[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8177-8180]
[FR Doc No: 2020-02658]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0933]
RIN 1625-AA87

Security Zone; Cooper River; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on
certain navigable waters of the Cooper River within a 500-yard radius
of the South Carolina State Port Authority Cruise Ship Terminal in
Charleston, SC during a visit by the Commandant of the United States
Coast Guard. This action is necessary to protect personnel from
potential hazards and security risk associated with the Commandant's
speaking engagement. This regulation prohibits persons and vessels from
entering, transiting through, anchoring in, or remaining within the
security zone unless authorized by the Captain of the Port Charleston
(COTP) or a designated representative.

DATES: This rule is effective from 10:30 a.m. to 3:30 p.m. on February
20, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0933 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Chad Ray, Sector Charleston Office
of Waterways Management, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On November 18, 2019, Sector Charleston personnel were notified
that the Commandant of the U.S. Coast Guard will give the State of the
Coast Guard Address at the South Carolina State Port Authority Cruise
Ship Terminal on the Cooper River in Charleston, SC. In response, on
January 6, 2020, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Security Zone; Cooper River; Charleston,
SC'' (85 FR 271, Docket Number USCG-2019-0933). There we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to this security zone. During the comment period that ended
January 21, 2020, we received no comments. However, after the coment
period ended, Sector Charleston was notified that additional
dignitaries would be present before, during and after the State of the
Coast Guard Address. This will require the duration of the security
zone to be expanded by 3 hours. Therefore, the Coast Guard is issuing
this temporary rule for this security zone that expands the security
zone by 3 hours contained in the NPRM without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM with respect to this rule that
expands the time of the proposed original security zone by 3 hours
because it would be impractical to publish an NPRM for this change
because we must establish this security zone by Febuary 20 and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule. The security zone will
impact waters of the Cooper River in Charleston, SC. The Captain of the
Port Charleston (COTP) has determined that potential hazards associated
with the event would be a security concern for participants,
spectators, and others on the navigable waters around the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because immediate action is needed based on numerous agencies
previously agreeing on the date of February 20, 2020 and logistical
steps have be taken to facilitiate the event taking place on this date.
The security zone is necessary to ensure the safety of the event
participants, as well as spectators.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Charleston
(COTP) has determined that there are potential security risks
associated with the Commandant's speaking engagement. The purpose of
this rule is to ensure safety and security of vessels and the navigable
waters in the safety zone before, during, and after the scheduled
event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on
January 6, 2020. However, there is one change in the regulatory text of
this rule from the proposed rule in the NPRM to account for the
additional time needed to secure the area during the presence of
dignitaries that will be in attendance before, during and after the
State of the Coast Guard.
    This rule establishes a security zone from 10:30 a.m. to 3:30 p.m.
on February 20, 2020. The security zone will cover all navigable waters
within a 500-yard radius of the South Carolina State Port Authority
Cruise Ship Terminal in Charleston, SC. The duration of the zone is
intended to ensure the security of persons, vessels, and these
navigable waters before, during, and after the scheduled address. No
vessels or person would be permitted to enter the security zone without
obtaining permission from the COTP or a designated representative.
Persons and vessels desiring to enter, transit through, anchor in, or
remain within the regulated area may contact the COTP by telephone at
(843) 740-7050, or a designated representative via VHF radio on channel
16, to request authorization. If authorization to enter, transit
through, anchor in, or remain within the regulated area is granted, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP or a designated representative. The COTP will
provide notice of the security zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
The regulatory text appears at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on: (1) Persons and
vessels may enter, transit through, anchor in, or remain within the
regulated area during the enforcement periods if authorized by Sector
Charleston COTP or a designated representative; (2) vessels not able to
enter, transit through, anchor in, or remain within the regulated area
without authorization from Sector Charleston COTP or a designated
representative may operate in the surrounding areas during the
enforcement period; (3) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners; and (4) the
regulated area will be limited in time, scope, and only impact small
designated areas of the Cooper River.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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. The Coast Guard received no comments

from the Small Business Administration on this rulemaking. The Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 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 responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this rule has implication for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section.

E. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a five
hour security zone that will prohibit persons and vessels from
entering, transiting through, anchoring in, or remaining within a
limited area on the Cooper River during the State of the Coast Guard
Address by Commandant of the U.S. Coast Guard. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, 160.5; and Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T07-0933 to read as follows:

Sec.  165.T07-0933   Security Zone; Cooper River, Charleston, SC.

    (a) Location. All waters of the Cooper River within a 500-yard
radius the South Carolina State Port Authority Cruise Ship Terminal in
Charleston, SC.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port (COTP) Charleston in the enforcement of the
regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP Charleston or a designated
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP Charleston
by telephone at<PHONE_NUMBER>, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP Charleston or a designated
representative.
    (3) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement period. This section will be enforced from 10:30
a.m. to 3:30 p.m. on February 20, 2020.

    Dated: February 5, 2020.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2020-02658 Filed 2-12-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Notices]
[Page 53704]
[DOCID:fr01se10-76]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0427]

Public Workshop on Medical Devices and Nanotechnology:
Manufacturing, Characterization, and Biocompatibility Considerations;
Correction

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice; correction.

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SUMMARY:  The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of August 23, 2010 (75 FR 51829).
The notice announced the public workshop entitled ``Medical Devices &
Nanotechnology: Manufacturing, Characterization, and Biocompatibility
Considerations.'' The notice was published with an incorrect
registration Web site. This document corrects that Web site.

FOR FURTHER INFORMATION CONTACT: Paul Gadiock, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, rm. 4432, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In FR Doc. 2010-20837, appearing on page
51829 in the Federal Register of Monday, August 23, 2010, the following
correction is made:
    1. On page 51829, in the second column, in the Registration and
Requests for Oral Presentations section, in the first full paragraph,
beginning in the third line, ``http://www.fda.gov/MedicalDevices/
NewsEvents/WorskshopsConferences/default.htm'' is corrected to read
``http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/
default.htm''.

    Dated: August 27, 2010.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2010-21801 Filed 8-31-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Proposed Rules]
[Pages 49261-49270]
[FR Doc No: 2014-19142]

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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.

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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--http://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<PHONE_NUMBER>).
    Viewing incorporation by reference material. Make arrangements to
view this material by calling the Coast Guard's Office of Regulations
and Administrative Law at<PHONE_NUMBER> or by emailing<EMAIL_ADDRESS>
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<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

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 http://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

     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,

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.

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

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

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.

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<PHONE_NUMBER> or go to
http://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:<PHONE_NUMBER>, fax:<PHONE_NUMBER>, http://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,<PHONE_NUMBER>, http://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.

    (1) The owner or operator of each vessel subject to this part must
apply, using Form CG-3752, available at http://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.

    (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

    (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