Review and Update of Standards for Marine Equipment, 65156-65210 [E8-22723]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Rules and Regulations]
[Pages 65156-65210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22723]



[[Page 65155]]

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Part IV





Department of Homeland Security





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Coast Guard



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46 CFR Parts 32, 50, 52, et al.



Review and Update of Standards for Marine Equipment; Final Rule

Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / 
Rules and Regulations

[[Page 65156]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 32, 50, 52, 53, 54, 56, 58, 59, 61, 62, 63, 76, 92, 
110, 111, 112, 113, 162, 170, 175, 176, 177, 179, 181, 182, 183, 
185

[Docket No. USCG-2003-16630]
RIN 1625-AA83


Review and Update of Standards for Marine Equipment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard amends its rules relating to standards for 
marine equipment and updates the incorporation in those rules of 
references to national and international safety standards. This rule is 
part of an ongoing effort for regulatory review and reform that 
increases the focus on results, decreases the focus on process, and 
expands compliance options for the regulated public.

DATES:  This final rule is effective December 1, 2008. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register on December 1, 
2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2003-16630 and are available for inspection or 
copying at the 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet at https://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Thane Gilman, Project Manager, Office of Design and Engineering 
Standards (CG-521), U.S. Coast Guard, 2100 Second Street, SW., 
Washington, DC 20593-0001, telephone 202-372-1383. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Acronyms
II. Regulatory History
III. Background and Purpose
IV. Discussion of Comments and Changes
V. Incorporation by Reference
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Benefits
    C. 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. Acronyms

ABS American Bureau of Shipping
ABYC American Boat and Yacht Council
AGA American Gas Association
ANSI American National Standards Institute
API American Petroleum Institute
ASME American Society of Mechanical Engineers
ASTM American Standards for Testing and Materials
CGA Compressed Gas Association
CNG Compressed Natural Gas
EJMA Expansion Joint Manufacturers Association, Inc.
FCI Fluid controls Institute, Inc.
IEC International Electrotechnical Commission
IEEE Institute of Electrical and Electronic Engineers
IMO International Maritime Organization
ISA Instrument Society of America
ISO International Organization for Standardization
LPG Liquid Petroleum Gas
MAWP Maximum Allowable Working Pressure
MSC Marine Safety Center
MSS Manufacturers Standardization Society of the Valve and Fitting 
Industry, Inc.
NARA National Archives and Records Administration
NAVSEA Naval Sea Systems Command
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NEPA National Environmental Policy Act of 1969
NFPA National Fire Protection Association
NPFC Naval Publications and Forms Center
NPRM Notice of Proposed Rulemaking
NPS Nominal Pipe Size
NTTAA National Technology Transfer and Advancement Act
PCBs Polychloride biphenyls
SAE Society of Automotive Engineers
SNPRM Supplemental Notice of Proposed Rulemaking
SOLAS Safety of Life At Sea
UL Underwriters Laboratories, Inc.

II. Regulatory History

    On June 30, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Review and Update of Standards for Marine Equipment'' 
in the Federal Register (69 FR 39742). We received 13 letters 
commenting on the proposed rule. Two commenters suggested we hold a 
public meeting to discuss changes they recommended. However, as those 
recommendations are beyond the scope of this rulemaking, we did not 
adopt this suggestion and no public meeting was held.
    In numerous cases, the exact designation of standards that we 
incorporate by reference has changed between the NPRM and this final 
rule. These changes have been made to bring our regulatory text into 
compliance with Office of the Federal Register technical requirements 
governing incorporations by reference, and are intended to help the 
public better identify exactly which standards we intend to enforce. 
They are not intended to be substantive changes and receive no further 
discussion.
    Other changes are relatively few in number and may or may not be 
substantive. They are discussed in ``IV. Discussion of Comments and 
Changes.'' Overall, the changes we have made since publishing the NPRM 
are either non-substantive or are the logical outgrowth of the NPRM. A 
supplemental notice of proposed rulemaking (SNPRM) is, therefore, 
unnecessary, and would delay completion of this rulemaking. Thus, we 
find good cause under 5 U.S.C. 552(b)(B) to proceed with publication of 
this final rule without an SNPRM.

III. Background and Purpose

    The Coast Guard has actively participated in the development of 
industry standards of safety for marine equipment at the International 
Maritime Organization (IMO), the International Organization for 
Standardization (ISO), the ASTM International, and other standards-
setting bodies that belong to the American National Standards Institute 
(ANSI).
    This rule is part of an ongoing effort for regulatory review and 
reform, with the goals of: (1) Updating references to incorporated 
standards that have been modified; (2) removing obsolete rules; (3) 
making our regulations performance-based; and (4) expanding efforts to 
promote consensual rulemaking.

IV. Discussion of Comments and Changes

    The NPRM discusses the changes made by this rule in detail. In 
general, our changes fall into eight categories:
    (1) Revisions to authority citations.
    (2) Correction of prior inadvertent errors or deletions.
    (3) Deletion of obsolete or superfluous material.
    (4) Adoption of The International System of Units (metric) 
measurements.

[[Page 65157]]

    (5) Reduction of regulatory thresholds.
    (6) Stylistic revisions.
    (7) Updating cross references.
    (8) Updating references to industry standards.
    This rule affects only inspected commercial vessels. It imposes no 
new requirements and, therefore, requires no phase-in period.
    The Coast Guard received 13 letters commenting on the NPRM. Many of 
the comments suggested changes that go beyond the scope of this 
rulemaking, including the adoption of newer industry standards. This 
rulemaking is designed to update references to industry standards, but 
is not intended to introduce new standards that would change the 
substance of our regulations. We have not adopted any of these 
suggestions and, in most cases, do not discuss their merits in this 
document. Nevertheless, we appreciate these comments and may consider 
them in the future, should we ever undertake a more substantive 
revision of our rules.
    Four commenters stated that two major documents developed by the 
American Petroleum Institute (API), API RP-14F and API RP-14FZ, were 
not recognized when creating these rules and merit consideration. We 
did not consider this recommendation because it is beyond the scope of 
this rulemaking.
    Two commenters strongly recommended that the Coast Guard hold a 
public meeting to identify cable designs, their functional attributes, 
and their ultimate recognition as acceptable designs for the marine 
industry. As previously discussed, these suggestions are beyond the 
scope of this rulemaking and we did not adopt this recommendation.
    One commenter stated that, because this rulemaking is applicable to 
low voltage power control and medium voltage insulated conductor 
constructions, the optional insulation systems and armor designs 
available for these cables should be discussed during this revision 
cycle to serve the purpose of updating and including state-of-the-art 
technology. This is beyond the scope of this rulemaking, but we point 
out that new state-of-the-art technologies can be submitted for 
equivalency review.
    One commenter stated that the name of ASTM (American Society for 
Testing and Materials) has changed to American Standards for Testing 
and Materials (ASTM) International. The actual name is now ASTM 
International, and we have changed the text accordingly.
    One commenter suggested that we review the wording of Sec.  56.10-
1(b). We have reworded the paragraph to incorporate what we believe to 
be the commenter's concern.
    One commenter suggested that we incorporate a reference to 
``similar junction equipment'' in Sec.  56.10-5(c)(6). We have revised 
the paragraph accordingly.
    One commenter suggested a minor rewording of Sec.  56.25-5, which 
we have incorporated.
    One commenter asked us to remove the reference to threaded studs in 
Sec.  56.25-20(d), saying that a stud is an unthreaded pin used in 
guiding the application. We disagree and have retained the language 
used in the NPRM. Studs have threads similar to bolts, but have no 
heads.
    One commenter asked us to make minor revisions to the wording of 
Sec.  56.25-20(e). Because our intention is to reproduce ASME-B31.1, 
part 108.5.1, we decline this request and have retained the language of 
the NPRM.
    One commenter asked us to replace, in Sec.  56.30-20(d), the phrase 
``No pipe * * *'' with ``No steel pipe * * *.'' We do not think this 
change is necessary, but have revised the language in the NPRM to omit 
a reference to ANSI standard weight.
    One commenter requested minor revisions to Sec.  56.60-3(b). 
Because our intention is to reproduce ASME-B31.1 part 124.2.C, we 
decline this request and have retained the language of the NPRM.
    One commenter asked us to revise the language of Sec.  92.15-10(d). 
The commenter's proposed revision was identical to the text in the 
NPRM. However, we have revised the paragraph to include a reference to 
46 CFR 97.80-1.
    Three commenters requested that in Sec.  110.10-1, we replace the 
reference to IEEE Std 45-1998 with a reference to a newer standard, 
IEEE Std 45-2002. A fourth commenter asked us to add several 
International Electrotechnical Commission (IEC) standards to this 
section. These changes are outside the scope of the rulemaking. Note 
that in some cases, the additional standards these commenters suggest 
need not be made explicit in the regulatory text; compliance with those 
standards is already required by the standards that we do list.
    One commenter asked us to amend Sec.  111.01-9 to make it clear 
that there is no exact correlation between NEMA types and IEC IP types. 
We have retained the NPRM version of this section, which does not 
correlate the NEMA and IEC types, but provides the minimum NEMA and IEC 
IP protection required. The rule provides two separate, independent 
schemes for achieving protection. The user will follow either NEMA or 
IEC IP types.
    Three commenters requested that we change the title of Sec.  
111.05-7 and substitute ``All cables shall be installed in accordance 
with requirements of section 25 of IEEE 45-2002'' for the NPRM text, 
because the section should apply not only to armored cable but to all 
cable, thus providing the total installation requirements. We did not 
accept this recommendation because it is outside the scope of this 
rulemaking.
    Four commenters pointed out that the reference in Sec.  111.30-
19(a)(1) to ``Section 7.10'' is to IEEE 45-1998, not the newer IEEE 45-
2002 revision. They asked us to incorporate the 2002 standards in order 
to provide a higher level of safety. This recommendation is outside the 
scope of this rulemaking.
    One commenter asked us to change the minimum cable size in Sec.  
111.30-19(b)(3) from 14 AWG to 15 AWG, to be on par with IEC. This 
recommendation is outside the scope of this rulemaking.
    Three commenters suggested that the inclusion of Sec.  111.60-1(c) 
as it appeared in the NPRM is redundant, because T/N cable construction 
is covered in IEEE 1580, which is referred to in paragraph (a) of the 
section. We agree and have deleted the NPRM language of paragraph (c).
    Three commenters pointed out that Sec.  111.60-1(d), as it appeared 
in the NPRM, incorrectly referenced IEEE Std 45, which does not provide 
cable construction data. We agree that the correct reference is to IEEE 
1580 and have revised this paragraph accordingly.
    One commenter asked us to amend Sec.  111.60-2 to require the use 
of continuous corrugated metal clad armor or installation within 
continuous metal piping. This recommendation is outside the scope of 
this rulemaking.
    One commenter stated that, in Sec.  111.60-2, the reference to IEC 
60332-2 is incorrect and should be changed to IEC 60332-3-23. We agree 
that the reference in the NPRM is incorrect, but have corrected the 
reference to read IEC 60332-3-22. The same commenter also asked us to 
delete the reference in this section to ANSI/UL 1581 test VW-1, on the 
grounds that it is inferior to the other listed standards in evaluating 
flame propagation behavior of completed cable assemblies. This 
recommendation is outside the scope of this rulemaking.
    Two commenters asked us to amend Sec.  111.60-3 so that all cable 
to be installed as marine shipboard cable must meet the performance 
requirements in Table 24 of IEEE 45. We have retained the NPRM 
language. Table 24 of IEEE Std 45-2002 is meant for

[[Page 65158]]

cable application, not cable performance requirements. Table 24 of IEEE 
Std 45-2002 does not apply in whole to each cable construction standard 
recognized in Sec.  111.60-1 of this subpart and is not applicable to 
this section.
    Three commenters asked us to replace the NPRM's ``must meet'' in 
Sec.  111.60-3(a)(3) with ``must be applied in accordance with,'' for 
better clarity as to the correct ampacity. We agree and have changed 
the language accordingly.
    Three commenters asked us to replace the NPRM's ``be derated 
according to'' in Sec.  111.60-3(b)(1) with ``be applied in accordance 
with.'' We agree and have changed that language accordingly. However, 
we disagree with their additional comment that the reference in 
paragraph (b)(1) to Note 6 should be deleted because it requires no 
additional derating. We have retained the reference as Note 6 provides 
for additional derating of cables when the cable is double banked.
    One commenter suggested the use of ``clause'' instead of 
``paragraph'' in Sec.  111.60-3(b)(2) to conform to IEC usage. We have 
made the requested change here and throughout subpart 111.60.
    Three commenters asked us to remove the exception in Sec.  111.60-
5(a)(1) for section 25.11 of IEEE Std 45, saying the exception is not 
justified technically and that its removal would be consistent with 
Sec.  111.60-19. We have retained the exception. Section 111.60-19 
explicitly states one area where cable splicing is allowed and is only 
applicable to hazardous locations; splicing is only allowed in 
intrinsically safe locations. These locations, by definition, are low 
voltage applications.
    Three commenters asked us to broaden Sec.  111.60-5(a)(2) so that 
it refers to all of IEC 60092-352, not just to clause 8 of that 
standard, because proper installation requires use of the entire 
standard. We agree and have changed the text accordingly.
    Two commenters asked us to revise Sec.  111.60-5(c)(3) to permit 
the use of certain types of metal sheath as a grounding conductor. We 
have retained the NPRM language. The Coast Guard has a longstanding 
policy of not allowing any cable armor to be used as a grounding 
conductor. The requested change is a significant modification to our 
rules and is, therefore, beyond the scope of this rulemaking.
    One commenter asked us to revise Sec.  111.60-11(c), but without 
apparent change. We have retained the NPRM language.
    Two commenters suggested deleting Sec.  111.60-23 because its 
subject is addressed by IEEE 1580. Alternatively, they suggested 
revising the section ``to correct the construction and installation.'' 
We have retained the section as it appears in the NPRM. The requested 
change is beyond the scope of this rulemaking. Also, the restrictions 
of 46 CFR 111.60-23(c) cover a broader range of potential motions than 
those addressed in IEEE-1580, clauses 5.17.13 and 5.17.14. A detailed 
review of this issue is discussed in the Federal Register publications 
of June 4, 1996, page 28265, and May 1, 1997, page 23901. Prior to the 
publication of the existing rule, the Coast Guard conducted a complete 
review and revision of the regulations, bolstered by onsite 
observations, in order to determine the safe application of type MC 
cable aboard a vessel.
    One commenter asked us to revise Sec.  111.60-23(b) to require 
continuous corrugation, and to make other wording changes. We have 
retained the NPRM language. Continuous corrugation is already required 
by paragraph (a) of this section.
    One commenter implied that we should omit Sec. Sec.  111.105-3, 
111.105-31(e), and 111.105-41 because their content is covered by 
section 33 of IEEE Std 45-2002. We are retaining these provisions. 
Adoption of the 2002 standard would, in these cases, constitute 
substantive changes beyond the scope of this rulemaking.
    Three commenters asked us to revise Sec.  111.105-17(a) to permit 
the use of Type MC-HL cable. This recommendation is outside the scope 
of this rulemaking.
    Three commenters asked us to revise Sec.  111.105-41 so that it 
specifically references clauses 22.7.2 and 33.7.3 of IEEE 45. We are 
retaining the current general reference to IEEE 45 because several of 
its clauses are applicable.
    One commenter called our attention to an incorrect reference in 
Sec.  111.107-1. We have corrected the section so that it refers to 
IEEE-1202.
    Finally, one commenter suggested adding references, in Sec.  
113.30-25(j)(2), to IEC 60331-23 and IEC 60331-25. We are retaining the 
NPRM language for paragraph (j)(2). The recommendation is outside the 
scope of this rulemaking.

V. Incorporation by Reference

    The Director of the Federal Register has approved the material in 
46 CFR 52.01-1, 53.01-1, 54.01-1, 56.01-2, 58.03-1, 59.01-2, 62.05-1, 
63.05-1, 76.01-2, 92.01-2, 110.10-1, 162.017-1, 170.015, and 175.600 
for incorporation by reference under 5 U.S.C. 552 and 1 CFR part 51. 
Copies of the material are available from the sources listed in those 
sections.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. We expect the economic impact of this 
rule to be so minimal that a full Regulatory Assessment is unnecessary.
    We received 13 letters commenting on the NPRM. None of these 
letters suggested there would be additional costs to industry for 
compliance with these revised industry standards.
    Operators, owners, and manufacturers of vessels affected by this 
rule currently practice and adhere to national and international 
standards developed by organizations composed of representatives from a 
cross-section of interest groups affected by these standards.
    We estimate that this final rule will have no additional costs to 
industry. New vessels coming into service are equipped and built under 
the provisions and standards of this rule.
    These provisions and standards are not retroactive for owners and 
operators of existing vessels. Additionally, these owners and operators 
are not required to upgrade to the new standards if their equipment 
breaks down. Owners and operators of existing vessels have the option 
of repairing existing equipment or possibly installing similar 
equipment. These owners and operators may incur expected repair and 
replacement costs related to their existing equipment, but they will 
not incur additional mandatory costs associated with the provisions and 
requirements of this rule. If any owner or operator of an existing 
vessel of the current fleet chooses to upgrade, it is a voluntary 
upgrade.

B. Benefits

    This rule will eliminate confusion caused by outdated and 
conflicting rules on the safety of marine engineering for owners, 
operators, and manufacturers of vessels. These changes will update 
outdated rules to meet current national and international standards. In 
addition, this rule will give the maritime industry clear instructions 
and descriptions of how to comply with various rules.

[[Page 65159]]

C. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule will 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.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities because it is not retroactive and 
because it imposes no mandatory costs on owners or operators of 
vessels.

D. Collection of Information

    This 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 Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism. This rule will revise outdated standards on safety of 
marine equipment with international and national standards created and 
approved in part by State and local governments that participate in 
organizations that develop national standards for marine operation and 
safety.

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 regulatory 
actions not specifically required by law. 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 or more in any one year. Though this rule will not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

G. Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and will not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 rule under Executive Order 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 Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise be 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 rule uses voluntary consensus standards from the following 
organizations: American Bureau of Shipping (ABS) International, 
American National Standards Institute (ANSI), American Petroleum 
Institute (API), American Society of Mechanical Engineers (ASME), 
American Gas Association, ASTM International, International 
Electrotechnical Commission (IEC), Institute of Electrical and 
Electronic Engineers (IEEE), International Maritime Organization (IMO), 
Instrument Society of America (ISA), International Organization for 
Standardization (ISO), Manufacturers Standardization Society of the 
Valve and Fitting Industry, Inc. (MSS), Naval Sea Systems Command 
(NAVSEA), National Electrical Manufacturers Association (NEMA), 
National Fire Protection Association (NFPA), Naval Publications and 
Forms Center (NPFC), Society of Automotive Engineers (SAE), and 
Underwriters' Laboratories, Inc. (UL). The sections that reference 
these consensus standards and the locations where these standards are 
available are listed in 46 CFR 52.01-1, 53.01-1, 54.01-1, 56.01-2, 
58.03-1, 59.01-2, 62.05-1, 63.05-1, 76.01-2, 92.01-2, 110.10-1, 
162.017-1, 170.015, and 175.600.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 5100.1 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
under the Instruction that there are no factors in this case that would 
limit the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(d) of the Instruction, from further 
environmental documentation. This rule will replace outdated safety 
standards for marine equipment with current national and international 
standards, and therefore will not have any impact on the environment. 
An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects

46 CFR Part 32

    Cargo vessels, Fire prevention, Marine safety, Navigation (water), 
Occupational safety and health, Reporting and recordkeeping 
requirements, Seamen.

[[Page 65160]]

46 CFR Part 50

    Reporting and recordkeeping requirements, Vessels.

46 CFR Parts 52, 53, 54, 56, 58, 59, 61, 62, 63, and 110

    Incorporation by reference, Reporting and recordkeeping 
requirements, Vessels.

46 CFR Part 76

    Fire prevention, Incorporation by reference, Marine safety, 
Passenger vessels.

46 CFR Part 92

    Cargo vessels, Fire prevention, Incorporation by reference, Marine 
safety, Occupational safety and health, Seamen.

46 CFR Parts 111, 112

    Incorporation by reference, Vessels.

46 CFR Part 113

    Communications equipment, Fire prevention, Incorporation by 
reference, Vessels.

46 CFR Part 162

    Fire prevention, Incorporation by reference, Marine safety, Oil 
pollution, Reporting and recordkeeping requirements.

46 CFR Part 170

    Marine safety, Incorporation by reference, Reporting and 
recordkeeping requirements, Vessels.

46 CFR Parts 175, 177, and 185

    Marine safety, Incorporation by reference, Passenger vessels, 
Reporting and recordkeeping requirements.

46 CFR Parts 176, 181

    Fire prevention, Marine safety, Incorporation by reference, 
Passenger vessels, Reporting and recordkeeping requirements.

46 CFR Part 179, 182, 183

    Incorporation by reference, Marine safety, Passenger vessels.

0
For the reasons discussed in the preamble, the Coast Guard amends 46 
CFR parts 32, 50, 52, 53, 54, 56, 58, 59, 61, 62, 63, 76, 92, 110, 111, 
112, 113, 162, 170, 175, 176, 177, 179, 181, 182, 183, and 185 as 
follows:

PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS

0
1. Revise the authority citation for part 32 to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1; Subpart 32.59 also issued under the authority 
of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.


0
2. Add new Sec.  32.53-30 to read as follows:


Sec.  32.53-30  Positive pressure--T/ALL.

    Each inert gas system must be designed to enable the operator to 
maintain a gas pressure of 100 millimeters (4 inches) of water on 
filled cargo tanks and during loading and unloading of cargo tanks.

PART 50--GENERAL PROVISIONS

0
3. The authority citation for part 50 continues to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1; Section 50.01-20 also issued under the 
authority of 44 U.S.C. 3507.


Sec.  50.20-33  [Removed and Reserved]

0
4. Remove and reserve Sec.  50.20-33.


Sec.  50.25-1  [Amended]

0
5. In Sec.  50.25-1(e), remove the term ``G-MSE'' and add, in its 
place, the term ``CG-521''.

PART 52--POWER BOILERS

0
6. The authority citation for part 52 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3307, 3703; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.


0
7. Revise Sec.  52.01-1 to read as follows:


Sec.  52.01-1  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
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. The material is also available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-521), 2100 Second Street, SW., Washington, DC 20593-0001, 
and is available from the sources listed below.
    (b) American Society of Mechanical Engineers (ASME) International, 
Three Park Avenue, New York, NY 10016-5990:
    (1) 2001 ASME Boiler and Pressure Vessel Code, Section I, Rules for 
Construction of Power Boilers (July 1, 2001) (``Section I of the ASME 
Boiler and Pressure Vessel Code''), 52.01-2; 52.01-5; 52.01-50; 52.01-
90; 52.01-95; 52.01-100; 52.01-105; 52.01-110; 52.01-115; 52.01-120; 
52.01-135; 52.01-140; 52.01-145; 52.05-1; 52.05-15; 52.05-20; 52.05-30; 
52.05-45; 52.15-1; 52.15-5; 52.20-1; 52.20-25; 52.25-3; 52.25-5; 52.25-
7; and 52.25-10.
    (2) 1998 ASME Boiler and Pressure Vessel Code, Section II, Part A--
Ferrous Material Specifications and Part B--Nonferrous Material 
Specifications (1998) (``Section II of the ASME Boiler and Pressure 
Vessel Code''), 52.01-90.
    (3) [Reserved]


0
8. Revise Sec.  52.01-2(a) to read as follows:


Sec.  52.01-2  Adoption of section I of the ASME Boiler and Pressure 
Vessel Code.

    (a) Main power boilers and auxiliary boilers shall be designed, 
constructed, inspected, tested, and stamped in accordance with section 
I of the ASME Boiler and Pressure Vessel Code (incorporated by 
reference; see 46 CFR 52.01-1), as limited, modified, or replaced by 
specific requirements in this part. The provisions in the appendix to 
section I of the ASME Boiler and Pressure Vessel Code are adopted and 
shall be followed when the requirements in section I make them 
mandatory. For general information, Table 52.01-1(a) lists the various 
paragraphs in section I of the ASME Boiler and Pressure Vessel Code 
that are limited, modified, or replaced by regulations in this part.
* * * * *

0
9. Revise Sec.  52.01-5(a) to read as follows:


Sec.  52.01-5  Plans.

    (a) Manufacturers intending to fabricate boilers to be installed on 
vessels shall submit detailed plans as required by subpart 50.20 of 
this subchapter. The plans, including design calculations, must be 
certified by a registered professional engineer as meeting the design 
requirements in this part and in section I of the ASME Boiler and 
Pressure Vessel Code (incorporated by reference; see 46 CFR 52.01-1).
* * * * *

0
10. Revise Sec.  52.01-50(a) to read as follows:

[[Page 65161]]

Sec.  52.01-50  Fusible plugs (modifies A-19 through A-21).

    (a) All boilers, except watertube boilers, with a maximum allowable 
working pressure in excess of 206 kPa gauge (30 psig), if fired with 
solid fuel not in suspension, or if not equipped for unattended 
waterbed operation, must be fitted with fusible plugs. Fusible plugs 
must comply with only the requirements of A19 and A20 of section I of 
the ASME Boiler and Pressure Vessel Code (incorporated by reference; 
see 46 CFR 52.01-1) and be stamped on the casing with the name of the 
manufacturer, and on the water end of the fusible metal ``ASME Std.'' 
Fusible plugs are not permitted where the maximum steam temperature to 
which they are exposed exceeds 218 [deg]C (425 [deg]F).
* * * * *

0
11. Revise Sec.  52.01-90 to read as follows:


Sec.  52.01-90  Materials (modifies PG-5 through PG-13).

    (a) Material subject to stress due to pressure must conform to 
specifications as indicated in paragraphs PG-5 through PG-13 of section 
I of the ASME Boiler and Pressure Vessel Code (incorporated by 
reference; see 46 CFR 52.01-1) except as noted otherwise in this 
section.
    (b) Material not fully identified with an ASME Boiler and Pressure 
Vessel Code-approved specification may be accepted as meeting Coast 
Guard requirements providing it satisfies the conditions indicated in 
paragraph PG-10 of section I of the ASME Boiler and Pressure Vessel 
Code.
    (c) (Modifies PG-5.) When the maximum allowable working pressure 
(See PG-21) exceeds 15 pounds per square inch, cross pipes connecting 
the steam and water drums of water tube boilers, headers, cross boxes, 
and all pressure parts of the boiler proper, shall be made of a wrought 
or cast steel listed in Tables 1A and 1B of section II of the ASME 
Boiler and Pressure Vessel Code (incorporated by reference; see 46 CFR 
52.01-1).
    (d) (Modifies PG-8.2.) The use of cast iron is prohibited for 
mountings, fittings, valves, or cocks attached directly to boilers 
operating at pressures exceeding 15 pounds per square inch.

0
12. Revise Sec.  52.01-95(a) and (f) to read as follows:


Sec.  52.01-95  Design (modifies PG-16 through PG-31 and PG-100).

    (a) Requirements. Boilers required to be designed to this part 
shall meet the requirements of PG-16 through PG-31 of section I of the 
ASME Boiler and Pressure Vessel Code (incorporated by reference; see 46 
CFR 52.01-1) except as noted otherwise in this section.
* * * * *
    (f) Cylindrical components under internal pressure. (Modifies PG-
27.) The minimum required thickness and maximum allowable working 
pressure of boiler piping, tubes, drums and headers shall be as 
required by the formula in PG-27 of section I of the ASME Boiler and 
Pressure Vessel Code except that threaded boiler tubes are not 
permitted.

0
13. Revise Sec.  52.01-100(a) and (b) to read as follows:


Sec.  52.01-100  Openings and compensation (modifies PG-32 through PG-
39, PG-42 through PG-55).

    (a) The rules for openings and compensation shall be as indicated 
in PG-32 through PG-55 of section I of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 52.01-1) except as 
noted otherwise in this section.
    (b) (Modifies PG-39.) Pipe and nozzle necks shall be attached to 
vessel walls as indicated in PG-39 of section I of the ASME Boiler and 
Pressure Vessel Code except that threaded connections shall not be used 
under any of the following conditions:
    (1) Pressures greater than 4,137 kPa (600 psig);
    (2) Nominal diameters greater than 51 mm (2 in.); or
    (3) Nominal diameters greater than 19 mm (0.75 in.) and pressures 
above 1,034 kPa (150 psig).
* * * * *

0
14. Revise Sec.  52.01-105(a) and (b) to read as follows:


Sec.  52.01-105  Piping, valves and fittings (modifies PG-58 and PG-
59).

    (a) Boiler external piping within the jurisdiction of the ASME 
Boiler and Pressure Vessel Code must be as indicated in PG-58 and PG-59 
of section I of the ASME Boiler and Pressure Vessel Code (incorporated 
by reference; see 46 CFR 52.01-1) except as noted otherwise in this 
section. Piping outside the jurisdiction of the ASME Boiler and 
Pressure Vessel Code must meet the appropriate requirements of part 56 
of this subchapter.
    (b) In addition to the requirements in PG-58 and PG-59 of section I 
of the ASME Boiler and Pressure Vessel Code, boiler external piping 
must:
    (1) Meet the design conditions and criteria in Sec.  56.07-10 of 
this subchapter, except Sec.  56.07-10(b);
    (2) Be included in the pipe stress calculations required by Sec.  
56.35-1 of this subchapter;
    (3) Meet the nondestructive examination requirements in Sec.  
56.95-10 of this subchapter;
    (4) Have butt welding flanges and fittings when full radiography is 
required; and
    (5) Meet the requirements for threaded joints in Sec.  56.30-20 of 
this subchapter.
* * * * *

0
15. Revise Sec.  52.01-110(a) and (c) to read as follows:


Sec.  52.01-110  Water-level indicators, water columns, gauge-glass 
connections, gauge cocks, and pressure gauges (modifies PG-60).

    (a) Boiler water level devices. Boiler water level devices shall be 
as indicated in PG-60 of section I of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 52.01-1) except as 
noted otherwise in this section.
* * * * *
    (c) Water columns. (Modifies PG-60.2.) The use of water columns is 
generally limited to firetube boilers. Water column installations shall 
be close hauled to minimize the effect of ship motion on water level 
indication. When water columns are provided they shall be fitted 
directly to the heads or shells of boilers or drums by 1 inch minimum 
size pipes with shutoff valves attached directly to the boiler or 
drums, or if necessary, connected thereto by a distance piece both at 
the top and bottom of the water columns. Shutoff valves used in the 
pipe connections between the boiler and water column or between the 
boiler and the shutoff valves, required by PG-60.6 of section I of the 
ASME Boiler and Pressure Vessel Code for gauge glasses, shall be locked 
or sealed open. Water column piping shall not be fitted inside the 
uptake, the smoke box, or the casing. Water columns shall be fitted 
with suitable drains. Cast iron fittings are not permitted.
* * * * *

0
16. Revise Sec.  52.01-115 to read as follows:


Sec.  52.01-115  Feedwater supply (modifies PG-61).

    Boiler feedwater supply must meet the requirements of PG-61 of 
section I of the ASME Boiler and Pressure Vessel Code (incorporated by 
reference; see 46 CFR 52.01-1) and Sec.  56.50-30 of this subchapter.


Sec.  52.01-120  [Amended]

0
17. In Sec.  52.01-120--
0
a. In paragraph (a)(1), remove the words ``of the ASME Code'' and add, 
in

[[Page 65162]]

their place, the words ``of section I of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''; and
0
b. In paragraphs (a)(2)(i), (a)(4), (a)(6), (b)(1), (c)(1), (c)(3), 
(d)(1), and (d)(2), remove the words ``of the ASME Code'' wherever they 
appear and add, in their place, the words ``of section I of the ASME 
Boiler and Pressure Vessel Code''.


Sec.  52.01-135  [Amended]

0
18. In Sec.  52.01-135--
0
a. In paragraph (a), remove the words ``of the ASME Code'' and add, in 
their place, the words ``of section I of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''; and
0
b. In paragraphs (b) and (c), remove the words ``of the ASME Code'' 
wherever they appear and add, in their place, the words ``of section I 
of the ASME Boiler and Pressure Vessel Code''.


Sec.  52.01-140  [Amended]

0
19. In Sec.  52.01-140--
0
a. In paragraph (a), remove the words ``of the ASME Code'' and add, in 
their place, the words ``of section I of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 52.01-1)'';
0
b. In paragraph (b)(3), in the phrase ``section I of the ASME Code,'' 
add the words ``Boiler and Pressure Vessel'' between ``ASME'' and 
``Code''; and
0
c. In paragraphs (c) and (d), remove the words ``of the ASME Code'' 
wherever they appear and add, in their place, the words ``of section I 
of the ASME Boiler and Pressure Vessel Code''.


Sec.  52.01-145  [Amended]

0
20. In Sec.  52.01-145 text, remove the words ``of the ASME Code'' and 
add, in their place, the words ``of section I of the ASME Boiler and 
Pressure Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''.


Sec.  52.05-1  [Amended]

0
21. In Sec.  52.05-1(a), remove the words ``of the ASME Code'' and add, 
in their place, the words ``of section I of the ASME Boiler and 
Pressure Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''.


Sec.  52.05-15  [Amended]

0
22. In Sec.  52.05-15(a), remove the words ``of the ASME Code'' and 
add, in their place, the words ``of section I of the ASME Boiler and 
Pressure Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''.

0
23. Revise Sec.  52.05-20 to read as follows:


Sec.  52.05-20  Radiographic and ultrasonic examination (modifies PW-11 
and PW-41.1).

    Radiographic and ultrasonic examination of welded joints must be as 
described in PW-11 of section I of the ASME Boiler and Pressure Vessel 
Code (incorporated by reference; see 46 CFR 52.01-1), except that parts 
of boilers fabricated of pipe material such as drums, shells, 
downcomers, risers, cross pipes, headers, and tubes containing only 
circumferentially welded butt joints, must be nondestructively examined 
as required by Sec.  56.95-10 of this subchapter even though they may 
be exempted by the limits on size specified in Table PW-11 and PW-41.1 
of section I of the ASME Boiler and Pressure Vessel Code.


Sec.  52.05-30  [Amended]

0
24. In Sec.  52.05-30--
0
a. In paragraph (a), remove the words ``of the ASME Code'' and add, in 
their place, the words ``of section I of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''; and
0
b. In paragraphs (b) and (c), remove the words ``of the ASME Code'' 
wherever they appear and add, in their place, the words ``of section I 
of the ASME Boiler and Pressure Vessel Code''.


Sec.  52.05-45  [Amended]

0
25. In Sec.  52.05-45--
0
a. In paragraph (a), remove the words ``of the ASME Code'' and add, in 
their place, the words ``of section I of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''; and
0
b. In paragraphs (b) and (c), remove the words ``of the ASME Code'' 
wherever they appear and add, in their place, the words ``of section I 
of the ASME Boiler and Pressure Vessel Code''.


Sec.  52.15-1  [Amended]

0
26. In Sec.  52.15-1 text, remove the words ``of the ASME Code'' and 
add, in their place, the words ``of section I of the ASME Boiler and 
Pressure Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''.


Sec.  52.15-5  [Amended]

0
27. In Sec.  52.15-5--
0
a. In paragraph (a), remove the words ``of the ASME Code'' and add, in 
their place, the words ``of section I of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''; and
0
b. In paragraph (b), remove the words ``of the ASME Code'' and add, in 
their place, the words ``of section I of the ASME Boiler and Pressure 
Vessel Code''.

0
28. Revise Sec.  52.20-1 to read as follows:


Sec.  52.20-1  General (modifies PFT-1 through PFT-49).

    Firetube boilers and parts thereof shall be as indicated in PFT-1 
through PFT-49 of section I of the ASME Boiler and Pressure Vessel Code 
(incorporated by reference; see 46 CFR 52.01-1) except as noted 
otherwise in this subpart.


Sec.  52.20-25  [Amended]

0
29. In Sec.  52.20-25(a), remove the words ``of the ASME Code'' and 
add, in their place, the words ``of section I of the ASME Boiler and 
Pressure Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''.


Sec.  52.25-3  [Amended]

0
30. In Sec.  52.25-3, remove the words ``of the ASME Code'' and add, in 
their place, the words ``of section I of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''.


Sec.  52.25-5  [Amended]

0
31. In Sec.  52.25-5, remove the words ``of the ASME Code'' and add, in 
their place, the words ``of section I of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''.


Sec.  52.25-7  [Amended]

0
32. In Sec.  52.25-7, remove the words ``of the ASME Code'' and add, in 
their place, the words ``of section I of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''.


Sec.  52.25-10  [Amended]

0
33. In Sec.  52.25-10(a), remove the words ``of the ASME Code'' and 
add, in their place, the words ``of section I of the ASME Boiler and 
Pressure Vessel Code (incorporated by reference; see 46 CFR 52.01-1)''.

PART 53--HEATING BOILERS

0
34. The authority citation for part 53 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

[[Page 65163]]


0
35. Revise Sec.  53.01-1 to read as follows:


Sec.  53.01-1  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
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. The material is also available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-521), 2100 Second Street, SW., Washington, DC 20593-0001, 
and is available from the sources listed below.
    (b) American Society of Mechanical Engineers (ASME) International, 
Three Park Avenue, New York, NY 10016-5990:
    (1) 2001 ASME Boiler and Pressure Vessel Code, Section I, Rules for 
Construction of Power Boilers (July 1, 2001) (``Section I of the ASME 
Boiler and Pressure Vessel Code''), 53.01-10.
    (2) 2004 ASME Boiler and Pressure Vessel Code, Section IV, Rules 
for Construction of Heating Boilers (July 1, 2004) (``Section IV of the 
ASME Boiler and Pressure Vessel Code''), 53.01-3; 53.01-5; 53.01-10; 
53.05-1; 53.05-2; 53.05-3; 53.05-5; 53.10-1; 53.10-3; 53.10-10; 53.10-
15; and 53.12-1.
    (c) Underwriters Laboratories Inc., 333 Pfingston Road, Northbrook, 
IL 60062-2096:
    (1) UL 174, Standard for Household Electric Storage Tank Water 
Heaters, Tenth Edition, Feb. 28, 1996 (Revisions through and including 
Nov. 10, 1997) (''UL 174''), 53.01-10.
    (2) UL 1453, Standard for Electric Booster and Commercial Storage 
Tank Water Heaters, Fourth Edition, Sep. 1, 1995 (``UL 1453''), 53.01-
10.

0
36. Revise Sec.  53.01-3(a), (b), and paragraph (c) introductory text 
to read as follows:


Sec.  53.01-3  Adoption of section IV of the ASME Boiler and Pressure 
Vessel Code.

    (a) Heating boilers shall be designed, constructed, inspected, 
tested, and stamped in accordance with section IV of the ASME Boiler 
and Pressure Vessel Code (incorporated by reference; see 46 CFR 53.01-
1) as limited, modified, or replaced by specific requirements in this 
part. The provisions in the appendices to section IV of the ASME Boiler 
and Pressure Vessel Code are adopted and shall be followed when the 
requirements in section IV make them mandatory. For general 
information, Table 53.01-3(a) lists the various paragraphs in section 
IV of the ASME Boiler and Pressure Vessel Code that are limited, 
modified, or replaced by regulations in this part.

   Table 53.01-3(a)--Limitations and Modifications in the Adoption of
         Section IV of the ASME Boiler and Pressure Vessel Code
------------------------------------------------------------------------
  Paragraphs in Section IV of the ASME Boiler and Pressure     Unit of
              Vessel Code \1\ and disposition                 this part
------------------------------------------------------------------------
HG-100 modified by.........................................   53.01-5(b)
HG-101 replaced by.........................................     53.01-10
HG-400 modified by.........................................      53.05-1
HG-400.2 modified by.......................................      53.05-2
HG-401 modified by.........................................      53.05-1
HG-401.2 modified by.......................................      53.05-3
HG-500 through HG-540 modified by..........................      53.10-3
HG-600 through HG-640 modified by..........................      53.12-1
------------------------------------------------------------------------
\1\ The references to specific provisions in the ASME Boiler and
  Pressure Vessel Code are coded. The first letter, such as ``H,''
  refers to section IV. The second letter, such as ``G,'' refers to a
  part or subpart in section IV. The number following the letters refers
  to the paragraph so numbered in the text of the part or subpart in
  section IV.

    (b) References to the ASME Boiler and Pressure Vessel Code, such as 
paragraph HG-307, indicate:
    H = Section IV of the ASME Boiler and Pressure Vessel Code.
    G = Part containing general requirements.
    3 = Article in part.
    307 = Paragraph within Article 3.
    (c) When a paragraph or a section of the regulations in this part 
relates to material in section IV of the ASME Boiler and Pressure 
Vessel Code, the relationship with the code will be shown immediately 
following the heading of the section or at the beginning of the 
paragraph, as follows:
* * * * *

0
37. Revise Sec.  53.01-5 to read as follows:


Sec.  53.01-5  Scope (modifies HG-100).

    (a) The regulations in this part apply to steam heating boilers, 
hot water boilers (which include hot water heating boilers and hot 
water supply boilers), and to appurtenances thereto. The requirements 
in this part shall be used in conjunction with section IV of the ASME 
Boiler and Pressure Vessel Code (incorporated by reference; see 46 CFR 
53.01-1). Table 54.01-5(a) of this subchapter gives a breakdown by 
parts in this subchapter of the regulations governing various types of 
pressure vessels and boilers.
    (b) (Modifies HG-100.) The requirements of Part HG of section IV of 
the ASME Boiler and Pressure Vessel Code shall be used except as noted 
otherwise in this part.

0
38. Amend Sec.  53.01-10 by revising paragraphs (a), (c)(1), (e) 
introductory text, and (e)(1) to read as follows:


Sec.  53.01-10  Service restrictions and exceptions (replaces HG-101).

    (a) General. The service restrictions and exceptions shall be as 
indicated in this section in lieu of the requirements in HG-101 of 
section IV of the ASME Boiler and Pressure Vessel Code (incorporated by 
reference; see 46 CFR 53.01-1).
* * * * *
    (c) Hot water supply boilers. (1) Electrically fired hot water 
supply boilers that have a capacity not greater than 454 liters (120 
gallons), a heat input not greater than 58.6 kilowatts (200,000 BTU per 
hour), and are listed as approved under Underwriters' Laboratories UL 
174 or UL 1453 (both incorporated by reference; see 46 CFR 53.01-1) are 
exempted from the requirements of this part provided they are protected 
by a pressure relief device. This relief device need not comply with 
Sec.  53.05-2.
* * * * *
    (e) Heating boilers whose operating conditions are within the 
service restrictions of Sec.  53.01-10(b)(1) may be constructed in 
accordance with section I of the ASME Boiler and Pressure Vessel Code 
(incorporated by reference; see 46 CFR 53.01-1). In addition, these 
heating boilers must:
    (1) Be stamped with the appropriate ASME Code symbol in accordance 
with PG-104 through PG-113 of section IV of the ASME Boiler and 
Pressure Vessel Code;
* * * * *

0
39. Revise Sec.  53.05-1(a) to read as follows:


Sec.  53.05-1  Safety valve requirements for steam boilers (modifies 
HG-400 and HG-401).

    (a) The pressure relief valve requirements and the safety valve 
requirements for steam boilers must be as indicated in HG-400 and HG-
401 of section IV of the ASME Boiler and Pressure Vessel Code 
(incorporated by

[[Page 65164]]

reference; see 46 CFR 53.01-1) except as noted otherwise in this 
section.
* * * * *

0
40. Revise Sec.  53.05-2(a) to read as follows:


Sec.  53.05-2  Relief valve requirements for hot water boilers 
(modifies HG-400.2).

    (a) The relief valve requirements for hot water boilers must be as 
indicated in article 4 of section IV of the ASME Boiler and Pressure 
Vessel Code (incorporated by reference; see 46 CFR 53.01-1) except as 
noted otherwise in this section.
* * * * *

0
41. Revise Sec.  53.05-3 to read as follows:


Sec.  53.05-3  Materials (modifies HG-401.2).

    Materials for valves must be in accordance with HG-401.2 of section 
IV of the ASME Boiler and Pressure Vessel Code (incorporated by 
reference; see 46 CFR 53.01-1) except that nonmetallic materials may be 
used only for gaskets and packing.

0
42. Revise Sec.  53.05-5 to read as follows:


Sec.  53.05-5  Discharge capacities and valve markings.

    The discharge capacities and valve markings must be as indicated in 
HG-402 of section IV of the ASME Boiler and Pressure Vessel Code 
(incorporated by reference; see 46 CFR 53.01-1). The discharge 
capacities must be certified by the National Board of Boiler and 
Pressure Vessel Inspectors.

0
43. Revise Sec.  53.10-1 to read as follows:


Sec.  53.10-1  General.

    The tests, inspection, stamping, and reporting of heating boilers 
shall be as indicated in Article 5, Part HG of section IV of the ASME 
Boiler and Pressure Vessel Code (incorporated by reference; see 46 CFR 
53.01-1) except as noted otherwise in this subpart.

0
44. Revise Sec.  53.10-3(a) to read as follows:


Sec.  53.10-3  Inspection and tests (modifies HG-500 through HG-540).

    (a) The inspections required by HG-500 through HG-540 must be 
performed by the ``Authorized Inspector'' as defined in HG-515 of 
section IV of the ASME Boiler and Pressure Vessel Code (incorporated by 
reference; see 46 CFR 53.01-1). The Authorized Inspector shall hold a 
valid commission issued by the National Board of Boiler and Pressure 
Vessel Inspectors. After installation, heating boilers must be 
inspected for compliance with this part by a marine inspector.
* * * * *

0
45. Revise Sec.  53.10-10 to read as follows:


Sec.  53.10-10  Certification by stamping.

    Stamping of heating boilers shall be as indicated in HG-530 of 
section IV of the ASME Boiler and Pressure Vessel Code (incorporated by 
reference; see 46 CFR 53.01-1).
0
46. Revise Sec.  53.10-15 to read as follows:


Sec.  53.10-15  Manufacturers' data report forms.

    The manufacturers' data report forms required by HG-520 of section 
IV of the ASME Boiler and Pressure Vessel Code (incorporated by 
reference; see 46 CFR 53.01-1) must be made available to the marine 
inspector for review. The Authorized Inspector's National Board 
commission number must be included on the manufacturers' data report 
forms.

0
47. Amend subpart 53.12 by revising the subpart heading and Sec.  
53.12-1(a) to read as follows:

Subpart 53.12--Instruments, Fittings, and Controls (Article 6)


Sec.  53.12-1  General (modifies HG-600 through HG-640).

    (a) The instruments, fittings and controls for heating boilers 
shall be as indicated in HG-600 through HG-640 of section IV of the 
ASME Boiler and Pressure Vessel Code (incorporated by reference; see 46 
CFR 53.01-1) except as noted otherwise in this section.
* * * * *

PART 54--PRESSURE VESSELS

0
48. The authority citation for part 54 continues to read as follows:

    Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of 
Homeland Security Delegation No. 0170.1.


0
49. Revise Sec.  54.01-1 to read as follows:


Sec.  54.01-1  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
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. The material is also available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-521), 2100 Second Street, SW., Washington, DC 20593-0001, 
and is available from the sources listed below.
    (b) American Society of Mechanical Engineers (ASME) International, 
Three Park Avenue, New York, NY 10016-5990:
    (1) ASME Boiler and Pressure Vessel Code, Section VIII, Division 1, 
Rules for Construction of Pressure Vessels (1998 with 1999 and 2000 
addenda) (``Section VIII of the ASME Boiler and Pressure Vessel 
Code''), 54.01-2; 54.01-5; 54.01-15; 54.01-18; 54.01-25; 54.01-30; 
54.01-35; 54.03-1; 54.05-1; 54.10-1; 54.10-3; 54.10-5; 54.10-10; 54.10-
15; 54.15-1; 54.15-5; 54.15-10; 54.15-13; 54.20-1; 54.20-3; 54.25-1; 
54.25-3; 54.25-8; 54.25-10; 54.25-15; 54.25-20; 54.30-3; 54.30-5; 
54.30-10; and
    (2) [Reserved]
    (c) ASTM International (formerly American Society for Testing and 
Materials) (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428-
2959:
    (1) ASTM A 20/A 20M-97a, Standard Specification for General 
Requirements for Steel Plates for Pressure Vessels (``ASTM A 20''), 
54.05-10; 54.25-10;
    (2) ASTM A 203/A 203M-97, Standard Specification for Pressure 
Vessel Plates, Alloy Steel, Nickel (``ASTM A 203''), 54.05-20;
    (3) ASTM A 370-97a, Standard Test Methods and Definitions for 
Mechanical Testing of Steel Products (``ASTM A 370''), 54.25-20;
    (4) ASTM E 23-96, Standard Test Methods for Notched Bar Impact 
Testing of Metallic Materials (``ASTM Specification E 23''), 54.05-5; 
and
    (5) ASTM E 208-95a, Standard Test Method for Conducting Drop-Weight 
Test to Determine Nil-Ductility Transition Temperature of Ferritic 
Steels (``ASTM Specification E 208''), 54.05-5.
    (d) Compressed Gas Association (CGA), 500 Fifth Avenue, New York, 
NY 10036:
    (1) S-1.2, Pressure Relief Device Standards--Part 2--Cargo and 
Portable Tanks for Compressed Gases, 1979 (``CGA S-1.2''), 54.15-10; 
and
    (2) [Reserved]
    (e) Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS), 127 Park Street NE, Vienna, VA 22180:

[[Page 65165]]

    (1) SP-25-1998 Standard Marking System for Valves, Fittings, 
Flanges and Unions (1998) (``MSS SP-25''), 54.01-25; and
    (2) [Reserved]

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50. Amend Sec.  54.01-2 by revising the section heading and paragraphs 
(a), (b), and (c) introductory text to read as follows:


Sec.  54.01-2  Adoption of division 1 of section VIII of the ASME 
Boiler and Pressure Vessel Code.

    (a) Pressure vessels shall be designed, constructed, and inspected 
in accordance with section VIII of the ASME Boiler and Pressure Vessel 
Code (incorporated by reference, see 46 CFR 54.01-1), as limited, 
modified, or replaced by specific requirements in this part. The 
provisions in the appendices to section VIII of the ASME Boiler and 
Pressure Vessel Code are adopted and shall be followed when the 
requirements in section VIII make them mandatory. For general 
information, Table 54.01-2(a) lists the various paragraphs in section 
VIII of the ASME Boiler and Pressure Vessel Code that are limited, 
modified, or replaced by regulations in this part.

   Table 54.01-2(a)--Limitations and Modifications in the Adoption of
        Section VIII of the ASME Boiler and Pressure Vessel Code
------------------------------------------------------------------------
Paragraphs in section VIII of the ASME Boiler
 and Pressure Vessel Code\1\ and disposition       Unit of this part
------------------------------------------------------------------------
U-1 and U-2 modified by......................  54.01-5 through 54.01-15.
U-1(c) replaced by...........................  54.01-5.
U-1(d) replaced by...........................  54.01-5(a) and 54.01-15.
U-1(g) modified by...........................  54.01-10.
U-1(c)(2) modified by........................  54.01-15.
UG-11 modified by............................  54.01-25.
UG-22 modified by............................  54.01-30.
UG-25 modified by............................  54.01-35.
UG-28 modified by............................  54.01-40.
UG-84 replaced by............................  54.05-1.
UG-90 and UG-91 replaced by..................  54.10-3.
UG-92 through UG-103 modified by.............  54.10-1 through 54.10-15.
UG-98 reproduced by..........................  54.10-5.
UG-115 through UG-120 modified by............  54.10-1.
UG-116, except (k), replaced by..............  54.10-20(a).
UG-116(k) replaced by........................  54.10-20(b).
UG-117 replaced by...........................  54.10-20(c).
UG-118 replaced by...........................  54.10-20(a).
UG-119 modified by.....................