25984 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 15, 26, 31, 32, 34, 35, 38,

54, 56, 58, 61, 72, 76, 77, 78, 92, 95, 96,

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

168, 169, 189, 190, 193 and 196

[CGD 95–027]

RIN 2115–AF09

Adoption of Industry Standards

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: Pursuant to the ongoing

Presidential Regulatory Reform

Initiative, the Coast Guard is modifying

its regulations for both inspected and

uninspected commercial vessels by

removing or revising obsolete and

unnecessary provisions and

incorporating industry standards and

practices.

The Coast Guard expects these

amendments to 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: This final rule is effective on

June 24, 1996. The Director of the

Federal Register approves as of June 24,

1996, the incorporation by reference of

certain materials listed in this rule.

ADDRESSES: Unless otherwise indicated,

documents referred to in this

rulemaking are available for inspection

or copying at the office of the Executive

Secretary, Marine Safety Council (G–

LRA/3406), U.S. Coast Guard

Headquarters, 2100 Second Street SW.,

Room 3406, Washington, DC 20593–

0001 between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (202)

267–1477.

A copy of the material listed in

‘‘Incorporation by Reference’’ of this

rulemaking is available for inspection at

Room 1300, U.S. Coast Guard

Headquarters.

FOR FURTHER INFORMATION CONTACT:

LCDR R. K. Butturini, Project Manager;

LTJG J.M. Twomey, Project Engineer;

Ms. Shereen Bell, Project Assistant—

telephone (202) 267–2206.

SUPPLEMENTARY INFORMATION:

Regulatory History

On December 20, 1995, The Coast

Guard published a notice of proposed

rulemaking (NPRM) entitled ‘‘Adoption

of Industry Standards’’ in the Federal

Register (60 FR 65988). The Coast Guard

received seven written comments on the

proposal. A public meeting was held at

Coast Guard Headquarters on February

9, 1996, to discuss the NPRM.

Background and Purpose

This final rule 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

recognized 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 that 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 under the general

rulemaking authority it holds pursuant

to 14 U.S.C. 2, 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

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 final rule

removes or amends obsolete or

unnecessary regulations of a more

significant nature and incorporates

industry consensus standards and

practices.

In compiling the list of CFR sections

affected by this final rule, the Coast

Guard did not consider parts of title 46

of the Code of Federal Regulations (46

CFR) that are under review as part of

other, ongoing regulatory projects.

In this final rule, 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 Comments and Changes

In response to the notice of proposed

rulemaking, seven comment letters were

received. Additionally, a public meeting

was held on February 9, 1996, to discuss

the NPRM. Numerous comments were

received regarding the proposed

amendments at the public hearing.

Part 15—Authority Citation

The Coast Guard notes that the

authority citation for part 15 is

outdated. Updating the authority

citation for part 15 is merely an editorial

change and does not affect the proposals

of the NPRM. Therefore, the final rule

adopts revisions to the authority citation

in part 15.
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25985

Subparts 32.40, 72.40, 92.20, 167.50,

168.15, and 190.20—Accommodations

One written comment and a

participant at the public meeting noted

that the language used in the NPRM to

revise the accommodations regulations

differed among the various subchapters

and suggested that the revised text be

made consistent among the subchapters

for ease in comparing requirements. The

proposed changes to the

accommodations regulations in the

NPRM were written to be consistent

with the style and tone of the individual

subchapters. For example, subchapter D

on tank vessels is older than

subchapters H, Passenger Vessels; I,

Cargo and Miscellaneous Vessels; and

U, Oceanographic Research Vessels,

and, therefore, reads differently. The

proposed changes were written to read

like the remaining text in subchapter D

while containing the same information

and requirements as the other

subchapters. However, the Coast Guard

agrees that comparing requirements

among subchapters is easier when the

text is identical.

Revising the regulatory text for

accommodations to be identical among

the subchapters is merely an editorial

change and is not a substantive change

to the NPRM. Therefore, except for text

concerning existing vessels particular to

each subchapter, the final rule revises

the original proposals in the NPRM by

making the regulations for

accommodations in each subchapter

identical.

Two written comments and two

participants at the public meeting

objected to the proposed changes to the

provisions for crew comfort and

suggested provisions for crew comfort

be retained in the regulations as

currently written because the

International Labour Office Merchant

Shipping (Minimum Standards)

Convention, 1976 (No. 147) (ILO 147)

only provides for minimum

requirements in this area. For example,

ILO 147 requires that accommodations

be ‘‘adequately heated’’, while current

Coast Guard regulations specify that

accommodation areas be maintained at

68°F or 70°F, depending on the

subchapter. The commenters noted that

as ‘‘adequately’’ is a relative term, vessel

owners and operators could meet the

technical requirements of ILO 147 and

the proposed changes without actually

providing adequate accommodations.

The proposed regulations were

drafted with the intent of achieving a

balance among the need to remove

unnecessary or excessive regulations,

the necessity of retaining the mandated

provisions of ILO 147 and 46 U.S.C.

11101 (the statute which describes

minimum requirements for

accommodations), and the Coast

Guard’s desire to promote more

autonomy for the marine industry. As a

result, some of the provisions for crew

comfort in the existing regulations were

removed or revised in the NPRM.

The Coast Guard recognizes that some

aspects of crew comfort are directly

related to safety issues. One such

example, pointed out in the comments,

regards adequate heating and cooling of

crew accommodations. The Coast Guard

agrees that heating and cooling

accommodations to provide a

comfortable living area environment

may directly affect crewmembers’

ability to obtain sufficient rest.

However, the Coast Guard notes that not

all of the provisions for crew comfort in

current regulations which were

proposed for removal or revision

directly affect safety. For instance, other

examples of provisions for crew

accommodations removed or revised in

the NPRM and protested by the

commenters concern bunk dimensions,

separation of accommodations between

watches or departments, and acceptable

methods of preventing the admission of

insects. The Coast Guard does not

consider the minor revisions in these

areas to be significant to shipboard

safety.

Therefore, this final rule is retaining

the specification that the heating and

cooling system of a vessel be able to

maintain the temperature of

accommodations at 70°F, but adopts the

rest of the proposals relating to

accommodations in the NPRM.

Subparts 78.20, 97.17, and 196.17 and

§§ 32.05–5 and 167.65–30—Rudder

Orders

Two written comments and two

participants at the public meeting

objected to the proposed deletion of the

requirement that ‘‘Right rudder’’ and

‘‘Left rudder’’ be used for rudder

commands on U.S. inspected vessels,

arguing that this command convention

is necessary for safe navigation because

the common practice of using ‘‘Port’’

and ‘‘Starboard’’ on foreign vessels

sometimes causes confusion with pilots.

The Coast Guard disagrees with the

underlying assumption of the comments

that retaining the current command

convention of ‘‘Right rudder’’ and ‘‘Left

rudder’’ on U.S. ships will alleviate

confusion due to the use of a different

command convention on foreign ships.

It is a well-established principle of

maritime safety that the helmsman and

deck officer or pilot have a shared

responsibility to ensure that rudder

orders are understood and properly

executed, and that problems affecting

the execution of steering orders are

reported immediately. A helmsman who

does not understand a rudder command

is duty bound to advise the deck officer

or pilot that the command is not clear

and cannot be executed. As good

communication among bridge personnel

is crucial to safe navigation, potential

terminology problems between the

helmsman and deck officer or pilot must

be resolved before maneuvering begins.

That is, the person directing the

movement of the vessel must inform the

helmsman of the commands to be used

to order rudder changes. Although the

helmsman is generally not expected to

question the deck officer’s or pilot’s

choice of convention, the relationship

between the helmsman and the deck

officer or pilot should allow for

agreement on a command convention

that minimizes the potential for

confusion. When bridge personnel

interact effectively, no rudder command

convention is necessary.

One commenter also noted that the

Coast Guard’s commitment to focusing

on human factors in maritime safety

should dictate that a standard

convention for rudder commands is

retained in the regulations. The Coast

Guard disagrees with this conclusion.

Standardizing rudder commands, as in

current regulations, ignores the human

factors involved in vessel maneuvering

by relying on every helmsman, deck

officer, and pilot to assume that all

mariners will use the same convention.

Personal preference, training,

experience, and regional customs in the

choice of rudder commands are thus not

recognized and the important working

relationship between the person

directing the movement of the vessel

and the helmsman is trivialized when a

convention is specified in the

regulations.

Therefore, the final rule adopts the

proposal to remove the specification of

‘‘Right rudder’’ and ‘‘Left rudder’’ for

rudder commands.

§ 35.20–30—Blinding Lights

Two participants at the public

meeting suggested retaining the section

prohibiting shining lights into other

vessels’ bridges. The coast Guard notes

that the suggestion stems from a

misunderstanding of the intent in the

proposed rules. In the NPRM, Coast

Guard regulations that contain phrases

describing the liability of the crew, for

not complying with the underlying

requirements of the regulations, were

grouped into a single category for

revision. Section 35.20–30, which

prohibits the shining of lights into

another vessel’s bridge, was included in
25986 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

this category because it states that a

person who flashes blinding lights, or

allows blinding lights to be flashed, into

another vessel’s bridge is liable under

suspension and revocation proceedings.

The Coast Guard notes that the

proposed revision did not remove the

actual prohibition against blinding

lights, but removed the phrase imposing

liability on officers and crew. The Coast

Guard considers this reference to

liability to be inconsistent with the

President’s desire to focus on process

rather than punishment and with the

Coast Guard’s commitment to forging

greater government/industry

partnerships. Additionally, the liability

of officers and crew for failure to

comply with the provisions of 46 CFR

is contained in 46 CFR, part 5 and need

not be repeated.

Therefore, the final rule adopts the

proposal to remove references to

liability regarding the shining of

blinding lights into another vessel’s

bridge.

§§ 35.20–40, 78.21–1, 97.19–1 and

196.19–1—Posting Maneuvering

Information

One written comment suggested that

the Coast Guard retain the requirement

to post maneuvering information

contained in 46 CFR instead of

removing the requirement and inserting

a reference to a similar section in title

33 of the Code of Federal Regulations

(33 CFR), as proposed. The comment

noted that the proposed revisions would

make the affected sections, which also

discuss validation of maneuvering

information, harder to use. The Coast

Guard agrees with the comment. The

sections addressing posted maneuvering

information in 46 CFR were originally

identified for revision because 33 CFR

contains similar requirements. However,

the Coast Guard agrees that the

proposed revisions would be

counterproductive.

Therefore, the final rule does not

adopt the proposal to remove the

requirement for posted maneuvering

information.

§§ 61.05–5 and 61.30–5—Preparing

Machinery for Inspections

One written comment and two

participants at the public meeting

objected to the removal of the regulation

requiring the chief engineer to prepare

machinery for inspection, arguing that

the chief engineer is ultimately

responsible for the machinery and,

therefore, only the chief engineer should

prepare machinery for inspection. The

Coast Guard disagrees with these

comments. The proposed revision does

not undermine the important role of the

chief engineer in vessel operations and

Coast Guard inspections, nor does the

proposal affect the chief engineer’s

responsibilities for vessel machinery.

The proposed revision merely

recognizes that specifying the chief

engineer prepare machinery for

inspection is not necessary.

With increased reliance on reduced

manning, many companies use shoremaintenance personnel for tasks

traditionally performed by the vessel’s

crew. Specifying that the chief engineer

prepare machinery for inspection may

undermine the owner’s prerogatives in a

way that is not intended by the

regulations. Additionally, under the

current regulations, the chief engineer’s

responsibility is not to personally

prepare machinery for inspection but to

ensure that the task is performed

competently. The intent of the

regulations would be met if another,

qualified member of the crew was

assigned to prepare machinery for

inspection under the chief engineer’s

direction. Also, the failure to prepare

machinery for inspection has little

actual consequence except to delay the

inspection.

Therefore, the final rule adopts the

proposal to remove the requirement for

the chief engineer to prepare machinery

for inspection.

§ 56.30—Gasketed Mechanical

Couplings

One written comment and one

participant at the public meeting

suggested that, in addition to

incorporating the American Society for

Testing and Materials (ASTM) standard

F 1476–93 (Performance of Gasketed

Mechanical Couplings for Use in Piping

Applications) the Coast Guard also

incorporate ASTM F 1548–94

(Performance of Fittings for Use with

Gasketed Mechanical Couplings Used in

Piping Applications). This suggestion

was made because ASTM F 1548–94

was developed specifically to

supplement ASTM F 1476–93 and only

applies to gasketed mechanical

couplings manufactured in accordance

with ASTM F 1476–93. The Coast Guard

agrees with the recommendation

especially in light of the fact that,

though ASTM F 1548–94 is a

companion standard to ASTM F 1476–

93, it is not referenced in ASTM F

1476–93 because it was developed a

year later. Incorporating ASTM F 1548–

94 is a logical consequence of

incorporating ASTM F 1476–93.

Therefore, the final rule adopts

incorporation of ASTM F 1548–94 in

addition to incorporating ASTM F

1476–93.

Another comment suggested the Coast

Guard also incorporate the American

Waterworks Association (AWWA)

standard C–606 (Grooved and

Shouldered Type Joints) into the same

regulations for gasketed mechanical

couplings mentioned previously

because AWWA C–606 is referenced in

ASTM F 1476–93. The Coast Guard

disagrees with this recommendation.

Industry consensus standards typically

reference one another. However, when

the regulatory language and an industry

standard being incorporated into the

regulations provide sufficient guidance

to the class affected by the regulations,

incorporation of secondary referenced

standards is not necessary.

Compliance with the provisions of

AWWA C–606 is mandatory under

ASTM F 1476–93. Therefore,

incorporating AWWA C–606 by

reference, in addition to ASTM F 1476–

93, is not necessary because ASTM F

1476–93 provides sufficient guidance

and the regulatory language ensures

enforceability.

Therefore, the final rule does not

adopt the incorporation of AWWA C–

606 by reference.

§ 56.30–40—Mechanically Attached

Fittings

One written comment and one

participant at the public meeting

suggested that ASTM standard F 1387–

93 (Performance of Mechanically

Attached Fittings) be incorporated into

§ 56.30–25, Flared, flareless, and

compression joints, instead of into

§ 56.30–40, Flexible pipe couplings of

the compression or slip-on type, as

originally proposed, because § 56.30–40

is a confusing section containing

requirements that should apply to

gasketed mechanical couplings instead

of mechanically attached fittings. The

Coast Guard agrees with the

recommendation. The current

regulations for mechanically attached

fittings in § 56.30–40 have shown to be

confusing because they do not

adequately distinguish the differences

between gasketed mechanical couplings

and mechanically attached fittings.

Gasketed mechanical couplings and

mechanically attached fittings both

employ a compressive force to seal the

pipe joint. However, the mechanism to

achieve compression is different for

each type of fitting. For example,

gasketed mechanical couplings typically

employ threaded fasteners to compress

a resilient gasket around the pipe joint.

Conversely, mechanically attached

fittings employ a compressive force to

become attached to the pipe. The terms

‘‘compression joint’’ and ‘‘couplings of

the compression type’’ refer to the type
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25987

of compression used in mechanically

attached fittings rather than the

compression of a resilient material used

in gasketed mechanical couplings.

Moving requirements for

mechanically attached fittings to

§ 56.30–25 instead of § 56.30–40, as

originally proposed in the NPRM, is an

editorial reorganization of changes and

is within the scope of the NPRM.

Therefore, the final rule incorporates

ASTM F 1387–93 into § 56.30–25 and

moves provisions in the existing

§ 56.30–40, which apply to gasketed

mechanical couplings, into § 56.30–35.

§§ 56.60–1, 56.60–10, 56.60–15, 56.60–

20, 58.30–5, 58.30–15, and 58.30–17—

Ductile Iron

One written comment and a

participant at the public meeting noted

that, contrary to the current provisions

of § 56.60–1, Acceptable materials and

specifications, ASTM F 1476–93,

proposed for incorporation by reference,

allows the use of ductile iron

conforming to ASTM standard A 536–83

(Ductile Iron Castings) and suggested A

536–83 ductile iron be added to the list

of acceptable materials in § 56.60–1 to

remedy this problem. The Coast Guard

agrees with the recommendation. As

mentioned above, incorporation of a

secondary referenced industry standard

is not necessary when the regulatory

language and the primary standard

provide sufficient guidance and the

regulations ensure enforceability. In the

case of A 536–83 ductile iron, merely

incorporating ASTM F 1476–93 would

create a conflict with other provisions in

the regulations regarding the use of A

536–83 ductile iron. Thus, it is

necessary to add A 536–83 ductile iron

to the list of acceptable materials to

avoid a conflict with other provisions

and to ensure the regulations provide

sufficient guidance.

Therefore, the final rule adopts a

revision to the list of acceptable piping

materials in § 56.60–1 regarding the use

of A 536–83 ductile iron.

As a result of adding A 536–83 ductile

iron to the list of acceptable materials,

the Coast Guard is also updating the

testing and acceptance criteria for

ferrous cast materials used in hydraulic

system components addressed in

§§ 58.30–5, 58.30–15, and 58.30–17. The

current regulations require ferrous cast

materials to either exhibit 15 percent

elongation in 50 millimeters (2 inches)

under a tensile test or pass an impact

shock test in order to be considered as

ductile iron (as opposed to cast iron)

acceptable for use in hydraulic system

components. By comparison, ABS

considers ferrous cast material

exhibiting 12 percent elongation in 50

millimeters (2 inches) as ductile iron

without the option for an impact shock

test. The Coast Guard considers the

elongation requirement to be an

important distinction between ductile

iron and cast iron and prefers to

harmonize the acceptance criteria for

ductile iron with ABS. The final rule

revises § 56.60–15, Ductile Iron, to

reference the requirements of § 56.60–

10, Cast Iron, for those materials that do

not exhibit at least 12 percent

elongation in 50 millimeters (2 inches)

under a tensile test. Additionally, as

§ 58.30–15, Pipe, tubing, valves, fittings,

pumps, and motors, references the

materials requirements of §§ 56.60–1

and 56.60–2, and therefore the

elongation and impact shock testing

requirements in § 56.60–15, the

elongation and impact shock testing

requirements in § 58.30–15 are no

longer needed. Removing the previously

mentioned testing requirements from

§ 58.30–15 also necessitates removing

references to § 58.30–15 included in

§§ 56.60–10, 56.60–20, and 58.30–5 and

the impact shock test procedures

included in § 58.30–17.

Section 58.30–15 also contains testing

requirements for cast aluminum alloys

used in hydraulic components. Under

current regulations a cast aluminum

alloy intended for use in hydraulic

components must exhibit 10 percent

elongation in 50 millimeters (2 inches)

under a tensile test or pass the same

impact shock test previously mentioned

for ferrous cast materials. Numerous

valve and pipe fitting designs

employing cast aluminum alloys

exhibiting elongation characteristics

much lower than 10 percent in 50

millimeters (2 inches) have been

accepted on the basis of the impact

shock test results and have

demonstrated satisfactory service.

Additionally, ABS has no similar testing

requirements for cast aluminum alloys

and has also found that valve and pipe

fittings manufactured with cast

aluminum alloys having elongation

characteristics lower than 10 percent in

50 millimeters (2 inches) have

demonstrated satisfactory service.

Revising the testing and acceptance

criteria for ferrous cast materials and

cast aluminum alloys would harmonize

the regulations with industry practices,

simplify the regulations, complete the

steps necessary to incorporate ASTM F

1476–93 by reference and, therefore, is

within the scope of the NPRM.

Therefore, the final rule adopts a

revision to the NPRM by updating the

testing and acceptance criteria for

ferrous cast materials and cast

aluminum alloys used in hydraulic

system components.

Subpart 162.027 and §§ 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–—Firehose Nozzles

One written comment noted that

testing firehose nozzles in accordance

with ASTM F 1546–94 (Firehose

Nozzles) proposed for incorporation by

reference, is cost prohibitive and

suggested that testing costs may become

more reasonable if the Coast Guard

recognized previous tests performed on

identical materials or components. This

comment stems from a

misunderstanding of the role of

independent laboratories when testing

equipment required to be approved by

the Coast Guard. Under the proposed

revisions to subpart 162.027, nozzles

would be considered approved by the

Coast Guard if the nozzles successfully

pass the tests specified in ASTM F

1546–94 when tested by an independent

laboratory accepted by the Coast Guard.

The Coast Guard does not prohibit

accepted independent laboratories from

applying the results of previous testing

to subsequent, required testing of

identical materials or components. The

determination to do so is up to the

individual independent laboratory,

unless otherwise stated in Coast Guard

regulations. The Coast Guard uses

oversight processes and field inspection

reports to determine whether

manufacturing and independent

laboratory testing consistently result in

products that meet the requirements and

intent of the regulations.

As the Coast Guard does not dictate

to independent laboratories whether

previous test may be used to satisfy an

incorporated industry consensus

standard, the incorporation of ASTM F

1546–94 into Coast Guard regulations

will not add any additional Coast Guard

induced economic burden on

manufacturers. Therefore, while the

Coast Guard notes this comment, the

comment does not directly affect the

overall proposal to incorporate ASTM F

1546–94 into the regulations for firehose

nozzles.

Another commenter asserted that the

operator-protection test in ASTM F

1546–94 is costly and unnecessary given

the other tests and provisions in ASTM

F 1546–94. The Coast Guard disagrees

with this comment. The Coast Guard

interviewed firefighters, fire fighting

trainers, and fire department

maintenance personnel to gain an

understanding of the operational and

maintenance factors that should be

considered in an ASTM standard for fire

hose nozzles. The Coast Guard then

worked with nozzle manufacturers in

the development of ASTM F 1546–94,
25988 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

keeping in mind the information

obtained from professional firefighters.

The operator-protection test is the only

test in ASTM F 1546–94 that measures

a nozzle’s effectiveness in protecting the

nozzle operator from a sudden heat rise.

The test is essential to determining

whether the nozzle, when operated

properly, can provide a firefighter with

sufficient time to escape an unexpected

fire hazard.

Additionally, ASTM F 1546–94 has

undergone a rigorous review and

balloting process through ASTM and the

provisions of ASTM F 1546–94 have

been accepted by both the Coast Guard

and industry. Given this Coast Guard/

industry consensus on the provisions of

ASTM F 1546–94, constructively

changing the standard via regulatory

requirements would be inconsistent

with the Coast Guard’s committment to

fostering Coast Guard/industry

partnerships and the goals of

incorporating industry consensus

standards by reference. Proposed

revisions to ASTM F 1546–94 are

outside the scope of this rulemaking and

must be considered through the normal

industry consensus standard process.

Therefore, while the Coast Guard

notes the comment, the Coast Guard

does not agree that the provisions of

ASTM F 1546–94 should be modified

through the final rule.

Another participant at the public

meeting disagreed with the Coast

Guard’s proposal to incorporate the

provisions of ASTM F 1546–94

pertaining to firehose nozzles that are

suitable for use only in fresh water. The

commenter argued that the regulations

should prohibit firehose nozzles

intended only for fresh water service in

accordance with ASTM F 1546–94,

because the nozzles might be placed on

vessels operating in salt water service

and, as a result, the nozzles may not

function properly when needed. The

Coast Guard disagrees with this

comment. As previously mentioned, the

Coast Guard helped firehose nozzle

manufacturers develop ASTM F 1546–

94 with the specific intention of

incorporating this standard into the

regulations to replace the detailed

specifications in subpart 162.027 and to

make an improved fire fighting product

available to the marine industry.

Nozzles manufactured of aluminum

alloys are currently the only type

specifically mentioned in ASTM F

1546–94 (sections 6.1.2, 9.8.1 and 12) as

unsuitable for salt water service. Most

shoreside fire fighting organizations,

including those in coastal, salt air

locations, use firehose nozzles

constructed of anodized aluminum with

fresh water drawn from municipal water

supplies. The anodized aluminum

nozzle is rugged, reliable and lighter

than similar brass nozzles, which are

currently the only type of nozzle

approved by the Coast Guard. Whereas

brass nozzles are suitable for any

service, the aluminum nozzle is not

suitable for service in a salt water

environment because, if the anodized

coating is damaged, the aluminum

nozzle body is susceptible to salt water

corrosion, which may render the nozzle

inoperable.

To protect against aluminum nozzles

being placed on vessels in salt water

service, the Coast Guard ensured that

ASTM F 1546–94 contained provisions

for marking firehose nozzles

manufactured of aluminum alloys with

‘‘F.W. Only’’ to indicate suitability only

for fresh water service.

It is true, as argued by the commenter,

that without mindfulness in the marine

industry, it is possible that nozzles

intended only for fresh water service

may be placed on vessels operating in

salt water. However, only allowing

nozzles suitable for both fresh and salt

water service on vessels would

needlessly penalize the owners and

operators of vessels operating

exclusively in fresh water by prohibiting

the lighter and more common anodized

aluminum nozzles. Additionally,

firehose nozzles are examined at each

Coast Guard inspection and owners and

operators would be required to replace

unsuitable nozzles.

Therefore, the final rule incorporates

all of the provisions in ASTM F 1546–

94 regarding firehose nozzles intended

for fresh or salt water service.

After further review of the proposed

revisions to subpart 162.027, the Coast

Guard is making editorial changes to the

regulatory language. Specifically, the

provisions related to testing conducted

by a recognized laboratory in the

proposed § 162.027–3, Approval

procedures, have been moved to

§ 162.027–2, Design, construction,

testing, and marking requirements.

These revisions represent an editorial

reorganization of the proposals in the

NPRM and do not affect the scope or

intent of the NPRM. Therefore, the final

rule revises the proposals in the NPRM

by including the previously mentioned

editorial changes.

§§ 35.07–5, 35.07–15, 78.37–3, 97.35–3,

97.35–10, 196.35–3, and 196.35–10—

Logbooks

Several written comments were

received about logbooks on merchant

vessels. One comment noted that the

proposed rules suggest that the Coast

Guard will no longer gratuitously

provide the official logbooks required by

the regulations. The comment also

noted that the current version of the

official logbook (CG–706) contains

outdated references to sections of the

U.S. Code. The Coast Guard agrees that

the regulations should explicitly

continue to explain that official

logbooks may be obtained gratuitously

from any Officer in Charge, Marine

Inspection. Also, the Coast Guard agrees

that updating the official logbook form

to reference current statutes is

necessary. The Coast Guard is currently

revising the logbook form to include

updated references.

Therefore, the final rule revises the

proposals of the NPRM by retaining text

to explain that official logbooks may be

obtained gratuitously from any Officer

in Charge, Marine Inspection.

Another written comment suggested

that the Coast Guard should issue

additional regulations regarding logbook

requirements for uninspected towing

vessels arguing that requiring logbook

entries is the best way of enforcing

applicable requirements for uninspected

towing vessels. The Coast Guard

disagrees with this suggestion. Title 46

of the United States Code, section 11301

(46 U.S.C. 11301) requires all U.S.

vessels on a foreign voyage, or, of at

least 100 gross tons and on a voyage

from a port in the Atlantic Ocean to a

port in the Pacific Ocean to maintain an

official logbook and describes the

information to be recorded in the

official logbook. The Coast Guard does

not currently require uninspected

towing vessels not otherwise subject to

46 U.S.C. 11301 to maintain official

logbooks.

While the Coast Guard is concerned

about violations of safety regulations on

uninspected towing vessels, it is beyond

the scope of this rulemaking to address

these issues. Therefore, the final rule

does not adopt new requirements

concerning logbooks on uninspected

towing vessels.

§§ 32.05–5, 35.40–40, 78.47–67, 97.35–

45, 167.55–5, 169.742 and 196.37–45—

Equipment Marking

The Coast Guard proposed in the

NPRM to remove the requirement to

mark fire axes and firehoses with the

vessel’s name as these items do not float

and would not aid in identifying debris

from a sunked vessel. However, this

proposal is also included in another

rulemaking regarding lifesaving and

firefighting equipment. Therefore, the

proposal to remove the requirement to

mark fire axes and fire hoses with the

vessel’s name is withdrawn from the

final rule.

One written comment suggested

removing the requirement to mark life
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25989

jackets with the vessel’s name on all

inland vessels. The commenter reasoned

that the need to identify debris after an

accident is less critical on inland vessels

than on oceangoing vessels because

inland commercial vessels are often on

dedicated routes. While the Coast Guard

considers this suggestion to be

consistent with the spirit of the final

rule, it would be a substantive change

to Coast Guard requirement for which

prior public comment is preferred.

Therefore, the final rule adopts the

original proposals of the NPRM

regarding marking emergency

equipment. The suggestion to remove

the requirements for marking life jackets

with the vessel’s name on all inland

vessels will be considered for future

rulemaking.

§§ 108.611, 108.613, 108.615, 108.659,

109.529, 109.531, 109.533, 109.535,

109.537 and 109.539—Mobile Offshore

Drilling Units.

Several written comments were

received about proposed changes to the

regulations for mobile offshore drilling

units (MODU). One comment pointed

out that if § 108.613, regarding

requirements for power-operated

industrial trucks on MODUs, was being

removed, then related §§ 108.611 and

108.615 should also be removed. The

Coast Guard agrees with this comment.

It was the Coast Guard’s intention to

remove all sections regarding poweroperated industrial trucks as the Coast

Guard considers regulations for poweroperated industrial trucks to be no

longer needed. The removal of sections

108.611 and 108.613, as well as,

§§ 109.529 through 109.539 was

inadvertently omitted from the NPRM.

As the preamble to the NPRM

discussed the removal of all regulations

for power-operated industrial trucks,

removal of additional, inadvertently

omitted regulations for power-operated

industrial trucks is within the scope of

the NPRM. Therefore, the final rule

removes §§ 108.613, 108.615, and

109.529 through 109.539 in addition to

adopting the original proposals of the

NPRM regarding power-operated

industrial trucks on MODUs.

Another comment suggested that

regulations for breeches buoy

instructions, proposed for removal from

other subchapters by the NPRM, be

removed from the requirements for

MODUs as breeches buoys are no longer

used for lifesaving purposes on MODUs.

The Coast Guard agrees with this

suggestion. It was the Coast Guard’s

intention to removal all requirements

for breeches buoy instructions from title

46 CFR. The sections requiring breeches

buoy instructions on MODUs were

inadvertently omitted from the NPRM.

As removing all requirements for

breeches buoy instructions was

discussed in the NPRM, removing

additional, inadvertently omitted

requirements for breeches buoy

instructions is within the scope of the

NPRM. Therefore, the final rule removes

requirements for breeches buoy

instructions in § 108.659 in addition to

adopting the original proposals of the

NPRM regarding breeches buoy

instructions.

A separate comment suggested

removing the requirement in § 108.637

for marking hand-portable fire

extinguishers and their associated

stations on MODUs because a similar

requirement is not included in other

subchapters of 46 CFR. The Coast Guard

disagrees with this suggestion because it

stems from a misunderstanding of the

requirements for marking emergency

equipment in the other subchapters of

46 CFR. A requirement for marking

hand-portable fire extinguishers and

their associated stations is included in

the equipment marking provisions for

tank vessels, passenger vessels and

cargo vessels in §§ 37.40–25, 78.47–30

and 97.37–23, respectively. Also, the

ability to match hand-portable fire

extinguishers with their stations is an

effective method to ensure that

extinguishers are available as expected

in a vessel’s approved fire control plan.

Therefore, the final rule does not

adopt the suggestion to remove the

requirements for marking hand-portable

extinguishers and their associated

stations.

Another comment suggested removing

the reference to 46 CFR part 147

concerning vessel stores in § 109.558,

which addresses hazardous vessel

stores, because it is redundant to the

applicability section of part 147. The

Coast Guard agrees with this comment.

One of the goals of the final rule is to

remove provisions that are repeated in

another section when removal of the

provision does not make the regulations

confusing or hard to use. Therefore, as

the requirement is duplicative with

another section in the CFR and the

removal of the reference to 46 CFR part

147 in § 109.558 is not a substantive

change, the final rule adopts the

suggestion to remove the reference to 46

CFR part 147 in § 109.558.

The following discussion summarizes

the changes being made by this final

rule to 46 CFR.

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, is technologically

obsolete, or is no longer used in the

marine industry.

Seciton 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 being removed.

Section 34.05–5 and subparts 34.13,

76.13, and 95.13 of 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

installations 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 being removed. The

Coast Guard is retaining the regulations

pertaining to testing and inspection of

installed systems.

Subparts 35.70, 78.80, 97.70, and

§§ 78.83–1, 97.70–1, 108.611, 108.613,

108.615, 109.529, 109.531, 109.533,

109.535, 109.537, and 109.539 of title 46

CFR contain requirements for poweroperated industrial trucks. Poweroperated industrial trucks have been

used historically on break-bulk vessels

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 vessels are maintained by

the Maritime Administration (MARAD),

but are not operating. Of MARAD’s

vessels, only 7 will eventually carry

power-operated industrial trucks as

ship’s equipment. On the remaining,

privately owned break-bulk vessels, few

trucks are still carried as vessel’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

vessels, lighter-abroad vessels (LASH)

and roll-on/roll-off (RORO) vessels has

also reduced the use of power-operated

industrial trucks. Additionally, there

have been no reported accidents
25990 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

involving power-operated industrial

trucks in the last 15 years. Therefore,

regulations for power-operated

industrial trucks are no longer necessary

and are being removed.

Sections 32.15–10, 77.27–1, 96.27–1,

and 167.40–20 of 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 being

removed.

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 meters (150

feet) to protect crossing 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 deckhouse

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, which makes

this burdensome requirement

inappropriate. Therefore, regulations

requiring sand in the engineroom are

being removed.

Subparts 35.12, 78.53, 97.43, 196.43

and § 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

being revised.

Sections 35.30–45, 72.05–60, 167.40–

35, and 169.321 and subparts 78.75,

97.60, and 196.60 of 46 CFR contain

requirements for motion picture film,

principally designed to prevent fires.

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,

which use motion picture projectors in

their movie theaters, video cassette

recorders and televisions have replaced

motion picture projectors on most

vessels. Slow-burning film is the only

type of film currently available in reel

format for use with movie projectors.

Section 111.89–1 of 46 CFR requires all

motion picture projectors to meet

Article 540 of he 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

being removed.

Sections 108.403 and 167.45–55 of 46

CFR allow the installation of water

spray systems for fire fighting purposes

in boiler spaces of MODUs and public

nautical school ships. Other fire fighting

media, such as carbon dioxide, have

proven more effective, reliable and

practical than water spray systems. In

addition, there are currently no MODUs

or public nautical school ship using a

water spray system in a boiler space for

fire fighting purposes. Therefore, these

provisions are not necessary and are

being removed.

Subpart 160.018 of 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 being removed.

Subpart 160.034 of 46 CFR contains

specifications for lifeboat handpropelling 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 being removed.

Section 164.016 of 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 approved

lifesaving equipment. Therefore, the

specifications for microcellular nylon

are no longer needed and are being

removed.

The following table lists the sections

that affected by the removal or revision

of regulations pertaining to equipment

that is no longer used.

Cite (46 CFR) CFR change Subject addressed by regulation

Part 15 ....................................................................................................... Revision ....................... Authority citation.

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

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

§ 72.05–60 .................................................................................................. Removal ...................... Motion picture film.

§ 76.05–20 .................................................................................................. Revision ....................... Fixed fire fighting 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.

§ 78.83–1 .................................................................................................... Revision ....................... Power-operated industrial trucks.

§ 95.05–10 .................................................................................................. Revision ....................... Fixed fire fighting systems.

§ 95.05–20 .................................................................................................. Removal ...................... Sand in boiler rooms.
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25991

Cite (46 CFR) CFR change Subject addressed by regulation

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.

§ 97.80–1 .................................................................................................... Revision ....................... Power-operated industrial trucks.

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

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

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

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

§ 108.659 .................................................................................................... Revision ....................... Breeches buoy placard.

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

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

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

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

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

§ 109.539 .................................................................................................... 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 ................................................................................................ Removal ...................... 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 33

CFR or 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 33 CFR. However, each of the

requirements cited contain language

regarding their applicability. Therefore,

the sections of 46 CFR that merely

restate the applicability of the FWPCA,

OPA, and 33 CFR are not necessary and

are being revised.

Sections 35.20–25 and 167.65–10 and

subparts 78.25, 97.23, and 196.23 of 46

CFR prohibit carrying any light not

required by law that will interfere with

distinguishing signal lights. However,

rule 20 of both the Inland and

International Rules of the Road

published in 33 U.S.C. 2020, 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 46 CFR that

prohibit carrying lights that interfere

with signal lights are not necessary and

are being removed.

Section 56.50–100 of 46 CFR contains

a one sentence reference to subpart

58.30 of 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 being removed.

Sections 92.01–13 and 190.01–13 of

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 46 CFR contains identical

requirements. The requirements for

sliding watertight doors included in part

170 apply to all vessels inspected under

46 CFR, including cargo and

miscellaneous vessels and

oceanographic research vessels.

Therefore, repeating the requirements

for the design and operation of sliding

watertight door assemblies in §§ 92.01–

13 and 109.01–13 is not necessary and

these provisions are being removed.

Section 109.558 of 46 CFR contains a

one-sentence reference to part 147 for

labeling, stowing and using hazardous

vessel’s stores. The other subchapters

for tank vessels, passenger vessels, and

cargo and miscellaneous vessels do not

contain a similar reference. Therefore,

merely referencing part 147 for the

labeling, stowing, and use of hazardous

vessel’s stores without adding

additional information is not necessary

and § 109.558 is being removed.

In the following list of sections being

removed or revised, 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) CFR 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.

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

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.
25992 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

Cite (46 CFR) CFR change Subject addressed by regulation

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.

§ 109.558 [46 CFR Part 147] ..................................................................... Removal ...................... Hazardous vessel’s stores.

§ 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.

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 that are typically exceeded

by industry voluntarily, regulations that

have outlived their usefulness and

requirements that result in inefficient

administrative procedures.

Section 35.01–5 and subparts 32.40,

72.20, 92.20, 167.50, 168.15, and 190.20

of 46 CFR contain requirements for onboard crew accommodations. In some

cases, the requirements contained in

these sections are unnecessarily detailed

or exceed the requirements of the U.S.

Code or the International Labor Office

Merchant Shipping (Minimum

Standards) Convention, 1976 (ILO 147)

to which the United States is signatory.

As discussed above, the changes in

this rulemaking remove or revise those

sections of the regulations that are

unnecessarily detailed or exceed the

requirements of the U.S. Code or ILO

147 in order to make the regulations

more concise and consistent with the

international standard for on-board crew

accommodations. Provisions that affect

shipboard safety are not being removed

or revised.

Sections 35.10–5 and 35.20–30 of 46

CFR discuss the officer in command’s

responsibility to conduct drills and the

prohibitions against unauthorized

lights, flashing blinding lights and

unauthorized whistling. Sections 35.25–

1 of 46 CFR discusses the chief

engineer’s responsibility to examine the

boilers and report their condition.

Additionally, §§ 78.57–1, 97.47–1, and

167.65–15 of 46 CFR require mariners to

strictly comply with routing

instructions issued by competent naval

authorities. Each of these sections

include phrases to indicate that the

master or 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 the these sections.

Phrases of this type are inconsistent

with the President’s memorandum of

March 4, 1995, directing 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

final rule removes or revises 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 46

CFR specify that the words ‘‘Right

rudder’’ and ‘‘Left rudder’’ be used

when it is intended that the wheel,

rudder blade and the head of the vessel

move to the right or left, respectively.

Specifying the direction of the wheel,

rudder or vessel intended by the

commands ‘‘Right rudder’’ and ‘‘Left

rudder’’ is a detail that is not necessary

for professional seamen. It is the shared

responsibility of the helmsman and the

deck officer or pilot to ensure that

terminology and orders are understood.

Specifying commands in the regulations

does not diminish that responsibility.

Therefore, these regulations are not

necessary and are being removed.

Sections 61.04–5 and 61.30–5 of 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. As

discussed above, 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 significant safety issue. It is

doubtful that a deck officer or other

person not familiar with machinery

would be assigned to prepare machinery

for inspection because of the great

potential for costly delays. Also, other

sections in the regulations impart

ultimate responsibility for the vessel’s

machinery to the chief engineer.

Therefore, regulations assigning the

responsibility to prepare machinery for

inspection to the chief engineer are

being removed.

Sections 54.01–1, 54.01–3, and 54.01–

5 and table 54.01–5 of 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 create 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 not

longer necessary and are being removed.

Part 153 of 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 is based primarily on a

review of he 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
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25993

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.

The new procedure will 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 part as documentation

that he 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 rule, only those chemical

tankers whose flag state is not signatory

to MARPOL 73/78 will require a

detailed plan review by the MSC to be

issued an SOE. Following the plan

review, the MSC will issue an SOE to

these vessels with the notation that the

flag state is not signatory to MARPOL

73/78.

Therefore this final rule amends the

review and issuance 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 final rule also allows the SOE

to remain valid as long as the COF is

valid even if the COF is revised.

The following table lists the sections

that are affected by the removal or

revision of redundant information or

inefficient administrative procedures.

Cite (46 CFR) CFR change Subject addressed by regulation

Tank Vessels:

Subpart 32.40 ..................................................................................... Revision ....................... Accomodations.

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

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

§ 35.20–15 .......................................................................................... Removal ...................... Steering orders.

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

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

§ 35.25–1 ............................................................................................ Revision ....................... Examination of boilers and machinery by

engineer.

Pressure Vessels:

§ 54.01–1 ............................................................................................ Revision ....................... Heat exchangers.

§ 54.01–3 ............................................................................................ Removal ...................... Heat exchangers.

§ 54.01–5 ............................................................................................ Revision ....................... Heat exchangers.

Inspections 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.

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

Cargo and Miscellaneous Vessels:

Subpart 92.20 ..................................................................................... Revision ....................... Accommodations.

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

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

Hazardous Cargoes:

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

Public School Ships:

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

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

Civilian Nautical School Ships:

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

Oceanographic Research Vessels:

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

Subpart 196.17 ................................................................................... Removal ...................... Steering orders.

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 46 CFR contain

requirements for firehose nozzles that

are approved under 46 CFR 162.027. In

1994, as discussed above, the Coast

Guard helped U.S. nozzle manufacturers

develop an ASTM standard for fire

fighting nozzles—ASTM F 1546–94,

Fire Hose Nozzles. The standard was

developed for modern variable-flow or

variable-pressure nozzles with the

expectation that it would eventually be

incorporated into the regulations.

Testing conducted by the Coast Guard

Research and Development Center in
25994 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

1988 demonstrated that these nozzles

are superior to the currently approved

all-purpose nozzles. Two of the tested

models were issued Coast Guard

approvals in 1990. Variable-flow or

variable-pressure nozzles are used by

virtually every shoreside fire

department in the United States.

Incorporation of this standard will make

a superior product with a long,

successful service history available to

the marine industry.

Therefore, this final rule replaces the

current specifications for firehose

nozzles contained in subpart 162.027

with a reference to ASTM F 1546–94

and allows the use of nozzles that meet

the new subpart 162.027 in addition to

nozzles previously approved under

subpart 162.027.

Section 38.25–10 of 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 4 years. The ABS rules

require testing and adjustment every 5

years. The ABS rules with the longer

testing interval, have proven 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 ABS rules. These

amendments have been made 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 when

shipboard safety is not affected.

Therefore, this final rule changes the

testing interval for safety valves

installed on pressure vessel type cargo

tanks from 4 years to 5 years to be

consistent with international standards

and classification society rules.

Sections 56.30–25, 56.30–35, and

56.30–40 of 46 CFR contain regulations

for gasketed mechanical couplings and

mechanically attached fittings. In 1993,

as discussed above, the Coast Guard and

ASTM developed ASTM standards F

1387–93 (Performance of Mechanically

Attached Fittings) and F 1476–93

(Performance of Gasketed Mechanical

Couplings for Use in Piping

Applications) with the expectation that

they would eventually be incorporated

into the regulations. Also, in 1994,

ASTM F 1548–94 (the Performance of

Fittings for Use with Gasketed

Mechanical Couplings Used in Piping

Applications) was developed as a

companion standard for ASTM F 1476–

93. This final rule incorporates ASTM F

1387–93 into § 56.35–30 and both

ASTM F 1476–93 and ASTM F 1548–94

into § 56.35–25, and clarifies the

requirements for mechanically attached

fittings and gasketed mechanical

couplings used in piping applications.

As discussed above, § 56.60–1

describes acceptable materials for

shipboard piping systems. Specifically,

table 56.60–1(a) prohibits the use of

ductile iron conforming to ASTM

standard A 536–83. However, the

specific grades of A 536–83 ductile iron

referenced in ASTM F 1476–93 have a

successful service history and have

proven to be suitable for shipboard use.

Therefore, table 56.60–1(a) is revised to

allow the use of A 536–83 ductile iron

for pipe fittings and valves.

Additionally, § 56.60–15, which

addresses the use of ductile iron in

piping systems, is being revised to allow

the use of A 536–83 ductile iron.

Sections 58.30–5, 58.30–15, and

58.30–17 contain requirements for the

use of ferrous cast materials in

hydraulic systems. Under the current

regulations, ferrous cast materials must

exhibit at least 15 percent elongation in

50 millimeters (2 inches) when

subjected to a tensile test or pass an

impact shock test to be considered

ductile iron and acceptable for use in

hydraulic system components. As

previously mentioned, the Coast Guard

prefers to retain an elongation

requirement for ductile iron while

harmonizing with ABS requirements.

Therefore, the final rule revise § 56.60–

15 to include a requirement that ductile

irons exhibit 12 percent elongation in 50

millimeters (2 inches) under a tensile

test without the option to pass an

impact shock test. As § 58.30–15

references the requirements for ductile

iron in § 56.60–2 and § 56.60–15, the

elongation and impact shock testing

provisions in § 58.30–15 are no longer

needed and are removed in the final

rule. The final rule also removes the

references to § 58.30–15 included in

§§ 56.60–10, 56.60–20, and 58.30–5 and

the procedures for impact shock testing

in § 58.30–17.

Section 58.30–15 also contains

elongation and impact shock testing

requirements for cast aluminum alloys.

As previously mentioned, experience

has shown that testing requirements for

cast aluminum alloys used in hydraulic

components are no longer needed.

Additionally, removal of the testing

requirements for cast aluminum alloys

would harmonize the regulations with

ABS rules.

As a result of removing the testing

requirements for cast aluminum alloys

in § 58.30–15, footnote 16 of table

56.60–2(a), which references the testing

requirements of § 58.30–15 and § 58.30–

17 is also being removed.

Section 61.20–17 of 46 CFR contains

the requirements for tailshaft

examination intervals. The current

requirements for tailshaft examination

intervals are based on the type of

lubricant used 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 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 final rule, a watermiscible lubricant tested in accordance

with ASTM D 665–92 (Standard Test

Method for Rust-Preventing

Characteristics of Inhibited Mineral Oil

in the Presence of Water) may be

considered equivalent to oil for the

purposes of the tailshaft inspection

interval. Therefore, this final rule

incorporates ASTM D 665–92 into the

regulations and adds appropriate text

into § 61.20–17 explaining the

procedures for accepting water-miscible

lubricants as equivalent to oil.

Additionally, this final rule clarifies the

purpose of the tailshaft lubricating oil

analysis by explaining that the analysis

is to determine the presence of bearing

material or other contaminants.

The following table lists the sections

that are affected by the removal or the

revision of regulations that make a

negligible contribution to shipboard

safety.
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25995

Cite (46 CFR) CFR change Subject addressed by regulation

§ 34.10–10 .................................................................................................. Revision ....................... Firehose nozzles.

§ 34.10–90 .................................................................................................. Revision ....................... Firehose nozzles.

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

§ 56.01–2 .................................................................................................... Revision ....................... Incorporation by reference.

§ 56.30–25 .................................................................................................. Revision ....................... Flared, flareless and compression joints.

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

§ 56.30–40 .................................................................................................. Removal ...................... Mechanically attached fittings.

§ 56.60–1 .................................................................................................... Revision ....................... Piping materials.

§ 56.60–2 .................................................................................................... Revision ....................... Piping materials.

§ 56.60–10 .................................................................................................. Revision ....................... Cast iron.

§ 56.60–15 .................................................................................................. Revision ....................... Ductile iron.

§ 56.60–20 .................................................................................................. Revision ....................... Nonferrous materials.

§ 58.30–5 .................................................................................................... Revision ....................... Impact shock testing.

§ 58.30–15 .................................................................................................. Revision ....................... Cast materials.

§ 58.30–17 .................................................................................................. Removal ...................... Impact shock testing.

Subpart 61.03 ............................................................................................ New ............................. Incorporation by reference.

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

§ 76.10–10 .................................................................................................. Revision ....................... Firehose nozzles.

§ 76.10–90 .................................................................................................. Revision ....................... Firehose nozzles.

§ 95.10–10 .................................................................................................. Revision ....................... Firehose nozzles.

§ 95.10–90 .................................................................................................. Revision ....................... Firehose nozzles.

§ 108.425 .................................................................................................... Revision ....................... Firehose nozzles.

Subpart 162.027 ........................................................................................ Revision ....................... Firehose nozzles.

§ 167.45–40 ................................................................................................ Revision ....................... Firehose nozzles.

§ 193.10–10 ................................................................................................ Revision ....................... Firehose nozzles.

§ 193.10–90 ................................................................................................ Revision ....................... Firehose 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 46 CFR repeats the

statutory language of 46 U.S.C. 527e

authorizing the Coast Guard to board

numbered, uninspected commercial

vessels. however, section 527e of 46

U.S.C. was repealed on August 10, 1971

(Pub. 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 and need

not be repeated in the regulations.

Therefore, § 26.15–1 is revised to

remove the cite to the repealed

authorizing statute.

Sections 35.07–5, 35.07–15, 78.37–3,

97.35–3, 97.35–10, 196.35–3, and

196.35–10 of 46 CFR either repeat

statutory language or paraphrase

statutory requirements for making

logbook entries. Subparts 78.03, 97.03,

and 196.03 of 46 CFR repeat the

possible consequences of a violation of

the provisions of 46 CFR and mariners’

liability under the suspension and

revocation proceedings. Sections

167.65–3 and 196.27–10 of 46 CFR

repeat the statutory language regarding

negligent operations of a vessel.

Regulations that do not add meaning or

additional requirements to selfexecuting statutes are not useful.

Therefore, regulations that only repeat

language or summarize requirements

from self-executing statutes are not

necessary and are being removed or

revised.

The following table lists the sections

that are affected by the removal or

revision of regulations that repeat

statutory language.

Cite (46 CFR) CFR 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.

§ 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 Director of the Federal Register

has approved the material in §§ 56.01–

2, 61.03–1, and 162.027–1 for

incorporation by reference under 5

U.S.C. 552 and 1 CFR part 51. The

material is available as indicated in

these sections.

Regulatory Evaluation

This final rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

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

order, 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 11004, February 26, 1979). The Coast
25996 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

Guard expects the economic impact of

this final rule to be so minimal that a

full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Small Entities

Although this final rule is intended to

reduce regulatory burden by eliminating

redundancy and clarifying compliance

requirements, it will not have a

significant economic impact on a

substantial number of 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.

Additionally, any equipment

previously approved under provisions

of the regulations being amended by this

rule is still considered as approved and

need not obtain new approvals.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

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

this final rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This final rule contains no new

requirements for collection-ofinformation under the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612 and has determined that this rule

does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this final rule

and concluded that, under paragraph

2.B.2 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 15

Reporting and recordkeeping

requirements, Seamen, Vessels.

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, Incorporation by

reference.

46 CFR Part 58

Reporting and recordkeeping

requirements, Vessels.

46 CFR Part 61

Reporting and recordkeeping

requirements, Vessels, Incorporation by

reference.

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).

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, Incorporation by

reference.

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 189

Marine safety, Oceanographic

research vessels, Reporting and

recordkeeping requirements.

46 CFR Part 190

Fire prevention, Marine safety,

Occupational safety and health,

Oceanographic research vessels.
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25997

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 amends 46

CFR parts 15, 26, 31, 32, 34, 35, 38, 54,

56, 58, 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 15—MANNING REQUIREMENTS

1. The authority citation for part 15 is

revised to read as follows:

Authority: 46 U.S.C. 2103, 3703, 8101,

8102, 8104, 8301, 8304, 8502, 8503, 8701,

8702, 8901, 8902, 8903, 8904, 8905(b), 9102;

49 CFR 1.45 and 1.46.

PART 26—OPERATIONS

2. 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.

3. 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,

must stop immediately and lay to, or

must maneuver in such a way 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

4. The authority citation for part 31

continues to read as follows:

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

2103, 3306, 3703; 49 U.S.C. 5103, 5106; E.O.

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

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

Comp., p. 351; 49 CFR 1.46; Section 31.10–

21a also issued under the authority of Sect.

4109, Pub. L. 101–380, 104 Stat. 515.

§ 31.10–15 [Amended]

5. 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

6. The authority citation for part 32

continues to read as follows:

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

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

277; 49 CFR 1.46; Subpart 32.59 also issued

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

101–380, 104 Stat. 515.

7. 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

meters (150 feet), a fixed means of

facilitating communication between

both ends of the vessel, such as a raised

fore and aft bridge or side tunnels, must

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.

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 of 500 gross tons

and over and certificated for service on

the River St. Lawrence eastward of the

lower exit of the St. Lambert Lock at

Montreal, Canada, must 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 Intent—T/ALL.

32.40–10 Location of crew spaces—T/ALL.

32.40–15 Construction—T/ALL.

32.40–20 Sleeping accommodations—T/

ALL.

32.40–25 Washrooms and toilet rooms—T/

ALL.

32.40–30 Messrooms—T/ALL.

32.40–35 Hospital space—T/ALL.

32.40–40 Other spaces—T/ALL.

32.40–45 Lighting—T/ALL.

32.40–50 Heating and cooling—T/ALL.

32.40–55 Insect screens—T/ALL.

32.40–60 Crew accommodations on

tankships of less than 100 gross tons and

manned tank barges—T/ALL.

32.40–65 Crew accommodations on

tankships constructed before June 15,

1987—T/ALL.

Subpart 32.40—Accommodations for

Officers and Crew

§ 32.40–1 Application—TB/ALL.

(a) The provisions of this subpart,

except § 32.40–60 and § 32.40–65, 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 § 32.40–60.

(c) Tankships of 100 gross tons and

over constructed prior to June 15, 1987,

must meet the requirements of § 32.40–

65.

§ 32.40–5 Intent—T/ALL.

The accommodations provided for

officers and crew on all vessels must be

securely constructed, properly lighted,

heated, drained, ventilated, equipped,

located, arranged and insulated from

undue noise, heat and odors.

§ 32.40–10 Location of crew spaces—T/

ALL.

(a) Crew quarters must 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 meters (28

feet). For the purposes of this paragraph,

the vessel’s length must be as defined in

§ 43.15–1 of subchapter E (Load Lines)

of this chapter. Unless approved by the

Commandant, no section of the deck

head of the crew spaces may be below

the deepest load line.

(b) There must be no direct

communication, except through solid,

close fitted doors or hatches between

crew spaces and chain lockers, or

machinery spaces.

§ 32.40–15 Construction—T/ALL.

All crew spaces are to be constructed

and arranged in a manner suitable to the

purpose for which they are intended

and so that they can be kept in a clean,

workable and sanitary condition.

§ 32.40–20 Sleeping accommodations—T/

ALL.

(a) Where practicable, each licensed

officer shall be provided with a separate

stateroom.

(b) Sleeping accommodations for the

crew must be divided into rooms, no

one of which may berth more than 4

persons.

(c) Each room must be of such size

that there is at least 2.78 square meters
25998 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

(30 square feet) of deck area and a

volume of at least 5.8 cubic meters (210

cubic feet) for each person

accommodated. The clear head room

must not be less than 190 centimeters

(75 inches). 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 may

be placed above another. The berth must

be composed of materials not likely to

corrode. The overall size of a berth must

not be less than 68 centimeters (27

inches) wide by 190 centimeters (75

inches) 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 centimeters (12 inches) above the

deck. The berths must not be obstructed

by pipes, ventilating ducts, or other

installations.

(e) A locker must be provided for each

person accommodated in a room.

§ 32.40–25 Washrooms and toilet rooms—

T/ALL.

(a) At least 1 toilet, 1 washbasin, and

1 shower or bathtub must be provided

for each 8 members or portion thereof in

the crew who do not occupy sleeping

accommodations to which private or

semi-private facilities are attached.

(b) The toilet rooms and washrooms

must be located convenient to the

sleeping quarters of the crew to which

they are allotted but must not open

directly into such quarters except when

they are provided as private or semiprivate facilities.

(c) All washbasins, showers, and

bathtubs must be equipped with

adequate plumbing, including hot and

cold running water. All toilets must be

installed with adequate plumbing for

flushing.

(d) At least 1 washbasin must be fitted

in each toilet room, except where

private or semi-private facilities are

provided and washbasins are installed

in the sleeping rooms.

(e) Where more than 1 toilet is located

in a space or compartment, each toilet

must be separated by partitions.

§ 32.40–30 Messrooms—T/ALL.

(a) Messrooms must be located as near

to the galley as is practicable except

where the messroom is equipped with a

steam table.

(b) Each messroom must seat the

number of persons expected to eat in the

messroom at one time.

§ 32.40–35 Hospital space—T/ALL.

(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 12 or

more, must be provided with a hospital

space. This space must be situated with

due regard to the comfort of the sick so

that they may receive proper attention

in all weathers.

(b) The hospital must be suitably

separated from other spaces and must be

used for the care of the sick and for no

other purpose.

(c) The hospital must be fitted with

berths in the ratio of 1 berth to every 12

members of the crew or portion thereof

who are not berthed in single occupancy

rooms, but the number of berths need

not exceed 6.

(d) The hospital must have a toilet,

washbasin, and bathtub or shower

conveniently situated. Other necessary

suitable equipment such as a clothes

locker, a table, and a seat must be

provided.

§ 32.40–40 Other spaces—T/ALL.

Each vessel must have—

(a) Sufficient facilities where the crew

may wash and dry their own clothes,

including at least 1 sink supplied with

hot and cold fresh water;

(b) Recreation spaces; and

(c) A space or spaces of adequate size

available on an open deck to which the

crew has access when off duty.

§ 32.40–45 Lighting—T/ALL.

Each berth must have a light.

§ 32.40–50 Heating and cooling—T/ALL.

(a) All manned spaces must be

adequately heated and cooled in a

manner suitable to the purpose of the

space.

(b) The heating and cooling system for

accommodations must be capable of

maintaining a temperature of 21 °C (70

°F) under normal operating conditions

without curtailing ventilation.

(c) Radiators and other heating

apparatus must be so placed and

shielded, where necessary, to avoid risk

of fire, danger or discomfort to the

occupants. Pipes leading to radiators or

heating apparatus must be insulated

where those pipes create a hazard to

persons occupying the space.

§ 32.40–55 Insect screens—T/ALL.

Provisions shall be made to protect

the crew quarters against the admission

of insects.

§ 32.40–60 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 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.

§ 32.40–65 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 (§ 32.95–1)—[Removed]

10. Subpart 32.95 consisting of

§ 32.95–1 is removed.

PART 34—FIRE FIGHTING EQUIPMENT

11. 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), (a)(1),

(a)(1), (a)(2) (a)(3) and (a)(4) are revised

to read as follows:

§ 34.05–5 Fire extinguishing systems—T/

ALL.

(a) Approved fire extinguishing

systems must be installed on all

tankships in the following locations.

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.

(1) Dry cargo compartments. A carbon

dioxide or water spray system must be

installed for the protection of all dry

cargo compartments. Where such

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

must 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 must be installed in
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25999

all lamp and paint lockers, oil rooms,

and similar spaces.

(4) Pumprooms. A carbon dioxide,

inert gas, foam or water spray system

must 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, table 34.10–

10(E–1) is redesignated as table 34.10–

(10)(E), 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 1 length of firehose. Each

firehose on the hydrant must have a

combination solid stream and water

spray firehose nozzle that meets the

requirements in subpart 162.027 of this

chapter. Firehose 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 must be provided. Hose

racks on weather decks must be located

to afford protection from heavy seas.

The hose must be stored in a location

that is readily visible.

(f) Each combination firehose 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 1 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.

Firehose 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 firehose nozzle

required by paragraph (a)(10) of this

section on each of the following

hydrants must have a low-velocity

water-spray 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; and

(ii) At least 25 percent of other

hydrants.

* * * * *

(b) * * *

(2) Each fire station hydrant must

have at least 1 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.

Firehose 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 firehose

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–

10(E); and

(iii) Meets § 34.10–10(o).

16. Subpart 34.13 consisting of

§ 34.13–1 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 (§§ 34.55–1, 34.55–5 and

34.55–10)—[Removed]

17. Subpart 34.55 consisting of

§§ 34.55–1, 34.55–5 and 34.55–10 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.

The official logbook is available free to

masters of U.S.-flag vessels from the

officer in Charge, Marine Inspection, as

form CG–706B or CG–706C, depending

on the number of persons employed in

the crew. 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 must be kept

available for review by a marine

inspector for a period of 1 year after the

date to which the records refer. Separate

records of tests and inspections of fire

fighting equipment must 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 consisting of

§§ 35.12–1 and 35.12–5 is revised to

read as follows:

Subpart 35.12—Placaid of Lifesaving

Signals

Sec.

35.12–1 Application—T/OCLB.

35.12–5 Availability—T/OCLB.
26000 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

Subpart 35.12—Placard of Lifesaving

Signals

§ 35.12–1 Application—T/OCLB.

The provisions of this subpart apply

to all vessels on an international voyage,

and all other vessels of 150 gross tons

or over in oceans, coastwise, or Great

Lake service.

§ 35.12–5 Availability—T/OCLB.

On all vessels to which this subpart

applies there must be readily available

to the deck officer of the watch a

placard containing instructions for the

use of the lifesaving signals set forth in

regulations 16, chapter V, of the

International Convention for Safety of

Life at Sea, 1974. These signals must 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—T/All.

The unnecessary sounding of a

vessel’s whistle is prohibited within any

harbor limits of the United States.

28. Section 35.25–1 is revised to read

as follows:

§ 35.25–1 Examiniation of boilers and

machinery by engineer—T/ALL.

It shall be the duty of an engineer

when assuming charge of the boilers to

examine the same forthwith and

thoroughly. If any part thereof is found

in bad condition, the engineer shall

immediately report the facts to the

master, owner, or agent, and to the

nearest Officer in Charge, Marine

Inspection.

§ 35.30–45 [Removed]

29. Section 35.30–45 is removed.

Subpart 35.70 (§ 35.70–1—35.70–35)—

[Removed]

30. Subpart 35.70 consisting of

§§ 35.70–1 through 35.70–35 is

removed.

PART 38—LIQUEFIED FLAMMABLE

GASES

31. 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.

32. 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 must

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, must be

reset.

PART 54—PRESSURE VESSELS

33. The authority citation for part 54

continues 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]

34. 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]

35. Section 54.01–3 is removed.

§ 54.01–5 [Amended]

36. 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 designated

as paragraph (d)(6) and footnote 8 is

removed from table 54.01–5(b).

PART 56—PIPING SYSTEMS AND

APPURTENANCES

37. 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.

38. 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 Specification for

Performance of Mechanically Attached

Fittings, including supplementary

requirements and annex—56.30–25

ASTM F 1476–93 Standard Specification for

Performance of Gasketed Mechanical

Couplings for Use in Piping

Applications, including annex—56–30–

35

ASTM F 1548–94 Standard specification for

Performance of Fittings for Use with

Gasketed Mechanical Couplings for Use

in Piping Applications—56.30–35

* * * * *

39. Section 56.30–25 is revised to read

as follows:

§ 56.30–25 Flared, flareless, and

compression fittings.

(a) This section applies to pipe fittings

that are mechanically connected to pipe

by such means as ferrules, flared ends,

swaging, elastic strain preload,

crimping, bite-type devices, and shape

memory alloys. Fittings to which this

section applies must be designed,

constructed, tested, and marked in

accordance with ASTM F 1387–93.

Previously approved fittings may be

retained as long as they are maintained

in good condition to the satisfaction of

the Officer in Charge, Marine

Inspection.

(b) Flared, flareless and compression

fittings may be used within the service

limitations of size, pressure,

temperature, and vibration

recommended by the manufacturer and

as specified in this section.

(c) Flared, flareless, and compression

type tubing fittings may be used for tube

sizes not exceeding 50 millimeters (2

inches) outside diameter within the

limitations of applicable standards and

specifications listed in this section and

§ 56.60–1 of this part.

(d) Flareless fittings must be of a

design in which the gripping member or

sleeve must grip or bite into the outer

surface of the tube with sufficient

strength to hold the tube against

pressure, but without appreciably

distorting the inside tube diameter or

reducing the wall thickness. The

gripping member must also form a

pressure seal against the fitting body.

(e) For fluid services, other than

hydraulic systems, using a combustible

fluid as defined in § 30.10–15 of this

chapter and for fluid services using a

flammable fluid as defined in § 30.10–

22 of this chapter, flared fittings must be

used; except that flareless fittings of the

nonbite type may be used when the

tubing system is of steel, nickel cooper,

or copper zinc alloy. When using copper

or copper-zinc alloy, flared fittings are

required. (See also § 56.50–70 for

gasoline fuel systems, § 56.60–75 for
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 26001

diesel fuel systems, and § 58.25–20 for

hydraulic systems for steering gear.)

40. Section 56.30–35 is revised to read

as follows:

§ 56.30–35 Gasketed mechanical

couplings.

(a) This section applied to pipe

fittings that form a seal by compressing

a resilient gasket onto the pipe joint

primarily by threaded fasteners and

where joint creep is only restricted by

such means as machined grooves,

centering pins, or welded clips. Fittings

to which this section applies must be

designed, constructed, tested, and

marked in accordance with ASTM F

1476–93 and ASTM F 1548–94.

Previously approved fittings may be

retained as long as they are maintained

in good condition to the satisfaction of

the Officer in Charge, Marine

Inspection.

(b) Gasketed mechanical couplings

may be used within the service

limitations of pressure, temperature and

vibration recommended by the

manufacturer, except that gasketed

mechanical couplings must not be used

in—

(1) Any location where leakage,

undetected flooding or impingement of

liquid on vital equipment may disable

the vessel; or

(2) In tanks where the liquid

conveyed in the piping system is not

chemically compatible with the liquid

in the tank.

(c) Gasketed mechanical couplings

must not be used as expansion joints.

Positive restraints must be included,

where necessary, to prevent the

coupling from creeping on the pipe and

uncovering the joint. Bite-type devices

do not provide positive protection

against creep and are generally not

accepted for this purpose. Machined

grooves, centering pins, and welded

clips are considered positive means of

protection against creep.

§ 56.50–100 [Removed]

41. Section 56.50–100 is removed.

§ 56.60–1 [Amended]

42. In § 56.60–1, table 56.60–(a), the

table’s heading is revised and an entry

for ASTM A 536–83 ductile iron and

footnote 20 are added to ‘‘Castings 13

iron:’’ to read as follows:

Table 56.60–1(a)—ADOPTED

SPECIFICATIONS AND STANDARDS

(REPLACES TABLE 126.1)

* * * * *

A 536 Ductile iron—See footnote 20—

(20).

* * * * *

20Limited to pipe fittings and valves. See

§ 56.60–15(d) for additional information.

§ 56.60–2 [Amended]

43. In § 56.60–2, table 56.60–2(a),

footnote 16 and the references to

footnote 16 for B26 and B85 castings are

removed.

§ 56.60–10 [Amended]

44. In § 56.60–10, paragraph (d) is

removed.

45. In § 56.60–15, paragraph (b)

introductory text, is revised and a new

paragraph (d) is added to read as

follows:

§ 56.60–15 Ductile iron.

* * * * *

(b) Ductile iron castings conforming to

ASTM A 395 may be used in hydraulic

systems at pressures in excess of 7500

kilopascals (1000 pounds per square

inch) gage, provided the following:

* * * * *

(d) Ductile iron castings exhibiting

less than 12 percent elongation in 50

millimeters (2 inches) when subjected to

a tensile test must meet the

requirements for cast iron in this part.

§ 56.60–20 [Amended]

46. In § 56.60–20, paragraph (b) is

removed, the designation ‘‘(a)’’ is

removed from paragraph (a), and

paragraphs (a)(1) through (a)(4) are

redesignated as paragraphs (a) through

(d).

PART 58—MAIN AND AUXILIARY

MACHINERY AND RELATED SYSTEMS

47. The authority citation for part 58

continues to read as follows:

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

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

Comp., p. 277; 49 CFR 1.46.

48. In § 58.30–5, paragraph (a) is

revised to read as follows:

§ 58.30–5 Design requirements.

(a) The requirements of part 56 are

also applicable to piping and fittings in

fluid power and control systems listed

in § 58.30–1 of this part, except as

modified herein. The designer should

consider the additional pressure due to

hydraulic shock and should also

consider the rate of pressure rise caused

by hydraulic shock.

* * * * *

§ 58.30–15 [Amended]

49. In § 58.30–15, paragraph (f) is

removed and paragraph (g) is

redesignated as paragraph (f).

§ 58.30–17 [Removed]

50. Section 58.30–17 is removed.

PART 61—PERIODIC TESTS AND

INSPECTIONS

51. The authority citation for part 61

continues to read as follows:

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

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

1980 Comp., p. 277; 49 CFR 1.46

52. Subpart 61.03, consisting of

§ 61.03–1, 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 under 5 U.S.C. 552(a) and 1

CFR part 51. To enforce any edition

other than that specified in paragraph

(b) of this section, the Coast Guard must

publish a notice of change in the

Federal Register and the material must

be available to the public. All approved

material available for inspection at the

Office of the Federal Register, 800 North

Capital 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 and

is available from the sources indicated

in paragraph (b) of this section.

(b) The material approved for

incorporation by reference in this part

and the sections affected are as follows:

American Society for Testing and Materials

(ASTM) 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]

53. In § 61.05–5, paragraph (a) is

removed and paragraphs (b) and (c) are

redesignated as paragraphs (a) and (b),

respectively.

54. 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 5 year period. No more

than 3 years may elapse between any 2

tailshaft examinations.

(c) Tailshafts on vessels fitted with

multiple shafts must be examined once

every 5 years.
26002 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

(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 5 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) of this section 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 5 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]

55. In § 61.30–5, paragraph (a) is

removed and the paragraph designation

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

PART 72—CONSTRUCTION AND

ARRANGEMENT

56. 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]

57. Section 72.05–60 is removed.

58. Subpart 72.20 is revised to read as

follows:

Subpart 72.20—Accomodations 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 and cooling.

72.20–55 Insect screens.

72.20–90 Vessels contracted for prior to

November 19, 1952.

Subpart 72.20—Accommodations for

Officers and Crew

§ 72.20–1 Application.

The provisions of this part, except

§ 72.20–90, apply to all vessels

contracted for after November 18, 1952.

Vessels contracted for before November

19, 1952, must meet the requirements of

§ 72.20–90.

§ 72.20–5 Intent.

Accomodations provided for officers

and crew on all vessels shall be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

arranged, and insulated from undue

noise, heat, and odors.

§ 72.20–10 Location of crew spaces.

(a) Crew quarters must 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 meters (28

feet). For the purpose of this paragraph,

the vessel’s length must be as defined in

§ 43.15–1 of subchapter E (Load Lines)

of this chapter. Unless approved by the

Commandant, no section of the deck

head of the crew spaces may be below

the deepest load line.

(b) There must 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

and arranged in a manner suitable to the

purpose for which they are intended

and so that they can be kept in a clean,

workable, and sanitary condition.

§ 72.20–20 Sleeping accommodations.

(a) Where practicable, each licensed

officer shall be provided with a separate

stateroom.

(b) Sleeping accommodations for the

crew must be divided into rooms, no

one of which shall berth more than 4

persons.

(c) Each room shall be of such size

that there is at least 2.78 square meters

(30 square feet) of deck area and a

volume of at least 5.8 cubic meters (210

cubic feet) for each person

accommodated. The clear head room

shall be not less than 190 centimeters

(75 inches). 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 persons shall have a separate

berth and not more than one berth may

be placed above another. The berth must

be composed of materials not likely to

corrode. The overall size of a berth must

not be less than 68 centimeters (27

inches) wide by 190 centimeters (75

inches) 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 centimeters (12 inches) above the

deck. The berths must not be obstructed

by pipes, ventilating ducts, or other

installations.

(e) A locker must be provided for each

person accommodated in a room.

§ 72.20–25 Washrooms and toilet rooms.

(a) There must be at least 1 toilet, 1

washbasin, and 1 shower or bathtub for

each 8 members or portion thereof in

the crew who do not occupy sleeping

accommodations 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 must not open

directly into such quarters except when

they are provided as private or semiprivate facilities.

(c) All washbasins, showers, and

bathtubs must be equipped with

adequate plumbing, including hot and

cold running water. All toilets must be

installed with adequate plumbing for

flushing.

(d) At least 1 washbasin must be fitted

in each toilet room, except where

private or semi-private facilities are

provided and washbasins are installed

in the sleeping rooms.

(e) Where more than 1 toilet is located

in a space or compartment, each toilet

must be separate by partitions.
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 26003

§ 72.20–30 Messrooms.

(a) Messrooms must be located as near

to the galley as practicable except where

the messroom is equipped with a steam

table.

(b) Each messroom must seat the

number of persons expected to eat in the

messroom 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 12 or

more, must be provided with a hospital

space. This space must be situated with

due regard to the comfort of the sick so

that they may receive proper attention

in all weathers.

(b) The hospital must be suitably

separated from other spaces and must be

used for the care of the sick and for no

other purpose.

(c) The hospital must be fitted with

berths in the ratio of 1 berth to every 12

members of the crew, or portion thereof,

who are not berthed in single occupancy

rooms, but the number of berths need

not exceed 6.

(d) The hospital must have a toilet,

washbasin, and bathtub or shower

conveniently situated. Other necessary

suitable equipment such as a clothes

locker, a table, and a seat must be

provided.

§ 72.20–40 Other spaces.

Each vessel must have—

(a) Sufficient facilities where the crew

may wash and dry their own clothes,

including at least 1 sink supplied with

hot and cold fresh water;

(b) Recreation spaces; and

(c) A space or spaces of adequate size

on an open deck to which the crew has

access when off duty.

§ 72.20–45 Lighting.

Each berth must have a light.

§ 72.20–50 Heating and cooling.

(a) All manned spaces must be

adequately heated and cooled in a

manner suitable to the purpose of the

space.

(b) The heating and cooling system for

accommodations must be capable of

maintaining a temperature of 21°C

(70°F) under normal operating

conditions without curtailing

ventilation.

(c) Radiators and other heating

apparatus must be so placed and

shielded, where necessary, to avoid risk

of fire, danger or discomfort to the

occupants. Pipes leading to radiators or

heating apparatus must be insulated

where those pipes create a hazard to

persons occupying the space.

§ 72.20–55 Insect screens.

Provisions must 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,

must 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.

(2) 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, must 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 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.

(2) Where reasonable and practicable,

a minimum of 1 toilet, shower, and

washbasin must be provided for each 10

members of the crew or fraction thereof.

(3) Crew spaces must have a volume

of at least 3.4 cubic meters (120 cubic

feet) and a deck area of at least 1.5

square meters (16 square feet) for each

person accommodated.

(4) Each crewmember shall have a

separate berth, and berths may not be

placed more than 2 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 12 or

more persons, must be provided with a

suitable hospital space for the exclusive

use of the sick or injured. Berths must

be provided in the ratio of 1 berth for

each 12 members of the crew or fraction

thereof, but the number of berths need

not exceed 6.

(6) The crew spaces must be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

and arranged, and, practicable, must 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,

must 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 good condition to the

satisfaction of the Office in Charge,

Marine Inspection. Minor repairs and

alterations may be made to the same

standard as the original construction.

(2) There must be a minimum of 1

toilet, 1 shower, and 1 washbasin for

each 8 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,

must be equipped with adequate

plumbing, including hot and cold

running water.

(3) Crew spaces must have a volume

of at least 3.4 cubic meters (120 cubic

feet) and a deck of at least 1.5 square

meters (16 square feet) 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 12 or

more persons, must be provided with a

suitable hospital space for the exclusive

use of the sick or injured. Berths must

be provided in the ratio of 1 berth for

each 12 members of the crew or fraction

thereof, but the member of berths need

not exceed 6.

(6) The crew spaces must be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

and arranged, and, where practicable,

must be insulated from undue noise

heat, and odors.

PART 76—FIRE PROTECTION

EQUIPMENT

59. The authority citation for part 76

continues to read as follows:

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

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

1.46.

60. Section 76.05–20 is revised to read

as follows:

§ 76.05–20 Fixed fire extinguishing

systems.

Approved fire extinguishing systems

must 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 subpart

persons. Previously approved

installations may be retained as long as

they are maintained in good condition
26004 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

to the satisfaction of the Officer in

Charge, Marine Inspection.

§ 76.05–30 [Removed]

61. Section 76.05–30 is removed.

62. In § 76.10–10, paragraphs (j–1), (j–

2), and (l) are removed, paragraph (k) is

redesignated as paragraph (m),

paragraph (j) is revised, and new

paragraphs (k), (l), and (n) are added to

read as follows:

§ 76.10–10 Fire hydrants and hose.

* * * * *

(j) Each firehose on each hydrant must

have a combination solid stream and

water spray firehose nozzle that meets

the requirements in subpart 162.027 of

this chapter. Firehose 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) Firehose nozzles previously

approved under subpart 162.027 of this

chapter must have low-velocity water

spray applicators also previously

approved under subpart 162.027 of this

chapter as follows—

(1) In accommodation and service

areas—two firehoses; and

(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 firehose. The length of each

applicator must be not more than 1.8

meters (6 feet).

(l) 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.

* * * * *

(n) Firehose and couplings must be as

follows:

(1) Couplings must be of brass,

bronze, or other equivalent metal.

National Standard firehose coupling

threads must be used for the 38

millimeters (11⁄2 inch) and 64

millimeters (21⁄2 inch) sizes.

(2) Each section of firehose must be

lined commercial firehose that conforms

to Underwriters’ Laboratories, Inc.

Standard 19 or Federal Specification

ZZ–H–451E. Hose that bears the label of

Underwriters’ Laboratories, Inc. as lined

firehose is accepted as conforming to

this requirement.

63. 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, 1995.

(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)

64. Subpart 76.13 consisting of

§ 76.13–1 is revised to read as follows:

Subpart 76.13—Steam 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

65. 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.

66. 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 to 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, must be fitted with an efficient

electronic deep-sea sounding apparatus.

PART 78—OPERATION

67. The authority citation for part 78

is revised to read as follows:

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

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

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

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

Comp., p. 351; 49 CFR 1.46.

Subpart 78.03 (§ 78.03–1)—[Removed]

68. Subpart 78.03 consisting of

§ 78.03–1 is removed.

Subpart 78.20 (§ 78.20–1)—[Removed]

69. Subpart 78.20 consisting of

§ 78.20–1 is removed.

Subpart 78.25 (§ 78.25–1)—[Removed]

70. Subpart 78.25 consisting of

§ 78.25–1 is removed.

71. Subpart 78.35 consisting of

§ 78.35–1 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

meters (150 feet) a fixed means of

facilitating communication between

both ends of the vessel, such as a raised

fore and aft bridge or side tunnels, must

be provided. Previously approved

arrangements may be retained so long as

they are maintained in good condition

to the satisfaction of the Officer in

Charge, Marine Inspection.

72. 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 must be kept

available for review by a marine

inspector for a period of 1 year after the

date to which the records refer. Separate

records of tests and inspections of fire

fighting equipment must be maintained

with the vessel’s logs for the period of

validity of the vessel’s certificate of

inspection.

§ 78.47–67 [Removed]

73. Section 78.47–67 is removed.

74. Subpart 78.53 consisting of 78.53–

1 and 78.53–5 is revised to read as

follows:

Subpart 78.53—Placard of Lifesaving

Signals

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 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.
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 26005

§ 78.53–5 Availability.

On all vessels to which this subpart

applies there must 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 must be

used by vessels or persons in distress

when communicating with lifesaving

stations and maritime rescue units.

75. 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 strictly comply with

routing instructions issued by

competent naval authority.

Subpart 78.5 (§ 78.75–1)—[Removed]

76. Subpart 78.75 consisting of

§ 78.75–1 is removed.

Subpart 78.80 (§ 78.80–1—78.80–35)—

[Removed]

77. Subpart 78.80 consisting of

§ 78.80–1 through78.80–35 is removed.

§ 78.83–1 [Amended]

78. In § 78.83–1, paragraph (a) is

amended by removing the phrase,

‘‘(other than power-operated industrial

trucks when subject to subpart 78.80 of

this part)’’.

Subpart 78.85 (§ 78.85–1)—[Removed]

79. Subpart 78.85 consisting of

§ 78.85–1 is removed.

PART 92—CONSTRUCTION AND

ARRANGEMENT

80. The authority citation for part 92

continues to read as follows:

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

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

277: 49 CFR 1.46.

§ 92.01–13 [Removed]

81. Section 92.01–13 is removed.

82. 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.

92.20–35 Hospital space.

92.20–40 Other spaces.

92.20–45 Lighting.

92.20–50 Heating and cooling.

92.20–55 Insect screens.

92.20–90 Vessels contracted for prior to

November 19, 1952.

Subpart 92.20—Accommodations for

Officers and Crew

§ 92.20–1 Application.

(a) The provisions of this subpart

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 must meet the requirements of

§ 92.20–90.

(b) Vessels of less than 100 gross tons

must 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 must be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

arranged, and insulated from undue

noise, heat, and odors.

§ 92.20–10 Location of crew spaces.

(a) Crew quarters must 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 meters (28

feet). For the purposes of this paragraph,

the vessel’s length must be as defined in

§ 43.15-1 of subchapter E (Load Lines) of

this chapter. Unless approved by the

Commandant, no section of the deck

head of the crew spaces may be below

the deepest load line.

(b) There must be no direct

communication, except through solid,

close fitted doors, or hatches between

crew spaces and chain lockers, or

machinery spaces.

§ 92.20–15 Construction.

All crew spaces are to be constructed

and arranged in a manner suitable to the

purpose for which they are intended

and so that they can be kept in a clean,

workable, and sanitary condition.

§ 92.20–20 Sleeping accommodations.

(a) Where practicable, each licensed

officer must be provided with a separate

stateroom.

(b) Sleeping accommodations for the

crew must be divided into rooms, no

one of which shall berth more than 4

persons.

(c) Each room must be of such size

that there is at least 2.78 square meters

(30 square feet) of deck area and a

volume of at least 5.8 cubic meters (210

cubic feet) for each person

accommodated. The clear head room

must be not less than 190 centimeters

(75 inches). 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 may

be placed above another. The berth must

be composed of materials not likely to

corrode. The overall size of a berth must

not be less than 68 centimeters (27

inches) wide by 190 centimeters (75

inches) long, except by special

permission of the Commandant. Where

2 tiers of berths are fitted, the bottom of

the lower berth must not be less than 30

centimeters (12 inches) above the deck.

The berths must not be obstructed by

pipes, ventilating ducts, or other

installations.

(e) A locker must be provided for each

person accommodated in a room.

§ 92.20–25 Washrooms and toilet rooms.

(a) There must be provided at least 1

toilet, 1 washbasin, and 1 shower or

bathtub for each 8 members or portion

thereof in the crew who do not occupy

rooms to which private or semi-private

facilities are attached.

(b) The toilet rooms and washrooms

must be located convenient to the

sleeping quarters of the crew to which

they are allotted but must 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

adequate plumbing, including hot and

cold running water. All toilets must be

installed with adequate plumbing for

flushing.

(d) At least 1 washbasin must be fitted

in each toilet room, except where

private or semi-private facilities are

provided and washbasins are installed

in the sleeping rooms.

(e) Where more than 1 toilet is located

in a space or compartment, each toilet

must be separated by partitions.

§ 92.20–30 Messrooms.

(a) Messrooms must be located as near

to the galley as is practicable except

where the messroom is equipped with a

steam table.

(b) Each messroom must seat the

number of persons expected to eat in the

messroom at one time.

§ 92.20–35 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 12 or
26006 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

more, must be provided with a hospital

space. This space must be situated with

due regard to the comfort of the sick so

that they may receive proper attention

in all weathers.

(b) The hospital must be suitably

separated from other spaces and must be

used for the care of the sick and for no

other purpose.

(c) The hospital must be fitted with

berths in the ratio of 1 berth to every 12

members of the crew or portion thereof

who are not berthed in single occupancy

rooms, but the number of berths need

not exceed 6.

(d) The hospital must have a toilet,

washbasin, and bathtub or shower

conveniently situated. Other necessary

suitable equipment such as a clothes

locker, a table, and a seat shall be

provided.

(e) On vessels in which the crew is

berthed in single occupancy rooms, a

hospital space will not be required,

provided that one room is designated

and fitted for use as a treatment or

isolation room. This room must 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.

Each vessel must have—

(a) Sufficient facilities where the crew

may wash and dry their own clothes,

inducing at least 1 sink supplied with

hot and cold fresh water;

(b) Recreation spaces; and

(c) A space or spaces of adequate size

on an open deck to which the crew has

access when off duty.

§ 92.20–45 Lighting.

Each berth must have a light.

§ 92.20–50 Heating and cooling.

(a) All manned spaces must be

adequately heated and cooled in a

manner suitable to the purpose of the

space.

(b) The heating and cooling system for

accommodations must be capable of

maintaining a temperature of 21° C (70°

F) under normal operating conditions

without curtailing ventilation.

(c) Radiators and other heating

apparatus must be so placed and

shielded, where necessary, to avoid risk

of fire, danger, or discomfort to the

occupants. Pipes leading to radiators or

heating apparatus must be insulated

where those pipes create a hazard to

persons occupying the space.

§ 92.20–55 Insect screens.

Provisions must 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, must meet the general intent of

§ 92.20–5 and in addition must 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.

(2) Minor repairs and alterations 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,

must meet the following requirements:

(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.

(2) 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, must meet

the following requirements:

(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.

(2) 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 12 or

more persons, must be provided with a

suitable hospital space for the exclusive

use of the sick or injured.

(3) The crew spaces must be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

arranged, and insulated from undue

noise, heat, and odors.

(d) Vessels of 100 gross tons and over,

contracted for on or after January 1,

1941, but prior to November 19, 1952,

must meet the following requirements:

(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.

(2) Washbasins, showers, and

bathtubs if substituted for showers,

must be equipped with adequate

plumbing including hot and cold

running water.

(3) Each crewmember must have a

separate berth, and berths may not be

placed more than 2 high.

(4) 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 12 or

more persons, must 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 12 members of the crew or fraction

thereof, but the number of berths need

not exceed 6.

(5) The crew spaces must be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

arranged, and insulated from undue

noise, heat, and odors.

PART 95—FIRE PROTECTION

EQUIPMENT

83. 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.

84. In § 95.05–10, paragraph (g) is

removed and paragraphs (a),

introductory text, (b) and (c) are revised

to read as follows:

§ 95.05–10 Fixed fire extinguishing

systems.

(a) Approved fire extinguishing

systems may be used or required in

locations delineated in this section on

the following vessels. 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.

* * * * *

(b) A fixed carbon dioxide or other

approved system must be installed in all

cargo compartments and tanks for

combustible cargo, except for vessels

engaged exclusively in the carriage of

coal or grain in bulk. For cargo

compartments and tanks fitted with a

fixed carbon dioxide or other approved

system a deck foam system is not

required, instead of the carbon dioxide

system or other approved system, the

following systems may be used or

required in special cases:
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 26007

(1) A fixed foam system may be used

in cargo tanks.

(2) A water sprinkling system may be

required, and the details of such system

will be subject to special approval, in

cases where a cargo is normally

accessible and is considered to be a part

of the working or living quarters.

(3) Spaces ‘‘specially suitable for

vehicles’’ must 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 must be installed in all

lamp and paint lockers, oil rooms, and

similar spaces.

* * * * *

§ 95.05–20 [Removed]

85. Section 95.05–20 is removed.

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

2), and (l) are removed, paragraphs (j)

and (k) are redesignated as paragraphs

(l) and (m), respectively, paragraph (i) is

revised and new paragraphs (j), (k), and

(n) are added to read as follows:

§ 95.10–10 Fire hydrants and hose.

* * * * *

(i) Each firehose on each hydrant

must have a combination solid stream

and water spray firehose nozzle

approved under subpart 162.027 of this

chapter. Firehose 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 1000 gross tons or more,

each firehose 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 meters (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) Firehose and couplings must be as

follows:

(1) Couplings shall be of brass,

bronze, or other equivalent metal.

National Standard firehose coupling

threads must be used for the 38

millimeters (1 1⁄2 inch) and 64

millimeters (2 1⁄2 inch) sizes.

(2) Where 19 millimeters (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 firehose must be

lined commercial firehose that conforms

to Underwriters’ Laboratories, Inc.

Standard 19 or Federal Specification

ZZ–H–451E. Hose that bears the label of

Underwriters’ Laboratories, Inc. as lined

firehose is accepted as conforming to

this requirement.

87. In § 95.10–90, the designation

‘‘(a)’’ is removed from paragraph (a),

paragraphs (a)(5) and (a)(6) are removed,

paragraphs (a)(1) through (a)(4) are

redesignated as paragraphs (a) through

(d), respectively, and new paragraph (e)

is added to read as follows:

§ 95.10–90 Installations contracted for

prior to May 26, 1965.

* * * * *

(e) 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).

88. Subpart 95.13 consisting of

§ 95.13–1 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

89. 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.

90. 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, must be fitted with an efficient

electronic sounding apparatus.

PART 97—OPERATIONS

91. The authority citation for part 97

is revised to read as follows:

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

2103, 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 97.03 (§ 97.03–1)—[Removed]

92. Subpart 97.03 consisting of

§ 97.03–1 is removed.

Subpart 97.17 (§ 97.17–1)—[Removed]

93. Subpart 97.17 consisting of

§ 97.17–1 is removed.

Subpart 97.23 (§ 97.23–1)—[Removed]

94. Subpart 97.23 consisting of

§ 97.23–1 is removed.

95. Subpart 97.33 consisting of

§ 97.33–1 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

meters (150 feet) a fixed means

facilitating communication between

both ends of the vessel, such as a raised

fore and aft bridge or side tunnels, must

be provided. Previously approved

arrangements may be retained so long as

they are maintained in good condition

to the satisfaction of the Officer in

Charge, Marine Inspection.

96. 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 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 must be kept

available for review by a marine

inspector for a period of 1 year after the

date to which the records refer. Separate

records of tests and inspections of fire

fighting equipment must be maintained

with the vessel’s logs for the period of
26008 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

validity of the vessel’s certificate of

inspection.

§ 97.35–10 [Removed]

97. Section 97.35–10 is removed.

§ 97.37–45 [Removed]

98. Section 97.37–45 is removed.

99. Subpart 97.43 consisting of

§§ 97.43–1 and 97.43–5 is revised to

read as follows:

Subpart 97.43—Placard of Lifesaving

Signals

Sec.

97.43–1 Application.

97.43–5 Availability.

Subpart 97.43—Placard of Lifesaving

Signals

§ 97.43–1 Application.

The provisions of this subpart 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 the subpart

applies there must 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 must be

used by vessels or persons in distress

when communicating with lifesaving

stations and maritime rescue units.

100. 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 U.S. vessels must

strictly comply with routing

instructions issued by competent naval

authority.

Subpart 97.60 (§ 97.60–1)—[Removed]

101. Subpart 97.60 consisting of

§ 97.60–1 is removed.

Subpart 97.70 (§ 97.70–1—97.70–35)—

[Removed]

102. Subpart 97.70 consisting of

§§ 97.70–1 through 97.70–35 is

removed.

Subpart 97.75 (§ 97.75–1)—[Removed]

103. Subpart 97.75 consisting of

§ 97.75–1 is removed.

§ 97.80–1 [Amended]

104. In § 97.80–1, paragraph (a) is

amended by removing the phrase,

‘‘(other than power-operated industrial

trucks when subject to subpart 97.70 of

this part)’’.

PART 108—DESIGN AND EQUIPMENT

105. The authority citation for part

108 is revised to read as follows:

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

3306, 5115; 49 CFR 1.46.

§ 108.403 [Amended]

106. In § 108.403, paragraph (b) is

amended by removing the words ‘‘water

spray,’’.

107. In § 108.425, paragraph (c) and

the introductory text of paragraph (d)

are revised as follows:

§ 108.425 Firehoses and associated

equipment.

* * * * *

(c) Each nozzle for a firehose in a fire

main system must be a combination

solid stream and water spray firehose

nozzle that is approve 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 firehose nozzle previously

approved under subpart 162.027 of this

chapter, must have a low-velocity water

spray applicator also previously

approved under subpart 162.027 of this

chapter when installed in—

* * * * *

108. The heading of subpart F is

revised to read as follows:

Subpart F—Cranes

§ 108.611 [Removed]

109. Section 108.611 is removed.

§ 108.613 [Removed]

110. Section 108.613 is removed.

0108.615 [Removed]

111. Section 108.615 is removed.

112. Section 108.659 is revised to read

as follows:

§ 108.659 Lifesaving signal instructions.

On all vessels to which this subpart

applies, there must be readily available

to the offshore installation manager,

master, or person in charge 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 must be used by

vessels or persons in distress when

communicating with lifesaving stations

and maritime rescue units.

PART 109—OPERATIONS

113. The authority citation for part

109 is revised to read as follows:

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

5115, 6101, 10104; 49 CFR 1.46.

114. The heading of Subpart F is

revised to read as follows:

Subpart F—Cranes

§ 109.529 [Removed]

115. Section 109.529 is removed.

§ 109.531 [Removed]

116. Section 109.531 is removed.

§ 109.533 [Removed]

117. Section 109.533 is removed.

§ 109.535 [Removed]

118. Section 109.535 is removed.

§ 109.537 [Removed]

119. Section 109.537 is removed.

§ 109.539 [Removed]

120. Section 109.539 is removed.

§ 109.558 [Removed]

121. Section 109.558 is removed.

§ 109.583 [Removed]

122. Section 109.583 is removed.

PART 153—SHIPS CARRYING BULK

LIQUID, LIQUEFIED GAS, OR

COMPRESSED GAS HAZARDOUS

MATERIALS

123. The authority citation for part

153 continues to read as follows:

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

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

Sections 153.470 through 153.491, 153.1100

through 153.1132, and 153.1600 through

153.1608 also issued under 33 U.S.C.

1903(b).

124. In § 153.9, footnote 1 is removed

and the introductory text of paragraph

(a) 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 of this part, 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—

* * * * *

§ 153.16 [Amended]

125. 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’’.
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 26009

§ 153.808 [Amended]

126. 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’’.

127. 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 of the port where the

vessel is to be inspected at least 7 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 that 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) Before the examination required

by § 153.808 is begun, make certain that

the following plans are on board the

vessel and available to the Marine

Inspector. These plans include—

(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).

128. In § 153.902, paragraphs (b) and

(c) are revised to read as follows:

§ 253.902 Expiration and invalidation of

the Certificate of Compliance.

* * * * *

(b) The endorsement of a Certificate of

Compliance under this part is invalid if

the vessel 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 again once the ship has the IMO

Certificate of Fitness revalidated or

reissued.

PART 160—LIFESAVING EQUIPMENT

129. The authority citation for part

160 continues to read as follows:

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

4302; E.O. 12234, 3 CFR, 1980 Comp., p. 277;

49 CFR 1.46.

Subpart 160.018 §§ 160.018–1—

160.018–9—[Removed]

130. Subpart 160.018 consisting of

§§ 160.018–1 through 160.018–9 is

removed.

Subpart 160.034 §§ 160.034–1—

160.034–5—[Removed]

131. Subpart 160.034 consisting of

§§ 160.034–1 through 160.034–5 is

removed.

PART 162—ENGINEERING

EQUIPMENT

132. 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, 39 FR 21243, 3 CFR, 1971–1975

Comp., p. 793; 49 CFR 1.46.

133. Subpart 162.027 consisting of

§§ 162.027–1 through 162.027–3 is

revised to read as follows:

Subpart 172.027—Combination Solid

Stream and Water Spray Firehose Nozzles

Sec.

162.027–1 Incorporation by reference.

162.027–2 Design, construction, testing and

marking requirements.

162.027–3 Approval procedures.

Subpart 162.027—Combination Solid

Stream and Water Spray Firehose

Nozzles

§ 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 under 5 U.S.C. 552(a) and 1

CFR part 51. To enforce any edition

other than that specified in paragraph

(b) of this section, the Coast Guard must

publish a notice of change in the

Federal Register and the material must

be available to the public. All approved

material is available for inspection at

the Office of the Federal Register, 800

North Capitol Street NW., Suite 700,

Washington, DC and at the U.S. Coast

Guard, Design and Engineering

Standards Division (G–MMS), 2100

Second Street SW, Washington, DC and

is available from the sources indicated

in paragraph (b) of this section.

(b) The material approved for

incorporation by reference in this part

and the sections affected are as follows:

American Society for Testing and Materials

(ASTM)

1916 Race Street, Philadelphia, PA 19103

ASTM F 1546–94, Standard Specification for

Firehose Nozzles—162.027–2; 162.027–3

§ 162.027–2 Design, construction, testing

and marking requirements.

(a) Each combination solid stream and

water spray firehose nozzle required to

be approved under the provisions of this

subpart must be designed, constructed,

tested, and marked in accordance with

the requirements of ASTM F 1546–94.

(b) All inspections and tests required

by ASTM F 1546–94 must 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).

(c) 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 upon completion of the testing

required by ASTM F 1546–94.

§ 162.027–3 Approval procedures.

(a) Firehose nozzles designed,

constructed, tested, and marked in

accordance with ASTM F 1546–94 are

considered to be approved under the

provisions of this chapter.

(b) Firehose nozzles designed,

constructed, tested and marked in

accordance with the provisions of this

subpart in effect prior to June 24, 1996,

are considered to be approved under the

provisions of this chapter.

PART 164—MATERIALS

134. 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 § 164.016–1—164.016–

5—[Removed]

135. Subpart 164.016 consisting of

§§ 164.016–1 through 164.016–5 is

removed.

PART 167—PUBLIC NAUTICAL

SCHOOL SHIPS

136. 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.
26010 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

§ 167.40–20 [Amended]

137. In § 167.40–20, the words ‘‘in

addition to the ordinary deep-sea hand

lead’’ are removed.

§ 167.40–35 [Removed]

138. Section 167.40–35 is removed.

139. 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 school ships 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, 2 or more approved fire

extinguishers of the foam type of not

less than 9.5 liters (21⁄2 gallons) each or

2 or more approved fire extinguishers of

the carbon dioxide type of not less than

33 kilograms (15 pounds) each must be

placed where accessible and ready for

immediate use. On a nautical school

ship of 1,000 gross tons and under, only

1 of the fire extinguishers may be

required.

In boiler and machinery spaces, at

least 2 fire hydrants must have a

firehose of a length that allows each part

of the boiler and machinery spaces to be

reached by water from a combination

solid stream and water spray firehose

nozzle.

(c) Each firehose under paragraph (b)

of this section must have a combination

solid stream and water spray firehose

nozzle that meets subpart 162.027 of

this chapter. Combination nozzles and

low-velocity water spray applicators

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]

140. Section 167.45–55 is removed.

§ 167.65–3 [Removed]

141. Section 167.65–3 is removed.

§ 167.65–10 [Removed]

142. Section 167.65–10 is removed.

143. 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 strictly comply with routing

instructions issued by competent naval

authority.

§ 167.65–30 [Removed]

144. Section 167.65–30 is removed.

145. 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 must be readily available

to the deck officer of the watch a

placard containing instructions for the

use of the life saving signals set forth in

regulation 16, chapter V, of the

International Convention for Safety of

Life at Sea, 1974. These signals must be

used by vessels or persons in distress

when communicating with lifesaving

stations and maritime rescue units.

PART 168—CIVILIAN NAUTICAL

SCHOOL VESSELS

146. The authority citation for part

168 is revised to read as follows:

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

1.46.

147. Subpart 168.15 is revised to read

as follows:

Subpart 168.15—Accommodations

Sec.

168.15–1 Intent.

168.15–5 Location of crew spaces.

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 and cooling.

168.15–50 Ventilation.

168.15–55 Insect screens.

168.15–60 Inspection.

Subpart 168.15—Accommodations

§ 168.15–1 Intent.

The accommodations provided for

members of the crew, passengers,

cadets, students, instructors or any other

persons at any time quartered on board

a vessel to which this part applies must

be securely constructed, properly

lighted, heated, drained, ventilated,

equipped, located, arranged and

insulated from undue noise, heat and

odors.

§ 168.15–5 Location of crew spaces.

(a) Quarters must be located so that

sufficient fresh air and light are

obtainable compatible with accepted

practice or good arrangement and

construction.

(b) Unless approved by the

Commandant, quarters, must not be

located forward of the collision

bulkhead, nor may such section or

sections of any deck head occupied by

quarters be below the deepest load line.

§ 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 must be

constructed and arranged so that they

can be kept in a clean, workable, and

sanitary condition.

§ 168.15–15 Size.

(a) Sleeping accommodations must be

divided into rooms, no one of which

may berth more than subpart persons.

The purpose for which each space is to

be used and the number of persons it

may accommodate, must be marked

outside the space.

(b) Each room must be of such size

that there is at least 1.8 square meters

(20 square feet) of deck area and a

volume of at least 4.2 cubic meters (150

cubic feet) 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 may be

placed above another. The berths must

be of metal framework. The overall size

of a berth must not be less than 68

centimeters (27 inches) wide by 190

centimeters (75 inches) long. Where 2

tiers of berths are fitted, the bottom of

the lower berth must not be less than 30

centimeters (12 inches) above the deck,

and the bottom of the upper must not be

less than 76 centimeters (30 inches)

from both the bottom of the lower and

from the deck overhead. The berths

must not be obstructed by pipes,

ventilating ducts, or other installations.

(b) A metal locker must be provided

for each person accommodated in a

room.

§ 168.15–25 Washrooms.

(a) There must be provided 1 shower

for each 10 persons or fraction thereof

and 1 wash basin for each subpart

persons or fraction thereof for all

persons who do not occupy rooms to

which private or semi-private facilities

are attached.

(b) All wash basins and showers must

be equipped with adequate plumbing,

including hot and cold running fresh

water.

§ 168.15–30 Toilet rooms.

(a) There must be provided 1 toilet for

each 10 persons or fraction thereof to be

accommodated who do not occupy

rooms to which private facilities are

attached.
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 26011

(b) The toilet rooms must be located

convenient to the sleeping quarters of

the persons to which they are allotted

but must not open directly into such

quarters except when they are provided

as private or semiprivate facilities.

(c) Where more than 1 toilet is located

in a space or compartment, each toilet

must be separated by partitions.

§ 168.15–35 Hospital space.

(a) Each vessel must be provided with

a hospital space. This space must be

situated with due regard for the comfort

of the sick so that they may receive

proper attention in all weather.

(b) The hospital must be suitably

separated from other spaces and must be

used for the care of the sick and for no

other purpose.

(c) The hospital must be fitted with

berths in the ratio of 1 berth to every 12

persons, but the number of berths need

not exceed 6.

(e) The hospital must have a toilet,

wash basin, and bathtub or shower

conveniently located. Other necessary

suitable equipment of a sanitary type

such as a clothes locker, a table and a

seat must be provided.

§ 168.15–40 Lighting.

All quarters, including washrooms,

toilet rooms, and hospital spaces, must

be adequately lighted.

§ 168.15–45 Heating and cooling.

All quarters must be adequately

heated and cooled in a manner suitable

to the purpose of the space.

§ 168.15–50 Ventilation.

(a) All quarters must 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

must be supplied with fresh air equal to

at least 10 times the volume of the room

each hour.

§ 168.15–55 Screening.

Provision must 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

enters an American port and shall

satisfy himself that such vessel is in

compliance with the regulations in this

part.

PART 169—SAILING SCHOOL

VESSELS

148. 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]

149. Section 169.321 is removed.

§ 169.742 [Removed]

150. Section 169.742 is removed.

PART 189—INSPECTION AND

CERTIFICATION

151. The authority citation for part

189 continues to read as follows:

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

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

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

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

§ 189.60–30 [Removed]

152. Section 189.60–30 is removed.

PART 190—CONSTRUCTION AND

ARRANGEMENT

153. 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]

154. Section 190.01–13 is removed.

155. 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 and cooling.

190.20–55 Insect screens.

190.20–90 Vessels contracted for prior to

March 1, 1968.

Subpart 190.20—Accomodations for

Officers, Crew, and Scientific

Personnel

§ 190.20–1 Application.

(a) Except as noted below, the

provisions of this subpart apply to all

vessels contracted for on or after March

1, 1968.

(b) Vessels contracted for prior to

March 1, 1968, must meet the

requirements of § 190.20–90.

§ 190.20–5 Intent.

(a) The accommodations provided for

officers, crew, and scientific personnel

on all vessels must be securely

constructed, properly lighted, heated,

drained, ventilated, equipped, located,

arranged, and, where practicable, shall

be insulated from undue noise, heat,

and 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 must 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 meters (28

feet). For purpose of this paragraph, the

vessel’s length shall be as defined in

§ 43.15–1 of subchapter E (Load Lines)

of this chapter. Unless approved by the

Commandant, no section of the deck

head of the crew spaces may be below

the deepest load line.

(b) There must 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

and arranged in a manner suitable to the

purpose for which they are intended

and so they can be kept in a clean,

workable and sanitary condition.

§ 190.20–20 Sleeping accommodations.

(a) Where practicable, each licensed

officer must be provided with a separate

stateroom.

(b) Sleeping accommodations for the

crew must be divided into rooms, no

one of which must berth more than 4

persons.

(c) Each room must be of such size

that there are at least 2.78 square meters

(30 square feet) of deck area and a

volume of at least 5.8 cubic meters (210

cubic feet) for each person

accommodated. The clear head room

must be not less than 190 centimeters

(75 inches). 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.
26012 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

(d) Each person shall have a separate

berth and not more than one berth may

be placed above another. The berth must

be composed of materials not likely to

corrode. The overall size of a berth must

not be less than 68 centimeters (27

inches) wide by 190 centimeters (75

inches) 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 centimeters (12 inches) above the

deck. The berths must not be obstructed

by pipes, ventilating ducts, or other

installations.

(e) A locker must be provided for each

person accommodated in a room.

§ 190.20–25 Washrooms and toilet rooms.

(a) There must be provided at least 1

toilet, 1 washbasin, and 1 shower or

bathtub for each 8 members or portion

thereof in the crew to be accommodated

who do not occupy rooms to which

private or semi-private facilities are

attached.

(b) The toilet rooms and washrooms

must be located convenient to the

sleeping quarters of the crew to which

they are allotted but must not open

directly into such quarters except when

they are provided as private or semiprivate facilities.

(c) All washbasins, showers, and

bathtubs must be equipped with

adequate plumbing, including hot and

cold running water. All toilets must be

installed with adequate plumbing for

flushing. Where more than 1 toilet is

located in a space or compartment, each

toilet must be separated by partitions.

§ 190.20–30 Messrooms.

(a) Messrooms must be located as near

to the galley as is practicable except

where the messroom is equipped with a

steam table.

(b) Each messroom must seat the

number of persons expected to eat in the

messroom 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 12 or more, must be

provided with a hospital space. This

space must be situated with regard to

the comfort of the sick so that they may

receive proper attention in all weather.

(b) The hospital must be suitably

separated from other spaces and must be

used for the care of the sick and for no

other purpose.

(c) The hospital must be fitted with

berths in the ratio of 1 berth to every 12

members of the crew or portion thereof

who are not berthed in single occupancy

rooms, but the number of berths need

not exceed 6. Where all single

occupancy rooms are provided, the

requirement for a separate hospital may

be withdrawn, provided that 1

stateroom is fitted with a bunk

accessible from both sides.

(e) The hospital must have a toilet,

washbasin, and bathtub or shower

conveniently situated. Other necessary

suitable equipment such as a clothes

locker, a table and a seat must be

provided.

(f) On vessels in which the crew is

berthed in single occupancy rooms, a

hospital space will not be required,

provided that 1 room must be

designated and fitted with use as a

treatment or isolation room. This room

must 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.

Each vessel shall have—

(a) Sufficient facilities where the crew

may wash and dry their own clothes,

including at least 1 sink supplied with

hot and cold fresh water;

(b) Recreation spaces; and

(c) A space or spaces of adequate size

on the open deck to which the crew has

access when off duty.

§ 190.20–45 Lighting.

Each berth must have a light.

§ 190.20–50 Heating and cooling.

(a) All manned spaces must be

adequately heated and cooled in a

manner suitable to the purpose of the

space.

(b) Radiators and other heating

apparatus must be so placed and

shielded, where necessary, to avoid risk

of fire, danger or discomfort to the

occupants. Pipes leading to radiators or

heating apparatus must be insulated

where those pipes create a hazard to

persons occupying the space.

§ 190.20–55 Insect screens.

Provisions must 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

156. 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]

157. Section 193.05–20 is removed.

158. In § 193.10–10, paragraphs (j)

and (k) are redesignated as 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 must 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 must be from a

single length of hose. In main

machinery spaces, all portions of such

spaces must be capable of being reached

by at least 2 streams of water, each of

which must 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 must be numbered as required

by § 196.37–15 of this subchapter.

* * * * *

(i) Each fire hydrant must have at

least 1 length of firehose. Each firehose

must have a combination solid stream

and water spray nozzle that is approved

under subpart 162.027 of this

subchapter, except 19 millimeters (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) When the firehose nozzle in the

below locations was previously

approved under subpart 162.027 of this

chapter, a low-velocity water spray

applicator, also previously approved

under subpart 162.027, of this chapter

must be installed as follows:
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 26013

(1) At least 1 length of firehose on

each fire hydrant outside and in the

immediate vicinity of each laboratory;

(2) Each firehose in each propulsion

machinery space containing 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 meters (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.

* * * * *

159. Section 193.10–90 is revised to

read as follows:

§ 193.10–90 Installations contracted for

prior to March 1, 1968.

Installations contracted for prior to

March 1, 1968, must meet the following

requirements:

(a) Except as specifically modified by

this paragraph, vessels must comply

with the requirements of §§ 193.10–5

through 193.10–15 insofar as the

number and general type of equipment

is concerned.

(b) Existing equipment, except

firehose 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

must meet the applicable requirements

in this subpart for new installations.

(c) Vessels must comply with the

general requirements of § 193.10–5 (c)

through (g), § 193.10–10 (d) through (m),

and § 193.10–15 insofar as is reasonable

and practicable.

(d) Each firehose nozzle must meet

§ 193.10–10(i), and each low-velocity

water spray applicator must meet

§ 193.10–10(j).

PART 196—OPERATIONS

160. The authority citation for part

196 continues to read as follows:

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

2113, 3306, 5115, 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 (§ 196.03–1)—

[Removed]

161. Subpart 196.03 consisting of

§ 196.03–1 is removed.

Subpart 196.17 (§ 196.17–1)—

[Removed]

162. Subpart 196.17 consisting of

§ 196.17–1 is removed.

Subpart 196.18 (§ 196.18–1)—

[Removed]

163. Subpart 196.18 consisting of

§ 196.18–1 is removed.

Subpart 196.23 (§ 196.23–1)—

[Removed]

164. Subpart 196.23 consisting of

§ 196.23–1 is removed.

§ 196.27–10 [Removed]

165. Section 196.27–10 is removed.

166. Subpart 196.33 consisting of

§ 196.33–1 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 than 46

meters (150 feet) a fixed means of

facilitating communication between

both ends of the vessel, such as a raised

fore and aft bridge or side tunnels, must

be provided. Previously approved

arrangements may be retained so long as

they are maintained in good condition

to the satisfaction of the Officer in

Charge, Marine Inspection.

167. 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 must be kept available for a

review for a period of 1 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 a official logbook, shall

maintain, on aboard, 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 must be kept

available for review by a marine

inspector for a period of 1 year after the

date to which the records refer. Separate

records of tests and inspections of fire

fighting equipment must be maintained

with the vessel’s logs for the period of

validity of the vessel’s certificate of

inspection.

§ 196.35–10 [Removed]

168. Section 196.35–10 is removed.

§ 196.37–45 [Removed]

169. Section 169.37–45 is removed.

170. Subpart 196.43 consisting of

§§ 196.43–1 and 196.43–5 is revised to

read as follows:

Subpart 196.43—Placard of Lifesaving

Signals

Sec.

196.43–1 Application.

196.43–5 Availability.

Subpart 196.43—Placard of Lifesaving

Signals

§ 196.43–1 Application.

The provisions of this subpart 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 must 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 must be

used by vessels or persons in distress

when communicating with lifesaving

stations and maritime rescue units.

Subpart 196.60 (§ 196.60–1)—

[Removed]

171. Subpart 196.60 consisting of

§ 196.60–1 is removed.

Subpart 196.75 (§ 196.75–1)—

[Removed]

172. Subpart 196.75 consisting of

§ 196.75–1 is removed.

Dated: May 10, 1996.

J.C. Card,

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

Marine Safety and Environmental Protection.

[FR Doc. 96–12428 Filed 5–22–96; 8:45 am]

BILLING CODE 4910–14–M