delete PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
This Coast Guard regulation mandates specific safety equipment requirements for US-flagged commercial vessels, including engineering systems, compasses, radar, lifesaving appliances, fireman's outfits, and pilot boarding equipment. It incorporates by reference standards from private bodies like the American Bureau of Shipping and sets prescriptive specifications for equipment types, quantities, and stowage. The rules vary based on vessel size, service type, and construction date.
This regulation imposes massive compliance costs that fall disproportionately on small shipping businesses, creates regulatory capture by mandating private industry standards (ABS, MSHA, NIOSH, ASTM), and exceeds constitutional authority under a fabricated Commerce Clause power. The unseen consequences include higher shipping costs passed to consumers, reduced market entry protecting incumbent operators, and stifled innovation through prescriptive equipment mandates. Maritime safety can be better achieved through state-level regulation, private certification, and market discipline via insurance and reputation systems without federal overreach.