering information
on a fact sheet in the pilothouse for vessels over 1600 gross tons on
all navigable waters of the U.S.
The intent of both Title 33 CFR and Title 46 CFR is to provide
information about the vessel's maneuvering characteristics for use in
piloting waters. However, there are slight differences in the language
of the requirements. Also, the requirement to display maneuvering
information in Title 33 CFR and Title 46 CFR apply to some of the same
vessels, but some vessels are only covered by one title. Under the
current regulations, both requirements apply to an oceangoing U.S.
vessel entering a U.S. port, resulting in a conflict between Title 33
CFR and Title 46 CFR.
As the information required to be displayed in Title 33 CFR and
Title 46 CFR is similar and the purpose is the same, the requirement
need not be printed in both locations. It is more useful and consistent
to retain the description of the maneuvering information required in
the navigation safety regulations of Title 33 CFR. Therefore, this
proposal, if adopted, would remove paragraphs repeating the maneuvering
information to be displayed from Title 46 CFR and retain the
instructions in Title 46 CFR for validating the maneuvering information
with an added reference to Title 33 CFR.
Section 56.50-100 of Title 46 CFR merely contains a one sentence
reference to Subpart 58.30 of Title 46 CFR for fluid power and control
system requirements. Subpart 58.30, Fluid Power and Control Systems,
contains the detailed requirements. Therefore, Sec. 56.50-100 is not
necessary and is proposed for removal.
Sections 92.01-13 and 190.01-13 of Title 46 CFR contain
requirements for the design and operation of sliding watertight door
assemblies on cargo and miscellaneous vessels and oceanographic
research vessels. Section 170.270 of the subdivision and stability
regulations in Title 46 CFR contains identical requirements. The
requirements for sliding watertight doors are included in Part 170
because the subdivision and stability regulations apply to all vessels
inspected under Title 46, including cargo and miscellaneous vessels and
oceanographic research vessels. For example, the passenger vessel and
tank vessel regulations do not contain specific provisions for the
design and operation of sliding watertight door assemblies because
Sec. 170.270 applies. Therefore, repeating the requirements for the
design and operation of sliding watertight door assemblies in
Secs. 92.01-13 and 190.01-13 is not necessary and these provisions are
proposed for removal.
In the following list of sections proposed for removal or revision,
the citation to the sections where duplicate requirements are being
retained is indicated in square brackets below the section being
removed or revised.
----------------------------------------------------------------------------------------------------------------
Cite (46 CFR) Proposed change Subject addressed by regulation
----------------------------------------------------------------------------------------------------------------
Subpart 32.95 [33 CFR Subchapter Removal.................. Oil pollution.
O].
Sec. 35.20-25 [33 CFR 81 and 33 Removal.................. Unauthorized lights.
U.S.C. 2020].
Sec. 35.20-40 [33 CFR 164.35]... Revision................. Maneuvering characteristics.
Sec. 56.50-100 [Sec. 58.30].... Removal.................. Fluid power and control systems.
Sec. 78.21-1 [33 CFR 164.35].... Removal.................. Maneuvering characteristics.
Subpart 78.25 [33 CFR 81 and 33 Removal.................. Unauthorized lights.
U.S.C. 2020].
Subpart 78.85 [33 CFR Subchapter Removal.................. Pollution prevention.
O].
Sec. 92.01-13 [46 CFR Subchapter Removal.................. Watertight doors.
S, Subpart H] [33 CFR 164.35].
Sec. 97.19-1 [33 CFR 164.35].... Removal.................. Maneuvering characteristics.
Subpart 97.23 [33 CFR 81 and 33 Removal.................. Unauthorized lights.
U.S.C. 2020].
Subpart 97.75 [33 CFR Subchapter Removal.................. Pollution prevention.
O].
Sec. 109.583 [33 CFR Subchapter Removal.................. Pollution prevention.
O].
Sec. 167.65-10 [33 CFR 81 and 33 Removal.................. Unauthorized lights.
U.S.C. 2020].
Sec. 190.01-13 [46 CFR Removal.................. Watertight doors.
Subchapter S, Subpart H].
Subpart 196.18 [33 CFR Subchapter Removal.................. Pollution prevention.
O].
Sec. 196.19-1 [33 CFR 164.35]... Removal.................. Maneuvering characteristics.
Subpart 196.23 [33 CFR 81 and 33 Removal.................. Unauthorized lights.
U.S.C. 2020].
Subpart 196.75 [33 CFR Subchapter Removal.................. Pollution prevention.
O].
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3. The requirement does not improve shipboard safety. The following
sections are being removed or revised because they make no significant
contribution to shipboard safety. This list includes provisions which
are typically exceeded by industry voluntarily, regulations which have
outlived their usefulness and requirements which result in inefficient
administrative procedures.
Sections 32.05-5, 78.47-67, 97.37-45, 169.742 and 196.37-45 of
Title 46 CFR contain requirements for marking fire hose and fire axes
with the vessel's name. Emergency equipment is typically marked with
instructions or identifying symbols, such as the ``E'' on emergency
lights, to aid in its identification and use. Lifesaving equipment that
floats and could be discovered during a search is marked with the
vessel's name to help identify the vessel in the event of a sinking.
However, fire hose and fire axes have no need for either of these types
of markings. These pieces of equipment do not float and are not
amenable to marking with instructions. Therefore, the requirement to
mark fire hoses and fire axes with the vessel's name is not necessary
and is proposed for removal.
Section 35.01-5 and Subparts 32.40, 72.20, 92.20, 167.50, 168.15
and 190.20 of Title 46 CFR contain requirements for on-board crew
accommodations. In some cases, the requirements contained in these
sections are unnecessarily detailed or exceed the requirements of the
International Labor Office Merchant
[[Page 65992]]
Shipping (Minimum Standards) Convention, 1976 (ILO 147) to which the
United States is signatory. For example, ILO 147 requires a hospital
space be provided for tankships over 500 gross tons carrying a crew of
15 persons or more and on a voyage of over three days duration. Current
Sec. 32.40-50 requires a hospital space for all tankships carrying a
crew of 12 persons or more and on a voyage of over three days duration.
The changes proposed by this rulemaking would remove or revise
those sections of the regulations that are unnecessarily detailed or
exceed the requirements of ILO 147 in order to make the regulations
more concise and consistent with the international standard for on-
board crew accommodations.
Sections 35.10-5 and 35.20-30 of Title 46 CFR discuss the officer
in command's responsibility to conduct drills and the prohibitions
against unauthorized lights, flashing blinding lights and unauthorized
whistling. Section 35.25-1 of Title 46 CFR discusses the chief
engineer's responsibility to examine the boilers and report their
condition. Additionally, Sections 78.57-1, 97.47-1 and 167.65-15 of
Title 46 CFR require mariners to comply strictly with routing
instructions issued by competent naval authorities. Each of these
sections include phrases to indicate that the master or the other
licensed officers of a vessel may be held liable against their licenses
in suspension and revocation proceedings for failure to comply with the
provisions of these sections. Phrases of this type are inconsistent
with the President's memorandum of March 4, 1995 directing the federal
agencies to focus on results rather than process and punishment and do
not contribute to shipboard safety. The authority to proceed in
suspension and revocation proceedings against licensed or certificated
mariners that fail to obey a law or regulation is explained in Part 5
of this chapter. Reiterating a mariner's liability in other subchapters
is not necessary. Therefore, to meet the Coast Guard's goal of focusing
on results instead of process and punishment this proposal, if adopted,
would remove or revise sections that restate mariners' liability for
failure to obey laws or regulations, while retaining the prohibition
against the underlying conduct.
Sections 35.20-15 and 167.65-30 and Subparts 78.20, 97.17 and
196.17 of Title 46 CFR specify the words Right Rudder and Left Rudder
be used when it is intended that the wheel, rudder blade and the head
of the ship move to the right or left, respectively. Specifying the
direction of the wheel, rudder or ship intended by the commands Right
Rudder and Left Rudder is a detail that is not necessary for
professional seamen. Proper steering orders are ingrained in the
commercial maritime industry culture and need not be repeated in the
regulations. Therefore, these regulations are not necessary and are
proposed for removal.
Sections 61.05-5 and 61.30-5 of Title 46 CFR assign
responsibilities to the chief engineer to prepare the boilers and
thermal fluid heaters for inspection. Preparing machinery for
inspection reduces the time needed to conduct the required inspections
and determine the condition of the machinery. It is a matter of
convenience for the vessel and the attending marine inspectors or
classification society surveyors to have the machinery prepared in
advance, but is not a safety issue. Not preparing machinery for
inspections has no impact on safety because all required inspections
must eventually be conducted to the satisfaction of the attending
inspectors or surveyors. Therefore, regulations assigning the
responsibility to prepare machinery for inspection to the chief
engineer are proposed for removal.
Sections 54.01-1, 54.01-3 and 54.01-5 and Table 54.01-5 of Title 46
CFR reference the standards of the Tubular Exchanger Manufacturers
Association (TEMA) and the American Society of Mechanical Engineers
(ASME) Code for Boilers and Pressure Vessels (ASME Code) for the
construction of heat exchangers. Comments received from heat exchanger
manufacturers and shipyards indicate that referencing both the TEMA and
ASME standards has created confusion. The ASME Code is the primary
industry standard for pressure vessels of all types and is extensively
referenced in the regulations. The ASME Code is comprehensive and
includes updated requirements for design and construction of the heat
exchanger components for which a reference to TEMA standards was
previously necessary. The ASME Code requirements are equivalent to TEMA
requirements. Heat exchangers built solely in accordance with the ASME
Code have demonstrated their suitability for shipboard use. Referencing
only the ASME Code will result in simplified regulations and less
confusion. Therefore, the regulations referencing the TEMA standards
are no longer necessary and are proposed for removal.
Part 153 of Title 46 CFR contains the requirements for issuance of
a Certificate of Compliance (COC) and Subchapter O Endorsement (SOE).
Under the existing regulations, a COC and SOE are issued by the Coast
Guard to a foreign chemical tanker registered with a nation signatory
to the International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978 (MARPOL 73/78).
Issuance of the COC and SOE are based primarily on a review of the
vessel's plans and possession of a valid Certificate of Fitness (COF)
issued by the flag state or an authorized third party.
The process to obtain a COC and SOE is initiated when a series of
documents are submitted to the Coast Guard for review. The required
submission of these documents to both the Coast Guard's Marine Safety
Center (MSC) and the cognizant Officer in Charge, Marine Inspection
(OCMI) often results in unnecessary delays in obtaining a COC and SOE.
Also, under current practices, after the COC and SOE have been issued,
if a Coast Guard marine inspector discovers that the COF has been
reissued by the flag state or its authorized third party, the COC
becomes invalid and cargo operations have to be stopped until the MSC
reviews the new COF and issues a new SOE.
A new proposed procedure would make the Coast Guard's regulations
more consistent with actual practice. Due to the large number of
cargoes typically authorized under a COF, currently the MSC does not
conduct a detailed review of the majority of a vessel's plans. Instead,
the MSC concentrates on identifying cargoes prohibited from bulk
carriage in U.S. waters and those cargoes for which the U.S. has
special requirements. The MSC accepts a valid COF issued by the flag
state or its authorized third party as documentation that the vessel
complies with the applicable international codes for carriage of bulk
chemicals. These codes are the Bulk Chemical Code (BCH Code) and the
International Bulk Chemical Code (IBC Code) developed by the
International Maritime Organization. Compliance with these codes is
mandatory for any vessel whose flag state is signatory to MARPOL 73/78.
Under this proposal, it would be only those chemical tankers whose flag
state is not signatory to MARPOL 73/78 that would require a detailed
plan review by the MSC to be issued an SOE. Following plan review, the
MSC would issue an SOE to these vessels with the notation that the flag
state is not signatory to MARPOL 73/78.
Therefore, this proposal, if adopted, would amend the review and
issuance
[[Page 65993]]
process found in 46 CFR Part 153 to allow the OCMI to issue the COC and
SOE without the MSC's involvement for those vessels whose flag states
are signatory to MARPOL 73/78. This proposal would also enable the SOE
to remain valid as long as the COF is valid even if the COF is revised.
The burden on the Coast Guard would also be reduced through streamlined
administrative procedures.
----------------------------------------------------------------------------------------------------------------
Cite (46 CFR) Proposed change Subject addressed by regulation
----------------------------------------------------------------------------------------------------------------
Tank Vessels:
Sec. 32.05-5.................... Revision..................... Equipment marking.
Subpart 32.40.................... Revision..................... Accommodations.
Sec. 35.01-5.................... Revision..................... Accommodations.
Sec. 35.10-5.................... Revision..................... Emergency drills.
Sec. 35.20-15................... Revision..................... Steering orders.
Sec. 35.20-30................... Revision..................... Blinding lights.
Sec. 35.20-35................... Revision..................... Unnecessary whistling.
Sec. 35.25-1.................... Revision..................... Examination of boiler and machinery by
engineer.
Sec. 35.40-40................... Revision..................... Equipment marking.
Pressure Vessels:
Sec. 54.01-1.................... Revision..................... Heat exhangers.
Sec. 54.01-3.................... Removal...................... Heat exhangers.
Sec. 54.01-5.................... Revision..................... Heat exhangers.
Inspectins and Examinations:
Sec. 61.05-5.................... Revision..................... Preparing boilers for inspection.
Sec. 61.30-5.................... Revision..................... Preparing thermal fluid heater for
inspection.
Passenger Vessels:
Subpart 72.20.................... Revision..................... Accommodations.
Subpart 78.20.................... Removal...................... Steering orders.
Sec. 78.47-67................... Removal...................... Equipment marking.
Sec. 78.57-1.................... Revision..................... Routing instructions.
Cargo and Miscellaneous Vessels:
Subpart 92.20.................... Revision..................... Accommodation.
Subpart 97.17.................... Removal...................... Steering orders.
Sec. 97.37-45................... Removal...................... Equipment marking.
Sec. 97.47-1.................... Revision..................... Routing instructions.
Hazardous Cargoes:
Part 153......................... Revision..................... Certificate of Compliance procedures.
Public School Ships:
Subpart 167.50................... Revision..................... Accommodations.
Sec. 167.55-5................... Revision..................... Special Markings.
Sec. 167.65-15.................. Revision..................... Routing instructions.
Sec. 167.65-30.................. Removal...................... Steering orders.
Civilian Nautical School Ships:
Subpart 168.15................... Revision..................... Accommodations.
Sailing School Vessels:
Sec. 169.742.................... Removal...................... Equipment marking.
Oceanographic Research Vessels:
Subpart 190.20................... Revision..................... Accommodations.
Subpart 196.17................... Removal...................... Steering Orders.
Sec. 196.37-45.................. Removal...................... Equipment marking.
----------------------------------------------------------------------------------------------------------------
4. An appropriate industry standard or practice exists which can be
referenced instead of publishing detailed requirements in the
regulations. The Coast Guard has been systematically replacing detailed
specifications in the regulations with industry consensus standards for
over 20 years. To date, over 250 regulatory provisions have been
replaced with adopted industry standards. Incorporation of industry
standards saves time and resources for both the Coast Guard and
industry by streamlining the shipboard equipment acceptance process.
Sections 34.10-10, 34.10-90, 76.10-10, 76.10-90, 95.10-10, 95.10-
90, 108.425, 167.45-40, 193.10-10 and 193.10-90 of Title 46 CFR contain
requirements for fire hose nozzles that are approved under 46 CFR
162.027. In 1994, the Coast Guard helped U.S. nozzle manufacturers
develop an American Society for Testing and Materials (ASTM) standard
for fire fighting nozzles--ASTM F 1546-94, Standard Specification for
Marine Fire Fighting Nozzles. The standard was developed for modern
variable flow or variable pressure nozzle with the expectation that it
would eventually be incorporated into the regulations. Testing
conducted by the Coast Guard Research and Development Center in 1988
demonstrated these nozzles are superior to the currently approved all-
purpose nozzles. Two of the tested models were issued Coast Guard
approvals in 1990. Variable flow or variable pressure nozzles are used
by virtually every shoreside fire department in the United States.
Incorporation of this standard will make a superior product with a
long, successful service history available to the marine industry.
Therefore, this proposal, if adopted, would replace current
specifications for fire hose nozzles contained in Subpart 162.027
[[Page 65994]]
with a reference to ASTM F 1546-94 and would allow the use of nozzles
that meet the new Subpart 162.027 in lieu of nozzles previously
approved under Subpart 162.027.
Sections 56.30-35 and 56.30-40 of Title 46 CFR contain regulations
for gasketed mechanical couplings and mechanically attached fittings,
respectively. In 1993, the Coast Guard and ASTM developed ASTM
standards F 1387-93, Standard Specification for Performance of
Mechanically Attached Fittings, and F 1476-93, Standard Specification
for Performance of Gasketed Mechnical Couplings for Use in Piping
Applications, with the expectation that they would eventually be
incorporated into the regulations in lieu of Secs. 56.30-35 and 56.30-
40. This proposal, if adopted, would incorporate F 1387F-93 and F 1476-
93 into the regulations.
Section 61.20-17 of Title 46 CFR contains the requirements for
tailshaft examination intervals. The current requirements for tailshaft
examination intervals are based on the type of lubricant in the bearing
lubrication system. With some exceptions, water-lubricated tailshafts
must be drawn and examined at each drydocking. Oil-lubricated bearings
need not be drawn and examined if the bearing clearances are taken
during drydocking, the inboard seals are examined, the lubricating oil
is analyzed and nondestructive testing is conducted on the connection
between the propeller to the tailshaft. The differences in the scope
and frequency of inspection are due to the non-corrosive properties of
oil. Consequently, the use of an oil-lubricated tailshaft can translate
into substantial savings during drydock periods. However, a potential
drawback is liability for oil released from leaky seals. As a result,
industry demand has spurred development of water-miscible,
environmentally safe, non-corrosive lubricants.
The Coast Guard supports the development and use of non-polluting
lubricants and has evaluated the means for a manufacturer to
demonstrate a lubricant's equivalency to oil, based on the lubricant's
non-corrosive properties, for purposes of the tailshaft inspection
interval. Under this proposal, if adopted, a water-miscible lubricant
tested in accordance with ASTM D 665-92, Standard Test Method for Rust-
Preventing Characteristics of Inhibited Mineral Oil in the Presence of
Water, may be considered equivalent to oil for the purposes of the
tailshaft inspection interval. Therefore, this proposal, if adopted,
would incorporate ASTM D 665-92 into the regulations and add
appropriate text into Sec. 61.20-17 explaining the procedures for
accepting water-miscible lubricants as equivalent to oil. Additionally,
this proposal, if adopted, would clarify the purpose of the tailshaft
lubricating oil analysis by explaining that the analysis is to
determine the presence of bearing material or other contaminants.
Section 38.25-10 of Title 46 CFR contains the inspection
requirements for safety relief valves installed on pressure vessel type
cargo tanks used in the carriage of liquefied petroleum gas. Under the
current regulations, safety relief valves must be tested and adjusted,
if necessary, every four years. The ABS Rules require testing and
adjustment every five years. The ABS Rules, with the longer testing
interval, have shown to be adequate by the satisfactory performance of
safety relief valves on non-U.S. vessels classed by ABS. The Coast
Guard has amended the inspection intervals for vessel drydockings and
for various pieces of shipboard equipment to agree with the inspection
intervals in international standards and class society rules. These
amendments have been made after consideration for any possible
degradation in safety to allow major pieces of equipment to be tested
on a cycle that coincides with the normal drydock schedule for the
convenience of the vessel owner, class society and the Coast Guard.
Therefore, this proposal, if adopted, would change the testing interval
for safety valves installed on pressure vessel type cargo tanks from
four years to five years to be consistent with international standards
and classification society rules.
------------------------------------------------------------------------
Subject addressed
Cite (46 CFR) Proposed change by regulation
------------------------------------------------------------------------
Sec. 34.10-10.................. Revision......... Fire hose nozzles.
Sec. 34.10-90.................. Revision......... Fire hose nozzles.
Sec. 38.25-10.................. Revision......... Safety relief
valves.
Sec. 56.01-2................... Revision......... Incorporation by
reference.
Sec. 56.30-35.................. Revision......... Gasketed mechanical
couplings.
Sec. 56.30-40.................. Revision......... Mechanically
attached fittings.
Subpart 61.03................... New.............. Incorporation by
reference.
Sec. 61.20-17.................. Revision......... Tailshaft
inspections.
Sec. 76.10-10.................. Revision......... Fire hose nozzles.
Sec. 76.10-90.................. Revision......... Fire hose nozzles.
Sec. 95.10-10.................. Revision......... Fire hose nozzles.
Sec. 95.10-90.................. Removal.......... Fire hose nozzles.
Sec. 108.425................... Revision......... Fire hose nozzles.
Subpart 162.027................. Revision......... Fire hose nozzles.
Sec. 167.45-40................. Revision......... Fire hose nozzles.
Sec. 193.10-10................. Revision......... Fire hose nozzles.
Sec. 193.10-90................. Revision......... Fire hose nozzles.
------------------------------------------------------------------------
5. Statutory language repeated. The regulatory text of the
following provisions repeats language or restates requirements from
self-executing statutes without any additional regulatory provisions.
Section 26.15-1 of Title 46 CFR repeats the statutory language of
46 U.S.C. 527e authorizing the Coast Guard to board numbered,
uninspected commercial vessels. Section 527e of Title 46 U.S.C. was
repealed on August 10, 1971 (P.L. 92-75; 85 Stat. 228). The authority
for the Coast Guard to conduct boardings on uninspected vessels remains
in Title 14 U.S.C. 89. Therefore, Sec. 26.15-1 is no longer needed and
is proposed for revision.
Sections 35.07-5, 35.07-15, 78.37-3, 97.35-3, 97.35-10, 196.35-3
and 196.35-10 of Title 46 CFR either repeat statutory language or
paraphrase statutory requirements for making logbook entries. Subparts
78.03, 97.03 and 196.03 of Title 46 CFR repeat the possible
consequences of a violation of the provisions of Title 46 CFR and
mariners' liability under the suspension and revocation proceedings.
Sections 167.65-3 and 196.27-10 of Title 46 CFR repeat the statutory
language regarding negligent operations of a vessel.
Regulations which do not add meaning or additional requirements to
self-executing statutes are not useful. Therefore, regulations which
only repeat language or summarize requirements from self-executing
statutes are not necessary and are proposed for removal.
------------------------------------------------------------------------
Subject addressed
Cite (46 CFR) Proposed change by regulation
------------------------------------------------------------------------
Sec. 26.15-1................... Revision......... Boarding by Coast
Guard.
Sec. 35.07-5................... Revision......... Logbook entries.
Sec. 35.07-15.................. Removal.......... Logbook entries.
Subpart 78.03................... Removal.......... Statutory
penalties.
[[Page 65995]]
Sec. 78.37-3................... Revision......... Logbook entries.
Subpart 97.03................... Removal.......... Statutory
penalties.
Sec. 97.35-3................... Revision......... Logbook entries.
Sec. 97.35-10.................. Removal.......... Logbook entries.
Sec. 167.65-3.................. Removal.......... Negligent
operations.
Subpart 196.03.................. Removal.......... Statutory
penalties.
Sec. 196.27-10................. Removal.......... Negligent
operations.
Sec. 196.35-3.................. Revision......... Logbook entries.
Sec. 196.35-10................. Removal.......... Logbook entries.
------------------------------------------------------------------------
Incorporation by Reference
The following material would be incorporated by reference:
American Society for Testing and Materials (ASTM):
Standard Specification for Performance of Mechanically Attached
Fittings, F 1387-93--Secs. 56.01-2, 56.30-35
Standard Specification for Performance of Gasketed Mechanical
Couplings for Use in Piping Applications, F 1476-93--Secs. 56.01-2,
56.30-40
Standard Specification for Marine Fire Fighting Nozzles, ASTM F
1546-93--Secs. 162.027-1, 162.027-2, 162.027-3
Copies of the material are available for inspection where indicated
under ADDRESSES. Copies of the material are available from the sources
listed in Secs. 56.01-2 and 162.027-1.
Before publishing a final rule, the Coast Guard will submit this
material to the Director of the Federal Register for approval of the
incorporation by reference.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order, nor
has it been reviewed by the Office of Management and Budget. It is not
significant under the regulatory policies and procedures of the
Department of Transportation (DOT) (44 FR 11034; February 26, 1979).
The Coast Guard expects the economic impact of this proposal to be so
minimal that a full Regulatory Assessment is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
This proposed rule will have no 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.
Therefore, the Coast Guard finds that this proposed rule will not
have a significant economic impact on a substantial number of small
entities. If, however, you think that your business or organization
qualifies as a small entity and that this rule will have a significant
economic impact on your business or organization, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and in
what way and to what degree this proposed rule will economically affect
it.
Collection of Information
This proposed rule imposes on the public no new or added
requirements for collecting information under the Paperwork Reduction
Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposed rule in accordance with
the principles and criteria of Executive Order 12612 and has determined
that this rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
proposed rule and concluded that, under section 2.B.2.c of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination is
available in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects
46 CFR Part 26
Marine safety, Penalties, Reporting and recordkeeping requirements.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 32
Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 34
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 35
Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 38
Cargo vessels, Fire prevention, Gases, Hazardous materials
transportation, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 54
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 56
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 61
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 72
Fire prevention, Marine safety, Occupational safety and health,
Passenger vessels, Seamen.
46 CFR Part 76
Fire prevention, Marine safety, Passenger vessels.
46 CFR Part 77
Marine safety, Navigation (water), Passenger vessels.
46 CFR Part 78
Marine safety, Navigation (water), Passenger vessels, Penalties,
Reporting and recordkeeping requirements.
46 CFR Part 92
Cargo vessels, Fire prevention, Marine safety, Occupational safety
and health, Seamen.
46 CFR Part 95
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 96
Cargo vessels, Marine safety, Navigation (water).
[[Page 65996]]
46 CFR Part 97
Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.
46 CFR Part 108
Fire prevention, Marine safety, Occupational safety and health, Oil
and gas exploration, Vessels.
46 CFR Part 109
Marine safety, Occupational safety and health, Oil and gas
exploration, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 153
Administrative practice and procedure, Cargo vessels, Hazardous
materials transportation, Marine safety, Reporting and recordkeeping
requirements, Water pollution control.
46 CFR Part 160
Marine safety, Reporting and recordkeeping requirements.
46 CFR Part 162
Fire Prevention, Marine safety, Oil pollution, Reporting and
recordkeeping requirements.
46 CFR Part 164
Fire prevention, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 167
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.
46 CFR Part 168
Occupational safety and health, Schools, Seamen, Vessels.
46 CFR Part 169
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Vessels.
46 CFR Part 190
Fire prevention, Marine safety, Occupational safety and health,
Oceanographic research vessels.
46 CFR Part 193
Fire prevention, Marine safety, Oceanographic research vessels.
46 CFR Part 196
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 46 CFR Parts 26, 31, 32, 34, 35, 38, 54, 56, 61, 72, 76, 77,
78, 92, 95, 96, 97, 108, 109, 153, 160, 162, 164, 167, 168, 169, 189,
190, 193, and 196 as follows:
PART 26--OPERATIONS
1. The authority citation for Part 26 continues to read as follows:
Authority: 46 U.S.C. 3306, 4104, 6101, 8105; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277.; 49 CFR 1.46.
2. In Sec. 26.15-1, paragraphs (a) and (b) are removed, paragraph
(c) is redesignated as paragraph (b), and a new paragraph (a) is added
to read as follows:
Sec. 26.15-1 May board at any time.
(a) To facilitate the boarding of vessels by the commissioned,
warrant, and petty officers of the U.S. Coast Guard in the exercise of
their authority, every uninspected vessel, as defined in 46 U.S.C.
2101(43), if underway and upon being hailed by a Coast Guard vessel,
shall stop immediately and lay to, or shall maneuver in such a way as
to permit the Coast Guard boarding officer to come aboard. Failure to
permit a Coast Guard boarding officer to board a vessel or refusal to
comply will subject the operator or owner of the vessel to the
penalties provided in law.
* * * * *
PART 31--INSPECTION AND CERTIFICATION
3. The authority citation for Part 31 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306; 49 U.S.C.
5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; 49 CFR 1.46. Section
31.10-21a also issued under the authority of Sect. 4109, Pub. L.
101-380, 104 Stat. 515.
Sec. 31.10-15 [Amended]
4. In Sec. 31.10-15, paragraph (a) is amended by removing the words
``and in the case of nuclear vessels, at least once every year''.
PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS
5. The authority citation for Part 32 continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 32.59 also under the
authority of Sect. 4109, Pub. L. 101-380, 104 Stat. 515.
6. Section 32.02-5 is revised to read as follows:
Sec. 32.02-5 Communication between deckhouses--TB/OCLB.
On all tank vessels where the distance between deckhouses is more
than 46 m (150 ft), a fixed means of facilitating communication between
both ends of the vessel, such as a raised fore and aft bridge or side
tunnels, shall be provided. Previously approved arrangements may be
retained so long as they are maintained in satisfactory condition to
the satisfaction of the Officer in Charge, Marine Inspection.
Sec. 32.05-5 [Amended]
7. In Sec. 32.05-5, the words ``fire hose, fire axes,'' are
removed.
8. Section 32.15-10 is revised to read as follows:
Sec. 32.15-10 Sounding machines--T/OCL.
All mechanically propelled vessels in ocean or coastwise service of
500 gross tons and over, and all mechanically propelled vessels in
Great Lakes service of 500 gross tons and over certificated for service
on the River St. Lawrence eastward of the lower exit of the St. Lambert
Lock at Montreal, Canada, shall be fitted with an efficient electronic
deep-sea sounding apparatus.
9. Subpart 32.40 is revised to read as follows:
Subpart 32.40--Accommodations for Officers and Crew
Sec.
32.40-1 Application--TB/ALL.
32.40-5 General--T/ALL.
32.40-10 Restrictions--T/ALL.
32.40-15 Location of crew spaces--T/ALL.
32.40-20 Arrangement of sleeping spaces--T/ALL.
32.40-25 Size of sleeping spaces--T/ALL.
32.40-30 Berths and lockers--T/ALL.
32.40-35 Wash spaces; toilet spaces; and shower spaces--T/ALL.
32.40-40 Messrooms--T/ALL.
32.40-45 Hospital spaces--T/ALL.
32.40-50 Miscellaneous accommodation spaces--T/ALL.
32.40-55 Heating requirements--T/ALL.
32.40-60 Inspect screens--T/ALL.
32.40-65 Crew accommodations on tankships of less than 100 gross
tons and manned tank barges--TB/ALL.
32.40-70 Crew accommodations on tankships constructed before June
15, 1987--T/ALL.
Sec. 32.40-1 Application--TB/ALL.
(a) The provisions of this subpart, with the exception of
Sec. 32.40-70 and Sec. 32.40-90, apply to all tankships of 100 gross
tons and over constructed on or after June 15, 1987.
(b) Tankships of less than 100 gross tons and manned tank barges
must meet the requirements of Sec. 32.40-70.
(c) Tankships of 100 gross tons and over constructed prior to June
15, 1987, must meet the requirements of Sec. 32.40-90.
Sec. 32.40-5 General--T/ALL.
The accommodations provided for the crew, including both officers
and
[[Page 65997]]
unlicensed members, on all tankships must be securely constructed,
properly lighted, heated, drained, ventilated, equipped, located,
arranged, and insulated from undue noise, heat and odors.
Sec. 32.40-10 Restrictions--T/ALL.
(a) There must be no direct communication between the accommodation
spaces and any chainlocker, stowage, or machinery space, except through
solid, close-fitted doors or hatches.
(b) No access, vent, or sounding tube from a fuel or oil tank may
open into any accommodation space, except that accesses and sounding
tubes may open into corridors.
Sec. 32.40-15 Location of crew spaces--T/ALL.
Crew quarters must not be located forward of a vertical plane
located at five percent of the tankship's length aft of the stem at the
designated summer load line. However, for tankships in other than ocean
or coastwise service, this distance does not need to exceed 8.5 m (28
ft). For the purposes of this paragraph, the length defined in
Sec. 42.13-15 of Subchapter E (Load Lines) of this chapter is to be
used. No section of the deckhead of the crew spaces may be below the
deepest load line.
Sec. 32.40-20 Arrangement of sleeping spaces--T/ALL.
Each department head and watchstanding officer must be provided
with a separate stateroom.
Sec. 32.40-25 Size of sleeping spaces--T/ALL.
(a) No sleeping space may berth more than four persons.
(b) Without deducting any furnishings used by the occupants, each
sleeping space must have for each occupant--
(1) 2.78 m\2\ (30 ft\3\) of deck area: and
(2) 5.8 m\3\ (210 ft\2\) of volume.
(c) Each sleeping space must have at least 190 cm (75 in) of
headroom over clear deck areas.
Sec. 32.40-30 Berths and lockers--T/ALL.
(a) Each person shall have a separate berth and not more than one
berth shall be placed above another.
(b) Each berth must have a framework of hard, smooth, non-corrosive
material.
(c) Each berth must be at least 68 cm (27 in) wide by 190 cm (75
in) long.
(d) The bottom of the lower berth must be at least 30 cm (12 in)
above the deck. The bottom of an upper berth must be at least 76 cm (30
in) from the bottom of the berth below it and from the deck or any
pipe, ventilating duct, or other overhead installation.
(e) Each person accommodated in a room shall be provided a locker.
(f) Each berth must have a berth light.
Sec. 32.40-35 Wash spaces: toilet spaces; and shower spaces--T/ALL.
(a) Each tankship must have enough public facilities to provide at
least one toilet, one shower, and one washbasin for each eight persons
who occupy sleeping spaces that do not have private or semi-private
facilities.
(b) Each public toilet space and washing space must be convenient
to the sleeping space that it serves.
(c) Each washbasin, shower, and bathtub must have hot and cold
running water.
(d) Adjacent toilets must be separated by a partition that is open
at the top and bottom.
(e) Each washing space and toilet space must be constructed and
arranged so that it can be kept in a clean and sanitary condition and
the plumbing and mechanical appliances kept in good working order.
Sec. 32.40-40 Messrooms--T/ALL.
Each messroom must seat the number of persons expected to eat in
the messroom at one time.
Sec. 32.40-45 Hospital space--T/ALL.
(a) Except as specifically modified by paragraph (h) of this
section, each tankship, which in the ordinary course of its trade makes
voyages of more than three days duration between ports, other than on a
coastal voyage, and which carries a crew of twelve persons or more,
must have a hospital space.
(b) The hospital must be used only for the care of the sick.
(c) Each hospital space must have a toilet, washbasin, and bathtub
or shower accessible from the hospital space.
(d) Each hospital space must have a clothes locker, a table, and
seats.
(e) On tankships in which the entire crew is berthed in single
occupancy rooms, a hospital space is not required if one room is
designated and fitted for use as a treatment and isolation room, and
meets the following standards:
(1) The room must be available for immediate medical use;
(2) A washbasin with hot and cold running water must be installed
either in or immediately adjacent to the space and other required
sanitary facilities must be conveniently located.
Sec. 32.40-50 Miscellaneous accommodation spaces--T/ALL.
(a) Each tankship must have enough facilities for the crew to wash
and dry their own clothes, including at least one tub or sink that has
hot and cold running water.
(b) Each tankship must have an accommodation space that can be used
for recreation.
Sec. 32.40-55 Heating requirements--T/ALL.
(a) Radiators and other heating apparatus must be constructed,
located or shielded so as to avoid risk of fire or danger and
discomfort to the occupants of each accommodation space.
(b) Each exposed pipe in an accommodation space leading to a
radiator or other heating apparatus must be insulated.
Sec. 32.40-60 Insect screens--T/ALL.
Accommodation spaces must be protected against the admission of
insects.
Sec. 32.40-65 Crew accommodations on tankships of less than 100 gross
tons and manned tank barges--TB/ALL.
(a) The crew accommodations on all tankships of less than 100 gross
tons and all manned tank barges must have sufficient size and
equipment, and be adequately constructed to provide for the protection
of the crew in a manner practicable for the size, facilities, and
service of the tank vessel.
(b) The crew accommodations must be consistent with the principles
underlying the requirements for crew accommodations of tankships of 100
gross tons or more.
Sec. 32.40-70 Crew accommodations on tankships constructed before June
15, 1987--T/ALL.
All tankships of 100 gross tons and over constructed before June
15, 1987 may retain previously accepted or approved installations and
arrangements so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
Subpart 32.95--[Removed]
10. Subpart 32.95 is removed.
PART 34--FIREFIGHTING EQUIPMENT
The authority citation for Part 34 continues to read as follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
12. In Sec. 34.05-5, paragraphs (a)(1), (a)(2), (a)(3) and (a)(4)
are revised to read as follows:
Sec. 34.05-5 Fire-extinguishing systems--T/ALL.
(a) * * *
(1) Dry cargo compartments. A carbon dioxide or water spray system
shall be installed for the protection of all dry cargo compartments.
Where such
[[Page 65998]]
compartments are readily accessible by means of doors such spaces need
be protected only by the fire main system.
(2) Cargo tanks. A deck foam system shall be installed for the
protection of all cargo tank spaces. Where a deck foam system is
installed, an approved inert gas, steam or other system may also be
installed for the purposes of fire prevention or inerting of cargo
tanks. For vessels under 100 feet in length, the semiportable equipment
required by footnote 1 of Table 34.05-5(a) will be considered as
meeting the requirements of this subparagraph.
(3) Lamp and paint lockers and similar spaces. A carbon dioxide or
water spray system shall be installed in all lamp and paint lockers,
oil rooms, and similar spaces.
(4) Pumprooms. A carbon dioxide, inert gas, foam or water spray
system shall be installed for the protection of all pumprooms.
* * * * *
Sec. 34.05-15 [Removed]
13. Section 34.05-15 is removed.
14. In Sec. 34.10-10, paragraphs (e), (e-1) and (n) are removed,
paragraphs (f) through (m) are redesignated as paragraphs (g) through
(n), respectively, and new paragraphs (e), (f) and (o) are added to
read as follows:
Sec. 34.10-10 Fire station hydrants, hose and nozzles--T/ALL.
* * * * *
(e) Each fire station hydrant must have at least one length of fire
hose. Each fire hose on the hydrant must have a combination solid
stream and water spray fire hose nozzle that meets the requirements in
Subpart 162.027 of this chapter. Fire hose nozzles previously approved
under Subpart 162.027 of this chapter may be retained so long as they
are maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection. A suitable hose rack or other device shall
be provided. Hose racks on weather decks shall be located so as to
afford protection from heavy seas. The hose shall be stored in the open
or so as to be readily visible.
Table 34.10-10(E).--Hydrants with Coast Guard Approved Low-Velocity
Water Spray Applicators
------------------------------------------------------------------------
No. of hydrants
Location with approved Approved applicator
applicators length (meters (feet))
------------------------------------------------------------------------
Living spaces.................. 1 1.2(4)
Weather deck................... 4 3(10) or 3.7(12)
Machinery space................ 2 1.2(4)
------------------------------------------------------------------------
(f) Each combination nozzle previously approved under Subpart
162.027 of this chapter in the locations listed in Table 34.10-10(E)
must have a low-velocity water spray applicator also previously
approved under Subpart 162.027 of this chapter that is of the length
listed in that table.
* * * * *
(o) Each low-velocity water spray applicator under paragraph (f) of
this section must have fixed brackets, hooks, or other means for
stowing next to the hydrant.
15. In Sec. 34.10-90, paragraphs (a)(12) and (a)(13) are removed,
paragraph (a)(14) is redesignated as (a)(12) and paragraphs (a)(10),
(a)(11) and (b)(2) are revised to read as follows:
Sec. 34.10-90 Installations contracted for prior to May 26, 1965--T/
ALL.
(a) * * *
(10) Each fire station hydrant on a tankship of 500 gross tons or
more must have at least one length of firehose. Each firehose on the
hydrant must have a combination solid stream and water spray firehose
nozzle that meets the requirements of Subpart 162.027. Fire hose
nozzles previously approved under Subpart 162.027 of this chapter may
be retained so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
(11) On each tankship of 1000 gross tons or more, the nozzle
required by paragraph (a)(10) on each of the following hydrants must
have a low velocity applicator that was previously approved under
Subpart 162.027 and that connects to that nozzle when the nozzle itself
was previously approved under Subpart 162.027;
(i) At least two hydrants in the machinery and boiler spaces.
(ii) At least 25 percent of other hydrants.
* * * * *
(b) * * *
(2) Each fire station hydrant must have at least one length of
firehose. Each firehose on the hydrant must have a combination solid
stream and water spray nozzle that meets the requirements of Subpart
162.027. Fire hose nozzles previously approved under Subpart 162.027 of
this chapter may be retained so long as they are maintained in good
condition to the satisfaction of the Officer in Charge, Marine
Inspection. If the fire hose nozzles were previously approved under
Subpart 162.027, each of the number of hydrants in the locations listed
in Table 34.10-10(E) must have a low velocity water spray applicator
that:
(i) Was previously approved under Subpart 162.027 of this chapter:
(ii) Is the length listed in Table 34.10-(E); and
(iii) Meets Sec. 34.10-10(o).
16. Subpart 34.13 is revised to read as follows:
Subpart 34.13--Steam Smothering Systems
Sec. 34.13-1 Application--T/ALL.
Steam smothering fire extinguishing systems are not permitted on
vessels contracted for on or after January 1, 1962. Previously approved
installations may be retained as long as they are maintained in good
condition to the satisfaction of the Officer in Charge, Marine
Inspection.
Subpart 34.55--[Removed]
17. Subpart 34.55 is removed.
PART 35--OPERATIONS
18. The authority citation for Part 35 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46.
Sec. 35.01-5 [Amended]
19. In Sec. 35.01-5, paragraphs (b) and (c) are removed and the
paragraph designation ``(a)'' is removed from paragraph (a).
20. Section 35.07-5 is revised to read as follows:
Sec. 35.07-5 Logbooks and records--TB/ALL.
(a) The master or person in charge of a vessel that is required by
46 U.S.C. 11301 to have an official logbook shall maintain the logbook
on Form CG-706. When the voyage is completed, the master or person in
charge shall file the logbook with the Officer in Charge, Marine
Inspection.
(b) The master or person in charge of a vessel that is not required
by 46 U.S.C. 11301 to have an official logbook, shall maintain, on
board, an unofficial logbook or record in any form desired
[[Page 65999]]
for the purposes of making entries therein as required by law or
regulations in this subchapter. Such logs or records are not filed with
the Officer in Charge, Marine Inspection, but shall be kept available
for review by a marine inspector for a period of one year after the
date to which the records refer. Separate records of tests and
inspections of firefighting equipment shall be maintained with the
vessel's logs for the period of validity of the vessel's certificate of
inspection.
Sec. 35.07-15 [Removed]
21. Section 35.07-15 is removed.
Sec. 35.10-5 [Amended]
22. In Sec. 35.10-5, paragraph (g) is removed and paragraphs (h)
and (i) are redesignated as paragraphs (g) and (h), respectively.
23. Subpart 35.12 is revised to read as follows:
Subpart 35.12--Placard of Lifesaving Signals
Sec.
35.12-1 Application--T/OCLB.
35.12-5 Availability--T/OCLB.
Sec. 35.12-1 Application--T/OCLB.
The provisions of this subpart shall apply to all vessels on an
international voyage, and all other vessels of 150 gross tons or over
in ocean, coastwise or Great Lakes service.
Sec. 35.12-5 Availability--T/OCLB.
On all vessels to which this subpart applies there shall be readily
available to the deck officer of the watch a placard containing
instructions for the use of the lifesaving signals set forth in
Regulation 16, Chapter V, of the International Convention for Safety of
Life at Sea, 1974. These signals shall be used by vessels or persons in
distress when communicating with lifesaving stations and maritime
rescue units.
Sec. 35.20-15 [Removed]
24. Section 35.20-15 is removed.
Sec. 35.20-25 [Removed]
25. Section 35.20-25 is removed.
26. Section 35.20-30 is revised to read as follows:
Sec. 35.20-30 Flashing the rays of a searchlight or other blinding
light--T/ALL.
No person shall flash or cause to be flashed the rays of a search
light or other blinding light onto the bridge or into the pilothouse of
any vessel under way.
27. Section 35.20-35 is revised to read as follows:
Sec. 35.20-35 Whistling--All.
The unnecessary sounding of a vessel's whistle is prohibited within
any harbor limits of the United States.
28. Section 35.20-40 is revised to read as follows:
Sec. 35.20-40 Maneuvering characteristics--T/OC.
(a) Each ocean and coastwide tankship of 1,600 gross tons or over
must have the maneuvering information listed in 33 CFR 164.35(g)(1)
through (g)(7) prominently displayed in the pilot house on a fact
sheet.
(b) The information on the fact sheet must be:
(1) Verified by the owner or operator six months after the vessel
is placed in service; or
(2) Modified six months after the vessel is placed into service and
verified within three months thereafter.
(c) The information that appears on the fact sheet may be obtained
from:
(1) Trial trip observations;
(2) Model tests;
(3) Analytical calculations;
(4) Simulations;
(5) Information established from another vessel of similar hull
form, power, rudder and propeller; or
(6) Any combination of the above. The accuracy of the information
in the fact sheet required is that attainable by ordinary shipboard
navigation equipment.
(d) The requirement for information for fact sheets for vessels of
unusual design will be specified on a case by case basis.
29. Section 35.25-1 is revised to read as follows:
Sec. 35.25-1. Examination of boilers and machinery by engineer--T/ALL.
It shall be the duty of an engineer when he assumes charge of the
boilers to examine the same forthwith and thoroughly. If he finds any
part thereof in bad condition, he shall immediately report the facts to
the master, owner, or agent, and to the nearest Officer in Charge,
Marine Inspection.
Sec. 35.30-45 [Removed]
30. Section 35.30-45 is removed.
Sec. 35.40-40 [Amended]
31. In Sec. 35.40-40, paragraph (a) is amended by removing the
words ``fire hoses, fire axes,''.
Subpart 35.70--[Removed]
32. Subpart 35.70 is removed.
PART 38--LIQUEFIED FLAMMABLE GASES
33. The authority citation for Part 38 is revised to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5101, 5106;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
34. In Sec. 38.25-10, paragraph (b) is revised to read as follows:
Sec. 38.25-10 Safety relief valves--TB/ALL.
* * * * *
(b) The safety relief valve discs shall be lifted from their seats
in the presence of a marine inspector by either liquid, gas, or vapor
pressure at least once every 5 years to determine the accuracy of
adjustment and, if necessary, shall be reset.
PART 54--PRESSURE VESSELS
35. The authority citation for Part 54 is revised to read as
follows:
Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 54.01-1 [Amended]
36. In Sec. 54.01-1, paragraph (b) is amended by removing the
incorporation by reference entry for the Tubular Exchanger
Manufacturers Association.
Sec. 54.01-3 [Removed]
37. Section 54.01-3 is removed.
Sec. 54.01-5 [Amended]
38. In Sec. 54.01-5, paragraph (d)(5) is amended by adding the word
``and'' after the semicolon, paragraph (d)(6) is removed, paragraph
(d)(7) is redesignated as paragraph (d)(6) and footnote 8 is removed
from Table 54.01-5(b).
PART 56--PIPING SYSTEMS AND APPURTENANCES
39. 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.
40. In Sec. 56.01-2, paragraph (b) is amended by adding in
numerical order of the standards incorporated by reference from the
American Society for Testing and Materials (ASTM) the following
additional standards:
Sec. 56.01-2 Incorporation by reference.
* * * * *
(b) * * *
ASTM F 1387-93 Standard--56.30-40
Specification for Performance of Mechanically Attached Fittings
ASTM F 1476-93 Standard--56.30-35
Specification for Performance of Casketed Mechanical Couplings for
Use in Piping Applications
* * * * *
41. Section 56.30-35 is revised to read as follows:
[[Page 66000]]
Sec. 56.30-35 Sleeve coupled and other proprietary joints.
Coupling type, mechanical gland type and other proprietary joints
may be used in certain locations (see Sec. 56.30-40(d) for limitations)
where experience or tests have demonstrated that the joint is safe for
the operating conditions, and where adequate provision is made to
prevent separation of the joint. Fittings of this type shall be
designed, constructed, tested and marked in accordance with ASTM F
1476-93.
42. In Sec. 56.30-40, paragraphs (b), (c), (e), and (h) are
removed, paragraph (d) is redesignated as paragraph (c), paragraphs (f)
and (g) are redesignated as paragraphs (d) and (e), respectively, and a
new paragraph (b) is added to read as follows:
Sec. 56.30-40 Flexible pipe couplings of the compression or slip-on
type.
* * * * *
(b) Couplings shall be designed, constructed, tested and marked in
accordance with ASTM F 1387-93.
* * * * *
Sec. 56.50-100 [Removed]
43. Section 56.50-100 is removed.
PART 61--PERIODIC TESTS AND INSPECTIONS
44. The authority citation for Part 61 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.
45. Subpart 61.03 is added to read as follows:
Subpart 61.03--Incorporation of Standards
Sec. 61.03-1 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, and at the U.S. Coast Guard, Design and Engineering Standards
Division (G-MMS), 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), 1916 Race Street,
Philadelphia, PA 19103
ASTM D 665-92, Standard Test Method for Rust-Preventing Characteristics
of Inhibited Mineral Oil in the Presence of Water, 1992--61.20-17
Sec. 61.05-5 [Amended]
46. In Sec. 61.05-5, paragraph (a) is removed and paragraphs (b)
and (c) are redesignated as paragraphs (a) and (b), respectively.
47. Section 61.20-17 is revised to read as follows:
Sec. 61.20-17 Examination intervals.
(a) A lubricant that demonstrates the corrosion inhibiting
properties of oil when tested in accordance with ASTM D 665-92 is
considered to be equivalent to oil for the purposes of the tailshaft
examination interval.
(b) Except as provided in paragraphs (c) through (f) of this
section, each tailshaft on a vessel must be examined twice within any
five year period. No more than three years may elapse between any two
tailshaft examinations.
(c) Tailshafts on vessels fitted with multiple shafts must be
examined once every five years.
(d) Tailshafts with inaccessible portions fabricated of materials
resistant to corrosion by sea water, or fitted with a continuous liner
or a sealing gland which prevents sea water from contacting the shaft,
must be examined once every five years if they are constructed or
fitted with a taper, keyway, and propeller designed in accordance with
the American Bureau of Shipping standards to reduce stress
concentrations or are fitted with a flanged propeller. Accessible
portions of tailshafts must be examined visually during each drydock
examination.
(e) Tailshafts with oil lubricated bearings, including bearings
lubricated with a substance considered to be equivalent to oil under
the provisions of paragraph (a), need not be drawn for examination--
(1) If tailshaft bearing clearance readings are taken whenever the
vessel undergoes a drydock examination or underwater survey;
(2) If the inboard seal assemblies are examined whenever the vessel
undergoes a drydock examination or underwater survey;
(3) If an analysis of the tailshaft bearing lubricant is performed
semiannually in accordance with the lubrication system manufacturer's
recommendations to determine bearing material content or the presence
of other contaminants; and
(4) If--
(i) For tailshafts with a taper, the propeller is removed and the
taper and the keyway (if fitted) are nondestructively tested at
intervals not to exceed five years; or
(ii) For tailshafts with a propeller fitted to the shaft by means
of a coupling flange, the propeller coupling bolts and flange radius
are nondestructively tested whenever they are removed or made
accessible in connection with overhaul or repairs.
(f) Tailshafts on mobile offshore drilling units are not subject to
examination intervals under paragraphs (b) through (d) of this section
if they are--
(1) Examined during each regularly scheduled drydocking; or
(2) Regularly examined in a manner acceptable to the Commandant (G-
MCO).
Sec. 61.30-5 [Amended]
48. In Sec. 61.30-5, paragraph (a) is removed and the paragraph
designation ``(b)'' is removed from paragraph (b).
PART 72--CONSTRUCTION AND ARRANGEMENT
49. 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.
Sec. 72.05-60 [Removed]
50. Section 72.05-60 is removed.
51. Subpart 72.20 is revised to read as follows:
Subpart 72.20--Accommodations for Officers and Crew
Sec.
72.20-1 Application.
72.20-5 Intent.
72.20-10 Location of crew spaces.
72.20-15 Construction.
72.20-20 Sleeping accommodations.
72.20-25 Washrooms and toilet rooms.
72.20-30 Messrooms.
72.20-35 Hospital space.
72.20-40 Other spaces.
72.20-45 Lighting.
72.20-50 Heating.
72.20-55 Insect screens.
72.20-90 Vessels contracted for prior to November 19, 1952.
Sec. 72.20-1 Application.
The provisions of this subchapter, except Sec. 72.20-90, apply to
all vessels contracted for after November 18, 1952. Vessels contracted
for before November 19, 1952 shall meet the requirements of Sec. 72.20-
90.
Sec. 72.20-5 Intent.
It is the intent of this subpart that the accommodations provided
for officers and crew on all vessels shall be securely
[[Page 66001]]
constructed, properly lighted, heated, drained, ventilated, equipped,
located, arranged, and where practicable, shall be insulated from undue
noise, heat and odors.
Sec. 72.20-10 Location of crew spaces.
(a) Crew quarters shall not be located farther forward in the
vessel than a vertical plane located at 5 percent of the vessel's
length abaft the forward side of the stem at the designed summer load
water line. However, for vessels in other than ocean or coastwise
service, this distance need not exceed 8.5 m (28 ft). For the purposes
of this paragraph, the length shall be as defined in Sec. 43.15-1 of
Subchapter E (Load Lines) of this chapter. No section of the deck of
the crew spaces shall be below the deepest load line, except that in
special cases, the Commandant may approve such an arrangement.
(b) There shall be no direct communication, except through solid,
close fitted doors or hatches between crew spaces and chain lockers, or
machinery spaces.
Sec. 72.20-15 Construction.
All crew spaces are to be constructed in a manner suitable to the
purpose for which they are intended. The accommodations provided for
officers and crew on all vessels shall be securely constructed,
properly lighted, heated, drained, ventilated, equipped, located,
arranged, and, where practicable, shall be insulated from undue noise,
heat and effluvia.
Sec. 72.20-20 Sleeping accommodations.
(a) Where practicable, each licensed officer shall be provided with
a separate stateroom.
(b) Sleeping accommodations for the crew shall be divided into
rooms, no one of which shall berth more than four persons.
(c) Each room shall be of such size that there is at least 2.78 m
\2\ (30 ft \3\) of deck area and a volume of at least 5.8 m \3\ (210 ft
\2\) for each person accommodated. The clear head room shall be not
less than 190 cm (75 in). In measuring sleeping accommodations any
furnishings contained therein for the use of the occupants are not to
be deducted from the total volume or from the deck area.
(d) Each person shall have a separate berth and not more than one
berth shall be placed above another. The berth shall be composed of
materials not likely to corrode. The overall size of a berth shall not
be less than 68 cm (27 in) wide by 190 cm (75 in) long, except by
special permission of the Commandant. Where two tiers of berths are
fitted, the bottom of the lower berth must not be less than 30 cm (12
in) above the deck. The berths shall not be obstructed by pipes,
ventilating ducts, or other installations.
(e) A locker shall be provided for each person accommodated in a
room.
Sec. 72.20-25 Washrooms and toilet rooms.
(a) There shall be provided at least one toilet, one washbasin, and
one shower or bathtub for each eight members or portion thereof in the
crew to be accommodated. The crew to be accommodated shall include all
members who do not occupy rooms to which private or semi-private
facilities are attached.
(b) The toilet rooms and washrooms shall be located convenient to
the sleeping quarters of the crew to which they are allotted but shall
not open directly into such quarters except when they are provided as
private or semi-private facilities.
(c) All washbasins, showers, and bathtubs shall be equipped with
proper plumbing, including hot and cold running water. All toilets
shall be installed with proper plumbing for flushing. Where more than
one toilet is located in a space or compartment, each toilet shall be
separated by partitions.
Sec. 72.20-30 Messrooms.
Messrooms shall be located as near to the galley as is practicable
except where the messroom is equipped with a steam table. The messroom
shall be of such size as to seat the number of persons normally
scheduled to be eating at one time.
Sec. 72.20-35 Hospital space.
(a) Each vessel which in the ordinary course of its trade makes
voyages of more than 3 days duration between ports and which carries a
crew of twelve or more, shall be provided with a hospital space. This
space shall be situated with due regard to the comfort of the sick so
that they may receive proper attention in all weathers.
(b) The hospital shall be suitably separated from other spaces and
shall be used for the care of the sick and for no other purpose.
(c) The hospital shall be fitted with berths in the ratio of one
berth to every twelve members of the crew or portion thereof who are
not berthed in single occupancy rooms, but the number of berths need
not exceed six.
(d) The hospital shall have a toilet, washbasin, and bath tub or
shower conveniently situated. Other necessary suitable equipment of
such character as clothes locker, table, seat, etc., shall be provided.
(a) Sufficient facilities shall be provided where the crew may wash
and dry their own clothes. There shall be at least one sink supplied
with hot and cold fresh water.
(b) Recreation accommodations shall be provided.
(c) A space or spaces of adequate size shall be available on an
open deck to which the crew has access when off duty.
Sec. 72.20-45 Lighting.
Berth lights shall be provided for each member of the crew.
Sec. 72.20-50 Heating.
(a) All crew spaces shall be adequately heated in a manner suitable
to the purpose of the space.
(b) Radiators and other heating apparatus shall be so placed, and
where necessary shielded, as to avoid risk of fire, danger or
discomfort to the occupants. Pipes leading to radiators or heating
apparatus shall be lagged where those pipes create a hazard to persons
occupying the space.
Sec. 72.20-55 Insect screens.
Provisions shall be made to protect the crew quarters against the
admission of insects.
Sec. 72.20-90 Vessels contracted for prior to November 19, 1952.
(a) Vessels of 100 gross tons and over, contracted for prior to
March 4, 1915, shall meet the requirements of this paragraph.
(1) Existing structure, arrangements, materials, and facilities,
previously approved will be considered satisfactory so long as they are
maintained in a suitable condition to the satisfaction of the Officer
in Charge, Marine Inspection. Minor repairs and alterations may be made
to the same standard as the original construction provided that in no
case will a greater departure from the standards of Secs. 72.20-5
through 72.20-55 be permitted than presently exists.
(b) Vessels of 100 gross tons and over, contracted for on or after
March 4, 1915, but prior to January 1, 1941, shall meet the
requirements of this paragraph.
(1) Existing structure, arrangements, materials, and facilities,
previously accepted or approved will be considered satisfactory so long
as they are maintained in a suitable condition to the satisfaction of
the Officer in Charge, Marine Inspection. Minor repairs and alterations
may be made to the same standard as the original construction.
(2) Where reasonable and practicable, a minimum of 1 toilet,
shower, and washbasin shall be provided for each 10 members of the crew
or fraction thereof.
(3) Crew spaces shall have a volume of at least 3.4 m\3\ (120
ft\2\) and a deck
[[Page 66002]]
area of at least 1.5 m\2\ (16 ft\3\) for each person accommodated.
(4) Each crewmember shall have a separate berth, and berths may not
be placed more than two high.
(5) Each vessel, which in the ordinary course of its trade makes a
voyage of more than 3 days duration between ports and which carries a
crew of twelve or more persons, shall be provided with a suitable
hospital space for the exclusive use of the sick or injured. Berths
shall be provided in the ratio of 1 berth for each twelve members of
the crew or fraction thereof, but the number of berths need not exceed
6.
(6) The crew spaces shall be securely constructed, properly
lighted, heated, drained, ventilated, equipped, located, and arranged,
and where practicable shall be insulated from undue noise and odors.
(d) Vessels of 100 gross tons and over, contracted for on or after
January 1, 1941, but prior to November 19, 1952, shall meet the
requirements of this paragraph.
(1) Existing structure, arrangements, materials, and facilities,
previously accepted or approved will be considered satisfactory so long
as they are maintained in a suitable condition to the satisfaction of
the Officer in Charge, Marine Inspection. Minor repairs and alterations
may be made to the same standard as the original construction.
(2) There shall be a minimum of one toilet, shower, and washbasin
for each eight members of the crew or fraction thereof who are not
accommodated in rooms having attached private or semi-private
facilities. Washbasins, showers, and bathtubs if substituted for
showers, shall be equipped with proper plumbing, including hot and cold
running water.
(3) Crew spaces shall have a volume of at least 3.4 m\3\ (120
ft\2\) and a deck area of at least 1.5 m\2\ (16 ft\3\) for each person
accommodated.
(4) Each crewmember shall have a separate berth, and berths may not
be placed more than two high.
(5) Each vessel, which in the ordinary course of its trade makes a
voyage of more than 3 days duration between ports and which carries a
crew of twelve or more persons, shall be provided with a suitable
hospital space for the exclusive use of the sick or injured. Berths
shall be provided in the ratio of 1 berth for each twelve members of
the crew or fraction thereof, but the number of berths need not exceed
6.
(6) The crew spaces shall be securely constructed, properly
lighted, heated, drained, ventilated, equipped, located, and arranged,
and where practicable shall be insulated from undue noise and odors.
PART 76--FIRE PROTECTION EQUIPMENT
52. The authority citation for Part 76 continues to read as
follows:
Authority: 46 U.S.C. 3306, E.O. 12243, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
53. Section 76.05-20 is revised to read as follows:
Sec. 76.05-20 Fixed fire extinguishing systems.
Approved fire extinguishing systems shall be installed, as required
by Table 76.05-1(a) on all self-propelled vessels and on all barges
with sleeping accommodations for more than six persons.
Sec. 76.05-30 [Removed]
54. Section 76.05-30 is removed.
55. In Sec. 76.10-10, paragraphs (j-1) and (j-2) are removed,
paragraph (k) and (l) is redesignated as paragraphs (m) and (n),
paragraph (j) is revised and new paragraphs (k) and (l) are added to
read as follows:
Sec. 76.10-10 Fire hydrants and hose.
* * * * *
(j) Each fire hose on each hydrant must have a combination solid
stream and water spray fire hose nozzle that meets the requirements in
Subpart 162.027 of this chapter. Fire hose nozzles previously approved
under Subpart 162.027 of this chapter may be retained so long as they
are maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection.
(k) Fire hose nozzles previously approved under Subpart 162.027 of
this chapter in the following locations must have low-velocity water
spray applicators also previously approved under Subpart 162.027 of
this chapter.
(1) In accommodation and service areas, two fire hoses.
(2) In each propulsion machinery space containing an oil-fired
boiler, internal combustion machinery, or oil fuel unit on a vessel on
an international voyage or of 1000 gross tons or more, each fire hose.
The length of each applicator must be not more than 1.8 m (6 feet).
(1) Fixed brackets, hooks, or other means for stowing an applicator
must be next to each fire hydrant that has an applicator under
paragraph (k) of this section.
* * * * *
56. In Sec. 76.10-90, paragraph (a)(7) is removed and paragraph
(a)(6) is revised to read as follows:
Sec. 76.10-90 Installations contracted for prior to May 26, 1965.
(a) * * *
(6) Firehose nozzles and low velocity spray applicators must meet
the requirements of Secs. 76.10-10(j), 76.10-10(k) and 76.10-10(l).
57. Subpart 76.13 is revised to read as follows:
Subpart 76.13--System Smothering Systems
Sec. 76.13-1 Application.
Steam smothering systems are not permitted on vessels contracted
for on or after January 1, 1962. Previously approved installations may
be retained as long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
58. 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.
59. Section 77.27-1 is revised to read as follows:
Sec. 77.27-1 When required.
All mechanically propelled vessels of 500 gross tons and over in
ocean or coastwise service, and all mechanically propelled vessels of
500 gross tons and over in Great Lakes service certificated for service
on the River St. Lawrence eastward of the lower exit of the St. Lambert
Lock at Montreal, Canada, shall be fitted with an efficient electronic
deep-sea sounding apparatus.
PART 78--OPERATIONS
60. 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.
Subpart 78.03--[Removed]
61. Subpart 78.03 is removed.
Subpart 78.20--[Removed]
62. Subpart 78.20 is removed.
63. In Sec. 78.21-1, paragraphs (a), (b), (c) and (d) are removed,
paragraphs, (e) and (f) are redesignated as paragraphs (b) and (c),
respectively, and a new paragraph (a) is added to read as follows:
[[Page 66003]]
Sec. 78.21-1 Data required.
(a) The information on the maneuvering characteristics fact sheet
required by 33 CFR 164.35(g) must be:
(1) Verified six months after the vessel is placed into service; or
(2) Modified six months after the vessel is placed into service and
verified within three months thereafter.
* * * * *
Subpart 78.25--[Removed]
64. Subpart 78.25 is removed.
65. Subpart 78.35 is revised to read as follows:
Subpart 78.35--Communication between deckhouses
Sec. 78.35-1 When required.
On all vessels navigating in other than protected waters, where the
distance between deckhouses is more than 46 m (150 ft) a fixed means of
facilitating communication between both ends of the vessel, such as a
raised fore and aft bridge or side tunnels, shall be provided.
Previously approved arrangements may be retained so long as they are
maintained in satisfactory condition to the satisfaction of the Officer
in Charge, Marine Inspection.
66. Section 78.37-3 is revised to read as follows:
Sec. 78.37-3 Logbooks and records.
(a) The master or person in charge of a vessel that is required by
46 U.S.C. 11301 to have an official logbook shall maintain the logbook
on Form CG-706. When the voyage is completed, the master or person in
charge shall file the logbook with the Officer in Charge, Marine
Inspection.
(b) The master or person in charge of a vessel that is not required
by 46 U.S.C. 11301 to have an official logbook, shall maintain, on
board, an unofficial logbook or record in any form desired for the
purposes of making entries therein as required by law or regulations in
this subchapter. Such logs or records are not filed with the Officer in
Charge, Marine Inspection, but shall be kept available for review by a
marine inspector for a period of one year after the date to which the
records refer. Separate records of tests and inspections of
firefighting equipment shall be maintained with the vessel's logs for
the period of validity of the vessel's certificate of inspection.
Sec. 78.47-67 [Removed]
67. Section 78.47-67 is removed.
68. Subpart 78.53 is revised to read as follows:
Subpart 78.53--Placard of Lifesaving Signals
Sec.
78.53-1 Application.
78.53-5 Availability.
Sec. 78.53-1 Application.
The provisions of this subpart shall to all vessels on an
international voyage, and all other vessels of 150 gross tons or over
in ocean, coastwise or Great Lakes service.
Sec. 78.53-5 Availability.
On all vessels to which this subpart applies there shall be readily
available to the deck officer of the watch a placard containing
instructions for the use of the lifesaving signals set forth in
Regulation 16, Chapter V, of the International Convention for Safety of
Life at Sea, 1974. These signals shall be used by vessels or persons in
distress when communicating with lifesaving stations and maritime
rescue units.
69. Section 78.57-1 is revised to read as follows:
Sec. 78.57-1 All personnel must comply.
All licensed masters, officers, and certificated seamen on United
States vessels shall comply strictly with routing instructions issued
by competent naval authority.
Subpart 78.75--[Removed]
70. Subpart 78.75 is removed.
Subpart 78.80--[Removed]
71. Subpart 78.80 is removed.
Subpart 78.85--[Removed]
72. Subpart 78.85 is removed.
PART 92--CONSTRUCTION AND ARRANGEMENT
73. The authority citation for Part 92 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 92.01-13 [Removed]
74. Section 92.01-13 is removed.
75. Subpart 92.20 is revised to read as follows:
Subpart 92.20--Accommodations for Officers and Crew
Sec.
92.20-1 Application.
92.20-5 Intent.
92.20-10 Location of crew spaces.
92.20-15 Construction.
92.20-20 Sleeping accommodations.
92.20-25 Washrooms and toilet rooms.
92.20-30 Messrooms.
92.30-35 Hospital space.
92.20-40 Other spaces.
92.20-45 Lighting.
92.20-50 Heating.
92.20-55 Insect screens.
92.20-90 Vessels contracted for prior to November 19, 1952.
Sec. 92.20-1 Application.
(a) The provisions of this subpart, with the exception of Sec.
92.20.90, shall apply to all vessels of 100 gross tons and over
contracted for on or after November 19, 1952. Vessels of 100 gross tons
and over contracted for prior to November 19, 1952 shall meet the
requirements of Sec. 92.20-90.
(b) Vessels of less than 100 gross tons shall meet the applicable
requirements of this subpart insofar as is reasonable and practicable.
Sec. 92.20-5 Intent.
It is the intent of this subpart that the accommodations provided
for officers and crew on all vessels shall be securely constructed,
properly lighted, heated, drained, ventilated, equipped, located,
arranged, and, where practicable, shall be insulated from undue noise,
heat and odors.
Sec. 92.20-10 Location of crew spaces.
(a) Crew spaces shall be located, where practicable, so that the
maximum amount of fresh air and light are obtainable.
(b) Crew quarters shall not be located farther forward in a vessel
than a vertical plane located at 5 percent of the vessel's length abaft
the forward side of the stem at the designed summer load waterline.
However, for vessels in other than ocean services, this distance need
not exceed 8.5 m (28 ft). For the purpose of this paragraph, the length
shall be as defined in Sec. 42.13-15 of Subchapter E (Load Lines) of
this chapter.
There shall be no direct communication, except through solid, close
fitted doors or hatches between crew spaces and chain lockers, cargo,
or machinery spaces.
(d) There shall be no access, vents, or sounding tubes from fuel or
cargo oil tanks opening into crew spaces, except that sounding tubes
and access openings may be located in corridors.
Sec. 92.20-15 Construction.
All crew spaces are to be constructed in a manner suitable to the
purpose for which they are intended. The accommodations provided for
officers and crew on all vessels shall be securely constructed,
properly lighted, heated, drained, ventilated, equipped, located,
arranged, and, where practicable, shall be insulated from undue noise,
heat and odors.
[[Page 66004]]
Sec. 92.20-20 Sleeping accommodations.
(a) Each department head and watchstanding officer shall have a
separate stateroom.
(b) Sleeping accommodations for the crew shall be divided into
rooms, no one of which shall berth more than four persons.
(c) Each room shall be of such size that there is at least 2.78
m\2\ (30 ft\3\) of deck area and a volume of at least 5.8 m\3\ (210
ft\2\) for each person accommodated. The clear headroom shall be not
less than 190 cm (75 in). In measuring sleeping quarters allocated to
crews of vessels, any furnishings contained therein for the use of the
occupants are not to be deducted from the total volume or deck area.
(d) Each person shall have a separate berth and not more than one
berth shall be placed above another. The berths shall be composed of a
material not likely to corrode. The overall size of a berth shall not
be less than 68 cm (27 in) wide by 190 cm (75 in) long. Where two tiers
of berths are fitted, the bottom of the lower berth must not be less
than 30 cm (12 in) above the deck. The berths shall not be obstructed
by pipes, ventilating ducts, or other installations.
(e) A locker provided for each person accommodated in a room.
Sec. 92.20-25 Washrooms and toilet rooms.
(a) There shall be provided at least one toilet, one washbasin, and
one shower or bathtub for each eight members or portion thereof in the
crew to be accommodated. The crew to be accommodated shall include all
members who do not occupy rooms to which private or semiprivate
facilities are attached.
(b) The toilet rooms and washrooms shall be located convenient to
the sleeping quarters of the crew to which they are allotted but shall
not open directly into such quarters except when they are provided as
private or semiprivate facilities.
(c) All washbasins, showers, and bathtubs shall be equipped with
proper plumbing, including hot and cold running water. All toilets
shall be installed with proper plumbing for flushing.
(d) At least one washbasin shall be fitted in each toilet room,
except where private or semi-private facilities are provided and
washbasins are installed in the sleeping rooms.
(e) When more than one toilet is located in a space, each toilet
shall be separated by partitions.
Sec. 92.20-30 Messrooms.
Messrooms shall be located as near to the galley as practicable.
The messrooms shall be of such size as to seat the number of persons
normally scheduled to be eating at one time.
Sec. 92.20-35 Hospital space.
(a) Except as specifically modified by paragraph (f) of this
section, each vessel which in the ordinary course of its trade makes
voyages of more than 3 days duration between ports and which carries a
crew of twelve or more, shall be provided with a hospital space. This
space shall be situated with due regard to the comfort of the sick so
that they may receive proper attention in all weathers.
(b) The hospital shall be suitably separated from other spaces and
shall be used for the care of the sick and for no other purpose.
(c) The hospital shall be fitted with berths in the ratio of one
berth to every twelve members of the crew or portion thereof who are
not berthed in single occupancy rooms, but the number of berths need
not exceed six.
(e) The hospital shall have a toilet, washbasin, and bath tub or
shower conveniently situated. Other necessary suitable equipment of
such character as clothes locker, table, seat, etc., shall be provided.
(f) On vessels in which the crew is berthed in single occupancy
rooms a hospital space will not be required, provided, that one room
shall be designated and fitted for use as a treatment and isolation
room. Such room shall meet the following standards:
(1) The room must be available for immediate medical use; and,
(2) A washbasin with hot and cold running water must be installed
either in or immediately adjacent to the space and other required
sanitary facilities must be conveniently located.
Sec. 92.20-40 Other spaces.
(a) Sufficient facilities shall be provided where the crew may wash
and dry their own clothes. There shall be at least one sink supplied
with hot and cold fresh water.
(b) Recreation accommodations shall be provided.
Sec. 92.20-45 Lighting.
Berth lights shall be provided for each member of the crew.
Sec. 92.20-50 Heating.
(a) All crew spaces shall be adequately heated in a manner suitable
to the purpose of the space.
(b) Radiators and other heating apparatus shall be so placed, and
where necessary shielded, as to avoid risk of fire, danger or
discomfort to the occupants. Pipes leading to radiators or heating
apparatus shall be lagged where those pipes create a hazard to persons
occupying the space.
Sec. 92.20-55 Insect screens.
Provisions shall be made to protect the crew quarters against the
admission of insects.
Sec. 92.20-90 Vessels contracted for prior to November 19, 1952.
(a) Vessels of less than 100 gross tons, contracted for prior to
November 19, 1952 shall meet the general intent of Sec. 92.20-5 and in
addition shall meet the following requirements:
(1) Existing structure, arrangements, materials, and facilities,
previously accepted or approved will be considered satisfactory so long
as they are maintained in a suitable condition to the satisfaction of
the Officer in Charge, Marine Inspection. Minor repairs and
alternations may be made to the same standard as the original
construction.
(b) Vessels of 100 gross tons and over, contracted for prior to
March 4, 1915, shall meet the requirements of this paragraph.
(1) Existing structure, arrangements, materials, and facilities,
previously approved will be considered satisfactory so long as they are
maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection. Minor repairs and alterations may be made to
the same standard as the original construction: Provided, That in no
case will a greater departure from the standards of 92.20-5 through
92.20-55 be permitted than presently exists.
(c) Vessels of 100 gross tons and over, contracted for on or after
March 4, 1915, but prior to January 1, 1941, shall meet the
requirements of this paragraph.
(1) Existing structure, arrangements, materials, and facilities,
previously approved will be considered satisfactory so long as they are
maintained in a suitable condition to the satisfaction of the Officer
in Charge, Marine Inspection. Minor repairs and alternations may be
made to the same standard as the original construction.
(2) Each vessel, which in the ordinary course of its trade makes a
voyage of more than three days duration between ports and which carries
a crew of 12 or more persons, shall be provided with a suitable
hospital space for the exclusive use of the sick or injured.
(3) The crew spaces shall be securely constructed, properly
lighted, heated, drained, ventilated, equipped, located, and arranged,
and where practicable, shall be insulated from undue noise and odors.
(d) Vessels of 100 gross tons and over, contracted for on or after
January 1,
[[Page 66005]]
1941, but prior to November 19, 1952, shall meet the requirements of
this paragraph.
Existing structure, arrangements, materials, and facilities,
previously approved will be considered satisfactory so long as they are
maintained in a suitable condition to the satisfaction of the Officer
in Charge, Marine Inspection. Minor repairs and alternations may be
made to the same standard as the original construction.
(2) Washbasins, showers, and bath tubs if substituted for showers,
shall be equipped with proper plumbing including hot and cold running
water.
(3) Each crewmember shall have a separate berth, and berths may not
be placed more than two high.
(4) Each vessel, which in the ordinary course of its trade makes a
voyage of more than three days duration between ports and which carries
a crew of twelve or more persons, shall be provided with a suitable
hospital space for the exclusive use of the sick or injured. Berths
shall be provided in the ratio of one berth for each twelve members of
the crew or fraction thereof, but the number of berths need not exceed
six.
(5) The crew spaces shall be securely constructed, properly
lighted, heated, drained, ventilated, equipped, located and arranged,
and where practicable, shall be insulated from undue noise and odors.
PART 95--FIRE PROTECTION EQUIPMENT
76. 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.
77. In Sec. 95.05-10, paragraph (g) is removed and paragraphs (b)
and (c) are revised to read as follows:
Sec. 95.05-10 Fixed fire extinguishing systems.
* * * * *
(b) A fixed carbon dioxide or other approved system shall be
installed in all cargo compartments and tanks for combustible cargo,
except that vessels engaged exclusively in the carriage of coal or
grain in bulk need not be fitted with such system. For cargo
compartments and tanks fitted with a fixed carbon dioxide or other
approved system a deck foam system is not required. In lieu of the
carbon dioxide system or other approved system, the following systems
may be used or required in special cases:
(1) A fixed foam system may be used in cargo tanks.
(2) In cases where a cargo is normally accessible and is considered
to be a part of the working or living quarters, a water sprinkling
system may be required, and the details of such system will be subject
to special approval.
(3) Spaces ``specially suitable for vehicles'' shall be fitted with
an approved carbon dioxide system. Alternately, the Commandant may
permit the installation of an approved water sprinkler system or other
suitable system.
(c) On vessels other than motorboats, a fixed carbon dioxide or
other approved system shall be installed in all lamp and paint lockers,
oil rooms, and similar spaces.
* * * * *
Sec. 95.05-20 [Removed]
78. Section 95.05-20 is removed.
79. In Sec. 95.10-10, paragraphs (i), (i-1), (i-2) and (1) are
removed, paragraphs (j) and (k) are redesignated as paragraphs (l) and
(m), respectively, and new paragraphs (i), (j), (k), (n), (n)(1),
(n)(2) an (n)(3) are added to read as follows:
Sec. 95.10-10 Fire hydrants and hose.
* * * * * * *
(i) Except as allowed in this paragraph, each fire hose on each
hydrant must have a combination solid stream and water spray fire hose
nozzle approved under Subpart 162.027 of this chapter. Fire hose
nozzles previously approved under Subpart 162.027 of this chapter may
be retained so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
(j) In each propulsion machinery space containing an oil fired
boiler, internal combustion machinery, or oil fuel unit on a vessel on
an international voyage or of 1,000 gross tons or more, each fire hose
having a combination nozzle previously approved under Subpart 162.027
of this chapter must have a low-velocity water spray applicator that is
also previously approved under Subpart 162.027 of this chapter. The
length of the applicator must be less than 1.8 m (6 feet).
(k) Fixed brackets, hooks, or other means for stowing an applicator
must be next to each fire hydrant that has an applicator under
paragraph (j) of this section.
* * * * *
(n) Fire hose and couplings shall be as follows:
(1) Couplings shall be of brass, bronze, or other equivalent metal.
National Standard fire hose coupling threads shall be used for the 38
mm (1\1/2\ inch) and 64 mm (2\1/2\ inch) sizes.
(2) Where 19 mm (\3/4\ inch) hose is permitted by Table 95.10-5(a),
the hose and couplings shall be of good commercial grade.
(3) Each section of fire hose must be lined commercial fire hose
that conforms to Underwriters' Laboratories, Inc. Standard 19 or
Federal Specification--H-451E. Hose that bears the label of
Underwriters' Laboratories, Inc. as lined fire hose is accepted as
conforming to this requirement.
* * * * *
80. In Sec. 95.10-90, paragraph (a)(6) is removed and paragraph
(a)(5) is revised to read as follows:
Sec. 95.10-90 Installations contracted for prior to May 26, 1965.
(a) * * *
(5) Firehose nozzles and low velocity spray applicators must meet
the requirements of 95.10-10(i), 95.10-10(j) and 95.10-10(k).
81. Subpart 95.13 is revised to read as follows:
Subpart 95.13--Steam Smothering Systems
Sec. 95.13-1 Application.
Steam smothering systems are not permitted on vessels contracted
for on or after January 1, 1962. Previously approved installations may
be retained as long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
82. 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.
83. Section 96.27-1 is revised to read as follows:
Sec. 96.27-1 When required.
All mechanically propelled vessels of 500 gross tons and over in
ocean or coastwise service and all mechanically propelled vessels of
500 gross tons and over in Great Lakes service and certificated for
service on the River St. Lawrence eastward of the lower exit of the St.
Lambert Lock at Montreal, Canada, shall be fitted with an efficient
electronic sounding apparatus.
PART 97--OPERATIONS
84. The authority citation for Part 97 is revised 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.
[[Page 66006]]
Subpart 97.03--[Removed]
85. Subpart 97.03 is removed.
Subpart 97.17--[Removed]
86. Subpart 97.17 is removed.
87. In Sec. 97.19-1, paragraphs (a), (b) and (c) are removed,
paragraphs (d), (e) and (f) are redesignated as paragraphs (a), (b) and
(c), respectively, and the new paragraph (a) is revised to read as
follows:
Sec. 97.19-1 Data required.
* * * * *
(a) The information on the maneuvering characteristics fact sheet
required by 33 CFR 164.35(g) must be:
* * * * *
Subpart 97.23--[Removed]
88. Subpart 97.23 is removed.
89. Subpart 97.33 is revised to read as follows:
Subpart 97.33--Communication Between Deckhouses
Sec. 97.33-1 When required.
On all vessels navigating in other than protected waters, where the
distance between deckhouses is more than 46 m (150 ft) a fixed means of
facilitating communication between both ends of the vessel, such as a
raised fore and aft bridge or side tunnels, shall be provided.
Previously approved arrangements may be retained so long as they are
maintained in satisfactory condition to the satisfaction of the Officer
in Charge, Marine Inspection.
90. Section 97.35-3 is revised to read as follows:
Sec. 97.35-3 Logbooks and records.
(a) The master or person in charge of a vessel that is required by
46 U.S.C. 11301 to have an official logbook shall maintain the logbook
on Form CG-706. When a voyage is completed, or after a specified period
of time, the master or person in charge shall file the logbook with the
Officer in Charge, Marine Inspection.
(b) The master or person in charge of a vessel that is not required
by 46 U.S.C. 11301 to have an official logbook, shall maintain, on
board, an unofficial logbook or record in any form desired for the
purposes of making entries therein as required by law or regulations in
this subchapter. Such logs or records are not filed with the Officer in
Charge, Marine Inspection, but shall be kept available for review by a
marine inspector for a period of one year after the date to which the
records refer. Separate records of tests and inspections of
firefighting equipment shall be maintained with the vessel's logs for
the period of validity of the vessel's certificate of inspection.
Sec. 97.35-10 [Removed]
91. Section 97.35-10 is removed.
Sec. 97.37-45 [Removed]
92. Section 97.37-45 is removed.
93. Subpart 97.43 is revised to read as follows:
Subpart 97.43--Placard of Lifesaving Signals
Sec.
97.43-1 Application.
97.43-5 Availability.
Sec. 97.43-1 Application.
The provisions of this subpart shall apply to all vessels on an
international voyage, and all other vessels of 150 gross tons or over
in ocean, coastwise or Great Lakes service.
Sec. 97.43-5 Availability.
On all vessels to which this subpart applies there shall be readily
available to the deck officer of the watch a placard containing
instructions for the use of the lifesaving signals set forth in
Regulation 16, Chapter V, of the International Convention for Safety of
Life at Sea, 1974. These signals shall be used by vessels or persons in
distress when communicating with lifesaving stations and maritime
rescue units.
94. Section 97.47-1 is revised to read as follows:
Sec. 97.47-1 All persons must comply.
All licensed masters, officers, and certificated seamen on United
States vessels must comply strictly with routing instructions issued by
competent naval authority.
Subpart 97.60--[Removed]
95. Subpart 97.60 is removed.
Subpart 97.70--[Removed]
96. Subpart 97.70 is removed.
Subpart 97.75--[Removed]
97. Subpart 97.75 is removed.
PART 108--DESIGN AND EQUIPMENT
98. The authority citation for Part 108 is revised to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; 49 CFR 1.46.
Sec. 108.403 [Amended]
99. In Sec. 108.403, the words ``, water spray,'' are removed from
paragraph (b).
100. In Sec. 108.425, paragraph (c) and the introductory text of
paragraph (d) are revised to read as follows:
Sec. 108.425 Fire hoses and associated equipment.
* * * * *
(c) Each nozzle for a fire hose in a fire main system must be a
combination solid stream and water spray fire hose nozzle that is
approved under Subpart 162.027. Combination solid stream and water
spray nozzles previously approved under Subpart 162.027 of this chapter
may be retained so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
(d) A combination solid stream and water spray fire hose nozzle
previously approved under Subpart 162.027 of this chapter installed in
the following locations must have a low-velocity spray applicator also
previously approved under Subpart 162.027 of this chapter----
* * * * *
Sec. 108.613 [Removed]
101. Section 108.613 is removed.
PART 109--OPERATIONS
102. The authority citation for Part 109 is revised to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104; 49 CFR
1.46.
Sec. 109.583 [Removed]
103. Section 109.583 is removed.
PART 153--SHIPS CARRYING BULK LIQUID, LIQUEFIED GAS, OR COMPRESSED
GAS HAZARDOUS MATERIALS
104. 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. 1804. 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).
105. In Sec. 153.9, paragraph (a) introductory text is revised to
read as follows:
Sec. 153.9 Foreign flag vessel endorsement application.
(a) Application for a vessel whose flag administration is signatory
to MARPOL 73/78 and issues IMO Certificates. A person who desires a
Certificate of Compliance endorsed to carry a cargo in Table 1 of this
part, as described in 153.900, must request the endorsement from the
cognizant Officer in Charge, Marine Inspection and have aboard the
vessel copies of IMO Certificates issued by the vessel's administration
and the following:
* * * * *
[[Page 66007]]
Sec. 153.16 [Amended]
106. In Sec. 153.16, the introductory text is amended by replacing
``Certificate of Compliance endorsed with the name of a cargo,'' with
``Certificate of Compliance endorsed to carry a cargo.''
Sec. 153.808 [Amended]
107. Section 153.808 is amended by replacing ``Certificate of
Compliance endorsed with the name of a cargo,'' with ``Certificate of
Compliance endorsed to carry a cargo''.
108. Section 153.809 is revised to read as follows:
Sec. 153.809 Procedures for having the Coast Guard examine a vessel
for a Certificate of Compliance.
The owner of a foreign flag vessel wishing to have the Coast Guard
conduct a Certificate of Compliance examination, as required by
Sec. 153.808, must proceed as follows:
(a) Notify the Officer in Charge, Marine Inspection, for the port
where the vessel is to be inspected at least seven days before the
vessel arrives and arrange the exact time and other details of the
examination. This notification is in addition to any other pre-arrival
notice to the Coast Guard required by other regulations, but may be
concurrent with the endorsement application in 153.9, and must include:
(1) The name of the vessel's first U.S. port of call;
(2) The date the vessel is scheduled to arrive;
(3) The name and telephone number of the owner's local agent; and
(4) The names of all cargoes listed in Table 1 of this part that
are on board the vessel.
(b) Make certain that the following plans are on board the vessel
and available to the Marine Inspector before the examination required
by 153.808 is begun:
(1) A general arrangement (including the location of fire fighting,
safety and lifesaving gear);
(2) A capacity plan;
(3) A schematic diagram of cargo piping on deck and in tanks
(including the location of all valves and pumps); and
(4) A schematic diagram of cargo tank vent piping (including the
location of relief valves and flame screens).
109. In Sec. 153.902, paragraph (b) and (c) are revised to read as
follows:
Sec. 153.902 Expiration and invalidation of the Certificate of
Compliance.
* * * * *
(b) The endorsement of a Certificate of Compliance under this part
is invalid if the ship does not have a valid IMO Certificate of
Fitness.
(c) The endorsement on a Certificate of Compliance invalidated
under paragraph (b) of this section, becomes valid once again when the
ship has the IMO Certificate of Fitness revalidated or reissued.
PART 160--LIFESAVING EQUIPMENT
110. 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.
Subpart 160.018--[Removed]
111. Subpart 160.018 is removed.
Subpart 160.034--[Removed]
112. Subpart 160.034 is removed.
PART 162--ENGINEERING EQUIPMENT
113. The authority citation for Part 162 continues to read as
follows:
Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104,
4302; 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.
114. Subpart 162.027 is revised to read as follows:
Subpart 162.027--Combination Solid Stream and Water Spray Fire Hose
nozzle
Sec.
162.027-1 Incorporation by reference.
162.027-2 Design, construction, testing and marking requirements.
167.027-3 Approval procedures.
Sec. 162.027-1 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, and at the U.S. Coast Guard, Design and Engineering Standards
Division (G-MMS), 2100 Second Street 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:
American Society for Testing and Materials, 1916 Race Street,
Philadelphia, PA 19103
ASTM F 1546-94, Standard Specification for Fire Hose nozzles, 1994--
162.027-2, 162.027-3
Sec. 162.027-2 Design, construction, testing and marking requirements.
Each combination solid stream and water spray nozzle shall meet the
requirements of ASTM F 1546-94.
Sec. 162.027-3 Approval procedures.
(a) All inspections and tests required by ASTM F 1546-94 shall be
performed by an independent laboratory accepted by the Coast Guard
under subpart 159.010 of this chapter. A list of independent
laboratories accepted by the Coast Guard as meeting subpart 159.010 of
this chapter may be obtained by contacting the Commandant (G-MMS).
(b) Upon completion of the testing required by ASTM F 1546-94, the
independent laboratory shall prepare a report on the results of the
testing and shall furnish the manufacturer with a copy of the test
report.
PART 164--MATERIALS
115. The authority citation for part 164 is revised 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.
Subpart 164.016--[Removed]
116. Subpart 164.016 is removed.
PART 167--PUBLIC NAUTICAL SCHOOL SHIPS
117. 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.
Sec. 167.40-20 [Amended]
118. In Sec. 167.40-20, the words ``in addition to the ordinary
deep-sea hand lead'' are removed.
Sec. 167.40-35 [Removed]
119. Section 167.40-35 is removed.
120. In Sec. 167.45-40, paragraphs (c-1) and (c-2) are removed and
paragraphs (a), (b) and (c) are revised to read as follows:
Sec. 167.45-40 Fire fighting equipment on nautical schoolships using
oil as fuel.
* * * * *
(a) In each boiler room and in each of the machinery spaces of a
nautical school ship propelled by steam, in which a part of the fuel-
oil installation is situated, two or more approved fire extinguishers
of the foam type of not less than 9.5 L (2\1/2\ gallons) each or two or
more approved fire extinguishers of the carbon dioxide type of not less
than 33 kg (15 pounds) each shall be placed where accessible and ready
for
[[Page 66008]]
immediate use: Provided, That on a nautical school ship of 1,000 gross
tons and under only one of the fire extinguishers may be required.
(b) In boiler and machinery spaces, at least two fire hydrants must
have a fire hose of a length that allows each part of the boiler and
machinery spaces to be reached by the combination nozzle.
(c) Each fire hose under paragraph (b) of this section must have a
combination solid stream and water spray nozzle that meets subpart
162.027 of this chapter. A combination nozzle and a low-velocity spray
applicator previously approved under subpart 162.027 of this chapter
may remain so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
* * * * *
Sec. 167.45-55 [Removed]
121. Section 167.45-55 is removed.
Subpart 167.50--[Removed]
122. Subpart 167.50 is removed.
123. In Sec. 167.55-5, paragraph (i) is removed, paragraph (j) is
redesignated as paragraph (i) and the new paragraph (i)(1) is revised
to read as follows:
Sec. 167.55-5 Marking of fire and emergency equipment, etc.
* * * * *
(i) * * *
(1) All lifeboats, rigid type oars and paddles, life preservers,
EPIRB and life buoys shall be painted or branded with the name of the
nautical school ship.
* * * * *
Sec. 167.65-3 [Removed]
124. Section 167.65-3 is removed.
Sec. 167.65-10 [Removed]
125. Section 167.65-10 is removed.
126. Section 167.65-15 is revised to read as follows:
Sec. 167.65-15 Routing instructions; strict compliance with.
All licensed masters, officers, and certificated seamen on nautical
school ships must comply strictly with routing instructions issued by
competent naval authority.
Sec. 167.65-30 [Removed]
137. Section 167.65-30 is removed.
Sec. 167.65-45 [Amended]
128. In Sec. 167.65-45, paragraphs (a), (b), and (c) are removed
and the paragraph designation ``(d)'' is removed from paragraph (d).
129. Section 167.65-50 is revised to read as follows:
Sec. 167.65-50 Posting placards of lifesaving signals.
On all vessels to which this subpart applies there shall be readily
available to the deck officer of the watch placard containing
instructions for the use of the lifesaving signals set for in
Regulation 16, Chapter V, of the International Convention for Safety of
Life at Sea, 1974. These signals shall be used by vessels or persons in
distress when communicating with lifesaving stations and maritime
rescue units.
PART 168--CIVILIAN NAUTICAL SCHOOL VESSELS
130. The authority citation for Part 168 is revised to read as
follows:
Authority: 46 U.S.C. 3305, 3306; 48 CFR 1.46.
131. Subpart 168.15 is revised to read as follows:
Subpart 168.15--Accommodations
Sec.
168.15-1 Intent.
168.15-5 Locations.
168.15-10 Construction.
168.15-15 Size.
168.15-20 Equipment.
168.15-25 Washrooms.
168.15-30 Toilet rooms.
168.15-35 Hospital space.
168.15-40 Lighting.
168.15-45 Heating.
168.15-50 Ventilation.
168.15-55 Screening.
168.15-60 Inspection.
Sec. 168.15-1 Intent.
It is the intent of this subpart to provide minimum standards for
the size, ventilation, plumbing, and sanitation of quarters assigned to
the members of the crew, passengers, cadets, students, instructors, or
any other persons at any time quartered on board any such vessel.
Sec. 168.15-5 Location.
(a) Quarters shall be located so that sufficient fresh air and
light are obtainable compatible with accepted practice or good
arrangement and construction.
(b) Quarters shall not be located forward of the collision
bulkhead, nor shall such section or sections of any deck occupied by
quarters be below the deepest load line except in special case.
Sec. 168.15-10 Construction.
(a) The accommodations provided must be securely constructed,
properly lighted, heated, drained, ventilated, equipped, located,
arranged, and insulated from undue noise, heat and odors.
(b) All accommodations shall be constructed and arranged so that
they can be kept in a clean, workable, and sanitary condition.
Sec. 168.15-15 Size.
(a) Sleeping accommodations shall be divided into rooms, no one of
which shall berth more than 6 persons. The purpose for which each space
is to be used and the number of persons it may accommodate, shall be
marked.
(b) Each room shall be of such size that there is at least 1.8 m\2\
(20 ft \3\) of deck area and a volume of at least 4.2 m\3\ (150 ft \2\)
for each person accommodated. In measuring sleeping quarters, any
furnishings contained therein are not to be deducted from the total
volume or from the deck area.
Sec. 168.15-20 Equipment.
(a) Each person shall have a separate berth and not more than 1
berth shall be placed above another. The berths shall be of metal
framework. The overall size of a berth shall not be less than 68 cm (27
in) wide by 190 cm (75 in) long. Where 2 tiers of berths are fitted,
the bottom of the lower berth must not be less than 30 cm (12 in) above
the deck, and the bottom of the upper must not be less than 76 cm (30
in) both from the bottom of the lower and from the deck overhead. The
berths shall not be obstructed by pipes, ventilating ducts, or other
installations.
(b) A metal locker shall be provided for each person accommodated
in a room.
Sec. 168.15-25 Washrooms.
(a) There shall be provided 1 shower for each 10 persons or
fraction thereof and 1 wash basin for each 6 persons or fraction
thereof to be accommodated. The persons to be accommodated shall
include all persons who do not occupy rooms to which private facilities
are attached.
(b) All wash basins and showers shall be equipped with proper
plumbing including hot and cold running fresh water.
Sec. 168.15-30 Toilet rooms.
(a) There shall be provided 1 toilet for each 10 persons or
fraction thereof to be accommodated. The persons to be accommodated
shall include all persons who do not occupy rooms to which private
facilities are attached.
(b) The toilet rooms shall be located convenient to the sleeping
quarters of the persons to which they are allotted but shall not open
directly into such quarters except when they are provided as private or
semiprivate facilities.
(c) Where more than one toilet is located in a space or
compartment, each toilet shall be separated by partitions.
[[Page 66009]]
Sec. 168.15-35 Hospital space.
(a) Each vessel shall be provided with a hospital space. This space
shall be situated with due regard for the comfort of the sick so that
they may receive proper attention in all weather.
(b) The hospital shall be suitably separated from other spaces and
shall be used for the care of the sick and for no other purpose.
(c) The hospital shall be fitted with berths in the ratio of 1
berth to every twelve persons, but the number of berths need not exceed
6.
(d) The hospital shall have a toilet, wash basin, and bath tub or
shower conveniently located. Other necessary suitable equipment of a
sanitary type such as clothes locker, table, seat, etc., shall be
provided.
Sec. 168.15-40 Lighting.
All quarters, to include washrooms, toilet rooms, and hospital
spaces, shall be adequately lighted.
Sec. 168.15-45 Heating.
All quarters shall be adequately heated in a manner suitable to the
purpose of the space.
Sec. 168.15-50 Ventilation.
(a) All quarters shall be adequately ventilated in a manner
suitable to the purpose of the space and route of the vessel.
(b) When mechanical ventilation is provided for sleeping rooms,
washrooms, toilet rooms, hospital spaces and messrooms, these spaces
shall be supplied with fresh air equal to at least 10 times the volume
of the room each hour.
Sec. 168.15-55 Screening.
Provision shall be made to protect the quarters against the
admission of insects.
Sec. 168.15-60 Inspection.
The Officer in Charge, Marine Inspection, shall inspect the
quarters of every such vessel at least once in each month or at such
time as the vessel shall enter an American port and shall satisfy
himself that such vessel is in compliance with the regulations in this
part.
PART 169--SAILING SCHOOL VESSELS
132. The authority citation for Part 169 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; E.O. 11735,
38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.45, 1.46;
Sec. 169.117 also issued under the authority of 44 U.S.C. 3507.
Sec. 169.321 [Removed]
133. Section 169.321 is removed.
Sec. 169.569 [Removed]
134. Section 169.569 is removed.
Sec. 169.742 [Removed]
135. Section 169.742 is removed.
PART 189--INSPECTION AND CERTIFICATION
PART 190--CONSTRUCTION AND ARRANGEMENT
136-138. The authority citation for Part 190 continues to read as
follows:
Authority: 46 U.S.C. 2113, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 190.01-13 [Removed]
139. Section 190.01-13 is removed.
140. Subpart 190.20 is revised to read as follows:
Subpart 190.20--Accommodations for Officers, Crew, and Scientific
Personnel
Sec.
190.20-1 Application.
190.20-5 Intent.
190.20-10 Location of crew spaces.
190.20-15 Construction.
190.20-20 Sleeping accommodations.
190.20-25 Washrooms and toilet rooms.
190.20-30 Messrooms.
190.20-35 Hospital space.
190.20-40 Other spaces.
190.20-45 Lighting.
190.20-50 Heating.
190.20-55 Insect screens.
190.20-90 Vessels contracted for prior to March 1, 1968.
Sec. 190.20-1 Application.
(a) The provisions of this subpart, with the exception of
Sec. 190.20-90, shall apply to all vessels contracted for on or after
March 1, 1968.
(b) Vessels contracted for prior to March 1, 1968, shall meet the
requirements of Sec. 190.20-90.
Sec. 190.20-5 Intent.
(a) It is the intent of this subpart that the accommodations
provided for officers, crew, and scientific personnel on all vessels
shall be securely constructed, properly lighted, heated, drained,
ventilated, equipped, located, arranged, and, where practicable, shall
be insulated from undue noise and free from odors.
(b) Provided the intent of this subpart is met, consideration may
be given by the Officer in Charge, Marine Inspection to relax the
requirements relating to the size and separation of accommodations for
scientific personnel.
Sec. 190.20-10 Location of crew spaces.
(a) Crew quarters shall not be located farther forward in the
vessel than a vertical plane located at 5 percent of the vessel's
length abaft the forward side of the stem at the designated summer load
water line. However, for vessels in other than ocean or coastwise
service, this distance need not exceed 8.5 m (28 ft). For purpose of
this paragraph the length shall be as defined in Sec. 43.15-1 of
Subchapter E (Load Lines) of this chapter. No section of the deck of
the crew spaces shall be below the deepest load line, except that in
special cases, the Commandant may approve such an arrangement.
(b) There shall be no direct communication, except through solid,
close fitted doors or hatches between crew spaces and chain lockers, or
machinery spaces.
Sec. 190.20-15 Construction.
All crew spaces are to be constructed in a manner suitable to the
purpose for which they are intended. The accommodations provided for
officers and crew on all vessels shall be securely constructed,
properly lighted, heated, drained, ventilated, equipped, located,
arranged, and, where practicable, shall be insulated from undue noise,
heat and odors.
Sec. 190.20-20 Sleeping accommodations.
(a) Where practicable, each licensed officer shall be provided with
a separate stateroom.
(b) Sleeping accommodations for the crew shall be divided into
rooms, no one of which shall berth more than four persons.
(c) Each room shall be of such size that there are at least 2.78
m\2\ (30 ft\3\) of deck area and a volume of at least 5.8 m\3\ (210
ft\2\) for each person accommodated. The clear head room shall be not
less than 190 cm (75 in). In measuring sleeping accommodations any
furnishings contained therein for the use of the occupants are not to
be deducted from the total volume or from the deck area.
(d) Each person shall have a separate berth and not more than one
berth shall be placed above another. The berth shall be composed of
materials not likely to corrode. The overall size of a berth shall not
be less than 68 cm (27 in) wide by 190 cm (75 in) long, except by
special permission of the Commandant. Where two tiers of berths are
fitted, the bottom of the lower berth must not be less than 30 cm (12
in) above the deck. The berths shall not be obstructed by pipes,
ventilating ducts, or other installations.
(e) A locker shall be provided for each person accommodated in a
room.
Sec. 190.20-25 Washrooms and toilet rooms.
(a) There shall be provided at least one toilet, one washbasin, and
one
[[Page 66010]]
shower or bathtub for each eight members or portion thereof in the crew
to be accommodated. The crew to be accommodated shall include all
members who do not occupy rooms to which private or semi-private
facilities are attached.
(b) The toilet rooms and washrooms shall be located convenient to
the sleeping quarters of the crew to which they are allotted but shall
not open directly into such quarters except when they are provided as
private or semi-private facilities.
(c) All washbasins, showers, and bathtubs shall be equipped with
proper plumbing, including hot and cold running water. All toilets
shall be installed with proper plumbing for flushing. Where more than
one toilet is located in a space or compartment, each toilet shall be
separated by partitions.
Sec. 190.20-30 Messrooms.
Messrooms shall be located as near to the galley as is practicable
except where the messroom is equipped with a steam table. The messroom
shall be of such size as to seat the number of persons normally
scheduled to be eating at one time.
Sec. 190.20-35 Hospital space.
(a) Except as specifically modified by paragraph (f) of this
section, each vessel which in the ordinary course of its trade makes
voyages of more than 3 days duration between ports and which carries a
crew of twelve or more, shall be provided with a hospital space. This
space shall be situated with due regard to the comfort of the sick so
that they may receive proper attention in all weathers.
(b) The hospital shall be suitably separated from other spaces and
shall be used for the care of the sick and for no other purpose.
(c) The hospital shall be fitted with berths in the ratio of one
berth to every twelve members of the crew or portion thereof who are
not berthed in single occupancy rooms, but the number of berths need
not exceed six. Where all single occupancy rooms are provided, the
requirement for a separate hospital may be withdrawn: Provided, That
one stateroom is fitted with a bunk accessible from both sides.
(e) The hospital shall have a toilet, washbasin, and bath tub or
shower conveniently situated. Other necessary suitable equipment of
such character as clothes locker, table, seat, etc., shall be provided.
(f) On vessels in which the crew is berthed in single occupancy
rooms a hospital space will not be required, Provided, That one room
shall be designated and fitted for use as a treatment and isolation
room. Such room shall meet the following standards:
(1) The room must be available for immediate medical use; and
(2) A washbasin with hot and cold running water must be installed
either in or immediately adjacent to the space and other required
sanitary facilities must be conveniently located.
Sec. 190.20-40 Other spaces.
(a) Sufficient facilities shall be provided where the crew may wash
and dry their own clothes. There shall be at least one sink supplied
with hot and cold fresh water.
(b) Recreation accommodations shall be provided.
Sec. 190.20-45 Lighting.
Berth lights shall be provided for each member of the crew.
Sec. 190.20-50 Heating.
(a) All crew spaces shall be adequately heated in a manner suitable
to the purpose of the space.
(b) Radiators and other heating apparatus shall be so placed, and
where necessary shielded, as to avoid risk of fire, danger or
discomfort to the occupants. Pipes leading to radiators or heating
apparatus shall be lagged where those pipes create a hazard to persons
occupying the space.
Sec. 190.20-55 Insect screens.
Provisions shall be made to protect the crew quarters against the
admission of insects.
Sec. 190.20-90 Vessels contracted for prior to March 1, 1968.
Existing structures, arrangements, materials, and facilities
previously approved will be considered satisfactory so long as they are
maintained in good condition to the satisfaction of the Officer in
Charge, Marine Inspection. Minor repairs and alterations may be made to
the same standards as the original construction: Provided, That in no
case will a greater departure from the standards of Sec. 190.20-5
through 190.20-55 be permitted than presently exists.
PART 193--FIRE PROTECTION EQUIPMENT
141. 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.
Sec. 193.05-20 [Removed]
142. Section 193.05-20 is removed.
143. In Sec. 193.10-10, paragraphs (j) and (k) are redesignated
paragraphs (l) and (m), respectively, paragraphs (i-1) and (i-2) are
removed, paragraphs (d) and (i) are revised and new paragraphs (j) and
(k) are added to read as follows:
Sec. 193.10-10 Fire hydrants and hose.
* * * * *
(d) Fire hydrants shall be of sufficient number and so located that
any part of the vessel, other than main machinery spaces, may be
reached with at least 2 streams of water from separate outlets, at
least one of which shall be from a single length of hose. In main
machinery spaces, all portions of such spaces shall be capable of being
reached by at least 2 streams of water, each of which shall be from a
single length of hose from separate outlets; however, this requirement
need not apply to shaft alleys containing no assigned space for the
stowage of combustibles. Fire hydrants shall be numbered as required by
Sec. 196.37-15 of this subchapter.
* * * * *
(i) Each fire hydrant shall have at least one length of fire hose.
Each fire hose must have a combination solid stream and water spray
nozzle that is approved under Subpart 162.027 of this subchapter,
except 19 mm (\3/4\ inch) hose may have a garden hose nozzle that is
bronze or metal with strength and corrosion resistance equivalent to
bronze. Combination solid stream and water spray nozzles previously
approved under Subpart 162.027 of this chapter may be retained so long
as they are maintained in good condition to the satisfaction of the
Officer in Charge, Marine Inspection.
(j) Each of the following must have a low-velocity water spray
applicator previously approved under Subpart 162.027 of this chapter
when the fire hose nozzle was also previously approved under Subpart
162.027 of this chapter.
(1) At least one length of fire hose on each fire hydrant outside
and in the immediate vicinity of each laboratory.
(2) Each fire hose in each propulsion machinery space containing an
oil-fired boiler, internal combustion machinery, or oil fuel unit on a
vessel of 1000 gross tons or more. The length of each applicator must
be 1.2 m (4 feet).
(k) Fixed brackets, hooks, or other means for stowing an applicator
must be next to each fire hydrant that has an applicator under
paragraph (j) of this section.
* * * * *
144. Section 193.10-90 is revised to read as follows:
[[Page 66011]]
Sec. 193.10-90 Installations contracted for prior to March 1, 1968.
Installations contracted for prior to March 1, 1968, shall meet the
following requirements:
(a) Except as specifically modified by this paragraph, the
requirements of Secs. 193.10-5 through 193.10-15 shall be complied with
insofar as the number and general type of equipment is concerned.
(b) Existing equipment, except fire hose nozzles and low-velocity
water spray applicators, previously approved but not meeting the
applicable requirements of Secs. 193.10-5 through 193.10-15, may be
continued in service so long as they are maintained in good condition
to the satisfaction of the Officer in Charge, Marine Inspection. Minor
repairs, alterations, and replacements may be permitted to the same
standards as the original installations. However, all new installations
or major replacements shall meet the applicable requirements in this
subpart for new installations.
(c) The general requirements of Sec. 193.10-5 (c) through (g),
Sec. 193.10-10 (d) through (m), and Sec. 193.10-15 shall be complied
with insofar as is reasonable and practicable.
(d) Each fire hose nozzle must meet Sec. 193.10-10(i), and each
low-velocity water spray applicator must meet Sec. 193.10-10(j).
PART 196--OPERATIONS
145. The authority citation for Part 196 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306, 6101; E.O.
11735; 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Subpart 196.03--[Removed]
146. Subpart 196.03 is removed.
Subpart 196.17--[Removed]
147. Subpart 196.17 is removed.
Subpart 196.18--[Removed]
148. Subpart 196.18 is removed.
149. In Sec. 196.19-1, paragraphs (a), (b) and (c) are removed,
paragraphs (d), (e) and (f) are redesignated as paragraphs (a), (b) and
(c), respectively, and the new paragraph (a) is revised to read as
follows:
Sec. 196.19-1 Data required.
* * * * *
(a) The information on the maneuvering characteristics fact sheet
required by 33 CFR 164.35(g) must be:
* * * * *
150. Subpart 196.23 is removed.
Sec. 196.27-10 [Removed]
151. Section 196.27-10 is removed.
152. Subpart 196.33 is revised to read as follows:
Subpart 196.33--Communication Between Deckhouses
Sec. 196.33-1 When required.
On all vessels navigating in other than protected waters, where the
distance between deckhouses is more that 46 m (150 ft) a fixed means of
facilitating communication between both ends of the vessel, such as a
raised fore and aft bridge or side tunnels, shall be provided.
Previously approved arrangements may be retained so long as they are
maintained in satisfactory condition to the satisfaction of the Officer
in Charge, Marine Inspection.
153. Section 196.35-3 is revised to read as follows:
Sec. 196.35-3 Logbooks and records.
(a) The master or person in charge of an oceanographic research
vessel that is required by 46 U.S.C. 11301 to have an official logbook
may maintain the logbook on Form CG-706 or in the owner's format for an
official logbook. Such logs shall be kept available for a review for a
period of one year after the date to which the records refer or for the
period of validity of the vessel's current certificate of inspection,
whichever is longer. When the voyage is completed, the master or person
in charge shall file the logbook with the Officer in Charge, Marine
Inspection.
(b) The master or person in charge of a vessel that is not required
by 46 U.S.C. 11301 to have an official logbook, shall maintain, on
board, an unofficial logbook or record in any form desired for the
purposes of making entries therein as required by law or regulations in
this subchapter. Such logs or records are not filed with the Officer in
Charge, Marine Inspection, but shall be kept available for review by a
marine inspector for a period of one year after the date to which the
records refer. Separate records of tests and inspections of
firefighting equipment shall be maintained with the vessel's logs for
the period of validity of the vessel's certificate of inspection.
Sec. 196.35-10 [Removed]
154. Section 196.35-10 is removed.
Sec. 196.37-45 [Removed]
155. Section 196.37-45 is removed.
156. Subpart 196.43 is revised to read as follows:
Subpart 196.43--Placard of Lifesaving Signals
Sec.
196.43-1 Application.
196.43-3 Availability.
Sec. 196.43-1 Application.
The provisions of this subpart shall apply to all vessels on an
international voyage, and all other vessels of 150 gross tons or over
in ocean, coastwise or Great Lakes service.
Sec. 196.43-5 Availability.
On all vessels to which this subpart applies there shall be readily
available to the deck officer of the watch a placard containing
instructions for the use of the lifesaving signals set forth in
Regulation 16, Chapter V, of the International Convention for Safety of
Life as Sea, 1974. These signals shall be used by vessels or persons in
distress when communicating with lifesaving stations and maritime
rescue units.
Subpart 196.60--[Removed]
157. Subpart 196.60 is removed.
Subpart 196.75--[Removed]
158. Subpart 196.75 is removed.
Dated: December 8, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 95-30402 Filed 12-19-95; 8:45 am]
BILLING CODE 4910-14-M