Commercial Fishing Vessels Dispensing Petroleum Products, 49261-49270 [2014-19142]
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FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Jack Kemerer, Fishing
Vessel Safety Division (CG–CVC–3),
Office of Commercial Vessel
Compliance (CVC), U.S. Coast Guard;
telephone 202–372–1249, email
Jack.A.Kemerer@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl
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49261
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Table of Contents for Preamble
46 CFR Part 105
[Docket No. USCG–2013–0195]
RIN 1625–AC18
Commercial Fishing Vessels
Dispensing Petroleum Products
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes
revisions to its regulations for
commercial fishing vessels carrying
flammable or combustible liquid cargoes
in bulk. The proposed revisions would
reflect a 1984 statutory change that
eliminated fishery-specific and
geographical limitations on a statutory
exemption that, effectively, permits
certain commercial fishing vessels to
carry and dispense flammable and
combustible material including
petroleum products; additionally, this
proposed revision would simplify
regulatory text. This notice of proposed
rulemaking promotes the Coast Guard’s
maritime safety mission.
DATES: Comments and related material
must be submitted on or before
November 18, 2014.
ADDRESSES: Submit comments using one
of the listed methods, and see
SUPPLEMENTARY INFORMATION for more
information on public comments.
• Online—https://www.regulations.gov
following Web site instructions.
• Fax—202–493–2251.
• Mail or hand deliver—Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Hand
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SUMMARY:
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II. Abbreviations
I. Public Participation and Request for
Comments
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Proposed Rule
VI. Incorporation by Reference
VII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
CFV Commercial fishing vessel
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
MSM Coast Guard’s Marine Safety Manual
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
§ Section symbol
U.S.C. United States Code
I. Public Participation and Request for
Comments
We encourage you to submit
comments (or related material) on this
notice of proposed rulemaking (NPRM).
We will consider all submissions and
may adjust our final action based on
your comments. Comments should be
marked with docket number USCG–
2013–0195 and should provide a reason
for each suggestion or recommendation.
You should provide personal contact
information so that we can contact you
if we have questions regarding your
comments; but please note that all
comments will be posted to the online
docket without change and that any
personal information you include can be
searchable online (see the Federal
Register Privacy Act notice regarding
our public dockets, 73 FR 3316, Jan. 17,
2008).
Mailed or hand-delivered comments
should be in an unbound 81⁄2 x 11 inch
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III. Basis and Purpose
The statutory basis of this proposed
rule is provided by 33 U.S.C. 1321(j)(5),
46 U.S.C. 2103, 3306, 3703, and 4502.
In 33 U.S.C.—
• Section 1321(j)(5) of 33 U.S.C.
authorizes the Secretary of the
department in which the Coast Guard is
operating to issue regulations that
require certain vessel and facility
owners or operators to submit plans for
responding to bulk noxious liquid
substance spills from the vessel or
facility.
In 46 U.S.C.—
• Section 2103 gives the Secretary
general regulatory authority to
implement Subtitle II (Chapters 21
through 147), including Chapter 37
(Carriage of Liquid Bulk Dangerous
Cargoes);
• Section 3306 requires the Secretary
to regulate in several areas relating to
inspected vessels, to implement Subtitle
II, Part B (Inspection of Vessels), and to
secure the safety of individuals and
property on board vessels subject to
inspection;
• Section 3703 gives the Secretary
both mandatory and discretionary
regulatory authority for the specific
implementation of Chapter 37; and
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• Section 4502 requires the Secretary
to regulate safety standards on
uninspected commercial fishing vessels.
The Secretary’s authority under 33
U.S.C. 1321 was delegated to the Coast
Guard in DHS Delegation No. 0170.1,
para. II (73). The Secretary’s authority
under 46 U.S.C. 2103, 3306, 3703, and
4502 was delegated to the Coast Guard
in DHS Delegation No. 0170.1, para. II
(92)(a) and (92)(b).
The purpose of this proposed rule is
to align Coast Guard regulations with a
1984 statutory change that eliminated
fishery-specific and geographical
limitations on a statutory exemption
that, effectively, permits certain
commercial fishing vessels to carry and
dispense flammable and combustible
material including petroleum products.
The proposed rule would also simplify
the structure of 46 CFR part 105.
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IV. Background
Until 1968, 46 U.S.C. 391a(1) (the
predecessor to 46 U.S.C. 3703),
provided that vessels carrying
inflammable or combustible cargo, in
bulk and in tanks, must be ‘‘considered
steam vessels for the purposes of title 52
of the Revised Statutes [hereafter ‘‘title
52 vessels’’] and shall be subject to the
provisions thereof . . .’’.
In 1968, Congress enacted Public Law
90–397 (the ‘‘1968 Act,’’ 82 Stat. 341).
Section 4 of the 1968 Act amended 46
U.S.C. 391a(1) to permit all ‘‘cannery
tenders, fishing tenders, or fishing
vessels of not more than five hundred
gross tons used in the salmon or crab
fisheries’’ of Alaska, Oregon, and
Washington (hereafter ‘‘1968 Act
vessels’’) ‘‘to have on board inflammable
or combustible cargo in bulk to the
extent and upon conditions as may be
required’’ by Coast Guard regulations
(rather than as title 52 vessels). The
relevant Coast Guard regulations for
these Public Law 90–397 vessels were
added in 1969, as 46 CFR part 105. Part
105 allowed the 1968 Act vessels to
carry and dispense liquid bulk
dangerous cargoes, subject to the safety
regulations and other conditions set
forth in part 105.
In 1972, Congress enacted Public Law
92–340 (the ‘‘1972 Act,’’ 86 Stat. 424).
It significantly rewrote and expanded 46
U.S.C. 391a. Former subsection (1) was
redesignated as subsection (2). As
redesignated, subsection (2) contained
the following proviso: ‘‘nothing
contained herein shall be deemed to
amend or modify the provisions of
section 4 of Public Law 90–397 with
1 Public
Law 92–340, 86 Stat. 424 at 428.
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respect to certain vessels of not more
than five hundred gross tons.’’ 1 This
proviso ratified and preserved the 1968
Act’s exemption for all cannery tenders,
fishing tenders, or fishing vessels of not
more than five hundred gross tons used
in the salmon or crab fisheries of
Alaska, Oregon, and Washington.
In 1974, Congress enacted Public Law
93–430 (the ‘‘1974 Act,’’ 88 Stat. 1180).
It amended 46 U.S.C. 391a(2) in two
pertinent respects. First, it repeated the
1972 Act’s language and added it as new
subsection (2)(ii): ‘‘nothing contained
herein shall be deemed to amend or
modify the provisions of section 4 of
Public Law 93 [sic]–397 with respect to
certain vessels of not more than five
hundred gross tons.’’ 2 Second, it added
new subsection (2)(iii): ‘‘this section
shall not apply to vessels of not more
than five thousand gross tons used in
the processing and assembling of fishery
products [in Alaska, Oregon, and
Washington] and such vessels shall be
allowed to have onboard inflammable or
combustible cargo in bulk to the extent
and upon conditions’’ as specified by
the Coast Guard.3
Thus, the 1974 Act left in place the
exemption, first added by the 1968 Act,
for all salmon and crab fish tenders and
fishing vessels of not more than 500
gross tons in Alaska, Oregon, and
Washington, and added a new
exemption for all fish processing vessels
of not more than 5,000 gross tons in
those three States.
In 1976, the Coast Guard revised 46
CFR part 105 to incorporate the changes
made by the 1972 and 1974 Acts.
In 1983, Congress enacted Public Law
98–89 (the ‘‘1983 revision,’’ 97 Stat.
501), to revise and consolidate laws
pertaining to vessels and seamen,
placing the revised statutes in 46 CFR
subtitle II. The House Report
accompanying the 1983 revision stated:
‘‘the bill as reported does in fact make
a great many substantive changes to the
present law. Those changes are all either
minor changes, adjustments, or
modifications, or they are more
significant changes to which the
committee received no objection [from
the maritime community] and which the
committee believed would enhance the
clarity and effectiveness of the law and
generally accepted by the industry.
Thus, if a comparison of the language of
this bill with the existing law shows
that a substantive change has resulted,
it should be understood that that change
was intended by the committee.’’ 4
2 88 Stat. 1180 at 1183; the reference to ‘‘Public
Law 93–397’’ was presumably intended to cite
Public Law 90–397.
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The 1983 revision redesignated the
former provisions of 46 U.S.C.
391a(2)(ii) and (iii) as new 46 U.S.C.
3702(c) and (d), in new Chapter 37
(Carriage of Liquid Bulk Dangerous
Cargoes). The new provisions removed
Pacific Northwest fish tenders and
fishing vessels of not more than 500
gross tons and engaged only in the
salmon or crab fishing industry from the
scope of Chapter 37. They preserved the
existing exemption for Pacific
Northwest fish processing vessels of not
more than 5,000 gross tons, engaged in
the salmon or crab fishing industry,
when they are carrying flammable or
combustible liquid cargo in bulk. In
light of the House Report that
accompanied the 1983 revision, the
Coast Guard understands that the
removal of 1968 Act vessels was
intentional, and viewed by Congress as
non-controversial.
In 1984, Congress enacted Public Law
98–364 (the ‘‘1984 Act,’’ 98 Stat. 446).
It amended 46 U.S.C. 3702(c) and (d).
This amendment removed the salmon/
crab fishery and geographical
specifications from subsections (c) and
(d). There appears to have been no
practical effect to the subsection (c)
amendment, because neither by statute
nor by regulation had commercial
fishing vessels outside the Pacific
Northwest ever been authorized to carry
flammable or combustible liquid cargoes
in bulk. The effect of the subsection (d)
amendment was to permit fish
processors under 5,000 gross tons to
carry flammable or combustible liquid
cargo in bulk anywhere in the country
and in any fishery, not just in the Pacific
Northwest salmon and crab fisheries.
There is no legislative history to explain
Congress’s intent.
The Coast Guard has not amended 46
CFR part 105 since 1976. The part needs
to be revised to align with the 1984
Act’s removal of elimination of the
salmon/crab fishery and geographical
specifications. The opportunity to revise
part 105 also allows us to consolidate,
simplify, and reorganize the part. We
discuss these changes more fully in
Section V., Discussion of Proposed Rule.
V. Discussion of Proposed Rule
We propose revising 46 CFR part 105
to reflect the 1984 legislative changes.
Also, we propose several nonsubstantive changes in regulatory text to
better align the regulations with current
Coast Guard practice. Finally, we
propose simplifying the structure of part
105, eliminating its current subparts,
3 Id.
4 H.R.
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and combining related subject matter, as
shown in Table 1.
TABLE 1—PROPOSED RESTRUCTURING OF 46 CFR PART 105
Current 46 CFR §
105.01–1
105.01–3
105.01–5
105.05–1
105.05–2
105.05–3
105.05–5
...............
...............
...............
...............
...............
...............
...............
105.05–10 .............
105.10–5 ...............
105.10–10 .............
105.10–15 .............
105.10–20 .............
105.10–25 .............
105.15–1 ...............
105.15–5 ...............
105.15–10 .............
105.15–15 .............
105.15–20 .............
105.20–1 ...............
105.20–3 ...............
105.20–5 ...............
105.20–10 .............
105.20–15 .............
105.25–1 ...............
105.25–5 ...............
105.25–7 ...............
105.25–10 .............
105.25–15 .............
105.25–20 .............
105.30–1 ...............
105.30–5 ...............
105.35–1 ...............
105.35–5 ...............
105.35–10 .............
105.35–15 .............
105.45–1(a)(1),
(a)(2).
105.45–1(b) ...........
105.45–5 ...............
105.45–10 .............
105.45–15 .............
105.45–20 .............
105.90–1 ...............
Proposed new §
105–1.
105–3.
Transfer substance to proposed § 105–1 and remove to help simplify part 105 structure.
105–1, 105–11.
105–11.
Transfer substance to proposed § 105–5 and remove to help simplify part 105 structure.
Section 105.05–5 specifies in positive terms how petroleum products must be stored on vessels. This may be unduly restrictive. Therefore, we propose replacing it with § 105–11, which instead would specify only those types of storage that
are prohibited.
Transfer substance to proposed §§ 105–1 and 105–11, and remove to help simplify part 105 structure.
105–5.
105–5.
105–5.
105–5.
Remove definition of ‘‘commercial fishing vessel’’ as obsolete in light of the 1984 Act. Proposed § 105–5 includes a definition of ‘‘commercial fish-processing vessel,’’ the only type of vessel to which part 105 is still applicable.
105–10.
105–10.
105–10.
105–10.
105–10.
105–10.
105–12.
105–12.
105–12.
105–12.
105–12.
105–12.
105–12.
105–12.
105–12.
105–12.
105–13.
105–13.
105–14.
105–14.
105–14.
105–14.
105–10.
New specific requirements for cargo transfer operations appear in proposed § 105–15. We propose removing § 105.45–1(b)
because its merchant-mariner credentialing provisions duplicates of existing requirements in 46 CFR Subchapter B (Merchant Marine Officers and Seamen).
105–15.
105–15.
105–15.
105–15.
105–12(i), 105–13(d).
The changes we propose within each
section of part 105 and the reasons for
each proposed change are listed in
Table 2.
TABLE 2—SUBSTANTIVE CHANGES PROPOSED FOR 46 CFR PART 105
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46 CFR—Proposed § & subject
105–1
Purpose and applicability ..
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Proposed change
Revise to align with 1984 Act and implement 46 U.S.C. 3702(d). Part 105 would apply to section 3702(d)
commercial fish processors built since 1976 and not greater than 5,000 gross tons, but would no longer
apply to commercial fishing industry vessels of 500 gross tons or less.
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TABLE 2—SUBSTANTIVE CHANGES PROPOSED FOR 46 CFR PART 105—Continued
46 CFR—Proposed § & subject
105–3
Incorporation by reference
105–5
Definitions ..........................
105–10
Vessel examinations .......
105–11
Prohibitions ......................
105–12 Cargo tank and pumping
system requirements.
105–13 Electrical fittings and fixtures.
105–14 Fire extinguishing equipment.
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105–15
Cargo transfer operations
Proposed change
Revise section to reference UL 19 and an updated version of ASTM 323. Existing regulations for fire
hoses (46 CFR 105.35–15(c)(1)) tie regulatory compliance to UL 19 but do not officially incorporate it by
reference. In order to enforce compliance with UL 19, the Coast Guard must incorporate the standard
into regulation (per requirements of the Office of the Federal Register). ASTM 323 is incorporated not to
impose any regulatory obligation on the public, but merely to provide a currently available industry standard that usefully defines ‘‘Reid vapor pressure’’ (which is a term used in the proposed revision of part
105).
The Coast Guard specifically requests public comment on these proposed incorporations and on whether
other standards should be incorporated in place of or in addition to UL 19 and ASTM 323.
Add definitions for ‘‘bulk,’’ ‘‘cargo,’’ ‘‘certificate of compliance,’’ ‘‘commercial fish-processing vessel,’’ ‘‘dispensing,’’ ‘‘dispensing tank,’’ ‘‘examination,’’ ‘‘fuel tank,’’ ‘‘limited quantities,’’ and ‘‘new vessel,’’ all of
which are terms used in the proposed part 105 revision. These definitions are derived either from existing Coast Guard regulations or from our Marine Safety Manual (MSM). The definition of ‘‘limited quantities’’ uses a ‘‘20% of deadweight tonnage’’ standard; this represents no change from the current standard for CFVs and other ‘‘miscellaneous vessels,’’ as stated in MSM volume II, chapter 2. The definition
of ‘‘new vessel’’ reflects the impact of the 1974 act, which added the fish processing vessel provision,
and the 1984 act, which removed the salmon/crab fishery and geographical limitations.
Replace the term ‘‘vessel inspections’’ with ‘‘vessel examinations.’’ In the context of part 105, the former
term was never proper. Examinations, not inspections, are and have always been the customary Coast
Guard enforcement mechanism for CFVs.
The only substantive change is to replace § 105.05–5’s positive specifications as to how petroleum products must be stored on vessels with a specification of what storage arrangements are prohibited. Positive statement of what is allowed may be unduly restrictive, because it leaves no regulatory room for the
future evolution of safe storage arrangements. Therefore, our proposed rule’s focus is on prohibiting existing arrangements that we know to be unsafe.
The proposed requirements are substantially similar to those now contained in subparts 105.20, 105.25,
and 105.90 (requirements for plans and sketches would be transferred to new § 105–10), but they are
presented in a shorter format that in some cases eliminates or simplifies details found in those subparts.
The proposed requirements are substantively identical to those now contained in subparts 105.30 and
105.90, but they are presented in a shorter format that in some cases eliminates or simplifies details
found in those subparts.
The proposed requirements are substantially similar to those now contained in subpart 105.35, but they
are presented in a shorter format that in some cases eliminates or simplifies details found in those subparts.
The proposed requirements are substantially similar to those now contained in subpart 105.45, but they
are presented in a shorter format that in some cases eliminates or simplifies details found in those subparts, and they eliminate documentation requirements that appear elsewhere in the proposed revised
part or that duplicate provisions of 46 CFR Subchapter B (Merchant Marine Officers and Seamen).
VI. Incorporation by Reference
Material proposed for incorporation
by reference appears in proposed 46
CFR 105–3. See ADDRESSES for
information on viewing this material.
Copies of the material are available from
the sources listed in proposed 46 CFR
105–3. Before publishing a binding rule,
we will submit this material to the
Director of the Federal Register for
approval of the incorporation by
reference.
This NPRM proposes incorporating
two standards: UL 19 and an updated
version of ASTM 323. The Coast Guard
specifically requests public comment on
these proposed incorporations and on
whether other standards should be
incorporated in place of or in addition
to UL 19 and ASTM 323.
VII. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on these statutes and
E.O.s.
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A. Regulatory Planning and Review
Executive Orders 12866, Regulatory
Planning and Review and 13563,
Improving Regulation and Regulatory
Review direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health, safety
effects, distributive impacts, and equity
benefits). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This
proposed rule has not been designated
a ‘‘significant regulatory action’’ under
section 3(f) of E.O. 12866. Accordingly,
the proposed rule has not been reviewed
by the Office of Management and
Budget (OMB).
The Coast Guard does not expect this
proposed rule to result in any economic
impact on industry. The proposed
revisions would reflect 1984 statutory
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changes, simplify regulatory text, and
clarify existing language in order to
harmonize the existing regulations with
current industry practices. We estimate
that 14 commercial fish processing
vessels would be affected by this
proposed rulemaking and we obtained
this number by using the Coast Guard’s
Marine Information Safety and Law
Enforcement System (MISLE) database.
Additionally, Coast Guard subject
matter experts working in the Office of
Commercial Vessel Compliance (CVC–
3), have independently verified and
confirmed the total affected population
to be 14 vessels. Our analysis of this
population shows that all the
commercial fish processing vessels
affected by this proposed rule are fitted
with storage tanks that allow them to
transport liquid cargoes in bulk.
It is the intent of this proposed rule
to clarify and update existing CFR
language to align with current industry
practices. The updates in this proposed
rulemaking do not require changes to
industry practices because these
updates simply reflect current industry
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practices; therefore, this proposed rule
does not incur any cost on the affected
population. Table 2 (earlier in this
preamble) lists the proposed changes
and we summarize the proposed
changes and the economic impact of
this proposed rule in the following
paragraphs:
105–1 Purpose and Applicability
This provision has been revised to
align with the 1984 Act and to
implement 46 U.S.C. 3702(d). Part 105
would apply to section 3702(d)
regarding commercial fish processing
vessels not greater than 5,000 gross tons
and built after 1976. The Coast Guard
and industry have been operating in
accordance with the 1984 Act and 46
U.S.C. Additionally, the 1984 Act
removed the geographical limitations
which were restricted to the States of
Washington, Alaska, and Oregon and
this provision is updating current CFR
language to reflect these statutory
changes. We do not expect this
provision to change industry operations
and believe it should have no economic
impact on industry.
105–3 Incorporation by Reference
We are revising this section to
reference UL 19 and the updated
version of ASTM 323. The revised
section would comply with current
Office of Federal Register requirements
and this update would link existing
regulatory compliance standards for fire
hoses (46 CFR 105.35–15 (c) (1)) to UL
19. We have incorporated ASTM 323
simply to reference the current industry
standards that define ‘‘Reid Vapor
Pressure’’. The language in this
provision would not cause any
economic impact.
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105–5 Definitions
The proposed rule updates the
definitions that are required to identify
the population of commercial fish
processing vessels transporting and
dispensing limited quantities of
flammable or combustible liquid cargo
in bulk. This provision would not cause
any economic burden to industry
because it is simply clarifying, not
changing, the criteria that are applicable
to the affected population.
105–10 Vessel Examinations
The change in language from ‘‘vessel
inspection’’ to ‘‘vessel examination’’ is a
technical change that is consistent with
the Coast Guard’s terminology related to
commercial fishing vessels. The term
inspection is typically used to describe
Coast Guard activities related to vessels
that require a Certificate of Inspection
(COI). Similar activities on vessels not
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required to hold a COI, such as
commercial fishing vessels, are typically
referred to as examinations. The change
is solely to provide consistency and
would not produce any economic
burden on industry.
105–11 Prohibition
There is one substantive change to
this section, which is to replace
§ 105.5’s specifications on how
petroleum products must be stored on
vessels with a specification of what
storage arrangements are prohibited.
Positive statements of what storage
arrangements are allowed may be
unduly restrictive, because these
statements leave no room for the future
evolution of safe storage arrangements.
This provision would not cause an
economic burden on industry since the
provision is simply stating the Coast
Guard’s authority to review and address
any safety concerns with the storage and
transportation of petroleum products.
105–12 Cargo Tanks and Pumping
System Requirement
This provision would consolidate the
requirements for plans and drawings
which are now found in subparts
105.20, 105.25, and 105.90, in the new
§ 105–10. These editorial changes will
shorten the current format by
simplifying details found within
subparts 105.20, 105.25, and 105.90.
These editorial changes would not cause
an economic burden on the affected
population.
105–13 Electrical Fitting and Fixtures
This provision is an editorial change
that consolidates and simplifies existing
subparts 105.30 and 105.90 to reflect the
statutory changes by shorting the format
and by simplifying specific details
found within these subparts. The
change proposed in this provision
would not cause any economic burden
on the affected population.
105–14 Fire Extinguishing Equipment
The proposed provision will shorten
the format and simplify details found in
subpart 105.35. This provision would
not cause an economic burden on the
affected population since the changes
proposed in this provision are editorial.
105–15 Cargo Transfer Operations
The proposed changes in this subpart
will shorten the format and simplify
language of existing part 105.45. This
provision will also eliminate
documentation requirements that
appear elsewhere in the subpart. These
requirements are duplicates of the
provisions found in 46 CFR subchapter
B (Merchant Marine officers and
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49265
Seaman). This provision does not cause
an economic burden on the affected
population since the changes proposed
in this provision are editorial in nature.
B. Small Entities
Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000. This
regulation does not impose any
economic impact. Therefore, the Coast
Guard certifies under 5 U.S.C. 605(b)
that this proposed rule would not have
a significant economic impact on a
substantial number of small entities. If
you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment to the Docket
Management Facility at the address
under ADDRESSES. In your comment,
explain why you think it qualifies and
how and to what degree this rule would
economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, contact the
Coast Guard (see FOR FURTHER
INFORMATION CONTACT). The Coast Guard
will not retaliate against small entities
that question or complain about this
rule or any policy or action of the Coast
Guard.
D. Collection of Information
This proposed rule calls for no new
collection of information under the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501–3520.
E. Federalism
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
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responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
as described in Executive Order 13132.
Our analysis is explained below.
It is well settled that States may not
regulate in categories reserved for
regulation by the Coast Guard, including
categories for inspected vessels. It is
also well-settled, now, that all of the
categories covered in 46 U.S.C. 3306,
3703, 7101, and 8101 (design,
construction, alteration, repair,
maintenance, operation, equipping,
personnel qualification, and manning of
vessels), as well as the reporting of
casualties and any other category in
which Congress intended the Coast
Guard to be the sole source of a vessel’s
obligations, are within the field
foreclosed from regulation by the States.
(See the decision of the Supreme Court
in the consolidated cases of United
States v. Locke and Intertanko v. Locke,
529 U.S. 89, 120 S.Ct. 1135 (March 6,
2000).)
This proposed rule would amend the
applicability of existing regulations in
order to align with the statutory
authority granted, through delegation, to
the Coast Guard under 46 U.S.C. 3306,
and further outlined under 46 U.S.C.
3702, to promulgate regulations for
commercial fish-processing vessels
when carrying flammable or
combustible liquid cargoes in bulk. This
authority was specifically defined by
Congress and, hence, States and local
governments do not have the authority
to determine the applicability of Coast
Guard-issued regulations for
commercial fish-processing vessels, nor
do they have the authority to
promulgate regulations within the
category of commercial fish-processing
vessels carrying flammable or
combustible liquid cargoes in bulk.
Therefore, the proposed rule would be
consistent with the principles of
federalism and preemption
requirements in E.O. 13132.
While it is well settled that States may
not regulate in categories in which
Congress intended the Coast Guard to be
the sole source of a vessel’s obligations,
the Coast Guard recognizes the key role
that State and local governments may
have in making regulatory
determinations. Additionally, for rules
with federalism implications and
preemptive effect, E.O. 13132
specifically directs agencies to consult
with State and local governments during
the rulemaking process. If you believe
this rule would have implications for
federalism under E.O. 13132, please
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contact the person listed in the FOR
section of
this preamble.
FURTHER INFORMATION CONTACT
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1531–1538, requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
G. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under E.O.
12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
H. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule
under E.O. 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This proposed
rule is not an economically significant
rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
J. Indian Tribal Governments
This proposed rule does not have
tribal implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
would not have a substantial direct
effect on one or more Indian tribes, on
the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule
under E.O. 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use. We
have determined that it is not a
‘‘significant energy action’’ under that
order because it is not a ‘‘significant
regulatory action’’ under E.O. 12866 and
is not likely to have a significant
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adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer
and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through
OMB, with an explanation of why using
these standards would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) that are
developed or adopted by voluntary
consensus standards bodies.
This proposed rule uses the following
voluntary consensus standards: ASTM
D 323–94 and UL 19. The proposed
sections that reference these standards
and the locations where these standards
are available are listed in 46 CFR 105–
3.
M. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969, 42
U.S.C. 4321–4370f, and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under the ‘‘Public Participation and
Request for Comments’’ section of this
preamble. This proposed rule is likely to
be categorically excluded under section
2.B.2, figure 2–1, paragraph (34)(d) and
(e) of the Instruction and 6(a) of Coast
Guard Procedures for Categorical
Exclusions published July 23, 2002 (67
FR 48243). This proposed rule involves
regulations concerning vessel operation
safety standards; regulations concerning
equipment approval and carriage
requirements; and regulations
concerning the examination of and
equipping of vessels. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Proposed Rules
List of Subjects in 46 CFR Part 105
Cargo vessels, Fishing vessels,
Hazardous materials transportation,
Marine safety, Petroleum, Seamen.
For the reasons discussed in the
preamble, the Coast Guard proposes to
revise 46 CFR part 105 to read as
follows:
PART 105—COMMERCIAL FISHING
VESSELS DISPENSING PETROLEUM
PRODUCTS
Sec.
105–1 Purpose and applicability.
105–3 Incorporation by reference.
105–5 Definitions.
105–10 Vessel examination.
105–11 Prohibitions.
105–12 Cargo tank and pumping system
requirements.
105–13 Electrical fittings and fixtures.
105–14 Fire extinguishing equipment.
105–15 Cargo transfer operations.
§ 105–5
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2103, 3306, 3703, 4502; Department of
Homeland Security Delegation No. 0170.1,
para. II (73), (93)(a) and (b).
§ 105–1
Purpose and applicability.
This part implements 46 U.S.C.
3702(d) and applies to each vessel of not
more than 5,000 gross tons, the primary
use of which is as a commercial fishprocessing vessel, and that incidental to
its primary use, carries and dispenses
limited quantities of flammable or
combustible liquid cargo in bulk.
Certain provisions in 46 CFR 105–12
apply only to vessels the construction of
which was contracted for before May 31,
1976.
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§ 105–3
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 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 National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030 or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. Also, it is available
for inspection at Coast Guard
Headquarters. Contact Commandant
(CG–CVC), Attn: Office of Commercial
Vessel Compliance, U.S. Coast Guard
Stop 7501, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593–
7501; telephone 202–372–1244. The
material is also available from the
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sources listed in paragraphs (b) and (c)
of this section.
(b) ASTM International, 100 Barr
Harbor Drive, West Conshohocken, PA
19428–2959, telephone: 610–832–9500,
fax: 610–832–9555, https://
www.astm.org.
(1) ASTM D 323–08, ‘‘Standard Test
Method for Vapor Pressure of Petroleum
Products (Reid Method),’’ incorporation
by reference approved for § 105–5.
(2) [Reserved]
(c) UL (formerly Underwriters
Laboratories, Inc.), 12 Laboratory Drive,
Research Triangle Park, NC 27709–3995,
919–549–1400, https://www.ul.com.
(1) UL 19, ‘‘Standard for Safety-Lined
Fire Hose and Hose Assemblies,’’
incorporation by reference approved for
§ 105–14.
(2) [Reserved]
Definitions.
As used in this part, the italicized
terms have the meanings indicated in
this section.
Approved means approved by the
Commandant, U.S. Coast Guard, unless
otherwise stated.
Bulk means having a capacity of 250
barrels or more.
Cargo means any combustible liquid
or flammable liquid that is transported
and off-loaded at a destination by a
commercial fish-processing vessel. It
does not include combustible or
flammable liquid carried in temporary
tanks or permanently installed tanks for
use only by machinery and boats carried
aboard the vessel, or for use only by
vessels that are directly supporting the
vessel’s primary operations.
Certificate of compliance means the
document issued and displayed in
accordance with 46 CFR 105–10.
Combustible liquid means any liquid
having a flashpoint above 80 °F (as
determined from an open cup tester, as
used for testing of burning oils). A
Grade D combustible liquid is one
having a flashpoint above 80 °F and
below 150 °F. A Grade E combustible
liquid is one having a flashpoint of 150
°F or above.
Commercial fish-processing vessel
means a self-propelled manned vessel
that commercially prepares fish or fish
products other than by gutting,
decapitating, gilling, skinning,
shucking, icing, freezing, or brine
chilling.
Dispensing means the loading or
unloading of limited quantities of
flammable or combustible liquids in
bulk.
Dispensing tank means any tank from
which a limited quantity of a flammable
or combustible liquid, in bulk, that is
not used to supply fuel for vessel
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propulsion or auxiliary machinery is
off-loaded by means of pumping,
gravitation, or displacement.
Examination means a careful and
critical assessment of the vessel and its
appurtenances carried out by an
authorized examiner or an organization
designated by the Commandant, U.S.
Coast Guard. This includes, where
necessary, a visual assessment of the
vessel’s hull, structures, electrical
systems, and machinery, supplemented
by other means such as measurement
and/or nondestructive testing.
Flammable liquid means any liquid
that gives off flammable vapors (as
determined by flashpoint from an open
cup tester, as used for testing of burning
oils) at or below 80 °F. Flammable
liquids are referred to by grades as
follows:
(1) Grade A. Any flammable liquid
having a Reid vapor pressure of 14
pounds or more, as measured in
accordance with ASTM D 323–08
(incorporated by reference, see § 105–3).
(2) Grade B. Any flammable liquid
having a Reid vapor pressure of less
than 14 pounds and more than 81⁄2
pounds, as measured in accordance
with ASTM D 323–08.
(3) Grade C. Any flammable liquid
having a Reid vapor pressure of 81⁄2
pounds or less and a flashpoint of 80 °F
or below, as measured in accordance
with ASTM D 323–08.
Fuel tank means a tank other than a
dispensing tank used to transport
flammable or combustible liquid for the
purpose of supplying fuel for
propulsion of the vessel to which it is
attached.
Limited quantities means not more
than 20 percent of a vessel’s deadweight
tonnage as applied to bulk liquid
cargoes or carried in permanent or
temporary tanks.
New vessel means a vessel whose
construction is contracted for on or after
May 31, 1976.
Pressure vacuum relief valve means
any device or assembly of a mechanical,
liquid, weight, or other type used for the
automatic regulation of pressure or
vacuum in enclosed places.
§ 105–10
Vessel examination.
(a) Each examination referred to in
this section must be conducted by the
Coast Guard, or an accepted or similarly
qualified organization designated by the
Commandant, to determine whether the
examined vessel is in substantial
compliance with this part. An
examination may include any test or
verification that the examiner deems
necessary for determining the vessel’s
safety and seaworthiness.
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(1) The owner or operator of each
vessel subject to this part must apply,
using Form CG–3752, available at https://
www.uscg.mil/forms/cg/cg_3752.pdf, to
the cognizant Officer in Charge, Marine
Inspection, for the vessel to be
examined in accordance with paragraph
(b) of this section. In applying for a
vessel’s initial examination under this
section, the application must be
accompanied by a plan or sketch of each
cargo tank and piping system for filling
and dispensing bulk flammable or
combustible cargoes, and a brief
description of those systems, including
their dimensions and materials used. If
cargo tanks will be located in enclosed
compartments or below decks, the plans
or sketches must show the proposed
ventilation system. Plans or sketches
need not be submitted if the cargo tanks
and piping systems have previously
been accepted by the Coast Guard.
(2) Each vessel must be examined
before its first use in loading,
transporting, or dispensing combustible
or flammable liquids in bulk, and at
least annually thereafter if the vessel
carries such liquids in temporarily
installed cargo tanks or containers, or at
least biennially thereafter if the vessel
carries such liquids in permanently
installed cargo tanks.
(3) A vessel that is laid up,
dismantled, or out of commission is
exempt from the requirements of this
section.
(b) After examining a vessel and
finding it to be in substantial
compliance with this part, the examiner
will issue, and the vessel’s owner or
operator must display onboard, a
certificate of compliance that describes
the amounts of bulk liquid flammable or
combustible cargoes that the vessel may
carry, the number of crewmembers
required to hold merchant mariner
credentials and tankerman
endorsements in accordance with 46
U.S.C. 8304 and 46 CFR part 13, and
any conditions applicable to the carriage
or dispensation of those cargoes. Each
certificate of compliance is valid for not
more than 2 years or until suspended or
revoked.
§ 105–11
Prohibitions.
Each vessel to which this part applies
is prohibited from transporting Grade A
flammable liquids in bulk, or carrying
bulk flammable or combustible liquids
in portable or temporarily installed
dispensing tanks or containers that are
either below deck or in closed
compartments on or above deck.
§ 105–12 Cargo tank and pumping system
requirements.
(a) Cargo tanks for the carriage of bulk
flammable or combustible liquids must
be constructed of iron, steel, copper,
nickel alloy, copper alloy, or aluminum.
Tanks must be designed to withstand
the maximum head to which they may
be subjected, and tanks of more than
150 gallons capacity must have at least
the thickness indicated in Table 105–12.
TABLE 105–12—TANK THICKNESS
Thickness in inches and gauge
number 2 3
Material
ASTM specification (latest edition)
Nickel copper ...............................................................
Copper nickel 1 .............................................................
Copper 1 .......................................................................
Copper silicon 1 ............................................................
Steel or iron .................................................................
Aluminum 4 ...................................................................
B127, hot rolled sheet or plate ...................................
B122, Alloy No. 5 ........................................................
B152, Type ETP ..........................................................
B97, Alloys A, B, and C ..............................................
......................................................................................
B209, Alloy ..................................................................
0.107 (USSG 12).
0.128 (AWG 8).
0.182 (AWG 5).
0.144 (AWG 7).
0.179 (MSG 7).
5086 0.250 (USSG 3).5
1 Tanks
fabricated with these materials must not be utilized for the carriage of diesel oil.
gauge numbers used in this table may be found in many standard engineering reference books. The letters ‘‘USSG’’ stand for ‘‘U.S.
Standard Gauge’’ which was established by the act of March 3, 1892 (15 U.S.C. 206) for sheet and plate iron and steel. The letters ‘‘AWG’’
stand for ‘‘American Wire Gauge’’ (or Brown and Sharpe Gauge) for nonferrous sheet thicknesses. The letters ‘‘MSG’’ stand for ‘‘Manufacturers’
Standard Gauge’’ for sheet steel thicknesses.
3 Tanks more than 400 gallons must be designed with a factor of safety of four on the ultimate strength of the tank material used with a design
head of not less than 4 feet of liquid above the top of the tank.
4 Anodic to most common metals. Avoid dissimilar-metal contact with tank body unless galvanically compatible.
5 And other alloys acceptable to the Commandant.
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2 The
(1) All tank joints, connections, and
fittings must be welded or brazed, and
tanks may not have flanged-up top
edges.
(2) A tank exceeding 30 inches in any
horizontal dimension must be fitted
with vertical baffle plates of the same
material as the tank, unless the tank has
a greater thickness than minimum
requirements and is reinforced with
stiffeners. Limber holes at the bottom
and air holes at the top of all baffles
must be provided.
(3) An opening fitted with a threaded
pipe plug may be used on the bottom of
the tank for cleaning purposes.
(b) Supports. Tanks must be
adequately supported and braced to
prevent movement. Supports and braces
must be insulated from contact with the
tank surface using a nonabrasive and
nonabsorbent material.
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(c) Fittings. (1) Filling lines must be
at least 11⁄2 inches standard pipe size
and extend to within 11⁄2 -inch pipe
diameters of the bottom of the tank.
(2) Suction lines from diesel oil tanks
may be taken from the bottom provided
a shutoff valve is installed at the tank.
Tanks for Grades B and C liquids must
have top suctions only.
(3) Vent lines must be at least equal
in size to the filling lines.
(4) When a cargo tank contains Grades
B or C liquids, the vent lines must be
terminated with an approved pressure
vacuum relief valve not less than 3 feet
above the weather deck. When a cargo
tank contains Grades D or E liquids, the
vent line may be terminated with a
gooseneck fitted with a flame screen at
a reasonable height above the weather
deck.
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(d) Hydrostatic tests. Tanks vented to
the atmosphere must be hydrostatically
tested to a pressure of 5 pounds per
square inch or 11⁄2 times the maximum
head to which they may be subjected in
service. A standpipe of 111⁄1 feet in
length attached to the tanks may be
filled with water to accomplish the 5
pounds per square inch test.
(e) Piping systems. (1) Piping must be
copper, nickel copper, or copper nickel,
with a minimum wall thickness of 0.035
inches; except that seamless steel piping
or tubing providing equivalent safety
may be used for diesel cargo systems.
(2) Valves must be of a suitable
nonferrous metallic Union Bonnet type
with ground seats, except that steel or
nodular iron may be used in cargo
systems that use steel pipe or tubing.
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(3) Aluminum or aluminum alloy
valves and fittings may not be used in
cargo lines.
(f) Pumps. (1) Pumps for cargo
dispensing must be of a type satisfactory
for the purpose.
(2) A relief valve must be provided on
the discharge side of the pump if the
pressure under shutoff conditions
exceeds 60 pounds. When a relief valve
is installed, it must discharge back to
the suction of the pump.
(3) Where electric motors are installed
with dispensing pumps, they must be
explosion-proof and so labeled by UL or
another recognized laboratory, as
suitable for Class I, Group D
atmospheres.
(g) Grounding. (1) All tanks and
associated lines must be electrically
grounded to the vessel’s common
ground.
(2) A grounded type hose and nozzle
must be used for dispensing fuels.
(h) Cargo tanks installed below
decks—additional requirements. (1)
Compartments or areas containing tanks
or pumping systems must be closed off
from the remainder of the vessel by
gastight bulkheads. Such gastight
bulkheads may be pierced for a drive
shaft and pump engine control rods if
the openings are fitted with stuffing
boxes or other acceptable gland
arrangements.
(2) Each compartment must be
provided with a mechanical exhaust
system capable of ventilating the
compartment with a complete change of
air every 3 minutes. The intake duct or
ducts must be of a sufficient size to
permit the required air change. The
exhaust duct or ducts must be located
so as to remove vapors from the lower
portion of the space or bilges.
(3) The ventilation outlets must
terminate more than 10 feet from any
opening to the interior of the vessel that
normally contains sources of vapor
ignition. The ventilation fan must be
explosion-proof and unable to act as a
source of ignition.
(4) Cargo pumps must not be installed
in the cargo tank compartment unless
the drive system is outside the
compartment. Suction pipelines from
cargo tanks must be run directly to the
pump, but not through working or crew
spaces of the vessel.
(5) Tanks must be located so as to
provide at least 15 inches of space
around the tank, including top and
bottom, to permit external examination.
(6) Shutoff valves must be provided in
the suction lines as close to the tanks as
possible. Valves must be installed so as
to shut off against the flow. Remote
control of the shutoff valve must be
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provided where the examiner deems
necessary.
(i) Exemption for older vessels. Tanks,
containers, and associated piping
systems in use prior to December 1,
1969, on a vessel whose construction
was contracted for a date before May 31,
1976, are exempt from the requirements
of this section provided they are
maintained in a condition that the
Officer in Charge, Marine Inspection,
finds satisfactory, and provided that
major repairs or replacement of
exempted equipment and systems is in
accordance with this part.
§ 105–13
Electrical fittings and fixtures.
(a) In compartments or areas
containing tanks or pumps handling
petroleum products other than Grade E
products, no electrical fittings, fixtures,
or equipment may be installed or used
unless approved for a Class I, Group D
hazardous location and labeled as such
by UL or another recognized laboratory.
(b) All electrical equipment, fixtures,
and fittings located within 10 feet of a
vent outlet or a dispensing outlet must
be explosion-proof and labeled as such
by UL or another recognized laboratory,
as suitable for Class I, Group D
atmospheres.
(c) All electrical equipment must be
grounded to the vessel’s common
ground.
(d) Tanks, containers, and associated
piping systems in use prior to December
1, 1969, on a vessel whose construction
was contracted for a date before May 31,
1976, are exempt from the requirements
of this section provided they are
maintained in a condition that the
Officer in Charge, Marine Inspection,
finds satisfactory, and provided that
major repairs or replacement of
exempted equipment and systems is in
accordance with this part.
§ 105–14
Fire extinguishing equipment.
(a) Each vessel must carry at least two
B–II dry chemical or foam portable fire
extinguishers that comply with 46 CFR
28.160 and bear the UL marine type
label, and must be located at or near
each dispensing area. This equipment
must be examined prior to issuing a
letter of compliance.
(b) Each vessel must be provided with
a hand-operated portable fire pump
having a capacity of at least 5 gallons
per minute and equipped with a suction
and discharge hose suitable for use in
firefighting. The pump may also serve as
a bilge pump.
(c) A self-priming power-driven fire
pump must be installed on each vessel
of more than 65 feet in length overall.
The pump must be able to discharge an
effective stream from a hose connected
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Fmt 4702
Sfmt 4702
49269
to the highest outlet, must be fitted with
a pressure gauge, and must have a
minimum capacity of 50 gallons per
minute at a pressure of not less than 60
pounds per square inch at the pump
outlet. The pump must be self-priming
and connected to the fire main and may
be driven off a propulsion engine or
other source of power. The pump may
also be connected to the bilge system so
that it can serve as either a fire pump
or a bilge pump.
(d) Each vessel that must have a
power-driven fire pump must also have
a fire main system that includes a fire
main, hydrants, hoses, and nozzles.
(1) Fire hydrants must be of sufficient
number and located such that any part
of the vessel may be reached with an
effective stream of water from a single
length of hose.
(2) All piping, valves, and fittings
must be in accordance with good marine
practice and suitable for the purpose
intended.
(3) One length of the fire hose must
be attached to each fire hydrant at all
times. The fire hose may be a
commercial fire hose or equivalent of
not more than a 11⁄2-inch diameter, or a
garden hose of not less than a 5⁄8-inch
nominal inside diameter. The hose must
be in one piece, not less than 25 feet,
and not more than 50 feet in length. If
a 11⁄2-inch diameter fire hose is used
after January 1, 1980, each length of
hose must be lined as a commercial fire
hose that conforms to UL 19
(incorporated by reference; see 46 CFR
105–3). A hose that bears a UL label as
a lined fire hose is accepted as
conforming to this requirement. The
hose must have a combination nozzle
approved by the Commandant in
accordance with 46 CFR 162.027–6. If a
garden hose is used, it must be of a good
commercial grade constructed of an
inner rubber tube, plies of braided
cotton reinforcement, and an outer
rubber cover, or of equivalent material,
and must be fitted with a commercial
garden hose nozzle of good-grade bronze
or equivalent metal. All fittings on fire
hoses must be of brass, copper, or other
suitable corrosion-resistant metal.
§ 105–15
Cargo transfer operations.
During a transfer operation involving
bulk liquid flammable or combustible
cargoes—
(a) The operation must comply with
any conditions listed in the vessel’s
certificate of compliance;
(b) The person in charge of the
operation must ensure that—
(1) Any galley fire is safely
maintained during the operation or
immediately extinguished if it cannot be
so maintained; and
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Federal Register / Vol. 79, No. 161 / Wednesday, August 20, 2014 / Proposed Rules
(2) No smoking takes place in the
vicinity of the operation.
(c) A red flag by day or a red electric
lantern at night, visible on all sides,
must be used to signal a dockside
transfer operation. For non-dockside
transfer operations, a red flag must be
used to signal the operation; and
(d) During a dockside transfer
operation, a placard must be displayed
to warn persons approaching the
gangway. The placard must use letters at
least 2 inches high, bear the heading
‘‘Warning,’’ and prohibit open lights,
smoking, or visitors.
Dated: August 8, 2014.
J.C. Burton,
Captain, U.S. Coast Guard, Director of
Prevention and Compliance.
[FR Doc. 2014–19142 Filed 8–19–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2014–0022]
RIN 2127–AL55
Federal Motor Vehicle Safety
Standards: Vehicle-to-Vehicle (V2V)
Communications
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Advance notice of proposed
rulemaking (ANPRM); notice of
availability of technical report.
AGENCY:
This document initiates
rulemaking that would propose to create
a new Federal Motor Vehicle Safety
Standard (FMVSS), FMVSS No. 150, to
require vehicle-to-vehicle (V2V)
communication capability for light
vehicles (passenger cars and light truck
vehicles (LTVs)) and to create minimum
performance requirements for V2V
devices and messages. The agency
believes that requiring V2V
communication capability in new light
vehicles would facilitate the
development and introduction of a
number of advanced vehicle safety
applications. Some crash warning V2V
applications, like Intersection
Movement Assist (IMA) and Left Turn
Assist (LTA), rely on V2V-based
messages to obtain information to detect
and then warn drivers of possible safety
risks in situations where other
technologies have less capability. Both
of those applications address
intersection crashes, which are among
emcdonald on DSK67QTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:21 Aug 19, 2014
Jkt 232001
the most deadly crashes that U.S.
drivers currently face. NHTSA believes
that V2V capability will not develop
absent regulation, because there would
not be any immediate safety benefits for
consumers who are early adopters of
V2V. V2V begins to provide safety
benefits only if a significant number of
vehicles in the fleet are equipped with
it and if there is a means to ensure
secure and reliable communication
between vehicles. NHTSA believes that
no single manufacturer would have the
incentive to build vehicles able to ‘‘talk’’
to other vehicles, if there are no other
vehicles to talk to—leading to likely
market failure without the creation of a
mandate to induce collective action.
Through this ANPRM, and through
the accompanying technical report,
‘‘Vehicle-to-Vehicle Communications:
Readiness of V2V Technology for
Application,’’ NHTSA presents the
results of its initial research efforts. In
this report, NHTSA has done a very
preliminary estimate of the costs of V2V
and the benefits for two V2V-based
safety applications, IMA and LTA, for
addressing intersection crashes and leftturning crashes, respectively. The report
also explores technical, legal, security,
and privacy issues related to the
implementation of V2V. NHTSA seeks
comment on the research report, and
solicits additional information, data,
and analysis that will aid the agency in
developing an effective proposal to
require new light vehicles to be V2Vcapable. By mandating V2V technology
in all new vehicles, but not requiring
specific safety applications, it is
NHTSA’s belief that such capability will
in turn facilitate market-driven
development and introduction of a
variety of safety applications, as well as
mobility and environment-related
applications that can potentially save
drivers both time and fuel.
DATES: Comments must be received no
later than October 20, 2014.
ADDRESSES: Report: The research report
is available on the internet for viewing
in PDF format at https://
www.safercar.gov/v2v, and at https://
www.regulations.gov, Docket No.
NHTSA–2014–0022. On regulations.gov,
input this docket number into the
search box on the home page and follow
the link provided to find the report.
Comments: You may submit
comments, identified by Docket No.
NHTSA–2014–0022, by any of the
following methods:
Internet: To submit comments
electronically, go to https://
www.regulations.gov and follow the
online instructions for submitting
comments. Alternatively, go to https://
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Fmt 4702
Sfmt 4702
www.safercar.gov/v2v/resources and
click the yellow button labeled ‘‘Submit
comments on the 2014 V2V Light
Vehicle Technical Report here’’ to go
directly to the docket in regulations.gov.
Facsimile: Written comments may be
faxed to 1–202–493–2251.
Mail: Send comments to Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
Hand Delivery: If you plan to submit
written comments by hand or by
courier, please do so at U.S. Department
of Transportation, 1200 New Jersey
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC
between 9 a.m. and 5 p.m. Eastern
Standard Time, Monday through Friday,
except Federal holidays. You may call
the Docket Management Facility at 1–
800–647–5527.
Instructions: For detailed instructions
on submitting comments and additional
information see the Public Participation
heading of the SUPPLEMENTARY
INFORMATION section of this notice.
Please note that all comments received
will be posted without change to
https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
under the Public Participation heading
below for more information.
FOR FURTHER INFORMATION CONTACT: For
technical issues: Gregory Powell, Office
of Rulemaking, National Highway
Traffic Safety Administration, at 202–
366–5206. For legal issues: Rebecca
Yoon, Office of the Chief Counsel,
National Highway Traffic Safety
Administration, at 202–366–2992.
SUPPLEMENTARY INFORMATION:
Contents
I. Executive Summary
II. Questions on which NHTSA Requests
Further Information From the Public
III. Public Participation
IV. Rulemaking Notices and Analyses
I. Executive Summary
In early 2014, NHTSA announced its
decision to move forward with the
regulatory process for light duty V2V
communication systems. This ANPRM
announces the availability of the
NHTSA research report, ‘‘Vehicle-toVehicle Communications: Readiness of
V2V Technology for Application’’
which includes analysis of the
Department’s research findings in
several key areas including technical
feasibility, privacy and security, and
preliminary estimates on costs and
safety benefits and seeks comments on
how NHTSA can best evaluate the need
E:\FR\FM\20AUP1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Proposed Rules]
[Pages 49261-49270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19142]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 105
[Docket No. USCG-2013-0195]
RIN 1625-AC18
Commercial Fishing Vessels Dispensing Petroleum Products
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes revisions to its regulations for
commercial fishing vessels carrying flammable or combustible liquid
cargoes in bulk. The proposed revisions would reflect a 1984 statutory
change that eliminated fishery-specific and geographical limitations on
a statutory exemption that, effectively, permits certain commercial
fishing vessels to carry and dispense flammable and combustible
material including petroleum products; additionally, this proposed
revision would simplify regulatory text. This notice of proposed
rulemaking promotes the Coast Guard's maritime safety mission.
DATES: Comments and related material must be submitted on or before
November 18, 2014.
ADDRESSES: Submit comments using one of the listed methods, and see
SUPPLEMENTARY INFORMATION for more information on public comments.
Online--https://www.regulations.gov following Web site
instructions.
Fax--202-493-2251.
Mail or hand deliver--Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand
delivery hours: 9 a.m. to 5 p.m., Monday through Friday, except Federal
holidays (telephone 202-366-9329).
Viewing incorporation by reference material. Make arrangements to
view this material by calling the Coast Guard's Office of Regulations
and Administrative Law at 202-372-3870 or by emailing HQS-SMB-CoastGuardRegulationsLaw@uscg.mil.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Jack Kemerer, Fishing Vessel Safety Division (CG-
CVC-3), Office of Commercial Vessel Compliance (CVC), U.S. Coast Guard;
telephone 202-372-1249, email Jack.A.Kemerer@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Proposed Rule
VI. Incorporation by Reference
VII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
We encourage you to submit comments (or related material) on this
notice of proposed rulemaking (NPRM). We will consider all submissions
and may adjust our final action based on your comments. Comments should
be marked with docket number USCG-2013-0195 and should provide a reason
for each suggestion or recommendation. You should provide personal
contact information so that we can contact you if we have questions
regarding your comments; but please note that all comments will be
posted to the online docket without change and that any personal
information you include can be searchable online (see the Federal
Register Privacy Act notice regarding our public dockets, 73 FR 3316,
Jan. 17, 2008).
Mailed or hand-delivered comments should be in an unbound 8\1/2\ x
11 inch format suitable for reproduction. The Docket Management
Facility will acknowledge receipt of mailed comments if you enclose a
stamped, self-addressed postcard or envelope with your submission.
Documents mentioned in this notice and all public comments are in
our online docket at https://www.regulations.gov and can be viewed by
following the Web site's instructions. You can also view the docket at
the Docket Management Facility (see the mailing address under
ADDRESSES) between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
We are not planning to hold a public meeting, but will consider
doing so if public comments indicate a meeting would be helpful. We
would issue a separate Federal Register notice to announce the date,
time, and location of such a meeting.
II. Abbreviations
CFV Commercial fishing vessel
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
MSM Coast Guard's Marine Safety Manual NPRM Notice of proposed
rulemaking
OMB Office of Management and Budget
Sec. Section symbol
U.S.C. United States Code
III. Basis and Purpose
The statutory basis of this proposed rule is provided by 33 U.S.C.
1321(j)(5), 46 U.S.C. 2103, 3306, 3703, and 4502. In 33 U.S.C.--
Section 1321(j)(5) of 33 U.S.C. authorizes the Secretary
of the department in which the Coast Guard is operating to issue
regulations that require certain vessel and facility owners or
operators to submit plans for responding to bulk noxious liquid
substance spills from the vessel or facility.
In 46 U.S.C.--
Section 2103 gives the Secretary general regulatory
authority to implement Subtitle II (Chapters 21 through 147), including
Chapter 37 (Carriage of Liquid Bulk Dangerous Cargoes);
Section 3306 requires the Secretary to regulate in several
areas relating to inspected vessels, to implement Subtitle II, Part B
(Inspection of Vessels), and to secure the safety of individuals and
property on board vessels subject to inspection;
Section 3703 gives the Secretary both mandatory and
discretionary regulatory authority for the specific implementation of
Chapter 37; and
[[Page 49262]]
Section 4502 requires the Secretary to regulate safety
standards on uninspected commercial fishing vessels.
The Secretary's authority under 33 U.S.C. 1321 was delegated to the
Coast Guard in DHS Delegation No. 0170.1, para. II (73). The
Secretary's authority under 46 U.S.C. 2103, 3306, 3703, and 4502 was
delegated to the Coast Guard in DHS Delegation No. 0170.1, para. II
(92)(a) and (92)(b).
The purpose of this proposed rule is to align Coast Guard
regulations with a 1984 statutory change that eliminated fishery-
specific and geographical limitations on a statutory exemption that,
effectively, permits certain commercial fishing vessels to carry and
dispense flammable and combustible material including petroleum
products. The proposed rule would also simplify the structure of 46 CFR
part 105.
IV. Background
Until 1968, 46 U.S.C. 391a(1) (the predecessor to 46 U.S.C. 3703),
provided that vessels carrying inflammable or combustible cargo, in
bulk and in tanks, must be ``considered steam vessels for the purposes
of title 52 of the Revised Statutes [hereafter ``title 52 vessels'']
and shall be subject to the provisions thereof . . .''.
In 1968, Congress enacted Public Law 90-397 (the ``1968 Act,'' 82
Stat. 341). Section 4 of the 1968 Act amended 46 U.S.C. 391a(1) to
permit all ``cannery tenders, fishing tenders, or fishing vessels of
not more than five hundred gross tons used in the salmon or crab
fisheries'' of Alaska, Oregon, and Washington (hereafter ``1968 Act
vessels'') ``to have on board inflammable or combustible cargo in bulk
to the extent and upon conditions as may be required'' by Coast Guard
regulations (rather than as title 52 vessels). The relevant Coast Guard
regulations for these Public Law 90-397 vessels were added in 1969, as
46 CFR part 105. Part 105 allowed the 1968 Act vessels to carry and
dispense liquid bulk dangerous cargoes, subject to the safety
regulations and other conditions set forth in part 105.
In 1972, Congress enacted Public Law 92-340 (the ``1972 Act,'' 86
Stat. 424). It significantly rewrote and expanded 46 U.S.C. 391a.
Former subsection (1) was redesignated as subsection (2). As
redesignated, subsection (2) contained the following proviso: ``nothing
contained herein shall be deemed to amend or modify the provisions of
section 4 of Public Law 90-397 with respect to certain vessels of not
more than five hundred gross tons.'' \1\ This proviso ratified and
preserved the 1968 Act's exemption for all cannery tenders, fishing
tenders, or fishing vessels of not more than five hundred gross tons
used in the salmon or crab fisheries of Alaska, Oregon, and Washington.
---------------------------------------------------------------------------
\1\ Public Law 92-340, 86 Stat. 424 at 428.
---------------------------------------------------------------------------
In 1974, Congress enacted Public Law 93-430 (the ``1974 Act,'' 88
Stat. 1180). It amended 46 U.S.C. 391a(2) in two pertinent respects.
First, it repeated the 1972 Act's language and added it as new
subsection (2)(ii): ``nothing contained herein shall be deemed to amend
or modify the provisions of section 4 of Public Law 93 [sic]-397 with
respect to certain vessels of not more than five hundred gross tons.''
\2\ Second, it added new subsection (2)(iii): ``this section shall not
apply to vessels of not more than five thousand gross tons used in the
processing and assembling of fishery products [in Alaska, Oregon, and
Washington] and such vessels shall be allowed to have onboard
inflammable or combustible cargo in bulk to the extent and upon
conditions'' as specified by the Coast Guard.\3\
---------------------------------------------------------------------------
\2\ 88 Stat. 1180 at 1183; the reference to ``Public Law 93-
397'' was presumably intended to cite Public Law 90-397.
\3\ Id.
---------------------------------------------------------------------------
Thus, the 1974 Act left in place the exemption, first added by the
1968 Act, for all salmon and crab fish tenders and fishing vessels of
not more than 500 gross tons in Alaska, Oregon, and Washington, and
added a new exemption for all fish processing vessels of not more than
5,000 gross tons in those three States.
In 1976, the Coast Guard revised 46 CFR part 105 to incorporate the
changes made by the 1972 and 1974 Acts.
In 1983, Congress enacted Public Law 98-89 (the ``1983 revision,''
97 Stat. 501), to revise and consolidate laws pertaining to vessels and
seamen, placing the revised statutes in 46 CFR subtitle II. The House
Report accompanying the 1983 revision stated: ``the bill as reported
does in fact make a great many substantive changes to the present law.
Those changes are all either minor changes, adjustments, or
modifications, or they are more significant changes to which the
committee received no objection [from the maritime community] and which
the committee believed would enhance the clarity and effectiveness of
the law and generally accepted by the industry. Thus, if a comparison
of the language of this bill with the existing law shows that a
substantive change has resulted, it should be understood that that
change was intended by the committee.'' \4\
---------------------------------------------------------------------------
\4\ H.R. Rep. 98-338 at 120.
---------------------------------------------------------------------------
The 1983 revision redesignated the former provisions of 46 U.S.C.
391a(2)(ii) and (iii) as new 46 U.S.C. 3702(c) and (d), in new Chapter
37 (Carriage of Liquid Bulk Dangerous Cargoes). The new provisions
removed Pacific Northwest fish tenders and fishing vessels of not more
than 500 gross tons and engaged only in the salmon or crab fishing
industry from the scope of Chapter 37. They preserved the existing
exemption for Pacific Northwest fish processing vessels of not more
than 5,000 gross tons, engaged in the salmon or crab fishing industry,
when they are carrying flammable or combustible liquid cargo in bulk.
In light of the House Report that accompanied the 1983 revision, the
Coast Guard understands that the removal of 1968 Act vessels was
intentional, and viewed by Congress as non-controversial.
In 1984, Congress enacted Public Law 98-364 (the ``1984 Act,'' 98
Stat. 446). It amended 46 U.S.C. 3702(c) and (d). This amendment
removed the salmon/crab fishery and geographical specifications from
subsections (c) and (d). There appears to have been no practical effect
to the subsection (c) amendment, because neither by statute nor by
regulation had commercial fishing vessels outside the Pacific Northwest
ever been authorized to carry flammable or combustible liquid cargoes
in bulk. The effect of the subsection (d) amendment was to permit fish
processors under 5,000 gross tons to carry flammable or combustible
liquid cargo in bulk anywhere in the country and in any fishery, not
just in the Pacific Northwest salmon and crab fisheries. There is no
legislative history to explain Congress's intent.
The Coast Guard has not amended 46 CFR part 105 since 1976. The
part needs to be revised to align with the 1984 Act's removal of
elimination of the salmon/crab fishery and geographical specifications.
The opportunity to revise part 105 also allows us to consolidate,
simplify, and reorganize the part. We discuss these changes more fully
in Section V., Discussion of Proposed Rule.
V. Discussion of Proposed Rule
We propose revising 46 CFR part 105 to reflect the 1984 legislative
changes. Also, we propose several non-substantive changes in regulatory
text to better align the regulations with current Coast Guard practice.
Finally, we propose simplifying the structure of part 105, eliminating
its current subparts,
[[Page 49263]]
and combining related subject matter, as shown in Table 1.
Table 1--Proposed Restructuring of 46 CFR Part 105
------------------------------------------------------------------------
Current 46 CFR Sec. Proposed new Sec.
------------------------------------------------------------------------
105.01-1......................... 105-1.
105.01-3......................... 105-3.
105.01-5......................... Transfer substance to proposed Sec.
105-1 and remove to help simplify
part 105 structure.
105.05-1......................... 105-1, 105-11.
105.05-2......................... 105-11.
105.05-3......................... Transfer substance to proposed Sec.
105-5 and remove to help simplify
part 105 structure.
105.05-5......................... Section 105.05-5 specifies in
positive terms how petroleum
products must be stored on vessels.
This may be unduly restrictive.
Therefore, we propose replacing it
with Sec. 105-11, which instead
would specify only those types of
storage that are prohibited.
105.05-10........................ Transfer substance to proposed Sec.
Sec. 105-1 and 105-11, and remove
to help simplify part 105 structure.
105.10-5......................... 105-5.
105.10-10........................ 105-5.
105.10-15........................ 105-5.
105.10-20........................ 105-5.
105.10-25........................ Remove definition of ``commercial
fishing vessel'' as obsolete in
light of the 1984 Act. Proposed Sec.
105-5 includes a definition of
``commercial fish-processing
vessel,'' the only type of vessel to
which part 105 is still applicable.
105.15-1......................... 105-10.
105.15-5......................... 105-10.
105.15-10........................ 105-10.
105.15-15........................ 105-10.
105.15-20........................ 105-10.
105.20-1......................... 105-10.
105.20-3......................... 105-12.
105.20-5......................... 105-12.
105.20-10........................ 105-12.
105.20-15........................ 105-12.
105.25-1......................... 105-12.
105.25-5......................... 105-12.
105.25-7......................... 105-12.
105.25-10........................ 105-12.
105.25-15........................ 105-12.
105.25-20........................ 105-12.
105.30-1......................... 105-13.
105.30-5......................... 105-13.
105.35-1......................... 105-14.
105.35-5......................... 105-14.
105.35-10........................ 105-14.
105.35-15........................ 105-14.
105.45-1(a)(1), (a)(2)........... 105-10.
105.45-1(b)...................... New specific requirements for cargo
transfer operations appear in
proposed Sec. 105-15. We propose
removing Sec. 105.45-1(b) because
its merchant-mariner credentialing
provisions duplicates of existing
requirements in 46 CFR Subchapter B
(Merchant Marine Officers and
Seamen).
105.45-5......................... 105-15.
105.45-10........................ 105-15.
105.45-15........................ 105-15.
105.45-20........................ 105-15.
105.90-1......................... 105-12(i), 105-13(d).
------------------------------------------------------------------------
The changes we propose within each section of part 105 and the
reasons for each proposed change are listed in Table 2.
Table 2--Substantive Changes Proposed for 46 CFR Part 105
------------------------------------------------------------------------
46 CFR--Proposed Sec. & subject Proposed change
------------------------------------------------------------------------
105-1 Purpose and applicability... Revise to align with 1984 Act and
implement 46 U.S.C. 3702(d). Part
105 would apply to section 3702(d)
commercial fish processors built
since 1976 and not greater than
5,000 gross tons, but would no
longer apply to commercial fishing
industry vessels of 500 gross tons
or less.
[[Page 49264]]
105-3 Incorporation by reference.. Revise section to reference UL 19
and an updated version of ASTM 323.
Existing regulations for fire hoses
(46 CFR 105.35-15(c)(1)) tie
regulatory compliance to UL 19 but
do not officially incorporate it by
reference. In order to enforce
compliance with UL 19, the Coast
Guard must incorporate the standard
into regulation (per requirements
of the Office of the Federal
Register). ASTM 323 is incorporated
not to impose any regulatory
obligation on the public, but
merely to provide a currently
available industry standard that
usefully defines ``Reid vapor
pressure'' (which is a term used in
the proposed revision of part 105).
The Coast Guard specifically
requests public comment on these
proposed incorporations and on
whether other standards should be
incorporated in place of or in
addition to UL 19 and ASTM 323.
105-5 Definitions................. Add definitions for ``bulk,''
``cargo,'' ``certificate of
compliance,'' ``commercial fish-
processing vessel,''
``dispensing,'' ``dispensing
tank,'' ``examination,'' ``fuel
tank,'' ``limited quantities,'' and
``new vessel,'' all of which are
terms used in the proposed part 105
revision. These definitions are
derived either from existing Coast
Guard regulations or from our
Marine Safety Manual (MSM). The
definition of ``limited
quantities'' uses a ``20% of
deadweight tonnage'' standard; this
represents no change from the
current standard for CFVs and other
``miscellaneous vessels,'' as
stated in MSM volume II, chapter 2.
The definition of ``new vessel''
reflects the impact of the 1974
act, which added the fish
processing vessel provision, and
the 1984 act, which removed the
salmon/crab fishery and
geographical limitations.
105-10 Vessel examinations........ Replace the term ``vessel
inspections'' with ``vessel
examinations.'' In the context of
part 105, the former term was never
proper. Examinations, not
inspections, are and have always
been the customary Coast Guard
enforcement mechanism for CFVs.
105-11 Prohibitions............... The only substantive change is to
replace Sec. 105.05-5's positive
specifications as to how petroleum
products must be stored on vessels
with a specification of what
storage arrangements are
prohibited. Positive statement of
what is allowed may be unduly
restrictive, because it leaves no
regulatory room for the future
evolution of safe storage
arrangements. Therefore, our
proposed rule's focus is on
prohibiting existing arrangements
that we know to be unsafe.
105-12 Cargo tank and pumping The proposed requirements are
system requirements. substantially similar to those now
contained in subparts 105.20,
105.25, and 105.90 (requirements
for plans and sketches would be
transferred to new Sec. 105-10),
but they are presented in a shorter
format that in some cases
eliminates or simplifies details
found in those subparts.
105-13 Electrical fittings and The proposed requirements are
fixtures. substantively identical to those
now contained in subparts 105.30
and 105.90, but they are presented
in a shorter format that in some
cases eliminates or simplifies
details found in those subparts.
105-14 Fire extinguishing The proposed requirements are
equipment. substantially similar to those now
contained in subpart 105.35, but
they are presented in a shorter
format that in some cases
eliminates or simplifies details
found in those subparts.
105-15 Cargo transfer operations.. The proposed requirements are
substantially similar to those now
contained in subpart 105.45, but
they are presented in a shorter
format that in some cases
eliminates or simplifies details
found in those subparts, and they
eliminate documentation
requirements that appear elsewhere
in the proposed revised part or
that duplicate provisions of 46 CFR
Subchapter B (Merchant Marine
Officers and Seamen).
------------------------------------------------------------------------
VI. Incorporation by Reference
Material proposed for incorporation by reference appears in
proposed 46 CFR 105-3. See ADDRESSES for information on viewing this
material. Copies of the material are available from the sources listed
in proposed 46 CFR 105-3. Before publishing a binding rule, we will
submit this material to the Director of the Federal Register for
approval of the incorporation by reference.
This NPRM proposes incorporating two standards: UL 19 and an
updated version of ASTM 323. The Coast Guard specifically requests
public comment on these proposed incorporations and on whether other
standards should be incorporated in place of or in addition to UL 19
and ASTM 323.
VII. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on these statutes and E.O.s.
A. Regulatory Planning and Review
Executive Orders 12866, Regulatory Planning and Review and 13563,
Improving Regulation and Regulatory Review direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health, safety effects, distributive impacts, and equity benefits).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This proposed rule has not been designated a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, the proposed rule has not been reviewed by the Office of
Management and Budget (OMB).
The Coast Guard does not expect this proposed rule to result in any
economic impact on industry. The proposed revisions would reflect 1984
statutory changes, simplify regulatory text, and clarify existing
language in order to harmonize the existing regulations with current
industry practices. We estimate that 14 commercial fish processing
vessels would be affected by this proposed rulemaking and we obtained
this number by using the Coast Guard's Marine Information Safety and
Law Enforcement System (MISLE) database. Additionally, Coast Guard
subject matter experts working in the Office of Commercial Vessel
Compliance (CVC-3), have independently verified and confirmed the total
affected population to be 14 vessels. Our analysis of this population
shows that all the commercial fish processing vessels affected by this
proposed rule are fitted with storage tanks that allow them to
transport liquid cargoes in bulk.
It is the intent of this proposed rule to clarify and update
existing CFR language to align with current industry practices. The
updates in this proposed rulemaking do not require changes to industry
practices because these updates simply reflect current industry
[[Page 49265]]
practices; therefore, this proposed rule does not incur any cost on the
affected population. Table 2 (earlier in this preamble) lists the
proposed changes and we summarize the proposed changes and the economic
impact of this proposed rule in the following paragraphs:
105-1 Purpose and Applicability
This provision has been revised to align with the 1984 Act and to
implement 46 U.S.C. 3702(d). Part 105 would apply to section 3702(d)
regarding commercial fish processing vessels not greater than 5,000
gross tons and built after 1976. The Coast Guard and industry have been
operating in accordance with the 1984 Act and 46 U.S.C. Additionally,
the 1984 Act removed the geographical limitations which were restricted
to the States of Washington, Alaska, and Oregon and this provision is
updating current CFR language to reflect these statutory changes. We do
not expect this provision to change industry operations and believe it
should have no economic impact on industry.
105-3 Incorporation by Reference
We are revising this section to reference UL 19 and the updated
version of ASTM 323. The revised section would comply with current
Office of Federal Register requirements and this update would link
existing regulatory compliance standards for fire hoses (46 CFR 105.35-
15 (c) (1)) to UL 19. We have incorporated ASTM 323 simply to reference
the current industry standards that define ``Reid Vapor Pressure''. The
language in this provision would not cause any economic impact.
105-5 Definitions
The proposed rule updates the definitions that are required to
identify the population of commercial fish processing vessels
transporting and dispensing limited quantities of flammable or
combustible liquid cargo in bulk. This provision would not cause any
economic burden to industry because it is simply clarifying, not
changing, the criteria that are applicable to the affected population.
105-10 Vessel Examinations
The change in language from ``vessel inspection'' to ``vessel
examination'' is a technical change that is consistent with the Coast
Guard's terminology related to commercial fishing vessels. The term
inspection is typically used to describe Coast Guard activities related
to vessels that require a Certificate of Inspection (COI). Similar
activities on vessels not required to hold a COI, such as commercial
fishing vessels, are typically referred to as examinations. The change
is solely to provide consistency and would not produce any economic
burden on industry.
105-11 Prohibition
There is one substantive change to this section, which is to
replace Sec. 105.5's specifications on how petroleum products must be
stored on vessels with a specification of what storage arrangements are
prohibited. Positive statements of what storage arrangements are
allowed may be unduly restrictive, because these statements leave no
room for the future evolution of safe storage arrangements. This
provision would not cause an economic burden on industry since the
provision is simply stating the Coast Guard's authority to review and
address any safety concerns with the storage and transportation of
petroleum products.
105-12 Cargo Tanks and Pumping System Requirement
This provision would consolidate the requirements for plans and
drawings which are now found in subparts 105.20, 105.25, and 105.90, in
the new Sec. 105-10. These editorial changes will shorten the current
format by simplifying details found within subparts 105.20, 105.25, and
105.90. These editorial changes would not cause an economic burden on
the affected population.
105-13 Electrical Fitting and Fixtures
This provision is an editorial change that consolidates and
simplifies existing subparts 105.30 and 105.90 to reflect the statutory
changes by shorting the format and by simplifying specific details
found within these subparts. The change proposed in this provision
would not cause any economic burden on the affected population.
105-14 Fire Extinguishing Equipment
The proposed provision will shorten the format and simplify details
found in subpart 105.35. This provision would not cause an economic
burden on the affected population since the changes proposed in this
provision are editorial.
105-15 Cargo Transfer Operations
The proposed changes in this subpart will shorten the format and
simplify language of existing part 105.45. This provision will also
eliminate documentation requirements that appear elsewhere in the
subpart. These requirements are duplicates of the provisions found in
46 CFR subchapter B (Merchant Marine officers and Seaman). This
provision does not cause an economic burden on the affected population
since the changes proposed in this provision are editorial in nature.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. This regulation does not impose any economic impact. Therefore,
the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
would not have a significant economic impact on a substantial number of
small entities. If you think that your business, organization, or
governmental jurisdiction qualifies as a small entity and that this
rule would have a significant economic impact on it, please submit a
comment to the Docket Management Facility at the address under
ADDRESSES. In your comment, explain why you think it qualifies and how
and to what degree this rule would economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, contact the Coast Guard (see FOR
FURTHER INFORMATION CONTACT). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
D. Collection of Information
This proposed rule calls for no new collection of information under
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
E. Federalism
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and
[[Page 49266]]
responsibilities among the various levels of government. We have
analyzed this proposed rule under that Order and have determined that
it is consistent with the fundamental federalism principles and
preemption requirements as described in Executive Order 13132. Our
analysis is explained below.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard, including categories for
inspected vessels. It is also well-settled, now, that all of the
categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design,
construction, alteration, repair, maintenance, operation, equipping,
personnel qualification, and manning of vessels), as well as the
reporting of casualties and any other category in which Congress
intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89,
120 S.Ct. 1135 (March 6, 2000).)
This proposed rule would amend the applicability of existing
regulations in order to align with the statutory authority granted,
through delegation, to the Coast Guard under 46 U.S.C. 3306, and
further outlined under 46 U.S.C. 3702, to promulgate regulations for
commercial fish-processing vessels when carrying flammable or
combustible liquid cargoes in bulk. This authority was specifically
defined by Congress and, hence, States and local governments do not
have the authority to determine the applicability of Coast Guard-issued
regulations for commercial fish-processing vessels, nor do they have
the authority to promulgate regulations within the category of
commercial fish-processing vessels carrying flammable or combustible
liquid cargoes in bulk. Therefore, the proposed rule would be
consistent with the principles of federalism and preemption
requirements in E.O. 13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, E.O. 13132 specifically directs agencies to
consult with State and local governments during the rulemaking process.
If you believe this rule would have implications for federalism under
E.O. 13132, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this preamble.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538,
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This
proposed rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under E.O.
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under E.O. 12866 and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This proposed rule uses the following voluntary consensus
standards: ASTM D 323-94 and UL 19. The proposed sections that
reference these standards and the locations where these standards are
available are listed in 46 CFR 105-3.
M. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4370f, and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under the ``Public Participation and Request for
Comments'' section of this preamble. This proposed rule is likely to be
categorically excluded under section 2.B.2, figure 2-1, paragraph
(34)(d) and (e) of the Instruction and 6(a) of Coast Guard Procedures
for Categorical Exclusions published July 23, 2002 (67 FR 48243). This
proposed rule involves regulations concerning vessel operation safety
standards; regulations concerning equipment approval and carriage
requirements; and regulations concerning the examination of and
equipping of vessels. We seek any comments or information that may lead
to the discovery of a significant environmental impact from this
proposed rule.
[[Page 49267]]
List of Subjects in 46 CFR Part 105
Cargo vessels, Fishing vessels, Hazardous materials transportation,
Marine safety, Petroleum, Seamen.
For the reasons discussed in the preamble, the Coast Guard proposes
to revise 46 CFR part 105 to read as follows:
PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS
Sec.
105-1 Purpose and applicability.
105-3 Incorporation by reference.
105-5 Definitions.
105-10 Vessel examination.
105-11 Prohibitions.
105-12 Cargo tank and pumping system requirements.
105-13 Electrical fittings and fixtures.
105-14 Fire extinguishing equipment.
105-15 Cargo transfer operations.
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 3703, 4502;
Department of Homeland Security Delegation No. 0170.1, para. II
(73), (93)(a) and (b).
Sec. 105-1 Purpose and applicability.
This part implements 46 U.S.C. 3702(d) and applies to each vessel
of not more than 5,000 gross tons, the primary use of which is as a
commercial fish-processing vessel, and that incidental to its primary
use, carries and dispenses limited quantities of flammable or
combustible liquid cargo in bulk. Certain provisions in 46 CFR 105-12
apply only to vessels the construction of which was contracted for
before May 31, 1976.
Sec. 105-3 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 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
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection
at Coast Guard Headquarters. Contact Commandant (CG-CVC), Attn: Office
of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501; telephone
202-372-1244. The material is also available from the sources listed in
paragraphs (b) and (c) of this section.
(b) ASTM International, 100 Barr Harbor Drive, West Conshohocken,
PA 19428-2959, telephone: 610-832-9500, fax: 610-832-9555, https://www.astm.org.
(1) ASTM D 323-08, ``Standard Test Method for Vapor Pressure of
Petroleum Products (Reid Method),'' incorporation by reference approved
for Sec. 105-5.
(2) [Reserved]
(c) UL (formerly Underwriters Laboratories, Inc.), 12 Laboratory
Drive, Research Triangle Park, NC 27709-3995, 919-549-1400, https://www.ul.com.
(1) UL 19, ``Standard for Safety-Lined Fire Hose and Hose
Assemblies,'' incorporation by reference approved for Sec. 105-14.
(2) [Reserved]
Sec. 105-5 Definitions.
As used in this part, the italicized terms have the meanings
indicated in this section.
Approved means approved by the Commandant, U.S. Coast Guard, unless
otherwise stated.
Bulk means having a capacity of 250 barrels or more.
Cargo means any combustible liquid or flammable liquid that is
transported and off-loaded at a destination by a commercial fish-
processing vessel. It does not include combustible or flammable liquid
carried in temporary tanks or permanently installed tanks for use only
by machinery and boats carried aboard the vessel, or for use only by
vessels that are directly supporting the vessel's primary operations.
Certificate of compliance means the document issued and displayed
in accordance with 46 CFR 105-10.
Combustible liquid means any liquid having a flashpoint above
80[emsp14][deg]F (as determined from an open cup tester, as used for
testing of burning oils). A Grade D combustible liquid is one having a
flashpoint above 80[emsp14][deg]F and below 150 [deg]F. A Grade E
combustible liquid is one having a flashpoint of 150 [deg]F or above.
Commercial fish-processing vessel means a self-propelled manned
vessel that commercially prepares fish or fish products other than by
gutting, decapitating, gilling, skinning, shucking, icing, freezing, or
brine chilling.
Dispensing means the loading or unloading of limited quantities of
flammable or combustible liquids in bulk.
Dispensing tank means any tank from which a limited quantity of a
flammable or combustible liquid, in bulk, that is not used to supply
fuel for vessel propulsion or auxiliary machinery is off-loaded by
means of pumping, gravitation, or displacement.
Examination means a careful and critical assessment of the vessel
and its appurtenances carried out by an authorized examiner or an
organization designated by the Commandant, U.S. Coast Guard. This
includes, where necessary, a visual assessment of the vessel's hull,
structures, electrical systems, and machinery, supplemented by other
means such as measurement and/or nondestructive testing.
Flammable liquid means any liquid that gives off flammable vapors
(as determined by flashpoint from an open cup tester, as used for
testing of burning oils) at or below 80 [deg]F. Flammable liquids are
referred to by grades as follows:
(1) Grade A. Any flammable liquid having a Reid vapor pressure of
14 pounds or more, as measured in accordance with ASTM D 323-08
(incorporated by reference, see Sec. 105-3).
(2) Grade B. Any flammable liquid having a Reid vapor pressure of
less than 14 pounds and more than 8\1/2\ pounds, as measured in
accordance with ASTM D 323-08.
(3) Grade C. Any flammable liquid having a Reid vapor pressure of
8\1/2\ pounds or less and a flashpoint of 80 [deg]F or below, as
measured in accordance with ASTM D 323-08.
Fuel tank means a tank other than a dispensing tank used to
transport flammable or combustible liquid for the purpose of supplying
fuel for propulsion of the vessel to which it is attached.
Limited quantities means not more than 20 percent of a vessel's
deadweight tonnage as applied to bulk liquid cargoes or carried in
permanent or temporary tanks.
New vessel means a vessel whose construction is contracted for on
or after May 31, 1976.
Pressure vacuum relief valve means any device or assembly of a
mechanical, liquid, weight, or other type used for the automatic
regulation of pressure or vacuum in enclosed places.
Sec. 105-10 Vessel examination.
(a) Each examination referred to in this section must be conducted
by the Coast Guard, or an accepted or similarly qualified organization
designated by the Commandant, to determine whether the examined vessel
is in substantial compliance with this part. An examination may include
any test or verification that the examiner deems necessary for
determining the vessel's safety and seaworthiness.
[[Page 49268]]
(1) The owner or operator of each vessel subject to this part must
apply, using Form CG-3752, available at https://www.uscg.mil/forms/cg/cg_3752.pdf, to the cognizant Officer in Charge, Marine Inspection,
for the vessel to be examined in accordance with paragraph (b) of this
section. In applying for a vessel's initial examination under this
section, the application must be accompanied by a plan or sketch of
each cargo tank and piping system for filling and dispensing bulk
flammable or combustible cargoes, and a brief description of those
systems, including their dimensions and materials used. If cargo tanks
will be located in enclosed compartments or below decks, the plans or
sketches must show the proposed ventilation system. Plans or sketches
need not be submitted if the cargo tanks and piping systems have
previously been accepted by the Coast Guard.
(2) Each vessel must be examined before its first use in loading,
transporting, or dispensing combustible or flammable liquids in bulk,
and at least annually thereafter if the vessel carries such liquids in
temporarily installed cargo tanks or containers, or at least biennially
thereafter if the vessel carries such liquids in permanently installed
cargo tanks.
(3) A vessel that is laid up, dismantled, or out of commission is
exempt from the requirements of this section.
(b) After examining a vessel and finding it to be in substantial
compliance with this part, the examiner will issue, and the vessel's
owner or operator must display onboard, a certificate of compliance
that describes the amounts of bulk liquid flammable or combustible
cargoes that the vessel may carry, the number of crewmembers required
to hold merchant mariner credentials and tankerman endorsements in
accordance with 46 U.S.C. 8304 and 46 CFR part 13, and any conditions
applicable to the carriage or dispensation of those cargoes. Each
certificate of compliance is valid for not more than 2 years or until
suspended or revoked.
Sec. 105-11 Prohibitions.
Each vessel to which this part applies is prohibited from
transporting Grade A flammable liquids in bulk, or carrying bulk
flammable or combustible liquids in portable or temporarily installed
dispensing tanks or containers that are either below deck or in closed
compartments on or above deck.
Sec. 105-12 Cargo tank and pumping system requirements.
(a) Cargo tanks for the carriage of bulk flammable or combustible
liquids must be constructed of iron, steel, copper, nickel alloy,
copper alloy, or aluminum. Tanks must be designed to withstand the
maximum head to which they may be subjected, and tanks of more than 150
gallons capacity must have at least the thickness indicated in Table
105-12.
Table 105-12--Tank Thickness
----------------------------------------------------------------------------------------------------------------
ASTM specification
Material (latest edition) Thickness in inches and gauge number \2\ \3\
----------------------------------------------------------------------------------------------------------------
Nickel copper........................ B127, hot rolled sheet 0.107 (USSG 12).
or plate.
Copper nickel \1\.................... B122, Alloy No. 5...... 0.128 (AWG 8).
Copper \1\........................... B152, Type ETP......... 0.182 (AWG 5).
Copper silicon \1\................... B97, Alloys A, B, and C 0.144 (AWG 7).
Steel or iron........................ ....................... 0.179 (MSG 7).
Aluminum \4\......................... B209, Alloy............ 5086 0.250 (USSG 3).\5\
----------------------------------------------------------------------------------------------------------------
\1\ Tanks fabricated with these materials must not be utilized for the carriage of diesel oil.
\2\ The gauge numbers used in this table may be found in many standard engineering reference books. The letters
``USSG'' stand for ``U.S. Standard Gauge'' which was established by the act of March 3, 1892 (15 U.S.C. 206)
for sheet and plate iron and steel. The letters ``AWG'' stand for ``American Wire Gauge'' (or Brown and Sharpe
Gauge) for nonferrous sheet thicknesses. The letters ``MSG'' stand for ``Manufacturers' Standard Gauge'' for
sheet steel thicknesses.
\3\ Tanks more than 400 gallons must be designed with a factor of safety of four on the ultimate strength of the
tank material used with a design head of not less than 4 feet of liquid above the top of the tank.
\4\ Anodic to most common metals. Avoid dissimilar-metal contact with tank body unless galvanically compatible.
\5\ And other alloys acceptable to the Commandant.
(1) All tank joints, connections, and fittings must be welded or
brazed, and tanks may not have flanged-up top edges.
(2) A tank exceeding 30 inches in any horizontal dimension must be
fitted with vertical baffle plates of the same material as the tank,
unless the tank has a greater thickness than minimum requirements and
is reinforced with stiffeners. Limber holes at the bottom and air holes
at the top of all baffles must be provided.
(3) An opening fitted with a threaded pipe plug may be used on the
bottom of the tank for cleaning purposes.
(b) Supports. Tanks must be adequately supported and braced to
prevent movement. Supports and braces must be insulated from contact
with the tank surface using a nonabrasive and nonabsorbent material.
(c) Fittings. (1) Filling lines must be at least 1\1/2\ inches
standard pipe size and extend to within 1\1/2\ -inch pipe diameters of
the bottom of the tank.
(2) Suction lines from diesel oil tanks may be taken from the
bottom provided a shutoff valve is installed at the tank. Tanks for
Grades B and C liquids must have top suctions only.
(3) Vent lines must be at least equal in size to the filling lines.
(4) When a cargo tank contains Grades B or C liquids, the vent
lines must be terminated with an approved pressure vacuum relief valve
not less than 3 feet above the weather deck. When a cargo tank contains
Grades D or E liquids, the vent line may be terminated with a gooseneck
fitted with a flame screen at a reasonable height above the weather
deck.
(d) Hydrostatic tests. Tanks vented to the atmosphere must be
hydrostatically tested to a pressure of 5 pounds per square inch or
1\1/2\ times the maximum head to which they may be subjected in
service. A standpipe of 11\1/1\ feet in length attached to the tanks
may be filled with water to accomplish the 5 pounds per square inch
test.
(e) Piping systems. (1) Piping must be copper, nickel copper, or
copper nickel, with a minimum wall thickness of 0.035 inches; except
that seamless steel piping or tubing providing equivalent safety may be
used for diesel cargo systems.
(2) Valves must be of a suitable nonferrous metallic Union Bonnet
type with ground seats, except that steel or nodular iron may be used
in cargo systems that use steel pipe or tubing.
[[Page 49269]]
(3) Aluminum or aluminum alloy valves and fittings may not be used
in cargo lines.
(f) Pumps. (1) Pumps for cargo dispensing must be of a type
satisfactory for the purpose.
(2) A relief valve must be provided on the discharge side of the
pump if the pressure under shutoff conditions exceeds 60 pounds. When a
relief valve is installed, it must discharge back to the suction of the
pump.
(3) Where electric motors are installed with dispensing pumps, they
must be explosion-proof and so labeled by UL or another recognized
laboratory, as suitable for Class I, Group D atmospheres.
(g) Grounding. (1) All tanks and associated lines must be
electrically grounded to the vessel's common ground.
(2) A grounded type hose and nozzle must be used for dispensing
fuels.
(h) Cargo tanks installed below decks--additional requirements. (1)
Compartments or areas containing tanks or pumping systems must be
closed off from the remainder of the vessel by gastight bulkheads. Such
gastight bulkheads may be pierced for a drive shaft and pump engine
control rods if the openings are fitted with stuffing boxes or other
acceptable gland arrangements.
(2) Each compartment must be provided with a mechanical exhaust
system capable of ventilating the compartment with a complete change of
air every 3 minutes. The intake duct or ducts must be of a sufficient
size to permit the required air change. The exhaust duct or ducts must
be located so as to remove vapors from the lower portion of the space
or bilges.
(3) The ventilation outlets must terminate more than 10 feet from
any opening to the interior of the vessel that normally contains
sources of vapor ignition. The ventilation fan must be explosion-proof
and unable to act as a source of ignition.
(4) Cargo pumps must not be installed in the cargo tank compartment
unless the drive system is outside the compartment. Suction pipelines
from cargo tanks must be run directly to the pump, but not through
working or crew spaces of the vessel.
(5) Tanks must be located so as to provide at least 15 inches of
space around the tank, including top and bottom, to permit external
examination.
(6) Shutoff valves must be provided in the suction lines as close
to the tanks as possible. Valves must be installed so as to shut off
against the flow. Remote control of the shutoff valve must be provided
where the examiner deems necessary.
(i) Exemption for older vessels. Tanks, containers, and associated
piping systems in use prior to December 1, 1969, on a vessel whose
construction was contracted for a date before May 31, 1976, are exempt
from the requirements of this section provided they are maintained in a
condition that the Officer in Charge, Marine Inspection, finds
satisfactory, and provided that major repairs or replacement of
exempted equipment and systems is in accordance with this part.
Sec. 105-13 Electrical fittings and fixtures.
(a) In compartments or areas containing tanks or pumps handling
petroleum products other than Grade E products, no electrical fittings,
fixtures, or equipment may be installed or used unless approved for a
Class I, Group D hazardous location and labeled as such by UL or
another recognized laboratory.
(b) All electrical equipment, fixtures, and fittings located within
10 feet of a vent outlet or a dispensing outlet must be explosion-proof
and labeled as such by UL or another recognized laboratory, as suitable
for Class I, Group D atmospheres.
(c) All electrical equipment must be grounded to the vessel's
common ground.
(d) Tanks, containers, and associated piping systems in use prior
to December 1, 1969, on a vessel whose construction was contracted for
a date before May 31, 1976, are exempt from the requirements of this
section provided they are maintained in a condition that the Officer in
Charge, Marine Inspection, finds satisfactory, and provided that major
repairs or replacement of exempted equipment and systems is in
accordance with this part.
Sec. 105-14 Fire extinguishing equipment.
(a) Each vessel must carry at least two B-II dry chemical or foam
portable fire extinguishers that comply with 46 CFR 28.160 and bear the
UL marine type label, and must be located at or near each dispensing
area. This equipment must be examined prior to issuing a letter of
compliance.
(b) Each vessel must be provided with a hand-operated portable fire
pump having a capacity of at least 5 gallons per minute and equipped
with a suction and discharge hose suitable for use in firefighting. The
pump may also serve as a bilge pump.
(c) A self-priming power-driven fire pump must be installed on each
vessel of more than 65 feet in length overall. The pump must be able to
discharge an effective stream from a hose connected to the highest
outlet, must be fitted with a pressure gauge, and must have a minimum
capacity of 50 gallons per minute at a pressure of not less than 60
pounds per square inch at the pump outlet. The pump must be self-
priming and connected to the fire main and may be driven off a
propulsion engine or other source of power. The pump may also be
connected to the bilge system so that it can serve as either a fire
pump or a bilge pump.
(d) Each vessel that must have a power-driven fire pump must also
have a fire main system that includes a fire main, hydrants, hoses, and
nozzles.
(1) Fire hydrants must be of sufficient number and located such
that any part of the vessel may be reached with an effective stream of
water from a single length of hose.
(2) All piping, valves, and fittings must be in accordance with
good marine practice and suitable for the purpose intended.
(3) One length of the fire hose must be attached to each fire
hydrant at all times. The fire hose may be a commercial fire hose or
equivalent of not more than a 1\1/2\-inch diameter, or a garden hose of
not less than a \5/8\-inch nominal inside diameter. The hose must be in
one piece, not less than 25 feet, and not more than 50 feet in length.
If a 1\1/2\-inch diameter fire hose is used after January 1, 1980, each
length of hose must be lined as a commercial fire hose that conforms to
UL 19 (incorporated by reference; see 46 CFR 105-3). A hose that bears
a UL label as a lined fire hose is accepted as conforming to this
requirement. The hose must have a combination nozzle approved by the
Commandant in accordance with 46 CFR 162.027-6. If a garden hose is
used, it must be of a good commercial grade constructed of an inner
rubber tube, plies of braided cotton reinforcement, and an outer rubber
cover, or of equivalent material, and must be fitted with a commercial
garden hose nozzle of good-grade bronze or equivalent metal. All
fittings on fire hoses must be of brass, copper, or other suitable
corrosion-resistant metal.
Sec. 105-15 Cargo transfer operations.
During a transfer operation involving bulk liquid flammable or
combustible cargoes--
(a) The operation must comply with any conditions listed in the
vessel's certificate of compliance;
(b) The person in charge of the operation must ensure that--
(1) Any galley fire is safely maintained during the operation or
immediately extinguished if it cannot be so maintained; and
[[Page 49270]]
(2) No smoking takes place in the vicinity of the operation.
(c) A red flag by day or a red electric lantern at night, visible
on all sides, must be used to signal a dockside transfer operation. For
non-dockside transfer operations, a red flag must be used to signal the
operation; and
(d) During a dockside transfer operation, a placard must be
displayed to warn persons approaching the gangway. The placard must use
letters at least 2 inches high, bear the heading ``Warning,'' and
prohibit open lights, smoking, or visitors.
Dated: August 8, 2014.
J.C. Burton,
Captain, U.S. Coast Guard, Director of Prevention and Compliance.
[FR Doc. 2014-19142 Filed 8-19-14; 8:45 am]
BILLING CODE 9110-04-P
