51188 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 155 and 159

46 CFR Parts 2, 3, 4, 6, 7, 10, 12, 15,

16, 24, 25, 26, 28, 30, 31, 32, 34, 35, 39,

50, 56, 58, 61, 63, 68, 69, 70, 71, 72, 76,

77, 78, 80, 90, 91, 92, 93, 95, 96, 97, 105,

108, 109, 147A, 148, 150, 151, 153, 154,

160, 164, 166, 167, 168, 170, 172, 188,

189, 193, 195, 196, and 197

[CGD 95–028]

RIN 2115–AF10

Harmonization With International

Safety Standards

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: As part of its ongoing

response to the President’s Regulatory

Reinvention Initiative, the Coast Guard

amends its regulations for both

inspected and uninspected vessels by

removing obsolete, unnecessary or

excessive provisions, and harmonizing

regulations with international safety

standards. These amendments will

reduce the regulatory burden to industry

by removing differences between

requirements that apply to U.S. vessels

in international trade and those that

apply to similar vessels in international

trade that fly the flag of responsible

foreign nations.

DATES: This rule is effective October 30,

1997. The incorporation by reference of

certain publications listed in the rule is

approved by the Director of the Federal

Register on October 30, 1997.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the office of the

Executive Secretary, Marine Safety

Council (G–LRA/3406), U.S. Coast

Guard Headquarters, 2100 Second Street

SW., room 3406, Washington, DC

20593–0001, between 9:30 a.m. and 2

p.m., Monday through Friday, except

Federal holidays. The telephone number

is 202–267–1477.

FOR FURTHER INFORMATION CONTACT: Mr.

Wayne Lundy, project manager, Office

of Design and Engineering Standards

(G–MSE), U.S. Coast Guard, 2100

Second Street, SW., Washington, DC

20593–0001, telephone 202–267–0024.

SUPPLEMENTARY INFORMATION:

Regulatory History

On November 19, 1996, the Coast

Guard published a notice of proposed

rulemaking (NPRM) entitled

Harmonization with International Safety

Standards in the Federal Register (61

FR 58804). The Coast Guard received 12

letters commenting on the proposed

rulemaking. No public hearing was

requested, and none was held.

Background and Purpose

This rule was sparked by several calls

for regulatory review and reform. For

example, on March 4, 1995, the

President issued a memorandum calling

on executive agencies to review

regulations with the goals of: (1) Cutting

obsolete regulations; (2) focusing on

results instead of process and

punishment; (3) convening meetings

with the regulated community; and (4)

expanding efforts to promote consensual

rulemaking. The President’s

memorandum coincided with U.S.

maritime industry requests for greater

alignment of Coast Guard regulations

with internationally accepted standards

to reduce cost disadvantages and

thereby improve the competitiveness of

the U.S. industry.

The ongoing National Performance

Review effort, which stresses reducing

red tape and maximizing results,

provides an impetus for the

harmonization of regulations with

appropriate, successful international

safety standards. Additionally, the Coast

Guard recognizes the need to eliminate

outdated regulations and to increase

available compliance options for the

regulated community. In the May 31,

1995 Federal Register (60 FR 28376),

the Coast Guard reiterated its intention

to harmonize Coast Guard regulations

with international safety standards.

To accomplish these goals and

respond to calls for regulatory reform,

the Coast Guard expanded its ongoing

Coast Guard Regulatory Reform (CGRR)

initiative. Under CGRR, the Coast Guard

is examining ways to remove

disincentives for ship owners to fly the

American flag, while also ensuring

maritime safety and the protection of

the marine environment. The Coast

Guard is doing this principally by

making existing regulations more

efficient and, wherever possible,

aligning U.S. marine safety regulations

with internationally accepted standards.

As part of the CGRR initiative, the

Coast Guard initiated three regulatory

projects to remove unnecessary and

excessive provisions from Coast Guard

regulations. The first of these projects,

‘‘Inspected and Uninspected

Commercial Vessels; Removal of

Obsolete and Unnecessary Regulations,’’

had a final rule published in the

September 18, 1995 Federal Register (60

FR 48044). That rulemaking focused on

regulations for which no adverse public

comment was expected, such as

requirements for nuclear vessels, ocean

incinerator ships, and ocean thermal

energy conversion plantships. The

second project, ‘‘Adoption of Industry

Standards,’’ had a final rule published

in the May 23, 1996 Federal Register

(61 FR 25984). That rule made

substantial changes, removed or

amended unnecessary provisions, and

adopted appropriate industry standards

and practices in place of Coast Guard

specific requirements.

This rulemaking, the third project,

continued the Coast Guard’s effort to

reform its regulations. These changes

removed superfluous and outdated

requirements and aligned the

regulations more closely with

international standards.

Discussion of Comments and Changes

Comments were received which

recommended the adoption of class

rules as a means of compliance with

certain sections and subparts. These

comments focused on areas not covered

in this rulemaking. On December 27,

1996, the Coast Guard published, in the

Federal Register (61 FR 68510), an

interim rule entitled, Alternative

Compliance via Recognized

Classification Society and U.S.

Supplement to Rules (CGD 95–010). The

Alternative Compliance Program (ACP)

allows for the inspection of a vessel by

a recognized classification society that

has been authorized to participate in the

ACP. The American Bureau of Shipping

(ABS) is currently the only recognized

classification society authorized to

participate in the ACP.

Under the ACP, vessels receive Coast

Guard certification based on compliance

with classification society rules,

international conventions, and the U.S.

Supplement which represents Coast

Guard requirements not embodied by

either classification society rules or

international conventions. All

requirements of the interim rule, which

became effective July 31, 1997, reduce

the burden on the vessel owner by

requiring compliance with only those

Coast Guard regulations which are not

embodied by either classification

society rules or international

conventions.

The Coast Guard, in its continuing

effort to harmonize its regulations with

industry and international standards, is

evaluating the issues raised by these

comments, which are outside the scope

of this rulemaking, and will take

appropriate future action based on its

review. However, in the interim, vessels

owners can receive the benefit of

inspection in accordance with ABS

classification rules and international

standards by choosing to participate in

the ACP.
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51189

Comments to 46 CFR parts 50–59,

concerning marine engineering, which

were outside the scope of this

rulemaking, recommended allowing

rules or surveys from the ABS or

another recognized classification

society. The ACP program allows for

rules or surveys from a recognized class

society for 46 CFR parts 50–59. No

changes were made to the regulatory

text.

One comment to 46 CFR subpart

91.01, concerning inspection and

certification, indicated an inability to

obtain early commencement of a

biennial inspection in a particular

Officer in Charge, Marine Inspection

(OCMI) office, or the continuation of the

inspection by another OCMI office.

Inspection for certification may be

requested at any time during the period

of validity of the current certificate.

Further, the ACP allows a vessel the

opportunity to obtain an abbreviated

annual exam which is capable of being

conducted at one port call, by one

OCMI. No changes were made to the

regulatory text.

One comment to 46 CFR 91.40,

concerning drydocking, recommended

that regulations be revised to conform

with recognized classification society

rules. A regulatory change is not needed

because drydocking intervals remain

twice in a five year period, and not more

than three years between each exam

whether or not the vessel is enrolled in

the ACP. Drydocking/Internal Structural

Exam (ISEs) intervals may be extended

90 days by an ACP classification society

for ships enrolled in the ACP.

Additionally, the ACP allows the

recognized classification society to

make recommendations to Commandant

(G–MOC) on Underwater Inspection in

Lieu of Dry-docking (UWILDs), even for

vessels over 15 years old. No changes

were made to the regulatory text.

One comment to 46 CFR part 94,

concerning lifesaving equipment,

recommended allowing ABS or other

approved classification society rules for

approval. 46 CFR part 94 was removed

by the interim rule concerning

Lifesaving Equipment (84–069),

published in the Federal Register on

May 20, 1996 (61 FR 25272). Because

there are no classification society rules

for this equipment, the ACP is not

applicable.

One comment to 46 CFR 91.27,

concerning reinspection, recommended

that the Coast Guard initiate a program

of mid-period self-inspection which

rewards companies that take a proactive approach to regulatory

compliance and vessel safety in general.

There is a proposal for a Streamlined

Inspection Program (CGD 96–055) for

which an NPRM was published on April

8, 1997 (62 FR 17022). No changes were

made to this section.

One comment to 46 CFR 98.30,

concerning portable tanks,

recommended that these regulations be

revised for ocean going vessels with the

‘‘incorporation by reference’’ of the

International Maritime Dangerous

Goods (IMDG) Code requirements for

carriage of hazardous liquids or

materials in portable tanks. These

regulations, among other things,

concern the transfer of certain

hazardous materials to or from portable

tanks. The IMDG Code has provisions

for the design and carriage of portable

tanks, but does not have equivalent

provisions governing the transfer of

certain hazardous materials to or from

portable tanks, and assumes that no

transfer of cargo occurs on board vessel.

Consequently, the proposed

incorporation by reference is not

appropriate. However, the acceptability

of International Maritime Organization

(IMO) type portable tanks and other

bulk packagings, specified by the IMDG

Code, are being reviewed and the Coast

Guard may take future action based on

its review.

One comment recommended that 46

CFR 50.05–5(c) be revised to permit

replacement of existing boiler

equipment and piping systems with

similar equipment. The Coast Guard has

generally accepted replacement in kind

for general repairs and maintenance

work. This section addresses

reboilering. Reboilering is not

considered as a repair. Reboilering

constitutes a major replacement

equivalent to installing a new boiler.

This section recognizes the extreme

hazards of high pressure steam and the

necessity for proper boiler piping.

Failure of boiler piping means

immediate release of steam. The

requirement to use more modern

materials, welding techniques/

requirements is in keeping with

industry standards and is consistent

with classification society rules. No

changes were made to this section.

One comment to 46 CFR 61.05–15,

concerning boiler mountings and

attachments, recommended that

regulations be revised to clearly state

that boiler mountings and studs do not

have to be removed when an external

examination is possible. No revision to

this section is necessary because the

section is clear that the mountings and

studs are not required to be removed,

but allows the inspector the option to

have them removed if the inspector

believes removal is needed during the

course of the inspection.

One comment to the proposed 46 CFR

56.20–15(b) stated that this paragraph

was confusing as to whether or not it

pertained to all valves or just valves

employing resiliently seated material. It

is not the Coast Guard’s intention to

restrict the use of valves with metal to

metal seats. This paragraph is meant to

pertain only to valves employing

resiliently seated material, and the Coast

Guard has revised this section to clarify

that those valves which employ resilient

seats are divided into the three listed

categories.

One comment recommended that the

proposed 46 CFR 56.50–103, concerning

fixed oxygen-acetylene piping systems,

be revised to include copper alloys

containing less that 65% copper for

certain components in acetylene

distribution systems. This

recommendation is consistent with

industry practice. The Coast Guard

agrees, and a new paragraph (c) allows

for this industry practice. Further, this

section has been reorganized from the

presentation in the NPRM in order to be

more clearly understood. Old paragraph

(f) in the NPRM, which required all

fittings to be welded, has been rewritten as a new paragraph (g) which

requires all fittings on the low pressure

side of the regulator to be welded. This

change recognizes that the regulator will

be physically located next to the

pressure vessel and that all piping will

be downstream of the regulator.

Three comments were received

opposing proposed modifications to 46

CFR 34.20–5 to harmonize deck foam

regulations with the applicable

International Convention for the Safety

of Life at Sea (SOLAS) provisions. One

comment mentioned an incident in

which a tanker, which did not have

USCG-approved foam fire fighting

system, was severely damaged and sank.

There is no indication, however, as to

whether the vessel’s foam system met

the SOLAS arrangement and application

rates or that some other system would

have been effective. Additionally, there

has been no casualty data to suggest that

the current SOLAS provisions are

inadequate. Current Coast Guard

regulations require a slightly greater

minimum foam application rate for

tanker deck foam systems than SOLAS

requirements, based on total cargo area.

Therefore, consistent with the Coast

Guard’s intention to harmonize its

regulations with international safety

standards, this section is harmonized

with the applicable SOLAS foam

application rates. No changes were

made to this proposed section.

Currently, the Coast Guard is working

with the National Fire Protection

Association to develop a new industry
51190 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

standard. It is the Coast Guard’s

intention that this new standard will be

taken to the IMO.

One comment suggested that the

Coast Guard should fully articulate the

preemptive effect of its regulations. In

Ray v. ARCO, 435 U.S. 151 (1978), the

Supreme Court recognized that design,

construction, equipment, and manning

standards are matters of national

attention, and recognized a decided

congressional preference for arriving at

international standards for building

vessels. Consistent with Ray v. ARCO, it

is the Coast Guard’s position that vessel

design, construction, equipment, and

manning standards fall within the

exclusive province of the Federal

Government.

This rulemaking concerned the

removal of obsolete, unnecessary or

excessive provisions; and harmonizing

regulations with international

standards. To the extent this rulemaking

revised regulations to incorporate

national industry and international

standards, these revised regulations

concerned subject matter that, as

determined under Ray v. ARCO, are

within the exclusive province of the

Federal Government. The ability of the

states to regulate in these areas was

preempted when the regulations were

initially promulgated. The revision of

these regulations does not alter their

preemptive effect.

One comment suggested that the

Coast Guard extend the opportunity to

participate in the UWILD program to

passenger vessels operating exclusively

in fresh water that have not had a

grounding since their last drydock. The

ability of these vessels to participate in

the UWILD program is being reviewed.

The Coast Guard may take further action

based on its review.

One comment requested that the

Coast Guard justify the option of

allowing tank vessels to comply with

SOLAS vent height and distance

requirements, which reduces the height

from 4 meters to 2 meters. By permitting

the option of SOLAS vent height

requirements, the Coast Guard reduced

the allowable height of vents from the

4 meters, required in 46 CFR 32.55–20,

to 2 meters only when high velocity

vents are used. The Coast Guard finds

that allowing such a reduction will not

degrade safety. The Coast Guard has

accepted chemical carriers certified

under international rules which permit

similar reductions in vent height

requirements when high velocity vents

are used, and there has not been a

reduction in safety. No changes were

made to the proposed regulatory text.

One comment recommended retaining

the provision in 46 CFR 32.57–10(d)(4)

for kickout panels because of a concern

that fire doors could warp and trap

occupants. The Coast Guard is not

aware of a casualty history of doors

warping in a fire and trapping

occupants. Additionally, section 32.02–

1 requires two means of escape from all

passageways leading to living quarters,

and places where a crew member may

be employed, so that in the event that

one means of escape became unusable,

a second means of escape would be

available. The proposed change only

removed the requirement for a kickout

panel; vessel owners may install them if

they so desire. No changes were made

to this proposed section.

One comment questioned the ability

to use the fire control symbols

contained within ASTM Adjunct F

1626, as the American Society for

Testing and Materials (ASTM)

publication is copyright protected.

ASTM was contacted and the copyright

protects against the unauthorized

copying of the ASTM publication rather

than the use of the symbols to identify

the details of a fire control plan.

One comment stated that there is an

IMO standard set of symbols which

should be utilized instead of the ASTM

standard to implement uniform symbols

for fire control plans. ASTM Adjunct F

1626 adopts the symbols contained in

IMO Assembly resolution A.654(16).

The Coast Guard agrees that the IMO

resolution should also be incorporated,

and has revised the incorporation

sections accordingly.

Two comments concerned the

application date and use of the ASTM

Adjunct F 1626 standardized symbols

for fire control plans. The use of the

standard symbols applies to new

construction and existing vessels which

have the master plan redrawn. Editorial

revisions to regulatory text have been

made to clarify the application of ASTM

Adjunct F 1626. The comments also

recommended a change to the material

incorporated by reference. ASTM

Adjunct F 1626 contains the symbols,

and the incorporation by reference has

been changed to reflect the correct cite.

One comment objected to the removal

of sentinel valves. The Coast Guard

recognizes that boilers on older vessels

require sentinel valves. Technology,

however, has rendered the use of

sentinel valves on new boilers obsolete.

Recognizing that removal of § 56.50–

30(b)(6) would eliminate the

requirement for sentinel valves for older

boiler systems, this paragraph has been

redrafted. Sentinel valves will not be

required for new construction, or for

existing vessels which have shown to

the satisfaction of the cognizant OCMI,

or the Coast Guard Marine Safety

Center, that a sentinel valve is not

necessary.

One comment expressed concern over

the Coast Guard’s proposal to remove

the requirements for Coast Guard

inspectors to set and seal boiler safety

valves. The Coast Guard disagrees. With

present day boiler automation and built

in safety factors, the Coast Guard has

not experienced a problem of tampering

with safety valves. Based upon the lack

of a tampering problem, as well as the

reliability of current steam propulsion

systems, the Coast Guard has

determined the sealing of boiler safety

valves to be of little value. Therefore,

§ 35.25–15 will be removed as originally

proposed.

One comment suggested that the

Coast Guard extend the interval for

inspection of sea valves to every 10

years for those vessels operating in

freshwater. The Coast Guard disagrees.

Sea valves are subject to mechanical

damage. An extension of the interval

means, that, during a 20 year period, sea

valves would only be opened once at

the midpoint. If additional data

supports that valves can last 10 years in

freshwater with no operational

difficulties, the Coast Guard will

reconsider revising this requirement.

One comment noted that an

applicability date should be specified in

46 CFR 63.25–9 for incinerators to meet

the requirements of IMO resolution

MEPC.59(33). The Coast Guard agrees

and the regulatory text is changed.

Two comments were received on the

proposal to replace current Coast Guard

regulations concerning design of

automatic sprinkler systems by

incorporating National Fire Protection

Association Standard No. 13 by

reference. One comment supported this

proposal, and one comment voiced

concern with the Coast Guard’s policy

of incorporating industry standards by

reference. The Coast Guard’s

incorporation of industry standards

directly supports the President’s goals

on revitalizing the American shipping

industry and the Regulatory

Reinvention Initiative. Benefits include

increased input from subject matter

experts into Coast Guard regulations,

greater industry access into

development of regulations, and regular

updating of standards which facilitates

regulations keeping pace with

technology. Although there is an added

responsibility for members of industry

to stay abreast of changes to standards

which are referenced in the Code of

Federal Regulations (CFR), the Coast

Guard finds that the benefits far

outweigh the disadvantages. No changes

were made to this section.
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51191

One comment opposed the proposed

replacement of prescriptive

requirements for fire hose coupling

threads with a performance requirement

that a uniform hose coupling be

provided for each hose diameter

throughout the vessel. The comment

further stated that the basis of the

comment was a concern that a vessel

owner or operator could purchase fire

hose or nozzles with the wrong thread

style, and not realize the discrepancy

until after the vessel has left port.

Current Coast Guard regulations which

require a minimum of one fire hose per

hydrant, and that a fire hose be

connected to hydrants at all times

mitigate concerns about incompatibility

of fire fighting equipment. However,

these sections have been revised to their

original text, with a new option added

to indicate that couplings other than

National Standard couplings may be

used if all of the couplings are identical.

Additionally, the Coast Guard will

revise its inspection guidance to advise

vessel inspectors to check compatibility

of fire fighting equipment.

Another comment noted that the

Coast Guard has proposed removing

prescriptive requirements for hose

coupling threads from 46 CFR 34.10–10,

76.10–10, and 95.10–10, but a similar

proposal was not made with respect to

46 CFR 108.425(b). The Coast Guard

agrees and the revision has been added

to § 108.425(b).

There was an error in the proposed

rule text for 46 CFR 164.013–6. In the

last sentence of ‘‘Production tests,

inspections, and marking,’’ it directed

manufacturers to provide markings in

accordance with the requirements in 46

CFR 164.023–15. The correct cite for

markings is 46 CFR 164.013–7.

However, because the sentence was

extraneous, it was deleted.

One comment suggested that the

Coast Guard add the American Bureau

of Shipping’s (ABS) Houston address to

46 CFR 170.100 under addresses for

submittal of plans and calculations. The

Coast Guard agrees and the regulations

are revised.

One comment suggested that that 46

CFR 170.110(b), which directs stability

booklets to be approved by the Coast

Guard Marine Safety Center or the ABS,

be removed because it is redundant with

§ 170.085. The Coast Guard disagrees.

Section 170.085 refers to stability test

plans which is separate from approval

of stability booklets, thus there is no

redundancy. No changes were made to

this section.

The NPRM proposed removal or

revision of several sections which were

or are being addressed by other

rulemakings. These sections will not be

addressed by this rulemaking. The

sections and corresponding dockets are:

46 CFR 16.207(b) is being addressed in

CGD 95–011, Programs for Chemical

Drug and Alcohol Testing of

Commercial Vessel Personnel for which

an interim rule was published on

December 18, 1996 (61 FR 66612); 46

CFR 2.50 and subpart 26.10 were

addressed in the final rule for CGD 96–

052, Civil Monetary Penalties Inflation

Adjustment, published April 8, 1997 (62

FR 16695); 46 CFR 2.75–19 and 2.75–50

were addressed in the final rule for CGD

93–055, Approval of Inflatable

Personnel Flotation Devices for

Recreational Boaters, published March

28, 1996 (61 FR 13920); 46 CFR 28.12

was addressed in the interim rule for

CGD 90–046, Commercial Fishing

Industry Vessel Regulations, published

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

CFR 159.007 was addressed in the final

rule for CGD 85–205, Inflatable

Personnel Flotation Devices, published

May 9, 1997 (62 FR 25525).

In addition to the above changes,

minor editorial revisions have been

made to clarify the regulatory text. The

Coast Guard is also removing the

incorporation by reference contained in

46 CFR 159.2 which was inadvertently

added to the NPRM. The revision to 46

CFR 160.035–3 was set out in full for

clarity. 46 CFR 160.050–5 was revised

for clarity by adding the requirements of

the footnote to a new paragraph

(b)(1)(iv) and by deleting paragraph

(g)(4).

Incorporation by Reference

The Director of the Federal Register

has approved the material in 33 CFR

155.140, and 46 CFR 34.01–15, 35.01–3,

56.01–2, 63.05–1, 76.01–2, 78.01–2,

95.01–2, 97.01–2, 108.101, 109.105,

164.013–2, 172.020, and 193.01–3 for

incorporation by reference under 5

U.S.C. 552 and 1 CFR part 51. Copies of

the material are available from the

sources listed in those sections.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, l979).

The economic impact of this rule is so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This regulation

removes obsolete, unnecessary or

excessive provisions, and harmonizes

existing regulations with current

international and national safety

standards, which have already been

adopted as industry practices, therefore,

the economic impact of this regulation

is minimal.

Vessel owners or operators are not

required to purchase the international

and national standards incorporated by

reference in this final rule. If purchased,

the total one-time cost of all the

reference materials included in this rule

is estimated to be $250. The Coast

Guard did not itemize the cost of

reference materials by vessel type.

However, the cost of purchasing these

materials is estimated to be significantly

less than $250 per vessel because the

vessel owner or operator will only need

to reference materials for standards that

apply to their vessel type(s). Vessels

owners or operators needing to

reference these publications can choose

to purchase them. However, most of the

reference materials are available in the

public forum at no cost.

A portion of the tank vessel industry

may be affected by the cost of fitting

additional emergency towing

equipment. These vessels were required

under 33 CFR part 155 to install

emergency towing equipment on either

the bow or stern by 1997. This rule

makes the arrangement required on both

ends of a vessel at an estimated onetime cost per vessel of $47,175 by 1999

as required currently in SOLAS. This

rule affects oil tankships between

20,000 to 50,000 deadweight tons that

are not presently subject to SOLAS. In

some cases, the Coast Guard has

allowed delayed compliance of 33 CFR

part 155 for existing oil tankships until

1999. This rule changes the existing 33

CFR part 155 implementation date of

1997 to 1999 for all tankships including

those ships that may require an

additional towing arrangement

installation. This delay will allow tank

vessel owners or operators the flexibility

to comply without additional

drydocking expense and provides them

the time to research and compare

installation costs.

Furthermore, harmonizing Coast

Guard regulations to international and

national standards will benefit the

maritime industry by simplifying the

requirements to which their vessels are

subject.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.
51192 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

This rule will have no significant

economic impact on small entities

because it amends portions of

regulations that: (1) Are purely

administrative; (2) do not reflect

common marine industry practice; (3)

do not have general applicability; or (4)

are repeated in other sections (see

Regulation Evaluation section of this

document for cost estimates). In cases

where small entities may need to use

publications, referred to in this rule,

they are available in the public forum at

no cost or can be purchased at minimal

cost. In addition, the requirement to

install an emergency towing

arrangement only affects oil tankships

between 20,000 and 50,000 deadweight

tons not presently subject to SOLAS.

The Coast Guard is not aware of any

vessels in this category owned or

operated by a small entity.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this rule will not have a significant

economic impact on a substantial

number of small entities.

Assistance for Small Entities

In accordance with section 213(a) of

the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub.

L. 104–121), the Coast Guard offered to

assist small entities in understanding

the rule so that they could better

evaluate its effects on them and

participate in the rulemaking process.

Assistance with provisions of this final

rule can be obtained by contacting

Commandant (G–MSE), Office of Design

and Engineering Standards, 2100

Second Street, SW., Washington, DC

20593–0001, telephone 202–267–2967.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph 2.B.2

of Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation.

This rule concerns the ‘‘manning,

documentation, admeasurement,

inspection, and equipping of vessels’’ as

well as, ‘‘equipment approval and

carriage requirements’’ within the

meaning of subparagraphs 2.B.2.e(34)

(d) and (e) of the above instruction. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects

33 CFR 155

Hazardous substances, Incorporation

by reference, Oil pollution, Reporting

and recordkeeping requirements.

33 CFR 159

Incorporation by reference, Sewage

disposal, Vessels.

46 CFR 2

Marine safety, Reporting and

recordkeeping requirements, Vessels.

46 CFR 3

Oceanographic research vessels,

Reporting and recordkeeping

requirements, Research.

46 CFR 4

Administrative practice and

procedure, Alcohol abuse, Drug abuse,

Drug testing, Investigations, Marine

safety, National Transportation Safety

Board, Nuclear vessels, Radiation

protection, Reporting and recordkeeping

requirements, Safety, Transportation.

46 CFR 6

Navigation (water), Reporting and

recordkeeping requirements, Vessels.

46 CFR 7

Law enforcement, Vessels.

46 CFR 10

Reporting and recordkeeping

requirements, Schools, Seamen.

46 CFR 12

Reporting and recordkeeping

requirements, Seamen.

46 CFR 15

Reporting and recordkeeping

requirements, Seamen, Vessels.

46 CFR 16

Drug testing, Marine safety, Reporting

and recordkeeping requirements, Safety,

Transportation.

46 CFR 24

Marine safety.

46 CFR 25

Fire prevention, Marine safety,

Reporting and recordkeeping

requirements.

46 CFR 26

Marine safety, Penalties, Reporting

and recordkeeping requirements.

46 CFR 28

Fire prevention, Fishing vessels,

Marine safety, Occupational safety and

health, Reporting and recordkeeping

requirements, Seamen.

46 CFR 30

Cargo vessels, Foreign relations,

Hazardous materials transportation,

Penalties, Reporting and recordkeeping

requirements, Seamen.

46 CFR 31

Cargo vessels, Marine safety,

Reporting and recordkeeping

requirements.

46 CFR 32

Cargo vessels, Fire prevention, Marine

safety, Navigation (water), Occupational

safety and health, Reporting and

recordkeeping requirements, Seamen.

46 CFR 34

Cargo vessels, Fire prevention,

Incorporation by reference, Marine

safety.

46 CFR 35

Cargo vessels, Incorporation by

reference, Marine safety, Navigation

(water), Occupational safety and health,

Reporting and recordkeeping

requirements, Seamen.

46 CFR 39

Cargo vessels, Fire prevention,

Hazardous materials transportation,

Marine safety, Occupational safety and

health, Reporting and recordkeeping

requirements.

46 CFR 50

Reporting and recordkeeping

requirements, Vessels.

46 CFR 56

Incorporation by reference, Reporting

and recordkeeping requirements,

Vessels.

46 CFR 58

Reporting and recordkeeping

requirements, Vessels.

46 CFR 61

Reporting and recordkeeping

requirements, Vessels.
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51193

46 CFR 63

Incorporation by reference, Reporting

and recordkeeping requirements,

Vessels.

46 CFR 68

Vessels.

46 CFR 69

Measurement standards, Penalties,

Reporting and recordkeeping

requirements, Vessels.

46 CFR 70

Marine safety, Passenger vessels,

Reporting and recordkeeping

requirements.

46 CFR 71

Marine safety, Passenger vessels,

Reporting and recordkeeping

requirements.

46 CFR 72

Fire prevention, Marine safety,

Occupational safety and health,

Passenger vessels, Seamen.

46 CFR 76

Fire prevention, Incorporation by

reference, Marine safety, Passenger

vessels.

46 CFR 77

Marine safety, Navigation (water),

Passenger vessels.

46 CFR 78

Incorporation by reference, Marine

safety, Navigation (water), Passenger

vessels, Penalties, Reporting and

recordkeeping requirements.

46 CFR 80

Advertising, Marine safety, Passenger

vessels, Penalties, Travel.

46 CFR 90

Cargo vessels, Marine safety.

46 CFR 91

Cargo vessels, Marine safety,

Reporting and recordkeeping

requirements.

46 CFR 92

Cargo vessels, Fire prevention, Marine

safety, Occupational safety and health,

Seamen.

46 CFR 93

Cargo vessels, Marine safety,

Reporting and recordkeeping

requirements.

46 CFR 95

Cargo vessels, Fire prevention,

Incorporation by reference, Marine

safety.

46 CFR 96

Cargo vessels, Marine safety,

Navigation (water).

46 CFR 97

Cargo vessels, Incorporation by

reference, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements.

46 CFR 105

Cargo vessels, Fishing vessels,

Hazardous materials transportation,

Marine safety, Petroleum, Seamen.

46 CFR 108

Fire prevention, Incorporation by

reference, Marine safety, Occupational

safety and health, Oil and gas

exploration, Vessels.

46 CFR 109

Incorporation by reference, Marine

safety, Occupational safety and health,

Oil and gas exploration, Reporting and

recordkeeping requirements, Vessels.

46 CFR 147A

Fire prevention, Hazardous

substances, Occupational safety and

health, Pesticides and pests, Seamen,

Vessels.

46 CFR 148

Cargo vessels, Hazardous materials

transportation, Marine safety.

46 CFR 150

Hazardous materials transportation,

Marine safety, Occupational safety and

health, Reporting and recordkeeping

requirements.

46 CFR 151

Cargo vessels, Hazardous materials

transportation, Marine safety, Reporting

and recordkeeping requirements, Water

pollution control.

46 CFR 153

Administrative practice and

procedure, Cargo vessels, Hazardous

materials transportation, Marine safety,

Reporting and recordkeeping

requirements, Water pollution control.

46 CFR 154

Cargo vessels, Gases, Hazardous

materials transportation, Marine safety,

Reporting and recordkeeping

requirements.

46 CFR 160

Marine safety, Reporting and

recordkeeping requirements.

46 CFR 164

Fire prevention, Incorporation by

reference, Marine safety, Reporting and

recordkeeping requirements.

46 CFR 166

Schools, Seamen, Vessels.

46 CFR 167

Fire prevention, Marine safety,

Reporting and recordkeeping

requirements, Schools, Seamen, Vessels.

46 CFR 168

Occupational safety and health,

Schools, Seamen, Vessels.

46 CFR 170

Marine safety, Reporting and

recordkeeping requirements, Vessels.

46 CFR 172

Cargo vessels, Hazardous materials

transportation, Incorporation by

reference, Marine safety.

46 CFR 188

Marine safety, Oceanographic

research vessels.

46 CFR 189

Marine safety, Oceanographic

research vessels, Reporting and

recordkeeping requirements.

46 CFR 193

Fire prevention, Incorporation by

reference, Marine safety, Oceanographic

research vessels.

46 CFR 195

Marine safety, Navigation (water),

Oceanographic research vessels.

46 CFR 196

Marine safety, Oceanographic

research vessels, Reporting and

recordkeeping requirements.

46 CFR 197

Benzene, Diving, Marine safety,

Occupational safety and health,

Reporting and recordkeeping

requirements, Vessels.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR parts 155 and 159; and 46 CFR

parts 2, 3, 4, 6, 7, 10, 12, 15, 16, 24, 25,

26, 28, 30, 31, 32, 34, 35, 39, 50, 56, 58,

61, 63, 68, 69, 70, 71, 72, 76, 77, 78, 80,

90, 91, 92, 93, 95, 96, 97, 105, 108, 109,

147A, 148, 150, 151, 153, 154, 160, 164,

166, 167, 168, 170, 172, 188, 189, 193,

195, 196, and 197 as follows:

33 CFR

PART 155—OIL OR HAZARDOUS

MATERIAL POLLUTION PREVENTION

REGULATIONS FOR VESSELS

1. The authority citation for part 155

continues to read as follows:

Authority: 33 U.S.C. 1231, 1321(j); 46

U.S.C. 3715; sec. 2, E.O. 12777, 56 FR 54757,

3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
51194 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

§§ 155.100–155.130, 155.350–155.400,

155.430, 155.440, 155.470, 155.1030 (j) and

(k), and 155.1065(g) also issued under 33

U.S.C. 1903(b); and §§ 155.1110–155.1150

also issued under 33 U.S.C. 2735.

Note: Additional requirements for vessels

carrying oil or hazardous materials are

contained in 46 CFR parts 30 through 36,

150, 151, and 153.

2. In § 155.140(b), add, in alphabetical

order to the organizations referenced,

the following standards:

§ 155.140 Incorporation by reference.

* * * * *

(b) * * *

International Maritime Organization

(IMO)

* * * * *

Resolution MSC.35(63), Adoption of

Guidelines for Emergency Towing

Arrangement on Tankers, May 20,

1994—155.235

* * * * *

3. Revise § 155.235 to read as follows:

§ 155.235 Emergency towing capability for

oil tankers.

An emergency towing arrangement

shall be fitted at both ends on board all

oil tankers of not less than 20,000

deadweight tons (dwt), constructed on

or after September 30, 1997. For oil

tankers constructed before September

30, 1997, such an arrangement shall be

fitted at the first scheduled dry-docking,

but not later than January 1, 1999. The

design and construction of the towing

arrangement shall be in accordance with

IMO resolution MSC.35(63).

PART 159—MARINE SANITATION

DEVICES

4. The authority citation for part 159

continues to read as follows:

Authority: Sec. 312(b)(1), 86 Stat. 871 (33

U.S.C. 1322(b)(1)); 49 CFR 1.45(b) and 1.46

(l) and (m).

5. In § 159.3, add the definition, in

alphabetical order, to read as follows:

§ 159.3 Definitions.

* * * * *

Length means a straight line

measurement of the overall length from

the foremost part of the vessel to the

aftermost part of the vessel, measured

parallel to the centerline. Bow sprits,

bumpkins, rudders, outboard motor

brackets, and similar fittings or

attachments are not to be included in

the measurement.

* * * * *

6. Revise § 159.5 to read as follows:

§ 159.5 Requirements for vessel

manufacturers.

No manufacturer may manufacture for

sale, sell, offer for sale, or distribute for

sale or resale any vessel equipped with

installed toilet facilities unless it is

equipped with:

(a) An operable Type II or III device

that has a label on it under § 159.16 or

that is certified under § 159.12 or

§ 159.12a; or

(b) An operable Type I device that has

a label on it under § 159.16 or that is

certified under § 159.12, if the vessel is

19.7 meters (65 feet) or less in length.

§ 159.7 [Amended]

7. In § 159.7, remove the note and

revise the section to read as follows:

§ 159.7 Requirements for vessel operators.

(a) No person may operate any vessel

equipped with installed toilet facilities

unless it is equipped with:

(1) An operable Type II or III device

that has a label on it under § 159.16 or

that is certified under § 159.12 or

§ 159.12a; or

(2) An operable Type I device that has

a label on it under § 159.16 or that is

certified under § 159.12, if the vessel is

19.7 meters (65 feet) or less in length.

(b) When operating a vessel on a body

of water where the discharge of treated

or untreated sewage is prohibited by the

Environmental Protection Agency under

40 CFR 140.3 or 140.4, the operator

must secure each Type I or Type II

device in a manner which prevents

discharge of treated or untreated

sewage. Acceptable methods of securing

the device include—

(1) Closing the seacock and removing

the handle;

(2) Padlocking the seacock in the

closed position;

(3) Using a non-releasable wire-tie to

hold the seacock in the closed position;

or

(4) Locking the door to the space

enclosing the toilets with a padlock or

door handle key lock.

(c) When operating a vessel on a body

of water where the discharge of

untreated sewage is prohibited by the

Environmental Protection Agency under

40 CFR 140.3, the operator must secure

each Type III device in a manner which

prevents discharge of sewage.

Acceptable methods of securing the

device include—

(1) Closing each valve leading to an

overboard discharge and removing the

handle;

(2) Padlocking each valve leading to

an overboard discharge in the closed

position; or

(3) Using a non-releasable wire-tie to

hold each valve leading to an overboard

discharge in the closed position.

8. Revise § 159.201 to read as follows:

§ 159.201 Recognition of facilities.

A recognized facility is an

independent laboratory accepted by the

Coast Guard under 46 CFR 159.010 to

perform the tests and inspections

required under this part. A list of

accepted laboratories is available from

the Commandant (G–MSE–4).

§ 159.205 [Removed]

9. Remove § 159.205.

46 CFR

PART 2—VESSEL INSPECTIONS

10. The authority citation for part 2

continues to read as follows:

Authority: 14 U.S.C. 664; 31 U.S.C. 9701;

33 U.S.C. 1903; 43 U.S.C. 1333, 1356; 46

U.S.C. 2110, 3306, 3703; E.O. 12234, 45 FR

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

1.46; Subpart 2.45 also issued under the

authority of Act, Dec. 27, 1950, Ch. 1155,

secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App.

note prec. 1).

11. In § 2.01–1, revise paragraphs

(a)(1) and (d)(2) to read as follows:

§ 2.01–1 Applications for inspections.

(a) * * *

(1) Applications for inspections of

vessels required to be inspected under

Subtitle II, Title 46 of the U.S. Code,

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

under 50 U.S.C. 198 shall be made by

the master, owner or agent on the

following Coast Guard forms which are

obtainable from the Officer in Charge,

Marine Inspection, at any local U.S.

Coast Guard Marine Safety Office.

* * * * *

(d) * * *

(2) Foreign-built vessels are not

permitted to engage in the U.S.

coastwise trade (domestic trade) unless

specifically authorized by law.

Therefore, when foreign-built vessels

are intended for use in the coastwise

trade as defined by the U.S. Customs

Service, such vessels will not be

inspected and certificated unless

specifically authorized by law to engage

in the coastwise trade.

12. In § 2.01–10, revise the first

sentence of paragraph (b) to read as

follows:

§ 2.01–10 Inspection requirements—

domestic vessels.

* * * * *

(b) The Coast Guard on its own

initiative may examine or inspect or

reinspect at any time any vessel subject

to inspection under Subtitle II, Title 46

of the U.S. Code, Title 46 and Title 33

U.S. Code. * * *

* * * * *
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51195

13. Revise § 2.01–20 to read as

follows:

§ 2.01–20 Revocation of certificates of

inspection.

Under the authority of 46 U.S.C. 3313

and 46 U.S.C. 3710, a certificate of

inspection issued to a vessel may be

suspended or revoked if a vessel is

found not to comply with the terms of

its certificate or fails to meet a standard

required by this chapter.

14. Revise § 2.01–40(a) to read as

follows:

§ 2.01–40 Passengers or persons in

addition to crew on cargo or tank vessels.

(a) Under the authority of 46 U.S.C.

3304, a documented vessel transporting

cargo may be allowed by its certificate

of inspection to carry not more than 12

individuals in addition to the crew on

international voyages and not more than

16 individuals in addition to the crew

on other voyages.

* * * * *

15. Revise § 2.01–45(a) to read as

follows:

§ 2.01–45 Excursion permit.

(a) Under the authority of 46 U.S.C.

2113, a passenger vessel may be

permitted to engage in excursions and

carry additional numbers of passengers.

For details see part 71 of subchapter H

(Passenger Vessels) of this chapter.

* * * * *

16. Revise § 2.01–50(a) to read as

follows:

§ 2.01–50 Persons other than crew on

towing, oyster, or fishing steam vessels.

(a) A steam vessel engaged in towing,

oyster dredging and planting, and

fishing may be permitted to carry

persons in addition to its crew.

* * * * *

Subpart 2.45—[Removed]

17. Remove subpart 2.45, consisting of

§§ 2.45–1 through 2.45–20.

18. Revise § 2.85–1 to read as follows:

§ 2.85–1 Assignment of load lines.

Most U.S. vessels, and foreign vessels

in U.S. waters are required to have load

line assignments in accordance with 46

U.S.C. Chapter 51. The load lines marks

when placed on a vessel indicate the

maximum draft to which such vessel

can be lawfully submerged, in the

various circumstances and seasons

applicable to such vessel. See

subchapter E (Load Lines) of this

chapter for applicable details governing

assignment and marking of load lines.

PART 3—DESIGNATION OF

OCEANOGRAPHIC RESEARCH

VESSELS

19. The authority citation for part 3

continues to read as follows:

Authority: 46 U.S.C. 2113, 3306; 49 CFR

1.46.

§ 3.01–1 [Amended]

20. In § 3.01–1, remove the words ‘‘46

U.S.C. 441’’ and add, in their place, the

words ‘‘46 U.S.C. 2101 (18)’’.

§ 3.01–3 [Removed]

21. Remove § 3.01–3.

§ 3.03–1 [Amended]

22. In § 3.03–1, remove the words ‘‘46

U.S.C. 441’’ and add, in their place, the

words ‘‘46 U.S.C. 2101(18)’’.

§ 3.10–1 [Amended]

23. In § 3.10–1(a), remove the words

‘‘under the provisions of 46 U.S.C. 441’’.

PART 4—MARINE CASUALTIES AND

INVESTIGATIONS

24. The authority citation for part 4

continues to read as follows:

Authority: 33 U.S.C. 1231; 43 U.S.C. 1333;

46 U.S.C. 2103, 2306, 6101, 6301, 6305; 50

U.S.C. 198; 49 CFR 1.46. Authority for

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

1.46.

25. Add § 4.01–3(d) to read as follows:

§ 4.01–3 Reporting exclusion.

* * * * *

(d) Except as provided in subpart

4.40, public vessels are excluded from

the requirements of this part.

26. Revise § 4.03–40 to read as

follows:

§ 4.03–40 Public vessels.

Public vessel means a vessel that—

(a) Is owned, or demise chartered, and

operated by the U.S. Government or a

government of a foreign country, except

a vessel owned or operated by the

Department of Transportation or any

corporation organized or controlled by

the Department (except a vessel

operated by the Coast Guard or Saint

Lawrence Seaway Development

Corporation); and

(b) Is not engaged in commercial

service.

§ 4.40–3 [Amended]

27. In § 4.40–3(b), remove the words

‘‘R.S. 4450 (46 U.S.C. 239)’’ and add, in

their place, the words ‘‘46 U.S.C.

Chapter 63’’.

28. Revise § 4.40–5(a) to read as

follows:

§ 4.40–5 Definitions.

* * * * *

(a) Act means title III of Public Law

93–633, the Independent Safety Board

Act of 1974 (49 U.S.C. 1131).

* * * * *

§ 4.40–30 [Amended]

29. In § 4.40–30(f), remove the words

‘‘R.S. 4450 (46 U.S.C. 239)’’ and add, in

their place, the words ‘‘46 U.S.C.

Chapter 63’’.

PART 6—WAIVERS OF NAVIGATION

AND VESSEL INSPECTION LAWS AND

REGULATIONS

30. The authority citation for part 6

continues to read as follows:

Authority: Act Dec. 27, 1950, Ch. 1155,

secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App.

note prec. 1); 49 CFR 1.46.

§ 6.07 [Amended]

31. In § 6.07(a), remove the words

‘‘subsection (h) of R.S. 4551, as

amended (46 U.S.C. 643)’’ and add, in

their place, the words ‘‘46 U.S.C. 10311

(c)’’ and, in paragraph (b), remove the

words ‘‘R.S. 4551(h), as amended (46

U.S.C. 643)’’ and add, in their place, the

words ‘‘46 U.S.C. 10311 (c)’’.

§ 6.15 [Removed]

32. Remove § 6.15.

PART 7—BOUNDARY LINES

33. The authority citation for part 7

continues to read as follows:

Authority: 14 U.S.C. 633; 33 U.S.C. 151; 49

CFR 1.46.

§ 7.1 [Amended]

34. In § 7.1, remove the words ‘‘46

U.S.C. 88, the Coastwise Loadline Act;’’

and add, in their place, the words ‘‘46

U.S.C. 5102(b)(6), which exempts from

load line requirements certain vessels

on domestic voyages;’’.

PART 10—LICENSING OF MARITIME

PERSONNEL

35. The authority citation for part 10

continues to read as follows:

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

2103, 2110; 46 U.S.C. Chapter 71; 46 U.S.C.

7502, 7505, 7701; 49 CFR 1.45, 1.46; Sec.

10.107 also issued under the authority of 44

U.S.C. 3507.

§ 10.202 [Amended]

36. In § 10.202(e), remove the last

sentence.

§ 10.470 [Amended]

37. In § 10.470, in paragraphs

(b)(2)(ii), (d)(2)(ii), (f)(2)(ii), (h)(2)(i), and

(j)(2)(ii), remove the last two sentences.

§ 10.472 [Amended]

38. In § 10.472(a)(2)(ii), remove the

last two sentences.
51196 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

§ 10.474 [Amended]

39. In § 10.474(a)(2)(ii), remove the

last two sentences.

PART 12—CERTIFICATION OF

SEAMEN

40. The authority citation for part 12

continues to read as follows:

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

2103, 2110, 7301, 7302, 7503, 7505, 7701; 49

CFR 1.46.

§ 12.01–5 [Removed]

41. Remove § 12.01–5.

§ 12.02–19 [Amended]

42. In § 12.02–19, remove the words

‘‘R.S. 4450, as amended (46 U.S.C. 239)’’

and add, in their place, the words ‘‘46

U.S.C. Chapter 77’’.

Subpart 12.07—[Removed]

43. Remove subpart 12.07 consisting

of §§ 12.07–1 through 12.07–20.

§ 12.15–13 [Amended]

44. In § 12.15–13, remove paragraph

(a)(1) and redesignate paragraphs (a)(2)

through (a)(4) as paragraphs (a)(1)

through (a)(3), respectively.

§ 12.15–15 [Amended]

45. In § 12.15–15, remove paragraph

(a)(1) and redesignate paragraphs (a)(2)

through (a)(4) as paragraphs (a)(1)

through (a)(3), respectively.

Subpart 12.17—[Removed]

46. Remove subpart 12.17 consisting

of §§ 12.17–1 through 12.17–20.

47. Revise § 12.25–1 to read as

follows:

§ 12.25–1 Certification required.

Every person employed in a rating

other than able seaman or qualified

member of the engine department of

U.S. merchant vessels requiring such

certificated persons shall produce a

merchant mariner’s document to the

master, or person in charge if

appropriate, before signing a shipping

articles agreement.

§ 12.25–35 [Amended]

48. In § 12.25–35(b), remove the

words ‘‘under the provisions of title 53

of the Revised Statutes and the

regulations in this subchapter’’.

PART 15—MANNING REQUIREMENTS

49. The authority citation for part 15

continues to read as follows:

Authority: 46 U.S.C. 2101, 2103, 3306,

3703, 8101, 8102, 8104, 8105, 8301, 8304,

8502, 8503, 8701, 8702, 8901, 8902, 8903,

8904, 8905(b), 9102; 49 CFR 1.45 and 1.46.

§ 15.815 [Amended]

50. In § 15.815(c), remove the words

‘‘On or after June 1, 1995,’’ and

capitalize the ‘‘e’’ in the word ‘‘each’’.

PART 16—CHEMICAL TESTING

51. The authority citation for part 16

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 7101,

7301, and 7701; 49 CFR 1.46.

§ 16.205 [Amended]

52. In § 16.205, remove paragraphs (a)

through (e); and redesignate paragraphs

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

respectively.

PART 24—GENERAL PROVISIONS

53. The authority citation for part 24

continues to read as follows:

Authority: 46 U.S.C. 2113, 3306, 4104,

4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

54. In subpart 24.01, revise the title to

read as follows:

Subpart 24.01—Purpose

55. Revise § 24.01–1 to read as

follows:

§ 24.01–1 Purpose of regulations.

The purpose of the regulations in this

subchapter is to set forth uniform

minimum requirements for uninspected

commercial vessels, certain motor

vessels, vessels propelled by sail

carrying passengers for hire, and barges

carrying passengers for hire.

§ 24.01–5 [Removed]

56. Remove § 24.01–5.

§ 24.10–9 [Amended]

57. In § 24.10–9, remove the words

‘‘title 52, Revised Statutes, and acts

amendatory thereof or supplemental

thereto, and rules and regulations

thereunder’’ and add, in their place, the

words ‘‘Subtitle II, Title 46 U.S. Code,

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

regulations issued under these statutes’’.

§ 24.10–15 [Amended]

58. In § 24.10–15, remove the words

‘‘title 52, Revised Statutes, and acts

amendatory thereof or supplemental

thereto, and rules and regulations

thereunder’’ and add, in their place, the

words ‘‘Subtitle II, Title 46 U.S. Code,

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

regulations issued under these statutes’’.

§ 24.10–17 [Amended]

59. In § 24.10–17(a), remove the

words ‘‘, since such a boat is also

subject to the Act of April 25, 1940, as

amended (46 U.S.C. 526–526u), and the

regulations promulgated thereunder’’.

§ 24.10–21 [Amended]

60. In § 24.10–21, remove the words

‘‘title 52, Revised Statutes, and acts

amendatory thereof or supplemental

thereto, and rules and regulations

thereunder’’ and add, in their place, the

words ‘‘Subtitle II, Title 46 U.S. Code,

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

regulations issued under these statutes’’.

§ 24.15–5 [Amended]

61. In § 24.15–5, remove the

paragraph designation (a) and remove

the words ‘‘the Motor Boat Act of 1940

(46 U.S.C. 526–526u) and the

regulations in’’.

PART 25—REQUIREMENTS

62. The authority citation for part 25

continues to read as follows:

Authority: 33 U.S.C. 1903 (b); 46 U.S.C.

3306, 4302; 49 CFR 1.46.

§ 25.26–5 [Amended]

63. In § 25.26–5, in paragraphs (b)

introductory text and (c) introductory

text, remove the words ‘‘After March 10,

1994,’’ and capitalize the letter ‘‘t’’ in

the word ‘‘the’’.

§ 25.26–20 [Amended]

64. In § 25.26–20, in paragraphs (a)

introductory text and (b) introductory

text, remove the words ‘‘After March 10,

1994,’’ and capitalize the letter ‘‘t’’ in

the word ‘‘the’’.

65. In § 25.40–1, revise paragraph (c)

and (d) introductory text to read as

follows:

§ 25.40–1 Tanks and engine spaces.

* * * * *

(c) Boats built after July 31, 1980,

which are manufactured or used

primarily for noncommercial use; which

are leased, rented or chartered to

another for the latter’s noncommercial

use; which are engaged in the carriage

of six or fewer passengers; or which are

in compliance with the requirements of

33 CFR part 183 are exempted from

these requirements.

(d) Boats built after July 31, 1978,

which are manufactured or used

primarily for noncommercial use; which

are rented, leased or chartered to

another for the latter’s noncommercial

use; or which are engaged in conveying

six or fewer passengers are exempted

from the requirements of paragraph (a)

for fuel tank compartments that:

* * * * *

PART 26—OPERATIONS

66. The authority citation for part 26

continues to read as follows:
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51197

Authority: 46 U.S.C. 3306, 4104, 6101,

8105; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

67. Revise § 26.03–5 to read as

follows:

§ 26.03–5 Action required after accident.

(a) Whenever an undocumented

vessel is involved in a marine casualty,

the master or individual in charge

shall—

(1) Render necessary assistance to

each individual affected to save that

affected individual from danger caused

by a marine casualty, so far as the

master or individual in charge can do so

without serious danger to the master’s

or the individual’s vessel or to

individuals on board; and

(2) Give the master’s or individual’s

name and address and identification of

the vessel to the master or individual in

charge of any other vessel involved in

the casualty, to any individual injured,

and to the owner of any property

damaged.

(b) Undocumented vessels involved in

marine casualties shall report the

casualty in accordance with the

requirements of 33 CFR part 173,

subpart C.

Subpart 26.10 [Removed]

68. Remove subpart 26.10 consisting

of §§ 26.10–1 and 26.10–5.

PART 28—REQUIREMENTS FOR

COMMERCIAL FISHING INDUSTRY

VESSELS

69. The authority citation for part 28

continues to read as follows:

Authority: 46 U.S.C. 3316, 4502, 4505,

4506, 6104, 10603; 49 CFR 1.46.

70. In § 28.380(b), insert the words

‘‘electrical heating tape,’’ between the

words ‘‘galley uptake,’’ and ‘‘or similar

source of ignition.’’

PART 30—GENERAL PROVISIONS

71. The authority citation for part 30

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; 49

U.S.C. 5103, 5106; 49 CFR 1.45, 1.46; Section

30.01–2 also issued under the authority of 44

U.S.C. 3507; Section 30.01–5 also issued

under the authority of Sec. 4109, Pub. L.

101–380, 104 Stat. 515.

§ 30.01–3 [Removed]

72. Remove § 30.01–3.

§ 30.01–15 [Amended]

73. In § 30.01–15, remove paragraph

(a) and the paragraph designation (b).

§ 30.01–20 [Removed]

74. Remove § 30.01–20.

§ 30.10–19 [Amended]

75. In § 30.10–19, remove the words

‘‘title 52, R.S., acts amendatory thereof

or supplemental thereto, rules and

regulations thereunder and the

inspections required thereby’’ and add,

in their place, the words ‘‘Subtitle II,

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

33 U.S. Code, and regulations issued

under these statutes’’.

§ 30.10–43 [Amended]

76. In § 30.10–43, remove the words

‘‘title 52, R.S., acts amendatory thereof

or supplemental thereto, rules and

regulations thereunder, and the

inspections required thereby’’ and add,

in their place, the words ‘‘Subtitle II,

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

33 U.S. Code, and regulations issued

under these statutes’’.

§ 30.10–47 [Amended]

77. In § 30.10–47, remove the words

‘‘title 52, R.S., acts amendatory thereof

or supplemental thereto, rules and

regulations thereunder and the

inspections required thereby’’ and add,

in their place, the words ‘‘Subtitle II,

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

33 U.S. Code, and regulations issued

under these statutes’’.

Subpart 30.20 [Removed]

78. Remove subpart 30.20 consisting

of §§ 30.20–1 through 30.20–50.

PART 31—INSPECTION AND

CERTIFICATION

79. The authority citation for part 31

continues to read as follows:

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

3306; 46 U.S.C. 3316, as amended by Sec.

607, Pub. L. 104–324, 110 Stat. 3901; 46

U.S.C. 3703, 5115, 8105; 49 U.S.C. App.

1804; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; E.O. 11735, 38 FR 21243, 3

CFR, 1971–1975 Comp., p. 793; 49 CFR 1.46.

80. Revise § 31.10–5(a)(1) to read as

follows:

§ 31.10–5 Inspection of new tank vessels—

TB/ALL.

(a) * * *

(1) The plans and specifications shall

include the arrangement of the cargo

gear. Plans and specifications for cargo

gear shall be approved by either a

recognized classification society or the

International Cargo Gear Bureau, Inc.,

whose home office is located at 90 West

Street, Suite 1612, New York, NY 10006,

prior to submission to the Officer in

Charge, Marine Inspection.

* * * * *

81. In § 31.10–16, revise paragraphs

(a), (b)(3), (c), and (e) to read as follows:

§ 31.10–16 Inspection and certification of

cargo gear—TB/ALL.

(a) The owner, operator or master

shall provide the Officer in Charge,

Marine Inspection with all current valid

certificates and registers of cargo gear

issued by competent persons or a

recognized organization or nonprofit

association approved by the

Commandant to certify the suitability of

the cargo gear.

(b) * * *

(3) Indicate that the cargo gear

described in the certificate or register

complies with the standards of the

organization or association authorized

to issue the certificate or register.

(c) Competent persons for the

purposes of this section are defined as—

(1) Surveyors of a classification

society recognized by the Commandant

under 46 U.S.C. 3316;

(2) Surveyors of a recognized cargo

gear organization; or

(3) Responsible officials or employees

of the testing laboratories, companies, or

organizations who conduct tests of

pieces of loose cargo gear, wire rope, or

the annealing of gear as may be required

by the standards of the organization or

association authorized to issue the

certificate or register.

* * * * *

(e) The authorization for an

organization to perform the required

inspection is granted at the discretion of

the Commandant (G–MOC), and will

continue until suspended, canceled, or

modified. The following organization is

currently recognized, by the

Commandant (G–MOC), as having the

technical competence to handle the

required inspection:

The International Cargo Gear Bureau, Inc.,

with home office at 90 West Street, Suite

1612, New York, NY 10006.

82. In § 31.10–20, revise paragraphs

(a) and (d) to read as follows:

§ 31.10–20 Definitions relating to hull

examinations—TB/ALL.

* * * * *

(a) Drydock examination means

hauling out of a vessel or placing a

vessel in a drydock or slipway for an

examination of all accessible parts of the

vessel’s underwater body and all

through-hull fittings.

* * * * *

(d) Underwater survey means the

examination, while the vessel is afloat,

of all accessible parts of the vessel’s

underwater body and all through-hull

fittings.

83. In § 31.10–21, revise paragraphs

(d)(4), (e) introductory text, and (e)(1) to

read as follows:
51198 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

§ 31.10–21 Drydock examination, internal

structural examination, cargo tank internal

examination, and underwater survey

intervals—TB/ALL.

* * * * *

(d) * * *

(4) The means that will be provided

for examining through-hull fittings.

* * * * *

(e) Vessels otherwise qualifying under

paragraph (d) of this section, that are 15

years of age or older, may be considered

for continued participation in or entry

into the underwater survey program on

a case-by-case basis if—

(1) Before the vessel’s next scheduled

drydocking, the owner or operator

submits a request for participation or

continued participation to Commandant

(G–MOC);

* * * * *

§ 31.10–33 [Removed]

84. Remove § 31.10–33.

Subpart 31.37—[Removed]

85. Remove subpart 31.37 consisting

of §§ 31.37–1 through 31.37–85.

PART 32—SPECIAL EQUIPMENT,

MACHINERY, AND HULL

REQUIREMENTS

86. The authority citation for part 32

continues to read as follows:

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

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46; Subpart 32.59 also issued

under the authority of Sect. 4109, Pub. L.

101–380, 104 Stat. 515.

87. Revise § 32.53–1(c) to read as

follows:

§ 32.53–1 Application—T/ALL.

* * * * *

(c) This part does not apply to vessels

as stated in 46 U.S.C. 3702.

§ 32.53–10 [Amended]

88. In § 32.53–10, remove paragraphs

(c) through (f) and revise paragraph (b)

to read as follows:

§ 32.53–10 General—T/ALL.

* * * * *

(b) Each inert gas system must be

designed, constructed and installed in

accordance with the provisions of

SOLAS II–2, regulation 62, with the

following provisions:

(1) Acceptable types of water seals

include the wet and semiwet type.

Other types of seals may be accepted on

a case by case basis if approval is given

by the Coast Guard Marine Safety

Center.

(2) If a vapor collection system

required to meet part 39 of this

subchapter is connected to the inert gas

system, the instruction manual required

by SOLAS II–2, regulation 62.21 must

include procedures relating to vapor

collection operations.

§ 32.53–15 [Removed]

89. Remove § 32.53–15.

§ 32.53–20 [Removed]

90. Remove § 32.53–20.

§ 32.53–25 [Removed]

91. Remove § 32.53–25.

§ 32.53–30 [Removed]

92. Remove § 32.53–30.

§ 32.53–35 [Removed]

93. Remove § 32.53–35.

§ 32.53–40 [Removed]

94. Remove § 32.53–40.

§ 32.53–45 [Removed]

95. Remove § 32.53–45.

§ 32.53–50 [Removed]

96. Remove § 32.53–50.

§ 32.53–55 [Removed]

97. Remove § 32.53–55.

§ 32.53–60 [Removed]

98. Remove § 32.53–60.

§ 32.53–65 [Removed]

99. Remove § 32.53–65.

§ 32.53–70 [Removed]

100. Remove § 32.53–70.

§ 32.53–75 [Removed]

101. Remove § 32.53–75.

§ 32.53–80 [Removed]

102. Remove § 32.53–80.

§ 32.53–85 [Removed]

103. Remove § 32.53–85.

104. Add § 32.55–20(e) to read as

follows:

§ 32.55–20 Venting of cargo tanks of

tankships constructed on or after July 1,

1951—T/ALL.

* * * * *

(e) Tank vents which meet the

requirements of SOLAS will be

considered equivalent to the provisions

of this section.

§ 32.55–40 [Removed]

105. Remove § 32.55–40.

106. In § 32.56–1, redesignate the text

as paragraph (a) and add paragraph (b)

to read as follows:

§ 32.56–1 Application—T/ALL.

* * * * *

(b) SOLAS-certificated vessels may be

considered equivalent to the provisions

of this subpart.

107. Add § 32.57–1(b) to read as

follows:

§ 32.57–1 Application—TB/ALL.

* * * * *

(b) SOLAS-certificated vessels may be

considered equivalent to the provisions

of this subpart.

108. Revise § 32.57–10(d)(4) to read as

follows:

§ 32.57–10 Construction —TB/ALL.

* * * * *

(d) * * *

(4) The integrity of any deck in way

of a stairway opening, other than a

stairtower, shall be maintained by

means of ‘‘A’’ or ‘‘B’’ Class divisions or

bulkheads and doors at one level. The

integrity of a stairtower shall be

maintained by ‘‘A’’ Class doors at every

level. The doors shall be of the selfclosing type. No means shall be

provided for locking such doors, except

that crash doors or locking devices

capable of being easily forced in an

emergency may be employed provided a

permanent and conspicuous notice to

this effect is attached to both sides of

the door. Holdback hooks or other

means of permanently holding the door

open will not be permitted. However,

magnetic holdbacks operated from the

bridge or from other suitable remote

control positions are acceptable.

* * * * *

§ 32.60–25 [Amended]

109. In § 32.60–25, remove paragraph

(b) and remove the designation of

paragraph (a).

PART 34—FIREFIGHTING EQUIPMENT

110. The authority citation for part 34

continues to read as follows:

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

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

111. In § 34.01–15(b), add in

alphabetical order to the organization

referenced, the following standard:

§ 34.01–15 Incorporation by reference.

* * * * *

(b) * * *

National Fire Protection Association (NFPA)

Batterymarch Park, Quincy, MA 02269–

9101.

NFPA 13–1996, Standard for the Installation

of Sprinkler Systems—34.30–1

§ 34.10–5 [Amended]

112. Revise § 34.10–5(f) to read as

follows:

§ 34.10–5 Fire pumps—T/ALL.

* * * * *

(f) Fire pumps may be used for other

purposes provided at least one of the
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51199

required pumps is kept available for use

on the fire system at all times. In no case

shall a pump having connection to an

oil line be used as a fire pump. Branch

lines connected to the fire main for

purposes other than fire and deck wash

shall be arranged so that the

requirements of paragraph (b) of this

section and any other services installed

on the fire main can be met

simultaneously.

* * * * *

§ 34.10–10 [Amended]

113. Revise § 34.10–10(i) to read as

follows:

§ 34.10–10 Fire station hydrants, hose and

nozzles—T/ALL.

* * * * *

(i) Fire station hydrant connections

shall be brass, bronze, or other

equivalent metal. Couplings shall either:

(1) Use National Standard fire hose

coupling threads for the 11⁄2 inch (38

millimeter) and 21⁄2 inch (64 millimeter)

hose sizes, i.e., 9 threads per inch for

11⁄2 inch hose, and 71⁄2 threads per inch

for 21⁄2 inch hose; or

(2) Be a uniform design for each hose

diameter throughout the vessel.

* * * * *

§ 34.15 [Amended]

114. In § 34.15–5, remove paragraph

(d) and redesignate paragraph (e) as

paragraph (d).

114a. Revise § 34.20–5(b)(1) to read as

follows:

§ 34.20–5 Quantity of foam required—T/

ALL.

* * * * *

(b) * * *

(1) For usual petroleum products the

rate of supply of foam solution shall be

not less than the greatest of the

following:

(i) 0.6 liters/min per square meter of

cargo tanks deck area, where cargo tanks

deck area means the maximum breadth

of the ship multiplied by the total

longitudinal extent of the cargo tank

spaces;

(ii) 6 liters/min per square meter of

the horizontal sectional area of the

single tank having the largest such area;

or

(iii) 3 liters/min per square meter of

the area protected by the largest

monitor, such area being entirely

forward of the monitor, but not less than

1,250 liters/min.

* * * * *

115. Add subpart 34.30, consisting of

§ 34.30–1, to read as follows:

Subpart 34.30—Automatic Sprinkler

Systems, Details

§ 34.30–1 Application—TB/ALL.

Automatic sprinkler systems shall

comply with NFPA 13–1996.

PART 35—OPERATIONS

116. The authority citation for part 35

continues to read as follows:

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

3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991

Comp., p. 351; 49 CFR 1.46.

§ 35.01–3 [Amended]

117. In § 35.01–3(b), remove the

Philadelphia address for ASTM and

add, in its place, a new address and add

in numerical order of the incorporated

standards the following standard:

§ 35.01–3 Incorporation by reference.

* * * * *

(b) * * *

American Society for Testing and Materials

(ASTM)

ASTM International Headquarters, 100

Barr Harbor Dr., West Conshohocken, PA

19248–2959.

* * * * *

ASTM Adjunct F 1626, Symbols for Use in

Accordance with Regulation II–2/20 of

the 1974 SOLAS Convention, PCN 12–

616260–01,  1996—35.10–3

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment,

London, SE1 7SR United Kingdom.

Resolution A.654(16), Graphical Symbols

for Fire Control Plans—35.10–3

* * * * *

§ 35.01–40 [Removed]

118. Remove § 35.01–40.

§ 35.07–10 [Amended]

119. In § 35.07–10, in paragraph

(b)(2), remove the words ‘‘46 U.S.C.,

sections 85e and 88e, and’’ and in

paragraph (c)(2), remove the words ‘‘See

46 U.S.C. 85e and 88e.’’

120. Revise § 35.10–3 to read as

follows:

§ 35.10–3 Display of plans—TB/ALL.

Barges with sleeping accommodations

for more than six persons and all selfpropelled vessels shall have

permanently exhibited for the guidance

of the officer in charge of the vessel the

following plans:

(a) General arrangement plans

showing for each deck the fire control

stations, the various sections enclosed

by fire-resisting bulkheads, together

with particulars of the fire alarms,

detecting systems, the sprinkler

installation (if any), the fire

extinguishing appliances, means of

access to different compartments, decks,

etc., and the ventilating systems

including particulars of the master fan

controls, the positions of dampers, the

location of the remote means of

stopping fans, and identification

numbers of the ventilating fans serving

each section. If cargo compartments are

‘‘specially suitable for vehicles,’’ they

shall be so indicated on the plan.

Alternatively, at the discretion of the

Commandant, the aforementioned

details may be set out in any other

medium, such as a booklet or on

computer software, provided that the

aforementioned details are available to

each officer and a copy is retained on

board at all times and is accessible

during emergencies. For vessels

constructed on or after September 30,

1997 or for existing vessels which have

their plans redrawn, the symbols used

to identify the aforementioned details

shall be in accordance with IMO

Assembly resolution A.654(16). These

identical symbols can also be found in

ASTM Adjunct F 1626.

(b) Plans showing clearly for each

deck the boundaries of the watertight

compartments, the openings therein

with the means of closure and position

of any controls thereof, and the

arrangements for the correction of any

list due to flooding.

(c) The information contained in the

plans shall be kept up-to-date, and any

changes shall be recorded as soon as

possible.

Subpart 35.12 [Removed]

121. Remove subpart 35.12 consisting

of §§ 35.12–1 through 35.12–5.

122. Revise § 35.25–15 to read as

follows:

§ 35.25–15 Carrying of excess steam—TB/

ALL.

It shall be the duty of the chief

engineer of any tank vessel to see that

a steam pressure is not carried in excess

of that allowed by the certificate of

inspection, and to see that the safety

valves, once set by the inspector, are in

no way tampered with or made

inoperative.

§ 35.25–20 [Removed]

123. Remove § 35.25–20.

§ 35.30–20 [Amended]

124. In § 35.30–20(d), remove the first

sentence.

§ 35.30–40 [Amended]

125. In § 35.30–40, remove paragraph

(b), redesignate paragraph (a) as

introductory text, and redesignate old
51200 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

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

paragraphs (a) through (c), respectively.

126. Revise § 35.35–85 to read as

follows:

§ 35.35–85 Air compressors—TB/ALL.

No person may operate, install, or

reinstall an air compressor in a cargo

area described in § 32.35–15 of this

subchapter.

PART 39—VAPOR CONTROL

SYSTEMS

127. The authority citation for part 39

continues to read as follows:

Authority: 33 U.S.C. 1231; 46 U.S.C. 3306,

3703, 3715(b); 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

§ 39.10–13 [Amended]

128. In § 39.10–13, remove paragraph

(b) and redesignate paragraphs (c), (d),

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

respectively.

PART 50—GENERAL PROVISIONS

129. The authority citation for part 50

continues to read as follows:

Authority: 43 U.S.C 1333; 46 U.S.C 3306,

3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.45, 1.46; Section

50.01–20 also issued under the authority of

44 U.S.C 3507.

§ 50.01–5 [Removed]

130. Remove § 50.01–5.

§ 50.10–5 [Amended]

131. In § 50.10–5, remove the words

‘‘title 52, Revised Statutes, and acts

amendatory thereof or supplemental

thereto, and rules and regulations

thereunder’’ and add, in their place, the

words ‘‘Subtitle II, Title 46, U.S. Code,

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

regulations under these statutes’’.

§ 50.10–10 [Amended]

132. In § 50.10–10, remove the words

‘‘title 52, Revised Statutes, and acts

amendatory thereof or supplemental

thereto, and rules and regulations

thereunder,’’ and add, in their place, the

words ‘‘Subtitle II, Title 46, U.S. Code,

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

regulations under these statutes’’.

§ 50.10–15 [Amended]

133. In § 50.10–15, remove the words

‘‘title 52, Revised Statutes, and acts

amendatory thereof or supplemental

thereto, and rules and regulations

thereunder,’’ and add, in their place, the

words ‘‘Subtitle II, Title 46, U.S. Code,

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

regulations under these statutes’’.

PART 56—PIPING SYSTEMS AND

APPURTENANCES

134. The authority citation for part 56

continues to read as follows:

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

U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991

Comp., p. 351; 49 CFR 1.46.

§ 56.01–2 [Amended]

135. Amend § 56.01–2(b) as follows:

a. Remove the words ‘‘ASTM B 154–

82, Mercurous Nitrate Test for Copper

and Copper Alloy, 56.60–2’’;

b. Remove the words ‘‘ASTM F 1173–

88’’ and add, in their place, the words

‘‘ASTM F 1173–95’’;

c. Remove the Philadelphia address

for ASTM and add, in its place, a new

address; and

d. Add, in alphabetical order to the

organizations whose standards are

incorporated by reference, the following

additional standards:

§ 56.01–2 Incorporation by reference.

* * * * *

(b) * * *

American Society for Testing and

Materials (ASTM)

ASTM International Headquarters,

100 Barr Harbor Dr., West

Conshohocken, PA 19248–2959.

* * * * *

ASTM B 858M–95 Standard Test

Method for Determination of

Susceptibility to Stress Corrosion

Cracking in Copper Alloys Using an

Ammonia Vapor Test—Table 56.60–

2(a)

* * * * *

International Maritime Organization

(IMO)

Publications Section, 4 Albert

Embankment, London, SE1 7SR

United Kingdom. Resolution

A.753(18) Guidelines for the

Application of Plastic Pipes on

Ships—56.60–25

* * * * *

136. In § 56.07–10, revise paragraphs

(c) and (e) to read as follows:

§ 56.07–10 Design conditions and criteria

(modifies 101–104.7).

* * * * *

(c) Ship motion dynamic effects

(replaces 101.5.3). Piping system

designs shall account for the effects of

ship motion and flexure, including

weight, yaw, sway, roll, pitch, heave,

and vibration.

* * * * *

(e) Pressure design (modifies 102.3,

104.1.2 and 104.4).

(1) Materials for use in piping must be

selected as described in § 56.60–1(a) of

this part. Tabulated allowable stress

values for these materials shall be

measured as indicated in 102.3.1 of

ANSI–B–31.1, Tables 56.60–1(a) and

56.60–2(a).

(2) Allowable stress values, as found

in the ASME Code, which are restricted

in application by footnote or are

italicized shall not be used. Where

multiple stresses are listed for a

material, the lowest value of the listing

shall be used unless otherwise approved

by the Commandant. In all cases the

temperature is understood to be the

actual temperature of the component.

(3) Where the operator desires to use

a material not listed, permission must

be obtained from the Commandant.

Requirements for testing found in

§ 56.97–40(a)(2) and § 56.97–40(a)(4)

may affect design and should be

considered. Special design limitations

may be found for specific systems. Refer

to subpart 56.50 for specific

requirements.

* * * * *

137. Revise § 56.10–5(d) to read as

follows:

§ 56.10–5 Pipe.

* * * * *

(d) Nonmetallic pipe. Plastic pipe

may be used subject to the conditions

described in § 56.60–25.

138. Revise § 56.20–15 to read as

follows:

§ 56.20–15 Valves employing resilient

material.

(a) A valve in which the closure is

accomplished by resilient nonmetallic

material instead of a metal to metal seat

shall comply with the design, material,

construction and testing for valves

specified in this part.

(b) Valves employing resilient

material shall be divided into three

categories, Positive shutoff, Category A,

and Category B, and shall be tested and

used as follows:

(1) Positive shutoff valves. The closed

valve must pass less than 10 ml/hr (0.34

fluid oz/hr) of liquid or less than 3 l/hr

(0.11 cubic ft/hr) of gas per inch

nominal pipe size through the line after

removal of all resilient material and

testing at full rated pressure. Packing

material must be fire resistant. Piping

subject to internal head pressure from a

tank containing oil must be fitted with

positive shutoff valves located at the

tank in accordance with § 56.50–60(d).

Otherwise positive shutoff valves may

be used in any location in lieu of a

required Category A or Category B valve.

(2) Category A valves. The closed

valve must pass less than the greater of
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51201

5 percent of its fully open flow rate or

15 percent divided by the square root of

the nominal pipe size (NPS) of its fully

open flow rate through the line after

complete removal of all resilient seating

material and testing at full rated

pressure; as represented by the formula:

(15% / √ NPS) (Fully open flow rate).

Category A valves may be used in any

location except where positive shutoff

valves are required by § 56.50–60(d).

Category A valves are required in the

following locations:

(i) Valves at vital piping system

manifolds;

(ii) Isolation valves in cross-connects

between two piping systems, at least

one of which is a vital system, where

failure of the valve in a fire would

prevent the vital system(s) from

functioning as designed.

(iii) Valves providing closure for any

opening in the shell of the vessel.

(3) Category B valves. The closed

valve will not provide effective closure

of the line or will permit appreciable

leakage from the valve after the resilient

material is damaged or destroyed.

Category B valves are not required to be

tested and may be used in any location

except where a Category A or positive

shutoff valve is required.

(c) If a valve designer elects to use

either calculations or actual fire testing

in lieu of material removal and pressure

testing, the proposed calculation

method or test plan must be accepted by

the Commandant (G–MSE).

139. Revise § 56.50–30(b)(6) to read as

follows:

§ 56.50–30 Boiler feed piping.

* * * * *

(b) * * *

(6) A sentinel valve is not required for

vessels constructed after September 30,

1997, and for other vessels to which it

has been shown to the satisfaction of the

cognizant Officer in Charge, Marine

Inspection or the Coast Guard Marine

Safety Center, that a sentinel valve is

not necessary for the safe operation of

the particular boiler.

* * * * *

§ 56.50–50 [Amended]

140. In § 56.50–50, remove paragraph

(c)(3); redesignate paragraph (c)(4) as

paragraph (c)(3); and revise paragraph

(c)(2) to read as follows:

§ 56.50–50 Bilge and ballast piping.

* * * * *

(c) * * *

(2) Each passenger vessel on an

international voyage must comply with

the provisions of SOLAS II–1/21.

* * * * *

§ 56.50–90 [Amended]

141. In § 56.50–90(e), remove the

sentence ‘‘No perforations or openings

will be permitted throughout the length

of a sounding pipe where fitted to oil

tanks.’’

142. Add § 56.50–103 to read as

follows:

§ 56.50–103 Fixed oxygen-acetylene

distribution piping.

(a) This section applies to fixed

piping installed for the distribution of

oxygen and acetylene carried in

cylinders as vessels stores.

(b) The distribution piping shall be of

at least standard wall thickness and

shall include a means, located as close

to the supply cylinders as possible, of

regulating the pressure from the supply

cylinders to the suitable pressure at the

outlet stations.

(c) Acetylene distribution piping and

pipe fittings must be seamless steel.

Copper alloys containing less than 65

percent copper may be used in

connection with valves, regulators,

gages, and other equipment used with

acetylene.

(d) Oxygen distribution piping and

pipe fittings must be seamless steel or

copper.

(e) When more than two cylinders are

connected to a manifold, the supply

pipe between each cylinder and

manifold shall be fitted with a nonreturn valve.

(f) Except for the cylinder manifolds,

acetylene is not to be piped at a pressure

in excess of 100 kPa (14.7 psi).

(g) Pipe joints on the low pressure

side of the regulators shall be welded.

(h) Branch lines shall not run through

unventilated spaces or accommodation

spaces.

(i) Relief valves or rupture discs shall

be installed as relief devices in the

piping system if the maximum design

pressure of the piping system can be

exceeded. The relief device set pressure

shall not exceed the maximum design

pressure of the piping system. Relief

devices shall discharge to a location in

the weather at least 3 m (10 ft) from

sources of ignition or openings to spaces

or tanks.

(j) Outlet stations are to be provided

with suitable protective devices which

will prevent the back flow of gas into

the supply lines and prevent the passage

of flame into the supply lines.

(k) Shutoff valves shall be fitted at

each outlet.

§ 56.60–2 [Amended]

143. In § 56.60–2, remove paragraph

(a). Redesignate paragraph (b)

introductory text as introductory text to

the section. Redesignate paragraphs

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

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

(c)(1), (c)(1)(i), and (c)(1)(ii),

respectively. Redesignate the text of

paragraph (b)(3)(ii) as paragraph (c)(2)

and revise (c)(2), and in table 56.60–

2(a), revise footnotes 7 and 9 to read as

follows:

§ 56.60–2 Limitations on materials.

* * * * *

(c) * * *

(2) For those specifications in which

no filler material is used in the welding

process, the ultrasonic examination as

required by item S–6 in ASTM A–376

shall be certified as having been met for

service above 800 °F.

Table 56.60–2(a)—Adopted Specifications

not Listed in the ASME Code

* * * * *

7 An ammonia vapor test, in accordance

with ASTM B 858M–95, shall be performed

on a representative model of each finished

product design.

* * * * *

9 An ammonia vapor test, in accordance

with ASTM B 858M–95, shall be performed

on a representative model for each finished

product design. Tension tests shall be

performed to determine tensile strength,

yield strength, and elongation. Minimum

values shall be those listed in table 3 of

ASTM B283.

§ 56.60–25 [Amended]

144. In § 56.60–25, remove paragraph

(b); redesignate paragraphs (c), (d), and

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

respectively; and revise paragraph (a) to

read as follows:

§ 56.60–25 Nonmetallic materials.

(a) Plastic pipe installations shall be

in accordance with the International

Maritime Organization (IMO) resolution

A.753(18), Guidelines for the

Application of Plastic Pipes on Ships

and the following supplemental

requirements:

(1) Materials used in the fabrication of

plastic pipe shall comply with the

appropriate standards listed in § 56.01–

2 of this chapter.

(2) Plastic pipe is not permitted in a

concealed space in an accommodation

or service area, such as behind ceilings

or linings or between double bulkheads,

unless—

(i) Each trunk or duct containing such

piping is completely surrounded by ‘‘A’’

class divisions; or

(ii) An approved smoke-detection

system is fitted in the concealed space

and each penetration of a bulkhead or

deck and each installation of a draft stop

is made in accordance with IMO

resolution A.753(18) to maintain the

integrity of fire divisions.
51202 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

1Where for some reason, such as a joint

configuration, radiography is not applicable,

another approved examination may be utilized.

(3) Plastic pipe used outboard of the

required metallic shell valve in any

piping system penetrating the vessel’s

shell (see § 56.50–95(f)) shall have the

same fire endurance as the metallic

shell valve. Where the shell valve and

the plastic pipe are in the same

unmanned space, the valve shall be

operable from above the freeboard deck.

(4) Pipe that is to be used for potable

water shall bear the seal of approval or

NSF mark of the National Sanitation

Foundation Testing Laboratory,

Incorporated, School of Public Health,

University of Michigan, Ann Arbor, MI

48103.

* * * * *

145. Revise § 56.95–10(a)(1) and

footnote 1 to read as follows:

§ 56.95–10 Type and extent of examination

required.

(a) * * *

(1) 100 percent radiography 1 is

required for all Class I, I–L, and II–L

piping with wall thickness equal to or

greater than 10 mm (.375 in.).

* * * * *

146. Add § 56.97–40(a)(10) to read as

follows:

§ 56.97–40 Installation tests.

(a) * * *

(10) Fixed oxygen-acetylene system

piping.

* * * * *

PART 58—MAIN AND AUXILIARY

MACHINERY AND RELATED SYSTEMS

147. The authority citation for part 58

continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306,

3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

§ 58.10–10 [Amended]

148. In § 58.10–10, remove paragraph

(b) and redesignate paragraphs (c) and

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

respectively.

PART 61—PERIODIC TESTS AND

INSPECTIONS

149. The authority citation for part 61

continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103,

3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,

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

150. Revise § 61.05–20 to read as

follows:

§ 61.05–20 Boiler safety valves.

Each safety valve for a drum,

superheater, or reheater of a boiler shall

be tested at the interval specified by

table 61.05–10.

151. In § 61.10–5, revise paragraphs

(a) and (b) to read as follows:

§ 61.10–5 Pressure vessels in service.

(a) Basic requirements. Each pressure

vessel must be examined or tested every

5 years. The extent of the test or

examination should be that necessary to

determine that the pressure vessel’s

condition is satisfactory and that the

pressure vessel is fit for the service

intended.

(b) Internal and external tests and

inspections. (1) Each pressure vessel

listed on the Certificate of Inspection

must be thoroughly examined externally

every 5 years.

(2) In addition, each pressure vessel

listed on the Certificate of Inspection

that is fitted with a manhole or other

inspection opening so it can be

satisfactorily examined internally, must

be opened for internal examination

every 5 years.

(3) No pressure vessel need be

hydrostatically tested except when a

defect is found that, in the marine

inspector’s opinion, may affect the

safety of the pressure vessel. In this

case, the pressure vessel should be

hydrostatically tested at a pressure of 1

1⁄2 times the maximum allowable

working pressure.

* * * * *

152. Revise § 61.15–12(b) to read as

follows:

§ 61.15–12 Nonmetallic expansion joints.

* * * * *

(b) A nonmetallic expansion joint

must be replaced 10 years after it has

been placed into service if it is located

in a system which penetrates the side of

the vessel and both the penetration and

the nonmetallic expansion joint are

located below the deepest load

waterline. The Officer in Charge, Marine

Inspection may grant an extension of the

ten year replacement to coincide with

the vessel’s next drydocking.

153. Revise § 61.20–5(b) to read as

follows:

§ 61.20–5 Drydock examination.

* * * * *

(b) Sea chests, sea valves, sea

strainers, and valves for the emergency

bilge suction shall be opened up for

examination every 5 years at the time of

drydocking.

PART 63—AUTOMATIC AUXILIARY

BOILERS

154. The authority citation for part 63

continues to read as follows:

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

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

155. In § 63.05–1(b), add, in

alphabetical order to the organizations

referenced, the following standards:

§ 63.05–1 Incorporation by reference.

* * * * *

(b) * * *

* * * * *

American Society for Testing and Materials

(ASTM)

ASTM International Headquarters, 100 Barr

Harbor Dr., West Conshohocken, PA

19248–2959.

Standard Specifications for Shipboard

Incinerators, ASTM F 1323–90—63.25–9

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment,

London, SE1 7SR United Kingdom.

Resolution MEPC.59(33), Revised

Guidelines for the Implementation of

Annex V of MARPOL 73/78—63.25–9

International Organization for

Standardization

Case postale 56, CH–1211, Geneve 2009.

Shipbuilding-Shipboard IncineratorsRequirements, 13617 (1995)—63.25–9

* * * * *

§ 63.25–3 [Amended]

156. In § 63.25–3(j), remove the last

sentence.

157. Revise § 63.25–9 to read as

follows:

§ 63.25–9 Incinerators.

Incinerators installed on or after

March 26, 1998 must meet the

requirements of IMO resolution

MEPC.59(33). Incinerators in

compliance with ISO standard 13617

(1995), ‘‘Shipbuilding-Shipboard

Incinerators-Requirements’’ are

considered to meet the requirements of

IMO resolution MEPC.59(33).

Incinerators in compliance with both

ASTM F–1323–90, ‘‘Standard

Specifications for Shipboard

Incinerators’’ and Annexes A1–A3 of

IMO resolution MEPC.59(33) are

considered to meet the requirements of

IMO resolution MEPC.59(33).

PART 68—DOCUMENTATION OF

VESSELS PURSUANT TO

EXTRAORDINARY LEGISLATIVE

GRANTS

158. The authority citation for part 68

continues to read as follows:

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

Subpart 68.01 also issued under 46 U.S.C.

App. 876; subpart 68.05 also issued under 46

U.S.C. 12106(d).
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51203

Subpart 68.01—[Amended]

159. In Subpart 68.01, revise the

heading to read as follows:

Subpart 68.01—Regulations

Implementing Provisions for 46 U.S.C.

App. 833–1

§ 68.01–1 [Amended]

160. In § 68.01–1, in the definition of

‘‘Act’’ and the definition of ‘‘883–1

citizen’’ or ‘‘883–1 corporation’’ remove

the words ‘‘(46 U.S.C. 883–1)’’ and add,

in their place, the words ‘‘(46 U.S.C.

App. 883–1)’’.

§ 68.01–3 [Amended]

161. In § 68.01–3, in the introductory

paragraph, remove the words ‘‘(46

U.S.C. 883–1)’’ and add, in their place,

the words ‘‘(46 U.S.C. App. 883–1)’’ and

revise the section heading to read as

follows:

§ 68.01–3 Requirements for citizenship

under 46 U.S.C. App. 883–1.

162. In § 68.01–15(c), revise the

introductory text to read as follows:

§ 68.01–15 Restrictions.

* * * * *

(c) A vessel owned by an 883–1

corporation may be operated under

demise or bareboat charter to a common

or a contract carrier subject to 49 U.S.C.

Chapter 101 if the corporation is a U.S.

citizen as defined in 46 U.S.C. App. 802.

* * * * *

PART 69—MEASUREMENT OF

VESSELS

163. The authority citation for part 69

continues to read as follows:

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

1.46.

§ 69.11 [Amended]

164. In § 69.11, remove paragraph

(a)(2)(iv), and redesignate paragraphs

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

(a)(2)(iv) and (a)(2)(v), respectively. In

paragraph (a)(5), remove the words

‘‘After July 18, 1994,’’ and capitalize the

word ‘‘A’’ directly following.

165. In § 69.117(f)(4), revise the

introductory text to read as follows:

§ 69.117 Spaces exempt from inclusion in

gross tonnage.

* * * * *

(f) * * *

(4) If the total of all water ballast

spaces to be exempted from gross

tonnage exceeds 30 percent of the

vessel’s gross tonnage (as calculated

under this subpart without any

allowance for water ballast), a

justification of the operating conditions

that require the water ballast must be

submitted to the measuring organization

for approval. Although a single

condition may justify all water ballast

spaces, several conditions may be

necessary in other cases. However, a

particular tank is not justified by a

condition if another tank already

justified by another condition could be

used as effectively. The justification

must—

* * * * *

PART 70—GENERAL PROVISIONS

166. The authority citation for part 70

continues to read as follows:

Authority: 46 U.S.C. 3306, 3703; 49 U.S.C.

5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR,

1980 Comp., p. 277; 49 CFR 1.45, 1.46;

Section 70.01–15 also issued under the

authority of 44 U.S.C. 3507.

§ 70.01–1 [Amended]

167. In § 70.01–1(a), remove the

paragraph designation (a) and remove

the words ‘‘in accordance with the

intent of title 52 of the Revised Statutes

and acts amendatory thereof or

supplemental thereto, as well as to

implement various International

Conventions for Safety of affect the

merchant marine’’.

§ 70.01–5 [Removed]

168. Remove § 70.01–5.

§ 70.05–15 [Removed]

169. Remove § 70.05–15.

§ 70.05–25 [Removed]

170. Remove § 70.05–25.

§ 70.10–11 [Amended]

171. In § 70.10–11, remove the words

‘‘title 52, Revised Statutes, and acts

amendatory thereof or supplemental

thereto, and rules and regulations

thereunder’’ and add, in their place, the

words ‘‘Subtitle II of Title 46, U.S. Code,

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

regulations issued under these statutes’’.

§ 70.10–25 [Amended]

172. In § 70.10–25, remove the words

‘‘title 52, Revised Statutes, and acts

amendatory thereof or supplemental

thereto, and rules and regulations

thereunder’’ and add, in their place, the

words ‘‘Subtitle II of Title 46, U.S. Code,

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

regulations issued under these statutes’’.

§ 70.10–33 [Amended]

173. In § 70.10–33, remove the words

‘‘title 52, Revised Statutes, and acts

amendatory thereof or supplemental

thereto, and rules and regulations

thereunder’’ and add, in their place, the

words ‘‘Subtitle II of Title 46, U.S. Code,

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

regulations issued under these statutes’’.

Subpart 70.30 [Removed]

174. Remove subpart 70.30 consisting

of §§ 70.30–1 through 70.30–5.

PART 71—INSPECTION AND

CERTIFICATION

175. The authority citation for part 71

continues to read as follows:

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

2113, 3306; 46 U.S.C. 3316, as amended by

Sec. 607, Pub. L. 104–324, 110 Stat. 3901;

E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp.,

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

Comp., p. 351; 49 CFR 1.46.

§ 71.01–10 [Amended]

176. In § 71.01–10(a), remove the

words ‘‘except for those vessels subject

only to the Act of May 10, 1956 (46

U.S.C. 390–390g), when the certificates

will be issued for a period of 3 years’’.

§ 71.25–25 [Amended]

177. In § 71.25–25, revise paragraphs

(a)(5), (b)(3), and (c) to read as follows

and remove paragraph (e):

§ 71.25–25 Hull equipment.

(a) * * *

(5) The owner, operator or master

shall provide the Officer in Charge,

Marine Inspection with all current valid

certificates and registers of cargo gear

issued by an organization recognized by

the Commandant under § 31.10–16.

(b) * * *

(3) Indicate that the cargo gear

described in the certificate or register

complies with the standards of the

organization or association authorized

to issue the certificate or register.

(c) Competent persons for the

purposes of this section are defined as—

(1) Surveyors of a classification

society recognized by the Commandant

under 46 U.S.C. 3316.

(2) Surveyors of a cargo gear

organization recognized by the

Commandant under § 31.10–16.

(3) Responsible officials or employees

of the testing laboratories, companies, or

organizations who conduct tests of

pieces of loose cargo gear, wire rope, or

the annealing of gear as may be required

by the standards of the organization or

association authorized to issue the

certificate or register.

* * * * *

§ 71.30–1 [Amended]

178. In § 71.30–1, remove paragraph

(b) and remove the paragraph

designation (a).

Subpart 71.47 [Removed]

179. Remove subpart 71.47 consisting

of §§ 71.47–1 through 71.47–85.

180. Revise § 71.50–1(a) to read as

follows:
51204 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

§ 71.50–1 Definitions relating to hull

examinations.

* * * * *

(a) Drydock examination means

hauling out a vessel or placing a vessel

in a drydock or slipway for an

examination of all accessible parts of the

vessel’s underwater body and all

through-hull fittings.

* * * * *

181. Add § 71.65–1(c) to read as

follows:

§ 71.65–1 General.

* * * * *

(c) Plans and specifications for cargo

gear shall be approved by either a

recognized classification society or a

recognized cargo gear organization as

defined in § 71.25–25.

PART 72—CONSTRUCTION AND

ARRANGEMENT

182. The authority citation for part 72

continues to read as follows:

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

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

1.46.

183. Revise § 72.01–1 to read as

follows:

§ 72.01–1 Application.

The provisions of this subpart, with

the exception of § 72.01–90, shall apply

to all vessels contracted for on or after

November 19, 1952. Vessels contracted

for prior to November 19, 1952, shall

meet the requirements of § 72.01–90.

§ 72.05–10 [Amended]

184. In § 72.05–10, remove paragraph

(m). Redesignate paragraphs (n) through

(q) as paragraphs (m) through (p),

respectively.

§ 72.30–5 [Removed]

185. Remove § 72.30–5.

PART 76—FIRE PROTECTION

EQUIPMENT

186. The authority citation for part 76

continues to read as follows:

Authority: 46 U.S.C. 3306, E.O. 12234, 45

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

1.46.

187. In § 76.01–2(b), add, in

alphabetical order to the organizations

referenced, the following standard:

§ 76.01–2 Incorporation by reference.

* * * * *

(b) * * *

National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269–

9101.

NFPA 13–1996, Standard for the Installation

of Sprinkler Systems—76.25–1

188. Revise § 76.10–5(f) to read as follows:

§ 76.10–5 Fire pumps.

* * * * *

(f) Fire pumps may be used for other

purposes provided at least one of the

required pumps is kept available for use

on the fire system at all times. In no case

shall a pump having connection to an

oil line be used as a fire pump. Branch

lines connected to the fire main for

purposes other than fire and deck wash

shall be arranged so that the

requirements of paragraphs (b) and (c) of

this section and any other services

installed on the fire main can be met

simultaneously.

* * * * *

189. In § 76.10–10, revise the heading

and paragraph (n)(1) to read as follows:

§ 76.10–10 Fire station hydrants, hose and

nozzles—T/ALL.

* * * * *

(n) * * *

(1) Fire station hydrant connections

shall be brass, bronze, or other

equivalent metal. Couplings shall

either—

(i) Use National Standard fire hose

coupling threads for the 11⁄2 inch (38

millimeter) and 21⁄2 inch (64 millimeter)

hose sizes, i.e., 9 threads per inch for

11⁄2 inch hose, and 71⁄2 threads per inch

for 21⁄2 inch hose; or

(ii) Be a uniform design for each hose

diameter throughout the vessel.

* * * * *

§ 76.15–5 [Remove and Reserve]

190. Remove and reserve § 76.15–5(d).

191. Revise § 76.25–1 to read as

follows:

§ 76.25–1 Application.

Where an automatic sprinkling system

is installed, the systems shall comply

with NFPA 13–1996.

192. Revise § 76.25–90 to read as

follows:

§ 76.25–90 Installations contracted for

prior to September 30, 1997.

(a) Existing arrangements, materials,

and facilities previously approved shall

be considered satisfactory so long as

they meet the minimum requirements of

this paragraph, and they are maintained

in good condition to the satisfaction of

the Officer in Charge, Marine

Inspection. Minor repairs and

replacements may be made to the same

standards as the original installation.

(b) The details of the system shall be

in general agreement with NFPA 13–

1996 insofar as is reasonable and

practicable. Existing piping, pumping

facilities, sprinkler heads, and operating

devices may be retained provided a

reasonable coverage of the spaces

protected is assured.

PART 77—VESSEL CONTROL AND

MISCELLANEOUS SYSTEMS AND

EQUIPMENT

193. The authority citation for part 77

continues to read as follows:

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

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

1.46.

194. In § 77.35–10(a), add the

following sentence to the end of the

paragraph: ‘‘In lieu of the flame safety

lamp, vessels may carry an oxygen

depletion meter which is listed by a

Coast Guard recognized independent

laboratory as intrinsically safe.’’

PART 78—OPERATIONS

195. The authority citation for part 78

continues to read as follows:

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

2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991

Comp., p. 351; 49 CFR 1.46.

196. Add § 78.01–2 to read as follows:

§ 78.01–2 Incorporation by reference.

(a) Certain material is incorporated by

reference into this part with the

approval of the Director of the Federal

Register under 5 U.S.C. 552(a) and 1

CFR part 51. To enforce any edition

other than that specified in paragraph

(b) of this section, the Coast Guard must

publish notice of change in the Federal

Register; and the material must be

available to the public. All approved

material is available for inspection at

the Office of the Federal Register, 800

North Capitol Street NW., Suite 700,

Washington, DC 20002, and at the U.S.

Coast Guard, Lifesaving and Fire Safety

Division (G–MSE–4), 2100 Second

Street SW., Washington, DC 20593–

0001, and is available from the sources

indicated in paragraph (b) of this

section.

(b) The material approved for

incorporation by reference in this part

and the sections affected are as follows:

American Society for Testing and Materials

(ASTM)

ASTM International Headquarters, 100 Barr

Harbor Dr., West Conshohocken, PA

19248–2959.

ASTM Adjunct F 1626, Symbols for Use in

Accordance with Regulation 11–2/20 of

the 1974 SOLAS Convention, PCN 12–

616260–01, • 1996—78.45–1

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment,

London, SE1 7SR United Kingdom.

Resolution A.654(16), Graphical Symbols

for Fire Control Plans—78.45–1

197. Revise § 78.17–30 to read as follows:
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51205

§ 78.17–30 Examination of boilers and

machinery.

It shall be the duty of the chief

engineer when assuming charge of the

boilers and machinery of a vessel to

examine them thoroughly. If any parts

thereof are in bad condition, the fact

shall immediately be reported to the

master, owner or agent, and the Officer

in Charge, Marine Inspection.

§ 78.33–20 [Removed]

198. Remove § 78.33–20.

§ 78.37–10 [Amended]

199. In § 78.37–10(b) introductory

text, remove the words ‘‘(R.S. 4467, as

amended, 46 U.S.C. 460)’’.

Subpart 78.43—[Removed]

200. Remove subpart 78.43 consisting

of § 78.43–1.

201. Revise § 78.45–1 to read as

follows:

§ 78.45–1 When required.

(a) Vessels of 1,000 gross tons and

over, and vessels of any tonnage on an

international voyage shall have

permanently exhibited for the guidance

of the officer in charge of the vessel the

following plans:

(1) General arrangement plans

showing for each deck the fire control

stations, the various sections enclosed

by fire-resisting bulkheads, together

with particulars of the fire alarms,

detecting systems, the sprinkler

installation (if any), the fire

extinguishing appliances, means of

access to different compartments, decks,

etc., and the ventilating systems

including particulars of the master fan

controls, the positions of dampers, the

location of the remote means of

stopping fans, and identification

numbers of the ventilating fans serving

each section. If cargo compartments are

‘‘specially suitable for vehicles,’’ they

shall be so indicated on the plan.

Alternatively, at the discretion of the

Commandant, the listed details may be

set out in a different medium, such as

a booklet or on computer software,

provided that the details are available to

each officer and a written copy is

retained on board at all times and is

accessible during emergencies.

(2) For vessels constructed on or after

September 30, 1997, and for existing

vessels which have their plans redrawn,

the symbols used to identify the

aforementioned details shall be in

accordance with IMO Assembly

resolution A.654(16). The identical

symbols can be found in ASTM Adjunct

F 1626.

(3) Plans showing clearly for each

deck and hold the boundaries of the

watertight compartments, the openings

therein with the means of closure and

position of any controls thereof, and the

arrangements for the correction of any

list due to flooding.

(4) The aforementioned information

required for this section shall be kept

up-to-date, any alteration being

recorded in the applicable medium as

soon as practicable.

202. Revise § 78.47–27 to read as

follows:

§ 78.47–27 Self-contained breathing

apparatus.

Lockers or spaces containing selfcontained breathing apparatus shall be

marked ‘‘SELF-CONTAINED

BREATHING APPARATUS.’’

Subpart 78.53 [Removed]

203. Remove subpart 78.53 consisting

of §§ 78.53–1 through 78.53–5.

204. Revise § 78.55–1 to read as

follows:

§ 78.55–1 Master and chief engineer

responsible.

It shall be the duty of the master and

the engineer in charge of the boilers of

any vessel to require that a steam

pressure is not carried in excess of that

allowed by the certificate of inspection,

and to require that the safety valves,

once set by the inspector, are in no way

tampered with or made inoperative.

205. Revise § 78.65–1 to read as

follows:

§ 78.65–1 Licensed officers.

All licensed officers on a vessel shall

have their licenses conspicuously

displayed.

PART 80—DISCLOSURE OF SAFETY

STANDARDS AND COUNTRY OF

REGISTRY

206. The authority citation for part 80

continues to read as follows:

Authority: 46 U.S.C. 3306; 49 CFR 1.46.

207. Revise § 80.01 to read as follows:

§ 80.01 Purpose.

The purpose of the regulations in this

part is to implement 46 U.S.C. 3504.

§ 80.40 [Amended]

208. In § 80.40, remove the words ‘‘46

U.S.C. 362(b)’’ and add, in their place,

the words ‘‘46 U.S.C. 3504’’.

PART 90—GENERAL PROVISIONS

209. The authority citation for part 90

continues to read as follows:

Authority: 46 U.S.C. 3306, 3703; 49 U.S.C.

5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR,

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

210. Revise § 90.01–1 to read as

follows:

§ 90.01–1 Purpose of regulations.

The purpose of the regulations in this

subchapter is to set forth uniform

minimum requirements for cargo and

miscellaneous vessels, as listed in

Column 5 of table 90.05–1(a).

§ 90.01–5 [Removed]

211. Remove § 90.01–5.

§ 90.05–30 [Removed]

212. Remove § 90.05–30.

213. Revise § 90.10–9 to read as

follows:

§ 90.10–9 Coast Guard District

Commander.

This term means an officer of the

Coast Guard designated as such by the

Commandant to command all Coast

Guard activities within the officer’s

district, which include the inspection,

enforcement, and administration of

Subtitle II of Title 46, U.S. Code, Title

46 and Title 33 U.S. Code, and

regulations issued under these statutes.

214. Revise § 90.10–21 to read as

follows:

§ 90.10–21 Marine inspector or inspector.

These terms mean any person from

the civilian or military branch of the

Coast Guard assigned under the

superintendence and direction of an

Officer in Charge, Marine Inspection, or

any other person as may be designated

for the performance of duties with

respect to inspection, enforcement, and

administration of Subtitle II of Title 46,

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

Code, and regulations issued under

these statutes.

215. Revise § 90.10–23 introductory

text to read as follows:

§ 90.10–23 Motorboat.

This term means any vessel indicated

in Column 5 of table 90.05–1(a) 65 feet

in length or less which is propelled by

machinery (including steam). The

length shall be measured from end to

end over the deck excluding sheer. This

term includes a boat temporarily or

permanently equipped with a

detachable motor. For the purpose of

this subchapter, motorboats are

included under the term ‘‘vessel’’ unless

specifically noted otherwise. The

various classes of motorboats are as

follows:

* * * * *

216. Revise § 90.10–27 to read as

follows:

§ 90.10–27 Officer in Charge, Marine

Inspection (OCMI).

This term means any person from the

civilian or military branch of the Coast
51206 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

Guard designated as such by the

Commandant and who, under the

superintendence and direction of the

Coast Guard District Commander, is in

charge of an inspection zone for the

performance of duties with respect to

the inspections, enforcement, and

administration of Subtitle II of Title 46,

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

Code, and regulations issued under

these statutes.

217. In § 90.10–36, revise the first

sentence to read as follows:

§ 90.10–36 Seagoing barge.

A seagoing barge is a nonselfpropelled vessel of at least 100 gross

tons making voyages beyond the

Boundary Line (as defined in 46 CFR

part 7). * * *

Subpart 90.30–1 [Removed]

218. Remove subpart 90.30–1

consisting of §§ 90.30–1 through 90.30–

5.

PART 91—INSPECTION AND

CERTIFICATION

219. The authority citation for part 91

continues to read as follows:

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

3306; 46 U.S.C. 3316, as amended by Sec.

607, Pub. L. 104–324, 110 Stat. 3901; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; E.O. 11735, 38 FR 21243, 3 CFR, 1971–

1975 Comp., p. 793; 49 CFR 1.46.

§ 91.25–25 [Amended]

220. In § 91.25–25, revise paragraphs

(a)(3), (b)(3), and (c) to read as follows

and remove paragraph (e):

§ 91.25–25 Hull equipment.

(a) * * *

(3) The owner, operator or master

shall provide the Officer in Charge,

Marine Inspection with all current valid

certificates and registers of cargo gear

issued by an organization recognized by

the Commandant under § 31.10–16.

(b) * * *

(3) Indicate that the cargo gear

described in the certificate or register

complies with the standards of the

organization or association authorized

to issue the certificate or register.

(c) Competent persons for the

purposes of this section are defined as—

(1) Surveyors of a classification

society recognized by the Commandant

under 46 U.S.C. 3316.

(2) Surveyors of a cargo gear

organization recognized by the

Commandant under § 31.10–16.

(3) Responsible officials or employees

of the testing laboratories, companies, or

organizations who conduct tests of

pieces of loose cargo gear, wire rope, or

the annealing of gear as may be required

by the standards of the organization or

association authorized to issue the

certificate or register.

* * * * *

Subpart 91.37 [Removed]

221. Remove subpart 91.37 consisting

of §§ 91.37–1 through 91.37–85.

222. In § 91.40–1, revise paragraphs

(a) and (d) to read as follows:

§ 91.40–1 Definitions relating to hull

examinations.

* * * * *

(a) Drydock examination means

hauling out a vessel or placing a vessel

in a drydock or slipway for an

examination of all accessible parts of the

vessel’s underwater body and all

through-hull fittings.

* * * * *

(d) Underwater survey means the

examination, while the vessel is afloat,

of all accessible parts of the vessel’s

underwater body and all through-hull

fittings.

223. In § 91.40–3, revise paragraphs

(d)(4), (e) introductory text, and (e)(1) to

read as follows:

§ 91.40–3 Drydock examination, internal

structural examination, cargo tank internal

examination, and underwater survey

intervals.

* * * * *

(d) * * *

(4) The means that will be provided

for examining through-hull fittings.

* * * * *

(e) Vessels otherwise qualifying under

paragraph (d) of this section, that are 15

years of age or older, may be considered

for continued participation in or entry

into the underwater survey program on

a case-by-case basis if—

(1) Before the vessel’s next scheduled

drydocking, the owner or operator

submits a request for participation or

continued participation to Commandant

(G–MOC);

* * * * *

224. Add § 91.55–1(c) to read as

follows:

§ 91.55–1 General.

* * * * *

(c) Plans and specifications for cargo

gear shall be approved by either a

recognized classification society or a

recognized cargo gear organization, as

specified in § 91.25–25.

PART 92—CONSTRUCTION AND

ARRANGEMENT

225. The authority citation for part 92

continues to read as follows:

Authority: 46 U.S.C. 3306; 5115; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

226. Add § 92.07–1(c) to read as

follows:

§ 92.07–1 Application.

* * * * *

(c) SOLAS-certificated vessels

complying with method IC, as described

in SOLAS 74, regulation II–2/42, may be

considered equivalent to the provisions

of this subpart.

PART 93—STABILITY

227. The authority citation for part 93

continues to read as follows:

Authority: 46 U.S.C. 3306; 5115; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

Subpart 93.20 [Removed]

228. Remove subpart 93.20 consisting

of §§ 93.20–1 through 93.20–20,

including table 93.17–15.

PART 95—FIRE PROTECTION

EQUIPMENT

229. The authority citation for part 95

continues to read as follows:

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

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

1.46.

230. In § 95.01–2(b), add, in

alphabetical order of the organizations

referenced, the following standard:

§ 95.01–2 Incorporation by reference.

* * * * *

(b) * * *

National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269–

9101.

NFPA 13–1996, Standard for the Installation

of Sprinkler Systems—95.30–1

231. Revise § 95.10–5(f) to read as

follows:

§ 95.10–5 Fire pumps.

* * * * *

(f) Fire pumps may be used for other

purposes provided at least one of the

required pumps is kept available for use

on the fire system at all times. In no case

shall a pump having connection to an

oil line be used as a fire pump. Branch

lines connected to the fire main for

purposes other than fire and deck wash

shall be so arranged that adequate water

can be made continuously available for

firefighting purposes.

* * * * *

232. Revise § 95.10–10(n)(1) to read as

follows:

§ 95.10–10 Fire hydrants and hose.

* * * * *

(n) * * *
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51207

(1) Fire station hydrant connections

shall be brass, bronze, or other

equivalent metal. Couplings shall either:

(i) Use National Standard fire hose

coupling threads for the 11⁄2 inch (38

millimeter) and 21⁄2 inch (64 millimeter)

hose sizes, i.e., 9 threads per inch for

11⁄2 inch hose, and 71⁄2 threads per inch

for 21⁄2 inch hose; or

(ii) Be a uniform design for each hose

diameter throughout the vessel.

* * * * *

§ 95.15–5 [Amended]

233. In § 95.15–5, remove paragraph

(d) and redesignate paragraphs (e) and

(f) as paragraphs (d) and (e),

respectively.

234. Add subpart 95.30 to read as

follows:

Subpart 95.30—Automatic Sprinkler

Systems, Details

§ 95.30–1 Application.

Automatic sprinkler systems shall

comply with NFPA 13–1996.

PART 96—VESSEL CONTROL AND

MISCELLANEOUS SYSTEMS AND

EQUIPMENT

235. The authority citation for part 96

continues to read as follows:

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

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

1.46.

236. In § 96.35–10(a), add the

following sentence to the end of the

paragraph: ‘‘In lieu of the flame safety

lamp, vessels may carry an oxygen

depletion meter which is listed by a

Coast Guard recognized independent

laboratory as intrinsically safe.’’

PART 97—OPERATIONS

237. The authority citation for part 97

continues to read as follows:

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

2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991

Comp., p. 351; 49 CFR 1.46.

238. Add § 97.01–2 to read as follows:

§ 97.01–2 Incorporation by reference.

(a) Certain material is incorporated by

reference into this part with the

approval of the Director of the Federal

Register under 5 U.S.C. 552(a) and 1

CFR part 51. To enforce any edition

other than that specified in paragraph

(b) of this section, the Coast Guard must

publish notice of change in the Federal

Register; and the material must be

available to the public. All approved

material is available for inspection at

the Office of the Federal Register, 800

North Capitol Street NW., Suite 700,

Washington, DC 20002, and at the U.S.

Coast Guard, Lifesaving and Fire Safety

Division (G–MSE–4), 2100 Second

Street SW., Washington, DC 20593–

0001, and is available from the sources

indicated in paragraph (b) of this

section.

(b) The material approved for

incorporation by reference in this part

and the sections affected are as follows:

American Society for Testing and Materials

(ASTM)

ASTM International Headquarters, 100 Barr

Harbor Dr., West Conshohocken, PA

19248–2959.

ASTM Adjunct F 1626, Symbols for Use in

Accordance with Regulation 11–2/20 of

the 1974 SOLAS Convention, PCN 12–

616260–01,  1996—97.36–1

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment,

London, SE1 7SR United Kingdom.

Resolution A.654(16), Graphical Symbols for

Fire Control Plans—97.36–1

239. Revise § 97.15–15 to read as

follows:

§ 97.15–15 Examination of boilers and

machinery.

It shall be the duty of the chief

engineer when assuming charge of the

boilers and machinery of a vessel to

examine them thoroughly. If any parts

thereof are in bad condition, the fact

shall immediately be reported to the

master, owner or agent, and the Officer

in Charge, Marine Inspection.

§ 97.30–20 [Removed]

240. Remove § 97.30–20.

241. Revise § 97.36–1 to read as

follows:

§ 97.36–1 When required.

Barges with sleeping accommodations

for more than six persons and all selfpropelled vessels shall have

permanently exhibited for the guidance

of the officer in charge of the vessel the

following plans:

(a) General arrangement plans

showing for each deck the fire control

stations, the various sections enclosed

by fire-resisting bulkheads, together

with particulars of the fire alarms,

detecting systems, the sprinkler

installation (if any), the fire

extinguishing appliances, means of

access to different compartments, decks,

etc., and the ventilating systems

including particulars of the master fan

controls, the positions of dampers, the

location of the remote means of

stopping fans, and identification

numbers of the ventilating fans serving

each section. If cargo compartments are

‘‘specially suitable for vehicles,’’ they

shall be so indicated on the plan.

Alternatively, at the discretion of the

Commandant, the aforementioned

details may be set out in any other

medium, such as a booklet or on

computer software, provided that the

aforementioned details are available to

each officer and a copy is retained on

board at all times and is accessible

during emergencies. For vessels

constructed on or after September 30,

1997 or for existing vessels which have

their plans redrawn, the symbols used

to identify the aforementioned details

shall be in accordance with IMO

Assembly resolution A.654(16). These

identical symbols can also be found in

ASTM Adjunct F 1626.

(b) Plans showing clearly for each

deck and hold the boundaries of the

watertight compartments, the openings

therein with the means of closure and

position of any controls thereof, and the

arrangements for the correction of any

list due to flooding.

(c) The aforementioned information

shall be kept up-to-date, any alteration

being recorded in the applicable

medium as soon as practicable.

242. In § 97.37–20, revise the heading

to read as follows:

§ 97.37–20 Self-contained breathing

apparatus.

* * * * *

Subpart 97.43—[Removed]

243. Remove subpart 97.43 consisting

of §§ 97.43–1 to 97.43–5.

244. Revise § 97.45–1 to read as

follows:

§ 97.45–1 Master and chief engineer

responsible.

It shall be the duty of the master and

the chief engineer of any vessel to

require that a steam pressure is not

carried in excess of that allowed by the

certificate of inspection, and to require

that the safety valves, once set by the

inspector, are in no way tampered with

or made inoperable.

245. Revise § 97.53–1 to read as

follows:

§ 97.53–1 Licensed officers.

All licensed officers on a vessel shall

have their licenses conspicuously

displayed.

PART 105—COMMERCIAL FISHING

VESSELS DISPENSING PETROLEUM

PRODUCTS

246. The authority citation for part

105 continues to read as follows:

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

3306, 3703, 4502; 49 U.S.C. App.1804; E.O.

11735, 38 FR 21243, 3 CFR, 1971–1975

Comp., p. 793; 49 CFR 1.46.

247. Revise § 105.01–1 to read as

follows:
51208 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

§ 105.01–1 Purpose.

The purpose of the regulations in this

part is to provide adequate safety in the

transporting and handling of

inflammable or combustible cargo in

bulk on board certain commercial

fishing vessels and tenders.

§ 105.10–1 [Removed]

248. Remove § 105.10–1.

249. Revise § 105.35–1(a) to read as

follows:

§ 105.35–1 General.

(a) In addition to the requirements in

§ 28.160 of subchapter C of this chapter,

at least two B–II dry chemical or foam

portable fire extinguishers bearing the

marine type label of the Underwriter’s

Laboratories, Inc., shall be located at or

near each dispensing area.

* * * * *

PART 108—DESIGN AND EQUIPMENT

250. The authority citation for part

108 continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3102,

3306; 49 CFR 1.46.

251. In § 108.101(b), add, in

alphabetical order of the organizations

referenced, the following standard:

§ 108.101 Incorporation by reference.

* * * * *

(b) * * *

National Fire Protection Association (NFPA)

1 Batterymarch Park, Quincy, MA 02269–

9101.

NFPA 13–1996, Standard for the Installation

of Sprinkler Systems—108.430

252. Revise § 108.417(e) to read as

follows:

§ 108.417 Fire pump components and

associated equipment.

* * * * *

(e) An oil line must not be connected

to a fire pump.

253. Revise § 108.425(b) to read as

follows:

§ 108.425 Fire hoses and associated

equipment.

* * * * *

(b) Fire station hydrant connections

shall be brass, bronze, or other

equivalent metal. Couplings shall either:

(1) Use National Standard fire hose

coupling threads for the 11⁄2 inch (38

millimeter) and 21⁄2 inch (64 millimeter)

hose sizes, i.e., 9 threads per inch for

11⁄2 inch hose, and 71⁄2 threads per inch

for 21⁄2 inch hose; or

(2) Be a uniform design for each hose

diameter throughout the vessel.

* * * * *

254. In Subpart D, after § 108.429, add

an undesignated centerhead and

§ 108.430 to read as follows:

Automatic Sprinkling Systems

§ 108.430 General.

Automatic Sprinkler Systems shall

comply with NFPA 13–1996.

§ 108.435 [Removed]

255. Remove § 108.435.

PART 109—OPERATIONS

256. The authority citation for part

109 continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306,

5115, 6101, 10104; 49 CFR 1.46.

257. Add § 109.105 to read as follows:

§ 109.105 Incorporation by reference.

(a) Certain material is incorporated by

reference into this part with the

approval of the Director of the Federal

Register in accordance with 5 U.S.C.

552(a). To enforce any edition other

than that specified in paragraph (b) of

this section, the Coast Guard must

publish notice of change in the Federal

Register and make the material available

to the public. All approved material is

on file at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC 20002, and at

the U.S. Coast Guard, Office of Design

and Engineering Standards (G–MSE),

2100 Second Street SW., Washington,

DC 20593–0001 and is available from

the sources indicated in paragraph (b) of

this section.

(b) The material for incorporation by

reference in this part and the sections

affected are:

American Society for Testing and Materials

(ASTM)

ASTM International Headquarters, 100 Barr

Harbor Dr., West Conshohocken, PA

19248–2959.

ASTM Adjunct F 1626, Symbols for Use in

Accordance with Regulation 11–2/20 of

the 1974 SOLAS Convention, PCN 12–

616260–01,  1996—109.563

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment,

London, SE1 7SR United Kingdom.

Resolution A.654.(16), Graphical Symbols for

Fire Control Plans—109.563

§ 109.121 [Amended]

258. In § 109.121, remove paragraph

(b) and redesignate paragraph (c) as

paragraph (b).

§ 109.423 [Removed]

259. Remove § 109.423.

260. Revise § 109.431(a) to read as

follows:

§ 109.431 Logbook.

(a) The master or person in charge of

a unit, that is required by 46 U.S.C.

11301 to have an official logbook, shall

maintain the logbook on Form CG–706.

When the voyage is completed, the

master or person in charge shall file the

logbook with the Officer in Charge,

Marine Inspection.

* * * * *

261. Revise § 109.555(b) to read as

follows:

§ 109.555 Propulsion boilers.

* * * * *

(b) The safety valves, once set, are not

tampered with or made inoperative.

262. Add § 109.563(a)(6) to read as

follows:

§ 109.563 Posting of documents.

* * * * *

(a) * * *

(6) For units constructed on or after

September 30, 1997, and for existing

units which have their plans redrawn,

the symbols used to identify the

aforementioned details shall be in

accordance with IMO Assembly

resolution A.654(16). The identical

symbols can be found in ASTM Adjunct

F 1626.

* * * * *

PART 147A—INTERIM REGULATIONS

FOR SHIPBOARD FUMIGATION

263. The authority citation for part

147A is revised to read as follows:

Authority: 46 U.S.C. 5103; 49 CFR 1.46.

PART 148—CARRIAGE OF SOLID

HAZARDOUS MATERIALS IN BULK

264. The authority citation for part

148 is revised to read as follows:

Authority: 49 U.S.C. 5103; 49 CFR 1.46.

265. Revise § 148.01–1(c) to read as

follows:

§ 148.01–1 Purpose and applicability.

* * * * *

(c) For purposes of this part, the term

vessel means a ‘‘cargo vessel or barge’’

which is not exempted under 49 U.S.C.

5107(d).

* * * * *

SUBCHAPTER O—CERTAIN BULK

DANGEROUS CARGOES

Subchapter O [Amended]

266. In Subchapter O, remove the

Note which precedes part 150.

PART 150—COMPATIBILITY OF

CARGOES

267. The authority citation for part

150 continues to read as follows:
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51209

Authority: 46 U.S.C. 3306, 3703; 49 CFR

1.45, 1.46. Section 150.105 issued under 44

U.S.C. 3507; 49 CFR 1.45.

268. Revise § 150.110 to read as

follows:

§ 150.110 Applicability.

This subpart prescribes rules for

identifying incompatible hazardous

materials and rules for carrying these

materials in bulk as cargo in

permanently attached tanks or in tanks

that are loaded or discharged while

aboard the vessel. The rules apply to all

vessels that carry liquid dangerous

cargoes in bulk that are subject to 46

U.S.C. Chapter 37.

PART 151—BARGES CARRYING BULK

LIQUID HAZARDOUS MATERIAL

CARGOES

269. The authority citation for part

151 continues to read as follows:

Authority: 33 U.S.C. 1903; 46 U.S.C. 3703;

49 CFR 1.46.

270. Revise § 151.03–30(c) (the Note

remains unchanged) to read as follows:

§ 151.03–30 Hazardous material.

* * * * *

(c) Designated a hazardous material

under 49 U.S.C. 5103.

* * * * *

271. Revise § 151.03–41 to read as

follows:

§ 151.03–41 Officer in Charge, Marine

Inspection (OCMI).

This term means any person from the

civilian or military branch of the Coast

Guard designated as such by the

Commandant and who, under the

superintendence and direction of the

Coast Guard District Commander, is in

charge of an inspection zone for the

performance of duties with respect to

the enforcement and administration of

Subtitle II of Title 46, U.S. Code, Title

46 and Title 33 U.S. Code, and

regulations issued under these statutes.

PART 153—SHIPS CARRYING BULK

LIQUID, LIQUEFIED GAS, OR

COMPRESSED GAS HAZARDOUS

MATERIALS

272. The authority citation for part

153 continues to read as follows:

Authority: 46 U.S.C. 3703; 49 CFR 1.46.

Section 153.40 issued under 49 U.S.C. 5103.

Sections 153.470 through 153.491, 153.1100

through 153.1132, and 153.1600 through

153.1608 also issued under 33 U.S.C.

1903(b).

273. In § 153.2, paragraph (3) (but not

the Note) in the definition of Hazardous

material is revised to read as follows:

§ 153.2 Definitions and acronyms.

* * * * *

Hazardous material means a liquid

material or substance that is—

* * * * *

(3) Designated a hazardous material

under 49 U.S.C. 5103.

* * * * *

§ 153.470 [Amended]

274. In § 153.470, remove the Note at

the end of the section.

PART 154—SAFETY STANDARDS FOR

SELF-PROPELLED VESSELS

CARRYING BULK LIQUEFIED GASES

275. The authority citation for part

154 continues to read as follows:

Authority: 46 U.S.C. 3703, 9101; 49 CFR

1.46.

§ 154.1445 [Removed]

276. Remove § 154.1445.

PART 160—LIFESAVING EQUIPMENT

277. The authority citation for part

160 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703, and

4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

278. Revise § 160.001–1 to read as

follows:

§ 160.001–1 Scope.

(a) This subpart contains the general:

(1) Characteristics of life preservers

(Type I personal flotation devices

(PFDs));

(2) Approval procedures for life

preservers; and

(3) Production oversight requirements

for life preservers.

(b) Other subparts in this part specify

the detailed requirements for standard

type life preservers and may

supplement the requirements in this

subpart.

279. In § 160.001–2, revise paragraphs

(b) and (d) to read as follows:

§ 160.001–2 General characteristics of life

preservers.

* * * * *

(b) A life preserver must be capable of

supporting a minimum of 22 pounds in

fresh water for 48 hours.

* * * * *

(d) A life preserver must be:

(1) Simple in design;

(2) Capable of being:

(i) Worn inside-out,

(ii) worn clearly in only one way, or

(iii) Donned correctly without

demonstration, instructions, or

assistance by at least 75 percent of

persons unfamiliar with the design; and

(3) Capable of being quickly adjusted

for a secure fit to the body of wearers

for which it is intended.

* * * * *

280. Revise § 160.001–3 to read as

follows:

§ 160.001–3 Procedure for approval.

(a) General. Designs of life preservers

are approved only by the Commandant,

U.S. Coast Guard. Manufacturers

seeking approval of a life preserver

design shall follow the procedures of

this section and subpart 159.005 of this

chapter.

(b) Each application for approval of a

life preserver must contain the

information specified in § 159.005–5 of

this chapter. The application and,

except as provided in paragraphs (c) and

(d)(2) of this section, a prototype life

preserver must be submitted to the

Commandant for preapproval review. If

a similar design has already been

approved, the Commandant may waive

the preapproval review under

§§ 159.005–5 and 159.005–7 of this

chapter.

(c) If the life preserver is of a standard

design, as described by subpart 160.002,

160.005, or 160.055, the application:

(1) Must include the following: A

statement of any exceptions to the

standard plans and specifications,

including drawings, product

description, construction specifications,

and/or bill of materials.

(2) Need not include: The information

specified in § 159.005–5(a)(2).

(d) If the life preserver is of a nonstandard design, the application must

include the following:

(1) Plans and specifications

containing the information required by

§ 159.005–12 of this chapter, including

drawings, product description,

construction specifications, and bill of

materials.

(2) The information specified in

§ 159.005–5(a)(2)(i) through (iii) of this

chapter, except that, if preapproval

review has been waived, the

manufacturer is not required to send a

prototype PFD sample to the

Commandant.

(3) Performance testing results of the

design performed by an independent

laboratory, that has a Memorandum of

Understanding with the Coast Guard

under § 159.010–7 of this subchapter

covering the in-water testing of personal

flotation devices, showing equivalence

to the standard design’s performance in

all material respects.

(4) The Approval Type sought (Type

I or Type V).

(5) Any special purpose(s) for which

the life preserver is designed and the
51210 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

vessel(s) or vessel type(s) on which its

use is intended.

(6) Buoyancy and other relevant

tolerances to be complied with during

production.

(7) The text of any optional marking

to be included on the life preserver in

addition to the markings required by the

applicable approval subpart.

(8) For any conditionally approved

life preserver, the intended approval

condition(s).

(e) The description of quality control

procedures required by § 159.005–9 of

this chapter may be omitted if the

manufacturer’s planned quality control

procedures meet the requirements of

those accepted by the Commandant for

the independent laboratory performing

production inspections and tests.

(f) Waiver of tests. A manufacturer

may request that the Commandant

waive any test prescribed for approval

under the applicable subpart. To request

a waiver, the manufacturer must submit

to the Commandant and the laboratory

described in § 159.010, one of the

following:

(1) Satisfactory test results on a PFD

of sufficiently similar design as

determined by the Commandant.

(2) Engineering analysis

demonstrating that the test for which a

waiver is requested is not appropriate

for the particular design submitted for

approval or that, because of its design or

construction, it is not possible for the

PFD to fail that test.

281. Add § 160.001–5 to read as

follows:

§ 160.001–5 Production oversight.

(a) General. Production tests and

inspections must be conducted in

accordance with this section, subpart

159.007 of this chapter, and if

conducted by an independent

laboratory, the independent laboratory’s

procedures for production inspections

and tests as accepted by the

Commandant. The Commandant may

prescribe additional production tests

and inspections necessary to maintain

quality control and to monitor

compliance with the requirements of

this subchapter.

(b) Oversight. In addition to

responsibilities set out in part 159 of

this chapter and the accepted laboratory

procedures for production inspections

and tests, each manufacturer of a life

preserver and each laboratory inspector

shall comply with the following, as

applicable:

(1) Manufacturer. Each manufacturer

must—

(i) Perform all tests and examinations

necessary to show compliance with this

subpart and subpart under which the

life preserver is approved on each lot

before any inspector’s tests and

inspection of the lot;

(ii) Follow established procedures for

maintaining quality control of the

materials used, manufacturing

operations, and the finished product;

and

(iii) Allow an inspector to take

samples of completed units or of

component materials for tests required

by this subpart and for tests relating to

the safety of the design.

(2) Laboratory. An inspector from the

accepted laboratory shall oversee

production in accordance with the

laboratory’s procedures for production

inspections and tests accepted by the

Commandant. During production

oversight, the inspector shall not

perform or supervise any production

test or inspection unless—

(i) The manufacturer has a valid

approval certificate; and

(ii) The inspector has first observed

the manufacturer’s production methods

and any revisions to those methods.

(3) At least quarterly, the inspector

shall check the manufacturer’s

compliance with the company’s quality

control procedures, examine the

manufacturer’s required records, and

observe the manufacturer perform each

of the required production tests.

(c) Test facilities. The manufacturer

shall provide a suitable place and

apparatus for conducting the tests and

inspections necessary to determine

compliance of life preservers with this

subpart. The manufacturer shall provide

means to secure any test that is not

continuously observed, such as the 48

hour buoyancy test. The manufacturer

must have the calibration of all test

equipment checked in accordance with

the test equipment manufacturer’s

recommendation and interval but not

less than at least once every year.

(d) Lots. A lot may not consist of more

than 1000 life preservers. A lot number

must be assigned to each group of life

preservers produced. Lots must be

numbered serially. A new lot must be

started whenever any change in

materials or a revision to a production

method is made, and whenever any

substantial discontinuity in the

production process occurs. The lot

number assigned, along with the

approval number, must enable the PFD

manufacturer to determine the

supplier’s identifying information for

the component lot.

(e) Samples. (1) From each lot of life

preservers, manufacturers shall

randomly select a number of samples

from completed units at least equal to

the applicable number required by table

160.001–5(e) for buoyancy testing.

Additional samples must be selected for

any tests, examinations, and inspections

required by the laboratory’s production

inspections and tests procedures.

TABLE 160.001–5(e).—SAMPLING FOR

BUOYANCY TESTS

Lot size

Number of

life preservers in sample

100 and under .......................... 1

101 to 200 ................................. 2

201 to 300 ................................. 3

301 to 500 ................................. 4

501 to 750 ................................. 6

751 to 1000 ............................... 8

(2) For a lot next succeeding one from

which any sample life preserver failed

the buoyancy test, the sample shall

consist of not less than ten specimen life

preservers to be tested for buoyancy in

accordance with paragraph (f) of this

section.

(f) Buoyancy test. The buoyancy of the

life preservers must be determined by

measuring the upward force exerted by

the individual submerged unit. The

buoyancy measurement must be made at

the end of the 24 or 48 hours of

submersion, as specified in the

applicable approval subpart, during

which period the pad inserts must not

be disturbed.

(g) Buoyancy required. The buoyancy

must meet the requirements of the

applicable approval subpart.

(h) Lot inspection. On each lot, the

laboratory inspector shall perform a

final lot inspection to be satisfied that

the life preservers meet this subpart.

Each lot must demonstrate—

(1) First quality workmanship;

(2) That the general arrangement and

attachment of all components, such as

body straps, closures, tie tapes, and

drawstrings, are as specified in the

approved plans and specifications;

(3) Compliance with the marking

requirements in the applicable approval

subpart; and

(4) The information pamphlet

specified in 33 CFR part 181 subpart G,

if required, is securely attached to the

device, with the PFD selection

information visible and accessible prior

to purchase.

(i) Lot acceptance. When the

independent laboratory has determined

that the life preservers in the lot are of

a type officially approved in the name

of the company, and that such life

preservers meet the requirements of this

subpart, they shall be plainly marked in

waterproof ink with the independent

laboratory’s name or identifying mark.
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51211

(j) Lot rejection. Each nonconforming

unit must be rejected. If three or more

nonconforming units are rejected for the

same kind of defect, lot inspection must

be discontinued and the lot rejected.

The inspector must discontinue lot

inspection and reject the lot if

examination of individual units or the

records for the lot shows

noncompliance with either this

subchapter or the laboratory’s or the

manufacturer’s quality control

procedures. A rejected unit or lot may

be resubmitted for testing and

inspection if the manufacturer first

removes and destroys each defective

unit or, if authorized by the laboratory,

reworks the unit or lot to correct the

defect. A rejected lot or rejected unit

may not be sold or offered for sale under

the representation that it meets this

subpart or that it is Coast Guardapproved.

282. Revise § 160.002–5 to read as

follows:

§ 160.002–5 Sampling, tests, and

inspections.

(a) Production tests and inspections

must be conducted by the manufacturer

of a life preserver and the accepted

laboratory inspector in accordance with

this section and § 160.001–5.

(b) Buoyancy test. The buoyancy of

the pad inserts from the life preserver

shall be determined according to

§ 160.001–5(f) of this part with each

compartment of the buoyant pad insert

covers slit so as not to entrap air. The

period of submersion must be at least 48

hours.

(c) Buoyancy required. The buoyant

pad inserts from Model 3 adult life

preservers shall provide not less than 25

pounds buoyancy in fresh water, and

the pads from Model 5 child life

preservers shall provide not less than

16.5 pounds buoyancy.

283. Revise § 160.002–7 to read as

follows:

§ 160.002–7 Procedure for approval.

General. Manufacturers seeking

approval of a life preserver design shall

follow the procedures of subpart

159.005 of this chapter, as explained in

§ 160.001–3 of this part.

284. Revise § 160.005–5 to read as

follows:

§ 160.005–5 Sampling, tests, and

inspections.

(a) Production tests and inspections

must be conducted by the manufacturer

of a life preserver and the accepted

laboratory inspector in accordance with

this section and § 160.001–5.

(b) Buoyancy test. The buoyancy of

the pad inserts from the life preserver

shall be determined according to

§ 160.001–5(f) of this part with each

compartment of the buoyant pad insert

covers slit so as not to entrap air. The

period of submersion must be at least 48

hours.

(c) Buoyancy required. The buoyant

pad inserts from Model 3 adult life

preservers shall provide not less than 25

pounds buoyancy in fresh water, and

the pads from Model 5 child life

preservers shall provide not less than

16.5 pounds buoyancy.

285. Revise § 160.005–7 to read as

follows:

§ 160.005–7 Procedure for approval.

General. Manufacturers seeking

approval of a life preserver design shall

follow the procedures of subpart

159.005 of this chapter, as explained in

§ 160.001–3 of this part.

286. In subpart 160.006, revise the

heading to read ‘‘Subpart 160.006—Life

Preservers: Repairing.’’

§ 160.006–1 [Removed]

287. Remove § 160.006–1.

§ 160.006–4 [Removed]

288. Remove § 160.006–4.

§ 160.006–5 [Removed]

289. Remove § 160.006–5.

§ 160.013–4 [Removed]

290. Remove § 160.013–4.

§ 160.013–6 [Removed]

291. Remove § 160.013–6.

§ 160.016–3 [Removed]

292. Remove § 160.016–3.

§ 160.024–6 [Removed]

293. Remove § 160.024–6 and figure

160.024–6(a).

§ 160.026–6 [Amended]

294. In § 160.026–6, remove table

160.026–6(f), remove paragraphs (f) and

(g), and revise paragraph (a), the text of

paragraphs (c) and (d), and paragraph (e)

to read as follows:

§ 160.026–6 Sampling, inspection, and

tests of production lots.

(a) General. Containers of emergency

drinking water must be tested in

accordance with the provisions of this

section by an independent laboratory

accepted by the Coast Guard under 46

CFR 159.010.

* * * * *

(c) Visual inspection of containers.

The independent laboratory inspector

shall select at random from each lot the

number of sample filled containers

indicated in table 160.026–6(c), which

shall be examined visually for

compliance with the requirements of

this subpart. If the number of defective

cans exceeds the acceptance number

shown in the table for the samples

selected, the lot shall be rejected.

* * * * *

(d) Laboratory tests of containers and

water. The manufacturer shall select at

random from each lot the number of sets

of 11 filled sample containers indicated

in Table 160.026–6(d1), which shall be

forwarded to an independent laboratory

accepted by the Coast Guard under 46

CFR 159.010. The independent

laboratory shall perform the tests

outlined in Table 160.026–6(d2). If any

sample is found to be non-conforming

in any of these tests, the lot shall be

rejected.

* * * * *

(e) Lot acceptance. When the

independent laboratory is satisfied that

the emergency drinking water meets the

requirements of this subpart, the lot

shall be accepted. When permitted by

the independent laboratory, rejected lots

may be resubmitted for official

inspection, provided all containers in

the lot have been reworked by the

packer, and all defective units removed.

Emergency drinking water from rejected

lots may not, unless subsequently

accepted, be sold or offered for sale

under representation as being in

compliance with this subpart or as being

approved for use on merchant vessels.

295. Revise § 160.026–7 to read as

follows:

§ 160.026–7 Procedure for approval.

(a) General. Emergency drinking

water for lifeboats and liferafts on

merchant vessels is approved only by

the Commandant, U.S. Coast Guard.

(b) Pre-approval samples and plans.

Packers who desire to pack approved

emergency drinking water shall have the

required tests in accordance with

§ 160.026–5 performed by an

independent laboratory accepted by the

Coast Guard under 46 CFR 159.010. A

copy of the independent laboratory’s

report will be forwarded to the

Commandant for examination, and, if

satisfactory, an official approval number

will be assigned to the manufacturer for

the emergency drinking water.

§ 160.035–2 [Amended]

296. In § 160.035–2, remove

paragraph (e).

297. Revise § 160.035–3 to read as

follows:

§ 160.035–3 Construction of steel oarpropelled lifeboats.

(a) Type. Lifeboats shall have rigid

sides and be fitted with internal

buoyancy so arranged that the boats will

float in the flooded condition when
51212 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

fully loaded with persons and

equipment. The capacity of an oarpropelled lifeboat is limited to a

maximum of 59 persons. Lifeboats

designed to carry 60, but not more than

100, persons shall be either handpropelled or motor-propelled. Lifeboats

designed to carry more than 100 persons

shall be motor-propelled, except that a

lifeboat designed to carry more than 100

persons may be hand-propelled if it is

a replacement for a previously approved

hand-propelled lifeboat.

(b) Materials. (1) Plating for shell,

floors, air tanks, etc., shall be made by

the open-hearth or electric furnace

process in accordance with ASTM

Standards A–525 Class 1.25

Commercial. The bend tests required by

these specifications shall be made after

the galvanizing or other anticorrosive

treatment has been applied.

(2) Rivets and rolled or extruded

shapes such as keel, stem, sternpost,

gunwales, etc., shall be made by the

open-hearth or electric furnace process

in accordance with ASTM Standard

Specification A–36. Consideration will

be given to the use of other steels having

equivalent strength where longitudinal

cold forming is necessary.

(c) Riveting. (1) Riveting of the shell

plating to the keel, stem, and sternpost

shall be button head rivets, staggered

with not less than 12 rivets to the foot.

The distance from the edge of the plate

to the centers of the rivets in the nearest

row shall be not less than 1⁄2 inch nor

more than 3⁄4 inch. Rivets connecting

the shell to the gunwale shall be spaced

not more than 3 inches on centers. The

size of the rivets for connecting the shell

plating to the keel, stem, sternpost, and

gunwale shall be 1⁄4-inch diameter for

boats 28 feet and under and 5⁄16-inch

diameter for boats over 28 feet.

(2) The connection of the floors to the

shell shall be a single row of rivets not

less than 3⁄16 inch in diameter and

spaced not more than 3 inches on

centers.

(d) Welding. Welding may be

substituted for riveting in any location.

It shall be performed by welders

qualified by the U.S. Coast Guard,

American Bureau of Shipping, or U.S.

Navy Department, and only approved

electrodes shall be used. Details of the

joints shall be indicated on the

construction drawings submitted for

approval.

(e) Gunwale braces. (1) The gunwale

braces shall be bolted to the thwarts

with at least two carriage bolts of a size

not less than that noted in table

160.035–3(e)(1) and riveted or welded to

the gunwales. Where riveted to the

gunwale, at least two rivets of a size not

less than that noted in table 160.035–

3(e)(1) shall be used.

TABLE 160.035–3(E)(1)

Length of

lifeboat

Brace size

(inches)

Bolts and

rivets diameter (inch)

22 feet and

under.

3 x 1⁄4 5⁄16

Over 22 feet and

not over 28.

3 x 5⁄16 3⁄8

Over 28 feet ..... 3 x 3⁄8 7⁄16

(2) Bracket type gunwale braces will

be given special consideration.

(f) Seats. (1) The thwarts, side

benches, and end benches shall be of fir,

yellow pine, fibrous glass reinforced

plastic (FRP), or approved equivalent.

(2) The edges of all thwarts, side, and

end benches shall be well rounded.

(3) Suitable foot rests shall be

furnished at a distance of between 17

and 20 inches below the thwarts and

side benches. This may be

accomplished by raising the footings

from the bottom of the boat.

(4) The leading edge of the thwart or

end bench shall be located a minimum

of 3 inches and a maximum of 6 inches

distance from the Rottmer release gear.

(g) Stretchers. Stretchers of sufficient

size and strength shall be fitted in

suitable positions for rowing.

(h) Disengaging apparatus. (1)

Connections for the disengaging

apparatus shall have a minimum factor

of safety of six.

(2) For construction and capacity of

disengaging apparatus, see subpart

160.033.

(i) Plugs. Each lifeboat shall be fitted

with an automatic plug so designed and

installed as to insure complete drainage

at all times when the boat is out of the

water. The automatic plug shall be

provided with a cap attached to the

lifeboat by a suitable chain. The location

of drain plug is to be marked on the

vertical surface in the vicinity of the

plug below the side bench with the

word ‘‘plug’’ in 3-inch white letters and

with an arrow pointing in the direction

of the drain plug.

(j) Protection against corrosion. (1) All

steel or iron entering into the

construction of lifeboats shall be

galvanized by the hot dipped process.

All fabricated pieces or sections are to

be galvanized after fabrication. Other

methods of corrosion prevention will be

given special consideration.

(2) Where welded construction is

employed, the material shall be

galvanized after welding unless

impractical to do so in which case

consideration will be given to

equivalent protection.

(3) Provisions shall be made to obtain

a satisfactory bond between the metal

and the paint.

(k) Rudders. (1) Each lifeboat shall be

fitted with a rudder and tiller. The

rudder shall be fitted with a 1⁄2-inch

diameter manila lanyard of such length

as to permit the rudder to be shipped

without untying the lanyard.

(2) A suitable hinged or pivoted tiller

shall be provided.

(3) Rudder stops shall be provided to

limit the rudder angle to approximately

45 degrees each side of the centerline.

(l) Buoyancy tanks. (1) All lifeboats

shall have inherent buoyancy, or shall

be fitted with buoyancy tanks or other

equivalent noncorrodible buoyancy

units, which shall not be adversely

affected by oil or oil products, sufficient

to float the boat and its equipment when

the boat is flooded and open to the sea.

An additional volume of buoyancy, or

buoyancy units, equal to at least onetenth the cubic capacity of the lifeboat

shall be provided.

(2) At least 50 percent of the

buoyancy shall be located along the

sides of the boat and shall be so located

that the boat will be on even keel when

flooded.

(3) The tops of the buoyancy tanks or

buoyancy units shall be protected by the

side benches or other suitable means.

The construction shall be such that

water will not collect on the tops of the

tanks.

(4) Built-in buoyancy tanks. Each

built-in buoyancy tank shall be filled

with buoyancy material. The amount of

material required shall be determined

by the flooding test in accordance with

§ 160.035–11(b)(2). The buoyancy

materials used shall meet the

requirements set forth for core materials

as follows:

Core ............. Polystyrene .. MIL–P–

40619.

MIL–P–

19644.

Polyurethane MIL–P–

21929.

(m) Equipment stowage. (1) Provision

lockers, water tanks, and special

equipment lockers shall be watertight

and so designed and located as to fit

under the side benches, end benches, or

footings without projecting into the

accommodation spaces of the lifeboat.

In special cases, stowage under the

thwarts will be permitted. Standard 1⁄4

inch pipe size testing nipples shall be

fitted to all such lockers or tanks.

(2) Water tanks shall be constructed of

at least 18 USSG material. An opening

with a dogged type cover shall be

provided for removal of water cans. This

opening shall be at least 7 inches in
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51213

diameter, but in any case shall be of

sufficient size that all water cans can be

removed. In addition, built-in water

tanks shall have an opening at least 13

inches in diameter with a bolted cover

for the purpose of inspection and

maintenance. A 2-inch diameter fill cap

shall be installed for the purpose of

storing rain water. A standard 1⁄4-inch

pipe size drainage nipple with

hexagonal cap shall be fitted in the

bottom of the tank in an accessible

location and may be used for air testing

the water tank.

(n) Grab rails. Grab rails shall be

substantially attached to each lifeboat

below the turn of the bilge and extend

approximately one-half of the length of

the lifeboat on each side. The ends of

the grab rails shall be faired to prevent

fouling and all connections of the rails

to the lifeboat shall be made by riveting

the palms of the brackets to a small

plate and riveting the plate to the shell.

To prevent rupture of the shell if the

grab rail is carried away, more rivets

shall be used in attaching the plate to

the shell than in fastening the bracket to

the plate. The clearance between the

grab rail pipe and the hull shall be at

least 11⁄2 inches. The connections of the

rails to a fibrous glass reinforced plastic

lifeboat hull will be given special

consideration.

(o) Hand rails. All lifeboats intended

for use in ocean and coastwise service

shall be fitted with hand rails

approximately 18 inches in length,

constructed and attached to the lifeboat

in the same manner as the grab rails

required by paragraph (n) of this

section. The clearance between the hand

rail pipe and the hull shall be at least

11⁄2 inches. The hand rails shall be

located approximately parallel to and at

both ends of the grab rails and spaced

midway between the grab rail and the

gunwale and midway between the grab

rail and the keel on both sides of the

lifeboat provided that, when the

distance from grab rail to gunwale or to

the keel exceeds 4 feet, two hand rails

shall be fitted so as to provide equal

spacing. In no case shall the hand rails

project beyond the widest part of the

boat. Recessed hand rails or other

alternate arrangements will be given

consideration.

§ 160.035–4 [Removed]

298. Remove § 160.035–4.

§ 160.035–6 [Amended]

299. In § 160.035–6, remove the text

of paragraphs (b), (d), (f), (g), and (h) and

redesignate paragraphs (c), (e), and (i) as

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

Table 160.035–6(d)(1) [Removed]

300. Remove table 160.035–6(d)(1).

§ 160.035–7 [Removed]

301. Remove § 160.035–7.

§ 160.035–9 [Amended]

302. In § 160.035–9, remove

paragraph (c) and redesignate paragraph

(d) as paragraph (c).

§ 160.041–5 [Amended]

303. In § 160.041–5, remove

paragraph (a) and redesignate

paragraphs (b) through (f) as paragraphs

(a) through (e), respectively.

§ 160.041–7 [Removed]

304. Remove § 160.041–7.

§ 160.043–7 [Removed]

305. Remove § 160.043–7.

§ 160.044–4 [Amended]

306. In § 160.044–4, remove

paragraph (a) and redesignate

paragraphs (b) through (d) as paragraphs

(a) through (c), respectively. In the

newly designated paragraph (a), replace

the word ‘‘pump’’ with the words ‘‘bilge

pump’’ wherever it appears.

§ 160.044–6 [Removed]

307. Remove § 160.044–6.

§ 160.048 [Amended]

308. In § 160.048–6, remove

paragraph (c) and in paragraph (a)(1)

revise the entry following ‘‘If pads

become waterlogged, replace device.’’ to

read as follows:

§ 160.048–6 Marking.

(a) * * *

(1) * * *

Approved for use on recreational boats

only as a throwable device.

* * * * *

§ 160.049.6 [Amended]

309. In § 160.049–6, remove

paragraph (c) and in paragraph (a)(1)

revise the entry following ‘‘Dry out

thoroughly when wet.’’ to read as

follows:

§ 160.049–6 Marking.

(a) * * *

(1) * * *

Approved for use on recreational boats

only as a throwable device.

* * * * *

§ 160.050–5 [Amended]

310. Amend § 160.050–5 as follows:

a. Remove footnote 1;

b. Revise paragraphs (a) through (f);

c. Add paragraphs (g) through (i);

d. Redesignate table 160.050–5(b) as

table 160.050–5(e); and

e. Revise the new table 160.050–5(e)

to read as follows:

§ 160.050–5 Sampling, tests, and

inspection.

(a) General. Production tests and

inspections must be conducted in

accordance with this section, subpart

159.007 of this chapter, and if

conducted by an independent

laboratory, the independent laboratory’s

procedures for production inspections

and tests as accepted by the

Commandant. The Commandant may

prescribe additional production tests

and inspections necessary to maintain

quality control and to monitor

compliance with the requirements of

this subchapter.

(b) Oversight. In addition to

responsibilities set out in part 159 of

this chapter and the accepted laboratory

procedures for production inspections

and tests, each manufacturer of a ring

life buoy and each laboratory inspector

shall comply with the following, as

applicable:

(1) Manufacturer. Each manufacturer

must—

(i) Perform all tests and examinations

necessary to show compliance with this

subpart and the subpart under which

the ring life buoy is approved on each

lot before any inspector’s tests and

inspection of the lot;

(ii) Follow established procedures for

maintaining quality control of the

materials used, manufacturing

operations, and the finished product;

and

(iii) Allow an inspector to take

samples of completed units or of

component materials for tests required

by this subpart and for tests relating to

the safety of the design.

(iv) Meet 33 CFR 181.701 through 33

CFR 181.705 which requires an

instruction pamphlet for each device

that is sold or offered for sale for use on

recreational boats, and must make the

pamphlet accessible prior to purchase.

(2) Laboratory. An inspector from the

accepted laboratory shall oversee

production in accordance with the

laboratory’s procedures for production

inspections and tests accepted by the

Commandant. During production

oversight, the inspector shall not

perform or supervise any production

test or inspection unless—

(i) The manufacturer has a valid

approval certificate; and

(ii) The inspector has first observed

the manufacturer’s production methods

and any revisions to those methods.

(3) At least quarterly, the inspector

shall check the manufacturer’s

compliance with the company’s quality

control procedures, examine the
51214 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

manufacturer’s required records, and

observe the manufacturer perform each

of the required production tests.

(c) Test facilities. The manufacturer

shall provide a suitable place and

apparatus for conducting the tests and

inspections necessary to determine

compliance of ring life buoys with this

subpart. The manufacturer shall provide

means to secure any test that is not

continuously observed, such as the 48

hour buoyancy test. The manufacturer

must have the calibration of all test

equipment checked in accordance with

the test equipment manufacturer’s

recommendation and interval but not

less than at least once every year.

(d) Lots. A lot may not consist of more

than 1000 life buoys. A lot number must

be assigned to each group of life buoys

produced. Lots must be numbered

serially. A new lot must be started

whenever any change in materials or a

revision to a production method is

made, and whenever any substantial

discontinuity in the production process

occurs. The lot number assigned, along

with the approval number, must enable

the ring life buoy manufacturer to

determine the supplier’s identifying

information for the component lot.

(e) Samples. (1) From each lot of ring

life buoys, manufacturers shall

randomly select a number of samples

from completed units at least equal to

the applicable number required by table

160.050–5(e) for buoyancy testing.

Additional samples must be selected for

any tests, examinations, and inspections

required by the laboratory’s production

inspections and tests procedures.

TABLE 160.050–5(E).—SAMPLING FOR

BUOYANCY TESTS

Lot size

Number

of life

buoys in

sample

100 and under ................................ 1

101 to 200 ....................................... 2

201 to 300 ....................................... 3

301 to 500 ....................................... 4

501 to 750 ....................................... 6

751 to 1000 ..................................... 8

(2) For a lot next succeeding one from

which any sample ring life buoy failed

the buoyancy or strength test, the

sample shall consist of not less than ten

specimen ring life buoys to be tested for

buoyancy in accordance with paragraph

(f) of this section.

(f) Tests—(1) Strength test. The buoy

body shall be suspended by a 2-inchwide strap. A similar strap shall be

passed around the opposite side of the

buoy and a 200-pound weight

suspended by it from the buoy. After 30

minutes, the buoy body shall be

examined, and there shall be no breaks,

cracks or permanent deformation.

(2) Resistance to damage test. The

buoy body shall be dropped three times

from a height of 6 feet onto concrete,

and there shall be no breaks or cracks

in the body.

(3) Buoyancy test. To obtain the

buoyancy of the buoy, proceed as

follows:

(i) Weigh iron or other weight under

water. The weight shall be more than

sufficient to submerge the buoy.

(ii) Attach the iron or other weight to

the buoy and submerge with the top of

the buoy at least 2 inches below the

surface for 48 hours.

(iii) After the 48-hour submergence

period, weigh the buoy with the weight

attached while both are still under

water.

(iv) The buoyancy is computed as

paragraph (f)(3)(i) minus paragraph

(f)(3)(iii) of this section.

(4) Buoyancy required. The buoys

shall provide a buoyancy of not less

than 16.5 pounds for the 20-and 24-inch

sizes, and not less than 32 pounds for

the 30-inch size.

(g) Lot inspection. On each lot, the

laboratory inspector shall perform a

final lot inspection to be satisfied that

the ring life buoys meet this subpart.

Each lot must demonstrate—

(1) First quality workmanship;

(2) That the general arrangement and

attachment of all components are as

specified in the approved plans and

specifications; and

(3) Compliance with the marking

requirements in the applicable approval

subpart.

(h) Lot acceptance. When the

independent laboratory has determined

that the ring life buoys in the lot are of

a type officially approved in the name

of the company, and that such ring life

buoys meet the requirements of this

subpart, they shall be plainly marked in

waterproof ink with the independent

laboratory’s name or identifying mark.

(i) Lot rejection. Each nonconforming

unit must be rejected. If three or more

nonconforming units are rejected for the

same kind of defect, lot inspection must

be discontinued and the lot rejected.

The inspector must discontinue lot

inspection and reject the lot if

examination of individual units or the

records for the lot shows

noncompliance with either this

subchapter or the laboratory’s or the

manufacturer’s quality control

procedures. A rejected unit or lot may

be resubmitted for testing and

inspection if the manufacturer first

removes and destroys each defective

unit or, if authorized by the laboratory,

reworks the unit or lot to correct the

defect. A rejected lot or rejected unit

may not be sold or offered for sale under

the representation that it meets this

subpart or that it is Coast Guardapproved.

§ 160.050–6 [Amended]

311. In § 160.050–6(a), remove the

sentence ‘‘Approved for use on

recreational boats less than 16 feet in

length and all canoes and kayaks, and

only as a throwable device on all other

vessels.’’ and replace it with the

sentence ‘‘Approved for use on

recreational boats only as a throwable

device.’’, and remove paragraph (c).

312. Revise § 160.050–7 to read as

follows:

§ 160.050–7 Procedure for approval.

(a) General. Designs of ring life buoys

are approved only by the Commandant,

U.S. Coast Guard. Manufacturers

seeking approval of a ring life buoy

design shall follow the procedures of

this section and subpart 159.005 of this

chapter.

(b) Each application for approval of a

ring life buoy must contain the

information specified in § 159.005–5 of

this chapter. The application and,

except as provided in paragraphs (c) and

(d)(2) of this section, a prototype ring

life buoy must be submitted to the

Commandant for preapproval review. If

a similar design has already been

approved, the Commandant may waive

the preapproval review under

§§ 159.005–5 and 159.005–7 of this

chapter.

(c) If the ring life buoy is of a standard

design, the application:

(1) Must include the following: A

statement of any exceptions to the

standard plans and specifications,

including drawings, product

description, construction specifications,

and/or bill of materials.

(2) Need not include: The information

specified in § 159.005–5(a)(2).

(d) If the ring life buoy is of a nonstandard design, the application must

include the following:

(1) Plans and specifications

containing the information required by

§ 159.005–12 of this chapter, including

drawings, product description,

construction specifications, and bill of

materials.

(2) The information specified in

§ 159.005–5(a)(2) (i) through (iii) of this

chapter, except that, if preapproval

review has been waived, the

manufacturer is not required to send a

prototype ring life buoy sample to the

Commandant.

(3) Performance testing results of the

design performed by an independent
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51215

laboratory that has a Memorandum of

Understanding with the Coast Guard

under § 159.010–7 of this subchapter

covering the in-water testing of personal

flotation devices showing equivalence

to the standard design’s performance in

all material respects.

(4) Buoyancy and other relevant

tolerances to be complied with during

production.

(5) The text of any optional marking

to be included on the ring life buoy in

addition to the markings required by the

applicable approval subpart.

(6) For any conditionally approved

ring life buoy, the intended approval

condition(s).

(e) The description of quality control

procedures required by § 159.005–9 of

this chapter may be omitted if the

manufacturer’s planned quality control

procedures meet the requirements of

those accepted by the Commandant for

the independent laboratory performing

production inspections and tests.

(f) Waiver of tests. A manufacturer

may request that the Commandant

waive any test prescribed for approval

under the applicable subpart. To request

a waiver, the manufacturer must submit

to the Commandant and the laboratory

described in § 159.010, one of the

following:

(1) Satisfactory test results on a ring

life buoy of sufficiently similar design

as determined by the Commandant.

(2) Engineering analysis

demonstrating that the test for which a

waiver is requested is not appropriate

for the particular design submitted for

approval or that, because of its design or

construction, it is not possible for the

ring life buoy to fail that test.

§ 160.053–1 [Amended]

313. In § 160.053–1, remove

paragraph (c).

314. Revise § 160.053–6 to read as

follows:

§ 160.053–6 Procedure for approval.

(a) General. Work vests for use on

merchant vessels are approved only by

the Commandant, U.S. Coast Guard.

Manufacturers seeking approval of a

work vest shall follow the procedures of

this section and subpart 159.005 of this

chapter.

(b) If the work vest is of a standard

design, as described by § 160.053–3, in

order to be approved, the work vest

must be tested in accordance with

§ 160.053–4 by an independent

laboratory accepted by the Coast Guard

under 46 CFR 159.010.

(c) If the work vest is of a nonstandard design, the application must

include the following:

(1) Plans and specifications

containing the information required by

§ 159.005–12 of this chapter, including

drawings, product description,

construction specifications, and bill of

materials.

(2) The information specified in

§ 159.005–5(a)(2)(i) through (iii) of this

chapter, except that, if preapproval

review has been waived, the

manufacturer is not required to send a

prototype work vest sample to the

Commandant.

(3) Performance testing results of the

design performed by an independent

laboratory, that has a Memorandum of

Understanding with the Coast Guard

under § 159.010–7 of this subchapter

covering the in-water testing of personal

flotation devices, showing equivalence

to the standard design’s performance in

all material respects.

(4) Any special purpose(s) for which

the work vest is designed and the

vessel(s) or vessel type(s) on which its

use is intended.

(5) Buoyancy and other relevant

tolerances to be complied with during

production.

(6) The text of any optional marking

to be included on the work vest in

addition to the markings required by

§ 160.053.

§ 160.054–5 [Amended]

315. In § 160.054–5, remove

paragraph (a) and redesignate

paragraphs (b) and (c) as paragraphs (a)

and (b), respectively.

§ 160.054–7 [Amended]

316. In § 160.054–7, remove

paragraph (a) and redesignate

paragraphs (b) and (c) as paragraphs (a)

and (b), respectively.

§ 160.055–7 [Amended]

317. Revise § 160.055–7 to read as

follows:

§ 160.055–7 Sampling, tests, and

inspections.

(a) Production tests and inspections

must be conducted by the manufacturer

of a life preserver and the accepted

laboratory inspector in accordance with

this section and § 160.001–5.

(b) Buoyancy test. The buoyancy of

the pad inserts from the life preserver

shall be determined according to

§ 160.001–5(f) of this part with each

compartment of the buoyant pad insert

covers slit so as not to entrap air. The

period of submersion must be at least 48

hours.

(c) Buoyancy required. The buoyant

pad inserts from Model 3 adult life

preservers shall provide not less than 25

pounds buoyancy in fresh water, and

the pads from Model 5 child life

preservers shall provide not less than

16.5 pounds buoyancy.

318. Revise § 160.055–9(a) to read as

follows:

§ 160.055–9 Procedure for approval—

standard and nonstandard life preservers.

(a) General. Manufacturers seeking

approval of a life preserver design shall

follow the procedures of subpart

159.005 of this chapter, as explained in

§ 160.001–3 of this part.

* * * * *

§ 160.056–5 [Removed]

319. Remove § 160.056–5.

§ 160.058–6 [Removed]

320. Remove § 160.058–6.

§ 160.061–6 [Removed]

321. Remove § 160.061–6.

§ 160.061–7 [Removed]

322. Remove § 160.061–7.

323. Revise § 160.062–6 to read as

follows:

§ 160.062–6 Procedure for approval.

General. Hydraulic releases for use on

lifesaving equipment for merchant

vessels are approved only by the

Commandant, U.S. Coast Guard. In

order to be approved, the hydraulic

releases must be tested in accordance

with § 160.062–4(c) by an independent

laboratory accepted by the Coast Guard

under 46 CFR 159.010. The independent

laboratory will forward the report to the

Commandant for examination, and if

satisfactory an official approval number

will be assigned to the manufacturer for

the model hydraulic release submitted.

§ 160.064–4 [Amended]

324. In § 160.064–4(a)(1), remove the

sentence ‘‘Approved for use on all

recreational boats and on uninspected

commercial vessels less than 40 feet in

length not carrying passengers for hire

by persons weighing (more than 90 lb.,

50 to 90 lb., 30 to 50 lb., or less than

30 lb.).’’ and add, in its place, the

sentence ‘‘Approved for use on

recreational boats only as a throwable

device.’’, and remove paragraph (c).

PART 164—MATERIALS

325. The authority citation for part

164 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703, 4302; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

326. Revise subpart 164.013 to read as

follows:
51216 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

Subpart 164.013—Foam, Unicellular

Polyethylene (Buoyant, Slab, Slitted

Trigonal Pattern)

Sec.

164.013–1 Scope.

164.013–2 Incorporation by reference.

164.013–3 Material properties and

workmanship

164.013–4 Samples submitted for

acceptance.

164.013–5 Acceptance tests.

164.013–6 Production tests, inspections,

and marking.

164.013–7 Marking.

§ 164.013–1 Scope.

(a) This subpart contains performance

requirements, acceptance tests, and

production testing and inspection

requirements for polyethylene foam

used in the construction of personal

flotation devices (PFDs) approved under

part 160 of this subchapter.

Manufacturers shall also comply with

the requirements of subpart 164.019 of

this chapter.

(b) All polyethylene foams accepted

under this subpart are non-standard

components. Acceptance of

polyethylene foam prior to being

incorporated into finished PFDs, or

during the course of manufacture, shall

in no case be construed as a guarantee

of the acceptance of the finished PFD.

§ 164.013–2 Incorporation by reference.

(a) Certain materials are incorporated

by reference into this subpart with the

approval of the Director of the Federal

Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. To enforce

any edition other than the one listed in

paragraph (b) of this section, notice of

change must be published in the

Federal Register and the material made

available to the public. All approved

material incorporated by reference may

be inspected at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC 20002, and at

the U.S. Coast Guard, Lifesaving and

Fire Safety Division (G-MSE–4),

Washington, DC 20593–0001, and is

available from the source indicated in

paragraph (b) of this section.

(b) The materials approved for

incorporation by reference in this

subpart, and the sections affected are as

follows:

Underwriters Laboratories (UL)

Underwriters Laboratories, Inc., P.O. Box

13995, Research Triangle Park, NC

27709–3995 (Phone (919) 549–1400;

Facsimile: (919) 549–1842).

UL 1191, Standards for Components for

Personal Flotation Devices, May 16,

1995—164.013–3; 160.013–5.

(c) Copies on file. Copies of the

specifications and letter of acceptance

shall be kept on file by the

manufacturer.

§ 164.013–3 Material properties and

workmanship.

(a) General. The unicellular

polyethylene foam shall be all new

material complying with the

requirements outlined in this

specification. Unicellular polyethylene

foam must comply with the

requirements of UL 1191, sections 24,

25, and 26 and its assigned Use Code.

Thickness tolerances of the foam must

permit the manufacture of PFDs

complying with their required buoyancy

tolerances.

(b) Use Codes 4BC, 4H. Each foam

which has a C-factor of at least 94

according to UL 1191 may be assigned

Use Codes 4BC and 4H.

(c) Use Codes 2, 3, 5R. Each foam

which has a V-factor of at least 85

according to UL 1191 may be assigned

Use Codes 2, 3, 5R (recreational use

applications).

§ 164.013–4 Samples submitted for

acceptance.

Application samples. A product

sample submitted for acceptance as

required by § 164.019–7(c)(4) must

consist of at least one square foot by the

thickness of foam produced.

§ 164.013–5 Acceptance tests.

Manufacturers shall ensure that the

performance and identification tests

described in UL 1191, as appropriate,

are performed on a minimum of five

samples in each of the lightest and

darkest colors submitted for acceptance

by a recognized laboratory accepted

under § 164.019.

§ 164.013–6 Production tests, inspections,

and marking.

Manufacturers shall provide in-plant

quality control of polyethylene foam in

accordance with the requirements of

§ 164.019–13 and any requirements of

the recognized laboratory. The

manufacturer of the foam has primary

responsibility for quality control over

the production of the foam.

§ 164.013–7 Marking.

(a) General. The manufacturer must

ensure that each shipping label, and

each unit of put-up, is permanently and

clearly marked in a color which

contrasts with the color of the surface

on which the marking is applied. Each

label must be marked with —

(1) The manufacturer’s or supplier’s

name, trade name, or symbol;

(2) The unique style, part, or model

number of the material;

(3) The thickness of the material;

(4) The lot number of the material;

and

(5) The product Use Code or Codes.

(b) Each unit of put-up must be

marked with the appropriate recognized

laboratory’s certification marking(s).

PART 166—DESIGNATION AND

APPROVAL OF NAUTICAL SCHOOL

SHIPS

327. The authority citation for part

166 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 8105; 46

U.S.C. App. 1295g; 49 CFR 1.46.

328. Revise § 166.01(a) to read as

follows:

§ 166.01 Approval of nautical school

ships.

(a) Under 46 U.S.C. 7315, graduation

from a nautical school vessel may be

substituted for the service requirements

for able seaman and qualified member

of the engine department endorsements

or merchant mariner’s documents.

* * * * *

PART 167—PUBLIC NAUTICAL

SCHOOL SHIPS

329. The authority citation for part

167 continues to read as follows:

Authority: 46 U.S.C. 3306, 6101, 8105; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

330. Revise § 167.01–1 to read as

follows:

§ 167.01–1 Basis and purpose of part.

The rules and regulations in this part

are prescribed and apply to public

nautical school ships, except vessels of

the Navy or Coast Guard. It is the intent

of the regulations in this part to provide

minimum standards for vessels used as

nautical school ships in accordance

with the various inspection statutes and

to obtain their correct and uniform

application. This part is not applicable

to civilian nautical school ships.

331. Revise § 167.05–15 to read as

follows:

§ 167.05–15 Coast Guard District

Commander.

This term means an officer of the

Coast Guard designated as such by the

Commandant to command all Coast

Guard activities within the officer’s

district, which include the inspections,

enforcement, and administration of

Subtitle II of Title 46, U.S. Code, Title

46 and Title 33 U.S. Code, and

regulations issued under these statutes.

332. Revise § 167.05–20 to read as

follows:
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51217

§ 167.05–20 Marine inspector or inspector.

These terms mean any person from

the civilian or military branch of the

Coast Guard assigned under the

superintendence and direction of an

Officer in Charge, Marine Inspection, or

any other person as may be designated

for the performance of duties with

respect to the inspections, enforcement,

and administration of Subtitle II of Title

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

Code, and regulations issued under

these statutes.

333. Revise § 167.05–30 to read as

follows:

§ 167.05–30 Officer in Charge, Marine

Inspection.

This term means any person from the

civilian or military branch of the Coast

Guard designated as such by the

Commandant and who, under the

superintendence and direction of the

Coast Guard District Commander, is in

charge of an inspection zone for the

performance of duties with respect to

the inspections, enforcement, and

administration of Subtitle II of Title 46,

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

Code, and regulations issued under

these statutes.

334. Revise § 167.10–1 to read as

follows:

§ 167.10–1 Enforcement.

The Officer in Charge, Marine

Inspection, is responsible for the

performance of duties within the

officer’s jurisdiction with respect to

inspection of nautical school ships.

§ 167.25–20 [Removed]

335. Remove § 167.25–20.

336. Revise § 167.45–60(a) to read as

follows:

§ 167.45–60 Emergency breathing

apparatus and flame safety lamps.

* * * * *

(a) Two pressure-demand, open

circuit, self-contained breathing

apparatus, approved by the Mine Safety

and Health Administration (MSHA) and

by the National Institute for

Occupational Safety and Health

(NIOSH) and having at a minimum a 30-

minute air supply, a full face piece, and

a spare charge for each. A self-contained

compressed-air breathing apparatus

previously approved under part 160,

subpart 160.011, of this chapter may

continue in use as required equipment

if it was part of the vessel’s equipment

on November 23, 1992, and as long as

it is maintained in good condition to the

satisfaction of the Officer in Charge,

Marine Inspection.

* * * * *

§ 167.45–75 [ Amended]

337. In § 167.45–75, remove the last

two sentences.

§ 167.65–45 [Amended]

338. In § 167.65–45(c), remove the

words ‘‘3d,’’ and ‘‘12th,’’.

PART 168—CIVILIAN NAUTICAL

SCHOOL VESSELS

339. The authority citation for part

168 continues to read as follows:

Authority: 46 U.S.C. 3305, 3306; 49 CFR

1.46.

§ 168.01–5 [Removed]

340. Remove § 168.01–5.

§ 168.01–10 [Removed]

341. Remove § 168.01–10.

PART 170—STABILITY

REQUIREMENTS FOR ALL INSPECTED

VESSELS

342. The authority citation for part

170 continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103,

3306, 3703, 5115; E.O. 12234, 45 FR 58801,

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

343. In § 170.075, revise the

introductory text of paragraph (a) to

read as follows:

§ 170.075 Plans.

(a) Except as provided in paragraph

(b) of this section, each applicant for an

original certificate of inspection and

approval of plans must also submit

three copies for plan review being

conducted by the Coast Guard Marine

Safety Center or four copies for plan

review being conducted by the

American Bureau of Shipping (ABS) of

each of the following plans:

* * * * *

344. Revise § 170.080 to read as

follows:

§ 170.080 Stability booklet.

Before issuing an original certificate

of inspection, the following number of

copies of the stability booklet required

by § 170.110 must be submitted for

approval; three copies for plan review

being conducted by the Coast Guard

Marine Safety Center or four copies for

plan review being conducted by the

ABS.

345. Revise § 170.085 to read as

follows:

§ 170.085 Information required before a

stability test.

If a stability test is to be performed,

a stability test procedure that contains

the information prescribed in

§ 170.185(g) must be submitted to the

Coast Guard Marine Safety Center or the

ABS at least two weeks before the test.

346. Revise § 170.093 to read as

follows:

§ 170.093 Specific approvals.

Certain rules in this subchapter

require specific approval of equipment

or arrangements by the Commandant,

OCMI, or Coast Guard Marine Safety

Center. These approval determinations

will be made as a part of the plan review

process. When plan review is conducted

by the ABS, ABS is authorized to make

the approval.

§ 170.098 [Removed]

347. Remove § 170.098.

348. Revise § 170.100 to read as

follows:

§ 170.100 Addresses for submittal of plans

and calculations.

The plans, information, and

calculations required by this subpart

must be submitted to one of the

following:

(a) The Marine Safety Office in the

zone where the vessel is to be built or

altered.

(b) Commanding Officer, U.S. Coast

Guard Marine Safety Center, 400

Seventh St., SW., Washington, DC

20590–0001.

(c) The American Bureau of Shipping

(ABS), Two World Trade Center, 106th

Floor, New York, NY 10048.

(d) The American Bureau of Shipping

(ABS), ABS Plaza, 16855 North Chase

Dr., Houston, TX 77060–6008.

349. Revise § 170.110(b) to read as

follows:

§ 170.110 Stability booklet.

* * * * *

(b) Each stability booklet must be

approved by the Coast Guard Marine

Safety Center or the ABS.

* * * * *

350. Revise § 170.120(a) to read as

follows:

§ 170.120 Stability letter.

(a) Except as provided in paragraph

(b) of this section, each vessel must have

a stability letter issued by the Coast

Guard or the ABS before the vessel is

placed into service. This letter sets forth

conditions of operation.

* * * * *

351. In § 170.170, revise paragraphs

(b) and (d) to read as follows:

§ 170.170 Calculations required.

* * * * *

(b) If approved by the Coast Guard

Marine Safety Center or the ABS, a

larger value of T may be used for a
51218 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

vessel with a discontinuous weather

deck or abnormal sheer.

* * * * *

(d) The criterion specified in this

section is generally limited in

application to flush deck, mechanically

powered vessels of ordinary proportions

and form that carry cargo below the

main deck. On other types of vessels,

the Coast Guard Marine Safety Center or

the ABS requires calculations in

addition to those in paragraph (a) of this

section. On a mechanically powered

vessel under 328 feet (100 meters) in

length, other than a tugboat or a

towboat, the requirements in § 170.173

are applied.

352. In § 170.173, revise the

introductory text to paragraph (a) to

read as follows:

§ 170.173 Criterion for vessels of unusual

proportion and form.

(a) If required by the Coast Guard

Marine Safety Center or the ABS, each

mechanically powered vessel less than

328 feet (100 meters) LLL, other than a

tugboat or towboat, must be shown by

design calculations to comply with—

* * * * *

353. In § 170.175, revise paragraphs

(b) through (d) to read as follows:

§ 170.175 Stability test: General.

* * * * *

(b) An authorized Coast Guard or ABS

representative must be present at each

stability test conducted under this

section.

(c) The stability test may be dispensed

with, or a deadweight survey may be

substituted for the stability test, if the

Coast Guard or the A7BS has a record

of, or is provided with, the approved

results of a stability test of a sister

vessel.

(d) The stability test of a vessel may

be dispensed with if the Coast Guard or

the ABS determines that an accurate

estimate of the vessel’s lightweight

characteristics can be made and that

locating the precise position of the

vessel’s vertical center of gravity is not

necessary to ensure that the vessel has

adequate stability in all probable

loading conditions.

354. In § 170.180, revise the

introductory paragraph to read as

follows:

§ 170.180 Plans and information required

at the stability test.

The owner of a vessel must provide

the following Coast Guard or ABS

approved plans and information to the

authorized Coast Guard or ABS

representative at the time of the stability

test:

* * * * *

355. Revise § 170.185(b) to read as

follows:

§ 170.185 Stability test preparations.

* * * * *

(b) Each tank vessel must be empty

and dry, except that a tank may be

partially filled or full if the Coast Guard

Marine Safety Center or the ABS

determines that empty and dry tanks are

impracticable and that the effect of

filling or partial filling on the location

of the center of gravity and on the

displacement can be accurately

determined.

* * * * *

356. Revise § 170.190 to read as

follows:

§ 170.190 Stability test procedure

modifications.

The authorized Coast Guard or ABS

representative present at a stability test

may allow a deviation from the

requirements of §§ 170.180 and 170.185

if the representative determines that the

deviation would not decrease the

accuracy of the test results.

§ 170.210 [Removed]

357. Remove § 170.210.

358. Revise § 170.235(b) to read as

follows:

§ 170.235 Fixed ballast.

* * * * *

(b) Fixed ballast may not be removed

from a vessel or relocated unless

approved by the Coast Guard Marine

Safety Center or the ABS. However,

ballast may be temporarily moved for

vessel examination or repair if done

under the supervision of the OCMI.

PART 172—SPECIAL RULES

PERTAINING TO BULK CARGOES

359. The authority citation for part

172 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703, 5115; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

360. Add §§ 172.010 through 172.040

to subpart B to read as follows:

Subpart B—Bulk Grain

Sec.

172.010 Applicability.

172.015 Document of authorization.

172.020 Incorporation by reference.

172.030 Exemptions for certain vessels.

172.040 Certificate of loading.

Subpart B—Bulk Grain

§ 172.010 Applicability.

This subpart applies to each vessel

that loads grain in bulk, except vessels

engaged solely on voyages on rivers,

lakes, bays, and sounds or on voyages

between Great Lake ports and St.

Lawrence River ports as far east as a

straight line drawn from Cape de

Rosiers to West Point, Anticosti Island

and as far east of a line drawn along the

63rd meridian from Anticosti Island to

the north shore of the St. Lawrence

River.

§ 172.015 Document of authorization.

(a) Except as specified in § 172.030,

each vessel that loads grain in bulk must

have a Document of Authorization

issued in accordance with one of the

following:

(1) Section 3 of the International Code

for the Safe Carriage of Grain in Bulk if

the Document of Authorization is issued

on or after January 1, 1994. As used in

the Code, the term ‘‘Administration’’

means ‘‘U.S. Coast Guard’’.

(2) Regulation 10 part (a) of the Annex

to IMO Assembly resolution A.264(VIII)

if the Document of Authorization was

issued before January 1, 1994.

(b) The Commandant recognizes the

National Cargo Bureau, Inc., 30 Vesey

Street, New York, NY 10007–2914, for

the purpose of issuing Documents of

Authorization in accordance with

paragraph (a)(1) of this section.

§ 172.020 Incorporation by reference.

(a) Certain material is incorporated by

reference into this part under approval

of the Director of the Federal Register

under 5 U.S.C. 552(a) and 1 CFR part 51.

To enforce any edition other than that

specified in paragraph (b) of this

section, the Coast Guard must publish

notice of change in the Federal Register;

and the material must be made available

to the public. All approved material is

available for inspection at the Office of

the Federal Register, 800 North Capitol

Street NW., suite 700, Washington, DC

20002, and at the U.S. Coast Guard,

Naval Architecture Division, Office of

Design and Engineering Standards, 2100

Second Street SW., Washington, DC

20593–0001, and is available for the

sources indicated in paragraph (b) of

this section.

(b) The material approved for

incorporation by reference in this part

and the sections affected are as follows:

International Maritime Organization (IMO)

Publications Section, 4 Albert Embankment,

London, SE1 7SR United Kingdom.

Amendment to Chapter VI of the

International Convention for the Safety

of Life at Sea, 1960, Resolution

A.264(VIII)—172.015

Publication No. 240–E, International Code for

the Safe Carriage of Grain in Bulk—

172.015

§ 172.030 Exemptions for certain vessels.

(a) Vessels are exempt from 172.015

on voyages between:
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51219

(1) United States ports along the East

Coast as far south as Cape Henry, VA;

(2) Wilmington, NC and Miami, FL;

(3) United States ports in the Gulf of

Mexico;

(4) Puget Sound ports and Canadian

west coast ports or Columbia River

ports, or both;

(5) San Francisco, Los Angeles, and

San Diego, CA.

(b) Vessels exempt by paragraph (a) of

this section must comply with the

following conditions:

(1) The master is satisfied that the

vessel’s longitudinal strength is not

impaired.

(2) The master ascertains the weather

to be encountered on the voyage.

(3) Potential heeling moments are

reduced to a minimum by carrying as

few slack holds as possible.

(4) Each slack surface must be leveled.

(5) The transverse metacentric height

(GM), in meters, of the vessel

throughout the voyage, after correction

for liquid free surface, has been shown

by stability calculations to be in excess

of the required GM (GMR), in meters.

(i) The GMR is the sum of the

increments of GM (GMI) multiplied by

the correction factor, f and r.

Where: r = (available freeboard) (beam)

of the vessel and

f = 1 if r is > 0.268 or

f = (0.268 r) if r is < 0.268.

(ii) The GMI for each compartment

which has a slack surface of grain, i.e.,

is not trimmed full, is calculated by the

following formula:

GMI = (B3xLx0.0661) (Disp. x SF)

where: B = breadth of slack grain surface

(m)

L = Length of compartment (m)

Disp. = Displacement of vessel (tons)

SF = Stowage factor of grain in

compartment (cubic meters/tons)

(c) Vessels which do not have the

Document of Authorization required by

§ 172.015 may carry grain in bulk up to

one third of their deadweight tonnage

provided the stability complies with the

requirements of Section 9 of the

International Code for the Safe Carriage

of Grain in Bulk.

§ 172.040 Certificate of loading.

(a) Before it sails, each vessel that

loads grain in bulk, except vessels

engaged solely on voyages on the Great

Lakes, rivers, or lakes, bays, and sounds,

must have a certificate of loading issued

by an organization recognized by the

Commandant for that purpose. The

certificate of loading may be accepted as

prima facie evidence of compliance

with the regulations in this subpart.

(b) The Commandant recognizes the

National Cargo Bureau, Inc., 30 Vesey

Street, New York, NY, 10007–2914, for

the purpose of issuing certificates of

loading.

PART 188—GENERAL PROVISIONS

361. The authority citation for part

188 continues to read as follows:

Authority: 46 U.S.C. 2113, 3306; 49 U.S.C.

5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR,

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

362. Revise § 188.01–1 to read as

follows:

§ 188.01–1 Purpose of regulations.

The purpose of the regulations in this

subchapter is to set forth uniform

minimum requirements for

oceanographic research vessels

designated in accordance with § 3.10–1

of this title and subject to Coast Guard

inspection requirements. The

regulations are necessary to carry out

the provisions of applicable laws

governing inspection and certification of

oceanographic research vessels and

have the force of law.

§ 188.01–3 [Amended]

363. In § 188.01–3, remove paragraph

(b) and the paragraph designation (a).

§ 188.01–5 [Removed]

364. Remove § 188.01–5.

§ 188.05–2 [Amended]

365. In § 188.05–2, remove paragraph

(a) and redesignate paragraphs (b) and

(c) as paragraphs (a) and (b),

respectively.

366. Revise § 188.05–10(b)(2) to read

as follows:

§ 188.05–10 Application to vessels on an

international voyage.

* * * * *

(b) * * *

(2) Is numbered in accordance with 46

U.S.C. Chapter 123.

* * * * *

§ 188.05–30 [Removed]

367. Remove § 188.05–30.

368. Revise § 188.10–13 to read as

follows:

§ 188.10–13 Coast Guard District

Commander.

This term means an officer of the

Coast Guard designated as such by the

Commandant to command all Coast

Guard activities within the officer’s

district, which include the inspections,

enforcement, and administration of

Subtitle II of Title 46, U.S. Code, Title

46 and Title 33 U.S. Code, and

regulations issued under these statutes.

369. Revise § 188.10–45 to read as

follows:

§ 188.10–45 Marine inspector or inspector.

These terms mean any person from

the civilian or military branch of the

Coast Guard assigned under the

superintendence and direction of an

Officer in Charge, Marine Inspection, or

any other person as may be designated

for the performance of duties with

respect to the inspections, enforcement,

and administration of Subtitle II of Title

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

Code, and regulations issued under

these statutes.

370. Revise § 188.10–49 to read as

follows:

§ 188.10–49 Numbered vessel.

This term means a vessel which is

numbered under the provisions of 46

U.S.C. Chapter 123.

371. Revise § 188.10–55 to read as

follows:

§ 188.10–55 Officer in Charge, Marine

Inspection.

This term means any person from the

civilian or military branch of the Coast

Guard designated as such by the

Commandant and who, under the

superintendence and direction of the

Coast Guard District Commander, is in

charge of an inspection zone for the

performance of duties with respect to

the inspections, enforcement, and

administration of Subtitle II of Title 46,

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

Code, and regulations issued under

these statutes.

372. Revise § 188.10–65 to read as

follows:

§ 188.10–65 Seagoing barge.

A seagoing barge is a nonselfpropelled vessel of at least 100 gross

tons making voyages beyond the

Boundary Line (as defined in 46 CFR

part 7).

PART 189—INSPECTION AND

CERTIFICATION

373. The authority citation for part

189 continues to read as follows:

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

2113, 3306; E.O. 12234, 45 FR 58801, 3 CFR,

1980 Comp., p. 277; E.O. 12777, 56 FR 54757,

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

374. Revise § 189.35–9(c)(2) to read as

follows:

§ 189.35–9 Plans.

* * * * *

(c) * * *

(2) Other weight handling gear will be

evaluated on the basis of the standards

of a recognized organization or

association recognized by the

Commandant under § 31.10–6.

* * * * *
51220 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

375. In § 189.40–1, revise paragraphs

(a) and (c) to read as follows:

§ 189.40–1 Definitions relating to hull

examinations.

* * * * *

(a) Drydock examination means

hauling out a vessel or placing a vessel

in a drydock or slipway for an

examination of all accessible parts of the

vessel’s underwater body and all

through-hull fittings.

* * * * *

(c) Underwater survey means the

examination, while the vessel is afloat,

of all accessible parts of the vessel’s

underwater body and all through-hull

fittings.

376. In § 189.40–3, revise the heading

and paragraphs (d)(4), (d)(5), (e)

introductory text, and (e)(1) to read as

follows:

§ 189.40–3 Drydock examination, internal

structural examination, cargo tank internal

examination, and underwater survey

intervals.

* * * * *

(d) * * *

(4) The means that will be provided

for examining through-hull fittings.

(5) The means that will be provided

for taking shaft bearing clearances.

* * * * *

(e) Vessels otherwise qualifying under

paragraph (d) of this section, that are 15

years of age or older, may be considered

for continued participation in or entry

into the underwater survey program on

a case-by-case basis if—

(1) Before the vessel’s next scheduled

drydocking, the owner or operator

submits a request for participation or

continued participation to Commandant

(G–MOC);

* * * * *

PART 193—FIRE PROTECTION

EQUIPMENT

377. The authority citation for part

193 continues to read as follows:

Authority: 46 U.S.C. 2213, 3102, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

378. In § 193.01–3(b), add, in

alphabetical order of the organizations

referenced, the following standard:

§ 193.01–3 Incorporation by reference.

* * * * *

(b) * * *

National Fire Protection Association (NFPA)

Batterymarch Park, Quincy, MA 02269–9101.

NFPA 13–1996, Standard for the Installation

of Sprinkler Systems—193.30–1

379. Revise § 193.10–5(f) to read as

follows:

§ 193.10–5 Fire pumps.

* * * * *

(f) Fire pumps may be used for other

purposes provided at least one of the

required pumps is kept available for use

on the fire system at all times. In no case

shall a pump having connection to an

oil line be used as a fire pump. Branch

lines connected to the fire main for

purposes other than fire and deck wash

shall be so arranged that adequate water

can be made continuously available for

firefighting purposes.

* * * * *

380. Add subpart 193.30 to read as

follows:

Subpart 193.30—Automatic Sprinkler

Systems

§ 193.30–1 Application.

Automatic sprinkling systems shall

comply with NFPA 13–1996.

PART 195—VESSEL CONTROL AND

MISCELLANEOUS SYSTEMS AND

EQUIPMENT

381. The authority citation for part

195 continues to read as follows:

Authority: 46 U.S.C. 2113, 3306; 49 U.S.C.

App. 1804; E.O. 12234, 45 FR 58801, 3 CFR,

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

§ 195.30–90 [Amended]

382. In § 195.30–90(c), remove the

words ‘‘After November 23, 1994,’’ and

capitalize the ‘‘e’’ in the word ‘‘each’’.

§ 195.35–90 [Amended]

383. In § 195.35–90(c), remove the

words ‘‘After November 23, 1994,’’ and

capitalize the ‘‘e’’ in the word ‘‘each’’.

PART 196—OPERATIONS

384. The authority citation for part

196 continues to read as follows:

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

2213, 3306, 5115, 6101; E.O. 12777, 56 FR

54757, 3 CFR, 1991 Comp., p. 351; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 196.05–1 [Amended]

385. In § 196.05–1(c), remove the

words ‘‘3d,’’ and ‘‘12th,’’.

386. Revise § 196.53–1 to read as

follows:

§ 196.53–1 Licensed officers.

All licensed officers on a vessel shall

have their licenses conspicuously

displayed.

PART 197—GENERAL PROVISIONS

387. The authority citation for part

197 continues to read as follows:

Authority: 33 U.S.C. 1509; 43 U.S.C. 1333;

46 U.S.C. 3306, 3703, 6101; 49 CFR 1.46.

388. Revise § 197.462 to read as

follows:

§ 197.462 Pressure vessels and pressure

piping.

(a) The diving supervisor shall ensure

that each pressure vessel, including

each volume tank, cylinder and PVHO,

and each pressure piping system is

examined and tested as required by this

section and after any repair,

modification or alteration to determine

that they are in satisfactory condition

and fit for the service intended.

(b) Pressure vessels and pressure

piping shall be examined annually for

mechanical damage or deterioration.

Any defect that may impair the safety of

the pressure vessel or piping shall be

repaired and pressure tested to the

satisfaction of the Officer in Charge,

Marine Inspection.

(c) The following tests shall be

conducted at least every three years:

(1) All piping permanently installed

on a PVHO shall be pressure tested.

(2) PVHOs subject to internal pressure

shall be leak tested at the maximum

allowable working pressure using the

breathing mixture normally used in

service.

(3) Equivalent nondestructive testing

may be conducted in lieu of pressure

testing. Proposals to use nondestructive

testing in lieu of pressure testing shall

be submitted to the Officer in Charge,

Marine Inspection.

(d) Unless otherwise noted, pressure

tests conducted in accordance with this

section shall be either hydrostatic tests

or pneumatic tests.

(1) When a hydrostatic test is

conducted on a pressure vessel, the test

pressure shall be no less than 1.25 times

the maximum allowable working

pressure.

(2) When a pneumatic test is

conducted on a pressure vessel, the test

pressure shall be the maximum

allowable working pressure stamped on

the nameplate.

(3) When a pneumatic test is

conducted on piping, the test pressure

shall be no less than 90 percent of the

setting of the relief device.

(4) Pressure tests shall be conducted

only after suitable precautions are taken

to protect personnel and equipment.

(5) When pressure tests are conducted

on pressure vessels or pressure piping,

the test pressure shall be maintained for

a period of time sufficient to allow

examination of all joints, connections

and high stress areas.

389. In § 197.480, revise paragraphs

(a) and (b) to read as follows:

§ 197.480 Logbooks.

(a) The person-in-charge of a vessel or

facility, that is required by 46 U.S.C.
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51221

11301 to have an official logbook, shall

maintain the logbook on form CG–706.

(b) The person-in-charge of a vessel or

facility not required by 46 U.S.C. 11301

to have an official logbook, shall

maintain, on board, a logbook for

making the entries required by this

subpart.

* * * * *

390. Revise § 197.540(b) to read as

follows:

§ 197.540 Determination of personal

exposure.

* * * * *

(b) Initial exposure monitoring. When

benzene is first loaded as a cargo on

board a vessel, an initial monitoring of

each type of operation must be

conducted to determine accurately the

representative personal exposure of

persons involved in the operation.

* * * * *

Dated: September 22, 1997.

R. C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine, Safety and

Environmental Protection.

[FR Doc. 97–25572 Filed 9–29–97; 8:45 am]

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