81_FR_13328 81 FR 13279 - Commercial Fishing Vessels Dispensing Petroleum Products

81 FR 13279 - Commercial Fishing Vessels Dispensing Petroleum Products

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 49 (March 14, 2016)

Page Range13279-13287
FR Document2016-05262

The Coast Guard is revising its safety regulations for uninspected commercial fishing vessels (CFVs) carrying flammable or combustible liquid cargoes in bulk. The revisions align the regulations with the current applicable statute and make minor nonsubstantive changes. This rule promotes the Coast Guard's maritime safety and stewardship (environmental protection) missions.

Federal Register, Volume 81 Issue 49 (Monday, March 14, 2016)
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Rules and Regulations]
[Pages 13279-13287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05262]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 105

[Docket No. USCG-2014-0195]
RIN 1625-AC18


Commercial Fishing Vessels Dispensing Petroleum Products

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising its safety regulations for 
uninspected commercial fishing vessels (CFVs) carrying flammable or 
combustible liquid cargoes in bulk. The revisions align the regulations 
with the current applicable statute and make minor nonsubstantive 
changes. This rule promotes the Coast Guard's maritime safety and 
stewardship (environmental protection) missions.

DATES: This final rule is effective April 13, 2016. The incorporation 
by reference of certain publications listed in the regulations is 
approved by the Director of the Federal Register as of April 13, 2016.

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-2014-0195 and are available on the Internet by 
going to http://www.regulations.gov, inserting USCG-2014-0195 in the 
``Keyword'' box, and then clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this final 
rule, call or email Mr. Jack Kemerer, Fishing Vessel Safety Division 
(CG-CVC-3), Office of Commercial Vessel Compliance (CVC), U.S. Coast 
Guard; telephone 202-372-1249, email Jack.A.Kemerer@uscg.mil.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis, Purpose, and Background
III. Discussion of Comments and Changes
IV. Incorporation by Reference
V. 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. Abbreviations

CFV Commercial fishing vessel
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
MSM Marine Safety Manual
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Sec.  Section symbol
UL Underwriters Laboratories Inc.
U.S.C. United States Code

II. Basis, Purpose, and Background

    The basis of this regulatory action is the Secretary of Homeland 
Security's regulatory authority under 46 U.S.C. 2103, 3703 and 49 
U.S.C. 5103. The Secretary's authority under these sections was 
delegated to the Coast Guard in DHS Delegation No. 0170.1(II) (80), 
(92.a), and (92.b).
    Section 2103 of Title 46 gives the Secretary general regulatory 
authority to implement Subtitle II of 46 U.S.C. (Chapters 21 through 
147), including Chapter 37 (Carriage of Liquid Bulk Dangerous Cargoes). 
Section 3703 of Title 46 gives the Secretary both mandatory and 
discretionary regulatory authority for the specific implementation of 
Chapter 37. Section 5103 of Title 49 gives the Secretary the authority 
\1\ to designate the hazardous material covered by Chapter 51 
(Transportation of Hazardous Material) and to regulate the safety with 
which that material is transported.
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    \1\ This authority originally was conferred on the Secretary of 
Transportation and in 2002 transferred to the Secretary of Homeland 
Security; Pub. L. 107-296 (codified at 6 U.S.C. 468(b)). As we 
discuss in section III of this preamble, this final rule amends the 
``Authority'' line of 46 CFR part 105 to reflect this transfer of 
authority.
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    The primary purpose of this rule is to revise Coast Guard 
regulations at 46 CFR part 105 so that they align with 46 U.S.C. 
3702(c) and (d), as those provisions were last amended in 1984.
    Incidentally to their main commercial fishing industry activities, 
some commercial fishing vessels (CFVs, a term that applies to fishing, 
fish tender, and fish processing vessels) carry petroleum and other 
combustible cargoes, to dispense or deliver to other CFVs at sea, or to 
remote villages (typically in Alaska) that in large part are 
economically dependent on the commercial fishing industry. Our

[[Page 13280]]

NPRM \2\ provided a detailed history of statutes addressing these 
vessels.\3\ Congress last amended these statutes in 1984, and the 
currently applicable provisions appear in 46 U.S.C. chapter 37's 
provisions for the carriage of liquid bulk dangerous cargoes as section 
3702(c) and (d). Chapter 37 generally applies to tank vessels, but 
under paragraph (c), it does not apply to a fishing or fish tender 
vessel of not more than 500 gross tons. Under paragraph (d), chapter 37 
also does not apply to a fish processing vessel of not more than 5,000 
gross tons, but that vessel is subject to regulation when carrying 
flammable or combustible liquid cargo in bulk.
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    \2\ 79 FR 49261 (August 20, 2014). Note that the NPRM was 
originally published under an incorrect docket number (USCG-2013-
0195), but a subsequent document (80 FR 204, January 5, 2015) 
corrected this error.
    \3\ NPRM, p. 49262.
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    We first issued our current 46 CFR part 105 safety regulations for 
CFVs dispensing petroleum or combustible cargoes in 1969. Part 105 
generally applies to any fishing or fish tender vessel of not more than 
500 gross tons, and to any fish processing vessel of not more than 
5,000 gross tons, engaged in the Oregon, Washington, or Alaska salmon 
or crab fisheries, if it has, or proposes to have, permanently or 
temporarily installed tanks or containers for dispensing petroleum 
products of Grade B and lower flammable or combustible liquids, in bulk 
and in limited quantities.\4\ Note, however, that under current 46 
U.S.C. 3702(c) and (d), there is no longer any statutory basis for 
restricting our regulations to CFVs dispensing petroleum or combustible 
cargoes engaged in the Oregon, Washington, or Alaska salmon or crab 
fisheries, and that the only CFVs for which those regulations are 
authorized are the fish processors of not more than 5,000 gross tons 
discussed in 46 U.S.C. 3702(d).
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    \4\ 46 CFR 105.05-1(a) and (b).
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III. Discussion of Comments on NPRM

    We published a notice of proposed rulemaking on August 20, 2014.\5\ 
The NPRM proposed the revisions that we are making in this final rule, 
and drew comments from one individual, who did not identify an 
affiliation with any industry or non-industry group. Neither that 
individual nor anyone else responded to our request for comments 
specifically addressing our proposed incorporation by reference of two 
industry consensus standards.
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    \5\ 79 FR 49261.
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    The commenter suggested that we modify our proposed definition of 
``bulk'' to align with other Coast Guard regulations and our Marine 
Safety Manual. We agree, because bulk is not determined by or limited 
to a specified quantity and we have modified the definition 
accordingly, although the definition we are adopting deviates slightly 
from the commenter's suggestion by eliminating an obsolete reference to 
a quantity of 250 barrels, and instead harmonizes with other uses of 
``bulk'' in 46 CFR 10.107, and 33 CFR part 160. At the same time, we 
reviewed our other proposed definitions, and revised the definition of 
``cargo'' to align with 46 CFR 30.10-5's definition and as discussed in 
Chapter 35 of the Marine Safety Manual. We revised for better 
clarification the definitions for ``dispensing'' and ``dispensing 
tank,'' which are terms that have always appeared in these regulations 
but never previously been defined. Also, we revised the definition of 
``certificate of compliance'' to state that the term may refer to any 
document attesting to an affected vessel's compliance. We made a 
similar change to the text of Sec.  105.10(b). These changes are 
necessary because at this time Coast Guard systems do not facilitate 
issuance of certificates to the affected vessels, and instead the 
vessels receive letters of compliance. We hope to adjust our systems in 
the near future so that certificates, instead of letters, can be 
issued.
    The commenter also recommended that we modify our proposal for 
Sec.  105.15 to clearly state that vessels, persons, and operations 
involved in cargo transfers are subject to the pollution prevention 
requirements of 33 CFR subchapter O. Compliance with pollution 
prevention requirements is already a Coast Guard requirement,\6\ but 
for better clarity we added paragraph (e) to Sec.  105.15 to point out 
that these persons must comply with all applicable 33 CFR part 155 and 
156 requirements.
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    \6\ See 46 CFR 28.255(h), which applies to part 105 vessels.
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IV. Discussion of the Rule

    This final rule is substantively unchanged from the NPRM and the 
explanations provided in its preamble. It changes part 105's 
applicability provisions to align with current section 3702(c) and (d), 
makes non-substantive changes in wording and in part 105's 
organization, adds a new industry standard that we incorporate in part 
105 by reference and updates another, and revises part 105's authority 
line (which we did not propose in the NPRM, but which is a non-
substantive change).
    Non-substantive rewording and reorganization. We are making non-
substantive wording changes to better align the wording with wording 
used in applicable Coast Guard policies, and simplifying part 105's 
structure by eliminating its subparts and consolidating and renumbering 
its sections, as shown in Table 1.

              Table 1--Current and New Sections of Part 105
------------------------------------------------------------------------
 Current Sec.   or subpart of
           part 105                      New Sec.   of part 105
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105.01-1.....................  105.1.
105.01-3.....................  105.3.
105.01-5.....................  Transfer substance to Sec.   105.5 and
                                remove.
105.05-1.....................  105.1, 105.11.
105.05-2.....................  105.11.
105.05-3.....................  Transfer substance to Sec.   105.5 and
                                remove.
105.05-5.....................  105.11.
105.05-10....................  105.1, 105.11.
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 legislation. New Sec.   105.5
                                defines ``commercial fish processing
                                vessel,'' the only type of CFV to which
                                part 105 still applies.
Subpart 105.15...............  105.10.

[[Page 13281]]

 
105.20-1.....................  105.10.
105.20-3, -5, -10, -15.......  105.12.
Subpart 105.25...............  105.12.
Subpart 105.30...............  105.13.
Subpart 105.35...............  105.14.
105.45-1(a)(1), (a)(2).......  105.10.
105.45-1(b)..................  Specific new requirements for cargo
                                transfer operations appear in new Sec.
                                105.15. We remove current Sec.   105.45-
                                1(b) because its credentialing
                                provisions duplicates requirements
                                currently contained in 46 CFR subchapter
                                B (Merchant Marine Officers and Seamen).
105.45-5, -10, -15, -20......  105.15.
105.90-1.....................  105.
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    Incorporation by reference. We are incorporating new industry 
standard UL 19 and updating the version of ASTM 323 that we 
incorporate, for the reasons we explained in the NPRM.\7\
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    \7\ NPRM, p. 49264, Table 2.
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    Authority. We are editing the ``Authority'' line for part 105, to 
update information about the sources of our authority to issue the 
regulations it contains.
    We are deleting the current reference to 49 U.S.C. Appendix 1804. 
Appendix 1804 has been replaced by 49 U.S.C. 5103, giving the 
Department of Transportation the authority to regulate the 
transportation of hazardous materials. That authority was delegated to 
the Coast Guard by 49 CFR 1.46(c)(4), (l), and (m), as that section 
existed when the Coast Guard was transferred to DHS. When Congress 
transferred the Coast Guard to DHS, it enacted 6 U.S.C. 468(b), 
preserving the then-existing authorities and functions of the Coast 
Guard. We are also deleting the current reference to Executive Order 
(E.O.) 11735 because it confers no regulatory authority on the 
Secretary of the department in which the Coast Guard is operating.
    We are adding the following authorities to the part 105 authority 
line. As discussed in the preceding paragraph, we are adding 6 U.S.C. 
468(b) and 49 U.S.C. 5103, which together preserve the Coast Guard's 
former Department of Transportation authority to regulate the 
transportation of hazardous materials. We are adding section 2103 in 
Title 46 of the U.S. Code, which gives the Secretary of the department 
in which the Coast Guard is operating general regulatory authority to 
implement 46 U.S.C. Subtitle II, which contains the other sections of 
46 U.S.C. that we list in our authority line. We are also adding E.O. 
12777, which delegates the President's regulatory authority under 33 
U.S.C. 1321(j)(5) and (j)(6) to the Secretary. We are also amplifying 
the listing for DHS Delegation No. 0170.1 to specify the paragraphs of 
that Delegation in which the Secretary delegates the regulatory 
authority conferred by these documents to the Coast Guard.

IV. Incorporation by Reference

    The Director of the Federal Register has approved the material in 
Sec.  150.3 for incorporation by reference under 5 U.S.C. 552 and 1 CFR 
part 51. Copies of the material are reasonably available to the public 
by contacting the sources listed in Sec.  105.3. The rule incorporates 
UL 19, which prescribes standards for fire hoses and hose assemblies, 
and an updated version of ASTM 323, which sets out the Reid standard 
method for assessing petroleum vapor pressure.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rule. 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 rule has not been designated a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, the rule has not been reviewed by the Office of Management 
and Budget (OMB).
    The Coast Guard did not receive any comments related to the 
regulatory assessment found in the proposed rule during the public 
comment period. We received no additional information or data that will 
alter our assessment on the NPRM. Therefore, we are adopting as final 
the regulatory assessment for the NPRM, with minor administrative edits 
as noted below. The following assessment replicates the analysis found 
in the NPRM regulatory assessment.
    The Coast Guard does not expect this rule to result in any economic 
impact on industry. The revisions 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 are affected by 
this rule and we obtained this number by using the Coast Guard's Marine 
Information for Safety and Law Enforcement (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 rule are fitted with storage tanks 
that allow them to transport liquid cargoes in bulk.
    The updates in this rule do not require changes to industry 
practices because these updates simply reflect current industry 
practices; therefore, this rule does not impose any cost on the 
affected population. Table 1 ``Current and New Sections of Part 105'' 
(earlier in this preamble) lists the changes and we summarize the 
changes and the economic impact of this 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 will apply to section 3702(d) 
commercial fish processing vessels not greater than 5,000 gross tons 
and built after 1976, but will no longer apply to other commercial 
fishing vessels of 500

[[Page 13282]]

gross tons or less. 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 will have no economic impact 
on industry.
105.3 Incorporation by Reference
    We have revised this section to reference UL 19 and the updated 
version of ASTM 323. The revised section complies with current Office 
of Federal Register requirements and this update will 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 does not cause any economic impact.
105.5 Definitions
    The 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. The rule, per the one commenter's comment, revised the 
definition of ``bulk.'' In addition, as we noted above the definitions 
of ``cargo,'' ``dispensing,'' and ``dispensing tank,'' were also 
modified for alignment and clarification purposes. These provisions do 
not cause any economic burden to industry because they are 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. This change 
is solely to provide consistency and will not produce any economic 
burden on industry.
105.11 Prohibitions
    There is one substantive change to this section, which is to 
replace Sec.  105.05-5 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 will 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 will consolidate the requirements for plans and 
drawings which are currently 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 will 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 shortening the format and by simplifying specific details 
found within these subparts. The change in this provision will not 
cause any economic burden on the affected population.
105.14 Fire Extinguishing Equipment
    This provision shortens the format and simplifies details found in 
subpart 105.35. This provision will not cause an economic burden on the 
affected population since the changes in this provision are editorial.
105.15 Cargo Transfer Operations
    The changes in this section will shorten the format and simplify 
language of existing subpart 105.45. This provision eliminates 
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 will 
not cause an economic burden on the affected population since the 
changes 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 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 rule does not impose any economic impact on any entities. In the 
NPRM the Coast Guard certified that this rule would not have a 
significant economic impact on a substantial number of small entities. 
The Coast Guard received no comments related this certification nor to 
its discussion and analysis of impacts on small entities during the 
public comment period. We have received no additional information or 
data that would alter our determination, discussion and analysis from 
the NPRM.
    Therefore, the Coast Guard affirms its certification under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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.
    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).

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 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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements as described

[[Page 13283]]

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 rule amends 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 rule is consistent with the principles of federalism and preemption 
requirements in E.O. 13132.

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 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 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 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 rule under E.O. 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 might 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under E.O. 13175, 
(``Consultation and Coordination with Indian Tribal Governments''), 
because it will 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 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 rule uses the following new voluntary consensus standards, 
which are listed and summarized below:
    ASTM D323-08 Standard Test Method for Vapor Pressure of Petroleum 
Products (Reid Method), 2014. This standard covers procedures for the 
determination of vapor pressure of gasoline, volatile crude oil, and 
other volatile petroleum products.
    UL 19, Standard for Safety for Lined Fire Hose and Hose Assemblies, 
Twelfth Edition 2001. This standard covers the construction, 
performance, and testing of fire hoses.
    Following publication of our NPRM, we received no public comments 
on incorporation of these materials by reference.

M. Environment

    We have analyzed this 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 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. This rule is categorically excluded under section 2.B.2, 
figure 2-1, paragraph (34)(d) and (e) of the Instruction and 6.a. of 
the ``Appendix to National Environmental Policy Act: Coast Guard 
Procedures for Categorical Exclusions, Notice of Final Agency Policy'' 
(67 FR 48243, July 23, 2002). This 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. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 105

    Cargo vessels, Fishing vessels, Hazardous materials transportation, 
Incorporation by reference, Marine safety, Petroleum, Seamen.
    For the reasons discussed in the preamble, the Coast Guard revises 
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 examinations.
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.


[[Page 13284]]


    Authority: 6 U.S.C. 468(b); 33 U.S.C. 1321(j); 46 U.S.C. 2103, 
3306, 3703, 4502; 49 U.S.C. 5103; E.O. 12777, sec. 2(d)(2) and (f), 
56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland 
Security Delegation No. 0170.1(II) (80), (92.a), (92.b).


Sec.  105.1  Purpose and applicability.

    This part implements 46 U.S.C. 3702(d), concerning the 
applicability to fish processing vessels of statutes relating to the 
carriage of liquid bulk dangerous cargoes. This part 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 Sec. Sec.  
105.12 and 105.13 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 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. Also, it 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 http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) ASTM International, 100 Barr Harbor Drive, West Conshohocken, 
PA 19428-2959, telephone: 610-832-9500, fax: 610-832-9555, http://www.astm.org.
    (1) ASTM D 323-08, ``Standard Test Method for Vapor Pressure of 
Petroleum Products (Reid Method),'' approved December 15, 2008, 
incorporation by reference approved for Sec.  105.5.
    (2) [Reserved]
    (c) UL (formerly Underwriters Laboratories, Inc.), 12 Laboratory 
Drive, Research Triangle Park, NC 27709-3995, 919-549-1400, http://www.ul.com.
    (1) UL 19, Standard for Safety--Lined Fire Hose and Hose 
Assemblies, Twelfth edition, approved November 30, 2001, incorporation 
by reference approved for Sec.  105.14(d).
    (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 a quantity of a commodity carried as a liquid cargo or 
liquid-cargo residue, without mark or count, in an integral, fixed, or 
portable tank. It does not include liquid cargo packaged in a portable 
tank that is loaded and discharged from a vessel with the contents 
intact.
    Cargo means a combustible liquid or flammable liquid transported in 
commerce by a commercial fish processing vessel for delivery to a 
recipient inside or outside the fishing industry. It does not include 
combustible liquids or flammable liquids carried in a tank for use only 
by machinery and boats carried aboard the processing vessel, or for use 
only by vessels that are directly supporting the processing vessel's 
primary operations.
    Certificate of compliance means the document issued and displayed 
in accordance with Sec.  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[emsp14][deg]F. A Grade 
E combustible liquid is one having a flashpoint of 150[emsp14][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 unloading of any quantity of flammable or 
combustible liquids in bulk.
    Dispensing tank means any tank from which a quantity of a flammable 
or combustible liquid is filled or emptied onboard the vessel 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[emsp14][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 
(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.
    (3) Grade C. Any flammable liquid having a Reid vapor pressure of 
8\1/2 \pounds or less and a flashpoint of 80[emsp14][deg]F or below, as 
measured in accordance with ASTM D 323.
    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 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 
are located in enclosed compartments or below decks, the plans or 
sketches must show

[[Page 13285]]

the 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 Coast Guard will issue, and the vessel's 
owner or operator must display on board, 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. A letter of compliance may be issued as an 
alternative to a certificate of compliance.


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 1 
of Sec.  105.12.

                Table 1 to Sec.   105.12--Tank Thickness
------------------------------------------------------------------------
                                                     Thickness in inches
          Material             ASTM specification   and gauge number 2 3
                                (latest edition)
------------------------------------------------------------------------
Nickel copper...............  B127, hot rolled      0.107 (USSG 12).
                               sheet 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,     0.144 (AWG 7).
                               and C.
Steel or iron...............  ....................  0.179 (MSG 7).
Aluminum \4\................  B209, Alloy \5\.....  5086 0.250 (USSG 3).
------------------------------------------------------------------------
\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 of more than 400 gallons capacity 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\-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\1/2\ 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

[[Page 13286]]

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 the 
construction of which was contracted for 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 the construction of which was 
contracted for 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 Sec.  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 subpart 162.027. 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.
    (e) The vessel, personnel, and operation are subject to all 
applicable pollution prevention requirements set forth in 33 CFR parts 
155 and 156.


[[Page 13287]]


    Dated: March 1, 2016.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2016-05262 Filed 3-11-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations                                                  13279

                                                J. Executive Order 12898: Federal                         Dated: February 26, 2016.                             E. Federalism
                                                Actions To Address Environmental                        Gina McCarthy,                                          F. Unfunded Mandates Reform Act
                                                Justice in Minority Populations and                                                                             G. Taking of Private Property
                                                                                                        Administrator.
                                                                                                                                                                H. Civil Justice Reform
                                                Low-Income Populations                                  [FR Doc. 2016–04889 Filed 3–11–16; 8:45 am]             I. Protection of Children
                                                                                                        BILLING CODE 6560–50–P                                  J. Indian Tribal Governments
                                                  The EPA believes the human health or                                                                          K. Energy Effects
                                                environmental risk addressed by this                                                                            L. Technical Standards
                                                action will not have potential                                                                                  M. Environment
                                                                                                        DEPARTMENT OF HOMELAND
                                                disproportionately high and adverse
                                                                                                        SECURITY                                              I. Abbreviations
                                                human health or environmental effects
                                                on minority, low-income, or indigenous                  Coast Guard                                           CFV Commercial fishing vessel
                                                populations. This action simply affirms                                                                       CFR Code of Federal Regulations
                                                and makes permanent a previous                                                                                DHS Department of Homeland Security
                                                                                                        46 CFR Part 105                                       E.O. Executive Order
                                                interim action tolling the deadlines of                                                                       FR Federal Register
                                                                                                        [Docket No. USCG–2014–0195]
                                                CSAPR by three years. Consistent with                                                                         MSM Marine Safety Manual
                                                Executive Order 12898 and the EPA’s                     RIN 1625–AC18                                         NPRM Notice of proposed rulemaking
                                                environmental justice policies, the EPA                                                                       OMB Office of Management and Budget
                                                considered effects on low-income,                       Commercial Fishing Vessels                            § Section symbol
                                                minority, and indigenous populations                    Dispensing Petroleum Products                         UL Underwriters Laboratories Inc.
                                                while developing CSAPR. The process                                                                           U.S.C. United States Code
                                                                                                        AGENCY:    Coast Guard, DHS.
                                                and results of that consideration are                   ACTION:   Final rule.                                 II. Basis, Purpose, and Background
                                                described in the preamble for CSAPR,                                                                             The basis of this regulatory action is
                                                76 FR 48208, 48347–52 (August 8,                        SUMMARY:    The Coast Guard is revising               the Secretary of Homeland Security’s
                                                2011).                                                  its safety regulations for uninspected                regulatory authority under 46 U.S.C.
                                                                                                        commercial fishing vessels (CFVs)                     2103, 3703 and 49 U.S.C. 5103. The
                                                K. Congressional Review Act (CRA)                       carrying flammable or combustible                     Secretary’s authority under these
                                                   This action is subject to the                        liquid cargoes in bulk. The revisions                 sections was delegated to the Coast
                                                Congressional Review Act, and the EPA                   align the regulations with the current                Guard in DHS Delegation No. 0170.1(II)
                                                                                                        applicable statute and make minor                     (80), (92.a), and (92.b).
                                                will submit a rule report to each House
                                                                                                        nonsubstantive changes. This rule                        Section 2103 of Title 46 gives the
                                                of the Congress and to the Comptroller
                                                                                                        promotes the Coast Guard’s maritime                   Secretary general regulatory authority to
                                                General of the United States. This action
                                                                                                        safety and stewardship (environmental                 implement Subtitle II of 46 U.S.C.
                                                is not a ‘‘major rule’’ as defined by 5
                                                                                                        protection) missions.                                 (Chapters 21 through 147), including
                                                U.S.C. 804(2).
                                                                                                        DATES: This final rule is effective April             Chapter 37 (Carriage of Liquid Bulk
                                                List of Subjects                                        13, 2016. The incorporation by reference              Dangerous Cargoes). Section 3703 of
                                                                                                        of certain publications listed in the                 Title 46 gives the Secretary both
                                                40 CFR Part 51                                          regulations is approved by the Director               mandatory and discretionary regulatory
                                                  Environmental protection,                             of the Federal Register as of April 13,               authority for the specific
                                                Administrative practice and procedure,                  2016.                                                 implementation of Chapter 37. Section
                                                Air pollution control, Incorporation by                 ADDRESSES:   Comments and material                    5103 of Title 49 gives the Secretary the
                                                reference, Intergovernmental relations,                 received from the public, as well as                  authority 1 to designate the hazardous
                                                Nitrogen dioxide, Ozone, Particulate                    documents mentioned in this preamble                  material covered by Chapter 51
                                                matter, Reporting and recordkeeping                     as being available in the docket, are part            (Transportation of Hazardous Material)
                                                requirements, Sulfur oxides.                            of docket USCG–2014–0195 and are                      and to regulate the safety with which
                                                                                                        available on the Internet by going to                 that material is transported.
                                                40 CFR Part 52                                          http://www.regulations.gov, inserting                    The primary purpose of this rule is to
                                                                                                        USCG–2014–0195 in the ‘‘Keyword’’                     revise Coast Guard regulations at 46
                                                  Environmental protection,                                                                                   CFR part 105 so that they align with 46
                                                Administrative practice and procedure,                  box, and then clicking ‘‘Search.’’
                                                                                                        FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                              U.S.C. 3702(c) and (d), as those
                                                Air pollution control, Incorporation by                                                                       provisions were last amended in 1984.
                                                reference, Intergovernmental relations,                 you have questions on this final rule,
                                                                                                                                                                 Incidentally to their main commercial
                                                Nitrogen dioxide, Ozone, Particulate                    call or email Mr. Jack Kemerer, Fishing
                                                                                                                                                              fishing industry activities, some
                                                matter, Reporting and recordkeeping                     Vessel Safety Division (CG–CVC–3),
                                                                                                                                                              commercial fishing vessels (CFVs, a
                                                requirements, Sulfur oxides.                            Office of Commercial Vessel
                                                                                                                                                              term that applies to fishing, fish tender,
                                                                                                        Compliance (CVC), U.S. Coast Guard;
                                                                                                                                                              and fish processing vessels) carry
                                                40 CFR Part 97                                          telephone 202–372–1249, email
                                                                                                                                                              petroleum and other combustible
                                                                                                        Jack.A.Kemerer@uscg.mil.
                                                  Environmental protection,                                                                                   cargoes, to dispense or deliver to other
                                                                                                        SUPPLEMENTARY INFORMATION:                            CFVs at sea, or to remote villages
                                                Administrative practice and procedure,
                                                Air pollution control, Electric power                   Table of Contents for Preamble                        (typically in Alaska) that in large part
                                                plants, Nitrogen oxides, Reporting and                                                                        are economically dependent on the
                                                                                                        I. Abbreviations
                                                recordkeeping requirements, Sulfur                                                                            commercial fishing industry. Our
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        II. Basis, Purpose, and Background
                                                dioxide.                                                III. Discussion of Comments and Changes
                                                                                                                                                                1 This authority originally was conferred on the
                                                                                                        IV. Incorporation by Reference
                                                  Accordingly, the interim rule                                                                               Secretary of Transportation and in 2002 transferred
                                                                                                        V. Regulatory Analyses                                to the Secretary of Homeland Security; Pub. L. 107–
                                                amending 40 CFR parts 51, 52, and 97                       A. Regulatory Planning and Review                  296 (codified at 6 U.S.C. 468(b)). As we discuss in
                                                which was published at 79 FR 71663 on                      B. Small Entities                                  section III of this preamble, this final rule amends
                                                December 3, 2014, is adopted as a final                    C. Assistance for Small Entities                   the ‘‘Authority’’ line of 46 CFR part 105 to reflect
                                                rule without change.                                       D. Collection of Information                       this transfer of authority.



                                           VerDate Sep<11>2014   11:39 Mar 11, 2016   Jkt 238001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\14MRR1.SGM   14MRR1


                                                13280                    Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations

                                                NPRM 2 provided a detailed history of                                    III. Discussion of Comments on NPRM                 systems do not facilitate issuance of
                                                statutes addressing these vessels.3                                         We published a notice of proposed                certificates to the affected vessels, and
                                                Congress last amended these statutes in                                  rulemaking on August 20, 2014.5 The                 instead the vessels receive letters of
                                                1984, and the currently applicable                                       NPRM proposed the revisions that we                 compliance. We hope to adjust our
                                                provisions appear in 46 U.S.C. chapter                                   are making in this final rule, and drew             systems in the near future so that
                                                37’s provisions for the carriage of liquid                               comments from one individual, who did               certificates, instead of letters, can be
                                                bulk dangerous cargoes as section                                        not identify an affiliation with any                issued.
                                                3702(c) and (d). Chapter 37 generally                                    industry or non-industry group. Neither                The commenter also recommended
                                                applies to tank vessels, but under                                       that individual nor anyone else                     that we modify our proposal for § 105.15
                                                paragraph (c), it does not apply to a                                    responded to our request for comments               to clearly state that vessels, persons, and
                                                fishing or fish tender vessel of not more                                specifically addressing our proposed                operations involved in cargo transfers
                                                than 500 gross tons. Under paragraph                                     incorporation by reference of two                   are subject to the pollution prevention
                                                (d), chapter 37 also does not apply to a                                 industry consensus standards.                       requirements of 33 CFR subchapter O.
                                                fish processing vessel of not more than                                     The commenter suggested that we                  Compliance with pollution prevention
                                                5,000 gross tons, but that vessel is                                     modify our proposed definition of                   requirements is already a Coast Guard
                                                subject to regulation when carrying                                      ‘‘bulk’’ to align with other Coast Guard            requirement,6 but for better clarity we
                                                flammable or combustible liquid cargo                                    regulations and our Marine Safety                   added paragraph (e) to § 105.15 to point
                                                in bulk.                                                                 Manual. We agree, because bulk is not               out that these persons must comply
                                                   We first issued our current 46 CFR                                    determined by or limited to a specified             with all applicable 33 CFR part 155 and
                                                part 105 safety regulations for CFVs                                     quantity and we have modified the                   156 requirements.
                                                dispensing petroleum or combustible                                      definition accordingly, although the
                                                cargoes in 1969. Part 105 generally                                      definition we are adopting deviates                 IV. Discussion of the Rule
                                                applies to any fishing or fish tender                                    slightly from the commenter’s
                                                vessel of not more than 500 gross tons,                                  suggestion by eliminating an obsolete                  This final rule is substantively
                                                and to any fish processing vessel of not                                 reference to a quantity of 250 barrels,             unchanged from the NPRM and the
                                                more than 5,000 gross tons, engaged in                                   and instead harmonizes with other uses              explanations provided in its preamble.
                                                the Oregon, Washington, or Alaska                                        of ‘‘bulk’’ in 46 CFR 10.107, and 33 CFR            It changes part 105’s applicability
                                                salmon or crab fisheries, if it has, or                                  part 160. At the same time, we reviewed             provisions to align with current section
                                                proposes to have, permanently or                                         our other proposed definitions, and                 3702(c) and (d), makes non-substantive
                                                temporarily installed tanks or containers                                revised the definition of ‘‘cargo’’ to align        changes in wording and in part 105’s
                                                for dispensing petroleum products of                                     with 46 CFR 30.10–5’s definition and as             organization, adds a new industry
                                                Grade B and lower flammable or                                           discussed in Chapter 35 of the Marine               standard that we incorporate in part 105
                                                combustible liquids, in bulk and in                                      Safety Manual. We revised for better                by reference and updates another, and
                                                limited quantities.4 Note, however, that                                 clarification the definitions for                   revises part 105’s authority line (which
                                                under current 46 U.S.C. 3702(c) and (d),                                 ‘‘dispensing’’ and ‘‘dispensing tank,’’             we did not propose in the NPRM, but
                                                there is no longer any statutory basis for                               which are terms that have always                    which is a non-substantive change).
                                                restricting our regulations to CFVs                                      appeared in these regulations but never                Non-substantive rewording and
                                                dispensing petroleum or combustible                                      previously been defined. Also, we                   reorganization. We are making non-
                                                cargoes engaged in the Oregon,                                           revised the definition of ‘‘certificate of          substantive wording changes to better
                                                Washington, or Alaska salmon or crab                                     compliance’’ to state that the term may             align the wording with wording used in
                                                fisheries, and that the only CFVs for                                    refer to any document attesting to an               applicable Coast Guard policies, and
                                                which those regulations are authorized                                   affected vessel’s compliance. We made               simplifying part 105’s structure by
                                                are the fish processors of not more than                                 a similar change to the text of                     eliminating its subparts and
                                                5,000 gross tons discussed in 46 U.S.C.                                  § 105.10(b). These changes are necessary            consolidating and renumbering its
                                                3702(d).                                                                 because at this time Coast Guard                    sections, as shown in Table 1.

                                                                                                         TABLE 1—CURRENT AND NEW SECTIONS OF PART 105
                                                           Current § or subpart of part 105                                                                         New § of part 105

                                                105.01–1 .............................................................    105.1.
                                                105.01–3 .............................................................    105.3.
                                                105.01–5 .............................................................    Transfer substance to § 105.5 and remove.
                                                105.05–1 .............................................................    105.1, 105.11.
                                                105.05–2 .............................................................    105.11.
                                                105.05–3 .............................................................    Transfer substance to § 105.5 and remove.
                                                105.05–5 .............................................................    105.11.
                                                105.05–10 ...........................................................     105.1, 105.11.
                                                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 legislation.
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                                                                                                                            New § 105.5 defines ‘‘commercial fish processing vessel,’’ the only type of CFV to which
                                                                                                                            part 105 still applies.
                                                Subpart 105.15 ...................................................        105.10.

                                                  2 79 FR 49261 (August 20, 2014). Note that the                         subsequent document (80 FR 204, January 5, 2015)      5 79FR 49261.
                                                NPRM was originally published under an incorrect                         corrected this error.                                 6 See 46 CFR 28.255(h), which applies to part 105
                                                                                                                           3 NPRM, p. 49262.
                                                docket number (USCG–2013–0195), but a                                                                                        vessels.
                                                                                                                           4 46 CFR 105.05–1(a) and (b).




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                                                                         Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations                                                   13281

                                                                                              TABLE 1—CURRENT AND NEW SECTIONS OF PART 105—Continued
                                                            Current § or subpart of part 105                                                                        New § of part 105

                                                105.20–1 .............................................................    105.10.
                                                105.20–3, –5, –10, –15 ......................................             105.12.
                                                Subpart 105.25 ...................................................        105.12.
                                                Subpart 105.30 ...................................................        105.13.
                                                Subpart 105.35 ...................................................        105.14.
                                                105.45–1(a)(1), (a)(2) .........................................          105.10.
                                                105.45–1(b) .........................................................     Specific new requirements for cargo transfer operations appear in new § 105.15. We remove
                                                                                                                            current § 105.45–1(b) because its credentialing provisions duplicates requirements currently
                                                                                                                            contained in 46 CFR subchapter B (Merchant Marine Officers and Seamen).
                                                105.45–5, –10, –15, –20 ....................................              105.15.
                                                105.90–1 .............................................................    105.



                                                   Incorporation by reference. We are                                    0170.1 to specify the paragraphs of that            received no additional information or
                                                incorporating new industry standard UL                                   Delegation in which the Secretary                   data that will alter our assessment on
                                                19 and updating the version of ASTM                                      delegates the regulatory authority                  the NPRM. Therefore, we are adopting
                                                323 that we incorporate, for the reasons                                 conferred by these documents to the                 as final the regulatory assessment for the
                                                we explained in the NPRM.7                                               Coast Guard.                                        NPRM, with minor administrative edits
                                                   Authority. We are editing the                                                                                             as noted below. The following
                                                ‘‘Authority’’ line for part 105, to update                               IV. Incorporation by Reference
                                                                                                                                                                             assessment replicates the analysis found
                                                information about the sources of our                                        The Director of the Federal Register             in the NPRM regulatory assessment.
                                                authority to issue the regulations it                                    has approved the material in § 150.3 for               The Coast Guard does not expect this
                                                contains.                                                                incorporation by reference under 5                  rule to result in any economic impact on
                                                   We are deleting the current reference                                 U.S.C. 552 and 1 CFR part 51. Copies of             industry. The revisions reflect 1984
                                                to 49 U.S.C. Appendix 1804. Appendix                                     the material are reasonably available to            statutory changes, simplify regulatory
                                                1804 has been replaced by 49 U.S.C.                                      the public by contacting the sources                text, and clarify existing language in
                                                5103, giving the Department of                                           listed in § 105.3. The rule incorporates            order to harmonize the existing
                                                Transportation the authority to regulate                                 UL 19, which prescribes standards for               regulations with current industry
                                                the transportation of hazardous                                          fire hoses and hose assemblies, and an              practices. We estimate that 14
                                                materials. That authority was delegated                                  updated version of ASTM 323, which                  commercial fish processing vessels are
                                                to the Coast Guard by 49 CFR 1.46(c)(4),                                 sets out the Reid standard method for               affected by this rule and we obtained
                                                (l), and (m), as that section existed when                               assessing petroleum vapor pressure.                 this number by using the Coast Guard’s
                                                the Coast Guard was transferred to DHS.                                                                                      Marine Information for Safety and Law
                                                                                                                         V. Regulatory Analyses
                                                When Congress transferred the Coast                                                                                          Enforcement (MISLE) database.
                                                Guard to DHS, it enacted 6 U.S.C.                                          We developed this rule after                      Additionally, Coast Guard subject
                                                468(b), preserving the then-existing                                     considering numerous statutes and                   matter experts working in the Office of
                                                authorities and functions of the Coast                                   executive orders (E.O.s) related to rule.           Commercial Vessel Compliance (CVC–
                                                Guard. We are also deleting the current                                  Below we summarize our analyses                     3), have independently verified and
                                                reference to Executive Order (E.O.)                                      based on these statutes and E.O.s.                  confirmed the total affected population
                                                11735 because it confers no regulatory                                   A. Regulatory Planning and Review                   to be 14 vessels. Our analysis of this
                                                authority on the Secretary of the                                                                                            population shows that all the
                                                department in which the Coast Guard is                                      Executive Orders 12866, Regulatory               commercial fish processing vessels
                                                operating.                                                               Planning and Review and 13563,                      affected by this rule are fitted with
                                                   We are adding the following                                           Improving Regulation and Regulatory                 storage tanks that allow them to
                                                authorities to the part 105 authority                                    Review direct agencies to assess the                transport liquid cargoes in bulk.
                                                line. As discussed in the preceding                                      costs and benefits of available regulatory             The updates in this rule do not
                                                paragraph, we are adding 6 U.S.C.                                        alternatives and, if regulation is                  require changes to industry practices
                                                468(b) and 49 U.S.C. 5103, which                                         necessary, to select regulatory                     because these updates simply reflect
                                                together preserve the Coast Guard’s                                      approaches that maximize net benefits               current industry practices; therefore,
                                                former Department of Transportation                                      (including potential economic,                      this rule does not impose any cost on
                                                authority to regulate the transportation                                 environmental, public health, safety                the affected population. Table 1
                                                of hazardous materials. We are adding                                    effects, distributive impacts, and equity           ‘‘Current and New Sections of Part 105’’
                                                section 2103 in Title 46 of the U.S.                                     benefits). Executive Order 13563                    (earlier in this preamble) lists the
                                                Code, which gives the Secretary of the                                   emphasizes the importance of                        changes and we summarize the changes
                                                department in which the Coast Guard is                                   quantifying both costs and benefits, of             and the economic impact of this rule in
                                                operating general regulatory authority to                                reducing costs, of harmonizing rules,               the following paragraphs:
                                                implement 46 U.S.C. Subtitle II, which                                   and of promoting flexibility. This rule
                                                contains the other sections of 46 U.S.C.                                 has not been designated a ‘‘significant             105.1 Purpose and Applicability
                                                that we list in our authority line. We are                               regulatory action’’ under section 3(f) of              This provision has been revised to
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                                                also adding E.O. 12777, which delegates                                  E.O. 12866. Accordingly, the rule has               align with the 1984 Act and to
                                                the President’s regulatory authority                                     not been reviewed by the Office of                  implement 46 U.S.C. 3702(d). Part 105
                                                under 33 U.S.C. 1321(j)(5) and (j)(6) to                                 Management and Budget (OMB).                        will apply to section 3702(d)
                                                the Secretary. We are also amplifying                                       The Coast Guard did not receive any              commercial fish processing vessels not
                                                the listing for DHS Delegation No.                                       comments related to the regulatory                  greater than 5,000 gross tons and built
                                                                                                                         assessment found in the proposed rule               after 1976, but will no longer apply to
                                                  7 NPRM,     p. 49264, Table 2.                                         during the public comment period. We                other commercial fishing vessels of 500


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                                                13282              Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations

                                                gross tons or less. Additionally, the                   Positive statements of what storage                   owned and operated and are not
                                                1984 Act removed the geographical                       arrangements are allowed may be                       dominant in their fields, and
                                                limitations which were restricted to the                unduly restrictive, because these                     governmental jurisdictions with
                                                States of Washington, Alaska, and                       statements leave no room for the future               populations of less than 50,000. This
                                                Oregon and this provision is updating                   evolution of safe storage arrangements.               rule does not impose any economic
                                                current CFR language to reflect these                   This provision will not cause an                      impact on any entities. In the NPRM the
                                                statutory changes. We do not expect this                economic burden on industry since the                 Coast Guard certified that this rule
                                                provision to change industry operations                 provision is simply stating the Coast                 would not have a significant economic
                                                and believe it will have no economic                    Guard’s authority to review and address               impact on a substantial number of small
                                                impact on industry.                                     any safety concerns with the storage and              entities. The Coast Guard received no
                                                                                                        transportation of petroleum products.                 comments related this certification nor
                                                105.3 Incorporation by Reference
                                                                                                                                                              to its discussion and analysis of impacts
                                                  We have revised this section to                       105.12 Cargo Tanks and Pumping
                                                                                                                                                              on small entities during the public
                                                reference UL 19 and the updated                         System Requirement
                                                                                                                                                              comment period. We have received no
                                                version of ASTM 323. The revised                          This provision will consolidate the                 additional information or data that
                                                section complies with current Office of                 requirements for plans and drawings                   would alter our determination,
                                                Federal Register requirements and this                  which are currently found in subparts                 discussion and analysis from the NPRM.
                                                update will link existing regulatory                    105.20, 105.25, and 105.90, in the new                  Therefore, the Coast Guard affirms its
                                                compliance standards for fire hoses (46                 § 105.10. These editorial changes will                certification under 5 U.S.C. 605(b) that
                                                CFR 105.35–15(c)(1)) to UL 19. We have                  shorten the current format by                         this rule will not have a significant
                                                incorporated ASTM 323 simply to                         simplifying details found within                      economic impact on a substantial
                                                reference the current industry standards                subparts 105.20, 105.25, and 105.90.                  number of small entities.
                                                that define ‘‘Reid Vapor Pressure’’. The                These editorial changes will not cause
                                                                                                                                                              C. Assistance for Small Entities
                                                language in this provision does not                     an economic burden on the affected
                                                cause any economic impact.                              population.                                             Under section 213(a) of the Small
                                                                                                                                                              Business Regulatory Enforcement
                                                105.5 Definitions                                       105.13 Electrical Fitting and Fixtures                Fairness Act of 1996, Public Law 104–
                                                   The rule updates the definitions that                  This provision is an editorial change               121, we offered to assist small entities
                                                are required to identify the population                 that consolidates and simplifies existing             in understanding this rule so that they
                                                of commercial fish processing vessels                   subparts 105.30 and 105.90 to reflect the             can better evaluate its effects on them
                                                transporting and dispensing limited                     statutory changes by shortening the                   and participate in the rulemaking. The
                                                quantities of flammable or combustible                  format and by simplifying specific                    Coast Guard will not retaliate against
                                                liquid cargo in bulk. The rule, per the                 details found within these subparts. The              small entities that question or complain
                                                one commenter’s comment, revised the                    change in this provision will not cause               about this rule or any policy or action
                                                definition of ‘‘bulk.’’ In addition, as we              any economic burden on the affected                   of the Coast Guard.
                                                noted above the definitions of ‘‘cargo,’’               population.                                             Small businesses may send comments
                                                ‘‘dispensing,’’ and ‘‘dispensing tank,’’                                                                      on the actions of Federal employees
                                                were also modified for alignment and                    105.14 Fire Extinguishing Equipment                   who enforce, or otherwise determine
                                                clarification purposes. These provisions                  This provision shortens the format                  compliance with, Federal regulations to
                                                do not cause any economic burden to                     and simplifies details found in subpart               the Small Business and Agriculture
                                                industry because they are simply                        105.35. This provision will not cause an              Regulatory Enforcement Ombudsman
                                                clarifying, not changing, the criteria that             economic burden on the affected                       and the Regional Small Business
                                                are applicable to the affected                          population since the changes in this                  Regulatory Fairness Boards. The
                                                population.                                             provision are editorial.                              Ombudsman evaluates these actions
                                                                                                        105.15 Cargo Transfer Operations                      annually and rates each agency’s
                                                105.10 Vessel Examinations
                                                                                                                                                              responsiveness to small business. If you
                                                   The change in language from ‘‘vessel                   The changes in this section will                    wish to comment on actions by
                                                inspection’’ to ‘‘vessel examination’’ is a             shorten the format and simplify                       employees of the Coast Guard, call 1–
                                                technical change that is consistent with                language of existing subpart 105.45.                  888–REG–FAIR (1–888–734–3247).
                                                the Coast Guard’s terminology related to                This provision eliminates
                                                commercial fishing vessels. The term                    documentation requirements that                       D. Collection of Information
                                                inspection is typically used to describe                appear elsewhere in the subpart. These                  This rule calls for no new collection
                                                Coast Guard activities related to vessels               requirements are duplicates of the                    of information under the Paperwork
                                                that require a Certificate of Inspection                provisions found in 46 CFR subchapter                 Reduction Act of 1995, 44 U.S.C. 3501–
                                                (COI). Similar activities on vessels not                B (Merchant Marine Officers and                       3520.
                                                required to hold a COI, such as                         Seaman). This provision will not cause
                                                                                                                                                              E. Federalism
                                                commercial fishing vessels, are typically               an economic burden on the affected
                                                referred to as examinations. This change                population since the changes in this                     A rule has implications for federalism
                                                is solely to provide consistency and will               provision are editorial in nature.                    under E.O. 13132, Federalism, if it has
                                                not produce any economic burden on                                                                            a substantial direct effect on the States,
                                                                                                        B. Small Entities                                     on the relationship between the national
                                                industry.
                                                                                                          Under the Regulatory Flexibility Act,               government and the States, or on the
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                                                105.11 Prohibitions                                     5 U.S.C. 601–612, we have considered                  distribution of power and
                                                  There is one substantive change to                    whether this rule would have a                        responsibilities among the various
                                                this section, which is to replace                       significant economic impact on a                      levels of government. We have analyzed
                                                § 105.05–5 specifications on how                        substantial number of small entities.                 this rule under that Order and have
                                                petroleum products must be stored on                    The term ‘‘small entities’’ comprises                 determined that it is consistent with the
                                                vessels with a specification of what                    small businesses, not-for-profit                      fundamental federalism principles and
                                                storage arrangements are prohibited.                    organizations that are independently                  preemption requirements as described


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                                                                   Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations                                            13283

                                                in Executive Order 13132. Our analysis                  H. Civil Justice Reform                               gasoline, volatile crude oil, and other
                                                is explained below.                                       This rule meets applicable standards                volatile petroleum products.
                                                   It is well settled that States may not               in sections 3(a) and 3(b)(2) of E.O.                    UL 19, Standard for Safety for Lined
                                                regulate in categories reserved for                     12988, (‘‘Civil Justice Reform’’), to                 Fire Hose and Hose Assemblies, Twelfth
                                                regulation by the Coast Guard, including                minimize litigation, eliminate                        Edition 2001. This standard covers the
                                                categories for inspected vessels. It is                 ambiguity, and reduce burden.                         construction, performance, and testing
                                                also well-settled, now, that all of the                                                                       of fire hoses.
                                                categories covered in 46 U.S.C. 3306,                   I. Protection of Children
                                                                                                                                                                Following publication of our NPRM,
                                                3703, 7101, and 8101 (design,                              We have analyzed this rule under E.O.              we received no public comments on
                                                construction, alteration, repair,                       13045, (‘‘Protection of Children from
                                                maintenance, operation, equipping,                                                                            incorporation of these materials by
                                                                                                        Environmental Health Risks and Safety                 reference.
                                                personnel qualification, and manning of                 Risks’’). This rule is not an
                                                vessels), as well as the reporting of                   economically significant rule and will                M. Environment
                                                casualties and any other category in                    not create an environmental risk to
                                                which Congress intended the Coast                                                                               We have analyzed this rule under
                                                                                                        health or risk to safety that might
                                                Guard to be the sole source of a vessel’s                                                                     Department of Homeland Security
                                                                                                        disproportionately affect children.
                                                obligations, are within the field                                                                             Management Directive 023–01 and
                                                foreclosed from regulation by the States.               J. Indian Tribal Governments                          Commandant Instruction M16475.lD,
                                                (See the decision of the Supreme Court                     This rule does not have tribal                     which guide the Coast Guard in
                                                in the consolidated cases of United                     implications under E.O. 13175,                        complying with the National
                                                States v. Locke and Intertanko v. Locke,                (‘‘Consultation and Coordination with                 Environmental Policy Act of 1969, 42
                                                529 U.S. 89, 120 S.Ct. 1135 (March 6,                   Indian Tribal Governments’’), because it              U.S.C. 4321–4370f, and have made a
                                                2000).)                                                 will not have a substantial direct effect             determination that this action is one of
                                                   This rule amends the applicability of                on one or more Indian tribes, on the                  a category of actions that do not
                                                existing regulations in order to align                  relationship between the Federal                      individually or cumulatively have a
                                                with the statutory authority granted,                   Government and Indian tribes, or on the               significant effect on the human
                                                through delegation, to the Coast Guard                  distribution of power and                             environment. This rule is categorically
                                                under 46 U.S.C. 3306, and further                       responsibilities between the Federal                  excluded under section 2.B.2, figure
                                                outlined under 46 U.S.C. 3702, to                       Government and Indian tribes.                         2–1, paragraph (34)(d) and (e) of the
                                                promulgate regulations for commercial                                                                         Instruction and 6.a. of the ‘‘Appendix to
                                                fish processing vessels when carrying                   K. Energy Effects                                     National Environmental Policy Act:
                                                flammable or combustible liquid cargoes                    We have analyzed this rule under E.O.              Coast Guard Procedures for Categorical
                                                in bulk. This authority was specifically                13211, (‘‘Actions Concerning                          Exclusions, Notice of Final Agency
                                                defined by Congress and, hence, States                  Regulations That Significantly Affect                 Policy’’ (67 FR 48243, July 23, 2002).
                                                and local governments do not have the                   Energy Supply, Distribution, or Use. We               This rule involves regulations
                                                authority to determine the applicability                have determined that it is not a                      concerning vessel operation safety
                                                of Coast Guard-issued regulations for                   ‘‘significant energy action’’ under that              standards; regulations concerning
                                                commercial fish processing vessels, nor                 order because it is not a ‘‘significant               equipment approval and carriage
                                                do they have the authority to                           regulatory action’’ under E.O. 12866 and              requirements; and regulations
                                                promulgate regulations within the                       is not likely to have a significant                   concerning the examination of and
                                                category of commercial fish processing                  adverse effect on the supply,                         equipping of vessels. An environmental
                                                vessels carrying flammable or                           distribution, or use of energy.                       analysis checklist and a categorical
                                                combustible liquid cargoes in bulk.                                                                           exclusion determination are available in
                                                                                                        L. Technical Standards
                                                Therefore, the rule is consistent with the                                                                    the docket where indicated under
                                                principles of federalism and preemption                    The National Technology Transfer                   ADDRESSES.
                                                requirements in E.O. 13132.                             and Advancement Act, codified as a
                                                                                                        note to 15 U.S.C. 272, directs agencies               List of Subjects in 46 CFR Part 105
                                                F. Unfunded Mandates Reform Act                         to use voluntary consensus standards in                 Cargo vessels, Fishing vessels,
                                                  The Unfunded Mandates Reform Act                      their regulatory activities unless the                Hazardous materials transportation,
                                                of 1995, 2 U.S.C. 1531–1538, requires                   agency provides Congress, through                     Incorporation by reference, Marine
                                                Federal agencies to assess the effects of               OMB, with an explanation of why using                 safety, Petroleum, Seamen.
                                                their discretionary regulatory actions. In              these standards would be inconsistent                   For the reasons discussed in the
                                                particular, the Act addresses actions                   with applicable law or otherwise                      preamble, the Coast Guard revises 46
                                                that may result in the expenditure by a                 impractical. Voluntary consensus                      CFR part 105 to read as follows:
                                                State, local, or tribal government, in the              standards are technical standards (e.g.,
                                                aggregate, or by the private sector of                  specifications of materials, performance,             PART 105—COMMERCIAL FISHING
                                                $100,000,000 (adjusted for inflation) or                design, or operation; test methods;                   VESSELS DISPENSING PETROLEUM
                                                more in any one year. Though this rule                  sampling procedures; and related                      PRODUCTS
                                                will not result in such an expenditure,                 management systems practices) that are
                                                we do discuss the effects of this rule                  developed or adopted by voluntary                     Sec.
                                                elsewhere in this preamble.                             consensus standards bodies.                           105.1 Purpose and applicability.
                                                                                                           This rule uses the following new                   105.3 Incorporation by reference.
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                                                G. Taking of Private Property                           voluntary consensus standards, which                  105.5 Definitions.
                                                  This rule will not cause a taking of                                                                        105.10 Vessel examinations.
                                                                                                        are listed and summarized below:                      105.11 Prohibitions.
                                                private property or otherwise have                         ASTM D323–08 Standard Test                         105.12 Cargo tank and pumping system
                                                taking implications under E.O. 12630,                   Method for Vapor Pressure of Petroleum                     requirements.
                                                Governmental Actions and Interference                   Products (Reid Method), 2014. This                    105.13 Electrical fittings and fixtures.
                                                with Constitutionally Protected Property                standard covers procedures for the                    105.14 Fire extinguishing equipment.
                                                Rights.                                                 determination of vapor pressure of                    105.15 Cargo transfer operations.



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                                                13284              Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations

                                                  Authority: 6 U.S.C. 468(b); 33 U.S.C.                   (2) [Reserved]                                      determined by flashpoint from an open
                                                1321(j); 46 U.S.C. 2103, 3306, 3703, 4502; 49                                                                 cup tester, as used for testing of burning
                                                U.S.C. 5103; E.O. 12777, sec. 2(d)(2) and (f),          § 105.5   Definitions.                                oils) at or below 80 °F. Flammable
                                                56 FR 54757, 3 CFR, 1991 Comp., p. 351;                    As used in this part, the italicized
                                                Department of Homeland Security Delegation
                                                                                                                                                              liquids are referred to by grades as
                                                                                                        terms have the meanings indicated in                  follows:
                                                No. 0170.1(II) (80), (92.a), (92.b).
                                                                                                        this section.                                            (1) Grade A. Any flammable liquid
                                                § 105.1   Purpose and applicability.                       Approved means approved by the                     having a Reid vapor pressure of 14
                                                   This part implements 46 U.S.C.                       Commandant, U.S. Coast Guard, unless                  pounds or more, as measured in
                                                3702(d), concerning the applicability to                otherwise stated.                                     accordance with ASTM D 323
                                                fish processing vessels of statutes                        Bulk means a quantity of a commodity               (incorporated by reference, see § 105.3).
                                                relating to the carriage of liquid bulk                 carried as a liquid cargo or liquid-cargo                (2) Grade B. Any flammable liquid
                                                dangerous cargoes. This part applies to                 residue, without mark or count, in an                 having a Reid vapor pressure of less
                                                each vessel of not more than 5,000 gross                integral, fixed, or portable tank. It does            than 14 pounds and more than 81⁄2
                                                tons, the primary use of which is as a                  not include liquid cargo packaged in a                pounds, as measured in accordance
                                                commercial fish processing vessel, and                  portable tank that is loaded and                      with ASTM D 323.
                                                that incidental to its primary use, carries             discharged from a vessel with the                        (3) Grade C. Any flammable liquid
                                                and dispenses limited quantities of                     contents intact.                                      having a Reid vapor pressure of
                                                flammable or combustible liquid cargo                      Cargo means a combustible liquid or                81⁄2 pounds or less and a flashpoint of
                                                in bulk. Certain provisions in §§ 105.12                flammable liquid transported in                       80 °F or below, as measured in
                                                and 105.13 apply only to vessels the                    commerce by a commercial fish                         accordance with ASTM D 323.
                                                construction of which was contracted                    processing vessel for delivery to a                      Fuel tank means a tank other than a
                                                for before May 31, 1976.                                recipient inside or outside the fishing               dispensing tank used to transport
                                                                                                        industry. It does not include                         flammable or combustible liquid for the
                                                § 105.3   Incorporation by reference.                   combustible liquids or flammable                      purpose of supplying fuel for
                                                   (a) Certain material is incorporated by              liquids carried in a tank for use only by             propulsion of the vessel to which it is
                                                reference into this part with the                       machinery and boats carried aboard the                attached.
                                                approval of the Director of the Federal                 processing vessel, or for use only by                    Limited quantities means not more
                                                Register under 5 U.S.C. 552(a) and 1                    vessels that are directly supporting the              than 20 percent of a vessel’s deadweight
                                                CFR part 51. To enforce any edition                     processing vessel’s primary operations.               tonnage as applied to bulk liquid
                                                other than that specified in this section,                 Certificate of compliance means the                cargoes or carried in permanent or
                                                the Coast Guard must publish a notice                   document issued and displayed in                      temporary tanks.
                                                of change in the Federal Register and                   accordance with § 105.10.                                New vessel means a vessel whose
                                                the material must be available to the                      Combustible liquid means any liquid                construction is contracted for on or after
                                                public. All approved material is                        having a flashpoint above 80 °F (as                   May 31, 1976.
                                                available for inspection at Coast Guard                 determined from an open cup tester, as                   Pressure vacuum relief valve means
                                                Headquarters. Contact Commandant                        used for testing of burning oils). A                  any device or assembly of a mechanical,
                                                (CG–CVC), Attn: Office of Commercial                    Grade D combustible liquid is one                     liquid, weight, or other type used for the
                                                Vessel Compliance, U.S. Coast Guard                     having a flashpoint above 80 °F and                   automatic regulation of pressure or
                                                Stop 7501, 2703 Martin Luther King Jr.                  below 150 °F. A Grade E combustible                   vacuum in enclosed places.
                                                Avenue SE., Washington, DC 20593–                       liquid is one having a flashpoint of
                                                7501; telephone 202–372–1244. Also, it                  150 °F or above.                                      § 105.10   Vessel examination.
                                                is available for inspection at the                         Commercial fish processing vessel                    (a) Each examination referred to in
                                                National Archives and Records                           means a self-propelled manned vessel                  this section must be conducted by the
                                                Administration (NARA). For                              that commercially prepares fish or fish               Coast Guard to determine whether the
                                                information on the availability of this                 products other than by gutting,                       examined vessel is in substantial
                                                material at NARA, call 202–741–6030 or                  decapitating, gilling, skinning,                      compliance with this part. An
                                                go to http://www.archives.gov/federal_                  shucking, icing, freezing, or brine                   examination may include any test or
                                                register/code_of_federal_regulations/                   chilling.                                             verification that the examiner deems
                                                ibr_locations.html.                                        Dispensing means the unloading of                  necessary for determining the vessel’s
                                                   (b) ASTM International, 100 Barr                     any quantity of flammable or                          safety and seaworthiness.
                                                Harbor Drive, West Conshohocken, PA                     combustible liquids in bulk.                            (1) The owner or operator of each
                                                19428–2959, telephone: 610–832–9500,                       Dispensing tank means any tank from                vessel subject to this part must apply,
                                                fax: 610–832–9555, http://                              which a quantity of a flammable or                    using Form CG–3752, available at
                                                www.astm.org.                                           combustible liquid is filled or emptied               http://www.uscg.mil/forms/cg/cg_
                                                   (1) ASTM D 323–08, ‘‘Standard Test                   onboard the vessel by means of                        3752.pdf, to the cognizant Officer in
                                                Method for Vapor Pressure of Petroleum                  pumping, gravitation, or displacement.                Charge, Marine Inspection, for the
                                                Products (Reid Method),’’ approved                         Examination means a careful and                    vessel to be examined in accordance
                                                December 15, 2008, incorporation by                     critical assessment of the vessel and its             with paragraph (b) of this section. In
                                                reference approved for § 105.5.                         appurtenances carried out by an                       applying for a vessel’s initial
                                                   (2) [Reserved]                                       authorized examiner or an organization                examination under this section, the
                                                   (c) UL (formerly Underwriters                        designated by the Commandant, U.S.                    application must be accompanied by a
                                                Laboratories, Inc.), 12 Laboratory Drive,               Coast Guard. This includes, where                     plan or sketch of each cargo tank and
jstallworth on DSK7TPTVN1PROD with RULES




                                                Research Triangle Park, NC 27709–3995,                  necessary, a visual assessment of the                 piping system for filling and dispensing
                                                919–549–1400, http://www.ul.com.                        vessel’s hull, structures, electrical                 bulk flammable or combustible cargoes,
                                                   (1) UL 19, Standard for Safety—Lined                 systems, and machinery, supplemented                  and a brief description of those systems,
                                                Fire Hose and Hose Assemblies, Twelfth                  by other means such as measurement                    including their dimensions and
                                                edition, approved November 30, 2001,                    and/or nondestructive testing.                        materials used. If cargo tanks are located
                                                incorporation by reference approved for                    Flammable liquid means any liquid                  in enclosed compartments or below
                                                § 105.14(d).                                            that gives off flammable vapors (as                   decks, the plans or sketches must show


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                                                                        Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations                                                                         13285

                                                the ventilation system. Plans or sketches                              Guard will issue, and the vessel’s owner                                 flammable liquids in bulk, or carrying
                                                need not be submitted if the cargo tanks                               or operator must display on board, a                                     bulk flammable or combustible liquids
                                                and piping systems have previously                                     certificate of compliance that describes                                 in portable or temporarily installed
                                                been accepted by the Coast Guard.                                      the amounts of bulk liquid flammable or                                  dispensing tanks or containers that are
                                                   (2) Each vessel must be examined                                    combustible cargoes that the vessel may                                  either below deck or in closed
                                                before its first use in loading,                                       carry, the number of crewmembers                                         compartments on or above deck.
                                                transporting, or dispensing combustible                                required to hold merchant mariner
                                                or flammable liquids in bulk, and at                                   credentials and tankerman                                                § 105.12 Cargo tank and pumping system
                                                least annually thereafter if the vessel                                endorsements in accordance with 46                                       requirements.
                                                carries such liquids in temporarily                                    U.S.C. 8304 and 46 CFR part 13, and                                         (a) Cargo tanks for the carriage of bulk
                                                installed cargo tanks or containers, or at                             any conditions applicable to the carriage
                                                least biennially thereafter if the vessel                                                                                                       flammable or combustible liquids must
                                                                                                                       or dispensation of those cargoes. Each
                                                carries such liquids in permanently                                                                                                             be constructed of iron, steel, copper,
                                                                                                                       certificate of compliance is valid for not
                                                installed cargo tanks.                                                                                                                          nickel alloy, copper alloy, or aluminum.
                                                                                                                       more than 2 years or until suspended or
                                                   (3) A vessel that is laid up,                                       revoked. A letter of compliance may be                                   Tanks must be designed to withstand
                                                dismantled, or out of commission is                                    issued as an alternative to a certificate                                the maximum head to which they may
                                                exempt from the requirements of this                                   of compliance.                                                           be subjected, and tanks of more than
                                                section.                                                                                                                                        150 gallons capacity must have at least
                                                   (b) After examining a vessel and                                    § 105.11          Prohibitions.                                          the thickness indicated in Table 1 of
                                                finding it to be in substantial                                           Each vessel to which this part applies                                § 105.12.
                                                compliance with this part, the Coast                                   is prohibited from transporting Grade A

                                                                                                                      TABLE 1 TO § 105.12—TANK THICKNESS
                                                              Material                                      ASTM specification (latest edition)                                               Thickness in inches and gauge number 2 3

                                                Nickel copper .......................      B127, hot rolled sheet or plate .......................................                      0.107 (USSG 12).
                                                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 5 ....................................................................           5086 0.250 (USSG 3).
                                                   1 Tanks fabricated with these materials must not be utilized for the carriage of diesel oil.
                                                   2 Thegauge 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 of more than 400 gallons capacity 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                               a shutoff valve is installed at the tank.                                or tubing providing equivalent safety
                                                fittings must be welded or brazed, and                                 Tanks for Grades B and C liquids must                                    may be used for diesel cargo systems.
                                                tanks may not have flanged-up top                                      have top suctions only.                                                     (2) Valves must be of a suitable
                                                edges.                                                                    (3) Vent lines must be at least equal                                 nonferrous metallic Union Bonnet type
                                                   (2) A tank exceeding 30 inches in any                               in size to the filling lines.                                            with ground seats, except that steel or
                                                horizontal dimension must be fitted                                       (4) When a cargo tank contains Grades                                 nodular iron may be used in cargo
                                                with vertical baffle plates of the same                                B or C liquids, the vent lines must be                                   systems that use steel pipe or tubing.
                                                material as the tank, unless the tank has                              terminated with an approved pressure                                        (3) Aluminum or aluminum alloy
                                                a greater thickness than minimum                                       vacuum relief valve not less than 3 feet                                 valves and fittings may not be used in
                                                requirements and is reinforced with                                    above the weather deck. When a cargo                                     cargo lines.
                                                stiffeners. Limber holes at the bottom                                 tank contains Grades D or E liquids, the
                                                                                                                                                                                                   (f) Pumps. (1) Pumps for cargo
                                                and air holes at the top of all baffles                                vent line may be terminated with a
                                                                                                                                                                                                dispensing must be of a type satisfactory
                                                must be provided.                                                      gooseneck fitted with a flame screen at
                                                                                                                                                                                                for the purpose.
                                                   (3) An opening fitted with a threaded                               a reasonable height above the weather
                                                pipe plug may be used on the bottom of                                 deck.                                                                       (2) A relief valve must be provided on
                                                the tank for cleaning purposes.                                           (d) Hydrostatic tests. Tanks vented to                                the discharge side of the pump if the
                                                   (b) Supports. Tanks must be                                         the atmosphere must be hydrostatically                                   pressure under shutoff conditions
                                                adequately supported and braced to                                     tested to a pressure of 5 pounds per                                     exceeds 60 pounds. When a relief valve
                                                prevent movement. Supports and braces                                  square inch or 11⁄2 times the maximum                                    is installed, it must discharge back to
                                                must be insulated from contact with the                                head to which they may be subjected in                                   the suction of the pump.
                                                tank surface using a nonabrasive and                                   service. A standpipe of 111⁄2 feet in                                       (3) Where electric motors are installed
jstallworth on DSK7TPTVN1PROD with RULES




                                                nonabsorbent material.                                                 length attached to the tanks may be                                      with dispensing pumps, they must be
                                                   (c) Fittings. (1) Filling lines must be                             filled with water to accomplish the 5                                    explosion-proof and so labeled by UL or
                                                at least 11⁄2 inches standard pipe size                                pounds per square inch test.                                             another recognized laboratory, as
                                                and extend to within 11⁄2–pipe                                            (e) Piping systems. (1) Piping must be                                suitable for Class I, Group D
                                                diameters of the bottom of the tank.                                   copper, nickel copper, or copper nickel,                                 atmospheres.
                                                   (2) Suction lines from diesel oil tanks                             with a minimum wall thickness of 0.035                                      (g) Grounding. (1) All tanks and
                                                may be taken from the bottom provided                                  inches; except that seamless steel piping                                associated lines must be electrically


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                                                13286              Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations

                                                grounded to the vessel’s common                         or equipment may be installed or used                    (2) All piping, valves, and fittings
                                                ground.                                                 unless approved for a Class I, Group D                must be in accordance with good marine
                                                   (2) A grounded type hose and nozzle                  hazardous location and labeled as such                practice and suitable for the purpose
                                                must be used for dispensing fuels.                      by UL or another recognized laboratory.               intended.
                                                   (h) Cargo tanks installed below                         (b) All electrical equipment, fixtures,               (3) One length of the fire hose must
                                                decks—additional requirements. (1)                      and fittings located within 10 feet of a              be attached to each fire hydrant at all
                                                Compartments or areas containing tanks                  vent outlet or a dispensing outlet must               times. The fire hose may be a
                                                or pumping systems must be closed off                   be explosion-proof and labeled as such                commercial fire hose or equivalent of
                                                from the remainder of the vessel by                     by UL or another recognized laboratory,               not more than a 11⁄2-inch diameter, or a
                                                gastight bulkheads. Such gastight                       as suitable for Class I, Group D                      garden hose of not less than a 5⁄8-inch
                                                bulkheads may be pierced for a drive                    atmospheres.                                          nominal inside diameter. The hose must
                                                shaft and pump engine control rods if                      (c) All electrical equipment must be               be in one piece, not less than 25 feet,
                                                the openings are fitted with stuffing                   grounded to the vessel’s common                       and not more than 50 feet in length. If
                                                boxes or other acceptable gland                         ground.                                               a 11⁄2-inch diameter fire hose is used
                                                arrangements.                                              (d) Tanks, containers, and associated              after January 1, 1980, each length of
                                                   (2) Each compartment must be                         piping systems in use prior to December               hose must be lined as a commercial fire
                                                provided with a mechanical exhaust                      1, 1969, on a vessel the construction of              hose that conforms to UL 19
                                                system capable of ventilating the                       which was contracted for before May 31,               (incorporated by reference; see § 105.3).
                                                compartment with a complete change of                   1976, are exempt from the requirements                A hose that bears a UL label as a lined
                                                air every 3 minutes. The intake duct or                 of this section provided they are                     fire hose is accepted as conforming to
                                                ducts must be of a sufficient size to                   maintained in a condition that the                    this requirement. The hose must have a
                                                permit the required air change. The                     Officer in Charge, Marine Inspection,                 combination nozzle approved by the
                                                exhaust duct or ducts must be located                   finds satisfactory, and provided that                 Commandant in accordance with 46
                                                so as to remove vapors from the lower                   major repairs or replacement of                       CFR subpart 162.027. If a garden hose is
                                                portion of the space or bilges.                         exempted equipment and systems is in                  used, it must be of a good commercial
                                                   (3) The ventilation outlets must                     accordance with this part.                            grade constructed of an inner rubber
                                                terminate more than 10 feet from any                                                                          tube, plies of braided cotton
                                                opening to the interior of the vessel that              § 105.14    Fire extinguishing equipment.
                                                                                                           (a) Each vessel must carry at least two            reinforcement, and an outer rubber
                                                normally contains sources of vapor                                                                            cover, or of equivalent material, and
                                                ignition. The ventilation fan must be                   B–II dry chemical or foam portable fire
                                                                                                        extinguishers that comply with 46 CFR                 must be fitted with a commercial garden
                                                explosion-proof and unable to act as a                                                                        hose nozzle of good-grade bronze or
                                                source of ignition.                                     28.160 and bear the UL marine type
                                                                                                        label, and must be located at or near                 equivalent metal. All fittings on fire
                                                   (4) Cargo pumps must not be installed
                                                                                                        each dispensing area. This equipment                  hoses must be of brass, copper, or other
                                                in the cargo tank compartment unless
                                                                                                        must be examined prior to issuing a                   suitable corrosion-resistant metal.
                                                the drive system is outside the
                                                compartment. Suction pipelines from                     letter of compliance.                                 § 105.15   Cargo transfer operations.
                                                cargo tanks must be run directly to the                    (b) Each vessel must be provided with
                                                                                                        a hand-operated portable fire pump                       During a transfer operation involving
                                                pump, but not through working or crew
                                                                                                        having a capacity of at least 5 gallons               bulk liquid flammable or combustible
                                                spaces of the vessel.
                                                                                                        per minute and equipped with a suction                cargoes—
                                                   (5) Tanks must be located so as to
                                                provide at least 15 inches of space                     and discharge hose suitable for use in                   (a) The operation must comply with
                                                around the tank, including top and                      firefighting. The pump may also serve as              any conditions listed in the vessel’s
                                                bottom, to permit external examination.                 a bilge pump.                                         certificate of compliance;
                                                   (6) Shutoff valves must be provided in                  (c) A self-priming power-driven fire                  (b) The person in charge of the
                                                the suction lines as close to the tanks as              pump must be installed on each vessel                 operation must ensure that—
                                                possible. Valves must be installed so as                of more than 65 feet in length overall.                  (1) Any galley fire is safely
                                                to shut off against the flow. Remote                    The pump must be able to discharge an                 maintained during the operation or
                                                control of the shutoff valve must be                    effective stream from a hose connected                immediately extinguished if it cannot be
                                                provided where the examiner deems                       to the highest outlet, must be fitted with            so maintained; and
                                                necessary.                                              a pressure gauge, and must have a                        (2) No smoking takes place in the
                                                   (i) Exemption for older vessels. Tanks,              minimum capacity of 50 gallons per                    vicinity of the operation.
                                                containers, and associated piping                       minute at a pressure of not less than 60
                                                                                                        pounds per square inch at the pump                       (c) A red flag by day or a red electric
                                                systems in use prior to December 1,                                                                           lantern at night, visible on all sides,
                                                1969, on a vessel the construction of                   outlet. The pump must be self-priming
                                                                                                        and connected to the fire main and may                must be used to signal a dockside
                                                which was contracted for before May 31,                                                                       transfer operation. For non-dockside
                                                1976, are exempt from the requirements                  be driven off a propulsion engine or
                                                                                                        other source of power. The pump may                   transfer operations, a red flag must be
                                                of this section provided they are                                                                             used to signal the operation; and
                                                maintained in a condition that the                      also be connected to the bilge system so
                                                Officer in Charge, Marine Inspection,                   that it can serve as either a fire pump                  (d) During a dockside transfer
                                                finds satisfactory, and provided that                   or a bilge pump.                                      operation, a placard must be displayed
                                                major repairs or replacement of                            (d) Each vessel that must have a                   to warn persons approaching the
                                                exempted equipment and systems is in                    power-driven fire pump must also have                 gangway. The placard must use letters at
jstallworth on DSK7TPTVN1PROD with RULES




                                                accordance with this part.                              a fire main system that includes a fire               least 2 inches high, bear the heading
                                                                                                        main, hydrants, hoses, and nozzles.                   ‘‘Warning,’’ and prohibit open lights,
                                                § 105.13   Electrical fittings and fixtures.               (1) Fire hydrants must be of sufficient            smoking, or visitors.
                                                  (a) In compartments or areas                          number and located such that any part                    (e) The vessel, personnel, and
                                                containing tanks or pumps handling                      of the vessel may be reached with an                  operation are subject to all applicable
                                                petroleum products other than Grade E                   effective stream of water from a single               pollution prevention requirements set
                                                products, no electrical fittings, fixtures,             length of hose.                                       forth in 33 CFR parts 155 and 156.


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                                                                    Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations                                                     13287

                                                  Dated: March 1, 2016.                                 expedite litigation and the potential                  will issue its decision no later than 180
                                                V.B. Gifford, Jr.,                                      application of any such procedures to                  days after the close of the evidentiary
                                                Captain, U.S. Coast Guard, Director of                  rate cases. The Board will also                        record.
                                                Inspections and Compliance.                             determine whether additional changes                      Because these changes relate solely to
                                                [FR Doc. 2016–05262 Filed 3–11–16; 8:45 am]             to the SAC case process are necessary in               the rules of agency practice, procedure,
                                                BILLING CODE 9110–04–P                                  order for the Board to meet the                        and organization, they will be issued as
                                                                                                        expedited timeline for a final decision                final rules without requesting public
                                                                                                        established under the STB                              comment. See 5 U.S.C. 553(b)(A).
                                                SURFACE TRANSPORTATION BOARD                            Reauthorization Act.                                      The Regulatory Flexibility Act (RFA),
                                                                                                                                                               as amended by the Small Business
                                                                                                        49 CFR 1111.8, Procedural Schedule in
                                                49 CFR Part 1111                                                                                               Regulatory Enforcement Fairness Act of
                                                                                                        SAC Cases
                                                                                                                                                               1996, 5 U.S.C. 601–612, generally
                                                [Docket No. EP 732]                                        Section (a) will be revised to adjust               requires an agency to prepare a
                                                                                                        the schedule in SAC cases to conform to                regulatory flexibility analysis of any rule
                                                Revised Procedural Schedule In Stand-
                                                                                                        the STB Reauthorization Act.                           subject to notice and comment
                                                Alone Cost Cases
                                                                                                        Furthermore, to reconcile the SAC case                 rulemaking requirements, unless the
                                                AGENCY:    Surface Transportation Board.                schedule with determinations made in a                 agency certifies that the rule will not
                                                ACTION:   Final rule.                                   prior rulemaking proceeding, the Board                 have a significant economic impact on
                                                                                                        will amend its regulations to no longer                a substantial number of small entities.
                                                SUMMARY:   The Surface Transportation                   require that the parties file evidence on              Because the Board has determined that
                                                Board (Board or STB) is revising its                    the existence of product and geographic                notice and comment are not required
                                                regulations by adjusting the procedural                 competition.2 Also, in line with the                   under the APA for this rulemaking, the
                                                schedule in stand-alone cost (SAC)                      practice before the Board in recent SAC                requirements of the RFA do not apply.
                                                cases to conform with the Surface                       cases, only the complainant will file
                                                Transportation Board Reauthorization                    opening and rebuttal evidence, and only                List of Subjects in 49 CFR Part 1111
                                                Act of 2015 (STB Reauthorization Act).                  the defendant will file reply evidence.                  Administrative practice and
                                                DATES: This rule is effective on April 8,               Both parties will continue to file final               procedure, Investigations.
                                                2016. This rule is not applicable to SAC                briefs.                                                  It is ordered:
                                                cases filed before the STB                                 The Board considers the day the                       1. The final rules set forth in the
                                                Reauthorization Act’s enactment date of                 complaint is filed to be Day 0. The                    Appendix to this decision are adopted.
                                                December 18, 2015.                                      deadlines for the conference of the                    Notice of the rules adopted here will be
                                                                                                        parties (Day 7 or before) and the                      published in the Federal Register.
                                                ADDRESSES: Information or questions
                                                                                                        defendant’s answer (Day 20) will remain                  2. This decision is effective on the
                                                regarding these final rules should
                                                                                                        the same as under the current rules. The               date of service. The rules are effective
                                                reference Docket No. EP 732 and be in
                                                                                                        deadline for discovery will move from                  April 8, 2016.
                                                writing addressed to: Chief, Section of
                                                                                                        Day 75 to Day 150. The complainant
                                                Administration, Office of Proceedings,                                                                           Decided: March 7, 2016.
                                                                                                        will have an additional 15 days (for a
                                                Surface Transportation Board, 395 E                                                                              By the Board, Chairman Elliott, Vice
                                                                                                        total of 60 days) from the close of
                                                Street SW., Washington, DC 20423–                                                                              Chairman Miller, and Commissioner
                                                                                                        discovery to submit its opening
                                                0001.                                                                                                          Begeman.
                                                                                                        evidence.
                                                FOR FURTHER INFORMATION CONTACT:                           The defendant will continue to have                 Kenyatta Clay,
                                                Nathaniel Bawcombe at (202) 245–0376.                   60 days from the deadline for opening                  Clearance Clerk.
                                                [Assistance for the hearing impaired is                 evidence to file its reply evidence. The                 For the reasons set forth in the
                                                available through the Federal                           complainant will have an additional 5                  preamble, the Surface Transportation
                                                Information Relay Service (FIRS) at                     days (for a total of 35 days) from the                 Board amends parts 1111 of title 49,
                                                1–800–877–8339.]                                        deadline for reply evidence to file its                chapter X, of the Code of Federal
                                                SUPPLEMENTARY INFORMATION: Because                      rebuttal evidence.                                     Regulations as follows:
                                                this administrative final rule amends                      The Board is adding two additional
                                                agency practice and procedure, this                     deadlines to § 1111.8 in accordance                    PART 1111—COMPLAINT AND
                                                action is exempt from the usual                         with the STB Reauthorization Act. The                  INVESTIGATION PROCEDURES
                                                requirement for notice and an                           first is that final briefs will be due 30
                                                opportunity for public comment under                    days after the deadline for rebuttal                   ■ 1. Revise the authority citation for part
                                                5 U.S.C. 553(b)(A) of the Administrative                evidence.3 The second is that the Board                1111 to read as follows:
                                                Procedure Act (APA).                                                                                             Authority: 49 U.S.C. 10704, 11701, and
                                                                                                          2 In 1998, the Board instituted a rulemaking
                                                  The Board is revising its regulations at              proceeding to reconsider whether product and
                                                                                                                                                               1321.
                                                49 CFR 1111.8 so that the procedural                    geographic competition should be eliminated as         ■ 2. In § 1111.8, revise paragraph (a) to
                                                schedule in SAC cases conforms with                     factors in determining market dominance in rail
                                                                                                        rate cases. The Board concluded that evidence of       read as follows:
                                                Section 11(b) of the STB
                                                                                                        product and geographic competition should be
                                                Reauthorization Act.1 The Board                         excluded because such evidence was not required        § 1111.8 Procedural schedule in stand-
                                                intends to address implementation of                    by 49 U.S.C. 10707(a) and because of the substantial   alone cost cases.
                                                other parts of Section 11 separately—                   burden its inclusion imposed on the parties and the      (a) Procedural schedule. Absent a
jstallworth on DSK7TPTVN1PROD with RULES




                                                including initiating a proceeding to                    Board. Mkt. Dominance Determinations—Prod. &
                                                                                                        Geographic Competition, 3 S.T.B. 937 (1998).
                                                                                                                                                               specific order by the Board, the
                                                assess procedures that are available to                 Accordingly, evidence regarding product and
                                                parties in litigation before courts to                  geographic competition has not been considered by      briefs are due ‘‘not later than 60 days’’ after the
                                                                                                        the Board in market dominance determinations           close of the evidentiary record. The purpose of the
                                                  1 The Board is also revising the authority listed     since that time.                                       30-day deadline for final briefs is to ensure that the
                                                under Part 1111 to reflect the STB Reauthorization        3 In order to expedite the adjudication of SAC       Board has a full record of the parties’ submissions
                                                Act’s redesignation of section 721 of Title 49 of the   cases, the STB Reauthorization Act provides that       as soon as practicable, thus facilitating a final
                                                United States Code as section 1321.                     the Board must establish a schedule where final        decision.



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Document Created: 2016-03-12 01:00:51
Document Modified: 2016-03-12 01:00:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective April 13, 2016. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 13, 2016.
ContactIf you have questions on this final rule, call or email Mr. Jack Kemerer, Fishing Vessel Safety Division (CG-CVC-3), Office of Commercial Vessel Compliance (CVC), U.S. Coast Guard; telephone 202-372-1249, email [email protected]
FR Citation81 FR 13279 
RIN Number1625-AC18
CFR AssociatedCargo Vessels; Fishing Vessels; Hazardous Materials Transportation; Incorporation by Reference; Marine Safety; Petroleum and Seamen

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