
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Rules and Regulations]
[Pages 13279-13287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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


