Lifesaving Devices-Uninspected Commercial Barges and Sailing Vessels

SUMMARY

The Coast Guard is aligning its regulations with the 2010 Coast Guard Authorization Act. Before 2010, certain uninspected commercial vessels including barges and sailing vessels fell outside the scope of the statute requiring the Coast Guard to regulate lifesaving devices on uninspected vessels. Lifesaving devices were required on such uninspected commercial vessels only if they carried passengers for hire. The 2010 Act brought all uninspected commercial vessels within the scope of the statutory requirement to carry lifesaving devices even if they carry no passengers for hire. The effect of the 2010 Act was to bring, for the first time, uninspected non-passenger commercial barges and sailing vessels within the scope of the lifesaving devices requirement. The Coast Guard is now requiring the use of wearable personal flotation devices for individuals on board those vessels, and amending several regulatory tables to reflect that requirement. This rulemaking promotes the Coast Guard's marine safety mission.

 
CONTENT

Federal Register, Volume 79 Issue 175 (Wednesday, September 10, 2014)

Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)

Rules and Regulations

Pages 53621-53631

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2014-21541

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 2, 24, 25, 30, 70, 90, and 188

Docket No. USCG-2012-0919

RIN 1625-AB83

Lifesaving Devices--Uninspected Commercial Barges and Sailing Vessels

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is aligning its regulations with the 2010 Coast Guard Authorization Act. Before 2010, certain uninspected commercial vessels including barges and sailing vessels fell outside the scope of the statute requiring the Coast Guard to regulate lifesaving devices on uninspected vessels. Lifesaving devices were required on such uninspected commercial vessels only if they carried passengers for hire. The 2010 Act brought all uninspected commercial vessels within the scope of the statutory requirement to carry lifesaving devices even if they carry no passengers for hire. The effect of the 2010 Act was to bring, for the first time, uninspected non-passenger commercial barges and sailing vessels within the scope of the lifesaving devices requirement. The Coast Guard is now requiring the use of wearable personal flotation devices for individuals on board those vessels, and amending several regulatory tables to reflect that requirement. This rulemaking promotes the Coast Guard's marine safety mission.

DATES: This final rule is effective October 10, 2014.

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-2012-0919 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 by going to http://www.regulations.gov, inserting USCG-2012-0919 in the ``Keyword'' box, and then clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: For information about this document, call or email Mr. Martin Jackson, Office of Design and Engineering Standards, Lifesaving and Fire Safety Division (CG-ENG-4), Coast Guard; telephone 202-372-1391, email Martin.L.Jackson@uscg.mil. For information about viewing or submitting material to the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-

366-9826, toll free 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations

II. Background

III. Discussion of Comments

IV Discussion of the Rule

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

CFR Code of Federal Regulations

E.O. Executive Order

FR Federal Register

MISLE Marine Information for Safety and Law Enforcement

NPRM Notice of proposed rulemaking

OSHA Occupational Safety and Health Administration

PFD Personal flotation device

Pub. L. Public Law

Sec. Section symbol

The Act 2010 Coast Guard Authorization Act

U.S.C. United States Code

II. Background

Sections 2103 and 4102 of title 46, United States Code (U.S.C.), provide the legal basis for this rule. Section 2103 gives the Secretary of the department in which the Coast Guard is operating general regulatory authority to carry out the provisions of 46 U.S.C. Subtitle II (``Vessels and Seamen''). Section 4102(b) \1\ requires the Secretary to ``prescribe regulations requiring the installation, maintenance, and use of life preservers and other lifesaving devices for individuals on board uninspected vessels.'' The Secretary of Homeland Security's authority under 46 U.S.C. 2103 and 4102 is delegated to the Coast Guard.\2\

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\1\ As amended by section 619 of the 2010 Coast Guard Authorization Act, Pub. L. 111-281, 124 Stat. 2905.

\2\ DHS Delegation No. 0170.1(II)(92)(a), (92)(b).

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The uninspected vessels to which section 4102(b) applies are not subject to inspection under 46 U.S.C. 3301 and are not recreational vessels.\3\ Until passage of the 2010 Coast Guard Authorization Act (``the Act''), section 4102(b) applied only to uninspected vessels ``propelled by machinery,'' and thus excluded certain uninspected commercial vessels including most

Page 53622

barges and some sailing vessels unless they carried passengers for hire.\4\ Current Coast Guard regulations that implement section 4102(b) reflect the ``propelled by machinery'' requirement and therefore specifically exempt those excluded barges and sailing vessels.\5\

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\3\ See 46 U.S.C. 2101(25) and (43) for the definitions of ``recreational vessel'' and ``uninspected vessel.''

\4\ Vessels carrying passengers for hire are inspected vessels covered by 46 U.S.C. 3301.

\5\ See 46 CFR 25.25-1(c), (d).

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The purpose of the rule is to implement 46 U.S.C. 4102(b) as amended by the Act. The Act deleted the requirement in section 4102(b) that vessels be propelled by machinery. As amended, section 4102(b) now requires all non-recreational uninspected vessels, regardless of vessel type or mode of propulsion, to make an appropriate form of lifesaving device available for the use of individuals on board the vessel. The types and numbers of devices appropriate for each type of vessel are left to the Coast Guard's discretion, as are the requirements for installing, maintaining, and using those devices.

III. Discussion of Comments and Changes

Our 2013 notice of proposed rulemaking (NPRM) \6\ drew comments from 11 sources: 4 from the barge industry, 1 industry worker, 1 industry association, 1 association representing workers,\7\ and 4 individuals who did not indicate their affiliations, if any. We have revised the regulatory text of this final rule in response to some of the comments.

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\6\ 78 FR 42739 (Jul. 17, 2013).

\7\ The association representing workers made two submissions to the docket.

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Public meetings. One industry commenter said that changing the regulations in a way that might make sense for its operations might ``be incorrect'' for another operator, and that therefore we should hold public meetings in which members of the public could discuss how best to change the regulations. In our view, it was not necessary to hold public meetings because the NPRM proposed regulatory text that would accommodate the circumstances of different industry segments.

Vessels we overlooked. Two individuals said our proposals exclude some vessel types that should be covered. The first commenter said that the congressional intention in deleting ``propelled by machinery'' from 46 U.S.C. 4102(b) was to ``create parity for all uninspected vessels--

both recreational and commercial--with regard to lifesaving equipment requirements.'' This commenter said that Table 24.05-1(a) in our existing 46 CFR regulations misleadingly implies that the only ``non-

self-propelled vessels x 2 of 1/4

inch thickness, 10 feet long.

42.00 http://www.discountsteel.com/items/ 02-Apr-14

A36HotRolledSteelEqualLegAngle.cfm?i

temid=183&sizeno=19&skuno=74&pieceLe

ngth=cut&lenft=8&frmGS=true.

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We anticipate that the 10-year undiscounted cost would be $31.6 million for this alternative. This alternative was not chosen because it would cost more and not provide additional benefit as the ring buoy would provide protection redundant to the PFD, and in most cases, there would be no one available to deploy it. We estimate that all existing, new, and currently inactive barges would need to install ring buoys. Table 6 provides the breakdown in population and undiscounted costs by year.

Table 6--Undiscounted Cost To Install Ring Buoys

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Per vessel Undiscounted

Year Population Replacement cost cost

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Year 1.......................................... 50459 0 $267 $13,472,553

Year 2.......................................... 1309 0 267 349,503

Year 3.......................................... 1309 0 267 349,503

Year 4.......................................... 1309 0 267 349,503

Year 5.......................................... 1309 0 267 349,503

Year 6.......................................... 1309 50459 267 13,822,056

Year 7.......................................... 1309 1309 267 699,006

Year 8.......................................... 1309 1309 267 699,006

Year 9.......................................... 1309 1309 267 699,006

Year 10......................................... 1309 1309 267 699,006

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Total....................................... 62240 55,695 .............. 31,488,645

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In addition to the cost to install ring buoys, barge owners would also need to provide PFDs. The cost to provide PFDs was illustrated in Table 3, which was $70,210 in years 1 and 6. Table 7 combines the undiscounted cost from Tables 3 and 6, and provides the 10-year breakdown in cost for this final rule. The cost includes the cost to provide PFDs as well as the cost to install ring buoys.

Table 7--10-Year Cost for PFDs and Ring Buoys

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Discount rates

Year Undiscounted -------------------------------

7% 3%

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Year 1.......................................................... $13,542,763 $12,656,788 $13,148,314

Year 2.......................................................... 349,503 305,269 329,440

Year 3.......................................................... 349,503 285,299 319,845

Year 4.......................................................... 349,503 266,634 310,529

Year 5.......................................................... 349,503 249,191 301,484

Year 6.......................................................... 13,892,266 9,257,003 11,634,554

Year 7.......................................................... 699,006 435,306 568,356

Year 8.......................................................... 699,006 406,828 551,802

Year 9.......................................................... 699,006 380,213 535,730

Year 10......................................................... 699,006 355,339 520,126

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Page 53628

Total....................................................... 31,629,065 24,597,870 28,220,179

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Annualized...................................................... .............. 3,502,183 3,308,266

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Alternative 3--Require that all vessels have a ring buoy only. This change would have the effect of requiring one ring buoy on board each vessel (barge). The ring buoy would need to be installed (and replaced as needed) at an estimated cost to barge owners of $267 per vessel (barge) every 5 years. At an estimated 62,240 active, inactive, and new barges, we anticipate that this alternative would cost $31.5 million overall, undiscounted. As mentioned above, the ring buoy would provide protection redundant to the PFD, and in most cases, there would be no one available to deploy it. Table 8 provides the undiscounted and discounted costs for this alternative.

Table 8--10-Year Cost To Install Ring Buoys

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Discount rates

Year Undiscounted -------------------------------

7% 3%

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Year 1.......................................................... $13,472,553 $12,591,171 $13,080,149

Year 2.......................................................... 349,503 305,269 329,440

Year 3.......................................................... 349,503 285,299 319,845

Year 4.......................................................... 349,503 266,634 310,529

Year 5.......................................................... 349,503 249,191 301,484

Year 6.......................................................... 13,822,056 9,210,220 11,575,754

Year 7.......................................................... 699,006 435,306 568,356

Year 8.......................................................... 699,006 406,828 551,802

Year 9.......................................................... 699,006 380,213 535,730

Year 10......................................................... 699,006 355,339 520,126

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Total....................................................... 31,488,645 24,485,469 28,093,215

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Annualized...................................................... .............. 3,486,180 3,293,382

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This alternative was not chosen because it would not provide the lowest cost with the maximum benefits.

B. Small Entities

Pursuant to the Regulatory Flexibility Act,\16\ 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.

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\16\ 5 U.S.C. 601-612.

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We conducted a final regulatory flexibility analysis based on the updated population numbers resulting from a comment received in the NPRM. Using those updated population numbers, we can determine there are approximately 2,893 owners of 49,151 barges. From the 2,893 owners, we researched 276 randomly selected small entities to determine if they fell below or exceeded the threshold for a small entity, as determined by the U.S. Small Business Association (SBA). To establish whether an entity was below the threshold or above the threshold, we used the North American Industry Classification System (NAICS) code for each industry and the small entity qualifying definitions for each NAICS code established by the SBA for businesses. The following provides a breakdown of the size determination for the entities:

2 Government or non-profit exceeding the threshold

0 Government or non-profit below the threshold

32 businesses exceeding the threshold

94 businesses below the threshold

148 unknown and therefore considered small

Based on this analysis, 88 percent of the sample is small entities.

Table 3 provides a description of the most-prevalent NAICS for the small entities.

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SBA size

threshold

NAICS Industry % of small (less than SBA size standard Number of

entities threshold type entities

small)

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238910.................... Site Preparation 7.45 $15,000,000 Revenue........... 7

Contractors.

336611.................... Ship Building and 7.45 1000 Employees......... 7

Repairing.

236115.................... New Single-family 6.38 $36,500,000 Revenue........... 6

Housing

Construction

(Except For-Sale

Builders).

237110.................... Water and Sewer 5.32 $36,500,000 Revenue........... 5

Line and Related

Structures

Construction.

Page 53629

441222.................... Boat Dealers....... 4.26 $32,500,000 Revenue........... 4

483211.................... Inland Water 4.26 500 Employees......... 4

Freight

Transportation.

488330.................... Navigational 4.26 $38,500,000 Revenue........... 4

Services to

Shipping.

236220.................... Commercial and 3.19 $36,500,000 Revenue........... 3

Institutional

Building

Construction.

237310.................... Highway, Street, 3.19 $36,500,000 Revenue........... 3

and Bridge

Construction.

237990.................... Other Heavy and 3.19 $36,500,000 Revenue........... 3

Civil Engineering

Construction.

423320.................... Brick, Stone, and 3.19 100 Employees......... 3

Related

Construction

Material Merchant

Wholesalers.

541330.................... Engineering 3.19 $15,000,000 Revenue........... 3

Services.

All others......... 44.68 .............. .................. 42

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Total........... 100 .............. .................. 94

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Company revenue for businesses below the threshold, as established by the SBA, ranges from $42,000 to $12.5 billion. The per company cost ranges from $295 for one vessel to $6,195 for 21 barges. We anticipate that 99 percent of the affected entities will have an impact of less than 1 percent of revenue. Only one percent will have an impact of between 1 and 3 percent.

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Number of

Impact range entities Percentage

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0% 5%............................. 0 0.00

-------------------------------

Total............................... 94 ..............

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Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

C. Assistance for Small Entities

As required by section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996,\17\ we offered to assist small entities in understanding this rule so that they could better evaluate its effects on them and participate in the rulemaking. At this time no requests for assistance by small entities have been submitted to the Coast Guard. 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.

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\17\ Pub. L. 104-121.

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D. Collection of Information

This rule calls for no new collection of information under the Paperwork Reduction Act of 1995.\18\

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\18\ Codified at 44 U.S.C. 3501-3520.

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E. Federalism

A rule has implications for federalism under E.O. 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 E.O. 13132 and have determined that it has the following implications for federalism.

Before passage of the Act, the lifesaving device requirements found in 46 U.S.C. Sec. 4102(b) did not apply to certain uninspected vessels not carrying passengers for hire. By passing the Act, Congress expressly intended existing Coast Guard regulations to apply to these vessels that were previously exempted. Therefore, existing State or local laws or regulations that regulate the ``installation, maintenance, and use of life preservers and other lifesaving devices for individuals on board uninspected vessels'' are preempted, but only insofar as a State or local law or regulation conflicts with the federal regulation.

Given our analysis, the Coast Guard recognizes the key role State and local governments may have in making regulatory determinations. Additionally, Sections 4 and 6 of E.O. 13132 require that for any rules with preemptive effect, the Coast Guard shall provide elected officials of affected State and local governments and their representative national organizations the notice and opportunity for appropriate participation in any rulemaking proceedings, and to consult with such officials early in the rulemaking process. Therefore, we invited affected State and local governments and their representative national organizations to indicate their desire for participation and consultation in this rulemaking process by submitting comments to this notice; no such comments were received.

F. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995\19\ 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.

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\19\ Codified at 2 U.S.C. 1531-1538.

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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

Page 53630

(``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 would 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 would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

We have analyzed this 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 \20\ 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 \21\ that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

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\20\ Codified as a note to 15 U.S.C. 272.

\21\ For example, specifications of materials, performance, design, or operation; test methods; sampling procedures, and related management systems practices.

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M. Environment

We have analyzed this rule under DHS Management Directive 023.01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA),\22\ and have concluded that this action is one of a category of actions, which 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, paragraphs (34)(d) and (e) of the Instruction, and 6(a) of our 2002 Federal Register notice of categorical exclusions.\23\ This rule involves regulations concerning equipping of vessels, equipment approval and carriage requirements and vessel operation safety standards.

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\22\ Codified at 42 U.S.C. 4321-4370f.

\23\ 67 FR 48243 (Jul. 23, 2002).

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List of Subjects

46 CFR Part 2

Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 24

Marine safety.

46 CFR Part 25

Fire prevention, Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 30

Cargo vessels, Foreign relations, Hazardous materials transportation, Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 70

Marine safety, Passenger vessels, Reporting and recordkeeping requirements.

46 CFR Part 90

Cargo vessels, Marine safety.

46 CFR Part 188

Marine safety, Oceanographic research vessels.

For the reasons discussed in the preamble, the Coast Guard amends 46 CFR parts 2, 24, 25, 30, 70, 90, and 188 as follows:

PART 2--VESSEL INSPECTIONS

0

1. Revise the authority citation for part 2 to read as follows:

Authority: Sec. 622, Pub. L. 111-281; 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103, 2110, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1-105; Department of Homeland Security Delegation No. 0170.1(II)(77), (90), (92)(a), (92)(b).

Sec. 2.01-7 Amended

0

2. Amend Sec. 2.01-7 to remove the phrase ``carrying passengers or passengers-for-hire'' from Table 2.01-7(a), column 5, rows 3 and 4, and remove the phrase ``None'' from column 5, row 6, adding in its place the phrase ``All vessels not covered by columns 2, 3, 4, and 6''.

PART 24--GENERAL PROVISIONS

0

3. Revise the authority citation for part 24 to read as follows:

Authority: 46 U.S.C. 2103, 2113, 4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1-105; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b).

Sec. 24.05-1 Amended

0

4. Amend Sec. 24.05-1 to remove the phrase ``carrying passengers or passengers-for-hire'' from Table 24.05-1(a), column 5, rows 3 and 4, and remove the phrase ``None'' from column 5, row 6, adding in its place the phrase ``All vessels not covered by columns 2, 3, 4, and 6.''

PART 25--REQUIREMENTS

0

5. Revise the authority citation for part 25 to read as follows:

Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302; Department of Homeland Security Delegation No. 0170.1(II)(77), (92)(a), 92(b).

Sec. 25.25-1 Amended

0

6. Amend Sec. 25.25-1 as follows:

0

a. In paragraph (a) following the text ``noncommercial use;'', add the word ``and'';

0

b. In paragraph (b) following the text ``noncommercial use'', remove the semicolon, and add, in its place, a period; and

0

c. Remove paragraphs (c) and (d).

0

7. Revise Sec. 25.25-3 to read as follows:

Sec. 25.25-3 Definitions.

As used in this subpart:

(a) Approval series means the first six digits of a number assigned by the Coast Guard to approved equipment. Where approval is based on a subpart of subchapter Q of this chapter, the approval series corresponds to the number of the subpart. A listing of current and formerly approved equipment and materials may be found on the Internet at: http://cgmix.uscg.mil/equipment. Each OCMI may be contacted for information concerning approved equipment.

(b) Approved means approved under subchapter Q of this chapter.

(c) Use means operate, navigate, or employ.

0

8. Revise Sec. 25.25-5 to read as follows:

Page 53631

Sec. 25.25-5 Life preservers and other lifesaving equipment required.

(a) No person may operate a vessel to which this subpart applies unless it meets the requirements of this subpart.

(b) (1) Each vessel not carrying passengers for hire and less than 40 feet in length must have on board at least one wearable personal flotation device (PFD) approved under subchapter Q of this chapter, and of a suitable size for each person on board.

(2) Each vessel carrying passengers for hire, and each vessel not carrying passengers for hire and 40 feet in length or longer, must have at least one PFD approved under approval series 160.055, 160.155, or 160.176, and of a suitable size for each person on board.

(3) In addition to the equipment required by paragraphs (b)(1) and (b)(2) of this section, each vessel 26 feet in length or longer, except for a barge to which this subpart applies, must have at least one approved lifebuoy, and each uninspected passenger vessel of at least 100 gross tons must have at least three approved lifebuoys. Lifebuoys must be approved under approval series 160.050 or 160.150, except that a lifebuoy approved under former 46 CFR 160.009 prior to May 9, 1979 (see 46 CFR chapter I, revised as of October 1, 1979), may be used as long as it is in good and serviceable condition.

(c)(1) Each vessel not carrying passengers for hire may substitute an immersion suit approved under 46 CFR 160.171 for a wearable PFD required under paragraphs (b)(1) or (b)(2) of this section.

(2) On each vessel, regardless of length and regardless of whether carrying passengers for hire, an approved commercial hybrid PFD approved under approval series 160.077, may be substituted for a PFD approved under approval series 160.055, 160.155, or 160.176, if it is--

(i) Used in accordance with the conditions marked on the PFD and in the owner's manual; and

(ii) Labeled for use on commercial vessels.

0

9. Amend Sec. 25.25-9, as follows:

0

a. In paragraph (a), remove the text ``Sec. 25.25-5 (b), (c) and (e)'' and add, in its place, the text ``Sec. 25.25-5(b) and (c)''; and

0

b. In paragraph (b), remove the text ``Sec. 25.25-5(d)'' and add, in its place, the text ``Sec. 25.25-5(b)''; and

0

c. Add a paragraph (c) to read as follows:

Sec. 25.25-9 Storage.

* * * * *

(c) For a barge to which this subpart applies, the wearable lifesaving equipment specified in Sec. 25.25-5 need not be stored on board the barge if the barge's operator stores it elsewhere, and ensures that each individual dons the equipment or a work vest approved under 46 CFR 160.053 before boarding the barge and keeps it on for as long as the individual remains on board and at risk of falling overboard.

PART 30--GENERAL PROVISIONS

0

10. Revise the authority citation for part 30 to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b).

Sec. 30.01-5 Amended

0

11. Amend Sec. 30.01-5 to remove the phrase ``carrying passengers or passengers-for-hire'' from Table 30.01-5(d), column 5, rows 3 and 4, and remove the word ``None'' from column 5, row 6, adding in its place the phrase ``All vessels not covered by columns 2, 3, 4, and 6''.

PART 70--GENERAL PROVISIONS

0

12. Revise the authority citation for part 70 to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1-105; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b).

Sec. 70.05-1 Amended

0

13. Amend Sec. 70.05-1 to remove the phrase ``carrying passengers or passengers-for-hire'' from Table 70.05-1(a), column 5, rows 3 and 4, and remove the word ``None'' from column 5, row 6, adding in its place the phrase ``All vessels not covered by columns 2, 3, 4, and 6''.

PART 90--GENERAL PROVISIONS

0

14. Revise the authority citation for part 90 to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1-105; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b).

Sec. 90.05-1 Amended

0

15. Amend Sec. 90.05-1 to remove the phrase ``carrying passengers or passengers-for-hire'' from Table 90.05-1(a), column 5, rows 3 and 4, and remove the word ``None'' from column 5, row 6, adding in its place the phrase ``All vessels not covered by columns 2, 3, 4, and 6.''

PART 188--GENERAL PROVISIONS

0

16. Revise the authority citation for part 188 to read as follows:

Authority: 46 U.S.C. 2103, 2113, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1-105; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b).

Sec. 188.05-1 Amended

0

17. Amend Sec. 188.05-1 to remove the phrase ``carrying passengers or passengers-for-hire'' from Table 188.05-1(a), column 5, rows 3 and 4, and remove the word ``None'' from column 5, row 6, adding in its place the phrase ``All vessels not covered by columns 2, 3, 4, and 6.''

J. G. Lantz,

Director of Commercial Regulations and Standards, U. S. Coast Guard.

FR Doc. 2014-21541 Filed 9-9-14; 8:45 am

BILLING CODE 9110-04-P