[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Rules and Regulations]
[Pages 48044-48052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22981]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 25, 28, 30, 31, 35, 37, 40, 50, 54, 55, 56, 57, 61,
67, 70, 71, 72, 76, 78, 79, 90, 91, 95, 97, 99, 106, 150, 154, 171,
174, 188, and 189
[CGD 95-012]
RIN 2115-AF03
Inspected and Uninspected Commercial Vessels; Removal of Obsolete
and Unnecessary Regulations
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying its regulations for both
inspected and uninspected commercial vessels by removing and revising
obsolete and unnecessary provisions. The Coast Guard expects that this
final rule will 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: This rule is effective on October 18, 1995.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT: LCDR R. K. Butturini, Design and
Engineering Standards Division, Office of Marine Safety, Security, and
Environmental Protection, (202) 267-2206.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this final rule are LCDR
R. K. Butturini, Project Manager, Ms. Shereen Bell, Project Assistant
and LT Rachel Goldberg, Project Counsel, Office of Chief Counsel.
Regulatory History
On May 9, 1995, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Removal of Obsolete and Unnecessary
Regulations'' (60 FR 24748). The Coast Guard received one letter
commenting on the NPRM. No public meeting was requested, and none was
held specifically for this project. A public meeting was held on April
20, 1995 (60 FR 16423) to discuss the Coast Guard's regulatory process
and regulatory reform. Relevant comments made at that meeting have been
considered in this final rule.
Background and Purpose
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.
At an April 20, 1995 public meeting announced in the March 30, 1995
Federal Register (60 FR 16423) and in another notice published in the
May 31, 1995 Federal Register (60 FR 28376), the Coast Guard declared
its commitment to eliminating Coast Guard induced differences between
the requirements that apply to U.S. vessels in international trade and
those requirements that apply to similar vessels in international trade
that fly the flag of responsible foreign nations. The purpose of this
final rule is to begin the process of achieving this goal by removing
or revising regulations that the Coast Guard has found to be obsolete
and unnecessary.
In compiling the list of CFR sections included in this final rule,
the Coast
[[Page 48045]]
Guard did not consider parts of 46 CFR that are under review as part of
other, ongoing regulatory projects. Additional rulemaking projects are
expected to adopt accepted industry standards, remove other obsolete or
unnecessary Coast Guard regulations and solicit public comment on
additional provisions which should be modified or eliminated. Sections
were identified for revision or removal by this rule for the following
reasons:
(a) A regulation includes citation to a long-passed compliance
date;
(b) Vessels or equipment covered under certain regulations have
become impractical due to social or economic changes;
(c) Equipment mandated by regulation is no longer manufactured or
used;
(d) Requirements imposed by regulations are repeated in another
section;
(e) The law cited as authority has been repealed or revoked; or,
(f) The text of the regulation merely repeats statutory language.
Discussion of Comments and Changes
In response to the notice of proposed rulemaking one comment letter
was received. The letter was supportive of the overall efforts by the
Coast Guard to remove and revise obsolete and unnecessary provisions.
The following discussion summarizes the changes being made by this
final rule to Title 46 of the CFR.
1. Passed Compliance Dates
The following regulations are being removed or revised because they
include a reference to a compliance date which has passed. For example,
46 CFR 25.40-1(c) states that modifications for the purposes of
complying with ventilation requirements must be completed by June 1,
1966. These types of references are no longer needed in the regulations
and are being removed.
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Subject addressed by
Cite (46 CFR) Change made regulation
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Sec. 25.40-1(c)..... Removed.............. Motorboat ventilation.
Sec. 28.110(a)...... Date removed......... Life preservers
Sec. 28.115(a)...... Date removed......... Ring life buoys.
Sec. 28.135(a)...... Date removed......... Lifesaving equipment
markings.
Sec. 28.145......... Date removed......... Distress signals.
Sec. 28.210 (c), (d) Dates removed........ First aid equipment and
and (e). training.
Sec. 28.240(a)...... Date removed......... General alarm systems.
Sec. 28.270(c)...... Date removed......... Instructions, drills, and
safety orientation.
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2. Impractical Vessels, Equipment, or Arrangements
Some sections are being removed or revised because they apply to
vessels or equipment that have become impractical due to changes in the
world economy or social values. For example, most of the following
listed regulations concern nuclear-powered vessels, vessels intended to
incinerate waste at sea, and facilities and ships intended for energy
production from differences in seawater temperature. However, no vessel
or facility designed for any of these purposes is currently operating,
and construction of any of these types of vessels or facilities is not
likely in the foreseeable future. Therefore, these regulations are no
longer necessary.
The Coast Guard's regulations concerning ocean thermal energy
conversion vessels were issued as a result of a Congressional mandate
stated in the Ocean Thermal Conversion Act of 1980 (The Act), codified
at 42 U.S.C. 9101 et seq. The Act required the Coast Guard, in
conjunction with the Department of Energy and the National Oceanic and
Atmospheric Administration (NOAA), to promulgate regulations concerning
ocean thermal energy conversion (OTEC) facilities and plantships. In
the fifteen years since Congress passed the Act, there have been no
OTEC facilities or plantships constructed, nor has there been any
indication of any future activity in this area. Therefore, as part of
its effort to cut obsolete and unnecessary regulations, the Coast Guard
after consultation with both the Department of Energy and NOAA, has
decided to remove all of its regulations concerning OTEC facilities and
plantships.
During internal staff review, additional regulations concerning
nuclear vessels and OTEC facilities and plantships were found which had
not been identified for removal in the NPRM. These additional
regulations are also being removed by this rule since they are no
longer necessary. These additional sections being removed from Title 46
CFR are: 31.05-10, 31.40-1, 50.01-10, 50.05-15, 50.20-5, 50.30-10,
54.01-10, 56.01-2, 56.04-1, 56.07-10, 56.20-9, 56.50-25, 56.50-85,
56.60-2, 56.70-15, 57.02-2, 57.06-1, 57.06-4, 57.06-5, 58.03-1, 67.3,
71.01-10, 71.20-15, 71.25-10, 71.75-10, 71.75-20, 91.01-10, 91.20-15,
91.25-10, 91.60-1, 91.60-40, 171.001, 174.005, 189.01-10, 189.20-15,
189.25-10, 189.60-1, 189.60-40.
Another regulation falling into this category concerns steerage
passengers. The Steerage Passenger Act of 1882 (ch. 374, 22 Stat. 186
(1882))(The Steerage Act) established accommodation requirements for
steerage passengers. Steerage passengers historically were passengers
paying the lowest fares for the poorest accommodations and the Steerage
Act was written primarily for the safety of immigrants travelling by
sea to the United States. The Steerage Act was repealed by Congress in
1983 when Subtitle II of 46 U.S.C. (Pub. L. 98-89, 97 Stat. 500) was
revised and consolidated. As a result, regulations addressing carriage
of steerage passengers are no longer necessary.
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Subject addressed by
Cite (46 CFR) Change made regulation
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Sec. 30.01-25....... Removed.............. Nuclear vessel inspection.
Sec. 30.10-44....... Removed.............. Nuclear vessel inspection.
Sec. 31.01-5(b)..... Removed.............. Nuclear vessel inspection.
Sec. 31.05-10....... Revised.............. Nuclear vessels.
Sec. 31.10-15(c).... Removed.............. Nuclear vessel inspection.
Sec. 31.40-1(b)..... Removed.............. Nuclear vessels.
Sec. 31.40-30....... Removed.............. Nuclear vessel inspection.
Sec. 31.40-40(e).... Revised.............. Nuclear vessel inspection.
Part 37.............. Removed.............. Nuclear vessel inspection.
[[Page 48046]]
Sec. 50.01-10....... Revised.............. Nuclear pressure vessels.
Sec. 50.05-15....... Revised.............. Nuclear vessels; Ocean
thermal energy conversion
facilities and
plantships.
Sec. 50.20-5(c)..... Removed.............. Nuclear pressure vessels.
Sec. 50.30-10....... Revised.............. Nuclear pressure vessels.
Sec. 54.01-10....... Revised.............. Nuclear pressure vessels.
Sec. 54.15-5(i) note Removed.............. Nuclear power plants.
Part 55.............. Removed.............. Nuclear power plant
components.
Sec. 56.01-2........ Revised.............. Nuclear power plant
components.
Sec. 56.01-10....... Revised.............. Nuclear power plant
piping.
Sec. 56.04-1........ Revised.............. Nuclear power plant
piping.
Sec. 56.07-10....... Revised.............. Nuclear power plant
piping.
Sec. 56.20-9........ Revised.............. Nuclear power plant
valves.
Sec. 56.30-5(b)(4).. Revised.............. Nuclear power plant
piping.
Sec. 56.50-25....... Revised.............. Nuclear power plant safety
valves.
Sec. 56.50-85....... Revised.............. Nuclear power plant tank
venting.
Sec. 56.60-2........ Revised.............. Nuclear power plant
materials.
Sec. 56.70-15....... Revised.............. Nuclear power plant
piping.
Sec. 57.02-2........ Revised.............. Nuclear power plant
welding.
Sec. 57.06-1........ Revised.............. Nuclear power plant
welding.
Sec. 57.06-4........ Revised.............. Nuclear power plant
welding.
Sec. 56.06-5........ Revised.............. Nuclear power plant
welding.
Sec. 58.03-1........ Revised.............. Nuclear power plant
components.
Sec. 61.01-1(a)..... Revised.............. Nuclear pressure vessels.
Sec. 61.10-1(b)..... Removed.............. Nuclear power plant
components.
Sec. 61.15-1(b)..... Removed.............. Hydrostatic test of
nuclear plant piping.
Subpart 61.25........ Removed.............. Tests and inspections of
nuclear reactor power
plants.
Sec. 67.3........... Revised.............. Ocean thermal energy
conversion facilities and
plantships.
Sec. 70.05-12....... Removed.............. Nuclear vessel inspection.
Sec. 70.10-30....... Removed.............. Nuclear vessel inspection.
Sec. 71.01-10....... Revised.............. Nuclear vessels.
Sec. 71.20-15(b).... Removed.............. Nuclear vessels.
Sec. 71.25-10....... Removed.............. Nuclear vessel inspection.
Sec. 71.75-5........ Revised.............. Nuclear vessel inspection.
Sec. 71.75-10(c).... Removed.............. Nuclear vessels.
Sec. 71.75-20(c).... Revised.............. Nuclear vessels.
Sec. 72.25-5........ Removed.............. Steerage passengers.
Part 79.............. Removed.............. Requirements for nuclear
vessels.
Sec. 90.05-40....... Removed.............. Nuclear vessel inspection.
Sec. 90.10-24....... Removed.............. Nuclear vessel inspection.
Sec. 91.01-10....... Revised.............. Nuclear vessels.
Sec. 91.20-15(c).... Removed.............. Nuclear vessel inspection.
Sec. 91.25-10(b).... Removed.............. Nuclear vessel inspection.
Sec. 91.60-1(b)..... Removed.............. Nuclear vessels.
Sec. 91.60-30....... Removed.............. Nuclear vessel inspection.
Sec. 91.60-40(e).... Removed.............. Nuclear vessels.
Part 99.............. Removed.............. Requirements for nuclear
vessels.
Part 106............. Removed.............. Requirements for ocean
thermal energy conversion
facilities and
plantships.
Part 150, Subpart B.. Removed.............. Incinerator vessels.
Sec. 171.001........ Revised.............. Stability.
Sec. 174.005(c)..... Removed.............. Nuclear vessels; Ocean
thermal energy conversion
facilities and
plantships.
Part 174, Subpart D.. Removed.............. Requirements for nuclear
vessels.
Part 174, Subpart F.. Removed.............. Requirements for ocean
thermal energy conversion
facilities and
plantships.
Sec. 188.05-15...... Removed.............. Nuclear vessels.
Sec. 188.10-47...... Removed.............. Nuclear vessel inspection.
Sec. 189.01-10...... Revised.............. Nuclear vessel inspection.
Sec. 189.20-15(c)... Removed.............. Nuclear vessels.
Sec. 189.25-10(b)... Removed.............. Nuclear vessel inspection.
Sec. 189.60-1....... Revised.............. Nuclear vessels.
Sec. 189.60-30...... Removed.............. Nuclear vessel inspection.
Sec. 189.60-40(e)... Removed.............. Nuclear vessels.
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3. Equipment No Longer Manufactured or Used
Section 35.30-5(c), which pertains to maintaining galley fires, is
being removed because it addresses equipment that is no longer
manufactured or used.
4. Repeated Provisions
The following regulations are being removed because the
requirements they impose are repeated in other, more logical locations
in Title 46 of the CFR. For example, requirements for carriage of vinyl
chloride monomer are contained in 46 CFR part 40, Special Construction,
Arrangement, and Other
[[Page 48047]]
Provisions for Carrying Certain Flammable or Combustible Dangerous
Cargoes in Bulk. More up-to-date requirements are also located in 46
CFR 151.50-34 in subchapter O, Certain Bulk Dangerous Cargoes. Also, 46
CFR 56.50-101 and 56.50-102 contain unnecessary references to
refrigeration and liquefied petroleum gas piping systems, topics
discussed in detail in 46 CFR part 58, Main and Auxiliary Machinery and
Related Systems.
In the following list, the citation to the regulations where the
repeated requirements are being retained in Title 46 CFR is indicated
in square brackets below the section being removed.
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Subject addressed by
Cite (46 CFR) Change made regulation
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Part 40 (Sec. 151.50-34) Removed............ Requirements for vinyl
chloride monomer.
Sec. 56.50-101 (Subpart Removed............ Refrigeration systems.
58.20).
Sec. 56.50-102 (Subpart Removed............ Liquefied petroleum gas
58.16). for domestic service.
Sec. 76.10-10(l)(2) Removed............ Lined fire hose in the
(Sec. 76.10-10(l)(3)). engine room.
Sec. 95.10-10(l)(2) Removed............ Lined fire hose in the
(Sec. 95.10-10(l)(4)). engine room.
Sec. 154.1745 (Sec. Revised............ Requirements for vinyl
151.50-34). chloride.
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5. Outdated Authority Citations
The authority citations for parts 25, 30, 31, 35, 50, 54, 56, 71,
72, 78, 91, 97, 171, 174, 188 and 189 are being updated because they
either cite statutory provisions which have been repealed or an
executive order which has been revoked. Specifically, the majority of
these provisions delete references to 46 U.S.C. 4104 and 5115 which
were repealed on November 16, 1990 (Pub. L. 101-595, 104 Stat. 2993),
E.O. 11735 which was revoked by E.O. 12777 (56 FR 54757, 3 CFR, 1991
Comp., p. 351) and 49 U.S.C. 1804 which was repealed on July 5, 1994
(Pub. L. 103-272, 108 Stat. 1379).
6. Statutory Language Repeated
The regulatory text of the following provisions repeats exactly the
statutory language without any further requirements. Regulations which
do not add to self-executing statutes are not useful. Therefore, these
regulations which only repeat statutory language are being removed.
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Subject addressed by
Cite (46 CFR) Change made regulation
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Sec. 35.01-30....... Removed.............. Reckless or negligent
operation.
Sec. 78.30-30....... Removed.............. Reckless or negligent
operation.
Sec. 97.27-10....... Removed.............. Reckless or negligent
operation.
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Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT)(44 FR
11034; February 26, 1979). The Coast Guard expects the economic impact
of this final rule 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 final 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)
apply to vessels that no longer exist; or, (4) are repeated in other
sections. Therefore, the Coast Guard finds that this final rule will
not have a significant economic impact on a substantial number of small
entities.
Collection of Information
This final 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 final 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
final 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 25
Fire prevention, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 28
Fire prevention, Fishing vessels, Marine safety, Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Seamen.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 35
Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 37
Cargo vessels, Marine safety, Nuclear vessels, Radiation
protection.
[[Page 48048]]
46 CFR Part 40
Cargo vessels, Hazardous materials transportation, Marine safety,
Occupational safety and health, Seamen, Vinyl chloride.
46 CFR Part 50
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 54
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 55
Nuclear vessels, Reporting and recordkeeping requirements.
46 CFR Part 56
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 57
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 61
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 67
Vessels.
46 CFR Part 70
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 71
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
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 78
Marine safety, Navigation (water), Passenger vessels, Penalties,
Reporting and recordkeeping requirements.
46 CFR Part 79
Marine safety, Nuclear vessels, Passenger vessels, Radiation
protection, Reporting and recordkeeping requirements.
46 CFR Part 90
Cargo vessels, Marine safety.
46 CFR Part 91
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 95
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 97
Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.
46 CFR Part 99
Cargo vessels, Marine safety, Nuclear vessels, Radiation
protection, Reporting and recordkeeping requirements.
46 CFR Part 106
Energy, Environmental protection, Hazardous substances,
Intergovernmental relations, Marine resources, Marine safety, Vessels.
46 CFR Part 150
Hazardous materials transportation, Marine safety, Occupational
safety and health, Reporting and recordkeeping requirements.
46 CFR Part 154
Cargo vessels, Gases, Hazardous materials transportation, Marine
safety, Reporting and recordkeeping requirements.
46 CFR Part 171
Marine safety, Passenger vessels.
46 CFR Part 174
Marine safety, Vessels.
46 CFR Part 188
Marine safety, Oceanographic research vessels.
46 CFR Part 189
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
For the reasons set out in the preamble, the Coast Guard amends 46
CFR parts 25, 28, 30, 31, 35, 37, 40, 50, 54, 55, 56, 57, 61, 67, 70,
71, 72, 76, 78, 79, 90, 91, 95, 97, 99, 106, 150, 154, 171, 174, 188
and 189 as follows:
PART 25--REQUIREMENTS
1. The authority citation for Part 25 is revised to read as
follows:
Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4302; 49 CFR 1.46.
Sec. 25.40-1 [Amended]
2. Section 25.40-1 is amended by removing paragraph (c) and
redesignating paragraphs (d) and (e) as paragraphs (c) and (d),
respectively.
PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS
3. The authority citation for part 28 is revised to read as
follows:
Authority: 46 U.S.C. 3316, 4502, 4506, 6104, 10603; 49 U.S.C.
5103, 5106; 49 CFR 1.46.
Sec. 28.110 [Amended]
4. In Sec. 28.110, paragraph (a) is amended by removing the words
``after November 15, 1991,''.
Sec. 28.115 [Amended]
5. In Sec. 28.115, paragraph (a) is amended by removing the words
``after November 15, 1991,''.
Sec. 28.135 [Amended]
6. In Sec. 28.135, paragraph (a) is amended by removing the words
``after September 1, 1992,''.
Sec. 28.145 [Amended]
7. Section 28.145 is amended by removing the words ``after November
15, 1991,''.
8. In Sec. 28.210, paragraphs (c), (d), and (e) are revised to read
as follows:
Sec. 28.210 First aid equipment and training.
* * * * *
(c) Each vessel that operates with more than 2 individuals on board
must have at least 1 individual certified in first aid and at least 1
individual certified in CPR. An individual certified in both first aid
and CPR will satisfy both of these requirements.
(d) Each vessel that operates with more than 16 individuals on
board must have at least 2 individuals certified in first aid and at
least 2 individuals certified in CPR. An individual certified in both
first aid and CPR may be counted for both requirements.
(e) Each vessel that operates with more than 49 individuals on
board must have at least 4 individuals certified in first aid and at
least 4 individuals certified in CPR. An individual certified in both
first aid and CPR may be counted for both requirements.
Sec. 28.240 [Amended]
9. In Sec. 28.240, paragraph (a) is amended by removing the words
``after September 1, 1992,''.
10. In Sec. 28.270, paragraph (c) is revised to read as follows:
Sec. 28.270 Instructions, drills, and safety orientation.
* * * * *
(c) Training. No individual may conduct the drills or provide the
instructions required by this section unless that individual has been
trained
[[Page 48049]]
in the proper procedures for conducting the activity. An individual
licensed for operation of inspected vessels of 100 gross tons or more
need not have additional training to comply with this requirement.
* * * * *
PART 30--GENERAL PROVISIONS
11. The authority citation for part 30 is revised to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5103, 5106; 49
CFR 1.45, 1.46; Section 30.01-2 also issued under the authority of
44 U.S.C. 3507; Section 30.01-5 also issued under the authority of
Sect. 4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 30.01-25 [Removed]
12. Section 30.01-25 is removed.
Sec. 30.10-44 [Removed]
13. Section 30.10-44 is removed.
PART 31--INSPECTION AND CERTIFICATION
14. The authority citation for part 31 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 3703; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46. Section 31.10-21a also issued under the authority of Sect.
4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 31.01-5 [Amended]
15. Section 31.01-5 is amended by removing the designation ``(a)''
from paragraph (a) and removing paragraph (b).
16. In Sec. 31.05-10, paragraph (b) is amended by removing the
words ``For nuclear vessels see part 37 of this subchapter.'', and
paragraph (a) is revised to read as follows:
Sec. 31.05-10 Period of validity of certificate of inspection --TB/ALL
(a) Certificates of inspection will be issued for periods of either
1 or 2 years.
* * * * *
Sec. 31.10-15 [Amended]
17. Section 31.10-15 is amended by removing paragraph (c).
18. Section 31.40-1 is revised to read as follows:
Sec. 31.40-1 Application--T/ALL
The provisions of this subpart shall apply to all tankships on an
international voyage.
Sec. 31.40-30 [Removed]
19. Section 31.40-30 is removed.
Sec. 31.40-40 [Amended]
20. Section 31.40-40 is amended by removing paragraph (e) and
redesignating paragraph (f) as paragraph (e).
PART 35--OPERATIONS
21. The authority citation for part 35 is revised 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. 35.01-30 [Removed]
22. Section 35.01-30 is removed.
Sec. 35.30-5 [Amended]
23. Section 35.30-5 is amended by removing paragraph (c) and
redesignating paragraphs (d) and (e) as paragraphs (c) and (d),
respectively.
PART 37--[REMOVED]
24. Part 37 is removed.
PART 40--[REMOVED]
25. Part 40 is removed.
PART 50--[AMENDED]
26. The authority citation for part 50 is revised to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.45, 1.46; Section
50.01-20 also issued under the authority of 44 U.S.C. 3507.
Sec. 50.01-10 [Amended]
27. In Sec. 50.01-10, paragraph (b) is amended by removing the
words ``nuclear pressure vessels,''.
Sec. 50.05-15 [Amended]
28. In Sec. 50.05-15, the introductory text in paragraph (a) is
amended by removing the words ``nuclear vessels,'' and paragraph (c) is
removed.
29. In Sec. 50.20-5, paragraph (c) is removed, paragraph (d) is
redesignated as paragraph (c) and paragraph (b) is revised to read as
follows:
Sec. 50.20-5 Procedures for submittal of plans.
* * * * *
(b) The plans may be submitted in duplicate to the Officer in
Charge, Marine Inspection, at or nearest the place where the vessel is
to be built. Alternatively, the plans may be submitted in triplicate to
the Marine Safety Center.
* * * * *
30. Section 50.30-10 is revised to read as follows:
Sec. 50.30-10 Class I, I-L and II-L pressure vessels.
(a) Classes I, I-L and II-L pressure vessels shall be subject to
shop inspection at the plant where they are being fabricated, or when
determined necessary by the Officer in Charge, Marine Inspection.
(b) The manufacturer shall submit Class I, I-L and II-L pressure
vessels, as defined in Parts 54 and 56 of this subchapter for shop
inspection at such stages of fabrication as may be requested by the
Officer in Charge, Marine Inspection.
PART 54--PRESSURE VESSELS
31. 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. 54.01-10 [Amended]
32. In Sec. 54.01-10, paragraph (a) is amended by removing the
words ``, such as steam generators in the secondary system of a nuclear
plant,''.
Sec. 54.15-5 [Amended]
33. In Sec. 54.15-5, the colon at the end of paragraph (i) is
removed and replaced with a period and the note following paragraph (i)
is removed.
PART 55--[REMOVED]
34. Part 55 is removed.
PART 56--PIPING SYSTEMS AND APPURTENANCES
35. The authority citation for part 56 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C.
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
Sec. 56.01-2 [Amended]
36. In Sec. 56.01-2, paragraph (b) is amended by removing the entry
for American Society of Mechanical Engineers (ASME) Boiler and Pressure
Vessel Code: Section III, Rules for the Construction of Nuclear Power
Plants, 1986 with addenda.
Sec. 56.01-10 [Amended]
37. Section 56.01-10 is amended by removing paragraph (c)(2)(ii)
and redesignating paragraphs (c)(2)(iii) and (c)(2)(iv) as paragraphs
(c)(2)(ii) and (c)(2)(iii), respectively.
Sec. 56.04-1 [Amended]
38. In Sec. 56.04-1, Table 56.04-1--Piping Classifications is
amended by removing the entry ``Nuclear'' in the Service column and the
corresponding entry ``See part 55 of this subchapter.'' in the Class
column.
[[Page 48050]]
Sec. 56.07-10 [Amended]
39. In Sec. 56.07-10, paragraph (e) is amended by removing the
words ``and nuclear''.
Sec. 56.20-9 [Amended]
40. In Sec. 56.20-9, paragraph (b) is amended by removing the words
``nuclear and''.
Sec. 56.30-5 [Amended]
41. In Sec. 56.30-5, paragraph (b)(4) is amended by removing the
words ``and nuclear.''
Sec. 56.50-25 [Amended]
42. In Sec. 56.50-25, paragraph (a) is amended by removing the
words ``Other arrangements may be permitted for nuclear systems when
specifically authorized by the Commandant.''.
Sec. 56.50-85 [Amended]
43. In Sec. 56.50-85, paragraph (a)(1) is amended by removing the
words ``Tanks in nuclear systems shall be provided with means for
preventing uncontrolled release of hazardous amounts of radioactive
materials.''.
Sec. 56.50-101 [Removed]
44. Section 56.50-101 is removed.
Sec. 56.50-102 [Removed]
45. Section 56.50-102 is removed.
Sec. 56.60-2 [Amended]
46. Section 56.60-2 is amended by removing the note at the end of
the section.
47. In Sec. 56.70-15, paragraph (a)(3) is revised to read as
follows:
Sec. 56.70-15 Procedure.
(a) * * *
(1) * * *
(3) Sections of pipe shall be welded insofar as possible in the
fabricating shop. Prior to welding Class I piping or low temperature
piping, the fabricator shall request a marine inspector to visit his
plant to examine his fabricating equipment and to witness the
qualification tests required by part 57 of this subchapter. One test
specimen shall be prepared for each process and welding position to be
employed in the fabrication.
* * * * *
PART 57--WELDING AND BRAZING
48. The authority citation for part 57 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 57.02-2 [Amended]
49. In Sec. 57.02-2, paragraph (a)(1) is amended by removing the
words ``nuclear vessels,''.
50. In Sec. 57.06-1, paragraphs (b) and (c) are revised to read as
follows:
Sec. 57.06-1 Production test plate requirements.
* * * * *
(b) Main power boilers shall meet the test plate requirements for
Class I pressure vessels.
(c) Test plates are not required for heating boilers or Class III
pressure vessels. Test plates are not required for main power boilers
or pressure vessels constructed of P-1 material as listed in QW 422 of
the ASME Code whose welded joints are fully radiographed as required by
Part 52 or 54 of this subchapter as applicable except when toughness
tests are required in accordance with Sec. 57.06-5. When toughness
tests are required all prescribed production tests shall be performed.
Sec. 57.06-4 [Amended]
51. In Sec. 57.06-4, paragraph (a) is amended by removing the words
``and Classes A and B nuclear vessels''.
52. In Sec. 57.06-5, paragraph (a) is revised to read as follows:
Sec. 57.06-5 Production toughness testing.
(a) In addition to the test specimens required by Sec. 57.06-4(a),
production toughness test plates shall be prepared for Classes I-L and
II-L pressure vessels in accordance with subpart 54.05 of this
subchapter.
* * * * *
PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS
53. The authority citation for part 58 is revised to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 58.03-1 [Amended]
54. In Sec. 58.03-1, paragraph (b) is amended by removing the entry
for American Society of Mechanical Engineers (ASME) Boiler and Pressure
Vessel Code, Section III, Division 1, Rules for Construction of Nuclear
Power Plant Components, July 1989 with 1989 addenda.
PART 61--PERIODIC TESTS AND INSPECTIONS
55. 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.
Sec. 61.01-1 [Amended]
56. In Sec. 61.01-1, paragraph (a) is amended by removing the words
``nuclear pressure vessels,''.
Sec. 61.10-1 [Amended]
57. Section 61.10-1 is amended by removing the designation ``(a)''
from paragraph (a) and removing paragraph (b).
Sec. 61.15-1 [Amended]
58. Section Sec. 61.15-1 is amended by removing the designation
``(a)'' from paragraph (a) and removing paragraph (b).
Subpart 61.25--[Removed]
59. Subpart 61.25 is removed.
PART 67--DOCUMENTATION OF VESSELS
60. The authority citation for part 67 continues to read as
follows:
Authority: 14 U.S.C. 664; 31 U.S.C. 9701; 42 U.S.C. 9118; 46
U.S.C. 2103, 2107, 2110; 46 U.S.C. app. 841a, 876; 49 CFR 1.46.
61. Section 67.3 is amended by removing the definitions for Ocean
thermal energy conversion facility and Ocean thermal energy conversion
plantship and by revising the definition for Vessel to read as follows:
Sec. 67.3 Definitions.
* * * * *
Vessel includes every description of watercraft or other
contrivance capable of being used as a means of transportation on
water, but does not include aircraft.
* * * * *
PART 70--GENERAL PROVISIONS
62. The authority citation for part 70 is amended to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.45, 1.46;
Section 70.01-15 also issued under the authority of 44 U.S.C. 3507.
Sec. 70.05-12 [Removed]
63. Section 70.05-12 is removed.
Sec. 70.10-30 [Removed]
64. Section 70.10-30 is removed.
PART 71--INSPECTION AND CERTIFICATION
65. The authority citation for part 71 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306; 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 48051]]
Sec. 71.01-10 [Amended]
66. In Sec. 71.01-10, paragraph (a) is amended by removing the
words ``For nuclear vessels see also Sec. 79.10-1 of this
subchapter.''.
Sec. 71.20-15 [Amended]
67. Section 71.20-15 is amended by removing the paragraph
designation ``(a)'' from paragraph (a) and removing paragraph (b).
Sec. 71.25-10 [Amended]
68. Section 71.25-10 is amended by removing the paragraph
designation ``(a)'' from paragraph (a) and removing paragraph (b).
69. In Sec. 71.75-5, the section heading and paragraph (a) are
amended to read as follows:
Sec. 71.75-5 Passenger Ship Safety Certificate.
(a) All vessels on an international voyage are required to have a
``Passenger Ship Safety Certificate.''
* * * * *
Sec. 71.75-10 [Amended]
70. Section 71.75-10 is amended by removing paragraph (c).
Sec. 71.75-20 [Amended]
71. In Sec. 71.75-20, paragraph (c) is amended by removing the
words ``or the Nuclear Passenger Ship Safety Certificate''.
PART 72--CONSTRUCTION AND ARRANGEMENT
72. The authority citation for part 72 is revised 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. 72.25-5 [Removed]
73. Section 72.25-5 is removed.
PART 76--FIRE PROTECTION EQUIPMENT
74. The authority citation for part 76 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 76.10-10 [Amended]
75. Section 76.10-10 is amended by removing paragraph (l)(2) and
redesignating paragraph (l)(3) as paragraph (l)(2).
PART 78--OPERATIONS
76. The authority citation for part 78 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.
Sec. 78.30-30 [Removed]
77. Section 78.30-30 is removed.
PART 79--[REMOVED]
78. Part 79 is removed.
PART 90--GENERAL PROVISIONS
79. The authority citation for part 90 is revised to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 90.05-40 [Removed]
80. Section 90.05-40 is removed.
Sec. 90.10-24 [Removed]
81. Section 90.10-24 is removed.
PART 91--INSPECTION AND CERTIFICATION
82. The authority citation for part 91 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; 49 CFR 1.46.
83. In Sec. 91.01-10, paragraph (a) is revised to read as follows:
Sec. 91.01-10 Period of validity.
(a) Certificates of inspection will be issued for periods of either
1 or 2 years. Application may be made by the master, owner, or agent
for inspection and issuance of a new certificate of inspection at any
time during the period of validity of the current certificate.
* * * * *
Sec. 91.20-15 [Amended]
84. Section 91.20-15 is amended by removing paragraph (c).
Sec. 91.25-10 [Amended]
85. Section 91.25-10 is amended by removing the paragraph
designation ``(a)'' from paragraph (a) and removing paragraph (b).
86. Section 91.60-1 is revised to read as follows:
Sec. 91.60-1 Application.
The provisions of this subpart shall apply to all cargo vessels on
an international voyage.
Sec. 91.60-30 [Removed]
87. Section 91.60-30 is removed.
Sec. 91.60-40 [Amended]
88. Section 91.60-40 is amended by removing paragraph (e) and
redesignating paragraph (f) as paragraph (e).
PART 95--FIRE PROTECTION EQUIPMENT
89. 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.
Sec. 95.10-10 [Amended]
90. Section 95.10-10 is amended by removing paragraph (l)(2) and
redesignating paragraphs (l)(3) and (l)(4) as paragraphs (l)(2) and
(l)(3), respectively.
PART 97--OPERATIONS
91. The authority citation for Part 97 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 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.
Sec. 97.27-10 [Removed]
92. Section 97.27-10 is removed.
PART 99--[REMOVED]
93. Part 99 is removed.
PART 106--[REMOVED]
94. Part 106 is removed.
PART 150--COMPATIBILITY OF CARGOES
95. The authority citation for part 150 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46. Section
150.105 issued under 44 U.S.C. 3507; 49 CFR 1.45.
Subpart A--[Amended]
96. The designation ``Subpart A--Compatibility of Cargoes'' for
Sec. 150.105 through Sec. 150.170 is removed.
Subpart B--[Removed]
97. Subpart B of Part 150 is removed.
PART 154--SAFETY STANDARDS FOR SELF-PROPELLED VESSELS CARRYING BULK
LIQUEFIED GASES
98. The authority citation for part 154 continues to read as
follows:
Authority: 46 U.S.C. 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
99. Section 154.1745 is revised to read as follows:
Sec. 154.1745 Vinyl chloride: Transferring operations.
A vessel carrying vinyl chloride must meet the requirements of
Sec. 151.50-34(g) through (k) of this chapter.
[[Page 48052]]
PART 171--SPECIAL RULES PERTAINING TO VESSELS CARRYING PASSENGERS
100. The authority citation for part 171 is revised 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.
101. In Sec. 171.001, paragraph (b) is revised to read as follows:
Sec. 171.001 Applicability.
* * * * *
(b) Specific sections of this part also apply to nautical school
ships, sailing school vessels and oceanographic vessels. The applicable
sections are listed in subparts C and D of part 173 of this chapter.
PART 174--SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES
102. The authority citation for part 174 is revised to read as
follows:
Authority: 42 U.S.C. 9118, 9119, 9153; 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.
103. Section 174.005 is revised to read as follows:
Sec. 174.005 Applicability.
Each of the following vessels must comply with the applicable
provisions of this part:
(a) Deck Cargo Barge.
(b) Mobile offshore drilling unit (MODU) inspected under Subchapter
IA of this chapter.
(c) Tugboat and towboat inspected under Subchapter I of this
chapter.
(d) Self-propelled hopper dredge having an assigned working
freeboard.
(e) Oceangoing ships of 500 gross tons or over, as calculated by
the International Convention on Tonnage Measurement of Ships, 1969,
designed primarily for the carriage of dry cargoes, including roll-on/
roll-off ships.
Subpart D--[Removed and Reserved]
104. Subpart D of part 174 is removed and reserved.
Subpart F--[Removed and Reserved]
105. Subpart F of part 174 is removed and reserved.
PART 188--GENERAL PROVISIONS
106. The authority citation for part 188 is revised to read as
follows:
Authority: 46 U.S.C. 2113, 3306; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 188.05-15 [Removed]
107. Section 188.05-15 is removed.
Sec. 188.10-47 [Removed]
108. Section 188.10-47 is removed.
PART 189--INSPECTION AND CERTIFICATION
109. The authority citation for part 189 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306; E.O. 12234,
45 FR 58801, 3 CFR, 1890 Comp., p. 277; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; 49 CFR 1.46.
110. In Sec. 189.01-10, paragraph (a) is revised to read as
follows:
Sec. 189.01-10 Period of validity.
(a) Certificates of Inspection will be issued for periods of either
1 or 2 years. Application may be made by the master, owner, or agent
for inspection and issuance of a new certificate of inspection at any
time during the period of validity of the current certificate.
* * * * *
Sec. 189.20-15 [Amended]
111. Section 189.20-15 is amended by removing paragraph (c).
Sec. 189.25-10 [Amended]
112. Section 189.25-10 is amended by removing paragraph (b) and
redesignating paragraph (c) as paragraph (b).
113. Section 189.60-1 is revised to read as follows:
Sec. 189.60-1 Application.
The provisions of this subpart shall apply to all oceanographic
research vessels on an international voyage. (See Sec. 188.05-10 of
this subchapter.)
Sec. 189.60-30 [Removed]
114. Section 189.60-30 is removed.
Sec. 189.60-40 [Amended]
115. Section 189.60-40 is amended by removing paragraph (e) and
redesignating paragraph (f) as paragraph (e).
Dated: September 5, 1995.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 95-22981 Filed 9-15-95; 8:45 am]
BILLING CODE 4910-14-P
