65988 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 26, 31, 32, 34, 35, 38, 54,

56, 61, 72, 76, 77, 78, 92, 95, 96, 97, 108,

109, 153, 160, 162, 164, 167, 168, 169,

190, 193, and 196

[CGD 95–027]

RIN 2115–AF09

Adoption of Industry Standards

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking

and public meeting.

SUMMARY: As part of the President’s

Regulatory Reinvention, the Coast

Guard is proposing to amend its

regulations governing both inspected

and uninspected commercial vessels by

removing or revising obsolete and

unnecessary provisions and

incorporating industry standards and

practices. The provisions proposed for

removal or revision are categorized as:

Regulations discussing equipment

which is no longer manufactured or

used; Regulations imposing

requirements that are repeated in

another, more useful section;

Regulations imposing requirements

which make a negligible contribution to

shipboard safety; Regulations which can

be replaced by an appropriate industry

consensus standard or practice; and,

Regulations which merely repeat

statutory language.

The Coast Guard expects these

amendments will reduce the regulatory

burden to the maritime industry, reduce

the administrative burden to

government and industry, reduce

government printing costs, and provide

a more concise and useful Title 46, Code

of Federal Regulations.

DATES: Comments must be received not

later than February 20, 1996. A public

meeting will be held on February 9,

1996 to discuss this rulemaking.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA), U.S. Coast Guard,

2100 Second Street SW, Washington,

DC 20593–0001, or may be delivered to

room 3406 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

Coast Guard Headquarters, between 8

a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

A public meeting scheduled for

February 9, 1996 will be held in Room

2415 at Coast Guard Headquarters, 2100

Second Street SW, Washington, DC

20593–0001.

A copy of the material listed in

‘‘Incorporation by Reference’’ of this

preamble is available for inspection at

Room 1300, U.S. Coast Guard

Headquarters.

FOR FURTHER INFORMATION CONTACT:

Design and Engineering Standards

Division (G–MMS), U.S. Coast Guard,

2100 Second Street SW., Washington,

DC 20593–0001, telephone (202) 267–

2206—LCDR R. K. Butturini, Project

Manager; LTJG Jaqueline Twomey,

Project Engineer; Ms. Shereen Bell,

Project Assistant. Regulations and

Administrative Law Division (G–LRA),

U.S. Coast Guard, 2100 Second Street

SW., Washington, DC 20593–0001,

telephone (202) 267–1534—LT Rachel

Goldberg, Project Counsel,

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD 95–027) and the specific section of

this proposed rule to which each

comment applies, and give the reason

for each comment. Please submit two

copies of all comments and attachments

in an unbound format, no larger than

81⁄2 by 11 inches, suitable for copying

and electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments.

A public meeting was held on April

20, 1995 (60 FR 16423) to discuss Coast

Guard regulations and the regulatory

process. The relevant comments

received at the hearing or in writing

have been considered for the changes

included in this document. The Coast

Guard will hold another public meeting

on February 9, 1996 from 9 a.m. to 3

p.m. to discuss these proposed rules and

to solicit other suggestions or comments

for regulatory reform. The meeting will

be held at the site indicated in the

ADDRESSES section. Comments received

at the hearing will be considered as part

of the review of this proposal and the

Coast Guard may change this proposal

in view of these comments.

Background and Purpose

This proposal has been sparked by

several recent calls for regulatory review

and reform. For example, on March 4,

1995, the President issued a

memorandum calling on executive

agencies to review regulations with the

goals of—

(1) Cutting obsolete regulations;

(2) Focusing on results instead of

process and punishment;

(3) Convening meetings with the

regulated community; and,

(4) Expanding efforts to promote

consensual rulemaking.

The President’s memorandum

coincides with U.S. maritime industry

requests for greater alignment of Coast

Guard regulations with international

marine safety standards to reduce cost

disadvantages incurred by the U.S.

maritime industry and thereby improve

the competitiveness of the U.S.

industry. The ongoing National

Performance Review effort, which

stresses reducing red tape and

maximizing results, provides further

justification for identifying excessive

requirements in Coast Guard regulations

and for streamlining government

processes. Also, the Coast Guard

recognizes the need to explore

regulatory reform where it provides an

opportunity to reprogram Coast Guard

resources to focus more attention on

human factors and port state control

activities to ensure other nations are

conscientiously implementing

international safety agreements.

The Coast Guard held a public

meeting on April 20, 1995, announced

in the March 30, 1995 Federal Register

(60 FR 16423), to discuss the Coast

Guard’s regulatory development process

and the President’s Regulatory Review

Initiative. During the public meeting,

the Coast Guard announced its goals of

purging obsolete and outdated

regulations and eliminating any Coast

Guard induced differences between

requirements that apply to U.S. vessels

in international trade and those that

apply to similar vessels in international

trade that fly the flag of other

responsible foreign nations. In the May

31, 1995 Federal Register (60 FR

28376), the Coast Guard reiterated its

intention to harmonize Coast Guard

regulations with international safety

standards.

To accomplish all of these goals, the

Coast Guard is considering alternative

compliance methods, examining ways

to make existing regulations more

efficient and comparing U.S. marine

safety regulations with American

Bureau of Shipping (ABS) Rules and the

International Convention for the Safety

of Life at Sea, 1974, as amended

(SOLAS ’74). An initial rulemaking

removing or amending obsolete and

unnecessary provisions was published

in the September 18, 1995 Federal
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 65989

Register (60 FR 48044). That rulemaking

focused on regulations for which no

adverse public comment was expected,

such as removal of the requirements for

nuclear vessels, ocean incinerator ships

and ocean thermal energy conversion

facilities and plantships. This proposal

removes or amends obsolete or

unnecessary regulations of a more

significant nature and seeks to

incorporate industry consensus

standards and practices. The broader

scope of this proposal and the nature of

the proposed changes, when compared

to the previous rulemaking, make

increased public involvement desirable.

In compiling the list of CFR sections

included in this proposed rule, the

Coast Guard did not consider parts of

Title 46 Code of Federal Regulations (46

CFR) that are under review as part of

other, ongoing regulatory projects.

In this proposal, sections of the CFR

were identified for removal or revision

by comparing the section subject matter

to the following list of selection criteria:

(a) Equipment discussed in a section

is no longer manufactured or used:

(b) Requirements imposed by a

section are repeated in another section;

(c) Requirements imposed by a

section make a negligible contribution

to shipboard safety;

(d) An appropriate industry

consensus standard or practice exists

which can be referenced instead of

publishing detailed requirements in a

regulation; or,

(e) The text of a regulation merely

repeats statutory language.

Discussion of Proposed Rules

The following discussion summarizes

the changes proposed by this rule:

1. The requirement addresses

equipment that is no longer

manufactured or used. The following

sections are being removed or revised

because they impose requirements for

equipment that is no longer

manufactured, that is technologically

obsolete, or is no longer used in the

marine industry.

Section 31.10–15(a) of Title 46 CFR

contains requirements for nuclear

vessels. This section was inadvertently

omitted from an earlier rulemaking

entitled Removal of Obsolete and

Unnecessary Regulations (60 FR 48044)

which focused on removing regulations

for nuclear vessels, ocean incinerator

vessels and ocean thermal energy

conversion facilities and plantships.

Therefore, this section which pertains to

nuclear vessels is proposed for removal.

Section 34.05–5 and Subparts 34.13,

76.13 and 95.13 of Title 46 CFR contain

requirements for steam smothering

systems used for fire fighting purposes.

The Coast Guard has prohibited

installation of steam smothering systems

on vessels since 1962. Existing steam

smothering systems may be retained as

long as they are kept in good condition

to the satisfaction of the Officer in

Charge, Marine Inspection. As no new

installation of steam smothering systems

are allowed and the designs of existing

installations have already been

approved, the design requirements for

steam smothering systems are no longer

necessary and are proposed for removal.

The Coast Guard is retaining the

regulations pertaining to testing and

inspection of installed systems.

Subparts 35.70, 78.80, 97.70 and

§ 108.613 of Title 46 CFR contain

requirements for power-operated

industrial trucks. Power-operated

industrial trucks have historically been

used on break-bulk ships for handling

cargo in the holds. Only 66 U.S. flag

break-bulk ships are currently inspected

by the Coast Guard. Well over half of

these ships are maintained by the

Maritime Administration (MARAD), but

are not operating. Of MARAD’s ships,

only 7 will eventually carry poweroperated industrial trucks as ship’s

equipment. On the remaining, privately

owned break-bulk ships, few trucks are

still carried as ship’s equipment because

dockside trucks are readily available.

Trucks are also used on mobile offshore

drilling units (MODUs) to move

palletized stores such as bagged cement.

Efficient cargo handling systems are

increasingly replacing trucks aboard

MODUs for this purpose. The demand

for faster loading methods and the

evolution of container ships, lighteraboard ships (LASH) and roll-on/roll-off

(RORO) ships has also reduced the use

of power-operated industrial trucks.

Additionally, there have been no

reported accidents involving poweroperated industrial trucks in the last

fifteen years. Therefore, regulations for

power-operated industrial trucks are no

longer necessary and are proposed for

removal.

Sections 32.15–10, 77.27–1, 96.27–1

and 167.40–20 of Title 46 CFR contain

requirements for sounding equipment,

including deep-sea hand leads. Reliable,

inexpensive electronic sounding

equipment and position fixing

equipment are available from numerous

manufacturers. It is unlikely that a hand

lead would be necessary to determine

the water depth. Therefore, the

requirements for deep sea hand leads

are not necessary and are proposed for

removal.

Section 32.02–5 and Subparts 78.35,

97.33 and 196.33 require cable travelers

between fore and aft deck houses

separated by more than 46 m (150 ft) to

protect crewmembers needing to cross

the weather decks. Cable travelers have

been replaced by raised fore and aft

bridges and side tunnels as safer means

of moving between the deckhouses.

Additionally, modern vessel designs

have abandoned the two deck house

arrangement in favor of a single

deckhouse. Therefore, these sections are

being revised to remove the requirement

for installation of cable travelers

between separated deckhouses and

merely require a fixed means of

facilitating movement between both

ends of the vessel.

Sections 34.05–15, 76.05–30, 95.05–

20, 167.45–40, 193.05–20 and Subpart

34.55 of 46 CFR require sand, sawdust

impregnated with soda or other

appropriate dry materials, and a scoop

or shaker for distribution, to be located

in the machinery spaces for fire fighting

purposes. Sand is inferior to other,

common fire fighting means, such as

portable extinguishers, and this

burdensome requirement is no longer

appropriate. Therefore, regulations

requiring sand in the engine room are

proposed for removal.

Subparts 35.12, 78.53, 97.43, 196.43

and Section 167.65–50 of 46 CFR

require instructions for the use of

breeches buoys. Modern

communications and lifesaving

equipment have made the use of

breeches buoys for lifesaving purposes

obsolete. Therefore, the requirement for

an instruction placard for the use of

breeches buoys is no longer necessary

and these sections are proposed for

revision to remove this requirement.

Sections 35.30–45, 72.05–60, 167.40–

35 and 169.321 and Subparts 78.75,

97.60 and 196.60 of Title 46 CFR

contain requirements for motion picture

film. Subpart 78.75 also contains a

requirement that motion picture

projectors comply with the

requirements in the electrical

engineering regulations. With the

exception of large passenger vessels,

video cassette recorders and televisions

have replaced motion picture projectors

on most vessels. Large passenger vessels

use motion picture projectors in their

movie theaters. Slow-burning film is the

only type of film currently available in

reel format for use with movie

projectors. Section 111.89–1 of Title 46

in the electrical engineering regulations

requires all motion picture projectors to

meet Article 540 of the National

Electrical Code. Therefore, as the risks

previously associated with motion

picture film no longer exist, the

regulations for motion picture film are

not necessary and are proposed for

removal.
65990 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

Sections 180.403 and 167.45–55 of

Title 46 CFR allow the installation of

water spray systems for fire fighting

purposes in boiler spaces of mobile

offshore drilling units (MODU) and

public nautical school ships. Other fire

fighting media, such as carbon dioxide,

have shown to be more effective,

reliable and practical than water spray

systems and no MODU or public

nautical school ship currently uses a

water spray system in a boiler space for

fire fighting purposes. Therefore, these

provisions are not necessary and are

proposed for removal.

Subpart 160.018 of Title 46 CFR

contains specifications for rigid liferafts.

Rigid liferafts are no longer

manufactured for use in the marine

industry. Therefore, the specifications

for rigid liferafts in 46 CFR 160.018 are

no longer necessary and are proposed

for removal.

Subpart 160.034 of Title 46 CFR

contains specifications for lifeboat hand

propelling gear. Hand propelled

lifeboats have largely been replaced by

reliable, engine-driven lifeboats and are

no longer manufactured for use in the

marine industry. Therefore, the

specifications for hand propelling gear

in 46 CFR 160.034 are no longer

necessary and are proposed for removal.

Section 164.016 of Title 46 CFR

contains specifications for microcellular

nylon used in the construction of

lifesaving equipment. Microcellular

nylon has been replaced by more

effective materials and is no longer

manufactured for use in Coast Guard

approval lifesaving equipment.

Therefore, the specifications for

microcellular nylon are no longer

needed and are proposed for removal.

Cite (46 CFR) Proposed

change Subject addressed by regulation

§ 31.10–15 ............................................................................................................................... Revision ............ Nuclear vessels.

§ 32.02–5 ................................................................................................................................. Revision ............ Cable traveler.

§ 32.15–10 ............................................................................................................................... Revision ............ Deep-sea hand leads.

§ 34.05–5 ................................................................................................................................. Revision ............ Steam smothering systems.

§ 34.05–15 ............................................................................................................................... Removal ........... Sand in the engineroom.

Subpart 34.13 ......................................................................................................................... Revision ............ Steam smothering systems.

Subpart 34.55 ......................................................................................................................... Removal ........... Sand in the engineroom.

Subpart 35.12 ......................................................................................................................... Revision ............ Breeches buoy placard.

§ 35.30–45 ............................................................................................................................... Revision ............ Motion picture film.

Subpart 35.70 ......................................................................................................................... Removal ........... Power-operated industrial trucks.

§ 76.05–60 ............................................................................................................................... Removal ........... Motion picture film.

§ 76.05–20 ............................................................................................................................... Revision ............ Fixed firefighting systems.

§ 76.05–30 ............................................................................................................................... Removal ........... Sand in the engineroom.

Subpart 76.13 ......................................................................................................................... Revision ............ Steam smothering systems.

§ 77.27–1 ................................................................................................................................. Revision ............ Deep-sea hand leads.

Subpart 78.35 ......................................................................................................................... Revision ............ Cable traveler.

Subpart 78.53 ......................................................................................................................... Revision ............ Breeches buoy placard.

Subpart 78.75 ......................................................................................................................... Removal ........... Motion picture film.

Subpart 78.80 ......................................................................................................................... Removal ........... Power-operated industrial trucks.

§ 95.05–10 ............................................................................................................................... Revision ............ Fixed firefighting systems.

§ 95.05–20 ............................................................................................................................... Removal ........... Sand in boiler rooms.

Subpart 95.13 ......................................................................................................................... Revision ............ Steam smothering systems.

§ 96.27–1 ................................................................................................................................. Revision ............ Deep-sea hand leads.

Subpart 97.33 ......................................................................................................................... Revision ............ Cable traveler.

Subpart 97.43 ......................................................................................................................... Revision ............ Breeches buoy placard.

Subpart 97.60 ......................................................................................................................... Removal ........... Motion picture film.

Subpart 97,70 ......................................................................................................................... Removal ........... Power-operated industrial trucks.

§ 108.403 ................................................................................................................................. Revision ............ Water spray systems.

§ 108.613 ................................................................................................................................. Removal ........... Power-operated industrial trucks.

Subpart 160.018 ..................................................................................................................... Removal ........... Rigid liferafts.

Subpart 160.034 ..................................................................................................................... Removal ........... Lifeboat hand propelling gear.

Subpart 164.016 ..................................................................................................................... Removal ........... Microcellular nylon.

§ 167.40–20 ............................................................................................................................. Revision ............ Deep-sea hand leads.

§ 167.40–35 ............................................................................................................................. Removal ........... Motion picture film.

§ 167.45–40 ............................................................................................................................. Revision ............ Sand in enginerooms.

§ 167.45–55 ............................................................................................................................. Revision ............ Water spray systems.

§ 167.65–50 ............................................................................................................................. Revision ............ Breeches buoy placard.

§ 169.321 ................................................................................................................................. Removal ........... Motion picture film.

§ 193.05–20 ............................................................................................................................. Removal ........... Sand in boiler rooms.

Subpart 196.33 ....................................................................................................................... Revision ............ Cable traveler.

Subpart 196.43 ....................................................................................................................... Revision ............ Breeches buoy placard.

Subpart 196.60 ....................................................................................................................... Removal ........... Motion picture film.

2. The requirement is repeated in

another section. The following

provisions are being removed or revised

because the requirements are repeated

in other, more useful locations in Title

33 CFR or Title 46 CFR.

Subparts 32.95, 78.85, 97.75, 196.18

and 196.75 and Section 109.583 of Title

46 CFR contain identical language

regarding the requirement that certain

vessels operate in accordance with the

requirements of the Federal Water

Pollution Control Act (FWPCA), as

amended, the Oil Pollution Act (OPA),

1961, as amended and Parts 151, 155

and 156 of Title 33 CFR. However, each

of the requirements cited contain

language regarding their applicability.

Therefore, the sections of Title 46 CFR

which merely restate the applicability of

the FWPCA, OPA and Title 33 CFR are

not necessary and are proposed for

removal.

Sections 35.20–25 and 167.65–1 and

Subparts 78.25, 97.23 and 196.23 of

Title 46 prohibit carrying any light not

required by law that will interfere with
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 65991

distinguishing signal lights. However,

Rule 20 of both the Inland and

International Rules of the Road

published in 33 U.S.C. 2020 and 33 CFR

81, Appendix A, respectively, contains

the same requirement. It is more logical

to retain requirements pertaining to

signal lights in the Rules of the Road.

Therefore, the sections of Title 46 CFR

prohibiting carrying lights that interfere

with signal lights are not necessary and

are proposed for removal.

Sections 35.20–40, 78.21–1, 97.19–1

and 196.19–1 of Title 46 CFR require

ocean and coastwise vessels over 1600

gross tons to display maneuvering

information on a fact sheet in the

pilothouse. These sections include

instructions for validating the

information on the fact sheet after the

vessel begins operating. Section 164.35

of Title 33 CFR also contains a

requirement to display maneuvering

information on a fact sheet in the

pilothouse for vessels over 1600 gross

tons on all navigable waters of the U.S.

The intent of both Title 33 CFR and

Title 46 CFR is to provide information

about the vessel’s maneuvering

characteristics for use in piloting waters.

However, there are slight differences in

the language of the requirements. Also,

the requirement to display maneuvering

information in Title 33 CFR and Title 46

CFR apply to some of the same vessels,

but some vessels are only covered by

one title. Under the current regulations,

both requirements apply to an

oceangoing U.S. vessel entering a U.S.

port, resulting in a conflict between

Title 33 CFR and Title 46 CFR.

As the information required to be

displayed in Title 33 CFR and Title 46

CFR is similar and the purpose is the

same, the requirement need not be

printed in both locations. It is more

useful and consistent to retain the

description of the maneuvering

information required in the navigation

safety regulations of Title 33 CFR.

Therefore, this proposal, if adopted,

would remove paragraphs repeating the

maneuvering information to be

displayed from Title 46 CFR and retain

the instructions in Title 46 CFR for

validating the maneuvering information

with an added reference to Title 33 CFR.

Section 56.50–100 of Title 46 CFR

merely contains a one sentence

reference to Subpart 58.30 of Title 46

CFR for fluid power and control system

requirements. Subpart 58.30, Fluid

Power and Control Systems, contains

the detailed requirements. Therefore,

§ 56.50–100 is not necessary and is

proposed for removal.

Sections 92.01–13 and 190.01–13 of

Title 46 CFR contain requirements for

the design and operation of sliding

watertight door assemblies on cargo and

miscellaneous vessels and

oceanographic research vessels. Section

170.270 of the subdivision and stability

regulations in Title 46 CFR contains

identical requirements. The

requirements for sliding watertight

doors are included in Part 170 because

the subdivision and stability regulations

apply to all vessels inspected under

Title 46, including cargo and

miscellaneous vessels and

oceanographic research vessels. For

example, the passenger vessel and tank

vessel regulations do not contain

specific provisions for the design and

operation of sliding watertight door

assemblies because § 170.270 applies.

Therefore, repeating the requirements

for the design and operation of sliding

watertight door assemblies in §§ 92.01–

13 and 190.01–13 is not necessary and

these provisions are proposed for

removal.

In the following list of sections

proposed for removal or revision, the

citation to the sections where duplicate

requirements are being retained is

indicated in square brackets below the

section being removed or revised.

Cite (46 CFR) Proposed

change Subject addressed by regulation

Subpart 32.95 [33 CFR Subchapter O] ......................................................................... Removal ........... Oil pollution.

§ 35.20–25 [33 CFR 81 and 33 U.S.C. 2020] ............................................................... Removal ........... Unauthorized lights.

§ 35.20–40 [33 CFR 164.35] .......................................................................................... Revision ............ Maneuvering characteristics.

§ 56.50–100 [§ 58.30] ..................................................................................................... Removal ........... Fluid power and control systems.

§ 78.21–1 [33 CFR 164.35] ............................................................................................ Removal ........... Maneuvering characteristics.

Subpart 78.25 [33 CFR 81 and 33 U.S.C. 2020] .......................................................... Removal ........... Unauthorized lights.

Subpart 78.85 [33 CFR Subchapter O] ......................................................................... Removal ........... Pollution prevention.

§ 92.01–13 [46 CFR Subchapter S, Subpart H] [33 CFR 164.35] ................................ Removal ........... Watertight doors.

§ 97.19–1 [33 CFR 164.35] ............................................................................................ Removal ........... Maneuvering characteristics.

Subpart 97.23 [33 CFR 81 and 33 U.S.C. 2020] .......................................................... Removal ........... Unauthorized lights.

Subpart 97.75 [33 CFR Subchapter O] ......................................................................... Removal ........... Pollution prevention.

§ 109.583 [33 CFR Subchapter O] ................................................................................ Removal ........... Pollution prevention.

§ 167.65–10 [33 CFR 81 and 33 U.S.C. 2020] ............................................................. Removal ........... Unauthorized lights.

§ 190.01–13 [46 CFR Subchapter S, Subpart H] .......................................................... Removal ........... Watertight doors.

Subpart 196.18 [33 CFR Subchapter O] ....................................................................... Removal ........... Pollution prevention.

§ 196.19–1 [33 CFR 164.35] .......................................................................................... Removal ........... Maneuvering characteristics.

Subpart 196.23 [33 CFR 81 and 33 U.S.C. 2020] ........................................................ Removal ........... Unauthorized lights.

Subpart 196.75 [33 CFR Subchapter O] ....................................................................... Removal ........... Pollution prevention.

3. The requirement does not improve

shipboard safety. The following sections

are being removed or revised because

they make no significant contribution to

shipboard safety. This list includes

provisions which are typically exceeded

by industry voluntarily, regulations

which have outlived their usefulness

and requirements which result in

inefficient administrative procedures.

Sections 32.05–5, 78.47–67, 97.37–45,

169.742 and 196.37–45 of Title 46 CFR

contain requirements for marking fire

hose and fire axes with the vessel’s

name. Emergency equipment is

typically marked with instructions or

identifying symbols, such as the ‘‘E’’ on

emergency lights, to aid in its

identification and use. Lifesaving

equipment that floats and could be

discovered during a search is marked

with the vessel’s name to help identify

the vessel in the event of a sinking.

However, fire hose and fire axes have no

need for either of these types of

markings. These pieces of equipment do

not float and are not amenable to

marking with instructions. Therefore,

the requirement to mark fire hoses and

fire axes with the vessel’s name is not

necessary and is proposed for removal.

Section 35.01–5 and Subparts 32.40,

72.20, 92.20, 167.50, 168.15 and 190.20

of Title 46 CFR contain requirements for

on-board crew accommodations. In

some cases, the requirements contained

in these sections are unnecessarily

detailed or exceed the requirements of

the International Labor Office Merchant
65992 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

Shipping (Minimum Standards)

Convention, 1976 (ILO 147) to which

the United States is signatory. For

example, ILO 147 requires a hospital

space be provided for tankships over

500 gross tons carrying a crew of 15

persons or more and on a voyage of over

three days duration. Current § 32.40–50

requires a hospital space for all

tankships carrying a crew of 12 persons

or more and on a voyage of over three

days duration.

The changes proposed by this

rulemaking would remove or revise

those sections of the regulations that are

unnecessarily detailed or exceed the

requirements of ILO 147 in order to

make the regulations more concise and

consistent with the international

standard for on-board crew

accommodations.

Sections 35.10–5 and 35.20–30 of

Title 46 CFR discuss the officer in

command’s responsibility to conduct

drills and the prohibitions against

unauthorized lights, flashing blinding

lights and unauthorized whistling.

Section 35.25–1 of Title 46 CFR

discusses the chief engineer’s

responsibility to examine the boilers

and report their condition. Additionally,

Sections 78.57–1, 97.47–1 and 167.65–

15 of Title 46 CFR require mariners to

comply strictly with routing

instructions issued by competent naval

authorities. Each of these sections

include phrases to indicate that the

master or the other licensed officers of

a vessel may be held liable against their

licenses in suspension and revocation

proceedings for failure to comply with

the provisions of these sections. Phrases

of this type are inconsistent with the

President’s memorandum of March 4,

1995 directing the federal agencies to

focus on results rather than process and

punishment and do not contribute to

shipboard safety. The authority to

proceed in suspension and revocation

proceedings against licensed or

certificated mariners that fail to obey a

law or regulation is explained in Part 5

of this chapter. Reiterating a mariner’s

liability in other subchapters is not

necessary. Therefore, to meet the Coast

Guard’s goal of focusing on results

instead of process and punishment this

proposal, if adopted, would remove or

revise sections that restate mariners’

liability for failure to obey laws or

regulations, while retaining the

prohibition against the underlying

conduct.

Sections 35.20–15 and 167.65–30 and

Subparts 78.20, 97.17 and 196.17 of

Title 46 CFR specify the words Right

Rudder and Left Rudder be used when

it is intended that the wheel, rudder

blade and the head of the ship move to

the right or left, respectively. Specifying

the direction of the wheel, rudder or

ship intended by the commands Right

Rudder and Left Rudder is a detail that

is not necessary for professional

seamen. Proper steering orders are

ingrained in the commercial maritime

industry culture and need not be

repeated in the regulations. Therefore,

these regulations are not necessary and

are proposed for removal.

Sections 61.05–5 and 61.30–5 of Title

46 CFR assign responsibilities to the

chief engineer to prepare the boilers and

thermal fluid heaters for inspection.

Preparing machinery for inspection

reduces the time needed to conduct the

required inspections and determine the

condition of the machinery. It is a

matter of convenience for the vessel and

the attending marine inspectors or

classification society surveyors to have

the machinery prepared in advance, but

is not a safety issue. Not preparing

machinery for inspections has no

impact on safety because all required

inspections must eventually be

conducted to the satisfaction of the

attending inspectors or surveyors.

Therefore, regulations assigning the

responsibility to prepare machinery for

inspection to the chief engineer are

proposed for removal.

Sections 54.01–1, 54.01–3 and 54.01–

5 and Table 54.01–5 of Title 46 CFR

reference the standards of the Tubular

Exchanger Manufacturers Association

(TEMA) and the American Society of

Mechanical Engineers (ASME) Code for

Boilers and Pressure Vessels (ASME

Code) for the construction of heat

exchangers. Comments received from

heat exchanger manufacturers and

shipyards indicate that referencing both

the TEMA and ASME standards has

created confusion. The ASME Code is

the primary industry standard for

pressure vessels of all types and is

extensively referenced in the

regulations. The ASME Code is

comprehensive and includes updated

requirements for design and

construction of the heat exchanger

components for which a reference to

TEMA standards was previously

necessary. The ASME Code

requirements are equivalent to TEMA

requirements. Heat exchangers built

solely in accordance with the ASME

Code have demonstrated their

suitability for shipboard use.

Referencing only the ASME Code will

result in simplified regulations and less

confusion. Therefore, the regulations

referencing the TEMA standards are no

longer necessary and are proposed for

removal.

Part 153 of Title 46 CFR contains the

requirements for issuance of a

Certificate of Compliance (COC) and

Subchapter O Endorsement (SOE).

Under the existing regulations, a COC

and SOE are issued by the Coast Guard

to a foreign chemical tanker registered

with a nation signatory to the

International Convention for the

Prevention of Pollution from Ships,

1973, as modified by the Protocol of

1978 (MARPOL 73/78). Issuance of the

COC and SOE are based primarily on a

review of the vessel’s plans and

possession of a valid Certificate of

Fitness (COF) issued by the flag state or

an authorized third party.

The process to obtain a COC and SOE

is initiated when a series of documents

are submitted to the Coast Guard for

review. The required submission of

these documents to both the Coast

Guard’s Marine Safety Center (MSC) and

the cognizant Officer in Charge, Marine

Inspection (OCMI) often results in

unnecessary delays in obtaining a COC

and SOE. Also, under current practices,

after the COC and SOE have been

issued, if a Coast Guard marine

inspector discovers that the COF has

been reissued by the flag state or its

authorized third party, the COC

becomes invalid and cargo operations

have to be stopped until the MSC

reviews the new COF and issues a new

SOE.

A new proposed procedure would

make the Coast Guard’s regulations

more consistent with actual practice.

Due to the large number of cargoes

typically authorized under a COF,

currently the MSC does not conduct a

detailed review of the majority of a

vessel’s plans. Instead, the MSC

concentrates on identifying cargoes

prohibited from bulk carriage in U.S.

waters and those cargoes for which the

U.S. has special requirements. The MSC

accepts a valid COF issued by the flag

state or its authorized third party as

documentation that the vessel complies

with the applicable international codes

for carriage of bulk chemicals. These

codes are the Bulk Chemical Code (BCH

Code) and the International Bulk

Chemical Code (IBC Code) developed by

the International Maritime Organization.

Compliance with these codes is

mandatory for any vessel whose flag

state is signatory to MARPOL 73/78.

Under this proposal, it would be only

those chemical tankers whose flag state

is not signatory to MARPOL 73/78 that

would require a detailed plan review by

the MSC to be issued an SOE. Following

plan review, the MSC would issue an

SOE to these vessels with the notation

that the flag state is not signatory to

MARPOL 73/78.

Therefore, this proposal, if adopted,

would amend the review and issuance
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 65993

process found in 46 CFR Part 153 to

allow the OCMI to issue the COC and

SOE without the MSC’s involvement for

those vessels whose flag states are

signatory to MARPOL 73/78. This

proposal would also enable the SOE to

remain valid as long as the COF is valid

even if the COF is revised. The burden

on the Coast Guard would also be

reduced through streamlined

administrative procedures.

Cite (46 CFR) Proposed

change

Subject addressed

by regulation

Tank Vessels:

§ 32.05–5 .................................................................................................................................. Revision ............ Equipment marking.

Subpart 32.40 ........................................................................................................................... Revision ............ Accommodations.

§ 35.01–5 .................................................................................................................................. Revision ............ Accommodations.

§ 35.10–5 .................................................................................................................................. Revision ............ Emergency drills.

§ 35.20–15 ................................................................................................................................ Revision ............ Steering orders.

§ 35.20–30 ................................................................................................................................ Revision ............ Blinding lights.

§ 35.20–35 ................................................................................................................................ Revision ............ Unnecessary whistling.

§ 35.25–1 .................................................................................................................................. Revision ............ Examination of boiler and

machinery by engineer.

§ 35.40–40 ................................................................................................................................ Revision ............ Equipment marking.

Pressure Vessels:

§ 54.01–1 .................................................................................................................................. Revision ............ Heat exhangers.

§ 54.01–3 .................................................................................................................................. Removal ........... Heat exhangers.

§ 54.01–5 .................................................................................................................................. Revision ............ Heat exhangers.

Inspectins and Examinations:

§ 61.05–5 .................................................................................................................................. Revision ............ Preparing boilers for inspection.

§ 61.30–5 .................................................................................................................................. Revision ............ Preparing thermal fluid

heater for inspection.

Passenger Vessels:

Subpart 72.20 ........................................................................................................................... Revision ............ Accommodations.

Subpart 78.20 ........................................................................................................................... Removal ........... Steering orders.

§ 78.47–67 ................................................................................................................................ Removal ........... Equipment marking.

§ 78.57–1 .................................................................................................................................. Revision ............ Routing instructions.

Cargo and Miscellaneous Vessels:

Subpart 92.20 ........................................................................................................................... Revision ............ Accommodation.

Subpart 97.17 ........................................................................................................................... Removal ........... Steering orders.

§ 97.37–45 ................................................................................................................................ Removal ........... Equipment marking.

§ 97.47–1 .................................................................................................................................. Revision ............ Routing instructions.

Hazardous Cargoes:

Part 153 .................................................................................................................................... Revision ............ Certificate of Compliance

procedures.

Public School Ships:

Subpart 167.50 ......................................................................................................................... Revision ............ Accommodations.

§ 167.55–5 ................................................................................................................................ Revision ............ Special Markings.

§ 167.65–15 .............................................................................................................................. Revision ............ Routing instructions.

§ 167.65–30 .............................................................................................................................. Removal ........... Steering orders.

Civilian Nautical School Ships:

Subpart 168.15 ......................................................................................................................... Revision ............ Accommodations.

Sailing School Vessels:

§ 169.742 .................................................................................................................................. Removal ........... Equipment marking.

Oceanographic Research Vessels:

Subpart 190.20 ......................................................................................................................... Revision ............ Accommodations.

Subpart 196.17 ......................................................................................................................... Removal ........... Steering Orders.

§ 196.37–45 .............................................................................................................................. Removal ........... Equipment marking.

4. An appropriate industry standard

or practice exists which can be

referenced instead of publishing

detailed requirements in the regulations.

The Coast Guard has been

systematically replacing detailed

specifications in the regulations with

industry consensus standards for over

20 years. To date, over 250 regulatory

provisions have been replaced with

adopted industry standards.

Incorporation of industry standards

saves time and resources for both the

Coast Guard and industry by

streamlining the shipboard equipment

acceptance process.

Sections 34.10–10, 34.10–90, 76.10–

10, 76.10–90, 95.10–10, 95.10–90,

108.425, 167.45–40, 193.10–10 and

193.10–90 of Title 46 CFR contain

requirements for fire hose nozzles that

are approved under 46 CFR 162.027. In

1994, the Coast Guard helped U.S.

nozzle manufacturers develop an

American Society for Testing and

Materials (ASTM) standard for fire

fighting nozzles—ASTM F 1546–94,

Standard Specification for Marine Fire

Fighting Nozzles. The standard was

developed for modern variable flow or

variable pressure nozzle with the

expectation that it would eventually be

incorporated into the regulations.

Testing conducted by the Coast Guard

Research and Development Center in

1988 demonstrated these nozzles are

superior to the currently approved allpurpose nozzles. Two of the tested

models were issued Coast Guard

approvals in 1990. Variable flow or

variable pressure nozzles are used by

virtually every shoreside fire

department in the United States.

Incorporation of this standard will make

a superior product with a long,

successful service history available to

the marine industry. Therefore, this

proposal, if adopted, would replace

current specifications for fire hose

nozzles contained in Subpart 162.027
65994 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

with a reference to ASTM F 1546–94

and would allow the use of nozzles that

meet the new Subpart 162.027 in lieu of

nozzles previously approved under

Subpart 162.027.

Sections 56.30–35 and 56.30–40 of

Title 46 CFR contain regulations for

gasketed mechanical couplings and

mechanically attached fittings,

respectively. In 1993, the Coast Guard

and ASTM developed ASTM standards

F 1387–93, Standard Specification for

Performance of Mechanically Attached

Fittings, and F 1476–93, Standard

Specification for Performance of

Gasketed Mechnical Couplings for Use

in Piping Applications, with the

expectation that they would eventually

be incorporated into the regulations in

lieu of §§ 56.30–35 and 56.30–40. This

proposal, if adopted, would incorporate

F 1387F–93 and F 1476–93 into the

regulations.

Section 61.20–17 of Title 46 CFR

contains the requirements for tailshaft

examination intervals. The current

requirements for tailshaft examination

intervals are based on the type of

lubricant in the bearing lubrication

system. With some exceptions, waterlubricated tailshafts must be drawn and

examined at each drydocking. Oillubricated bearings need not be drawn

and examined if the bearing clearances

are taken during drydocking, the

inboard seals are examined, the

lubricating oil is analyzed and

nondestructive testing is conducted on

the connection between the propeller to

the tailshaft. The differences in the

scope and frequency of inspection are

due to the non-corrosive properties of

oil. Consequently, the use of an oillubricated tailshaft can translate into

substantial savings during drydock

periods. However, a potential drawback

is liability for oil released from leaky

seals. As a result, industry demand has

spurred development of water-miscible,

environmentally safe, non-corrosive

lubricants.

The Coast Guard supports the

development and use of non-polluting

lubricants and has evaluated the means

for a manufacturer to demonstrate a

lubricant’s equivalency to oil, based on

the lubricant’s non-corrosive properties,

for purposes of the tailshaft inspection

interval. Under this proposal, if

adopted, a water-miscible lubricant

tested in accordance with ASTM D 665–

92, Standard Test Method for RustPreventing Characteristics of Inhibited

Mineral Oil in the Presence of Water,

may be considered equivalent to oil for

the purposes of the tailshaft inspection

interval. Therefore, this proposal, if

adopted, would incorporate ASTM D

665–92 into the regulations and add

appropriate text into § 61.20–17

explaining the procedures for accepting

water-miscible lubricants as equivalent

to oil. Additionally, this proposal, if

adopted, would clarify the purpose of

the tailshaft lubricating oil analysis by

explaining that the analysis is to

determine the presence of bearing

material or other contaminants.

Section 38.25–10 of Title 46 CFR

contains the inspection requirements for

safety relief valves installed on pressure

vessel type cargo tanks used in the

carriage of liquefied petroleum gas.

Under the current regulations, safety

relief valves must be tested and

adjusted, if necessary, every four years.

The ABS Rules require testing and

adjustment every five years. The ABS

Rules, with the longer testing interval,

have shown to be adequate by the

satisfactory performance of safety relief

valves on non-U.S. vessels classed by

ABS. The Coast Guard has amended the

inspection intervals for vessel

drydockings and for various pieces of

shipboard equipment to agree with the

inspection intervals in international

standards and class society rules. These

amendments have been made after

consideration for any possible

degradation in safety to allow major

pieces of equipment to be tested on a

cycle that coincides with the normal

drydock schedule for the convenience of

the vessel owner, class society and the

Coast Guard. Therefore, this proposal, if

adopted, would change the testing

interval for safety valves installed on

pressure vessel type cargo tanks from

four years to five years to be consistent

with international standards and

classification society rules.

Cite (46 CFR) Proposed

change

Subject addressed by

regulation

§ 34.10–10 ...... Revision ... Fire hose nozzles.

§ 34.10–90 ...... Revision ... Fire hose nozzles.

§ 38.25–10 ...... Revision ... Safety relief

valves.

§ 56.01–2 ........ Revision ... Incorporation

by reference.

§ 56.30–35 ...... Revision ... Gasketed mechanical

couplings.

§ 56.30–40 ...... Revision ... Mechanically

attached fittings.

Subpart 61.03 New ......... Incorporation

by reference.

§ 61.20–17 ...... Revision ... Tailshaft inspections.

§ 76.10–10 ...... Revision ... Fire hose nozzles.

§ 76.10–90 ...... Revision ... Fire hose nozzles.

Cite (46 CFR) Proposed

change

Subject addressed by

regulation

§ 95.10–10 ...... Revision ... Fire hose nozzles.

§ 95.10–90 ...... Removal .. Fire hose nozzles.

§ 108.425 ........ Revision ... Fire hose nozzles.

Subpart

162.027.

Revision ... Fire hose nozzles.

§ 167.45–40 .... Revision ... Fire hose nozzles.

§ 193.10–10 .... Revision ... Fire hose nozzles.

§ 193.10–90 .... Revision ... Fire hose nozzles.

5. Statutory language repeated. The

regulatory text of the following

provisions repeats language or restates

requirements from self-executing

statutes without any additional

regulatory provisions.

Section 26.15–1 of Title 46 CFR

repeats the statutory language of 46

U.S.C. 527e authorizing the Coast Guard

to board numbered, uninspected

commercial vessels. Section 527e of

Title 46 U.S.C. was repealed on August

10, 1971 (P.L. 92–75; 85 Stat. 228). The

authority for the Coast Guard to conduct

boardings on uninspected vessels

remains in Title 14 U.S.C. 89. Therefore,

§ 26.15–1 is no longer needed and is

proposed for revision.

Sections 35.07–5, 35.07–15, 78.37–3,

97.35–3, 97.35–10, 196.35–3 and

196.35–10 of Title 46 CFR either repeat

statutory language or paraphrase

statutory requirements for making

logbook entries. Subparts 78.03, 97.03

and 196.03 of Title 46 CFR repeat the

possible consequences of a violation of

the provisions of Title 46 CFR and

mariners’ liability under the suspension

and revocation proceedings. Sections

167.65–3 and 196.27–10 of Title 46 CFR

repeat the statutory language regarding

negligent operations of a vessel.

Regulations which do not add

meaning or additional requirements to

self-executing statutes are not useful.

Therefore, regulations which only

repeat language or summarize

requirements from self-executing

statutes are not necessary and are

proposed for removal.

Cite (46 CFR) Proposed

change

Subject addressed by

regulation

§ 26.15–1 ........ Revision ... Boarding by

Coast

Guard.

§ 35.07–5 ........ Revision ... Logbook entries.

§ 35.07–15 ...... Removal .. Logbook entries.

Subpart 78.03 Removal .. Statutory penalties.
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 65995

Cite (46 CFR) Proposed

change

Subject addressed by

regulation

§ 78.37–3 ........ Revision ... Logbook entries.

Subpart 97.03 Removal .. Statutory penalties.

§ 97.35–3 ........ Revision ... Logbook entries.

§ 97.35–10 ...... Removal .. Logbook entries.

§ 167.65–3 ...... Removal .. Negligent operations.

Subpart 196.03 Removal .. Statutory penalties.

§ 196.27–10 .... Removal .. Negligent operations.

§ 196.35–3 ...... Revision ... Logbook entries.

§ 196.35–10 .... Removal .. Logbook entries.

Incorporation by Reference

The following material would be

incorporated by reference:

American Society for Testing and

Materials (ASTM):

Standard Specification for

Performance of Mechanically

Attached Fittings, F 1387–93—

§§ 56.01–2, 56.30–35

Standard Specification for

Performance of Gasketed

Mechanical Couplings for Use in

Piping Applications, F 1476–93—

§§ 56.01–2, 56.30–40

Standard Specification for Marine

Fire Fighting Nozzles, ASTM F

1546–93—§§ 162.027–1, 162.027–2,

162.027–3

Copies of the material are available for

inspection where indicated under

ADDRESSES. Copies of the material are

available from the sources listed in

§§ 56.01–2 and 162.027–1.

Before publishing a final rule, the

Coast Guard will submit this material to

the Director of the Federal Register for

approval of the incorporation by

reference.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

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

order, nor has it been reviewed by the

Office of Management and Budget. It is

not significant under the regulatory

policies and procedures of the

Department of Transportation (DOT) (44

FR 11034; February 26, 1979). The Coast

Guard expects the economic impact of

this proposal to be so minimal that a full

Regulatory Assessment is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) small businesses and not-forprofit organizations that are

independently owned and operated and

are not dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

This proposed rule will have no

economic impact on small entities

because it amends portions of

regulations that: (1) Are purely

administrative; (2) Do not reflect

common marine industry practice; (3)

Do not have general applicability; or, (4)

Are repeated in other sections.

Therefore, the Coast Guard finds that

this proposed rule will not have a

significant economic impact on a

substantial number of small entities. If,

however, you think that your business

or organization qualifies as a small

entity and that this rule will have a

significant economic impact on your

business or organization, please submit

a comment (see ADDRESSES) explaining

why you think it qualifies and in what

way and to what degree this proposed

rule will economically affect it.

Collection of Information

This proposed rule imposes on the

public no new or added requirements

for collecting information under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposed rule in accordance with the

principles and criteria of Executive

Order 12612 and has determined that

this rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

Environment

The Coast Guard has considered the

environmental impact of this proposed

rule and concluded that, under section

2.B.2.c of Commandant Instruction

M16475.1B, this rule is categorically

excluded from further environmental

documentation. A Categorical Exclusion

Determination is available in the docket

for inspection or copying where

indicated under ADDRESSES.

List of Subjects

46 CFR Part 26

Marine safety, Penalties, Reporting

and recordkeeping requirements.

46 CFR Part 31

Cargo vessels, Marine safety,

Reporting and recordkeeping

requirements.

46 CFR Part 32

Cargo vessels, Fire prevention, Marine

safety, Navigation (water), Occupational

safety and health, Reporting and

recordkeeping requirements, Seamen.

46 CFR Part 34

Cargo vessels, Fire prevention, Marine

safety.

46 CFR Part 35

Cargo vessels, Marine safety,

Navigation (water), Occupational safety

and health, Reporting and

recordkeeping requirements, Seamen.

46 CFR Part 38

Cargo vessels, Fire prevention, Gases,

Hazardous materials transportation,

Marine safety, Reporting and

recordkeeping requirements.

46 CFR Part 54

Reporting and recordkeeping

requirements, Vessels.

46 CFR Part 56

Reporting and recordkeeping

requirements, Vessels.

46 CFR Part 61

Reporting and recordkeeping

requirements, Vessels.

46 CFR Part 72

Fire prevention, Marine safety,

Occupational safety and health,

Passenger vessels, Seamen.

46 CFR Part 76

Fire prevention, Marine safety,

Passenger vessels.

46 CFR Part 77

Marine safety, Navigation (water),

Passenger vessels.

46 CFR Part 78

Marine safety, Navigation (water),

Passenger vessels, Penalties, Reporting

and recordkeeping requirements.

46 CFR Part 92

Cargo vessels, Fire prevention, Marine

safety, Occupational safety and health,

Seamen.

46 CFR Part 95

Cargo vessels, Fire prevention, Marine

safety.

46 CFR Part 96

Cargo vessels, Marine safety,

Navigation (water).
65996 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

46 CFR Part 97

Cargo vessels, Marine safety,

Navigation (water), Reporting and

recordkeeping requirements.

46 CFR Part 108

Fire prevention, Marine safety,

Occupational safety and health, Oil and

gas exploration, Vessels.

46 CFR Part 109

Marine safety, Occupational safety

and health, Oil and gas exploration,

Reporting and recordkeeping

requirements, Vessels.

46 CFR Part 153

Administrative practice and

procedure, Cargo vessels, Hazardous

materials transportation, Marine safety,

Reporting and recordkeeping

requirements, Water pollution control.

46 CFR Part 160

Marine safety, Reporting and

recordkeeping requirements.

46 CFR Part 162

Fire Prevention, Marine safety, Oil

pollution, Reporting and recordkeeping

requirements.

46 CFR Part 164

Fire prevention, Marine safety,

Reporting and recordkeeping

requirements.

46 CFR Part 167

Fire prevention, Marine safety,

Reporting and recordkeeping

requirements, Schools, Seamen, Vessels.

46 CFR Part 168

Occupational safety and health,

Schools, Seamen, Vessels.

46 CFR Part 169

Fire prevention, Marine safety,

Reporting and recordkeeping

requirements, Schools, Vessels.

46 CFR Part 190

Fire prevention, Marine safety,

Occupational safety and health,

Oceanographic research vessels.

46 CFR Part 193

Fire prevention, Marine safety,

Oceanographic research vessels.

46 CFR Part 196

Marine safety, Oceanographic

research vessels, Reporting and

recordkeeping requirements.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 46 CFR Parts 26, 31, 32, 34, 35,

38, 54, 56, 61, 72, 76, 77, 78, 92, 95, 96,

97, 108, 109, 153, 160, 162, 164, 167,

168, 169, 189, 190, 193, and 196 as

follows:

PART 26—OPERATIONS

1. The authority citation for Part 26

continues to read as follows:

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

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

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

2. In § 26.15–1, paragraphs (a) and (b)

are removed, paragraph (c) is

redesignated as paragraph (b), and a

new paragraph (a) is added to read as

follows:

§ 26.15–1 May board at any time.

(a) To facilitate the boarding of vessels

by the commissioned, warrant, and

petty officers of the U.S. Coast Guard in

the exercise of their authority, every

uninspected vessel, as defined in 46

U.S.C. 2101(43), if underway and upon

being hailed by a Coast Guard vessel,

shall stop immediately and lay to, or

shall maneuver in such a way as to

permit the Coast Guard boarding officer

to come aboard. Failure to permit a

Coast Guard boarding officer to board a

vessel or refusal to comply will subject

the operator or owner of the vessel to

the penalties provided in law.

* * * * *

PART 31—INSPECTION AND

CERTIFICATION

3. The authority citation for Part 31

continues to read as follows:

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

2103, 3306; 49 U.S.C. 5103, 5106; E.O. 12234,

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

12777, 56 FR 54757, 3 CFR 1991 Comp., p.

351; 49 CFR 1.46. Section 31.10–21a also

issued under the authority of Sect. 4109, Pub.

L. 101–380, 104 Stat. 515.

§ 31.10–15 [Amended]

4. In § 31.10–15, paragraph (a) is

amended by removing the words ‘‘and

in the case of nuclear vessels, at least

once every year’’.

PART 32—SPECIAL EQUIPMENT,

MACHINERY, AND HULL

REQUIREMENTS

5. The authority citation for Part 32

continues to read as follows:

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

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

277; 49 CFR 1.46; Subpart 32.59 also under

the authority of Sect. 4109, Pub. L. 101–380,

104 Stat. 515.

6. Section 32.02–5 is revised to read

as follows:

§ 32.02–5 Communication between

deckhouses—TB/OCLB.

On all tank vessels where the distance

between deckhouses is more than 46 m

(150 ft), a fixed means of facilitating

communication between both ends of

the vessel, such as a raised fore and aft

bridge or side tunnels, shall be

provided. Previously approved

arrangements may be retained so long as

they are maintained in satisfactory

condition to the satisfaction of the

Officer in Charge, Marine Inspection.

§ 32.05–5 [Amended]

7. In § 32.05–5, the words ‘‘fire hose,

fire axes,’’ are removed.

8. Section 32.15–10 is revised to read

as follows:

§ 32.15–10 Sounding machines—T/OCL.

All mechanically propelled vessels in

ocean or coastwise service of 500 gross

tons and over, and all mechanically

propelled vessels in Great Lakes service

of 500 gross tons and over certificated

for service on the River St. Lawrence

eastward of the lower exit of the St.

Lambert Lock at Montreal, Canada, shall

be fitted with an efficient electronic

deep-sea sounding apparatus.

9. Subpart 32.40 is revised to read as

follows:

Subpart 32.40—Accommodations for

Officers and Crew

Sec.

32.40–1 Application—TB/ALL.

32.40–5 General—T/ALL.

32.40–10 Restrictions—T/ALL.

32.40–15 Location of crew spaces—T/ALL.

32.40–20 Arrangement of sleeping spaces—

T/ALL.

32.40–25 Size of sleeping spaces—T/ALL.

32.40–30 Berths and lockers—T/ALL.

32.40–35 Wash spaces; toilet spaces; and

shower spaces—T/ALL.

32.40–40 Messrooms—T/ALL.

32.40–45 Hospital spaces—T/ALL.

32.40–50 Miscellaneous accommodation

spaces—T/ALL.

32.40–55 Heating requirements—T/ALL.

32.40–60 Inspect screens—T/ALL.

32.40–65 Crew accommodations on

tankships of less than 100 gross tons and

manned tank barges—TB/ALL.

32.40–70 Crew accommodations on

tankships constructed before June 15,

1987—T/ALL.

§ 32.40–1 Application—TB/ALL.

(a) The provisions of this subpart,

with the exception of § 32.40–70 and

§ 32.40–90, apply to all tankships of 100

gross tons and over constructed on or

after June 15, 1987.

(b) Tankships of less than 100 gross

tons and manned tank barges must meet

the requirements of § 32.40–70.

(c) Tankships of 100 gross tons and

over constructed prior to June 15, 1987,

must meet the requirements of § 32.40–

90.

§ 32.40–5 General—T/ALL.

The accommodations provided for the

crew, including both officers and
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 65997

unlicensed members, on all tankships

must be securely constructed, properly

lighted, heated, drained, ventilated,

equipped, located, arranged, and

insulated from undue noise, heat and

odors.

§ 32.40–10 Restrictions—T/ALL.

(a) There must be no direct

communication between the

accommodation spaces and any

chainlocker, stowage, or machinery

space, except through solid, close-fitted

doors or hatches.

(b) No access, vent, or sounding tube

from a fuel or oil tank may open into

any accommodation space, except that

accesses and sounding tubes may open

into corridors.

§ 32.40–15 Location of crew spaces—T/

ALL.

Crew quarters must not be located

forward of a vertical plane located at

five percent of the tankship’s length aft

of the stem at the designated summer

load line. However, for tankships in

other than ocean or coastwise service,

this distance does not need to exceed

8.5 m (28 ft). For the purposes of this

paragraph, the length defined in

§ 42.13–15 of Subchapter E (Load Lines)

of this chapter is to be used. No section

of the deckhead of the crew spaces may

be below the deepest load line.

§ 32.40–20 Arrangement of sleeping

spaces—T/ALL.

Each department head and

watchstanding officer must be provided

with a separate stateroom.

§ 32.40–25 Size of sleeping spaces—T/

ALL.

(a) No sleeping space may berth more

than four persons.

(b) Without deducting any furnishings

used by the occupants, each sleeping

space must have for each occupant—

(1) 2.78 m2 (30 ft3) of deck area: and

(2) 5.8 m3 (210 ft2) of volume.

(c) Each sleeping space must have at

least 190 cm (75 in) of headroom over

clear deck areas.

§ 32.40–30 Berths and lockers—T/ALL.

(a) Each person shall have a separate

berth and not more than one berth shall

be placed above another.

(b) Each berth must have a framework

of hard, smooth, non-corrosive material.

(c) Each berth must be at least 68 cm

(27 in) wide by 190 cm (75 in) long.

(d) The bottom of the lower berth

must be at least 30 cm (12 in) above the

deck. The bottom of an upper berth

must be at least 76 cm (30 in) from the

bottom of the berth below it and from

the deck or any pipe, ventilating duct,

or other overhead installation.

(e) Each person accommodated in a

room shall be provided a locker.

(f) Each berth must have a berth light.

§ 32.40–35 Wash spaces: toilet spaces;

and shower spaces—T/ALL.

(a) Each tankship must have enough

public facilities to provide at least one

toilet, one shower, and one washbasin

for each eight persons who occupy

sleeping spaces that do not have private

or semi-private facilities.

(b) Each public toilet space and

washing space must be convenient to

the sleeping space that it serves.

(c) Each washbasin, shower, and

bathtub must have hot and cold running

water.

(d) Adjacent toilets must be separated

by a partition that is open at the top and

bottom.

(e) Each washing space and toilet

space must be constructed and arranged

so that it can be kept in a clean and

sanitary condition and the plumbing

and mechanical appliances kept in good

working order.

§ 32.40–40 Messrooms—T/ALL.

Each messroom must seat the number

of persons expected to eat in the

messroom at one time.

§ 32.40–45 Hospital space—T/ALL.

(a) Except as specifically modified by

paragraph (h) of this section, each

tankship, which in the ordinary course

of its trade makes voyages of more than

three days duration between ports, other

than on a coastal voyage, and which

carries a crew of twelve persons or

more, must have a hospital space.

(b) The hospital must be used only for

the care of the sick.

(c) Each hospital space must have a

toilet, washbasin, and bathtub or shower

accessible from the hospital space.

(d) Each hospital space must have a

clothes locker, a table, and seats.

(e) On tankships in which the entire

crew is berthed in single occupancy

rooms, a hospital space is not required

if one room is designated and fitted for

use as a treatment and isolation room,

and meets the following standards:

(1) The room must be available for

immediate medical use;

(2) A washbasin with hot and cold

running water must be installed either

in or immediately adjacent to the space

and other required sanitary facilities

must be conveniently located.

§ 32.40–50 Miscellaneous accommodation

spaces—T/ALL.

(a) Each tankship must have enough

facilities for the crew to wash and dry

their own clothes, including at least one

tub or sink that has hot and cold

running water.

(b) Each tankship must have an

accommodation space that can be used

for recreation.

§ 32.40–55 Heating requirements—T/ALL.

(a) Radiators and other heating

apparatus must be constructed, located

or shielded so as to avoid risk of fire or

danger and discomfort to the occupants

of each accommodation space.

(b) Each exposed pipe in an

accommodation space leading to a

radiator or other heating apparatus must

be insulated.

§ 32.40–60 Insect screens—T/ALL.

Accommodation spaces must be

protected against the admission of

insects.

§ 32.40–65 Crew accommodations on

tankships of less than 100 gross tons and

manned tank barges—TB/ALL.

(a) The crew accommodations on all

tankships of less than 100 gross tons

and all manned tank barges must have

sufficient size and equipment, and be

adequately constructed to provide for

the protection of the crew in a manner

practicable for the size, facilities, and

service of the tank vessel.

(b) The crew accommodations must

be consistent with the principles

underlying the requirements for crew

accommodations of tankships of 100

gross tons or more.

§ 32.40–70 Crew accommodations on

tankships constructed before June 15,

1987—T/ALL.

All tankships of 100 gross tons and

over constructed before June 15, 1987

may retain previously accepted or

approved installations and

arrangements so long as they are

maintained in good condition to the

satisfaction of the Officer in Charge,

Marine Inspection.

Subpart 32.95—[Removed]

10. Subpart 32.95 is removed.

PART 34—FIREFIGHTING EQUIPMENT

The authority citation for Part 34

continues to read as follows:

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

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

277; 49 CFR 1.46.

12. In § 34.05–5, paragraphs (a)(1),

(a)(2), (a)(3) and (a)(4) are revised to

read as follows:

§ 34.05–5 Fire-extinguishing systems—T/

ALL.

(a) * * *

(1) Dry cargo compartments. A carbon

dioxide or water spray system shall be

installed for the protection of all dry

cargo compartments. Where such
65998 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

compartments are readily accessible by

means of doors such spaces need be

protected only by the fire main system.

(2) Cargo tanks. A deck foam system

shall be installed for the protection of

all cargo tank spaces. Where a deck

foam system is installed, an approved

inert gas, steam or other system may

also be installed for the purposes of fire

prevention or inerting of cargo tanks.

For vessels under 100 feet in length, the

semiportable equipment required by

footnote 1 of Table 34.05–5(a) will be

considered as meeting the requirements

of this subparagraph.

(3) Lamp and paint lockers and

similar spaces. A carbon dioxide or

water spray system shall be installed in

all lamp and paint lockers, oil rooms,

and similar spaces.

(4) Pumprooms. A carbon dioxide,

inert gas, foam or water spray system

shall be installed for the protection of

all pumprooms.

* * * * *

§ 34.05–15 [Removed]

13. Section 34.05–15 is removed.

14. In § 34.10–10, paragraphs (e), (e–

1) and (n) are removed, paragraphs (f)

through (m) are redesignated as

paragraphs (g) through (n), respectively,

and new paragraphs (e), (f) and (o) are

added to read as follows:

§ 34.10–10 Fire station hydrants, hose and

nozzles—T/ALL.

* * * * *

(e) Each fire station hydrant must

have at least one length of fire hose.

Each fire hose on the hydrant must have

a combination solid stream and water

spray fire hose nozzle that meets the

requirements in Subpart 162.027 of this

chapter. Fire hose nozzles previously

approved under Subpart 162.027 of this

chapter may be retained so long as they

are maintained in good condition to the

satisfaction of the Officer in Charge,

Marine Inspection. A suitable hose rack

or other device shall be provided. Hose

racks on weather decks shall be located

so as to afford protection from heavy

seas. The hose shall be stored in the

open or so as to be readily visible.

TABLE 34.10–10(E).—HYDRANTS WITH

COAST GUARD APPROVED LOW-VELOCITY WATER SPRAY APPLICATORS

Location

No. of hydrants with approved applicators

Approved applicator length (meters (feet))

Living

spaces.

1 1.2(4)

TABLE 34.10–10(E).—HYDRANTS WITH

COAST GUARD APPROVED LOW-VELOCITY WATER SPRAY APPLICATORS—Continued

Location

No. of hydrants with approved applicators

Approved applicator length (meters (feet))

Weather

deck.

4 3(10) or 3.7(12)

Machinery

space.

2 1.2(4)

(f) Each combination nozzle

previously approved under Subpart

162.027 of this chapter in the locations

listed in Table 34.10–10(E) must have a

low-velocity water spray applicator also

previously approved under Subpart

162.027 of this chapter that is of the

length listed in that table.

* * * * *

(o) Each low-velocity water spray

applicator under paragraph (f) of this

section must have fixed brackets, hooks,

or other means for stowing next to the

hydrant.

15. In § 34.10–90, paragraphs (a)(12)

and (a)(13) are removed, paragraph

(a)(14) is redesignated as (a)(12) and

paragraphs (a)(10), (a)(11) and (b)(2) are

revised to read as follows:

§ 34.10–90 Installations contracted for

prior to May 26, 1965—T/ALL.

(a) * * *

(10) Each fire station hydrant on a

tankship of 500 gross tons or more must

have at least one length of firehose. Each

firehose on the hydrant must have a

combination solid stream and water

spray firehose nozzle that meets the

requirements of Subpart 162.027. Fire

hose nozzles previously approved under

Subpart 162.027 of this chapter may be

retained so long as they are maintained

in good condition to the satisfaction of

the Officer in Charge, Marine

Inspection.

(11) On each tankship of 1000 gross

tons or more, the nozzle required by

paragraph (a)(10) on each of the

following hydrants must have a low

velocity applicator that was previously

approved under Subpart 162.027 and

that connects to that nozzle when the

nozzle itself was previously approved

under Subpart 162.027;

(i) At least two hydrants in the

machinery and boiler spaces.

(ii) At least 25 percent of other

hydrants.

* * * * *

(b) * * *

(2) Each fire station hydrant must

have at least one length of firehose. Each

firehose on the hydrant must have a

combination solid stream and water

spray nozzle that meets the

requirements of Subpart 162.027. Fire

hose nozzles previously approved under

Subpart 162.027 of this chapter may be

retained so long as they are maintained

in good condition to the satisfaction of

the Officer in Charge, Marine

Inspection. If the fire hose nozzles were

previously approved under Subpart

162.027, each of the number of hydrants

in the locations listed in Table 34.10–

10(E) must have a low velocity water

spray applicator that:

(i) Was previously approved under

Subpart 162.027 of this chapter:

(ii) Is the length listed in Table 34.10–

(E); and

(iii) Meets § 34.10–10(o).

16. Subpart 34.13 is revised to read as

follows:

Subpart 34.13—Steam Smothering

Systems

§ 34.13–1 Application—T/ALL.

Steam smothering fire extinguishing

systems are not permitted on vessels

contracted for on or after January 1,

1962. Previously approved installations

may be retained as long as they are

maintained in good condition to the

satisfaction of the Officer in Charge,

Marine Inspection.

Subpart 34.55—[Removed]

17. Subpart 34.55 is removed.

PART 35—OPERATIONS

18. The authority citation for Part 35

continues to read as follows:

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

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

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

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

Comp., p. 351; 49 CFR 1.46.

§ 35.01–5 [Amended]

19. In § 35.01–5, paragraphs (b) and

(c) are removed and the paragraph

designation ‘‘(a)’’ is removed from

paragraph (a).

20. Section 35.07–5 is revised to read

as follows:

§ 35.07–5 Logbooks and records—TB/ALL.

(a) The master or person in charge of

a vessel that is required by 46 U.S.C.

11301 to have an official logbook shall

maintain the logbook on Form CG–706.

When the voyage is completed, the

master or person in charge shall file the

logbook with the Officer in Charge,

Marine Inspection.

(b) The master or person in charge of

a vessel that is not required by 46 U.S.C.

11301 to have an official logbook, shall

maintain, on board, an unofficial

logbook or record in any form desired
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 65999

for the purposes of making entries

therein as required by law or regulations

in this subchapter. Such logs or records

are not filed with the Officer in Charge,

Marine Inspection, but shall be kept

available for review by a marine

inspector for a period of one year after

the date to which the records refer.

Separate records of tests and inspections

of firefighting equipment shall be

maintained with the vessel’s logs for the

period of validity of the vessel’s

certificate of inspection.

§ 35.07–15 [Removed]

21. Section 35.07–15 is removed.

§ 35.10–5 [Amended]

22. In § 35.10–5, paragraph (g) is

removed and paragraphs (h) and (i) are

redesignated as paragraphs (g) and (h),

respectively.

23. Subpart 35.12 is revised to read as

follows:

Subpart 35.12—Placard of Lifesaving

Signals

Sec.

35.12–1 Application—T/OCLB.

35.12–5 Availability—T/OCLB.

§ 35.12–1 Application—T/OCLB.

The provisions of this subpart shall

apply to all vessels on an international

voyage, and all other vessels of 150

gross tons or over in ocean, coastwise or

Great Lakes service.

§ 35.12–5 Availability—T/OCLB.

On all vessels to which this subpart

applies there shall be readily available

to the deck officer of the watch a

placard containing instructions for the

use of the lifesaving signals set forth in

Regulation 16, Chapter V, of the

International Convention for Safety of

Life at Sea, 1974. These signals shall be

used by vessels or persons in distress

when communicating with lifesaving

stations and maritime rescue units.

§ 35.20–15 [Removed]

24. Section 35.20–15 is removed.

§ 35.20–25 [Removed]

25. Section 35.20–25 is removed.

26. Section 35.20–30 is revised to read

as follows:

§ 35.20–30 Flashing the rays of a

searchlight or other blinding light—T/ALL.

No person shall flash or cause to be

flashed the rays of a search light or other

blinding light onto the bridge or into the

pilothouse of any vessel under way.

27. Section 35.20–35 is revised to read

as follows:

§ 35.20–35 Whistling—All.

The unnecessary sounding of a

vessel’s whistle is prohibited within any

harbor limits of the United States.

28. Section 35.20–40 is revised to read

as follows:

§ 35.20–40 Maneuvering characteristics—

T/OC.

(a) Each ocean and coastwide

tankship of 1,600 gross tons or over

must have the maneuvering information

listed in 33 CFR 164.35(g)(1) through

(g)(7) prominently displayed in the pilot

house on a fact sheet.

(b) The information on the fact sheet

must be:

(1) Verified by the owner or operator

six months after the vessel is placed in

service; or

(2) Modified six months after the

vessel is placed into service and verified

within three months thereafter.

(c) The information that appears on

the fact sheet may be obtained from:

(1) Trial trip observations;

(2) Model tests;

(3) Analytical calculations;

(4) Simulations;

(5) Information established from

another vessel of similar hull form,

power, rudder and propeller; or

(6) Any combination of the above. The

accuracy of the information in the fact

sheet required is that attainable by

ordinary shipboard navigation

equipment.

(d) The requirement for information

for fact sheets for vessels of unusual

design will be specified on a case by

case basis.

29. Section 35.25–1 is revised to read

as follows:

§ 35.25–1. Examination of boilers and

machinery by engineer—T/ALL.

It shall be the duty of an engineer

when he assumes charge of the boilers

to examine the same forthwith and

thoroughly. If he finds any part thereof

in bad condition, he shall immediately

report the facts to the master, owner, or

agent, and to the nearest Officer in

Charge, Marine Inspection.

§ 35.30–45 [Removed]

30. Section 35.30–45 is removed.

§ 35.40–40 [Amended]

31. In § 35.40–40, paragraph (a) is

amended by removing the words ‘‘fire

hoses, fire axes,’’.

Subpart 35.70—[Removed]

32. Subpart 35.70 is removed.

PART 38—LIQUEFIED FLAMMABLE

GASES

33. The authority citation for Part 38

is revised to read as follows:

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

U.S.C. 5101, 5106; E.O. 12234, 45 FR 58801,

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

34. In § 38.25–10, paragraph (b) is

revised to read as follows:

§ 38.25–10 Safety relief valves—TB/ALL.

* * * * *

(b) The safety relief valve discs shall

be lifted from their seats in the presence

of a marine inspector by either liquid,

gas, or vapor pressure at least once

every 5 years to determine the accuracy

of adjustment and, if necessary, shall be

reset.

PART 54—PRESSURE VESSELS

35. The authority citation for Part 54

is revised to read as follows:

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

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

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

1.46.

§ 54.01–1 [Amended]

36. In § 54.01–1, paragraph (b) is

amended by removing the incorporation

by reference entry for the Tubular

Exchanger Manufacturers Association.

§ 54.01–3 [Removed]

37. Section 54.01–3 is removed.

§ 54.01–5 [Amended]

38. In § 54.01–5, paragraph (d)(5) is

amended by adding the word ‘‘and’’

after the semicolon, paragraph (d)(6) is

removed, paragraph (d)(7) is

redesignated as paragraph (d)(6) and

footnote 8 is removed from Table 54.01–

5(b).

PART 56—PIPING SYSTEMS AND

APPURTENANCES

39. The authority citation for Part 56

continues to read as follows:

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

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

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

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

Comp., p. 351; 49 CFR 1.46.

40. In § 56.01–2, paragraph (b) is

amended by adding in numerical order

of the standards incorporated by

reference from the American Society for

Testing and Materials (ASTM) the

following additional standards:

§ 56.01–2 Incorporation by reference.

* * * * *

(b) * * *

ASTM F 1387–93 Standard—56.30–40

Specification for Performance of

Mechanically Attached Fittings

ASTM F 1476–93 Standard—56.30–35

Specification for Performance of

Casketed Mechanical Couplings for

Use in Piping Applications

* * * * *

41. Section 56.30–35 is revised to read

as follows:
66000 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

§ 56.30–35 Sleeve coupled and other

proprietary joints.

Coupling type, mechanical gland type

and other proprietary joints may be used

in certain locations (see § 56.30–40(d)

for limitations) where experience or

tests have demonstrated that the joint is

safe for the operating conditions, and

where adequate provision is made to

prevent separation of the joint. Fittings

of this type shall be designed,

constructed, tested and marked in

accordance with ASTM F 1476–93.

42. In § 56.30–40, paragraphs (b), (c),

(e), and (h) are removed, paragraph (d)

is redesignated as paragraph (c),

paragraphs (f) and (g) are redesignated

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

and a new paragraph (b) is added to

read as follows:

§ 56.30–40 Flexible pipe couplings of the

compression or slip-on type.

* * * * *

(b) Couplings shall be designed,

constructed, tested and marked in

accordance with ASTM F 1387–93.

* * * * *

§ 56.50–100 [Removed]

43. Section 56.50–100 is removed.

PART 61—PERIODIC TESTS AND

INSPECTIONS

44. The authority citation for Part 61

continues to read as follows:

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

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

Comp., p. 277; 49 CFR 1.46.

45. Subpart 61.03 is added to read as

follows:

Subpart 61.03—Incorporation of

Standards

§ 61.03–1 Incorporation by reference.

(a) Certain material is incorporated by

reference into this part with the

approval of the Director of the Federal

Register in accordance with 5 U.S.C.

552(a). To enforce any edition other

than that specified in paragraph (b) of

this section, the Coast Guard must

publish notice of change in the Federal

Register and make the material available

to the public. All approved material is

on file at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC, and at the

U.S. Coast Guard, Design and

Engineering Standards Division (G–

MMS), 2100 Second Street SW.,

Washington, DC 20593–0001 and is

available from the sources indicated in

paragraph (b) of this section.

(b) The material for incorporation by

reference in this part and the sections

affected are:

American Society for Testing and

Materials (ASTM), 1916 Race Street,

Philadelphia, PA 19103

ASTM D 665–92, Standard Test Method

for Rust-Preventing Characteristics of

Inhibited Mineral Oil in the Presence

of Water, 1992—61.20–17

§ 61.05–5 [Amended]

46. In § 61.05–5, paragraph (a) is

removed and paragraphs (b) and (c) are

redesignated as paragraphs (a) and (b),

respectively.

47. Section 61.20–17 is revised to read

as follows:

§ 61.20–17 Examination intervals.

(a) A lubricant that demonstrates the

corrosion inhibiting properties of oil

when tested in accordance with ASTM

D 665–92 is considered to be equivalent

to oil for the purposes of the tailshaft

examination interval.

(b) Except as provided in paragraphs

(c) through (f) of this section, each

tailshaft on a vessel must be examined

twice within any five year period. No

more than three years may elapse

between any two tailshaft examinations.

(c) Tailshafts on vessels fitted with

multiple shafts must be examined once

every five years.

(d) Tailshafts with inaccessible

portions fabricated of materials resistant

to corrosion by sea water, or fitted with

a continuous liner or a sealing gland

which prevents sea water from

contacting the shaft, must be examined

once every five years if they are

constructed or fitted with a taper,

keyway, and propeller designed in

accordance with the American Bureau

of Shipping standards to reduce stress

concentrations or are fitted with a

flanged propeller. Accessible portions of

tailshafts must be examined visually

during each drydock examination.

(e) Tailshafts with oil lubricated

bearings, including bearings lubricated

with a substance considered to be

equivalent to oil under the provisions of

paragraph (a), need not be drawn for

examination—

(1) If tailshaft bearing clearance

readings are taken whenever the vessel

undergoes a drydock examination or

underwater survey;

(2) If the inboard seal assemblies are

examined whenever the vessel

undergoes a drydock examination or

underwater survey;

(3) If an analysis of the tailshaft

bearing lubricant is performed

semiannually in accordance with the

lubrication system manufacturer’s

recommendations to determine bearing

material content or the presence of other

contaminants; and

(4) If—

(i) For tailshafts with a taper, the

propeller is removed and the taper and

the keyway (if fitted) are

nondestructively tested at intervals not

to exceed five years; or

(ii) For tailshafts with a propeller

fitted to the shaft by means of a

coupling flange, the propeller coupling

bolts and flange radius are

nondestructively tested whenever they

are removed or made accessible in

connection with overhaul or repairs.

(f) Tailshafts on mobile offshore

drilling units are not subject to

examination intervals under paragraphs

(b) through (d) of this section if they

are—

(1) Examined during each regularly

scheduled drydocking; or

(2) Regularly examined in a manner

acceptable to the Commandant (G–

MCO).

§ 61.30–5 [Amended]

48. In § 61.30–5, paragraph (a) is

removed and the paragraph designation

‘‘(b)’’ is removed from paragraph (b).

PART 72—CONSTRUCTION AND

ARRANGEMENT

49. The authority citation for Part 72

continues to read as follows:

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

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

1.46.

§ 72.05–60 [Removed]

50. Section 72.05–60 is removed.

51. Subpart 72.20 is revised to read as

follows:

Subpart 72.20—Accommodations for

Officers and Crew

Sec.

72.20–1 Application.

72.20–5 Intent.

72.20–10 Location of crew spaces.

72.20–15 Construction.

72.20–20 Sleeping accommodations.

72.20–25 Washrooms and toilet rooms.

72.20–30 Messrooms.

72.20–35 Hospital space.

72.20–40 Other spaces.

72.20–45 Lighting.

72.20–50 Heating.

72.20–55 Insect screens.

72.20–90 Vessels contracted for prior to

November 19, 1952.

§ 72.20–1 Application.

The provisions of this subchapter,

except § 72.20–90, apply to all vessels

contracted for after November 18, 1952.

Vessels contracted for before November

19, 1952 shall meet the requirements of

§ 72.20–90.

§ 72.20–5 Intent.

It is the intent of this subpart that the

accommodations provided for officers

and crew on all vessels shall be securely
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 66001

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

arranged, and where practicable, shall

be insulated from undue noise, heat and

odors.

§ 72.20–10 Location of crew spaces.

(a) Crew quarters shall not be located

farther forward in the vessel than a

vertical plane located at 5 percent of the

vessel’s length abaft the forward side of

the stem at the designed summer load

water line. However, for vessels in other

than ocean or coastwise service, this

distance need not exceed 8.5 m (28 ft).

For the purposes of this paragraph, the

length shall be as defined in § 43.15–1

of Subchapter E (Load Lines) of this

chapter. No section of the deck of the

crew spaces shall be below the deepest

load line, except that in special cases,

the Commandant may approve such an

arrangement.

(b) There shall be no direct

communication, except through solid,

close fitted doors or hatches between

crew spaces and chain lockers, or

machinery spaces.

§ 72.20–15 Construction.

All crew spaces are to be constructed

in a manner suitable to the purpose for

which they are intended. The

accommodations provided for officers

and crew on all vessels shall be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

arranged, and, where practicable, shall

be insulated from undue noise, heat and

effluvia.

§ 72.20–20 Sleeping accommodations.

(a) Where practicable, each licensed

officer shall be provided with a separate

stateroom.

(b) Sleeping accommodations for the

crew shall be divided into rooms, no

one of which shall berth more than four

persons.

(c) Each room shall be of such size

that there is at least 2.78 m 2 (30 ft 3) of

deck area and a volume of at least 5.8

m 3 (210 ft 2) for each person

accommodated. The clear head room

shall be not less than 190 cm (75 in). In

measuring sleeping accommodations

any furnishings contained therein for

the use of the occupants are not to be

deducted from the total volume or from

the deck area.

(d) Each person shall have a separate

berth and not more than one berth shall

be placed above another. The berth shall

be composed of materials not likely to

corrode. The overall size of a berth shall

not be less than 68 cm (27 in) wide by

190 cm (75 in) long, except by special

permission of the Commandant. Where

two tiers of berths are fitted, the bottom

of the lower berth must not be less than

30 cm (12 in) above the deck. The berths

shall not be obstructed by pipes,

ventilating ducts, or other installations.

(e) A locker shall be provided for each

person accommodated in a room.

§ 72.20–25 Washrooms and toilet rooms.

(a) There shall be provided at least

one toilet, one washbasin, and one

shower or bathtub for each eight

members or portion thereof in the crew

to be accommodated. The crew to be

accommodated shall include all

members who do not occupy rooms to

which private or semi-private facilities

are attached.

(b) The toilet rooms and washrooms

shall be located convenient to the

sleeping quarters of the crew to which

they are allotted but shall not open

directly into such quarters except when

they are provided as private or semiprivate facilities.

(c) All washbasins, showers, and

bathtubs shall be equipped with proper

plumbing, including hot and cold

running water. All toilets shall be

installed with proper plumbing for

flushing. Where more than one toilet is

located in a space or compartment, each

toilet shall be separated by partitions.

§ 72.20–30 Messrooms.

Messrooms shall be located as near to

the galley as is practicable except where

the messroom is equipped with a steam

table. The messroom shall be of such

size as to seat the number of persons

normally scheduled to be eating at one

time.

§ 72.20–35 Hospital space.

(a) Each vessel which in the ordinary

course of its trade makes voyages of

more than 3 days duration between

ports and which carries a crew of twelve

or more, shall be provided with a

hospital space. This space shall be

situated with due regard to the comfort

of the sick so that they may receive

proper attention in all weathers.

(b) The hospital shall be suitably

separated from other spaces and shall be

used for the care of the sick and for no

other purpose.

(c) The hospital shall be fitted with

berths in the ratio of one berth to every

twelve members of the crew or portion

thereof who are not berthed in single

occupancy rooms, but the number of

berths need not exceed six.

(d) The hospital shall have a toilet,

washbasin, and bath tub or shower

conveniently situated. Other necessary

suitable equipment of such character as

clothes locker, table, seat, etc., shall be

provided.

(a) Sufficient facilities shall be

provided where the crew may wash and

dry their own clothes. There shall be at

least one sink supplied with hot and

cold fresh water.

(b) Recreation accommodations shall

be provided.

(c) A space or spaces of adequate size

shall be available on an open deck to

which the crew has access when off

duty.

§ 72.20–45 Lighting.

Berth lights shall be provided for each

member of the crew.

§ 72.20–50 Heating.

(a) All crew spaces shall be

adequately heated in a manner suitable

to the purpose of the space.

(b) Radiators and other heating

apparatus shall be so placed, and where

necessary shielded, as to avoid risk of

fire, danger or discomfort to the

occupants. Pipes leading to radiators or

heating apparatus shall be lagged where

those pipes create a hazard to persons

occupying the space.

§ 72.20–55 Insect screens.

Provisions shall be made to protect

the crew quarters against the admission

of insects.

§ 72.20–90 Vessels contracted for prior to

November 19, 1952.

(a) Vessels of 100 gross tons and over,

contracted for prior to March 4, 1915,

shall meet the requirements of this

paragraph.

(1) Existing structure, arrangements,

materials, and facilities, previously

approved will be considered satisfactory

so long as they are maintained in a

suitable condition to the satisfaction of

the Officer in Charge, Marine

Inspection. Minor repairs and

alterations may be made to the same

standard as the original construction

provided that in no case will a greater

departure from the standards of

§§ 72.20–5 through 72.20–55 be

permitted than presently exists.

(b) Vessels of 100 gross tons and over,

contracted for on or after March 4, 1915,

but prior to January 1, 1941, shall meet

the requirements of this paragraph.

(1) Existing structure, arrangements,

materials, and facilities, previously

accepted or approved will be considered

satisfactory so long as they are

maintained in a suitable condition to

the satisfaction of the Officer in Charge,

Marine Inspection. Minor repairs and

alterations may be made to the same

standard as the original construction.

(2) Where reasonable and practicable,

a minimum of 1 toilet, shower, and

washbasin shall be provided for each 10

members of the crew or fraction thereof.

(3) Crew spaces shall have a volume

of at least 3.4 m3 (120 ft2) and a deck
66002 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

area of at least 1.5 m2 (16 ft3) for each

person accommodated.

(4) Each crewmember shall have a

separate berth, and berths may not be

placed more than two high.

(5) Each vessel, which in the ordinary

course of its trade makes a voyage of

more than 3 days duration between

ports and which carries a crew of twelve

or more persons, shall be provided with

a suitable hospital space for the

exclusive use of the sick or injured.

Berths shall be provided in the ratio of

1 berth for each twelve members of the

crew or fraction thereof, but the number

of berths need not exceed 6.

(6) The crew spaces shall be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

and arranged, and where practicable

shall be insulated from undue noise and

odors.

(d) Vessels of 100 gross tons and over,

contracted for on or after January 1,

1941, but prior to November 19, 1952,

shall meet the requirements of this

paragraph.

(1) Existing structure, arrangements,

materials, and facilities, previously

accepted or approved will be considered

satisfactory so long as they are

maintained in a suitable condition to

the satisfaction of the Officer in Charge,

Marine Inspection. Minor repairs and

alterations may be made to the same

standard as the original construction.

(2) There shall be a minimum of one

toilet, shower, and washbasin for each

eight members of the crew or fraction

thereof who are not accommodated in

rooms having attached private or semiprivate facilities. Washbasins, showers,

and bathtubs if substituted for showers,

shall be equipped with proper

plumbing, including hot and cold

running water.

(3) Crew spaces shall have a volume

of at least 3.4 m3 (120 ft2) and a deck

area of at least 1.5 m2 (16 ft3) for each

person accommodated.

(4) Each crewmember shall have a

separate berth, and berths may not be

placed more than two high.

(5) Each vessel, which in the ordinary

course of its trade makes a voyage of

more than 3 days duration between

ports and which carries a crew of twelve

or more persons, shall be provided with

a suitable hospital space for the

exclusive use of the sick or injured.

Berths shall be provided in the ratio of

1 berth for each twelve members of the

crew or fraction thereof, but the number

of berths need not exceed 6.

(6) The crew spaces shall be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

and arranged, and where practicable

shall be insulated from undue noise and

odors.

PART 76—FIRE PROTECTION

EQUIPMENT

52. The authority citation for Part 76

continues to read as follows:

Authority: 46 U.S.C. 3306, E.O. 12243, 45

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

1.46.

53. Section 76.05–20 is revised to read

as follows:

§ 76.05–20 Fixed fire extinguishing

systems.

Approved fire extinguishing systems

shall be installed, as required by Table

76.05–1(a) on all self-propelled vessels

and on all barges with sleeping

accommodations for more than six

persons.

§ 76.05–30 [Removed]

54. Section 76.05–30 is removed.

55. In § 76.10–10, paragraphs (j–1)

and (j–2) are removed, paragraph (k) and

(l) is redesignated as paragraphs (m) and

(n), paragraph (j) is revised and new

paragraphs (k) and (l) are added to read

as follows:

§ 76.10–10 Fire hydrants and hose.

* * * * *

(j) Each fire hose on each hydrant

must have a combination solid stream

and water spray fire hose nozzle that

meets the requirements in Subpart

162.027 of this chapter. Fire hose

nozzles previously approved under

Subpart 162.027 of this chapter may be

retained so long as they are maintained

in good condition to the satisfaction of

the Officer in Charge, Marine

Inspection.

(k) Fire hose nozzles previously

approved under Subpart 162.027 of this

chapter in the following locations must

have low-velocity water spray

applicators also previously approved

under Subpart 162.027 of this chapter.

(1) In accommodation and service

areas, two fire hoses.

(2) In each propulsion machinery

space containing an oil-fired boiler,

internal combustion machinery, or oil

fuel unit on a vessel on an international

voyage or of 1000 gross tons or more,

each fire hose. The length of each

applicator must be not more than 1.8 m

(6 feet).

(1) Fixed brackets, hooks, or other

means for stowing an applicator must be

next to each fire hydrant that has an

applicator under paragraph (k) of this

section.

* * * * *

56. In § 76.10–90, paragraph (a)(7) is

removed and paragraph (a)(6) is revised

to read as follows:

§ 76.10–90 Installations contracted for

prior to May 26, 1965.

(a) * * *

(6) Firehose nozzles and low velocity

spray applicators must meet the

requirements of §§ 76.10–10(j), 76.10–

10(k) and 76.10–10(l).

57. Subpart 76.13 is revised to read as

follows:

Subpart 76.13—System Smothering

Systems

§ 76.13–1 Application.

Steam smothering systems are not

permitted on vessels contracted for on

or after January 1, 1962. Previously

approved installations may be retained

as long as they are maintained in good

condition to the satisfaction of the

Officer in Charge, Marine Inspection.

PART 77—VESSEL CONTROL AND

MISCELLANEOUS SYSTEMS AND

EQUIPMENT

58. The authority citation for Part 77

continues to read as follows:

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

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

1.46.

59. Section 77.27–1 is revised to read

as follows:

§ 77.27–1 When required.

All mechanically propelled vessels of

500 gross tons and over in ocean or

coastwise service, and all mechanically

propelled vessels of 500 gross tons and

over in Great Lakes service certificated

for service on the River St. Lawrence

eastward of the lower exit of the St.

Lambert Lock at Montreal, Canada, shall

be fitted with an efficient electronic

deep-sea sounding apparatus.

PART 78—OPERATIONS

60. The authority citation for Part 78

continues to read as follows:

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

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

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

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

Comp., p. 351; 49 CFR 1.46.

Subpart 78.03—[Removed]

61. Subpart 78.03 is removed.

Subpart 78.20—[Removed]

62. Subpart 78.20 is removed.

63. In § 78.21–1, paragraphs (a), (b),

(c) and (d) are removed, paragraphs, (e)

and (f) are redesignated as paragraphs

(b) and (c), respectively, and a new

paragraph (a) is added to read as

follows:
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 66003

§ 78.21–1 Data required.

(a) The information on the

maneuvering characteristics fact sheet

required by 33 CFR 164.35(g) must be:

(1) Verified six months after the vessel

is placed into service; or

(2) Modified six months after the

vessel is placed into service and verified

within three months thereafter.

* * * * *

Subpart 78.25—[Removed]

64. Subpart 78.25 is removed.

65. Subpart 78.35 is revised to read as

follows:

Subpart 78.35—Communication

between deckhouses

§ 78.35–1 When required.

On all vessels navigating in other than

protected waters, where the distance

between deckhouses is more than 46 m

(150 ft) a fixed means of facilitating

communication between both ends of

the vessel, such as a raised fore and aft

bridge or side tunnels, shall be

provided. Previously approved

arrangements may be retained so long as

they are maintained in satisfactory

condition to the satisfaction of the

Officer in Charge, Marine Inspection.

66. Section 78.37–3 is revised to read

as follows:

§ 78.37–3 Logbooks and records.

(a) The master or person in charge of

a vessel that is required by 46 U.S.C.

11301 to have an official logbook shall

maintain the logbook on Form CG–706.

When the voyage is completed, the

master or person in charge shall file the

logbook with the Officer in Charge,

Marine Inspection.

(b) The master or person in charge of

a vessel that is not required by 46 U.S.C.

11301 to have an official logbook, shall

maintain, on board, an unofficial

logbook or record in any form desired

for the purposes of making entries

therein as required by law or regulations

in this subchapter. Such logs or records

are not filed with the Officer in Charge,

Marine Inspection, but shall be kept

available for review by a marine

inspector for a period of one year after

the date to which the records refer.

Separate records of tests and inspections

of firefighting equipment shall be

maintained with the vessel’s logs for the

period of validity of the vessel’s

certificate of inspection.

§ 78.47–67 [Removed]

67. Section 78.47–67 is removed.

68. Subpart 78.53 is revised to read as

follows:

Subpart 78.53—Placard of Lifesaving

Signals

Sec.

78.53–1 Application.

78.53–5 Availability.

§ 78.53–1 Application.

The provisions of this subpart shall to

all vessels on an international voyage,

and all other vessels of 150 gross tons

or over in ocean, coastwise or Great

Lakes service.

§ 78.53–5 Availability.

On all vessels to which this subpart

applies there shall be readily available

to the deck officer of the watch a

placard containing instructions for the

use of the lifesaving signals set forth in

Regulation 16, Chapter V, of the

International Convention for Safety of

Life at Sea, 1974. These signals shall be

used by vessels or persons in distress

when communicating with lifesaving

stations and maritime rescue units.

69. Section 78.57–1 is revised to read

as follows:

§ 78.57–1 All personnel must comply.

All licensed masters, officers, and

certificated seamen on United States

vessels shall comply strictly with

routing instructions issued by

competent naval authority.

Subpart 78.75—[Removed]

70. Subpart 78.75 is removed.

Subpart 78.80—[Removed]

71. Subpart 78.80 is removed.

Subpart 78.85—[Removed]

72. Subpart 78.85 is removed.

PART 92—CONSTRUCTION AND

ARRANGEMENT

73. The authority citation for Part 92

continues to read as follows:

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

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

1.46.

§ 92.01–13 [Removed]

74. Section 92.01–13 is removed.

75. Subpart 92.20 is revised to read as

follows:

Subpart 92.20—Accommodations for

Officers and Crew

Sec.

92.20–1 Application.

92.20–5 Intent.

92.20–10 Location of crew spaces.

92.20–15 Construction.

92.20–20 Sleeping accommodations.

92.20–25 Washrooms and toilet rooms.

92.20–30 Messrooms.

92.30–35 Hospital space.

92.20–40 Other spaces.

92.20–45 Lighting.

92.20–50 Heating.

92.20–55 Insect screens.

92.20–90 Vessels contracted for prior to

November 19, 1952.

§ 92.20–1 Application.

(a) The provisions of this subpart,

with the exception of § 92.20.90, shall

apply to all vessels of 100 gross tons and

over contracted for on or after November

19, 1952. Vessels of 100 gross tons and

over contracted for prior to November

19, 1952 shall meet the requirements of

§ 92.20–90.

(b) Vessels of less than 100 gross tons

shall meet the applicable requirements

of this subpart insofar as is reasonable

and practicable.

§ 92.20–5 Intent.

It is the intent of this subpart that the

accommodations provided for officers

and crew on all vessels shall be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

arranged, and, where practicable, shall

be insulated from undue noise, heat and

odors.

§ 92.20–10 Location of crew spaces.

(a) Crew spaces shall be located,

where practicable, so that the maximum

amount of fresh air and light are

obtainable.

(b) Crew quarters shall not be located

farther forward in a vessel than a

vertical plane located at 5 percent of the

vessel’s length abaft the forward side of

the stem at the designed summer load

waterline. However, for vessels in other

than ocean services, this distance need

not exceed 8.5 m (28 ft). For the purpose

of this paragraph, the length shall be as

defined in § 42.13–15 of Subchapter E

(Load Lines) of this chapter.

There shall be no direct

communication, except through solid,

close fitted doors or hatches between

crew spaces and chain lockers, cargo, or

machinery spaces.

(d) There shall be no access, vents, or

sounding tubes from fuel or cargo oil

tanks opening into crew spaces, except

that sounding tubes and access openings

may be located in corridors.

§ 92.20–15 Construction.

All crew spaces are to be constructed

in a manner suitable to the purpose for

which they are intended. The

accommodations provided for officers

and crew on all vessels shall be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

arranged, and, where practicable, shall

be insulated from undue noise, heat and

odors.
66004 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

§ 92.20–20 Sleeping accommodations.

(a) Each department head and

watchstanding officer shall have a

separate stateroom.

(b) Sleeping accommodations for the

crew shall be divided into rooms, no

one of which shall berth more than four

persons.

(c) Each room shall be of such size

that there is at least 2.78 m2 (30 ft3) of

deck area and a volume of at least 5.8

m3 (210 ft2) for each person

accommodated. The clear headroom

shall be not less than 190 cm (75 in). In

measuring sleeping quarters allocated to

crews of vessels, any furnishings

contained therein for the use of the

occupants are not to be deducted from

the total volume or deck area.

(d) Each person shall have a separate

berth and not more than one berth shall

be placed above another. The berths

shall be composed of a material not

likely to corrode. The overall size of a

berth shall not be less than 68 cm (27

in) wide by 190 cm (75 in) long. Where

two tiers of berths are fitted, the bottom

of the lower berth must not be less than

30 cm (12 in) above the deck. The berths

shall not be obstructed by pipes,

ventilating ducts, or other installations.

(e) A locker provided for each person

accommodated in a room.

§ 92.20–25 Washrooms and toilet rooms.

(a) There shall be provided at least

one toilet, one washbasin, and one

shower or bathtub for each eight

members or portion thereof in the crew

to be accommodated. The crew to be

accommodated shall include all

members who do not occupy rooms to

which private or semiprivate facilities

are attached.

(b) The toilet rooms and washrooms

shall be located convenient to the

sleeping quarters of the crew to which

they are allotted but shall not open

directly into such quarters except when

they are provided as private or

semiprivate facilities.

(c) All washbasins, showers, and

bathtubs shall be equipped with proper

plumbing, including hot and cold

running water. All toilets shall be

installed with proper plumbing for

flushing.

(d) At least one washbasin shall be

fitted in each toilet room, except where

private or semi-private facilities are

provided and washbasins are installed

in the sleeping rooms.

(e) When more than one toilet is

located in a space, each toilet shall be

separated by partitions.

§ 92.20–30 Messrooms.

Messrooms shall be located as near to

the galley as practicable. The

messrooms shall be of such size as to

seat the number of persons normally

scheduled to be eating at one time.

§ 92.20–35 Hospital space.

(a) Except as specifically modified by

paragraph (f) of this section, each vessel

which in the ordinary course of its trade

makes voyages of more than 3 days

duration between ports and which

carries a crew of twelve or more, shall

be provided with a hospital space. This

space shall be situated with due regard

to the comfort of the sick so that they

may receive proper attention in all

weathers.

(b) The hospital shall be suitably

separated from other spaces and shall be

used for the care of the sick and for no

other purpose.

(c) The hospital shall be fitted with

berths in the ratio of one berth to every

twelve members of the crew or portion

thereof who are not berthed in single

occupancy rooms, but the number of

berths need not exceed six.

(e) The hospital shall have a toilet,

washbasin, and bath tub or shower

conveniently situated. Other necessary

suitable equipment of such character as

clothes locker, table, seat, etc., shall be

provided.

(f) On vessels in which the crew is

berthed in single occupancy rooms a

hospital space will not be required,

provided, that one room shall be

designated and fitted for use as a

treatment and isolation room. Such

room shall meet the following

standards:

(1) The room must be available for

immediate medical use; and,

(2) A washbasin with hot and cold

running water must be installed either

in or immediately adjacent to the space

and other required sanitary facilities

must be conveniently located.

§ 92.20–40 Other spaces.

(a) Sufficient facilities shall be

provided where the crew may wash and

dry their own clothes. There shall be at

least one sink supplied with hot and

cold fresh water.

(b) Recreation accommodations shall

be provided.

§ 92.20–45 Lighting.

Berth lights shall be provided for each

member of the crew.

§ 92.20–50 Heating.

(a) All crew spaces shall be

adequately heated in a manner suitable

to the purpose of the space.

(b) Radiators and other heating

apparatus shall be so placed, and where

necessary shielded, as to avoid risk of

fire, danger or discomfort to the

occupants. Pipes leading to radiators or

heating apparatus shall be lagged where

those pipes create a hazard to persons

occupying the space.

§ 92.20–55 Insect screens.

Provisions shall be made to protect

the crew quarters against the admission

of insects.

§ 92.20–90 Vessels contracted for prior to

November 19, 1952.

(a) Vessels of less than 100 gross tons,

contracted for prior to November 19,

1952 shall meet the general intent of

§ 92.20–5 and in addition shall meet the

following requirements:

(1) Existing structure, arrangements,

materials, and facilities, previously

accepted or approved will be considered

satisfactory so long as they are

maintained in a suitable condition to

the satisfaction of the Officer in Charge,

Marine Inspection. Minor repairs and

alternations may be made to the same

standard as the original construction.

(b) Vessels of 100 gross tons and over,

contracted for prior to March 4, 1915,

shall meet the requirements of this

paragraph.

(1) Existing structure, arrangements,

materials, and facilities, previously

approved will be considered satisfactory

so long as they are maintained in good

condition to the satisfaction of the

Officer in Charge, Marine Inspection.

Minor repairs and alterations may be

made to the same standard as the

original construction: Provided, That in

no case will a greater departure from the

standards of 92.20–5 through 92.20–55

be permitted than presently exists.

(c) Vessels of 100 gross tons and over,

contracted for on or after March 4, 1915,

but prior to January 1, 1941, shall meet

the requirements of this paragraph.

(1) Existing structure, arrangements,

materials, and facilities, previously

approved will be considered satisfactory

so long as they are maintained in a

suitable condition to the satisfaction of

the Officer in Charge, Marine

Inspection. Minor repairs and

alternations may be made to the same

standard as the original construction.

(2) Each vessel, which in the ordinary

course of its trade makes a voyage of

more than three days duration between

ports and which carries a crew of 12 or

more persons, shall be provided with a

suitable hospital space for the exclusive

use of the sick or injured.

(3) The crew spaces shall be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

and arranged, and where practicable,

shall be insulated from undue noise and

odors.

(d) Vessels of 100 gross tons and over,

contracted for on or after January 1,
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 66005

1941, but prior to November 19, 1952,

shall meet the requirements of this

paragraph.

Existing structure, arrangements,

materials, and facilities, previously

approved will be considered satisfactory

so long as they are maintained in a

suitable condition to the satisfaction of

the Officer in Charge, Marine

Inspection. Minor repairs and

alternations may be made to the same

standard as the original construction.

(2) Washbasins, showers, and bath

tubs if substituted for showers, shall be

equipped with proper plumbing

including hot and cold running water.

(3) Each crewmember shall have a

separate berth, and berths may not be

placed more than two high.

(4) Each vessel, which in the ordinary

course of its trade makes a voyage of

more than three days duration between

ports and which carries a crew of twelve

or more persons, shall be provided with

a suitable hospital space for the

exclusive use of the sick or injured.

Berths shall be provided in the ratio of

one berth for each twelve members of

the crew or fraction thereof, but the

number of berths need not exceed six.

(5) The crew spaces shall be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located

and arranged, and where practicable,

shall be insulated from undue noise and

odors.

PART 95—FIRE PROTECTION

EQUIPMENT

76. The authority citation for Part 95

continues to read as follows:

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

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

1.46.

77. In § 95.05–10, paragraph (g) is

removed and paragraphs (b) and (c) are

revised to read as follows:

§ 95.05–10 Fixed fire extinguishing

systems.

* * * * *

(b) A fixed carbon dioxide or other

approved system shall be installed in all

cargo compartments and tanks for

combustible cargo, except that vessels

engaged exclusively in the carriage of

coal or grain in bulk need not be fitted

with such system. For cargo

compartments and tanks fitted with a

fixed carbon dioxide or other approved

system a deck foam system is not

required. In lieu of the carbon dioxide

system or other approved system, the

following systems may be used or

required in special cases:

(1) A fixed foam system may be used

in cargo tanks.

(2) In cases where a cargo is normally

accessible and is considered to be a part

of the working or living quarters, a

water sprinkling system may be

required, and the details of such system

will be subject to special approval.

(3) Spaces ‘‘specially suitable for

vehicles’’ shall be fitted with an

approved carbon dioxide system.

Alternately, the Commandant may

permit the installation of an approved

water sprinkler system or other suitable

system.

(c) On vessels other than motorboats,

a fixed carbon dioxide or other

approved system shall be installed in all

lamp and paint lockers, oil rooms, and

similar spaces.

* * * * *

§ 95.05–20 [Removed]

78. Section 95.05–20 is removed.

79. In § 95.10–10, paragraphs (i), (i–1),

(i–2) and (1) are removed, paragraphs (j)

and (k) are redesignated as paragraphs

(l) and (m), respectively, and new

paragraphs (i), (j), (k), (n), (n)(1), (n)(2)

an (n)(3) are added to read as follows:

§ 95.10–10 Fire hydrants and hose.

* * * * * * *

(i) Except as allowed in this

paragraph, each fire hose on each

hydrant must have a combination solid

stream and water spray fire hose nozzle

approved under Subpart 162.027 of this

chapter. Fire hose nozzles previously

approved under Subpart 162.027 of this

chapter may be retained so long as they

are maintained in good condition to the

satisfaction of the Officer in Charge,

Marine Inspection.

(j) In each propulsion machinery

space containing an oil fired boiler,

internal combustion machinery, or oil

fuel unit on a vessel on an international

voyage or of 1,000 gross tons or more,

each fire hose having a combination

nozzle previously approved under

Subpart 162.027 of this chapter must

have a low-velocity water spray

applicator that is also previously

approved under Subpart 162.027 of this

chapter. The length of the applicator

must be less than 1.8 m (6 feet).

(k) Fixed brackets, hooks, or other

means for stowing an applicator must be

next to each fire hydrant that has an

applicator under paragraph (j) of this

section.

* * * * *

(n) Fire hose and couplings shall be

as follows:

(1) Couplings shall be of brass,

bronze, or other equivalent metal.

National Standard fire hose coupling

threads shall be used for the 38 mm (11⁄2

inch) and 64 mm (21⁄2 inch) sizes.

(2) Where 19 mm (3⁄4 inch) hose is

permitted by Table 95.10–5(a), the hose

and couplings shall be of good

commercial grade.

(3) Each section of fire hose must be

lined commercial fire hose that

conforms to Underwriters’ Laboratories,

Inc. Standard 19 or Federal

Specification—H–451E. Hose that bears

the label of Underwriters’ Laboratories,

Inc. as lined fire hose is accepted as

conforming to this requirement.

* * * * *

80. In § 95.10–90, paragraph (a)(6) is

removed and paragraph (a)(5) is revised

to read as follows:

§ 95.10–90 Installations contracted for

prior to May 26, 1965.

(a) * * *

(5) Firehose nozzles and low velocity

spray applicators must meet the

requirements of 95.10–10(i), 95.10–10(j)

and 95.10–10(k).

81. Subpart 95.13 is revised to read as

follows:

Subpart 95.13—Steam Smothering

Systems

§ 95.13–1 Application.

Steam smothering systems are not

permitted on vessels contracted for on

or after January 1, 1962. Previously

approved installations may be retained

as long as they are maintained in good

condition to the satisfaction of the

Officer in Charge, Marine Inspection.

PART 96—VESSEL CONTROL AND

MISCELLANEOUS SYSTEMS AND

EQUIPMENT

82. The authority citation for Part 96

continues to read as follows:

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

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

1.46.

83. Section 96.27–1 is revised to read

as follows:

§ 96.27–1 When required.

All mechanically propelled vessels of

500 gross tons and over in ocean or

coastwise service and all mechanically

propelled vessels of 500 gross tons and

over in Great Lakes service and

certificated for service on the River St.

Lawrence eastward of the lower exit of

the St. Lambert Lock at Montreal,

Canada, shall be fitted with an efficient

electronic sounding apparatus.

PART 97—OPERATIONS

84. The authority citation for Part 97

is revised to read as follows:

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

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

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

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

Comp., p. 351; 49 CFR 1.46.
66006 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

Subpart 97.03—[Removed]

85. Subpart 97.03 is removed.

Subpart 97.17—[Removed]

86. Subpart 97.17 is removed.

87. In § 97.19–1, paragraphs (a), (b)

and (c) are removed, paragraphs (d), (e)

and (f) are redesignated as paragraphs

(a), (b) and (c), respectively, and the

new paragraph (a) is revised to read as

follows:

§ 97.19–1 Data required.

* * * * *

(a) The information on the

maneuvering characteristics fact sheet

required by 33 CFR 164.35(g) must be:

* * * * *

Subpart 97.23—[Removed]

88. Subpart 97.23 is removed.

89. Subpart 97.33 is revised to read as

follows:

Subpart 97.33—Communication

Between Deckhouses

§ 97.33–1 When required.

On all vessels navigating in other than

protected waters, where the distance

between deckhouses is more than 46 m

(150 ft) a fixed means of facilitating

communication between both ends of

the vessel, such as a raised fore and aft

bridge or side tunnels, shall be

provided. Previously approved

arrangements may be retained so long as

they are maintained in satisfactory

condition to the satisfaction of the

Officer in Charge, Marine Inspection.

90. Section 97.35–3 is revised to read

as follows:

§ 97.35–3 Logbooks and records.

(a) The master or person in charge of

a vessel that is required by 46 U.S.C.

11301 to have an official logbook shall

maintain the logbook on Form CG–706.

When a voyage is completed, or after a

specified period of time, the master or

person in charge shall file the logbook

with the Officer in Charge, Marine

Inspection.

(b) The master or person in charge of

a vessel that is not required by 46 U.S.C.

11301 to have an official logbook, shall

maintain, on board, an unofficial

logbook or record in any form desired

for the purposes of making entries

therein as required by law or regulations

in this subchapter. Such logs or records

are not filed with the Officer in Charge,

Marine Inspection, but shall be kept

available for review by a marine

inspector for a period of one year after

the date to which the records refer.

Separate records of tests and inspections

of firefighting equipment shall be

maintained with the vessel’s logs for the

period of validity of the vessel’s

certificate of inspection.

§ 97.35–10 [Removed]

91. Section 97.35–10 is removed.

§ 97.37–45 [Removed]

92. Section 97.37–45 is removed.

93. Subpart 97.43 is revised to read as

follows:

Subpart 97.43—Placard of Lifesaving

Signals

Sec.

97.43–1 Application.

97.43–5 Availability.

§ 97.43–1 Application.

The provisions of this subpart shall

apply to all vessels on an international

voyage, and all other vessels of 150

gross tons or over in ocean, coastwise or

Great Lakes service.

§ 97.43–5 Availability.

On all vessels to which this subpart

applies there shall be readily available

to the deck officer of the watch a

placard containing instructions for the

use of the lifesaving signals set forth in

Regulation 16, Chapter V, of the

International Convention for Safety of

Life at Sea, 1974. These signals shall be

used by vessels or persons in distress

when communicating with lifesaving

stations and maritime rescue units.

94. Section 97.47–1 is revised to read

as follows:

§ 97.47–1 All persons must comply.

All licensed masters, officers, and

certificated seamen on United States

vessels must comply strictly with

routing instructions issued by

competent naval authority.

Subpart 97.60—[Removed]

95. Subpart 97.60 is removed.

Subpart 97.70—[Removed]

96. Subpart 97.70 is removed.

Subpart 97.75—[Removed]

97. Subpart 97.75 is removed.

PART 108—DESIGN AND EQUIPMENT

98. The authority citation for Part 108

is revised to read as follows:

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

3306; 49 CFR 1.46.

§ 108.403 [Amended]

99. In § 108.403, the words ‘‘, water

spray,’’ are removed from paragraph (b).

100. In § 108.425, paragraph (c) and

the introductory text of paragraph (d)

are revised to read as follows:

§ 108.425 Fire hoses and associated

equipment.

* * * * *

(c) Each nozzle for a fire hose in a fire

main system must be a combination

solid stream and water spray fire hose

nozzle that is approved under Subpart

162.027. Combination solid stream and

water spray nozzles previously

approved under Subpart 162.027 of this

chapter may be retained so long as they

are maintained in good condition to the

satisfaction of the Officer in Charge,

Marine Inspection.

(d) A combination solid stream and

water spray fire hose nozzle previously

approved under Subpart 162.027 of this

chapter installed in the following

locations must have a low-velocity

spray applicator also previously

approved under Subpart 162.027 of this

chapter——

* * * * *

§ 108.613 [Removed]

101. Section 108.613 is removed.

PART 109—OPERATIONS

102. The authority citation for Part

109 is revised to read as follows:

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

6101, 10104; 49 CFR 1.46.

§ 109.583 [Removed]

103. Section 109.583 is removed.

PART 153—SHIPS CARRYING BULK

LIQUID, LIQUEFIED GAS, OR

COMPRESSED GAS HAZARDOUS

MATERIALS

104. The authority citation for Part

153 continues to read as follows:

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

Section 153.40 issued under 49 U.S.C. 1804.

Sections 153.470 through 153.491, 153.1100

through 153.1132, and 153.1600 through

153.1608 also issued under 33 U.S.C.

1903(b).

105. In § 153.9, paragraph (a)

introductory text is revised to read as

follows:

§ 153.9 Foreign flag vessel endorsement

application.

(a) Application for a vessel whose flag

administration is signatory to MARPOL

73/78 and issues IMO Certificates. A

person who desires a Certificate of

Compliance endorsed to carry a cargo in

Table 1 of this part, as described in

153.900, must request the endorsement

from the cognizant Officer in Charge,

Marine Inspection and have aboard the

vessel copies of IMO Certificates issued

by the vessel’s administration and the

following:

* * * * *
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 66007

§ 153.16 [Amended]

106. In § 153.16, the introductory text

is amended by replacing ‘‘Certificate of

Compliance endorsed with the name of

a cargo,’’ with ‘‘Certificate of

Compliance endorsed to carry a cargo.’’

§ 153.808 [Amended]

107. Section 153.808 is amended by

replacing ‘‘Certificate of Compliance

endorsed with the name of a cargo,’’

with ‘‘Certificate of Compliance

endorsed to carry a cargo’’.

108. Section 153.809 is revised to read

as follows:

§ 153.809 Procedures for having the Coast

Guard examine a vessel for a Certificate of

Compliance.

The owner of a foreign flag vessel

wishing to have the Coast Guard

conduct a Certificate of Compliance

examination, as required by § 153.808,

must proceed as follows:

(a) Notify the Officer in Charge,

Marine Inspection, for the port where

the vessel is to be inspected at least

seven days before the vessel arrives and

arrange the exact time and other details

of the examination. This notification is

in addition to any other pre-arrival

notice to the Coast Guard required by

other regulations, but may be concurrent

with the endorsement application in

153.9, and must include:

(1) The name of the vessel’s first U.S.

port of call;

(2) The date the vessel is scheduled to

arrive;

(3) The name and telephone number

of the owner’s local agent; and

(4) The names of all cargoes listed in

Table 1 of this part that are on board the

vessel.

(b) Make certain that the following

plans are on board the vessel and

available to the Marine Inspector before

the examination required by 153.808 is

begun:

(1) A general arrangement (including

the location of fire fighting, safety and

lifesaving gear);

(2) A capacity plan;

(3) A schematic diagram of cargo

piping on deck and in tanks (including

the location of all valves and pumps);

and

(4) A schematic diagram of cargo tank

vent piping (including the location of

relief valves and flame screens).

109. In § 153.902, paragraph (b) and

(c) are revised to read as follows:

§ 153.902 Expiration and invalidation of

the Certificate of Compliance.

* * * * *

(b) The endorsement of a Certificate of

Compliance under this part is invalid if

the ship does not have a valid IMO

Certificate of Fitness.

(c) The endorsement on a Certificate

of Compliance invalidated under

paragraph (b) of this section, becomes

valid once again when the ship has the

IMO Certificate of Fitness revalidated or

reissued.

PART 160—LIFESAVING EQUIPMENT

110. The authority citation for Part

160 continues to read as follows:

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

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

Comp., p. 277; 49 CFR 1.46.

Subpart 160.018—[Removed]

111. Subpart 160.018 is removed.

Subpart 160.034—[Removed]

112. Subpart 160.034 is removed.

PART 162—ENGINEERING

EQUIPMENT

113. The authority citation for Part

162 continues to read as follows:

Authority: 33 U.S.C. 1321(j), 1903; 46

U.S.C. 3306, 3703, 4104, 4302; E.O. 12234, 45

FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.

11735, 38 FR 21243, 3 CFR, 1971–1975

Comp., p. 793; 49 CFR 1.46.

114. Subpart 162.027 is revised to

read as follows:

Subpart 162.027—Combination Solid

Stream and Water Spray Fire Hose nozzle

Sec.

162.027–1 Incorporation by reference.

162.027–2 Design, construction, testing and

marking requirements.

167.027–3 Approval procedures.

§ 162.027–1 Incorporation by reference.

(a) Certain material is incorporated by

reference into this part with the

approval of the Director of the Federal

Register in accordance with 5 U.S.C.

552(a). To enforce any edition other

than that specified in paragraph (b) of

this section, the Coast Guard must

publish notice of change in the Federal

Register and make the material available

to the public. All approved material is

on file at the Office of the Federal

Register, 800 North Capitol Street, NW.,

Suite 700, Washington, DC, and at the

U.S. Coast Guard, Design and

Engineering Standards Division (G–

MMS), 2100 Second Street and is

available from the sources indicated in

paragraph (b) of this section.

(b) The material approved for

incorporation by reference in this part

and the sections affected are:

American Society for Testing and

Materials, 1916 Race Street,

Philadelphia, PA 19103

ASTM F 1546–94, Standard

Specification for Fire Hose nozzles,

1994—162.027–2, 162.027–3

§ 162.027–2 Design, construction, testing

and marking requirements.

Each combination solid stream and

water spray nozzle shall meet the

requirements of ASTM F 1546–94.

§ 162.027–3 Approval procedures.

(a) All inspections and tests required

by ASTM F 1546–94 shall be performed

by an independent laboratory accepted

by the Coast Guard under subpart

159.010 of this chapter. A list of

independent laboratories accepted by

the Coast Guard as meeting subpart

159.010 of this chapter may be obtained

by contacting the Commandant (G–

MMS).

(b) Upon completion of the testing

required by ASTM F 1546–94, the

independent laboratory shall prepare a

report on the results of the testing and

shall furnish the manufacturer with a

copy of the test report.

PART 164—MATERIALS

115. The authority citation for part

164 is revised to read as follows:

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

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

277; 49 CFR 1.46.

Subpart 164.016—[Removed]

116. Subpart 164.016 is removed.

PART 167—PUBLIC NAUTICAL

SCHOOL SHIPS

117. The authority citation for part

167 continues to read as follows:

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

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

277; 49 CFR 1.46.

§ 167.40–20 [Amended]

118. In § 167.40–20, the words ‘‘in

addition to the ordinary deep-sea hand

lead’’ are removed.

§ 167.40–35 [Removed]

119. Section 167.40–35 is removed.

120. In § 167.45–40, paragraphs (c–1)

and (c–2) are removed and paragraphs

(a), (b) and (c) are revised to read as

follows:

§ 167.45–40 Fire fighting equipment on

nautical schoolships using oil as fuel.

* * * * *

(a) In each boiler room and in each of

the machinery spaces of a nautical

school ship propelled by steam, in

which a part of the fuel-oil installation

is situated, two or more approved fire

extinguishers of the foam type of not

less than 9.5 L (21⁄2 gallons) each or two

or more approved fire extinguishers of

the carbon dioxide type of not less than

33 kg (15 pounds) each shall be placed

where accessible and ready for
66008 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

immediate use: Provided, That on a

nautical school ship of 1,000 gross tons

and under only one of the fire

extinguishers may be required.

(b) In boiler and machinery spaces, at

least two fire hydrants must have a fire

hose of a length that allows each part of

the boiler and machinery spaces to be

reached by the combination nozzle.

(c) Each fire hose under paragraph (b)

of this section must have a combination

solid stream and water spray nozzle that

meets subpart 162.027 of this chapter. A

combination nozzle and a low-velocity

spray applicator previously approved

under subpart 162.027 of this chapter

may remain so long as they are

maintained in good condition to the

satisfaction of the Officer in Charge,

Marine Inspection.

* * * * *

§ 167.45–55 [Removed]

121. Section 167.45–55 is removed.

Subpart 167.50—[Removed]

122. Subpart 167.50 is removed.

123. In § 167.55–5, paragraph (i) is

removed, paragraph (j) is redesignated

as paragraph (i) and the new paragraph

(i)(1) is revised to read as follows:

§ 167.55–5 Marking of fire and emergency

equipment, etc.

* * * * *

(i) * * *

(1) All lifeboats, rigid type oars and

paddles, life preservers, EPIRB and life

buoys shall be painted or branded with

the name of the nautical school ship.

* * * * *

§ 167.65–3 [Removed]

124. Section 167.65–3 is removed.

§ 167.65–10 [Removed]

125. Section 167.65–10 is removed.

126. Section 167.65–15 is revised to

read as follows:

§ 167.65–15 Routing instructions; strict

compliance with.

All licensed masters, officers, and

certificated seamen on nautical school

ships must comply strictly with routing

instructions issued by competent naval

authority.

§ 167.65–30 [Removed]

137. Section 167.65–30 is removed.

§ 167.65–45 [Amended]

128. In § 167.65–45, paragraphs (a),

(b), and (c) are removed and the

paragraph designation ‘‘(d)’’ is removed

from paragraph (d).

129. Section 167.65–50 is revised to

read as follows:

§ 167.65–50 Posting placards of lifesaving

signals.

On all vessels to which this subpart

applies there shall be readily available

to the deck officer of the watch placard

containing instructions for the use of the

lifesaving signals set for in Regulation

16, Chapter V, of the International

Convention for Safety of Life at Sea,

1974. These signals shall be used by

vessels or persons in distress when

communicating with lifesaving stations

and maritime rescue units.

PART 168—CIVILIAN NAUTICAL

SCHOOL VESSELS

130. The authority citation for Part

168 is revised to read as follows:

Authority: 46 U.S.C. 3305, 3306; 48 CFR

1.46.

131. Subpart 168.15 is revised to read

as follows:

Subpart 168.15—Accommodations

Sec.

168.15–1 Intent.

168.15–5 Locations.

168.15–10 Construction.

168.15–15 Size.

168.15–20 Equipment.

168.15–25 Washrooms.

168.15–30 Toilet rooms.

168.15–35 Hospital space.

168.15–40 Lighting.

168.15–45 Heating.

168.15–50 Ventilation.

168.15–55 Screening.

168.15–60 Inspection.

§ 168.15–1 Intent.

It is the intent of this subpart to

provide minimum standards for the

size, ventilation, plumbing, and

sanitation of quarters assigned to the

members of the crew, passengers,

cadets, students, instructors, or any

other persons at any time quartered on

board any such vessel.

§ 168.15–5 Location.

(a) Quarters shall be located so that

sufficient fresh air and light are

obtainable compatible with accepted

practice or good arrangement and

construction.

(b) Quarters shall not be located

forward of the collision bulkhead, nor

shall such section or sections of any

deck occupied by quarters be below the

deepest load line except in special case.

§ 168.15–10 Construction.

(a) The accommodations provided

must be securely constructed, properly

lighted, heated, drained, ventilated,

equipped, located, arranged, and

insulated from undue noise, heat and

odors.

(b) All accommodations shall be

constructed and arranged so that they

can be kept in a clean, workable, and

sanitary condition.

§ 168.15–15 Size.

(a) Sleeping accommodations shall be

divided into rooms, no one of which

shall berth more than 6 persons. The

purpose for which each space is to be

used and the number of persons it may

accommodate, shall be marked.

(b) Each room shall be of such size

that there is at least 1.8 m2 (20 ft 3) of

deck area and a volume of at least 4.2

m3 (150 ft 2) for each person

accommodated. In measuring sleeping

quarters, any furnishings contained

therein are not to be deducted from the

total volume or from the deck area.

§ 168.15–20 Equipment.

(a) Each person shall have a separate

berth and not more than 1 berth shall be

placed above another. The berths shall

be of metal framework. The overall size

of a berth shall not be less than 68 cm

(27 in) wide by 190 cm (75 in) long.

Where 2 tiers of berths are fitted, the

bottom of the lower berth must not be

less than 30 cm (12 in) above the deck,

and the bottom of the upper must not be

less than 76 cm (30 in) both from the

bottom of the lower and from the deck

overhead. The berths shall not be

obstructed by pipes, ventilating ducts,

or other installations.

(b) A metal locker shall be provided

for each person accommodated in a

room.

§ 168.15–25 Washrooms.

(a) There shall be provided 1 shower

for each 10 persons or fraction thereof

and 1 wash basin for each 6 persons or

fraction thereof to be accommodated.

The persons to be accommodated shall

include all persons who do not occupy

rooms to which private facilities are

attached.

(b) All wash basins and showers shall

be equipped with proper plumbing

including hot and cold running fresh

water.

§ 168.15–30 Toilet rooms.

(a) There shall be provided 1 toilet for

each 10 persons or fraction thereof to be

accommodated. The persons to be

accommodated shall include all persons

who do not occupy rooms to which

private facilities are attached.

(b) The toilet rooms shall be located

convenient to the sleeping quarters of

the persons to which they are allotted

but shall not open directly into such

quarters except when they are provided

as private or semiprivate facilities.

(c) Where more than one toilet is

located in a space or compartment, each

toilet shall be separated by partitions.
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 66009

§ 168.15–35 Hospital space.

(a) Each vessel shall be provided with

a hospital space. This space shall be

situated with due regard for the comfort

of the sick so that they may receive

proper attention in all weather.

(b) The hospital shall be suitably

separated from other spaces and shall be

used for the care of the sick and for no

other purpose.

(c) The hospital shall be fitted with

berths in the ratio of 1 berth to every

twelve persons, but the number of

berths need not exceed 6.

(d) The hospital shall have a toilet,

wash basin, and bath tub or shower

conveniently located. Other necessary

suitable equipment of a sanitary type

such as clothes locker, table, seat, etc.,

shall be provided.

§ 168.15–40 Lighting.

All quarters, to include washrooms,

toilet rooms, and hospital spaces, shall

be adequately lighted.

§ 168.15–45 Heating.

All quarters shall be adequately

heated in a manner suitable to the

purpose of the space.

§ 168.15–50 Ventilation.

(a) All quarters shall be adequately

ventilated in a manner suitable to the

purpose of the space and route of the

vessel.

(b) When mechanical ventilation is

provided for sleeping rooms,

washrooms, toilet rooms, hospital

spaces and messrooms, these spaces

shall be supplied with fresh air equal to

at least 10 times the volume of the room

each hour.

§ 168.15–55 Screening.

Provision shall be made to protect the

quarters against the admission of

insects.

§ 168.15–60 Inspection.

The Officer in Charge, Marine

Inspection, shall inspect the quarters of

every such vessel at least once in each

month or at such time as the vessel shall

enter an American port and shall satisfy

himself that such vessel is in

compliance with the regulations in this

part.

PART 169—SAILING SCHOOL

VESSELS

132. The authority citation for Part

169 is revised to read as follows:

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

3306, 6101; E.O. 11735, 38 FR 21243, 3 CFR,

1971–1975 Comp., p. 793; 49 CFR 1.45, 1.46;

§ 169.117 also issued under the authority of

44 U.S.C. 3507.

§ 169.321 [Removed]

133. Section 169.321 is removed.

§ 169.569 [Removed]

134. Section 169.569 is removed.

§ 169.742 [Removed]

135. Section 169.742 is removed.

PART 189—INSPECTION AND

CERTIFICATION

PART 190—CONSTRUCTION AND

ARRANGEMENT

136–138. The authority citation for

Part 190 continues to read as follows:

Authority: 46 U.S.C. 2113, 3306; E.O.

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

277; 49 CFR 1.46.

§ 190.01–13 [Removed]

139. Section 190.01–13 is removed.

140. Subpart 190.20 is revised to read

as follows:

Subpart 190.20—Accommodations for

Officers, Crew, and Scientific Personnel

Sec.

190.20–1 Application.

190.20–5 Intent.

190.20–10 Location of crew spaces.

190.20–15 Construction.

190.20–20 Sleeping accommodations.

190.20–25 Washrooms and toilet rooms.

190.20–30 Messrooms.

190.20–35 Hospital space.

190.20–40 Other spaces.

190.20–45 Lighting.

190.20–50 Heating.

190.20–55 Insect screens.

190.20–90 Vessels contracted for prior to

March 1, 1968.

§ 190.20–1 Application.

(a) The provisions of this subpart,

with the exception of § 190.20–90, shall

apply to all vessels contracted for on or

after March 1, 1968.

(b) Vessels contracted for prior to

March 1, 1968, shall meet the

requirements of § 190.20–90.

§ 190.20–5 Intent.

(a) It is the intent of this subpart that

the accommodations provided for

officers, crew, and scientific personnel

on all vessels shall be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

arranged, and, where practicable, shall

be insulated from undue noise and free

from odors.

(b) Provided the intent of this subpart

is met, consideration may be given by

the Officer in Charge, Marine Inspection

to relax the requirements relating to the

size and separation of accommodations

for scientific personnel.

§ 190.20–10 Location of crew spaces.

(a) Crew quarters shall not be located

farther forward in the vessel than a

vertical plane located at 5 percent of the

vessel’s length abaft the forward side of

the stem at the designated summer load

water line. However, for vessels in other

than ocean or coastwise service, this

distance need not exceed 8.5 m (28 ft).

For purpose of this paragraph the length

shall be as defined in § 43.15–1 of

Subchapter E (Load Lines) of this

chapter. No section of the deck of the

crew spaces shall be below the deepest

load line, except that in special cases,

the Commandant may approve such an

arrangement.

(b) There shall be no direct

communication, except through solid,

close fitted doors or hatches between

crew spaces and chain lockers, or

machinery spaces.

§ 190.20–15 Construction.

All crew spaces are to be constructed

in a manner suitable to the purpose for

which they are intended. The

accommodations provided for officers

and crew on all vessels shall be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

arranged, and, where practicable, shall

be insulated from undue noise, heat and

odors.

§ 190.20–20 Sleeping accommodations.

(a) Where practicable, each licensed

officer shall be provided with a separate

stateroom.

(b) Sleeping accommodations for the

crew shall be divided into rooms, no

one of which shall berth more than four

persons.

(c) Each room shall be of such size

that there are at least 2.78 m2 (30 ft3) of

deck area and a volume of at least 5.8

m3 (210 ft2) for each person

accommodated. The clear head room

shall be not less than 190 cm (75 in). In

measuring sleeping accommodations

any furnishings contained therein for

the use of the occupants are not to be

deducted from the total volume or from

the deck area.

(d) Each person shall have a separate

berth and not more than one berth shall

be placed above another. The berth shall

be composed of materials not likely to

corrode. The overall size of a berth shall

not be less than 68 cm (27 in) wide by

190 cm (75 in) long, except by special

permission of the Commandant. Where

two tiers of berths are fitted, the bottom

of the lower berth must not be less than

30 cm (12 in) above the deck. The berths

shall not be obstructed by pipes,

ventilating ducts, or other installations.

(e) A locker shall be provided for each

person accommodated in a room.

§ 190.20–25 Washrooms and toilet rooms.

(a) There shall be provided at least

one toilet, one washbasin, and one
66010 Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules

shower or bathtub for each eight

members or portion thereof in the crew

to be accommodated. The crew to be

accommodated shall include all

members who do not occupy rooms to

which private or semi-private facilities

are attached.

(b) The toilet rooms and washrooms

shall be located convenient to the

sleeping quarters of the crew to which

they are allotted but shall not open

directly into such quarters except when

they are provided as private or semiprivate facilities.

(c) All washbasins, showers, and

bathtubs shall be equipped with proper

plumbing, including hot and cold

running water. All toilets shall be

installed with proper plumbing for

flushing. Where more than one toilet is

located in a space or compartment, each

toilet shall be separated by partitions.

§ 190.20–30 Messrooms.

Messrooms shall be located as near to

the galley as is practicable except where

the messroom is equipped with a steam

table. The messroom shall be of such

size as to seat the number of persons

normally scheduled to be eating at one

time.

§ 190.20–35 Hospital space.

(a) Except as specifically modified by

paragraph (f) of this section, each vessel

which in the ordinary course of its trade

makes voyages of more than 3 days

duration between ports and which

carries a crew of twelve or more, shall

be provided with a hospital space. This

space shall be situated with due regard

to the comfort of the sick so that they

may receive proper attention in all

weathers.

(b) The hospital shall be suitably

separated from other spaces and shall be

used for the care of the sick and for no

other purpose.

(c) The hospital shall be fitted with

berths in the ratio of one berth to every

twelve members of the crew or portion

thereof who are not berthed in single

occupancy rooms, but the number of

berths need not exceed six. Where all

single occupancy rooms are provided,

the requirement for a separate hospital

may be withdrawn: Provided, That one

stateroom is fitted with a bunk

accessible from both sides.

(e) The hospital shall have a toilet,

washbasin, and bath tub or shower

conveniently situated. Other necessary

suitable equipment of such character as

clothes locker, table, seat, etc., shall be

provided.

(f) On vessels in which the crew is

berthed in single occupancy rooms a

hospital space will not be required,

Provided, That one room shall be

designated and fitted for use as a

treatment and isolation room. Such

room shall meet the following

standards:

(1) The room must be available for

immediate medical use; and

(2) A washbasin with hot and cold

running water must be installed either

in or immediately adjacent to the space

and other required sanitary facilities

must be conveniently located.

§ 190.20–40 Other spaces.

(a) Sufficient facilities shall be

provided where the crew may wash and

dry their own clothes. There shall be at

least one sink supplied with hot and

cold fresh water.

(b) Recreation accommodations shall

be provided.

§ 190.20–45 Lighting.

Berth lights shall be provided for each

member of the crew.

§ 190.20–50 Heating.

(a) All crew spaces shall be

adequately heated in a manner suitable

to the purpose of the space.

(b) Radiators and other heating

apparatus shall be so placed, and where

necessary shielded, as to avoid risk of

fire, danger or discomfort to the

occupants. Pipes leading to radiators or

heating apparatus shall be lagged where

those pipes create a hazard to persons

occupying the space.

§ 190.20–55 Insect screens.

Provisions shall be made to protect

the crew quarters against the admission

of insects.

§ 190.20–90 Vessels contracted for prior to

March 1, 1968.

Existing structures, arrangements,

materials, and facilities previously

approved will be considered satisfactory

so long as they are maintained in good

condition to the satisfaction of the

Officer in Charge, Marine Inspection.

Minor repairs and alterations may be

made to the same standards as the

original construction: Provided, That in

no case will a greater departure from the

standards of § 190.20–5 through

190.20–55 be permitted than presently

exists.

PART 193—FIRE PROTECTION

EQUIPMENT

141. The authority citation for Part

193 continues to read as follows:

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

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

277; 49 CFR 1.46.

§ 193.05–20 [Removed]

142. Section 193.05–20 is removed.

143. In § 193.10–10, paragraphs (j)

and (k) are redesignated paragraphs (l)

and (m), respectively, paragraphs (i-1)

and (i-2) are removed, paragraphs (d)

and (i) are revised and new paragraphs

(j) and (k) are added to read as follows:

§ 193.10–10 Fire hydrants and hose.

* * * * *

(d) Fire hydrants shall be of sufficient

number and so located that any part of

the vessel, other than main machinery

spaces, may be reached with at least 2

streams of water from separate outlets,

at least one of which shall be from a

single length of hose. In main

machinery spaces, all portions of such

spaces shall be capable of being reached

by at least 2 streams of water, each of

which shall be from a single length of

hose from separate outlets; however,

this requirement need not apply to shaft

alleys containing no assigned space for

the stowage of combustibles. Fire

hydrants shall be numbered as required

by § 196.37–15 of this subchapter.

* * * * *

(i) Each fire hydrant shall have at least

one length of fire hose. Each fire hose

must have a combination solid stream

and water spray nozzle that is approved

under Subpart 162.027 of this

subchapter, except 19 mm (3⁄4 inch)

hose may have a garden hose nozzle that

is bronze or metal with strength and

corrosion resistance equivalent to

bronze. Combination solid stream and

water spray nozzles previously

approved under Subpart 162.027 of this

chapter may be retained so long as they

are maintained in good condition to the

satisfaction of the Officer in Charge,

Marine Inspection.

(j) Each of the following must have a

low-velocity water spray applicator

previously approved under Subpart

162.027 of this chapter when the fire

hose nozzle was also previously

approved under Subpart 162.027 of this

chapter.

(1) At least one length of fire hose on

each fire hydrant outside and in the

immediate vicinity of each laboratory.

(2) Each fire hose in each propulsion

machinery space containing an oil-fired

boiler, internal combustion machinery,

or oil fuel unit on a vessel of 1000 gross

tons or more. The length of each

applicator must be 1.2 m (4 feet).

(k) Fixed brackets, hooks, or other

means for stowing an applicator must be

next to each fire hydrant that has an

applicator under paragraph (j) of this

section.

* * * * *

144. Section 193.10–90 is revised to

read as follows:
Federal Register / Vol. 60, No. 244, Wednesday, December 20, 1995 / Proposed Rules 66011

§ 193.10–90 Installations contracted for

prior to March 1, 1968.

Installations contracted for prior to

March 1, 1968, shall meet the following

requirements:

(a) Except as specifically modified by

this paragraph, the requirements of

§§ 193.10–5 through 193.10–15 shall be

complied with insofar as the number

and general type of equipment is

concerned.

(b) Existing equipment, except fire

hose nozzles and low-velocity water

spray applicators, previously approved

but not meeting the applicable

requirements of §§ 193.10–5 through

193.10–15, may be continued in service

so long as they are maintained in good

condition to the satisfaction of the

Officer in Charge, Marine Inspection.

Minor repairs, alterations, and

replacements may be permitted to the

same standards as the original

installations. However, all new

installations or major replacements shall

meet the applicable requirements in this

subpart for new installations.

(c) The general requirements of

§ 193.10–5 (c) through (g), § 193.10–10

(d) through (m), and § 193.10–15 shall

be complied with insofar as is

reasonable and practicable.

(d) Each fire hose nozzle must meet

§ 193.10–10(i), and each low-velocity

water spray applicator must meet

§ 193.10–10(j).

PART 196—OPERATIONS

145. The authority citation for Part

196 is revised to read as follows:

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

2113, 3306, 6101; E.O. 11735; 38 FR 21243,

3 CFR, 1971–1975 Comp., p. 793; E.O. 12234,

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

CFR 1.46.

Subpart 196.03—[Removed]

146. Subpart 196.03 is removed.

Subpart 196.17—[Removed]

147. Subpart 196.17 is removed.

Subpart 196.18—[Removed]

148. Subpart 196.18 is removed.

149. In § 196.19–1, paragraphs (a), (b)

and (c) are removed, paragraphs (d), (e)

and (f) are redesignated as paragraphs

(a), (b) and (c), respectively, and the

new paragraph (a) is revised to read as

follows:

§ 196.19–1 Data required.

* * * * *

(a) The information on the

maneuvering characteristics fact sheet

required by 33 CFR 164.35(g) must be:

* * * * *

150. Subpart 196.23 is removed.

§ 196.27–10 [Removed]

151. Section 196.27–10 is removed.

152. Subpart 196.33 is revised to read

as follows:

Subpart 196.33—Communication

Between Deckhouses

§ 196.33–1 When required.

On all vessels navigating in other than

protected waters, where the distance

between deckhouses is more that 46 m

(150 ft) a fixed means of facilitating

communication between both ends of

the vessel, such as a raised fore and aft

bridge or side tunnels, shall be

provided. Previously approved

arrangements may be retained so long as

they are maintained in satisfactory

condition to the satisfaction of the

Officer in Charge, Marine Inspection.

153. Section 196.35–3 is revised to

read as follows:

§ 196.35–3 Logbooks and records.

(a) The master or person in charge of

an oceanographic research vessel that is

required by 46 U.S.C. 11301 to have an

official logbook may maintain the

logbook on Form CG–706 or in the

owner’s format for an official logbook.

Such logs shall be kept available for a

review for a period of one year after the

date to which the records refer or for the

period of validity of the vessel’s current

certificate of inspection, whichever is

longer. When the voyage is completed,

the master or person in charge shall file

the logbook with the Officer in Charge,

Marine Inspection.

(b) The master or person in charge of

a vessel that is not required by 46 U.S.C.

11301 to have an official logbook, shall

maintain, on board, an unofficial

logbook or record in any form desired

for the purposes of making entries

therein as required by law or regulations

in this subchapter. Such logs or records

are not filed with the Officer in Charge,

Marine Inspection, but shall be kept

available for review by a marine

inspector for a period of one year after

the date to which the records refer.

Separate records of tests and inspections

of firefighting equipment shall be

maintained with the vessel’s logs for the

period of validity of the vessel’s

certificate of inspection.

§ 196.35–10 [Removed]

154. Section 196.35–10 is removed.

§ 196.37–45 [Removed]

155. Section 196.37–45 is removed.

156. Subpart 196.43 is revised to read

as follows:

Subpart 196.43—Placard of Lifesaving

Signals

Sec.

196.43–1 Application.

196.43–3 Availability.

§ 196.43–1 Application.

The provisions of this subpart shall

apply to all vessels on an international

voyage, and all other vessels of 150

gross tons or over in ocean, coastwise or

Great Lakes service.

§ 196.43–5 Availability.

On all vessels to which this subpart

applies there shall be readily available

to the deck officer of the watch a

placard containing instructions for the

use of the lifesaving signals set forth in

Regulation 16, Chapter V, of the

International Convention for Safety of

Life as Sea, 1974. These signals shall be

used by vessels or persons in distress

when communicating with lifesaving

stations and maritime rescue units.

Subpart 196.60—[Removed]

157. Subpart 196.60 is removed.

Subpart 196.75—[Removed]

158. Subpart 196.75 is removed.

Dated: December 8, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Marine Safety, Security and Environmental

Protection.

[FR Doc. 95–30402 Filed 12–19–95; 8:45 am]

BILLING CODE 4910–14–M