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Review and Update of Standards for Marine Equipment
Oct 31, 2008 (FIND, Inc. via COMTEX) --
SUMMARY: The Coast Guard amends its rules relating to standards for marine equipment and updates the incorporation in those rules of references to national and international safety standards. This rule is part of an ongoing effort for regulatory review and reform that increases the focus on results, decreases the focus on process, and expands compliance options for the regulated public.
EFFECTIVE DATE: This final rule is effective December 1, 2008. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register on December 1, 2008.
ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2003-16630 and are available for inspection or copying at the Docket Management Facility, (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at http://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call Thane Gilman, Project Manager, Office of Design and Engineering Standards (CG- 521), U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 20593-0001, telephone 202-372-1383. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Acronyms
II. Regulatory History
III. Background and Purpose
IV. Discussion of Comments and Changes
V. Incorporation by Reference
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Benefits
C. Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Acronyms
ABS American Bureau of Shipping
ABYC American Boat and Yacht Council
AGA American Gas Association
ANSI American National Standards Institute
API American Petroleum Institute
ASME American Society of Mechanical Engineers
ASTM American Standards for Testing and Materials
CGA Compressed Gas Association
CNG Compressed Natural Gas
EJMA Expansion Joint Manufacturers Association, Inc.
FCI Fluid controls Institute, Inc.
IEC International Electrotechnical Commission
IEEE Institute of Electrical and Electronic Engineers
IMO International Maritime Organization
ISA Instrument Society of America
ISO International Organization for Standardization
LPG Liquid Petroleum Gas
MAWP Maximum Allowable Working Pressure
MSC Marine Safety Center
MSS Manufacturers Standardization Society of the Valve and Fitting Industry, Inc.
NARA National Archives and Records Administration
NAVSEA Naval Sea Systems Command
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NEPA National Environmental Policy Act of 1969
NFPA National Fire Protection Association
NPFC Naval Publications and Forms Center
NPRM Notice of Proposed Rulemaking
NPS Nominal Pipe Size
NTTAA National Technology Transfer and Advancement Act
PCBs Polychloride biphenyls
SAE Society of Automotive Engineers
SNPRM Supplemental Notice of Proposed Rulemaking
SOLAS Safety of Life At Sea
UL Underwriters Laboratories, Inc.
II. Regulatory History
On June 30, 2004, we published a notice of proposed rulemaking (NPRM) entitled "Review and Update of Standards for Marine Equipment" in the Federal Register (69 FR 39742). We received 13 letters commenting on the proposed rule. Two commenters suggested we hold a public meeting to discuss changes they recommended. However, as those recommendations are beyond the scope of this rulemaking, we did not adopt this suggestion and no public meeting was held.
In numerous cases, the exact designation of standards that we incorporate by reference has changed between the NPRM and this final rule. These changes have been made to bring our regulatory text into compliance with Office of the Federal Register technical requirements governing incorporations by reference, and are intended to help the public better identify exactly which standards we intend to enforce. They are not intended to be substantive changes and receive no further discussion.
Other changes are relatively few in number and may or may not be substantive. They are discussed in "IV. Discussion of Comments and Changes." Overall, the changes we have made since publishing the NPRM are either non- substantive or are the logical outgrowth of the NPRM. A supplemental notice of proposed rulemaking (SNPRM) is, therefore, unnecessary, and would delay completion of this rulemaking. Thus, we find good cause under 5 U.S.C. 552(b)(B) to proceed with publication of this final rule without an SNPRM.
III. Background and Purpose
The Coast Guard has actively participated in the development of industry standards of safety for marine equipment at the International Maritime Organization (IMO), the International Organization for Standardization (ISO), the ASTM International, and other standards-setting bodies that belong to the American National Standards Institute (ANSI).
This rule is part of an ongoing effort for regulatory review and reform, with the goals of: (1) Updating references to incorporated standards that have been modified; (2) removing obsolete rules; (3) making our regulations performance-based; and (4) expanding efforts to promote consensual rulemaking.
IV. Discussion of Comments and Changes
The NPRM discusses the changes made by this rule in detail. In general, our changes fall into eight categories:
(1) Revisions to authority citations.
(2) Correction of prior inadvertent errors or deletions.
(3) Deletion of obsolete or superfluous material.
(4) Adoption of The International System of Units (metric) measurements.
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(5) Reduction of regulatory thresholds.
(6) Stylistic revisions.
(7) Updating cross references.
(8) Updating references to industry standards.
This rule affects only inspected commercial vessels. It imposes no new requirements and, therefore, requires no phase-in period.
The Coast Guard received 13 letters commenting on the NPRM. Many of the comments suggested changes that go beyond the scope of this rulemaking, including the adoption of newer industry standards. This rulemaking is designed to update references to industry standards, but is not intended to introduce new standards that would change the substance of our regulations. We have not adopted any of these suggestions and, in most cases, do not discuss their merits in this document. Nevertheless, we appreciate these comments and may consider them in the future, should we ever undertake a more substantive revision of our rules.
Four commenters stated that two major documents developed by the American Petroleum Institute (API), API RP-14F and API RP-14FZ, were not recognized when creating these rules and merit consideration. We did not consider this recommendation because it is beyond the scope of this rulemaking.
Two commenters strongly recommended that the Coast Guard hold a public meeting to identify cable designs, their functional attributes, and their ultimate recognition as acceptable designs for the marine industry. As previously discussed, these suggestions are beyond the scope of this rulemaking and we did not adopt this recommendation.
One commenter stated that, because this rulemaking is applicable to low voltage power control and medium voltage insulated conductor constructions, the optional insulation systems and armor designs available for these cables should be discussed during this revision cycle to serve the purpose of updating and including state-of-the-art technology. This is beyond the scope of this rulemaking, but we point out that new state-of-the-art technologies can be submitted for equivalency review.
One commenter stated that the name of ASTM (American Society for Testing and Materials) has changed to American Standards for Testing and Materials (ASTM) International. The actual name is now ASTM International, and we have changed the text accordingly.
One commenter suggested that we review the wording of [Section] 56.10-1(b). We have reworded the paragraph to incorporate what we believe to be the commenter's concern.
One commenter suggested that we incorporate a reference to "similar junction equipment" in [Section] 56.10-5(c)(6). We have revised the paragraph accordingly.
One commenter suggested a minor rewording of [Section] 56.25-5, which we have incorporated.
One commenter asked us to remove the reference to threaded studs in [Section] 56.25-20(d), saying that a stud is an unthreaded pin used in guiding the application. We disagree and have retained the language used in the NPRM. Studs have threads similar to bolts, but have no heads.
One commenter asked us to make minor revisions to the wording of [Section] 56.25-20(e). Because our intention is to reproduce ASME-B31.1, part 108.5.1, we decline this request and have retained the language of the NPRM.
One commenter asked us to replace, in [Section] 56.30-20(d), the phrase "No pipe * * *" with "No steel pipe * * *." We do not think this change is necessary, but have revised the language in the NPRM to omit a reference to ANSI standard weight.
One commenter requested minor revisions to [Section] 56.60-3(b). Because our intention is to reproduce ASME-B31.1 part 124.2.C, we decline this request and have retained the language of the NPRM.
One commenter asked us to revise the language of [Section] 92.15-10(d). The commenter's proposed revision was identical to the text in the NPRM. However, we have revised the paragraph to include a reference to 46 CFR 97.80-1.
Three commenters requested that in [Section] 110.10-1, we replace the reference to IEEE Std 45-1998 with a reference to a newer standard, IEEE Std 45-2002. A fourth commenter asked us to add several International Electrotechnical Commission (IEC) standards to this section. These changes are outside the scope of the rulemaking. Note that in some cases, the additional standards these commenters suggest need not be made explicit in the regulatory text; compliance with those standards is already required by the standards that we do list.
One commenter asked us to amend [Section] 111.01-9 to make it clear that there is no exact correlation between NEMA types and IEC IP types. We have retained the NPRM version of this section, which does not correlate the NEMA and IEC types, but provides the minimum NEMA and IEC IP protection required. The rule provides two separate, independent schemes for achieving protection. The user will follow either NEMA or IEC IP types.
Three commenters requested that we change the title of [Section] 111.05-7 and substitute "All cables shall be installed in accordance with requirements of section 25 of IEEE 45-2002" for the NPRM text, because the section should apply not only to armored cable but to all cable, thus providing the total installation requirements. We did not accept this recommendation because it is outside the scope of this rulemaking.
Four commenters pointed out that the reference in [Section] 111.30-19(a)(1) to "Section 7.10" is to IEEE 45-1998, not the newer IEEE 45-2002 revision. They asked us to incorporate the 2002 standards in order to provide a higher level of safety. This recommendation is outside the scope of this rulemaking.
One commenter asked us to change the minimum cable size in [Section] 111.30-19(b)(3) from 14 AWG to 15 AWG, to be on par with IEC. This recommendation is outside the scope of this rulemaking.
Three commenters suggested that the inclusion of [Section] 111.60-1(c) as it appeared in the NPRM is redundant, because T/N cable construction is covered in IEEE 1580, which is referred to in paragraph (a) of the section. We agree and have deleted the NPRM language of paragraph (c).
Three commenters pointed out that [Section] 111.60-1(d), as it appeared in the NPRM, incorrectly referenced IEEE Std 45, which does not provide cable construction data. We agree that the correct reference is to IEEE 1580 and have revised this paragraph accordingly.
One commenter asked us to amend [Section] 111.60-2 to require the use of continuous corrugated metal clad armor or installation within continuous metal piping. This recommendation is outside the scope of this rulemaking.
One commenter stated that, in [Section] 111.60-2, the reference to IEC 60332-2 is incorrect and should be changed to IEC 60332-3-23. We agree that the reference in the NPRM is incorrect, but have corrected the reference to read IEC 60332-3-22. The same commenter also asked us to delete the reference in this section to ANSI/UL 1581 test VW-1, on the grounds that it is inferior to the other listed standards in evaluating flame propagation behavior of completed cable assemblies. This recommendation is outside the scope of this rulemaking.
Two commenters asked us to amend [Section] 111.60-3 so that all cable to be installed as marine shipboard cable must meet the performance requirements in Table 24 of IEEE 45. We have retained the NPRM language. Table 24 of IEEE Std 45-2002 is meant for
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cable application, not cable performance requirements. Table 24 of IEEE Std 45-2002 does not apply in whole to each cable construction standard recognized in [Section] 111.60-1 of this subpart and is not applicable to this section.
Three commenters asked us to replace the NPRM's "must meet" in [Section] 111.60-3(a)(3) with "must be applied in accordance with," for better clarity as to the correct ampacity. We agree and have changed the language accordingly.
Three commenters asked us to replace the NPRM's "be derated according to" in [Section] 111.60-3(b)(1) with "be applied in accordance with." We agree and have changed that language accordingly. However, we disagree with their additional comment that the reference in paragraph (b)(1) to Note 6 should be deleted because it requires no additional derating. We have retained the reference as Note 6 provides for additional derating of cables when the cable is double banked.
One commenter suggested the use of "clause" instead of "paragraph" in [Section] 111.60-3(b)(2) to conform to IEC usage. We have made the requested change here and throughout subpart 111.60.
Three commenters asked us to remove the exception in [Section] 111.60- 5(a)(1) for section 25.11 of IEEE Std 45, saying the exception is not justified technically and that its removal would be consistent with [Section] 111.60-19. We have retained the exception. Section 111.60-19 explicitly states one area where cable splicing is allowed and is only applicable to hazardous locations; splicing is only allowed in intrinsically safe locations. These locations, by definition, are low voltage applications.
Three commenters asked us to broaden [Section] 111.60-5(a)(2) so that it refers to all of IEC 60092-352, not just to clause 8 of that standard, because proper installation requires use of the entire standard. We agree and have changed the text accordingly.
Two commenters asked us to revise [Section] 111.60-5(c)(3) to permit the use of certain types of metal sheath as a grounding conductor. We have retained the NPRM language. The Coast Guard has a longstanding policy of not allowing any cable armor to be used as a grounding conductor. The requested change is a significant modification to our rules and is, therefore, beyond the scope of this rulemaking.
One commenter asked us to revise [Section] 111.60-11(c), but without apparent change. We have retained the NPRM language.
Two commenters suggested deleting [Section] 111.60-23 because its subject is addressed by IEEE 1580. Alternatively, they suggested revising the section "to correct the construction and installation." We have retained the section as it appears in the NPRM. The requested change is beyond the scope of this rulemaking. Also, the restrictions of 46 CFR 111.60-23(c) cover a broader range of potential motions than those addressed in IEEE-1580, clauses 5.17.13 and 5.17.14. A detailed review of this issue is discussed in the Federal Register publications of June 4, 1996, page 28265, and May 1, 1997, page 23901. Prior to the publication of the existing rule, the Coast Guard conducted a complete review and revision of the regulations, bolstered by onsite observations, in order to determine the safe application of type MC cable aboard a vessel.
One commenter asked us to revise [Section] 111.60-23(b) to require continuous corrugation, and to make other wording changes. We have retained the NPRM language. Continuous corrugation is already required by paragraph (a) of this section.
One commenter implied that we should omit [Subsection] 111.105-3, 111.105- 31(e), and 111.105-41 because their content is covered by section 33 of IEEE Std 45-2002. We are retaining these provisions. Adoption of the 2002 standard would, in these cases, constitute substantive changes beyond the scope of this rulemaking.
Three commenters asked us to revise [Section] 111.105-17(a) to permit the use of Type MC-HL cable. This recommendation is outside the scope of this rulemaking.
Three commenters asked us to revise [Section] 111.105-41 so that it specifically references clauses 22.7.2 and 33.7.3 of IEEE 45. We are retaining the current general reference to IEEE 45 because several of its clauses are applicable.
One commenter called our attention to an incorrect reference in [Section] 111.107-1. We have corrected the section so that it refers to IEEE-1202.
Finally, one commenter suggested adding references, in [Section] 113.30- 25(j)(2), to IEC 60331-23 and IEC 60331-25. We are retaining the NPRM language for paragraph (j)(2). The recommendation is outside the scope of this rulemaking.
V. Incorporation by Reference
The Director of the Federal Register has approved the material in 46 CFR 52.01-1, 53.01-1, 54.01-1, 56.01-2, 58.03-1, 59.01-2, 62.05-1, 63.05-1, 76.01- 2, 92.01-2, 110.10-1, 162.017-1, 170.015, and 175.600 for incorporation by reference under 5 U.S.C. 552 and 1 CFR part 51. Copies of the material are available from the sources listed in those sections.
VI. Regulatory Analyses
We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.
A. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full Regulatory Assessment is unnecessary.
We received 13 letters commenting on the NPRM. None of these letters suggested there would be additional costs to industry for compliance with these revised industry standards.
Operators, owners, and manufacturers of vessels affected by this rule currently practice and adhere to national and international standards developed by organizations composed of representatives from a cross-section of interest groups affected by these standards.
We estimate that this final rule will have no additional costs to industry. New vessels coming into service are equipped and built under the provisions and standards of this rule.
These provisions and standards are not retroactive for owners and operators of existing vessels. Additionally, these owners and operators are not required to upgrade to the new standards if their equipment breaks down. Owners and operators of existing vessels have the option of repairing existing equipment or possibly installing similar equipment. These owners and operators may incur expected repair and replacement costs related to their existing equipment, but they will not incur additional mandatory costs associated with the provisions and requirements of this rule. If any owner or operator of an existing vessel of the current fleet chooses to upgrade, it is a voluntary upgrade.
B. Benefits
This rule will eliminate confusion caused by outdated and conflicting rules on the safety of marine engineering for owners, operators, and manufacturers of vessels. These changes will update outdated rules to meet current national and international standards. In addition, this rule will give the maritime industry clear instructions and descriptions of how to comply with various rules.
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C. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we considered whether this rule will have a significant economic impact on a substantial number of small entities. The term "small entities" comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities because it is not retroactive and because it imposes no mandatory costs on owners or operators of vessels.
D. Collection of Information
This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Federalism
A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. This rule will revise outdated standards on safety of marine equipment with international and national standards created and approved in part by State and local governments that participate in organizations that develop national standards for marine operation and safety.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their regulatory actions not specifically required by law. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
G. Taking of Private Property
This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that may disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a "significant energy action" under that order because it is not a "significant regulatory action" under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise be impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.
This rule uses voluntary consensus standards from the following organizations: American Bureau of Shipping (ABS) International, American National Standards Institute (ANSI), American Petroleum Institute (API), American Society of Mechanical Engineers (ASME), American Gas Association, ASTM International, International Electrotechnical Commission (IEC), Institute of Electrical and Electronic Engineers (IEEE), International Maritime Organization (IMO), Instrument Society of America (ISA), International Organization for Standardization (ISO), Manufacturers Standardization Society of the Valve and Fitting Industry, Inc. (MSS), Naval Sea Systems Command (NAVSEA), National Electrical Manufacturers Association (NEMA), National Fire Protection Association (NFPA), Naval Publications and Forms Center (NPFC), Society of Automotive Engineers (SAE), and Underwriters' Laboratories, Inc. (UL). The sections that reference these consensus standards and the locations where these standards are available are listed in 46 CFR 52.01-1, 53.01-1, 54.01-1, 56.01-2, 58.03-1, 59.01-2, 62.05-1, 63.05-1, 76.01-2, 92.01-2, 110.10-1, 162.017-1, 170.015, and 175.600.
M. Environment
We have analyzed this rule under Department of Homeland Security Management Directive 5100.1 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded under the Instruction that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(d) of the Instruction, from further environmental documentation. This rule will replace outdated safety standards for marine equipment with current national and international standards, and therefore will not have any impact on the environment. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES.
List of Subjects
46 CFR Part 32
Cargo vessels, Fire prevention, Marine safety, Navigation (water), Occupational safety and health, Reporting and recordkeeping requirements, Seamen.
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46 CFR Part 50
Reporting and recordkeeping requirements, Vessels.
46 CFR Parts 52, 53, 54, 56, 58, 59, 61, 62, 63, and 110
Incorporation by reference, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 76
Fire prevention, Incorporation by reference, Marine safety, Passenger vessels.
46 CFR Part 92
Cargo vessels, Fire prevention, Incorporation by reference, Marine safety, Occupational safety and health, Seamen.
46 CFR Parts 111, 112
Incorporation by reference, Vessels.
46 CFR Part 113
Communications equipment, Fire prevention, Incorporation by reference, Vessels.
46 CFR Part 162
Fire prevention, Incorporation by reference, Marine safety, Oil pollution, Reporting and recordkeeping requirements.
46 CFR Part 170
Marine safety, Incorporation by reference, Reporting and recordkeeping requirements, Vessels.
46 CFR Parts 175, 177, and 185
Marine safety, Incorporation by reference, Passenger vessels, Reporting and recordkeeping requirements.
46 CFR Parts 176, 181
Fire prevention, Marine safety, Incorporation by reference, Passenger vessels, Reporting and recordkeeping requirements.
46 CFR Part 179, 182, 183
Incorporation by reference, Marine safety, Passenger vessels.
For the reasons discussed in the preamble, the Coast Guard amends 46 CFR parts 32, 50, 52, 53, 54, 56, 58, 59, 61, 62, 63, 76, 92, 110, 111, 112, 113, 162, 170, 175, 176, 177, 179, 181, 182, 183, and 185 as follows:
PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS
1. Revise the authority citation for part 32 to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1; Subpart 32.59 also issued under the authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.
2. Add new [Section] 32.53-30 to read as follows:
[Section] 32.53-30 Positive pressure--T/ALL.
Each inert gas system must be designed to enable the operator to maintain a gas pressure of 100 millimeters (4 inches) of water on filled cargo tanks and during loading and unloading of cargo tanks.
PART 50--GENERAL PROVISIONS
3. The authority citation for part 50 continues to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1; Section 50.01-20 also issued under the authority of 44 U.S.C. 3507.
[Section] 50.20-33 [Removed and Reserved]
4. Remove and reserve [Section] 50.20-33.
[Section] 50.25-1 [Amended]
5. In [Section] 50.25-1(e), remove the term "G-MSE" and add, in its place, the term "CG-521".
PART 52--POWER BOILERS
6. The authority citation for part 52 continues to read as follows:
Authority: 46 U.S.C. 3306, 3307, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1.
7. Revise [Section] 52.01-1 to read as follows:
[Section] 52.01-1 Incorporation by reference.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locat ions.html. The material is also available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-521), 2100 Second Street, SW., Washington, DC 20593-0001, and is available from the sources listed below.
(b) American Society of Mechanical Engineers (ASME) International, Three Park Avenue, New York, NY 10016-5990:
(1) 2001 ASME Boiler and Pressure Vessel Code, Section I, Rules for Construction of Power Boilers (July 1, 2001) ("Section I of the ASME Boiler and Pressure Vessel Code"), 52.01-2; 52.01-5; 52.01-50; 52.01-90; 52.01-95; 52.01-100; 52.01-105; 52.01-110; 52.01-115; 52.01-120; 52.01-135; 52.01-140; 52.01-145; 52.05-1; 52.05-15; 52.05-20; 52.05-30; 52.05-45; 52.15-1; 52.15-5; 52.20-1; 52.20-25; 52.25-3; 52.25-5; 52.25-7; and 52.25-10.
(2) 1998 ASME Boiler and Pressure Vessel Code, Section II, Part A--Ferrous Material Specifications and Part B--Nonferrous Material Specifications
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