Carbon Dioxide Fire Suppression Systems on Commercial Vessels, 8432-8459 [2010-3094]
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Parts 25, 27, 28, 31, 34, 35, 62,
71, 76, 78, 91, 95, 97, 107, 108, 112, 115,
118, 119, 122, 131, 132, 147, 162, 167,
169, 176, 181, 182, 185, 189, 190, 193,
194, and 196
[USCG–2006–24797]
RIN 1625–AB44
Carbon Dioxide Fire Suppression
Systems on Commercial Vessels
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
amend the current regulations for fire
suppression systems on several classes
of commercial vessels. The amendments
would clarify that approved alternatives
to carbon dioxide systems may be used
to protect some spaces on these vessels
and would set general requirements for
alternative systems.
Additionally, new and existing carbon
dioxide systems, when used in spaces
that can be accessed by persons onboard
the specified commercial vessels, would
need to be equipped with lockout valves
and olfactory additives to protect
persons in the event of a carbon dioxide
discharge. By requiring these features on
carbon dioxide systems and by making
a wider range of fire suppression
systems available, the proposed
regulations advance the Coast Guard’s
mission of promoting maritime safety
and mobility.
DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before May 25, 2010 or reach the
Docket Management Facility by that
date.
You may submit comments
identified by docket number USCG–
2006–24797 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
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ADDRESSES:
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‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Viewing incorporation by reference
material: You may inspect the material
proposed for incorporation by reference
at room 1308, U.S. Coast Guard
Headquarters, 2100 2nd Street, SW.,
Stop 7126, Washington, DC 20593–7126
between 9 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
The telephone number is 202–372–
1356. Copies of the material are
available as indicated in the
‘‘Incorporation by Reference’’ section of
this preamble.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or e-mail Lieutenant
Commander Suzanne Hemann, U.S.
Coast Guard; telephone 202–372–1356,
e-mail Suzanne.E.Hemann@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
V. Incorporation by Reference
VI. Regulatory Analysis
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. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
PO 00000
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rulemaking (USCG–2006–24797),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2006–24797’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
this proposed rule based on your
comments.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2006–24797’’ in the Docket ID box, press
Enter, and then click on the item in the
Docket ID column. If you do not have
access to the Internet, you may view the
docket online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules
D. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the docket using one of the
methods specified under ADDRESSES. In
your request, explain why you believe a
public meeting would be beneficial. If
we determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
II. Abbreviations
CO2
DHS
FK-5-1-12
FR
HFC-227ea
IG-541
MODUs
U.S.C.
Carbon dioxide
Department of Homeland Security
Dodecafluoro-2-methylpentan3-one
Federal Register
Heptafluoropropane
Nitrogen 52%, argon 40%, and
carbon dioxide 8%
Mobile offshore drilling units
United States Code
III. Background
Until recently, carbon dioxide (CO2)
systems were the only systems suitable
for suppressing or extinguishing fires in
certain vessel spaces, such as those used
for cargo and various types of
machinery. Our current regulations
require the use of CO2 systems in such
spaces on towing vessels, tank vessels,
cargo and miscellaneous vessels, mobile
offshore drilling units (MODUs),
offshore supply vessels, public nautical
school ships, and large passenger
vessels (‘‘Subchapter H’’ vessels). We
also allow carbon dioxide systems on
small passenger vessels carrying more
than 150 passengers or with overnight
accommodations for more than 49
passengers (‘‘Subchapter K’’ vessels) and
other small passenger vessels
(‘‘Subchapter T’’ vessels).
Carbon dioxide systems work by
flooding a protected space with CO2,
thereby depriving a fire of the oxygen it
needs to burn. Unfortunately, when a
carbon dioxide discharge occurs, oxygen
deprivation poses a risk to persons who
may be in this protected space. Crew
members have died when odorless CO2
gas was discharged in their spaces
accidentally or without adequate
warning to evacuate.
In recent years, alternative systems
have been developed that are
comparable to carbon dioxide systems
in their ability to suppress fires, but that
do not pose the same risks to persons
onboard. Our regulations currently
allow for the use of Coast Guardapproved alternative systems. At
present, most approved systems use
halocarbon clean agents HFC-227ea
(heptafluoropropane), FK-5-1-12
(dodecafluoro-2-methylpentan-3-one),
or IG-541 (nitrogen 52%, argon 40%,
and carbon dioxide 8%). We have also
approved water mist systems for some
applications. These systems have been
tested by independent testing
laboratories and have laboratory listings.
Systems using other agents may be
developed and approved in the future.
Along with the manufacturers of
alternative systems, shipyards, and
independent testing laboratories, we
believe it would promote safety and be
advantageous to industry to issue new
regulations for installing, maintaining,
and using approved carbon dioxidealternative fire suppression systems.
IV. Discussion of Proposed Rule
We are proposing two overall changes
to our regulations.
1. Lockout valves and olfactory
additives.
We propose requiring lockout valves
and olfactory additives in any CO2
system used in a space that may be
occupied by persons onboard, even if
only occasionally.
Lockout valves, which are already
required for shore-based facilities by
National Fire Protection Association
standards (NFPA 12, 2008 edition), are
intended to be used during system
maintenance to prevent inadvertent
flooding of a protected space. We would
require lockout valves on vessels that
use CO2 systems in spaces containing
more than 6,000 cubic feet and in
smaller spaces that do not have
horizontal escapes, which provide a
quick way to evacuate. Odorizer units
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would be required for CO2 systems of
any size to provide a scent to normally
odorless CO2 during discharge. A
distinctive-smelling substance, like
wintergreen, is added to the CO2 so that
in the event of a CO2 discharge in a
vessel’s space, any persons in that space
can quickly smell the discharge and
evacuate.
Additionally, the odor would warn
persons in adjacent spaces that the CO2
may have migrated. The new lockout
valve and olfactory additive
requirements would apply immediately
to new systems. They would be phasedin for existing systems, allowing the
necessary simple retrofits to be made
during drydocking or routine
maintenance, thereby reducing the
financial impact on vessel owners.
Retrofitting would involve dismantling
and reassembling a small section of
system piping to include a lockout
valve.
2. Alternative systems.
The second overall change we
propose is to amend our existing
regulations to make it clear that
alternative systems using clean agent
and inert gases may be used.
Furthermore, we are proposing
clarifications to the general
requirements for maintaining, installing,
and using an alternative system. System
layout and control requirements would
be based on the current regulations for
engineered CO2 systems on inspected
vessels. Independent laboratories would
oversee prototype testing and follow-up
quality control supervision.
The following table lists the parts
within 46 CFR that are affected by our
proposal and the specific sections we
propose to amend. The foregoing
discussion provides a general
explanation for each of these changes.
When additional information is
required, it appears in the table in
parentheses. The table omits any
discussion of numerous minor and
nonsubstantive style, format, or wording
changes that we are proposing solely to
improve the clarity of our regulations.
TABLE 1—PROPOSED CHANGES TO 46 CFR
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46 CFR part and topic
46 CFR sections affected (& comments)
25—Uninspected vessels .....................
27—Towing vessels .............................
28—Commercial fishing industry vessels.
31, 34, 35—Tank vessels ....................
62—Marine engineering, vital systems
automation.
71, 76, 78—Subchapter H passenger
vessels (≥ 100 gross tons).
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25.30–15 (remove paragraph designations and remove redundant second paragraph).
27.101.
28.825.
31.10–18 (remove flow test requirement in para. (f)), 34.01–15 (incorporation by reference), 34.05–5,
34.15–50 (new), 34.15–60 (new), 35.40–7, 35.40–8 (new), 35.40–10.
62.25–20.
71.20–20, 71.25–20, 71.65–5, 76.05–1, 76.10–5, 76.15–50 (new), 76.16–60 (new), 78.47–9, 78–47.11
(new), 78.47–17.
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules
TABLE 1—PROPOSED CHANGES TO 46 CFR—Continued
46 CFR part and topic
46 CFR sections affected (& comments)
91, 95, 97—Cargo & miscellaneous
vessels.
91.20–20, 91.25–20, 91.55–5, 95.01–2 (incorporation by reference), 95.05–10, 95.10–5, 95.15–5
(lengthen discharge time from 2 to 10 min. for spaces specially suitable for vehicles to provide greater safety margin and meet the International Maritime Organization’s Safety of Life at Sea (SOLAS)
requirements), 95.15–30 (provide for nitrogen pilot cylinders), 95.15–50 (new), 95.15–60 (new),
95.16–1—95.16–90 (new; based on current subpart 95.15, modified and reorganized), 97.37–9,
97.37–11 (new), 97.37–13.
107.231, 107.235, 108.444 (new), 108.446 (new), 108.626 (new), 108.627, 108.631.
112.15–5.
107, 108—Mobile offshore drilling units
112—Electrical engineering, emergency lighting & power systems.
115, 118, 119, 122—Subchapter K
passenger vessels (< 100 gross tons
& > 150 passengers or > 49 overnight passengers).
131, 132—Offshore supply vessels .....
147—Hazardous ships’ stores .............
162—Engineering equipment ...............
167—Public nautical school ships .......
169—Sailing school vessels ................
176, 181, 182, 185—Subchapter T
passenger vessels (< 100 gross tons
& ≤ 150 passengers or ≤ 49 passengers overnight).
189, 190, 193, 194, 196—Oceanographic research vessels.
115.810, 118.410, 119.710, 122.612.
131.815, 131.817 (new), 131.825, 132.350.
147.7 (incorporation by reference), 147.45 (nonsubstantive change), 147.60 (nonsubstantive change),
147.66 (new), 147.67 (new).
162.161–1—162.161–9 (new).
167.45–1, 167.45–45, 167.55–5.
169.247, 169.564, 169.570 (new), 169.571 (new), 169.732, 169.734.
176.810, 181.410, 182.710, 185.612.
189.25–20, 189.55–5, 190.15–5, 193.05–10, 193.10–5, 193.15–16 (new), 193.15–17 (new), 193.15–50
(new), 194.20–7, 196.37–8 (new), 196.37–9, 196.37–13.
V. Incorporation by Reference
Material proposed for incorporation
by reference appears in 46 CFR 34.01–
15, 46 CFR 147.7, and 46 CFR 162.161–
2. You may inspect this material at U.S.
Coast Guard Headquarters where
indicated under ADDRESSES. Copies of
the material are available from the
sources listed in 46 CFR 34.01–15, 46
CFR 147.7, and 46 CFR 162.161–2.
Before publishing a binding rule, we
will submit this material to the Director
of the Federal Register for approval of
the incorporation by reference.
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VI. Regulatory Analysis
We developed this proposed 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 proposed 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 (OMB) has not reviewed it under
that Order.
A draft Regulatory Analysis is
available in the docket where indicated
under the ‘‘Public Participation and
Request for Comments’’ section of this
preamble. A summary of the
preliminary Regulatory Analysis
follows.
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We propose to amend the current
regulations for carbon dioxide fire
suppression systems on commercial
vessels. The amendments would require
certain safety requirements for current
and future users of CO2 systems. The
proposed rule would require lockout
valves for certain protected spaces as
well as for an olfactory additive as a
warning measure for all CO2 systems.
The proposed rule would also clarify
what approved alternatives to CO2
systems may be used to protect some
spaces on these vessels and would set
general requirements for alternative
systems. We do not expect industry
would incur additional costs as a result
of the provisions for alternative systems.
See below for additional discussion of
alternative systems.
Carbon dioxide fire suppression
systems pose a risk of asphyxiation to
personnel. Lockout valves and olfactory
additives help protect persons in the
event of an inadvertent release during
maintenance. Olfactory additives offer
additional protection from leaks from a
protected space to adjacent spaces and
help alert personnel when CO2 has been
released. By requiring these features on
carbon dioxide systems and making a
wider range of fire suppression systems
available, the proposed amendments
would advance the Coast Guard’s
missions of promoting maritime safety
and mobility.
U.S. flag vessel owners are expected
to incur costs associated with this
proposed rule. Vessel owners with
existing CO2 fire suppression systems
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would be required to add the lockout
valves and olfactory units within five
years of the publication of the final rule.
This would allow enough time for
vessel owners to add these features
during scheduled vessel maintenance
periods and would reduce the cost of
compliance for vessel owners. For
purposes of this regulatory assessment,
we assume an equal proportion of
systems will be retrofitted each year for
five years. New vessel owners will incur
the costs as systems are incorporated
into new ships at construction.
Affected Population
Vessels with CO2 fire suppression
systems that are not in compliance with
the proposed regulation would be
required to install lockout valves at
entrances to all spaces greater than
6,000 cubic feet in volume where
personnel may enter, as well as, in
spaces with 6,000 cubic feet in volume
or less that do not have a horizontal
escape for quick escape. Vessels
equipped with existing CO2 fire
suppression systems would incur a cost
for retrofitting valves to the systems.
Newly constructed vessels installing
new fire CO2 suppression systems in
similar spaces would also incur a cost
for installation of lockout valves,
although at a lower cost than retrofitting
systems on existing vessels because
installations during vessel construction
are typically less costly.
Based on Coast Guard Marine
Investigation Security and Law
Enforcement (MISLE) data, we estimate
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there are potentially 1,702 existing
vessels with a total of 3,204 CO2 fire
suppression systems that would require
lockout valves. The 3,204 existing
systems consist of 1,054 larger systems
that would require more expensive
lockout valves and 2,150 smaller
systems that would require less
expensive lockout valves. Using MILSE
data, we estimate there are potentially
22 small systems and 12 large systems
installed each year on new vessels,
which would be required to have
lockout valves.
The population of affected vessels
that would need to install olfactory
additives (odorizers) includes all
existing and new vessels with CO2
systems. All existing vessels with CO2
systems would require a retrofit for each
protected space. Based on MISLE data,
we estimate there are potentially 7,815
systems on 3,567 vessels that would be
required to install odorizers.1 Each new
vessel with CO2 systems would also
require an odorizer for compartments of
all sizes. Of the new vessels constructed
annually, we estimate the 46 new
systems/year installed would require
odorizers.
Costs
Based on industry data, we estimate
that average 2008 industry prices for
installed retrofit large and small lockout
valves are $3,513 and $1,475,
respectively. Systems that handle more
than 2,450 pounds of CO2 require a
valve larger than 2 inches. Of the 3,204
existing systems affected by this
proposed rule, 1,054 would require the
larger, more expensive lockout valves,
while 2,150 systems require the smaller
valves for a total undiscounted cost of
about $6,873,425. The annual
undiscounted cost for owners of vessels
with existing systems to meet the
lockout valve requirement of this
proposed rule would be approximately
$1,374,685 for each year of the five-year
phase-in period.
Vessel owners wishing to install a
new CO2 fire suppression system would
be required to have the lockout valves
included in the installation. We
estimate that the annual undiscounted
industry cost for adding lockout valves
to new CO2 fire suppression systems to
be $65,932 per year (based on installed
costs on new systems of $1,258 for small
valves and $3,188 for large valves).
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Industry would incur this cost for each
year over the ten-year period of analysis.
As for odorizers, we estimate that the
retrofit installed costs, including three
warning signs, are $551/unit based on
industry information. This is about $35
more than the estimated cost for new
odorizers installed. With a five-year
phase-in for all 7,815 systems, 1,563
systems will be retrofitted on average
each year. We estimate the total annual
undiscounted cost of the retrofit will be
$861,213. For new systems using the
lockout valve, we estimate the total
annual undiscounted cost to be about
$17,558 for all 34 protected areas. For
the remaining systems not required to
have a lockout valve, the cost for
installing odorizers in 12 areas will be
about $6,197. The total cost per vessel
would be dependent on the number of
areas protected by CO2.
We estimated the total cost of this
rulemaking over a ten-year period to be
$12.1 million (see Table 2). For the first
five years, we estimated the
undiscounted costs to be $2,325,584/
year for both retrofits and new
installations.
TABLE 2—TOTAL COST OF ADDING LOCKOUT VALVES AND ODORIZERS TO CO2 SYSTEMS
Year
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Lockout valves
Odorizers
Total 7%
discount
Total
Total 3%
discount
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
$1,440,617
1,440,617
1,440,617
1,440,617
1,440,617
65,932
65,932
65,932
65,932
65,932
$884,967
884,967
884,967
884,967
884,967
23,754
23,754
23,754
23,754
23,754
$2,325,584
2,325,584
2,325,584
2,325,584
2,325,584
89,686
89,686
89,686
89,686
89,686
$2,173,443
2,031,255
1,898,370
1,774,177
1,658,110
59,762
55,582
52,198
48,783
45,592
$2,257,849
2,192,086
2,128,239
2,066,252
2,006,070
75,111
72,923
70,799
68,737
66,735
Total ..............................................................................
Annualized Costs .................................................................
7,532,745
........................
4,543,609
........................
12,076,354
........................
9,797,543
1,394,950
11,004,801
1,290,198
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Source: USCG Calculations.
Note: Totals may not add due to rounding.
For the remaining years, the
undiscounted costs are $89,686/year
due to the new installations only. We
discounted the annual costs at 3 percent
and 7 percent and also annualized the
total costs at the same rates. The total
10-year cost of the proposed rule is $9.8
million at a 7 percent discount rate and
$11 million at 3 percent.
This proposed regulation would
clarify Coast Guard acceptance of
alternatives to using CO2 systems. We
do not believe that these provisions
would have a cost impact because the
Coast Guard has been approving
alternative systems on an ad hoc basis.
We believe these approved installed
alternative systems would be compliant
with the requirements for alternative
systems proposed in this rulemaking.
With regard to alternative fire
suppression systems, the use of
halocarbon (only one of a number of
alternatives) fire suppression systems
has been increasing in recent years
(2006–2008). Our records indicate that
industry installed an average of 21
halocarbon fire suppression systems
compared to an average of 34 CO2 fire
suppression systems with capacity over
6,000 cubic feet during this period.
1 The difference in the vessel populations and
system counts (lockout valve vs. odorizers) is
reflective of the large number of extremely small
sized systems that need odorizers, but do not need
lockout valves (the balance of 7,815¥3,204 or
4,611).
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Benefits
The primary benefit associated with
this proposed rule is the reduction in
risk of injuries and fatalities related to
CO2 exposure. CO2 exposure has long
been recognized as a potential hazard to
human health. The National Institute of
Occupational Safety and Health
(NIOSH), in its publication NIOSH 76–
194, ‘‘Criteria for a Recommended
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Standard—Occupational Exposure to
Carbon Dioxide,’’ available at https://
www.cdc.gov/niosh/76-194.html, has set
criteria for a standard for limits of
exposure to CO2 in workplace settings.
Other Federal and industry agencies
and associations have also recently
concluded that CO2 fire suppression
systems could pose a risk. For example,
the National Fire Prevention
Association (NFPA) guidance in its 2005
Edition for CO2 fire suppression systems
located on land states that ‘‘total
flooding CO2 suppression systems shall
not be used in normally occupied
enclosures’’. In addition, the EPA, in its
2000 report, ‘‘Carbon Dioxide as a Fire
Suppressant: Examining the Risk,’’ has
suggested that clarifying maritime
regulation would be beneficial to
reducing accidental exposure.
The Regulatory Analysis available in
the docket has additional detail on the
assessment of the benefits and costs of
this rulemaking. The assessment also
contains details and analysis of the
alternatives considered for this
rulemaking.
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B. Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 as well as not being
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
A combined Regulatory Assessment
and Initial Regulatory Flexibility
Analysis discussing the impact of this
proposed rule on small entities is
available in the docket where indicated
under the ‘‘Public Participation and
Request for Comments’’ section of this
preamble.
Our data shows that there are 489
known entities that owned vessels with
CO2 fire suppression systems onboard in
2008. Of the 489, 26 are government
entities with populations of more than
50,000 that we excluded from the small
business analysis. Of the remaining 463
entities, we were able to find revenue
and employment information for 100
entities. Of the 100, we confirmed that
37 were small as defined by Small
Business Administration (SBA) size
standards.
We assumed the remaining 363
entities to be small because we were
unable to find revenue or employment
information. Given that assumption of
size, we concluded that small entities
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likely comprise 400 (363 + 37) or 81.8%
of the total affected population.
Of the small entities with revenue and
employee size data, we determined that
83.8% would have an annual revenue
impact of less than 1 percent. Further,
we estimated that the impact on 97.3%
of these small entities would be less
than 3% of annual revenue.
Therefore, the Coast Guard certifies
under 5 U.S.C. § 605(b) that this
rulemaking would not have a significant
economic impact on a substantial
number of small entities. We are
interested in the potential impacts from
this proposed rule on small businesses
and we request public comment on
these potential impacts. If you think that
your business, organization, or
governmental jurisdiction qualifies as a
small entity and that this rulemaking
would have a significant economic
impact on it, please submit a comment
to the Docket Management Facility at
the address under the ‘‘Public
Participation and Request for
Comments’’ section of this preamble. In
your comment, explain why, how, and
to what degree you think this rule
would have an economic impact on you.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding the proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule affects your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call Lieutenant
Commander Suzanne Hemann, CG–
5214, U.S. Coast Guard, telephone 202–
372–1356 or send her an e-mail at
suzanne.e.hemann@uscg.mil. 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).
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D. Collection of Information
This proposed rule would require no
new collection of information (COI)
under the Paperwork Reduction Act (44
U.S.C. 3501–3520). The U.S. Coast
Guard has been approving alternatives
to CO2 systems for a number of years
and accounting for it in COI document
‘‘OMB Control Number 1625–0035’’.
This rulemaking would not require any
new recordkeeping or reporting
requirements. Satisfactory lockout valve
and olfactory installation will be
confirmed by normal future Coast Guard
inspections.
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 proposed rule under that Order and
have determined that it does not have
implications for federalism.
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 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This proposed rule would not affect 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 proposed 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 proposed rule
under Executive Order 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
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules
safety that might disproportionately
affect children.
J. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 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 proposed 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.
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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 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
standard bodies.
This proposed rule uses the following
consensus standards: Underwriters
Laboratories (UL) standards UL 2127
entitled ‘‘Standard for Inert Gas Clean
Agent Extinguishing System Units,’’ UL
2166 entitled ‘‘Standard for Halocarbon
Clean Agent Extinguishing System
Units,’’ and National Fire Protection
Association (NFPA) 2001 entitled
‘‘Standard on Clean Agent Fire
Extinguishing Systems.’’ The proposed
sections that reference these standards
and the locations where these standards
are available are listed in the proposed
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15:28 Feb 23, 2010
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regulatory text for 46 CFR 34.01–15,
147.7, and 162.161–2.
This proposed rule also uses technical
standards other than voluntary
consensus standards. The test described
in the regulatory text proposed for 46
CFR 162.161–6 is in accordance with
requirements of the International
Maritime Organization, IMO MSC/
Circ.848 entitled ‘‘Revised Guidelines
for the Approval of Equivalent Fixed
Gas Fire-Extinguishing Systems, as
referred to in chapter II–2 of SOLAS 74,
for machinery spaces and cargo pumprooms’’ and IMO MSC.1/Circ. 1267
entitled ‘‘Amendments to the Revised
Guidelines for the Approval of
Equivalent Fixed Gas Fire-Extinguishing
Systems, as referred to in chapter II–2 of
SOLAS 74, for machinery spaces and
cargo pump-rooms (MSC/Circ. 848)’’.
The remaining requirements and tests
were developed by the Coast Guard and
used to evaluate currently-approved
carbon dioxide-alternative fire
suppression systems. These
requirements are described throughout
the proposed regulations. They are used
because we did not find voluntary
consensus standards that are applicable
to this rule. If you disagree with our
analysis of the voluntary consensus
standards listed above or are aware of
voluntary consensus standards that
might apply, but are not listed, please
send a comment to the docket using one
of the methods under ADDRESSES. In
your comment, please explain why you
disagree with our analysis and/or
identify voluntary consensus standards
we have not listed that might apply.
M. Environment
We have analyzed this proposed 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
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under the ‘‘Public Participation and
Request for Comments’’ section of this
preamble. This rule involves amending
the current regulations for carbon
dioxide fire suppression systems on
several classes of commercial vessels.
Exclusion under paragraphs (34)(d) of
Figure 2.1 of the Instruction and section
6(a) of the Federal Register, Vol. 67, No.
141, Tuesday July 23, 2002, page 48243
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Fmt 4701
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8437
apply because this rule pertains to
regulations concerning the equipping of
vessels, as well as equipment approval.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects
46 CFR Part 25
Fire prevention, Marine safety,
Reporting and recordkeeping
requirements.
46 CFR Part 27
Fire prevention, Incorporation by
reference, Marine safety, Reporting and
recordkeeping requirements, Vessels.
46 CFR Part 28
Alaska, Fire prevention, Fishing
vessels, Marine safety, Occupational
safety and health, Reporting and
recordkeeping requirements, Seamen.
46 CFR Part 31
Cargo vessels, Marine safety,
Reporting and recordkeeping
requirements.
46 CFR Part 34
Cargo vessels, Fire prevention, Marine
safety.
46 CFR Part 35
Cargo vessels, Marine safety,
Navigation (water), Occupational safety
and health, Reporting and
recordkeeping requirements, Seamen.
46 CFR Part 62
Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 71
Marine safety, Passenger vessels,
Reporting and recordkeeping
requirements.
46 CFR Part 76
Fire prevention, Marine safety,
Passenger vessels.
46 CFR Part 78
Marine safety, Navigation (water),
Passenger vessels, Penalties, Reporting
and recordkeeping requirements.
46 CFR Part 91
Cargo vessels, Marine safety,
Reporting and recordkeeping
requirements.
46 CFR Part 95
Cargo vessels, Fire prevention,
Incorporation by reference, Marine
safety.
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules
46 CFR Part 176
Fire prevention, Marine safety,
Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 97
Cargo vessels, Marine safety,
Navigation (water), Reporting and
recordkeeping requirements.
46 CFR Part 181
Fire prevention, Marine safety,
Passenger vessels.
46 CFR Part 107
Marine safety, Oil and gas
exploration, Reporting and
recordkeeping requirements, Vessels.
46 CFR Part 182
Marine safety, Passenger vessels.
46 CFR Part 108
Fire prevention, Marine safety,
Occupational safety and health, Oil and
gas exploration, Vessels.
46 CFR Part 112
46 CFR Part 189
Marine safety, Oceanographic
research vessels, Reporting and
recordkeeping requirements.
Vessels.
46 CFR Part 115
Fire prevention, Marine safety,
Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 190
Fire prevention, Marine safety,
Occupational safety and health,
Oceanographic research vessels.
46 CFR Part 118
Fire prevention, Marine safety,
Passenger vessels.
46 CFR Part 193
Fire prevention, Marine safety,
Oceanographic research vessels.
46 CFR Part 119
Marine safety, Passenger vessels.
46 CFR Part 122
Marine safety, Passenger vessels,
Penalties, Reporting and recordkeeping
requirements.
46 CFR Part 131
Cargo vessels, Fire prevention, Marine
safety, Navigation (water), Occupational
safety and health, Reporting and
recordkeeping requirements.
46 CFR Part 132
Cargo vessels, Fire prevention, Marine
safety, Reporting and recordkeeping
requirements.
46 CFR Part 147
46 CFR Part 162
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Fire prevention, Incorporation by
reference, Marine safety, Oil pollution,
Reporting and recordkeeping
requirements.
46 CFR Part 167
Fire prevention, Marine safety,
Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.
46 CFR Part 169
Fire prevention, Marine safety,
Reporting and recordkeeping
requirements, Schools, Vessels.
15:28 Feb 23, 2010
46 CFR Part 194
Explosives, Hazardous materials
transportation, Marine safety,
Oceanographic research vessels.
46 CFR Part 196
Marine safety, Oceanographic
research vessels, Reporting and
recordkeeping requirements.
For the reasons listed in the preamble,
the Coast Guard proposes to amend 46
CFR parts 25, 27, 28, 31, 34, 35, 62, 71,
76, 78, 91, 95, 97, 107, 108, 112, 115,
118, 119, 122, 131, 132, 147, 162, 167,
169, 176, 181, 182, 185, 189, 190, 193,
194, and 196 as follows:
PART 25—REQUIREMENTS
Hazardous materials transportation,
Incorporation by reference, Labeling,
Marine safety, Packaging and
containers, Reporting and recordkeeping
requirements.
VerDate Nov<24>2008
46 CFR Part 185
Marine safety, Passenger vessels,
Reporting and recordkeeping
requirements.
Jkt 220001
1. The authority citation for Part 25
continues to read as follows:
Authority: 33 U.S.C. 1903(b); 46 U.S.C.
3306, 4102, 4302; Department of Homeland
Security Delegation No. 0170.1.
2. Revise § 25.30–15 to read as
follows:
§ 25.30–15
systems.
Fixed fire-extinguishing
When a fixed fire-extinguishing
system is installed, it must be a type
approved or accepted by the
Commandant (CG–5214) or the
Commanding Officer, U.S. Coast Guard
Marine Safety Center.
PART 27—TOWING VESSELS
3. The authority citation for Part 27
continues to read as follows:
PO 00000
Frm 00008
Fmt 4701
Sfmt 4702
Authority: 46 U.S.C. 3306, 4102 (as
amended by Pub. L. 104–324, 110 Stat. 3901);
Department of Homeland Security Delegation
No. 0170.1.
4. In § 27.101, in the definition of
‘‘Fixed fire-extinguishing system’’, revise
paragraphs (1) and (3), and add a new
paragraph (4), to read as follows:
§ 27.101
Definitions.
*
*
*
*
*
Fixed fire-extinguishing system
means:
(1) A carbon dioxide system that
satisfies 46 CFR 76.15 and the system
labeling requirements in 46 CFR 78.47–
7 and 78.47–11 and that is approved by
the Commandant;
*
*
*
*
*
(3) A manually-operated water-mist
system that satisfies NFPA 750
(incorporated by reference; see 46 CFR
27.102) and that is approved by the
Commandant; or
(4) A clean agent system that satisfies
46 CFR 95.16 and the labeling
requirements of 46 CFR 97.37–9 and
97.37–11 and that is approved by the
Commandant.
*
*
*
*
*
PART 28—REQUIREMENTS FOR
COMMERCIAL FISHING INDUSTRY
VESSELS
5. The authority citation for Part 28
continues to read as follows:
Authority: 46 U.S.C. 3316, 4502, 4505,
4506, 6104, 10603; Department of Homeland
Security Delegation No. 0170.1.
6. Revise § 28.825(b)(2)(iv) to read as
follows:
§ 28.825 Excess fire detection and
protection equipment.
*
*
*
*
*
(b) * * *
(2) * * *
(iv) The control cabinets or spaces
containing valves or manifolds for the
various fire extinguishing systems must
be distinctly marked in conspicuous red
letters at least 2 inches high: ‘‘[CARBON
DIOXIDE/FOAM/CLEAN AGENT—as
appropriate] FIRE SYSTEM.’’
*
*
*
*
*
PART 31—INSPECTION AND
CERTIFICATION
7. The authority citation for Part 31
continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2103, 3205, 3306, 3307, 3703; 46 U.S.C.
Chapter 701; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991
Comp., p. 351; Department of Homeland
Security Delegation No. 0170.1. Section
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31.10–21 also issued under the authority of
Sect. 4109, Pub. L. 101–380, 104 Stat. 515.
8. In § 31.10–18, revise Table 31.10–
18(c) and paragraph (f) to read as
follows:
8439
§ 31.10–18 Firefighting equipment:
General—TB/ALL.
*
*
*
(c) * * *
*
*
TABLE 31.10–18(c)
Type system
Test
Foam ....................................
Systems utilizing a soda solution must have that solution replaced. In all cases, ascertain that powder is not
caked.
Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms,
and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system
manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be
tested or renewed, as required by 46 CFR 147.60 and 147.65.
Recharge or replace if weight loss exceeds 5% of weight of charge, or, if cylinder has a pressure gauge, recharge cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders
must be tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67.
NOTE: Halon 1301 system approvals have expired, but existing systems may be retained if they are in good and
serviceable condition to the satisfaction of the Coast Guard inspector.
Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and all flexible connections on fixed inert extinguishers must be tested
or renewed, as required by 46 CFR 147.60 and 147.66.
Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual.
Carbon dioxide .....................
Halon 1301 and halocarbon
Inert gas ...............................
Water mist ............................
*
*
*
*
*
(f) The marine inspector must check
all fire extinguishing system piping,
controls, valves, and alarms to ascertain
that the system is in good operating
condition. For carbon dioxide or clean
agent systems as described in 46 CFR
subpart 95.16, the marine inspector
must:
(1) Verify that flow is continuous and
that the piping and nozzles are
unobstructed; and
(2) Verify that any discharge delays
and pre-discharge alarms function
properly during the flow test.
*
*
*
*
*
PART 34—FIREFIGHTING EQUIPMENT
9. The authority citation for Part 34
continues to read as follows:
Authority: 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.
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10. Revise § 34.01–15 to read as
follows:
§ 34.01–15
Incorporation by reference.
(a) Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a). To enforce any edition other
than that specified in paragraph (b) of
this section, the Coast Guard must
publish notice of change in the Federal
Register and make the material available
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17:54 Feb 23, 2010
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to the public. All approved material is
on file at the U.S. Coast Guard, Office
of Design and Engineering Standards
(CG–521), 2100 2nd Street, SW., Stop
7126, Washington, DC 20593–7126 or 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: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. All
material is available from the sources
indicated in paragraph (b) of this
section.
(b) The material approved for
incorporation by reference in this part
and the sections affected are:
(1) American Society for Testing and
Materials (ASTM)
100 Barr Harbor Drive, West
Conshohocken, PA 19428–2959.
(2) ASTM F 1121–87 (Reapproved
1993), Standard Specification for
International Shore Connections for
Marine Fire Applications, 1987.
(c) National Fire Protection
Association (NFPA) 1 Batterymarch
Park, Quincy, MA 02269–9101.
(1) NFPA 13–1996, Standard for the
Installation of Sprinkler Systems—
34.30–1.
(2) NFPA 2001–2008, Standard on
Clean Agent Fire Extinguishing
Systems—34.05–5(a)(4).
11. In § 34.05–5, revise the section
heading and paragraphs (a)(3) through
(7) to read as follows:
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§ 34.05–5
T/ALL.
Fire extinguishing systems—
(a) * * *
(3) Lamp and paint lockers and
similar spaces. A carbon dioxide or
clean agent system as described in 46
CFR subpart 95.16 or a water spray
system must be installed in all lamp and
paint lockers, oil rooms, and similar
spaces.
(4) Pump rooms. A carbon dioxide or
clean agent system as described in 46
CFR subpart 95.16, a foam spray system,
or water spray system must be installed
for the protection of all pump rooms. If
a clean agent system is installed for the
pump room of a tank ship carrying
chemical cargos, the amount of
extinguishing agent must be determined
by using the agent design concentration
determined by the cup burner method,
described in NFPA 2001 (incorporated
by reference; see 46 CFR 34.01–15) for
the cargo requiring the greatest amount
of agent.
(5) Boiler rooms. On tankships
contracted for on or after November 19,
1952, a carbon dioxide or clean agent
system as described in 46 CFR subpart
95.16 or a foam system must be installed
to protect any space containing a main
or auxiliary oil fired boiler, the boiler
fuel oil service pump, or any fuel oil
units such as heaters, strainers, valves,
manifolds, etc., that are subject to the
discharge pressure of the fuel oil service
pumps.
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(6) Machinery spaces. A carbon
dioxide or clean agent system as
described in 46 CFR subpart 95.16 must
be installed to protect any machinery
space containing an internal
combustion-propelling engine that uses
fuel having a flashpoint of less than 110
degrees Fahrenheit.
(7) Internal combustion installations.
A fire extinguishing system must be
provided for an internal combustion
installation and:
(i) The system must be a carbon
dioxide or clean agent system as
described in 46 CFR subpart 95.16;
(ii) On vessels of 1,000 gross tons and
over on an international voyage, the
construction or conversion of which is
contracted for on or after May 26, 1965,
a carbon dioxide or clean agent system
as described in 46 CFR subpart 95.16
must be installed in any space
containing internal combustion or gas
turbine main propulsion machinery,
auxiliaries with an aggregate power of
1,000 b.h.p. or greater, or their fuel oil
units, including purifiers, valves, and
manifolds; and
(iii) On vessels of 1,000 gross tons and
over, the construction, conversion or
automation of which is contracted for
on or after January 1, 1968, a carbon
dioxide or clean agent system as
described in 46 CFR subpart 95.16 must
be installed in any space containing
internal combustion or gas turbine main
propulsion machinery, auxiliaries with
an aggregate power of 1,000 b.h.p. or
greater, or their fuel oil units, including
purifiers, valves and manifolds.
*
*
*
*
*
12. Add a new § 34.15–50 to read as
follows:
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§ 34.15–50
Lockout valves—T/ALL.
(a) A lockout valve must be provided
on any carbon dioxide extinguishing
system protecting a space over 6,000
cubic feet in volume or a space 6,000
cubic feet or less in volume that does
not have a horizontal escape.
(b) The lockout valve must be a
manually operated valve located in the
discharge manifold prior to the stop
valve or selector valves. When in the
closed position, the lockout valve must
provide complete isolation of the system
from the protected space or spaces,
making it impossible for carbon dioxide
to discharge in the event of equipment
failure during maintenance.
(c) The lockout valve design or
locking mechanism must make it
obvious whether the valve is open or
closed.
(d) A valve is considered a lockout
valve if it has a hasp or other means of
attachment to which, or through which,
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15:28 Feb 23, 2010
Jkt 220001
a lock can be affixed, or it has a locking
mechanism built into it.
(e) The lockout valve must be locked
in the closed position whenever
maintenance is performed on the
extinguishing system. The master must
ensure that the lockout valve is locked
in the open position when maintenance
is complete and the system is returned
to operable condition.
(f) Lockout valves added to existing
systems must be approved by the
Commandant for use in the system.
(g) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the lockout valve
requirements of this section not later
than [DATE 5 YEARS AFTER
EFFECTIVE DATE OF RULE].
13. Add new § 34.15–60 to read as
follows:
§ 34.15–60
Olfactory additives—T/ALL.
(a) Each carbon dioxide extinguishing
system must have an approved
odorizing unit to produce the scent of
wintergreen, the detection of which will
serve as an indication that carbon
dioxide gas is present in a protected
area and any other area into which the
carbon dioxide may migrate.
(b) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the requirements of this
section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
PART 35—OPERATIONS
14. The authority citation for Part 35
continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991
Comp., p. 351; Department of Homeland
Security Delegation No. 0170.1.
(a) Spaces storing carbon dioxide—
‘‘CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE
AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN THIS
AREA AND CAN CAUSE
SUFFOCATION.’’
(b) Spaces protected by carbon
dioxide—‘‘CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN
ALARM OPERATES OR
WINTERGREEN SCENT IS DETECTED,
DO NOT ENTER UNTIL VENTILATED.
LOCK-OUT SYSTEM WHEN
SERVICING.’’
(c) Spaces into which carbon dioxide
might migrate—‘‘CARBON DIOXIDE
GAS CAN CAUSE INJURY OR DEATH.
DISCHARGE INTO NEARBY SPACE
CAN COLLECT HERE. WHEN ALARM
OPERATES OR WINTERGREEN SCENT
IS DETECTED VACATE
IMMEDIATELY.’’
17. Revise § 35.40–10 to read as
follows:
§ 35.40–10 Steam, foam, carbon dioxide,
or clean agent fire smothering apparatus—
TB/ALL.
Each steam, foam, carbon dioxide, or
clean agent fire fighting apparatus must
be marked ‘‘[CARBON DIOXIDE/
STEAM/FOAM/CLEAN AGENT—as
appropriate] FIRE APPARATUS,’’ in red
letters at least 2 inches high. Branch
pipe valves leading to the several
compartments must be distinctly
marked to indicate the compartments or
parts of the vessel to which they lead.
PART 62—VITAL SYSTEM
AUTOMATION
18. The authority citation for Part 62
continues to read as follows:
15. Revise § 35.40–7 to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 8105; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
§ 35.40–7 Carbon dioxide and clean agent
alarms—T/ALL.
19. Revise § 62.25–20(d)(1)(ii) to read
as follows:
Each carbon dioxide or clean agent
fire extinguishing alarm installed after
November 19, 1952, must be
conspicuously marked: ‘‘WHEN ALARM
SOUNDS VACATE AT ONCE. CARBON
DIOXIDE OR CLEAN AGENT BEING
RELEASED.’’
16. Add a new § 35.40–8 to read as
follows:
§ 35.40–8 Carbon dioxide olfactory
warning signs—T/ALL.
Each entrance to a space storing
carbon dioxide cylinders, a space
protected by carbon dioxide systems, or
any space into which carbon dioxide
might migrate must be conspicuously
marked as follows:
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§ 62.25–20 Instrumentation, alarms, and
centralized stations.
*
*
*
*
*
(d) * * *
(1) * * *
(ii) Fire, general alarm, carbon
dioxide/Halon 1301/clean agent, vital
machinery, flooding, engineers’
assistance-needed, and non-vital alarms.
*
*
*
*
*
PART 71—INSPECTION AND
CERTIFICATION
20. The authority citation for Part 71
continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2113, 3205, 3306, 3307; E.O. 12234, 45 FR
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58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p.
351; Department of Homeland Security
Delegation No. 0170.1.
21. Revise § 71.20–20(b) to read as
follows:
§ 71.20–20
Specific tests and inspections.
*
*
*
*
*
(b) Installation of carbon dioxide or
clean agent extinguishing piping in
accordance with 46 CFR 76.15–15 and
46 CFR subpart 95.16.
*
*
*
*
*
8441
22. In § 71.25–20, revise the section
heading and Table 71.25–20(a)(2) to
read as follows:
§ 71.25–20 Fire detecting and
extinguishing equipment.
(a) * * *
(2) * * *
TABLE 71.25–20(a)(2)
Type system
Test
Foam ....................................
Systems utilizing a soda solution must have that solution replaced. In all cases, ascertain that powder is not
caked.
Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms,
and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system
manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be
tested or renewed, as required by 46 CFR 147.60 and 147.65.
Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge
cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be
tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67.
NOTE: Halon 1301 system approvals have expired, but existing systems may be retained if they are in good and
serviceable condition to the satisfaction of the Coast Guard inspector.
Recharge or replace cylinder if cylinder pressure loss exceeds 5%of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and all flexible connections on fixed inert extinguishers must be tested
or renewed, as required by 46 CFR 147.60 and 147.66.
Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual.
Carbon dioxide .....................
Halon 1301 and halocarbon
Inert gas ...............................
Water mist ............................
*
*
*
*
*
23. Revise § 71.65–5(d)(6) to read as
follows:
PART 76—FIRE PROTECTION
EQUIPMENT
24. The authority citation for Part 76
continues to read as follows:
§ 71.65–5 Plans and specifications
required for new construction.
*
*
*
*
*
(d) * * *
(6) Extinguishing systems, including
fire main, carbon dioxide, clean agent,
foam, and sprinkling systems.
*
*
*
*
*
Authority: 46 U.S.C. 3306; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation
No. 0170.1.
25. Revise § 76.05–1 to read as
follows:
§ 76.05–1
Fire detecting systems.
(a) On the following vessels, approved
fire detecting systems must be installed
in the locations indicated by Table
76.05–1(a):
(1) Any vessel on an international
voyage;
(2) Any vessel of more than 150 feet
in length having sleeping
accommodations for passengers; and
(3) Any vessel of 150 feet or less in
length that has sleeping
accommodations for 50 or more
passengers. Vessels that are not on an
international voyage are not required to
have a detecting system in the cargo
spaces.
TABLE 76.05–1(a)
Space
Detecting systems
Fixed extinguishing systems
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS2
Safety areas
Wheelhouse or fire-control room .......................
Stairway and elevator enclosures .....................
Communication corridors ...................................
Lifeboat embarkation and lowering stations ......
Radio room ........................................................
None
None
None
None
None
required 1
required 1
required 1
required 1
required 1
................................................
................................................
................................................
................................................
................................................
None
None
None
None
None
required.1
required.1
required.1
required.1
required.1
Accommodations
Staterooms, toilet spaces, isolated pantries, etc
Offices, lockers, and isolated storerooms .........
Public spaces ....................................................
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None required 1 ................................................
Electric, pneumatic, or automatic sprinkling 1 ..
None required with 20-minute patrol. Electric,
pneumatic, or automatic sprinkling with 1
hour patrol.1
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None required.1
None required.1
None required.1
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules
TABLE 76.05–1(a)—Continued
Space
Detecting systems
Fixed extinguishing systems
Open decks or enclosed promenades ..............
None required ...................................................
None required.
Service spaces
Galleys ...............................................................
Main pantries .....................................................
Motion picture booths and film lockers .............
Paint and lamp rooms .......................................
None required 1 ................................................
None required 1 ................................................
Electric, pneumatic, or automatic sprinkling 1 2
Smoke detecting 2 ............................................
Inaccessible baggage, mail, and specie rooms
and storerooms.
Accessible baggage, mail, and specie rooms
and storerooms.
Refrigerated storerooms ....................................
Carpenter, valet, photographic, and printing
shops, sales rooms, etc.
Smoke detecting 2 ............................................
None required.1
None required.1
None required.1
Carbon dioxide 3 system or carbon dioxide-alternative system as described in 46 CFR
subpart 95.16.
Carbon dioxide.3
Electric, pneumatic, or automatic sprinkling ....
None required.1
None required ...................................................
Electric, pneumatic, or automatic sprinkling ....
None required.
None required.1
Machinery spaces
Coal fired boilers: Bunker and boiler space ......
None required ...................................................
None required.1
Oil fired boilers: Spaces containing oil fired
boilers either main or auxiliary, their fuel oil
service pumps, and/or such other fuel oil
units as the heaters, strainers, valves, manifolds, etc., that are subject to the discharge
pressure of the fuel oil service pumps, together with adjacent spaces to which oil can
drain.
Internal combustion or gas turbine propelling
machinery spaces.
None required ...................................................
Carbon dioxide system or carbon dioxide-alternative system as described in 46 CFR
subpart 95.16 or foam.4
None required ...................................................
Electric propulsive motors or generators of
open type.
Enclosed ventilating systems for motors and
generators of electric propelling machinery.
None required ...................................................
Carbon dioxide system or carbon dioxide-alternative system as described in 46 CFR
subpart 95.16.5
None required.
Auxiliary spaces, internal combustion, or gas
turbine.
None required ...................................................
Auxiliary spaces, electric motors, or generators
Auxiliary spaces, steam .....................................
Trunks to machinery spaces .............................
Fuel tanks ..........................................................
None
None
None
None
None required ...................................................
required
required
required
required
...................................................
...................................................
...................................................
...................................................
Carbon dioxide system or carbon dioxide-alternative system as described in 46 CFR
subpart 95.16 (in ventilating system).7
Carbon dioxide system or carbon dioxide-alternative system as described in 46 CFR
subpart 95.16.7
None required.
None required.
None required.
None required.8
Cargo spaces
Inaccessible during voyage (combustible
cargo), including trunks (excluding tanks).
Accessible during voyage (combustible cargo)
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS2
Vehicular deck (except where no overhead
deck is 30 feet in length or less).
Cargo oil tanks ..................................................
Specially suitable for vehicles ...........................
Smoke detecting ...............................................
Carbon dioxide.3
Smoke detecting, electric, pneumatic or automatic sprinkling.
None required ...................................................
Automatic or manual sprinkling.
None required ...................................................
Smoke detecting, electric, pneumatic or automatic sprinkling.
Carbon dioxide or foam.3
Carbon dioxide, automatic or manual sprinkling.
Manual sprinkling.
Notes to Table 76.05–1(a)
1 Vessels of 100 gross tons and over contracted for, on, or before May 27, 1936, and having combustible joiner work must be fitted with an
automatic sprinkling system, except in relatively incombustible spaces.
2 On vessels contracted for prior to November 19, 1952, electric or pneumatic detecting may be substituted.
3 On vessels contracted for prior to January 1, 1962, a steam smothering system may be accepted. However, although existing steam smothering systems may be repaired, replaced, or extended, no new system contracted for on or after January 1, 1962, will be permitted.
4 Protection of auxiliary boilers, fuel oil units, valves, and manifolds are not required on vessels contracted for prior to November 19, 1952.
5 Not required on vessels less than 300 gross tons (except on an international voyage) using fuel with a flashpoint higher than 110° F., where
the space is normally manned.
6 Not required on vessels contracted for prior to November 19, 1952.
7 Not required on vessels less than 300 gross tons nor on vessels contracted for prior to November 19, 1952, except when fuel, including starting fuel, has a flashpoint of 110 °F. or less.
8 When fuel with a flashpoint of 110 °F. or lower is used, the space containing the fuel tanks must be protected by a carbon dioxide system or
carbon dioxide-alternative system as described in 46 CFR subpart 95.16.
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(b) The arrangements and details of
the fire detecting systems must meet the
requirements in subparts 76.25 through
76.33 of this part.
26. Revise § 76.10–5(h) to read as
follows:
§ 76.10–5
Fire pumps.
*
*
*
*
*
(h) If a vessel uses main or auxiliary
oil fired boilers or internal combustion
propulsion machinery, when two fire
pumps are required, this equipment
must be located in separate spaces and
the arrangement of pumps, sea
connections, and sources of power must
be arranged to ensure that a fire in any
one space will not put all of the fire
pumps out of operation. However, in
vessels of less than 300 feet in length,
when it is shown to the satisfaction of
the Commandant that it is unreasonable
or impracticable to meet this
requirement due to the size or
arrangement of the vessel, or for other
reasons, the installation of a total
flooding carbon dioxide or clean agent
extinguishing system may be accepted
as an alternate method of extinguishing
any fire that affects the powering and
operation of at least one of the required
fire pumps.
27. Add a new § 76.15–50 to read as
follows:
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS2
§ 76.15–50
Lockout valves.
(a) A lockout valve must be provided
on any carbon dioxide extinguishing
system protecting a space over 6,000
cubic feet in volume or a space 6,000
cubic feet or less in volume that does
not have a horizontal escape.
(b) The lockout valve must be a
manually operated valve located in the
discharge manifold prior to the stop
valve or selector valves. When in the
closed position, the lockout valve must
provide complete isolation of the system
from the protected space or spaces,
making it impossible for carbon dioxide
to discharge in the event of equipment
failure during maintenance.
(c) The lockout valve design or
locking mechanism must make it
obvious whether the valve is open or
closed.
(d) A valve is considered a lockout
valve if it has a hasp or other means of
attachment to which, or through which,
a lock can be affixed, or it has a locking
mechanism built into it.
(e) The lockout valve must be locked
in the closed position whenever
maintenance is performed on the
extinguishing system. The master must
ensure that the lockout valve is locked
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Jkt 220001
in the open position when maintenance
is complete and the system is returned
to operable condition.
(f) Lockout valves added to existing
systems must be included in the system
Type Approval or acceptable to the
Marine Safety Center
(g) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the lockout valve
requirements of this section not later
than [DATE 5 YEARS AFTER
EFFECTIVE DATE OF RULE].
28. Add a new § 76.15–60 to read as
follows:
§ 76.15–60
Olfactory additives.
(a) Each carbon dioxide extinguishing
system must have an approved
odorizing unit to produce the scent of
wintergreen, the detection of which will
serve as an indication that carbon
dioxide gas is present in a protected
area and any other area into which the
carbon dioxide may migrate.
(b) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the requirements of this
section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
PART 78—-OPERATIONS
29. The authority citation for Part 78
continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991
Comp., p. 351; Department of Homeland
Security Delegation No. 0170.1.
30. Revise § 78.47–9 to read as
follows:
§ 78.47–9
alarms.
Carbon dioxide and clean agent
Each carbon dioxide or clean agent
fire extinguishing alarm must be
conspicuously marked: ‘‘WHEN ALARM
SOUNDS VACATE AT ONCE. CARBON
DIOXIDE OR CLEAN AGENT BEING
RELEASED.’’
31. Add a new § 78.47–11 to read as
follows:
§ 78.47–11 Carbon dioxide olfactory
warning signs.
Each entrance to a space storing
carbon dioxide cylinders, a space
protected by carbon dioxide systems, or
any space into which carbon dioxide
might migrate must be conspicuously
marked as follows:
(a) Spaces storing carbon dioxide—
‘‘CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE
AREA BEFORE ENTERING. A HIGH
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8443
CONCENTRATION CAN OCCUR IN
THIS AREA AND CAN CAUSE
SUFFOCATION.’’
(b) Spaces protected by carbon
dioxide—‘‘CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN
ALARM OPERATES OR
WINTERGREEN SCENT IS DETECTED,
DO NOT ENTER UNTIL VENTILATED.
LOCK–OUT SYSTEM WHEN
SERVICING.’’
(c) Spaces into which carbon dioxide
might migrate—‘‘CARBON DIOXIDE
GAS CAN CAUSE INJURY OR DEATH.
DISCHARGE INTO NEARBY SPACE
CAN COLLECT HERE. WHEN ALARM
OPERATES OR WINTERGREEN SCENT
IS DETECTED VACATE
IMMEDIATELY.’’
32. Revise § 78.47–17 to read as
follows:
§ 78.47–17
controls.
Fire extinguishing system
Each control cabinet or space
containing valves or manifolds for a fire
extinguishing system must be distinctly
marked in conspicuous red letters at
least 2 inches high: ‘‘[CARBON
DIOXIDE/STEAM/FOAM/WATER
SPRAY/MANUAL SPRINKLING/
AUTOMATIC SPRINKLING/CLEAN
AGENT—as appropriate] FIRE
SYSTEM.’’
PART 91—INSPECTION AND
CERTIFICATION
33. The authority citation for Part 91
continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
3205, 3306, 3307; 46 U.S.C. Chapter 701;
Executive Order 12234; 45 FR 58801; 3 CFR,
1980 Comp., p. 277; Executive Order 12777,
56 FR 54757, 3 CFR, 1991 Comp., p. 351;
Department of Homeland Security Delegation
No. 0170.1.
34. Revise § 91.20–20(b) to read as
follows:
§ 91.20–20
Specific tests and inspections.
*
*
*
*
*
(b) For installation of carbon dioxide
fire extinguishing system piping, see 46
CFR 95.15–15. For clean agent fire
extinguishing piping, see 46 CFR 95.16–
15.
*
*
*
*
*
35. In § 91.25–20, revise the section
heading and Table 91.25–20(a)(2) to
read as follows:
§ 91.25–20
Fire extinguishing equipment.
(a) * * *
(2) * * *
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules
TABLE 91.25–20(a)(2)
Type system
Test
Foam ....................................
Systems utilizing a soda solution must have that solution replaced. In all cases, ascertain that powder is not
caked.
Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms,
and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system
manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be
tested or renewed, as required by 46 CFR 147.60 and 147.65.
Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge
cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be
tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67.
NOTE: Halon 1301 system approvals have expired, but existing systems may be retained if they are in good and
serviceable condition to the satisfaction of the Coast Guard inspector.
Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and all flexible connections on fixed inert extinguishers must be tested
or renewed, as required by 46 CFR 147.60 and 147.66.
Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual.
Carbon dioxide .....................
Halon 1301 and halocarbon
Inert gas ...............................
Water mist ............................
39. In § 95.10–5(h), revise the second
sentence to read as follows:
*
*
*
*
*
36. Revise § 91.55–5(d)(4) to read as
follows:
§ 95.10–5
§ 91.55–5 Plans and specifications
required for new construction.
*
*
*
*
*
(d) * * *
(4) Details of extinguishing systems,
including fire mains, carbon dioxide,
clean agent, foam, and sprinkling
systems.
*
*
*
*
*
PART 95—FIRE PROTECTION
EQUIPMENT
37. The authority citation for Part 95
continues to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation
No. 0170.1.
38. Revise § 95.05–10(e)(3)(ii) to read
as follows:
§ 95.05–10
systems.
Fixed fire extinguishing
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS2
*
*
*
*
*
(e) * * *
(3) * * *
(ii) On vessels of 1,000 gross tons and
greater, a fixed carbon dioxide or clean
agent system as described in subpart
95.16 of this part must be installed in
any space that contains internal
combustion or gas turbine main
propulsion machinery, or auxiliary
machinery with an aggregate power of
1,000 b.h.p. or greater, or the fuel oil
units of such machinery, including
purifiers, valves, and manifolds.
*
*
*
*
*
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Fire pumps.
*
*
*
*
*
(h) * * * However, when it is shown
to the satisfaction of the Commandant
that it is unreasonable or impracticable
to meet this requirement due to the size
or arrangement of the vessel, or for other
reasons, the installation of a total
flooding carbon dioxide or clean agent
system may be accepted as an alternate
method of extinguishing any fire that
could affect the powering and operation
of at least one of the required fire
pumps.
40. Revise § 95.15–5(e)(2) to read as
follows:
§ 95.15–5 Quantity, pipe sizes, and
discharge rates.
*
*
*
*
*
(e) * * *
(2) The valves must be arranged so
that the required quantity of carbon
dioxide is discharged into any ‘‘tight’’
space. The discharge of two thirds of the
required quantity of carbon dioxide
must be completed within 10 minutes.
Any faster discharge rate is also
acceptable.
*
*
*
*
*
41. Revise § 95.15–30 to read as
follows:
§ 95.15–30
Alarms.
(a) A protected space must be fitted
with an approved audible alarm if:
(1) The space is normally accessible to
persons onboard while the vessel is
being navigated; and
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(2) Is not a paint locker or similar
small space.
(b) The alarm must:
(1) Sound automatically and audibly
for at least 20 seconds before carbon
dioxide is discharged into the space;
(2) Be conspicuously and centrally
located and be marked as required by 46
CFR 97.37–9; and
(3) Use stored gas power provided by
the extinguishing agent, gas from pilot
cylinders, or gas from cylinders
specifically provided to power the
alarms.
(c) For systems installed on or after
July 1, 1957, alarms are mandatory only
for systems required to be fitted with a
delayed discharge.
42. Add a new § 95.15–50 to read as
follows:
§ 95.15–50
Lockout valves.
(a) A lockout valve must be provided
on any carbon dioxide extinguishing
system protecting a space over 6,000
cubic feet in volume or a space 6,000
cubic feet or less in volume that does
not have a horizontal escape.
(b) The lockout valve must be a
manually operated valve located in the
discharge manifold prior to the stop
valve or selector valves. When in the
closed position, the lockout valve must
provide complete isolation of the system
from the protected space or spaces,
making it impossible for carbon dioxide
to discharge in the event of equipment
failure during maintenance.
(c) The lockout valve design or
locking mechanism must make it
obvious whether the valve is open or
closed.
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(d) A valve is considered a lockout
valve if it has a hasp or other means of
attachment to which, or through which,
a lock can be affixed, or it has a locking
mechanism built into it.
(e) The lockout valve must be locked
in the closed position whenever
maintenance is performed on the
extinguishing system. The master must
ensure that the lockout valve is locked
in the open position when maintenance
is complete and the system is returned
to operable condition.
(f) Lockout valves added to existing
systems must be approved by the
Commandant for use in the system.
(g) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the lockout valve
requirements of this section not later
than [DATE 5 YEARS AFTER
EFFECTIVE DATE OF RULE].
43. Add a new § 95.15–60 to read as
follows:
§ 95.15–60
Olfactory warnings.
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS2
(a) Each carbon dioxide extinguishing
system must have an approved
odorizing unit to produce the scent of
wintergreen, the detection of which will
serve as an indication that carbon
dioxide gas is present in a protected
area and any other area into which the
carbon dioxide may migrate.
(b) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the requirements of this
section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
44. Add a new subpart 95.16 to read
as follows:
Subpart 95.16—Fixed Clean Agent Gas
Extinguishing Systems, Details
Sec.
95.16–1 Application.
95.16–5 Controls.
95.16–10 Piping, fittings, valves, nozzles.
95.16–15 Extinguishing agent: quantity.
95.16–20 Extinguishing agent: cylinder
storage.
95.16–25 Manifold and cylinder
arrangements.
95.16–30 Enclosure openings.
95.16–35 Pressure relief.
95.16–40 Locked spaces.
95.16–45 Discharge delays and alarms.
95.16–50 Instructions.
95.16–60 System piping installation testing.
95.16–90 Installations contracted for prior
to [EFFECTIVE DATE OF THIS RULE].
Subpart 95.16—Fixed Clean Agent Gas
Extinguishing Systems, Details
§ 95.16–1
Application.
(a) ‘‘Clean agent’’ means a halocarbon
or inert gas used as a fire extinguishing
agent.
(b) A clean agent extinguishing
system must comply with this part.
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Systems contracted for prior to [THE
EFFECTIVE DATE OF THIS RULE] may,
as an alternative, comply with 46 CFR
95.16–90.
(c) Each clean agent system must:
(1) Be of a total flooding type to
protect against Class B and Class C
hazards as defined in 46 CFR 95.50–5;
(2) Address and minimize any hazard
to personnel created by the effects of
extinguishing agent decomposition
products and combustion products,
especially the effects of decomposition
product hydrogen fluoride (HF), if
applicable;
(3) Be accompanied by an approved
manufacturer’s design, installation,
operation, and maintenance manual that
provides safety and remedial
instructions;
(4) Be used only to protect enclosed
spaces;
(5) Not employ electric power for
system actuation, controls, or alarms;
and
(6) Not use any source of power for
alarms in protected spaces, other than
the extinguishing agent, gas from pilot
cylinders, or gas from cylinders
specifically provided to power the
alarms.
§ 95.16–5
Controls.
(a) At least one releasing station must
be installed near the main entrance/exit
to the protected space.
(b) System controls must be of an
approved type and be suitably protected
from damage and located outside the
protected space.
(c) Systems must have releasing
stations consisting of one control to
operate the stop valve to the protected
space and a second control to release at
least the required amount of agent.
These two controls must be located in
a box or other enclosure clearly
identified for the particular space.
(d) Systems protecting a single space
not exceeding 6,000 cubic feet in gross
volume may be installed without a stop
valve if a suitable horizontal means of
escape from the space exists.
(e) Controls may not be located in any
space that could be cut off from the
operator in the event of fire in the
protected space.
(f) Where the extinguishing agent can
be released by remote control, the
system must have a manual local
control at the cylinders.
(g) A pneumatic releasing control
must have a local mechanical manual
override feature.
(h) Automatic discharge arrangements
may be used for spaces having a volume
less than 6,000 cubic feet. However,
automatic discharge is required for
spaces having a volume less than 6,000
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8445
cubic feet where the agent is stored in
the protected space, as allowed by 46
CFR 95.16–20.
(i) A system designed to use gas
pressure from one or more agent storage
cylinders and provide pilot pressure to
actuate the release of extinguishing
agent from other storage cylinders that
contains three or more total storage
cylinders must be equipped with at least
two designated pilot cylinders, each of
which is capable of manual control at
the pilot cylinder.
§ 95.16–10
Piping, fittings, valves, nozzles.
(a) Piping, fittings, and valves must
be:
(1) In accordance with the
manufacturer’s approved design,
installation, operation, and maintenance
manual;
(2) Securely supported and when
necessary protected against damage;
(3) Protected inside and out against
corrosion; and
(4) Equipped with:
(i) Dead end lines (dirt traps) that
extend at least 2 inches beyond the last
nozzle of each distribution line and that
are closed with a cap or plug; and
(ii) Drains and dirt traps, fitted where
necessary to prevent dirt or moisture
accumulation and located in accessible
locations where possible.
(b) Piping requirements. Piping must
be:
(1) Used exclusively for extinguishing
system purposes;
(2) Protected by a pressure relief valve
or equivalent in sections where gas
pressure can be trapped between closed
valves; and
(3) Welded if it passes through living
quarters.
(c) Piping prohibitions. Piping must
not:
(1) Use rolled groove or cut groove
ends; or
(2) Be fitted with drains or other
openings if it passes through living
quarters.
(d) Valve requirements. Valves for
system operation must be:
(1) Outside the protected space, and
(2) Marked, if serving a branch line,
to indicate the space the branch line
serves.
(e) Valve prohibitions. Valves may not
be located in any space that could be cut
off from the operator in the event of fire
in the protected space.
§ 95.16–15
Extinguishing agent: quantity.
A separate supply need not be
provided for each space protected, but
the total available supply must be at
least sufficient for the space requiring
the greatest amount.
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§ 95.16–20
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules
Extinguishing agent: cylinder
(a) Unless installed as required in
paragraph (b) of this section, the agent
must be stored outside of the protected
space. Common bulkheads and decks
located between the cylinder storage
room and the protected spaces must
meet the insulation criteria for Class
A–60, as defined in 46 CFR 72.05–10.
(b) The cylinders may be stored inside
the protected space, if:
(1) The space does not exceed 6,000
cubic feet gross volume; and
(2) The system can be automatically
operated by a pneumatic heat actuator
as well as a remote manual control.
(c) The cylinder storage space must be
properly ventilated and designed to
preclude an anticipated ambient
temperature in excess of 130°
Fahrenheit.
(d) The cylinders must be securely
fastened and supported as directed in
the manufacturer’s approved design,
installation, operation, and maintenance
manual, and where necessary protected
against damage.
(e) The cylinders must be mounted so
they are readily accessible and capable
of easy removal for recharging and
inspection and for weighing in the case
of halocarbon system cylinders.
(f) The cylinders must be installed to
provide a space of at least 2 inches
between the deck and the bottom of the
cylinders.
(g) The cylinders must be mounted
upright, unless otherwise specified in
the instruction manual.
(h) All cylinder storage room doors
must open outward.
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS2
§ 95.16–25 Manifold and cylinder
arrangements.
(a) A check valve must be provided
between each cylinder and manifold or
distribution piping. The valve must be
permanently marked to indicate the
direction of flow.
(b) If the same cylinder is used to
protect more than one space, normally,
closed stop valves must be provided to
direct the agent into each protected
space.
(c) Each cylinder must be fabricated,
tested, and marked in accordance with
46 CFR 147.60(b) and 49 CFR Part 180.
(d) The cylinders in a common
manifold must be:
(1) Of the same size;
(2) Filled with the same amount of
agent; and
(3) Pressurized to the same working
pressure.
§ 95.16–30
Enclosure openings.
(a) If mechanical ventilation is
provided for in a protected space, the
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ventilation system must automatically
shut down prior to discharge of the
system to that space.
(b) If natural ventilation is provided
for in a space protected by a clean agent
extinguishing system, the ventilation
must be capable of being easily and
effectively closed off.
(c) All other openings to a protected
space must be capable of being closed.
Doors, shutters, or dampers must be
installed for openings in the lower
portion of the space. Openings in the
upper portion of the space must be
capable of being closed off either by
permanently installed means or by the
use of canvas or other material normally
carried on the vessel.
§ 95.16–35
Pressure relief.
Tight compartments like refrigeration
spaces and paint lockers must have a
way to relieve the accumulation of
excessive pressure within the
compartment when the extinguishing
agent is injected.
§ 95.16–40
Locked spaces.
If a space or enclosure containing
extinguishing agent supply or controls
is lockable, a key to the space or
enclosure must be in a break glass type
box conspicuously located adjacent to
the opening.
§ 95.16–45
Discharge delays and alarms.
(a) Each system protecting a space
with greater than 6,000 cubic feet gross
volume or a space less than 6,000 cubic
feet gross volume without a suitable
horizontal escape route must have a
pneumatic pre-discharge alarm and time
delay.
(1) The time delay period must:
(i) Last at least 20 seconds;
(ii) Be approved by the Officer in
Charge, Marine Inspection during
system installation; and
(iii) Provide enough time for one
person to walk from the farthest area of
the protected space to the primary exit.
(2) The time delay device must be
pneumatically operated and have an
accuracy of ¥0/+20% of the rated time
delay period throughout the operating
temperature range and range of delay
settings.
(b) The pre-discharge alarm must:
(1) Sound for the duration of the time
delay;
(2) Be conspicuously and centrally
located and marked as required by 46
CFR 97.37–9;
(3) Depend on the extinguishing
agent, gas from a pilot cylinder, or a
nitrogen cylinder specifically provided
to power the alarm for its source of
power; and
(4) Be audible over running
machinery.
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§ 95.16–50
Instructions.
(a) Simple, complete operating
instructions must be conspicuously
located at or near any release station
and in the extinguishing agent cylinder
storage room.
(b) On a system in which
extinguishing agent cylinders are stored
outside the protected space, operating
instructions must also:
(1) Include a schematic diagram of the
system; and
(2) Describe alternate methods of
discharging the extinguishing agent into
protected spaces should the manual
releases or stop valve controls fail to
operate.
§ 95.16–60
testing.
System piping installation
(a) Halocarbon systems. A pressure
test using the extinguishing agent, air or
inert gas, must be conducted on
halocarbon system discharge piping on
completion of piping installation and
before extinguishing agent cylinders are
connected.
(1) Except as otherwise specified in
this section:
(i) Piping from the cylinders to the
stop valves or selector valves must be
subjected to a pressure of 11⁄2 times the
cylinder charging pressure at 70°
Fahrenheit; and
(ii) The leakage during a 2-minute
period must not exceed a pressure drop
of 10 percent.
(2) Individual branch lines to a
protected space must be tested as
described in paragraph (a)(1) of this
section, except that:
(i) The pressure must be 150 pounds
per square inch; and
(ii) Distribution piping must be
capped within the protected space at the
first joint upstream of the nozzles.
(3) Pneumatic actuation piping must
be tested as described in paragraph
(a)(1) of this section.
(b) Inert gas systems. A pressure test
using air or inert gas must be conducted
on each inert gas system’s piping on
completion of piping installation and
before extinguishing agent cylinders are
connected.
(1) Except as otherwise specified in
this section:
(i) Piping from the cylinders to the
stop valves or selector valves must be
subjected to a pressure of 1,000 pounds
per square inch at 70° Fahrenheit; and
(ii) The leakage during a 2-minute
period must not exceed a pressure drop
of 10 percent.
(2) Individual branch lines to a
protected space must be tested as
described in paragraph (b)(1) of this
section, except that:
(i) The pressure must be 600 pounds
per square inch; and
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(ii) Distribution piping must be
capped within the protected space at the
first joint upstream of the nozzles.
(3) Pneumatic actuation piping must
be tested as described in paragraph
(b)(1) of this section.
(c) Small independent systems. In lieu
of test requirements in paragraphs (a) or
(b) of this section, a small independent
halocarbon or inert gas system, like
those found in emergency generator
rooms and paint lockers, may be tested
by blowing out the piping with air
pressure of at least 100 pounds per
square inch, if:
(1) There are no valves in the system
discharge piping; and
(2) There is not more than one change
in direction between the agent container
and the discharge nozzle.
§ 95.16–90 Installations contracted for
prior to [EFFECTIVE DATE OF THIS RULE].
Installations contracted for prior to
[EFFECTIVE DATE OF THIS RULE]
must meet the requirements of this
subpart unless previously approved
existing arrangements, materials, and
facilities are:
(a) Maintained in good condition to
the satisfaction of the Officer in Charge,
Marine Inspection; and
(b) Subjected to no more than minor
repairs or alterations implemented to
the same standards as the original
installation.
INJURY OR DEATH. VENTILATE THE
AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN
THIS AREA AND CAN CAUSE
SUFFOCATION.’’
(b) Spaces protected by carbon
dioxide—‘‘CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN
ALARM OPERATES OR
WINTERGREEN SCENT IS DETECTED,
DO NOT ENTER UNTIL VENTILATED.
LOCK-OUT SYSTEM WHEN
SERVICING.’’
(c) Spaces into which carbon dioxide
might migrate—‘‘CARBON DIOXIDE
GAS CAN CAUSE INJURY OR DEATH.
DISCHARGE INTO NEARBY SPACE
CAN COLLECT HERE. WHEN ALARM
OPERATES OR WINTERGREEN SCENT
IS DETECTED VACATE
IMMEDIATELY.’’
48. Revise § 97.37–13 to read as
follows:
§ 97.37–13
controls.
Fire extinguishing system
The control cabinets or spaces
containing valves or manifolds for the
various fire extinguishing systems must
be distinctly marked in conspicuous red
letters at least 2 inches high: ‘‘[STEAM/
CARBON DIOXIDE/CLEAN AGENT/
FOAM/WATER SPRAY—as
appropriate] FIRE APPARATUS.’’
PART 97—OPERATIONS
PART 107—-INSPECTION AND
CERTIFICATION
45. The authority citation for Part 97
continues to read as follows:
49. The authority citation for Part 107
continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757; 3 CFR, 1991
Comp., p. 351; Department of Homeland
Security Delegation No. 0170.1.
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306,
3307; 46 U.S.C. 3316; Department of
Homeland Security Delegation No. 0170.1;
§ 107.05 also issued under the authority of 44
U.S.C. 3507.
46. Revise § 97.37–9 to read as
follows:
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS2
§ 97.37–9
alarms.
§ 107.231
Carbon dioxide and clean agent
Each carbon dioxide or clean agent
fire extinguishing alarm must be
conspicuously marked: ‘‘WHEN ALARM
SOUNDS VACATE AT ONCE. CARBON
DIOXIDE OR CLEAN AGENT BEING
RELEASED.’’
47. Add a new § 97.37–11 to read as
follows:
§ 97.37–11
Carbon dioxide warnings.
Each entrance to a space storing
carbon dioxide cylinders, a space
protected by carbon dioxide systems, or
any space into which carbon dioxide
might migrate must be conspicuously
marked as follows:
(a) Spaces storing carbon dioxide—
‘‘CARBON DIOXIDE GAS CAN CAUSE
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50. Add § 107.231(w) to read as
follows:
Inspection for certification.
*
*
*
*
*
(w) Piping for each halocarbon and
inert gas extinguishing system must be
tested in accordance with 46 CFR
95.16–60.
*
*
*
*
*
51. In § 107.235, revise paragraph (b)
and add paragraph (c) to read as set out
below, and remove the note at the end
of the section.
§ 107.235 Servicing of hand portable fire
extinguishers, semi-portable fire
extinguishers and fixed fire-extinguishing
systems.
*
*
*
*
*
(b) Each fixed fire extinguishing
system must be examined for excessive
corrosion and general condition and
checked and serviced as indicated,
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8447
depending on the extinguishing agent
used by the system.
(1) Carbon dioxide: Weigh cylinders.
Recharge cylinder if weight loss exceeds
10% of weight of charge. Test time
delays, alarms, and ventilation
shutdowns with carbon dioxide,
nitrogen, or other nonflammable gas as
stated in the system manufacturer’s
instruction manual. Inspect hoses for
damage or decay. Ensure that nozzles
are unobstructed. Cylinders must be
tested and marked, and all flexible
connections on fixed carbon dioxide
systems must be tested or renewed, as
required by 46 CFR 147.60 and 147.65.
(2) Halon 1301 or Halocarbon:
Recharge or replace if weight loss
exceeds 5% of weight of charge or, if
cylinder has a pressure gauge, recharge
cylinder if pressure loss exceeds 10%,
adjusted for temperature. Test time
delays, alarms, and ventilation
shutdowns with carbon dioxide,
nitrogen, or other nonflammable gas as
stated in the system manufacturer’s
instruction manual. Inspect hoses for
damage or decay. Ensure that nozzles
are unobstructed. Cylinders must be
tested and marked, and all flexible
Halon 1301 and halocarbon cylinders
must be tested or renewed as required
by 46 CFR 147.60 and 147.65 or 147.67.
Note that Halon 1301 system approvals
have expired, but that existing systems
may be retained if they are in good and
serviceable condition to the satisfaction
of the Coast Guard inspector.
(3) Inert gas: Recharge or replace
cylinder if cylinder pressure loss
exceeds 5% of specified gauge pressure,
adjusted for temperature. Test time
delays, alarms, and ventilation
shutdowns with carbon dioxide,
nitrogen, or other nonflammable gas as
stated in the system manufacturer’s
instruction manual. Inspect hoses for
damage or decay. Ensure that nozzles
are unobstructed. Cylinders must be
tested and marked, and all flexible
connections on fixed inert extinguishers
must be tested or renewed as required
by 46 CFR 147.60 and 147.66.
(4) Foam, except premix systems:
Discharge foam for approximately 15
seconds from a nozzle designated by the
marine inspector, by:
(i) Discharging water from all other
lines and nozzles; and
(ii) Submitting a sample of the foam
liquid to the manufacturer or its
authorized representative for
determination of specific gravity, pH,
percentage of water dilution, and solid
content and for certification as a
suitable firefighting foam.
(5) Premix aqueous film forming
foam: Remove the pressure cartridge
and replace the cartridge if the seal is
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punctured, sampling the premix
solution in accordance with the
manufacturer’s instructions, and
replacing any cylinders that are
discharged.
(c) Fire extinguishing equipment must
be tested and marked as indicated,
depending on the extinguishing agent
used by the system —
(1) Carbon dioxide and Halon 1301,
semi-portable systems: Cylinders and
discharge hoses in accordance with 46
CFR 147.60 and 147.65; or
(2) Halocarbon and inert gas:
Cylinders and flexible connectors in
accordance with 46 CFR 147.66 and
147.67.
PART 108—DESIGN AND EQUIPMENT
52. The authority citation for Part 108
continues to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3102,
3306; Department of Homeland Security
Delegation No. 0170.1.
53. Add new § 108.444 to read as
follows:
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS2
§ 108.444
Lockout valves.
(a) A lockout valve must be provided
on any carbon dioxide extinguishing
system protecting a space over 6,000
cubic feet in volume or a space 6,000
cubic feet or less in volume that does
not have a horizontal escape.
(b) The lockout valve must be a
manually operated valve located in the
discharge manifold prior to the stop
valve or selector valves. When in the
closed position, the lockout valve must
provide complete isolation of the system
from the protected space or spaces,
making it impossible for carbon dioxide
to discharge in the event of equipment
failure during maintenance.
(c) The lockout valve design or
locking mechanism must make it
obvious whether the valve is open or
closed.
(d) A valve is considered a lockout
valve if it has a hasp or other means of
attachment to which, or through which,
a lock can be affixed, or it has a locking
mechanism built into it.
(e) The lockout valve must be locked
in the closed position whenever
maintenance is performed on the
extinguishing system. The master must
ensure that the lockout valve is locked
in the open position when maintenance
is complete and the system is returned
to operable condition.
(f) Lockout valves added to existing
systems must be approved by the
Commandant for use in the system.
(g) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the lockout valve
requirements of this section not later
than [DATE 5 YEARS AFTER
EFFECTIVE DATE OF RULE].
54. Add a new § 108.446 to read as
follows:
§ 108.446
Olfactory additives.
(a) Each carbon dioxide extinguishing
system must have an approved
odorizing unit to produce the scent of
wintergreen, the detection of which will
serve as an indication that carbon
dioxide gas is present in a protected
area and any other area into which the
carbon dioxide may migrate.
(b) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the requirements of this
section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
55. Add a new § 108.626 to read as
follows:
§ 108.626 Carbon dioxide olfactory
warning signs.
Each entrance to a space storing
carbon dioxide cylinders, a space
protected by carbon dioxide systems, or
any space into which carbon dioxide
might migrate must be conspicuously
marked as follows:
(a) Spaces storing carbon dioxide—
‘‘CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE
AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN
THIS AREA AND CAN CAUSE
SUFFOCATION.’’
(b) Spaces protected by carbon
dioxide—‘‘CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN
ALARM OPERATES OR
WINTERGREEN SCENT IS DETECTED,
DO NOT ENTER UNTIL VENTILATED.
LOCK-OUT SYSTEM WHEN
SERVICING.’’
(c) Spaces into which carbon dioxide
might migrate—‘‘CARBON DIOXIDE
GAS CAN CAUSE INJURY OR DEATH.
DISCHARGE INTO NEARBY SPACE
CAN COLLECT HERE. WHEN ALARM
OPERATES OR WINTERGREEN SCENT
IS DETECTED VACATE
IMMEDIATELY.’’
56. Revise the section heading to
§ 108.627 to read as follows:
§ 108.627
alarms.
Carbon dioxide and clean agent
*
*
*
*
*
57. Revise § 108.631(a) to read as
follows:
§ 108.631
controls.
Fixed fire extinguishing system
(a) Each cabinet or space that contains
a valve, control, or manifold of a fixed
fire extinguishing system must be
marked in conspicuous red letters at
least 2 inches high: ‘‘[CARBON
DIOXIDE/CLEAN AGENT/FOAM/
WATER SPRAY—as appropriate] FIRE
APPARATUS.’’
*
*
*
*
*
PART 112—EMERGENCY LIGHTING
AND POWER SYSTEMS
58. The authority citation for Part 112
continues to read as follows:
Authority: 46 U.S.C. 3306, 3703;
Department of Homeland Security Delegation
No. 0170.1.
59. Revise § 112.15–5(v) to read as
follows:
§ 112.15–5
Final emergency loads.
*
*
*
*
*
(v) Each smoke extraction fan, not
including smoke detector sampling, and
carbon dioxide or clean agent exhaust
fans for spaces.
PART 115—INSPECTION AND
CERTIFICATION
60. The authority citation for Part 115
continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2103, 3205, 3306, 3307; 49 U.S.C. App. 1804;
E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975
Comp., p. 743; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; Department of
Homeland Security Delegation No. 0170.1
61. In § 115.810, revise Table
115.810(b) to read as follows:
§ 115.810
*
Fire protection.
*
*
(b) * * *
*
*
TABLE 115.810(b)—SEMIPORTABLE AND FIXED FIRE EXTINGUISHING SYSTEMS
Type system
Test
Carbon dioxide .....................
Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms,
and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system
manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be
tested or renewed, as required by 46 CFR 147.60 and 147.65.
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TABLE 115.810(b)—SEMIPORTABLE AND FIXED FIRE EXTINGUISHING SYSTEMS—Continued
Type system
Test
Halon 1301 and halocarbon
Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge
cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be
tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. Note that Halon 1301 system approvals have expired, but that existing systems may be retained if they are in good and serviceable condition to the satisfaction
of the Coast Guard inspector.
Examine pressure cartridge and replace if end is punctured, has leaked, or is otherwise unsuitable. Inspect hose
and nozzle to see if they are clear. Insert charged cartridge. Ensure dry chemical is free flowing, not caked,
and extinguisher contains full charge.
See that pressure gauge is in operating range. If not, or if the seal is broken, weigh or otherwise determine that
extinguisher is fully charged with dry chemical. Recharge cylinder if pressure is low or if dry chemical is needed.
See that any pressure gauge is in the operating range. If not, or if the seal is broken, weigh or otherwise determine that extinguisher is fully charged with foam. Recharge cylinder if pressure is low or if foam is needed. Replace premixed agent every 3 years.
Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections on fixed
inert extinguishers must be tested or renewed as required by 46 CFR 147.60 and 147.66.
Maintain system in accordance with maintenance instructions in system manufacturer’s design, installation, operation, and maintenance manual.
Dry chemical (cartridge operated).
Dry chemical (stored pressure).
Foam (stored pressure) .......
Inert gas ...............................
Water mist ............................
*
*
*
*
*
PART 118—FIRE PROTECTION
EQUIPMENT
62. The authority citation for Part 118
continues to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
63. In § 118.410, add new paragraphs
(f)(7) through (f)(13) and add new
paragraph (h) to read as follows:
§ 118.410
systems.
Fixed gas fire extinguishing
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*
*
*
*
*
(f) * * *
(7) A lockout valve must be provided
on any carbon dioxide extinguishing
system protecting a space over 6,000
cubic feet in volume or a space 6,000
cubic feet or less in volume that does
not have a horizontal escape.
(8) The lockout valve must be a
manually operated valve located in the
discharge manifold prior to the stop
valve or selector valves. When in the
closed position, the lockout valve must
provide complete isolation of the system
from the protected space or spaces,
making it impossible for carbon dioxide
to discharge in the event of equipment
failure during maintenance.
(9) The lockout valve design or
locking mechanism must make it
obvious whether the valve is open or
closed.
(10) A valve is considered a lockout
valve if it has a hasp or other means of
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attachment to which, or through which,
a lock can be affixed, or it has a locking
mechanism built into it.
(11) The lockout valve must be locked
in the closed position whenever
maintenance is performed on the
extinguishing system. The master must
ensure that the lockout valve is locked
in the open position when maintenance
is complete and the system is returned
to operable condition.
(12) Lockout valves added to existing
systems must be approved by the
Commandant for use in the system.
(13) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the lockout valve
requirements of this section not later
than [DATE 5 YEARS AFTER
EFFECTIVE DATE OF RULE].
*
*
*
*
*
(h) Olfactory additives. (1) Each
carbon dioxide extinguishing system
must have an approved odorizing unit
to produce the scent of wintergreen, the
detection of which will serve as an
indication that carbon dioxide gas is
present in a protected area and any
other area into which the carbon
dioxide may migrate.
(2) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the requirements of this
section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
PART 119—MACHINERY
INSTALLATION
64. The authority citation for Part 119
continues to read as follows:
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Authority: 46 U.S.C. 2103, 3306; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
65. Revise § 119.710(a)(3) to read as
follows:
§ 119.710
Piping for vital systems.
(a) * * *
(3) Carbon dioxide, Halon 1301, and
clean agent systems;
*
*
*
*
*
PART 122—OPERATIONS
66. The authority citation for Part 122
continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 6101; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
67. In § 122.612, add new paragraph
(i) to read as follows:
§ 122.612
Fire protection equipment.
*
*
*
*
*
(i) Carbon dioxide olfactory warning
signs. Each entrance to a space storing
carbon dioxide cylinders, a space
protected by carbon dioxide systems, or
any space into which carbon dioxide
might migrate must be conspicuously
marked as follows:
(1) Spaces storing carbon dioxide—
‘‘CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE
AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN
THIS AREA AND CAN CAUSE
SUFFOCATION.’’
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(2) Spaces protected by carbon
dioxide—‘‘CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN
ALARM OPERATES OR
WINTERGREEN SCENT IS DETECTED,
DO NOT ENTER UNTIL VENTILATED.
LOCK-OUT SYSTEM WHEN
SERVICING.’’
(3) Spaces into which carbon dioxide
might migrate—‘‘CARBON DIOXIDE
GAS CAN CAUSE INJURY OR DEATH.
DISCHARGE INTO NEARBY SPACE
CAN COLLECT HERE. WHEN ALARM
OPERATES OR WINTERGREEN SCENT
IS DETECTED VACATE
IMMEDIATELY.’’
PART 131—OPERATIONS
68. The authority citation for Part 131
continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
3306, 6101, 10104; E.O. 12234, 3 CFR, 1980
Comp., p. 277; E.O. 12777, 3 CFR, 1991
Comp., p. 351; Department of Homeland
Security Delegation No. 0170.1.
69. Revise § 131.815 to read as
follows:
§ 131.815
alarms.
Carbon dioxide and clean agent
Each carbon dioxide or clean agent
fire extinguishing alarm must be
conspicuously marked: ‘‘WHEN ALARM
SOUNDS VACATE AT ONCE. CARBON
DIOXIDE OR CLEAN AGENT BEING
RELEASED.’’
70. Add a new § 131.817 to read as
follows:
§ 131.817 Carbon dioxide olfactory
warning signs.
Each entrance to a space storing
carbon dioxide cylinders, a space
protected by carbon dioxide systems, or
any space into which carbon dioxide
might migrate must be conspicuously
marked as follows:
(a) Spaces storing carbon dioxide—
‘‘CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE
AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN
THIS AREA AND CAN CAUSE
SUFFOCATION.’’
(b) Spaces protected by carbon
dioxide—‘‘CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN
ALARM OPERATES OR
WINTERGREEN SCENT IS DETECTED,
DO NOT ENTER UNTIL VENTILATED.
LOCK-OUT SYSTEM WHEN
SERVICING.’’
(c) Spaces into which carbon dioxide
might migrate—‘‘CARBON DIOXIDE
GAS CAN CAUSE INJURY OR DEATH.
DISCHARGE INTO NEARBY SPACE
CAN COLLECT HERE. WHEN ALARM
OPERATES OR WINTERGREEN SCENT
IS DETECTED VACATE
IMMEDIATELY.’’
71. Revise § 131.825 to read as
follows:
§ 131.825
controls.
Fixed fire extinguishing system
Each control cabinet or space
containing a valve or manifold for a fire
extinguishing system must be distinctly
marked in conspicuous red letters at
least 2 inches high: ‘‘[CARBON
DIOXIDE/HALON/CLEAN AGENT]
FIRE APPARATUS’’, as appropriate.
PART 132—FIRE-PROTECTION
EQUIPMENT
72. The authority citation for Part 132
continues to read as follows:
Authority: 46 U.S.C. 3306, 3307;
Department of Homeland Security Delegation
No. 0170.1.
73. In § 132.350, revise Table 132.350
to read as follows:
§ 132.350 Tests and inspections of fireextinguishing equipment.
*
*
*
*
*
TABLE 132.350—TESTS OF SEMIPORTABLE AND FIXED FIRE-EXTINGUISHING SYSTEMS
Type of system
Test
Carbon dioxide .....................
Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms,
and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system
manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be
tested or renewed, as required by 46 CFR 147.60 and 147.65.
Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge
cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be
tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. Note that Halon 1301 system approvals have expired, but that existing systems may be retained if they are in good and serviceable condition to the satisfaction
of the Coast Guard inspector.
Examine pressure cartridge and replace if end is punctured or if cartridge has leaked or is otherwise unsuitable.
Inspect hose and nozzle to see that they are clear. Insert charged cartridge. Ensure that dry chemical is freeflowing (not caked) and that extinguisher contains full charge.
See that pressure gauge is in operating range. If not, or if seal is broken, weigh or otherwise determine that extinguisher is fully charged with dry chemical. Recharge if pressure is low or if dry chemical is needed.
See that any pressure gauge is in operating range. If it is not, or if seal is broken, weigh or otherwise determine
that extinguisher is fully charged with foam. Recharge if pressure is low or if foam is needed. Replace
premixed agent every 3 years.
Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections on fixed
inert extinguishers must be tested or renewed as required by 46 CFR 147.60 and 147.66.
Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual.
Halon 1301 and halocarbon
Dry chemical (cartridge-operated).
Dry chemical (stored pressure).
Foam (stored pressure) .......
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Inert gas ...............................
Water mist ............................
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*
*
*
*
*
PART 147—HAZARDOUS SHIPS’
STORES
74. The authority citation for Part 147
continues to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation
No. 0170.1.
75. Revise § 147.7 to read as follows:
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§ 147.7
Incorporation by reference.
(a) Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a). To enforce any edition other
than that specified below, the Coast
Guard must publish notice of change in
the Federal Register and make the
material available to the public. All
approved material is on file at the U.S.
Coast Guard, Office of Design and
Engineering Standards (CG–521), 2100
2nd Street, SW., Stop 7126, Washington,
DC 20593–7126 or 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: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. All material is
available from the sources indicated
below.
(b) American Boat and Yacht Council,
Inc. (ABYC), 3069 Solomons Island
Road, Edgewater, MD 21037.
(1) ABYC H–25–81—Portable Fuel
Systems and Portable Containers for
Flammable Liquids, May 12, 1981:
147.45.
(2) [Reserved].
(c) American Society of Heating,
Refrigerating, and Air-Conditioning
Engineers, Inc. (ASHRAE), Publication
Sales Department, 1791 Tullie Circle,
NE, Atlanta, GA 30329.
(1) ANSI/ASHRAE 34–78—Number
Designation of Refrigerants, approved
1978: 147.90.
(2) [Reserved].
(d) National Fire Protection
Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02269–9101.
(1) NFPA 2001, ‘‘Standard on Clean
Agent Fire Extinguishing Systems’’ 2008
Edition: 147.66, 147.67.
(2) [Reserved].
(e) Public Health Service, Department
of Health and Human Services (DHHS),
Superintendent of Documents, U.S.
Government Printing Office,
Washington, DC 20402.
(1) DHHS Publication No. (PHS) 84–
2024—The Ship’s Medicine Chest and
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Medical Aid at Sea, revised 1984:
147.105.
(2) [Reserved].
(f) Underwriters Laboratories, Inc.
(UL), 333 Pfingsten Road, Northbrook,
IL 60062.
(1) UL 30—Standard for Metal Safety
Cans, 7th Ed., March 11, 1985, revised
March 12, 1985 and March 3, 1987:
147.45.
(2) UL 1185—Standard for Portable
Marine Fuel Tanks, Second Edition,
March 13, 1978, revised July 6, 1984:
147.45.
(3) UL 1313—Standard for
Nonmetallic Safety Cans for Petroleum
Products, 1st Ed., March 15, 1982,
revised January 3, 1984 and March 22,
1985: 147.45.
(4) UL 1314—Standard for SpecialPropose Containers, 1st Ed., July 7,
1983, revised February 7, 1984 and
September 23, 1986: 147.45.
76. Revise § 147.45(f)(4), (5), and (6) to
read as follows:
§ 147.45
liquids.
Flammable and combustible
*
*
*
*
*
(f) * * *
(4) A portable outboard fuel tank
meeting the specifications of ABYC
H–25–81 (incorporated by reference, see
46 CFR 147.7) or one identified by
Underwriters Laboratories as meeting
the specifications of UL 1185
(incorporated by reference, see 46 CFR
147.7);
(5) A portable safety container
identified by Underwriters Laboratories
as meeting the specifications of UL 30
or UL 1313 (both incorporated by
reference, see 46 CFR 147.7); or
(6) A portable safety container
identified by Underwriters Laboratories
as meeting the requirements of UL 1314
(incorporated by reference, see 46 CFR
147.7).
*
*
*
*
*
77. Revise § 147.60(a)(4) to read as
follows:
§ 147.60
Compressed gases.
8451
retested every 10 years in accordance
with 49 CFR 180.209(b).
(b) An inert gas cylinder must be
removed from service if it:
(1) Leaks;
(2) Is dented, bulging, severely
corroded, or otherwise weakened;
(3) Has lost more than five percent of
its tare weight; or
(4) Has been involved in a fire.
(c) Flexible connections between
cylinders and discharge piping for fixed
inert gas fire extinguishing systems
must be renewed or retested in
accordance with § 7.3 of NFPA 2001
(incorporated by reference, see 46 CFR
147.7).
79. Add new § 147.67 to read as
follows:
§ 147.67 Halocarbon fire extinguishing
systems.
(a) Each halocarbon cylinder forming
part of a clean agent fixed fire
extinguishing system must be:
(1) Retested at least once every 12
years and before recharging if it has
been discharged and more than five
years have elapsed since the last test; or
(2) As an alternative, a cylinder
conforming to the requirements of 49
CFR 180.209(g) may be given the
complete external visual inspection in
lieu of hydrostatic testing provided for
by that section.
(b) A halocarbon cylinder must be
removed from service if it:
(1) Leaks;
(2) Is dented, bulging, severely
corroded, or otherwise weakened;
(3) Has lost more than five percent of
its tare weight; or
(4) Has been involved in a fire.
(c) Flexible connections between
cylinders and discharge piping for
halocarbon fire extinguishing systems
must be renewed or retested in
accordance with section 7.3 of NFPA
2001 (incorporated by reference, see 46
CFR 147.7).
PART 162—ENGINEERING
EQUIPMENT
(a) * * *
(4) Except as provided in 46 CFR
147.65, 147.66, and 147.67, maintained
and retested in accordance with 49 CFR
180.
*
*
*
*
*
78. Add a new § 147.66 to read as
follows:
80. The authority citation for Part 162
continues to read as follows:
§ 147.66 Inert gas fire extinguishing
systems.
81. Add a new subpart 162.161 to
read as follows:
(a) Inert gas cylinders forming part of
a clean agent fixed fire extinguishing
system must be retested every five years,
except that cylinders with a water
capacity of 125 pounds or less may be
Subpart 162.161—Fixed Clean Agent Fire
Extinguishing Systems
Sec.
162.161–1 Scope.
162.161–2 Incorporation by reference.
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Authority: 33 U.S.C. 1321(j), 1903; 46
U.S.C. 3306, 3703, 4104, 4302; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
11735, 38 FR 21243, 3 CFR, 1971–1975
Comp., p. 793; Department of Homeland
Security Delegation No. 0170.1.
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162.161–3 Materials.
162.161–4 Construction.
162.161–5 Instruction manual for design,
installation, operation, and maintenance.
162.161–6 Tests for approval.
162.161–7 Inspections at production.
162.161–8 Marking.
162.161–9 Procedure for approval.
Subpart 162.161—Fixed Clean Agent
Fire Extinguishing Systems
§ 162.161–1
Scope.
(a) This subpart applies to each
engineered fixed fire extinguishing
system using a halocarbon or an inert
gas as agent. It does not apply to preengineered systems.
(b) Each system must be designed for
protection against fires in both Class B
flammable liquids and Class C energized
electrical equipment, as those hazard
classes are defined in NFPA 2001
(incorporated by reference, see 46 CFR
162.161–2).
(c) Each system must meet the
requirements of this subpart, be listed or
approved by an independent laboratory
approved by the Coast Guard and listed
at https://cgmix.uscg.mil/, bear the mark
of the laboratory, and be approved by
the Coast Guard under 46 CFR 159.005–
13.
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§ 162.161–2
Incorporation by reference.
(a) Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a). To enforce any edition other
than that specified below, the Coast
Guard must publish notice of change in
the Federal Register and make the
material available to the public. All
approved material is on file at the U.S.
Coast Guard, Office of Design and
Engineering Standards (CG–521), 2100
2nd Street, SW., Stop 7126, Washington,
DC 20593–7126 or 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: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. All material is
available from the sources indicated
below.
(b) National Fire Protection
Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02269–9101.
(1) NFPA 2001, ‘‘Standard on Clean
Agent Fire Extinguishing Systems’’ 2008
Edition: 162.161–1, 162.161–3.
(2) [Reserved]
(c) Underwriters Laboratories, Inc.
(UL), 333 Pfingsten Road, Northbrook,
IL 60062.
(1) UL 2127, ‘‘Standard for Inert Gas
Clean Agent Extinguishing System
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Units’’ 1999 Edition: 162.161–5,
162.161–6, 162.161–7.
(2) UL 2166, ‘‘Standard for Halocarbon
Clean Agent Extinguishing System
Units’’ 1999 Edition: 162.161–5,
162.161–6, 162.161–7.
(d) International Maritime
Organization (IMO), Publications
Section, 4 Albert Embankment, London
SE1 7SR, United Kingdom:
(1) MSC/Circ. 848, ‘‘Revised
Guidelines for The Approval of
Equivalent Fixed Gas Fire-Extinguishing
Systems, as Referred to in Chapter II–2
of SOLAS 74, for Machinery Spaces and
Cargo Pump-Rooms’’ 1998 Edition:
162.161–6.
(2) MSC.1/Circ. 1267, ‘‘Amendments
to Revised Guidelines for The Approval
of Equivalent Fixed Gas FireExtinguishing Systems, as Referred to in
SOLAS 74, for Machinery Spaces and
Cargo Pump-Rooms (MSC/Circ. 848)’’
2008 Edition: 162.161–6.
§ 162.161–3
Materials.
(a) All system components must meet
the requirements of NFPA 2001
(incorporated by reference, see 46 CFR
162.161–2) and be made of metal,
except for bushings, o-rings, and
gaskets. Aluminum or aluminum alloys
may not be used.
(b) Metal components must:
(1) Have a solidus melting point of at
least 1700° Fahrenheit;
(2) Be corrosion resistant; and
(3) Be galvanically compatible with
each adjoining metal component, or if
galvanically incompatible, be separated
by a bushing, o-ring, gasket, or similar
device. (c) Each extinguishing agent
must be:
(1) Listed as an acceptable total
flooding agent for occupied areas on the
Environmental Protection Agency’s
Significant New Alternative Products
(SNAP) list, 40 CFR part 82, subpart G,
Appendix A; and
(2) Identified as an extinguishing
agent in NFPA 2001 (incorporated by
reference, see 46 CFR 162.161–2).
(d) The design concentration of
extinguishing agent required for each
system must be determined by the cup
burner method, described in NFPA
2001, for the specific fuel requiring the
highest extinguishing concentration.
(e) The quantity of agent required for
each protected space must be calculated
using a safety factor of 1.3 times the
design concentration. The quantity must
be calculated at the minimum expected
ambient temperature using the design
concentration based on either:
(1) Gross volume, including the
casing, bilge, and free air contained in
air receivers; or
(2) Net volume, calculated as shown
in NFPA 2001 (incorporated by
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reference, see 46 CFR 162.161–2),
including the casing, bilge, and free air
contained in air receivers, if one of the
following is satisfactorily performed:
(i) Full discharge test; or
(ii) Enclosure integrity procedure in
accordance with Annex C of NFPA
2001; for discharge or enclosure
integrity tests, the minimum
concentration hold time must be 15
minutes, and the extinguishing agent
concentration at the end of the hold
time must be at least 85% of the design
concentration.
(f) If fuel can drain from the
compartment being protected to an
adjacent compartment or if the
compartments are not entirely separate,
the quantity must be sufficient for both
compartments.
§ 162.161–4
Construction.
(a) Each pressure vessel must comply
with 46 CFR 147.60(a) and (b).
(b) Each system must be capable of
operation without an external power
source.
(c) Manual actuation for the system
must be by mechanical or pneumatic
means.
(d) Automatically actuated systems
must be released by pneumatic or
fusible element detection systems.
(e) Each system installed with the
extinguishing agent cylinders stored
inside a protected space of 6,000 cubic
feet or less must use automatic actuation
as the primary means of actuation and
have a remote backup manual
mechanical actuator.
(f) Each container charged with
nitrogen must have a pressure gauge.
§ 162.161–5 Instruction manual for design,
installation, operation, and maintenance.
(a) The manufacturer must prepare a
system instruction manual for design,
installation, operation, and maintenance
of the system. The manual must be
reviewed and accepted by an
independent laboratory listed in 46 CFR
162.161–10 and be approved by the
Coast Guard under 46 CFR 159.005–13.
(b) The manual must include:
(1) The design information as required
in the Design Manual as detailed in UL
2166 (incorporated by reference, see 46
CFR 162.161–2) for halocarbon systems
and UL 2127 (incorporated by reference,
see 46 CFR 162.161–2) for inert gas
systems;
(2) Installation, operation, and
maintenance instructions as required in
the Installation, Operation, and
Maintenance Instruction Manual
detailed in UL 2166 for halocarbon
systems and UL 2127 for inert gas
systems;
(3) Identification of the computer
program listed or approved by the
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independent laboratory for designing
the system;
(4) A sample diagram and calculation
for a marine system for a large inspected
vessel with several spaces to be
protected by the same system;
(5) The approval number issued by
the Coast Guard for the system under 46
CFR 159.005–13;
(6) A parts list with manufacturer’s
parts numbers and description of each
system component;
(7) An index of chapters; and
(8) Issue and revision dates for each
page.
(c) The manufacturer of each system
must provide at least one copy of the
system manual with each system.
cprice-sewell on DSK2BSOYB1PROD with PROPOSALS2
§ 162.161–6
Tests for approval.
Prior to approval by an independent
laboratory each system must:
(a) Satisfy the test method of MSC/
Circ. 848 as amended by MSC.1/Circ.
1267 (both incorporated by reference,
see § 162.161–2), except that:
(1) The Fire Type A (Tell tale) test
must be conducted when the charged
system cylinders have been conditioned
for 24 hours at 32° Fahrenheit or at the
expected service temperature, if lower
than 32° F.
(2) [Reserved]
(b) Satisfy the following test
requirements as indicated in UL 2166
(incorporated by reference, see 46 CFR
162.161–2) for halocarbon systems or
UL 2127 for inert gas systems
(incorporated by reference, see 46 CFR
162.161–2):
(1) Nozzle distribution;
(2) Flow calculation method
verification to determine that the
manufacturer’s calculation method
accurately predicts the discharge time,
nozzle pressure, and distribution of the
extinguishing agent;
(3) Salt spray corrosion resistance for
marine-type systems;
(4) Vibration resistance of installed
components for marine-type systems;
and
(5) Any additional tests contained in
UL 2166 for halocarbon systems or UL
2127 for inert gas systems, as required
for listing by the independent
laboratory.
(c) Equivalent length of installed
components must be identified and
included in the test report in accordance
with UL 2166 for halocarbon systems or
UL 2127 for inert gas systems.
§ 162.161–7
Inspections at production.
(a) The system must be inspected in
accordance with this section and 46
CFR 159.007–1 through 159.007–13, and
tested using any additional tests that the
Commandant (CG–5214) may deem
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necessary to maintain control of quality
and to ensure compliance with this
subpart.
(b) The manufacturer must:
(1) Institute procedures to maintain
control over the materials used, over the
manufacturing of the systems, and over
finished systems;
(2) Admit the independent laboratory
inspector and any representative of the
Coast Guard to any place where work is
being done on systems and any place
where parts or complete systems are
stored;
(3) Allow the independent laboratory
inspector and any representative of the
Coast Guard to take samples of systems
for tests prescribed by this subpart; and
(4) Conduct a leakage test on each
system cylinder-valve assembly in
accordance with subsections 57.1
through 57.4.2 of UL 2166 (incorporated
by reference, see 46 CFR 162.161–2) for
halocarbon systems or subsection 55.4
of UL 2127 (incorporated by reference,
see 46 CFR 162.161–2) for inert gas
systems.
§ 162.161–8
Marking.
The following information must be
displayed on a permanent metal or
pressure-sensitive nameplate attached to
each agent storage cylinder/valve
assembly:
(a) Manufacturer’s name, address, and
telephone number;
(b) Coast Guard approval number
assigned to the system under 46 CFR
159.005–13;
(c) Identifying mark of the laboratory;
(d) Reference to the laboratory’s
listing standard;
(e) Type extinguishing agent;
(f) Operating pressure at 70°
Fahrenheit;
(g) Storage temperature range;
(h) Factory test pressure of the
cylinder;
(i) Reference to the manufacturer’s
marine design, installation, operation,
and maintenance manual;
(j) Weight of agent charge and gross
weight of cylinder/valve assembly;
(k) Minimum maintenance
instructions; and
(l) Any other information required by
the laboratory or another government
agency.
§ 162.161–9
Procedure for approval.
(a) Preapproval review is required as
detailed in 46 CFR 159.005–5 and
159.005–7.
(b) Applications for approval must be
submitted in accordance with 46 CFR
159.005–9 through 159.005–12 to the
Commandant (CG–5214). In addition to
the listed requirements:
(1) Evidence must be shown that an
acceptable follow-up factory inspection
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8453
program is in place in each factory
location. This could be demonstrated by
providing an original copy of the
contract for a follow-up program
between the manufacturer and the
independent laboratory. The follow-up
program must include provisions that
prohibit changes to the approved
equipment without review and approval
by the independent laboratory.
(2) Two design, installation, operation
and maintenance manuals must be
submitted.
PART 167—PUBLIC NAUTICAL
SCHOOL SHIPS
82. The authority citation for Part 167
continues to read as follows:
Authority: 46 U.S.C. 3306, 3307, 6101,
8105; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland
Security Delegation No. 0170.1.
83. Amend § 167.45–1(a)(3), (a)(7),
(a)(8), and (a)(9) to read as follows:
§ 167.45–1 Steam, carbon dioxide, Halon
1301, and clean agent fire extinguishing
systems.
(a) * * *
(3) Cabinets, boxes, or casings
enclosing manifolds or valves must be
marked in conspicuous red letters at
least 2 inches high: ‘‘[STEAM/CARBON
DIOXIDE/HALON/CLEAN AGENT—as
appropriate] FIRE APPARATUS.’’
*
*
*
*
*
(7) At annual inspections, each carbon
dioxide cylinder, whether fixed or
portable, each Halon 1301 cylinder, and
each clean agent cylinder must be
examined externally and replaced if
excessive corrosion is found; and:
(i) Each carbon dioxide cylinder must
be weighed and recharged if its weight
loss exceeds 10% of the charge;
(ii) Each Halon 1301 and halocarbon
cylinder must be weighed and checked,
and recharged or replaced if weight loss
exceeds 5% of required weight of charge
or if cylinder pressure loss exceeds 10%
of specified gauge pressure adjusted for
temperature; and
(iii) Each inert gas cylinder must be
checked and recharged or replaced if
cylinder pressure loss exceeds 5% of
specified gauge pressure adjusted for
temperature.
(8) Carbon dioxide, Halon 1301, and
clean agent cylinders carried on board
nautical school ships must be tested and
marked in accordance with the
requirements of 46 CFR 147.60, 147.65,
147.66, and 147.67.
(9) On all systems test time delays,
alarms, and ventilation shutdowns with
carbon dioxide, nitrogen, or other
nonflammable gas as stated in the
system manufacturer’s instruction
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manual. Inspect hoses for damage or
decay. Ensure that nozzles are
unobstructed.
*
*
*
*
*
84. In § 167.45–45, add new
paragraphs (d) and (e) to read as follows:
§ 167.45–45 Carbon dioxide fire
extinguishing system requirements.
*
*
*
*
*
(d) Lockout valve. (1) A lockout valve
must be provided on any carbon dioxide
extinguishing system protecting a space
over 6,000 cubic feet in volume or a
space 6,000 cubic feet or less in volume
that does not have a horizontal escape.
(2) The lockout valve must be a
manually operated valve located in the
discharge manifold prior to the stop
valve or selector valves. When in the
closed position, the lockout valve must
provide complete isolation of the system
from the protected space or spaces,
making it impossible for carbon dioxide
to discharge in the event of equipment
failure during maintenance.
(3) The lockout valve design or
locking mechanism must make it
obvious whether the valve is open or
closed.
(4) A valve is considered a lockout
valve if it has a hasp or other means of
attachment to which, or through which,
a lock can be affixed, or it has a locking
mechanism built into it.
(5) The lockout valve must be locked
in the closed position whenever
maintenance is performed on the
extinguishing system. The master must
ensure that the lockout valve is locked
in the open position when maintenance
is complete and the system is returned
to operable condition.
(6) Lockout valves added to existing
systems must be approved by the
Commandant for use in the system.
(7) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the lockout valve
requirements of this section not later
than [DATE 5 YEARS AFTER
EFFECTIVE DATE OF RULE].
(e)(1) Each carbon dioxide
extinguishing system must have an
approved odorizing unit to produce the
scent of wintergreen, the detection of
which will serve as an indication that
carbon dioxide gas is present in a
protected area and any other area into
which the carbon dioxide may migrate.
(2) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the requirements of this
section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
85. Revise § 167.55–5(c) to read as
follows:
§ 167.55–5 Marking of fire and emergency
equipment.
*
*
*
*
*
(c)(1) Steam, foam, carbon dioxide,
Halon, or clean agent fire smothering
apparatus. Steam, foam, carbon dioxide,
Halon, or clean agent fire smothering
apparatus must be marked ‘‘[STEAM/
FOAM/CARBON DIOXIDE/HALON/
CLEAN AGENT—as appropriate] FIRE
APPARATUS,’’ in red letters at least 2
inches high, and the valves of all branch
piping leading to the several
compartments must be distinctly
marked to indicate the compartments or
parts of the nautical school ship to
which they lead.
(2) Each entrance to a space storing
carbon dioxide cylinders, a space
protected by carbon dioxide systems, or
any space into which carbon dioxide
might migrate must be conspicuously
marked as follows:
(i) Spaces storing carbon dioxide—
‘‘CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE
AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN
THIS AREA AND CAN CAUSE
SUFFOCATION.’’
(ii) Spaces protected by carbon
dioxide—‘‘CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN
ALARM OPERATES OR
WINTERGREEN SCENT IS DETECTED,
DO NOT ENTER UNTIL VENTILATED.
LOCK-OUT SYSTEM WHEN
SERVICING.’’
(iii) Spaces into which carbon dioxide
might migrate—‘‘CARBON DIOXIDE
GAS CAN CAUSE INJURY OR DEATH.
DISCHARGE INTO NEARBY SPACE
CAN COLLECT HERE. WHEN ALARM
OPERATES OR WINTERGREEN SCENT
IS DETECTED VACATE
IMMEDIATELY.’’
*
*
*
*
*
PART 169—SAILING SCHOOL
VESSELS
86. The authority citation for Part 169
continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
3306, 6101; Pub. L. 103–206, 107 Stat. 2439;
E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975
Comp., p. 793; Department of Homeland
Security Delegation No. 0170.1; § 169.117
also issued under the authority of 44 U.S.C.
3507.
87. In § 169.247, revise Table
169.247(a)(2) and add and reserve
paragraph (b) to read as follows:
§ 169.247
Firefighting equipment.
*
*
*
*
*
TABLE 169.247(a)(2)—FIXED SYSTEMS
Type system
Test
Carbon dioxide .....................
Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms,
and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system
manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be
tested or renewed, as required by 46 CFR 147.60 and 147.65.
Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge
cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be
tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. Note that Halon 1301 system approvals have expired, but that existing systems may be retained if they are in good and serviceable condition to the satisfaction
of the Coast Guard inspector.
Recharge or replace recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for
damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible
connections on fixed inert extinguishers must be tested or renewed as required by 46 CFR 147.60 and 147.66.
Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual.
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Halon 1301 or halocarbon ...
Inert gas ...............................
Water mist ............................
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(b) [Reserved].
88. Revise § 169.564 to read as
follows:
§ 169.564
general.
Fixed extinguishing system,
(a) A fixed carbon dioxide, Halon
1301, or clean agent extinguishing
system must be installed to protect the
following spaces:
(1) Any vessel machinery or fuel tank
space, except where the space is so open
to the atmosphere as to make the use of
a fixed system ineffective;
(2) Any paint or oil room or similar
hazardous space; and
(3) Any galley stove area on a vessel
greater than 90 feet in length and
certificated for exposed or partially
protected water service.
(b) Each fixed extinguishing system
must be of an approved carbon dioxide,
Halon 1301, halogenated, or clean agent
type and installed to the satisfaction of
the Officer in Charge, Marine
Inspection.
89. Add a new § 169.570 to read as
follows:
§ 169.570
Lockout valves.
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(a) A lockout valve must be provided
on any carbon dioxide extinguishing
system protecting a space over 6,000
cubic feet in volume or a space 6,000
cubic feet or less in volume that does
not have a horizontal escape.
(b) The lockout valve must be a
manually operated valve located in the
discharge manifold prior to the stop
valve or selector valves. When in the
closed position, the lockout valve must
provide complete isolation of the system
from the protected space or spaces,
making it impossible for carbon dioxide
to discharge in the event of equipment
failure during maintenance.
(c) The lockout valve design or
locking mechanism must make it
obvious whether the valve is open or
closed.
(d) A valve is considered a lockout
valve if it has a hasp or other means of
attachment to which, or through which,
a lock can be affixed, or it has a locking
mechanism built into it.
(e) The lockout valve must be locked
in the closed position whenever
maintenance is performed on the
extinguishing system. The master must
ensure that the lockout valve is locked
in the open position when maintenance
is complete and the system is returned
to operable condition.
(f) Lockout valves added to existing
systems must be approved by the
Commandant for use in the system.
(g) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the lockout valve
requirements of this section not later
than [DATE 5 YEARS AFTER
EFFECTIVE DATE OF RULE].
90. Add a new § 169.571 to read as
follows:
§ 169.571
Olfactory additives.
(a) Each carbon dioxide extinguishing
system must have an approved
odorizing unit to produce the scent of
wintergreen, the detection of which will
serve as an indication that carbon
dioxide gas is present in a protected
area and any other area into which the
carbon dioxide may migrate.
(b) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the requirements of this
section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
91. Revise § 169.732 to read as
follows:
§ 169.732
alarms.
Carbon dioxide and clean agent
(a) Each carbon dioxide or clean agent
fire extinguishing alarm must be
conspicuously marked: ‘‘WHEN ALARM
SOUNDS VACATE AT ONCE. CARBON
DIOXIDE OR CLEAN AGENT BEING
RELEASED.’’
(b) Each entrance to a space storing
carbon dioxide cylinders, a space
protected by carbon dioxide systems, or
any space into which carbon dioxide
might migrate must be conspicuously
marked as follows:
(1) Spaces storing carbon dioxide—
‘‘CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE
AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN
THIS AREA AND CAN CAUSE
SUFFOCATION.’’
(2) Spaces protected by carbon
dioxide—‘‘CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN
ALARM OPERATES OR
WINTERGREEN SCENT IS DETECTED,
8455
DO NOT ENTER UNTIL VENTILATED.
LOCK-OUT SYSTEM WHEN
SERVICING.’’
(3) Spaces into which carbon dioxide
might migrate—‘‘CARBON DIOXIDE
GAS CAN CAUSE INJURY OR DEATH.
DISCHARGE INTO NEARBY SPACE
CAN COLLECT HERE. WHEN ALARM
OPERATES OR WINTERGREEN SCENT
IS DETECTED VACATE
IMMEDIATELY.’’
92. Revise § 169.734 to read as
follows:
§ 169.734
controls.
Fire extinguishing system
Each control cabinet or space
containing valves or manifolds for the
various fire extinguishing systems must
be distinctly marked in conspicuous red
letters at least 2 inches high: ‘‘CARBON
DIOXIDE FIRE EXTINGUISHING
SYSTEM,’’ ‘‘HALON EXTINGUISHING
SYSTEM,’’ or ‘‘CLEAN AGENT
EXTINGUISHING SYSTEM,’’ as
appropriate.
PART 176—INSPECTION AND
CERTIFICATION
93. The authority citation for Part 176
continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2103, 3205, 3306, 3307; 49 U.S.C. App. 1804;
E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975
Comp., p. 743; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; Department of
Homeland Security Delegation No. 0170.1
94. Revise § 176.810(b)(2) to read as
follows:
§ 176.810
Fire protection.
*
*
*
*
*
(b) * * *
(2) For semiportable and fixed gas fire
extinguishing systems, the inspections
and tests required by Table
176.810(b)(2), in addition to the tests
required by 46 CFR 147.60, 147.65,
147.66, and 147.67. The owner or
managing operator must provide
satisfactory evidence of the required
servicing to the marine inspector. If any
equipment or record has not been
properly maintained, a qualified
servicing facility may be required to
perform the required inspections,
maintenance procedures, and
hydrostatic pressure tests.
TABLE 176.810(b)(2)—SEMIPORTABLE AND FIXED FIRE EXTINGUISHING SYSTEMS
Type system
Test
Carbon dioxide .....................
Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms,
and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system
manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be
tested or renewed, as required by 46 CFR 147.60 and 147.65.
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TABLE 176.810(b)(2)—SEMIPORTABLE AND FIXED FIRE EXTINGUISHING SYSTEMS—Continued
Type system
Test
Halon 1301 and halocarbon
Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge
cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be
tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. Note that Halon 1301 system approvals have expired, but that existing systems may be retained if they are in good and serviceable condition to the satisfaction
of the Coast Guard inspector.
Examine pressure cartridge and replace if end is punctured or if determined to have leaked or to be in unsuitable
condition. Inspect hose and nozzle to see if they are clear. Insert charged cartridge. Ensure dry chemical is
free flowing (not caked) and extinguisher contains full charge.
See that pressure gauge is in operating range. If not, or if the seal is broken, weigh or otherwise determine that
extinguisher is fully charged with dry chemical. Recharge if pressure is low or if dry chemical is needed.
See that any pressure gauge is in the operating range. If not, or if the seal is broken, weigh or otherwise determine that extinguisher is fully charged with foam. Recharge if pressure is low or if foam is needed. Replace
premixed agent every 3 years.
Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections on fixed
inert extinguishers must be tested or renewed as required by 46 CFR 147.60 and 147.66.
Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual.
Dry chemical (cartridge operated).
Dry chemical (stored pressure).
Foam (stored pressure) .......
Inert gas ...............................
Water mist ............................
*
*
*
*
*
PART 181—FIRE PROTECTION
EQUIPMENT
95. The authority citation for Part 181
continues to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
96. Amend § 181.410, to revise
paragraph (c)(7) and add paragraphs
(f)(7) to (15) to read as follows:
§ 181.410
systems.
Fixed gas fire extinguishing
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*
*
*
*
*
(c) * * *
(7) A Halon 1301 storage cylinder
must be stowed in an upright position
unless otherwise listed by the
independent laboratory. A carbon
dioxide cylinder may not be inclined
more than 30° from the vertical unless
fitted with flexible or bent siphon tubes,
in which case it may be inclined not
more than 80° from the vertical.
Cylinders for clean agent systems must
be installed in an upright position
unless otherwise specified in the
system’s instruction manual.
*
*
*
*
*
(f) * * *
(7) A lockout valve must be provided
on any carbon dioxide extinguishing
system protecting a space over 6,000
cubic feet in volume or a space 6,000
cubic feet or less in volume that does
not have a horizontal escape.
(8) The lockout valve must be a
manually operated valve located in the
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discharge manifold prior to the stop
valve or selector valves. When in the
closed position, the lockout valve must
provide complete isolation of the system
from the protected space or spaces,
making it impossible for carbon dioxide
to discharge in the event of equipment
failure during maintenance.
(9) The lockout valve design or
locking mechanism must make it
obvious whether the valve is open or
closed.
(10) A valve is considered a lockout
valve if it has a hasp or other means of
attachment to which, or through which,
a lock can be affixed, or it has a locking
mechanism built into it.
(11) The lockout valve must be locked
in the closed position whenever
maintenance is performed on the
extinguishing system. The master must
ensure that the lockout valve is locked
in the open position when maintenance
is complete and the system is returned
to operable condition.
(12) Lockout valves added to existing
systems must be approved by the
Commandant for use in the system.
(13) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the lockout valve
requirements of this section not later
than [DATE 5 YEARS AFTER
EFFECTIVE DATE OF RULE].
(14) Each carbon dioxide
extinguishing system must have an
approved odorizing unit to produce the
scent of wintergreen, the detection of
which will serve as an indication that
carbon dioxide gas is present in a
protected area and any other area into
which the carbon dioxide may migrate.
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(15) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the requirements of this
section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
*
*
*
*
*
PART 182—MACHINERY
INSTALLATION
97. The authority citation for Part 182
continues to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation
No. 0170.1.
98. Revise § 182.710(a)(3) to read as
follows:
§ 182.710
Piping for vital systems.
(a) * * *
(3) Carbon dioxide, Halon 1301, and
clean agent systems;
*
*
*
*
*
PART 185—OPERATIONS
99. The authority citation for Part 185
continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 6101; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
100. Amend § 185.612, to revise
paragraph (f) and to add a paragraph (g)
to read as follows:
§ 185.612
Fire protection equipment.
*
*
*
*
*
(f) The control cabinets or spaces
containing valves, manifolds or controls
for the various fire extinguishing
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systems must be marked in conspicuous
red letters at least 2 inches high:
‘‘[STEAM/CARBON DIOXIDE/CLEAN
AGENT/FOAM/WATER SPRAY—as
appropriate] FIRE APPARATUS.’’
(g) Each entrance to a space storing
carbon dioxide cylinders, a space
protected by carbon dioxide systems, or
any space into which carbon dioxide
might migrate must be conspicuously
marked as follows:
(1) Spaces storing carbon dioxide—
‘‘CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE
AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN
THIS AREA AND CAN CAUSE
SUFFOCATION.’’
(2) Spaces protected by carbon
dioxide—‘‘CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN
ALARM OPERATES OR
WINTERGREEN SCENT IS DETECTED,
DO NOT ENTER UNTIL VENTILATED.
LOCK-OUT SYSTEM WHEN
SERVICING.’’
(3) Spaces into which carbon dioxide
might migrate—‘‘CARBON DIOXIDE
GAS CAN CAUSE INJURY OR DEATH.
DISCHARGE INTO NEARBY SPACE
CAN COLLECT HERE. WHEN ALARM
OPERATES OR WINTERGREEN SCENT
IS DETECTED VACATE
IMMEDIATELY.’’
8457
PART 189—INSPECTION AND
CERTIFICATION
101. The authority citation for Part
189 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2113, 3306, 3307; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; E.O. 12777, 56
FR 54757, 3 CFR, 1991 Comp., p. 351;
Department of Homeland Security Delegation
No. 0170.1.
102. In § 189.25–20, revise the section
heading and Table 189.25–20(a)(2) to
read as follows:
§ 189.25–20
*
*
Fire extinguishing equipment.
*
*
*
TABLE 189.25–20(a)(2)
Type system
Test
Foam ....................................
Systems utilizing a soda solution must have such solution replaced. In all cases, ascertain that powder is not
caked.
Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms,
and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system
manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be
tested or renewed, as required by 46 CFR 147.60 and 147.65.
Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge
cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be
tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. Note that Halon 1301 system approvals have expired, but that existing systems may be retained if they are in good and serviceable condition to the satisfaction
of the Coast Guard inspector.
Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections on fixed
inert extinguishers must be tested or renewed as required by 46 CFR 147.60 and 147.66.
Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual.
Carbon dioxide .....................
Halon 1301 or halocarbon ...
Inert gas ...............................
Water mist ............................
*
*
*
*
*
103. Revise § 189.55–5(d)(4) to read as
follows:
§ 189.55–5 Plans and specifications
required for new construction.
§ 190.15–5 Vessels using fuel having a
flashpoint of 110 ≥F or lower.
*
*
*
*
*
*
(d) * * *
(4) Details of extinguishing systems,
including fire mains, carbon dioxide,
clean agent, foam, and sprinkling
systems.
*
*
*
*
*
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105. Revise § 190.15–5(i) to read as
follows:
*
*
*
*
(i) Provisions must be made for
closing all cowls or scoops when the
fixed carbon dioxide or clean agent
system is operated.
PART 193—FIRE PROTECTION
EQUIPMENT
106. The authority citation for Part
193 continues to read as follows:
PART 190—CONSTRUCTION AND
ARRANGEMENT
104. The authority citation for Part
190 continues to read as follows:
Authority: 46 U.S.C. 2113, 3306; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
Authority: 46 U.S.C. 2213, 3102, 3306; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
107. Revise § 193.05–10 to read as
follows:
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§ 193.05–10
systems.
Fixed fire extinguishing
(a) Approved fire extinguishing
systems must be installed in all lamp
and paint lockers, oil rooms, and similar
spaces.
(b) A fixed carbon dioxide or clean
agent fire extinguishing system
complying with 46 CFR subparts 95.15
and 95.16 must be installed for:
(1) Internal combustion engine
installations;
(2) Gas turbine installations;
(3) Enclosed spaces containing
gasoline engines;
(4) Chemical storerooms;
(5) Any space containing auxiliaries
with an aggregate power of 1,000 brake
horsepower (b.h.p.) or greater, or their
fuel oil units, including purifiers,
valves, and manifolds, on vessels of
1,000 gross tons and over; and
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(6) Enclosed ventilating systems
installed for electric propulsion motors
or generators.
(c) On vessels of 1,000 gross tons and
over, a fixed carbon dioxide or clean
agent fire extinguishing system
complying with 46 CFR subparts 95.15
and 95.16 or a foam system complying
with 46 CFR subpart 95.17 must be
installed for any space containing main
or auxiliary oil fired boilers or their
associated fuel oil units, valves, or
manifolds in the line between the
settling tanks and the boilers.
(d) Systems for spaces containing
explosives and other dangerous articles
or substances must also comply with 46
CFR Part 194.
108. In § 193.10–5, revise the section
heading and paragraph (h) to read as
follows:
§ 193.10–5
Fire main system, details.
*
*
*
*
*
(h) On vessels with main or auxiliary
oil fired boilers or vessels with internal
combustion propulsion machinery,
when two fire pumps are required, the
boilers or machinery must be located in
separate spaces, and the arrangement,
pumps, sea connections, and sources of
power must be such as to ensure that a
fire in any one space will not put all of
the fire pumps out of operation.
However, when it is shown to the
satisfaction of the Commandant that it is
unreasonable or impracticable to meet
this requirement due to the size or
arrangement of the vessel, or for other
reasons, the installation of a total
flooding system using carbon dioxide or
a clean agent complying with 46 CFR
subpart 95.16 may be accepted as an
alternate method of extinguishing any
fire that could affect the powering and
operation for the required fire pumps.
*
*
*
*
*
109. Revise the heading to subpart
193.15 to read as follows:
Subpart 193.15—Carbon Dioxide and
Clean Agent Extinguishing Systems,
Details
110. Add a new § 193.15–16 to read
as follows:
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§ 193.15–16
Lockout valves.
(a) A lockout valve must be provided
on any carbon dioxide extinguishing
system protecting a space over 6,000
cubic feet in volume or a space 6,000
cubic feet or less in volume that does
not have a horizontal escape.
(b) The lockout valve must be a
manually operated valve located in the
discharge manifold prior to the stop
valve or selector valves. When in the
closed position, the lockout valve must
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provide complete isolation of the system
from the protected space or spaces,
making it impossible for carbon dioxide
to discharge in the event of equipment
failure during maintenance.
(c) The lockout valve design or
locking mechanism must make it
obvious whether the valve is open or
closed.
(d) A valve is considered a lockout
valve if it has a hasp or other means of
attachment to which, or through which,
a lock can be affixed, or it has a locking
mechanism built into it.
(e) The lockout valve must be locked
in the closed position whenever
maintenance is performed on the
extinguishing system. The master must
ensure that the lockout valve is locked
in the open position when maintenance
is complete and the system is returned
to operable condition.
(f) Lockout valves added to existing
systems must be approved by the
Commandant for use in the system.
(g) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the lockout valve
requirements of this section not later
than [DATE 5 YEARS AFTER
EFFECTIVE DATE OF RULE].
111. Add a new § 193.15–17 to read
as follows:
§ 193.15–17
Olfactory additives.
(a) Each carbon dioxide extinguishing
system must have an approved
odorizing unit to produce the scent of
wintergreen, the detection of which will
serve as an indication that carbon
dioxide gas is present in a protected
area and any other area into which the
carbon dioxide may migrate.
(b) Vessels in operation on
[EFFECTIVE DATE OF RULE] must
comply with the requirements of this
section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
112. Add a new § 193.15–50 to read
as follows:
§ 193.15–50
Clean agent systems.
A clean agent system complying with
46 CFR subpart 95.16 may be used as an
alternative to a carbon dioxide fire
extinguishing system.
PART 194—HANDLING, USE, AND
CONTROL OF EXPLOSIVES AND
OTHER HAZARDOUS MATERIALS
113. The authority citation for Part
194 continues to read as follows:
Authority: 46 U.S.C. 2103, 2113, 3306; 49
U.S.C. App. 1804; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of
Homeland Security Delegation No. 0170.1.
114. Revise § 194.20–7(a) to read as
follows:
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§ 194.20–7
Fire protection.
(a) Each chemical storeroom must be
protected by a fixed automatic
extinguishing system using carbon
dioxide or a clean agent complying with
46 CFR subpart 95.16, installed in
accordance with 46 CFR subpart 193.15.
*
*
*
*
*
PART 196—OPERATIONS
115. The authority citation for Part
196 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2213, 3306, 5115, 6101; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security
Delegation No. 0170.1.
116. Add a new § 196.37–8 to read as
follows:
§ 196.37–8
Carbon dioxide warnings.
Each entrance to a space storing
carbon dioxide cylinders, a space
protected by carbon dioxide systems, or
any space into which carbon dioxide
might migrate must be conspicuously
marked as follows:
(a) Spaces storing carbon dioxide—
‘‘CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE
AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN
THIS AREA AND CAN CAUSE
SUFFOCATION.’’
(b) Spaces protected by carbon
dioxide—‘‘CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN
ALARM OPERATES OR
WINTERGREEN SCENT IS DETECTED,
DO NOT ENTER UNTIL VENTILATED.
LOCK-OUT SYSTEM WHEN
SERVICING.’’
(c) Spaces into which carbon dioxide
might migrate—‘‘CARBON DIOXIDE
GAS CAN CAUSE INJURY OR DEATH.
DISCHARGE INTO NEARBY SPACE
CAN COLLECT HERE. WHEN ALARM
OPERATES OR WINTERGREEN SCENT
IS DETECTED VACATE
IMMEDIATELY.’’
117. Revise § 196.37–9 to read as
follows:
§ 196.37–9
alarms.
Carbon dioxide and clean agent
Each extinguishing system using
carbon dioxide or clean agent
complying with 46 CFR subpart 95.16
must be conspicuously marked in an
adjacent location: ‘‘WHEN ALARM
SOUNDS VACATE AT ONCE. CARBON
DIOXIDE OR CLEAN AGENT BEING
RELEASED.’’
118. Revise § 196.37–13 to read as
follows:
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§ 196.37–13
controls.
Fire extinguishing system
The control cabinets or spaces
containing valves, manifolds or controls
for the various fire extinguishing
systems must be marked in conspicuous
red letters at least 2 inches high:
‘‘[CARBON DIOXIDE/CLEAN AGENT/
FOAM—as appropriate] FIRE
APPARATUS.’’
Dated: February 12, 2010.
J.G. Lantz,
Director of Commercial Regulations and
Standards.
[FR Doc. 2010–3094 Filed 2–23–10; 8:45 am]
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]]>Agencies
[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Proposed Rules]
[Pages 8432-8459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3094]
[[Page 8431]]
-----------------------------------------------------------------------
Part II
Department of Homeland Security
-----------------------------------------------------------------------
Coast Guard
-----------------------------------------------------------------------
46 Parts 25, 27, 28, et al.
Carbon Dioxide Fire Suppression Systems on Commercial Vessels; Proposed
Rule
Federal Register / Vol. 75 , No. 36 / Wednesday, February 24, 2010 /
Proposed Rules
[[Page 8432]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 25, 27, 28, 31, 34, 35, 62, 71, 76, 78, 91, 95, 97,
107, 108, 112, 115, 118, 119, 122, 131, 132, 147, 162, 167, 169,
176, 181, 182, 185, 189, 190, 193, 194, and 196
[USCG-2006-24797]
RIN 1625-AB44
Carbon Dioxide Fire Suppression Systems on Commercial Vessels
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend the current regulations for
fire suppression systems on several classes of commercial vessels. The
amendments would clarify that approved alternatives to carbon dioxide
systems may be used to protect some spaces on these vessels and would
set general requirements for alternative systems.
Additionally, new and existing carbon dioxide systems, when used in
spaces that can be accessed by persons onboard the specified commercial
vessels, would need to be equipped with lockout valves and olfactory
additives to protect persons in the event of a carbon dioxide
discharge. By requiring these features on carbon dioxide systems and by
making a wider range of fire suppression systems available, the
proposed regulations advance the Coast Guard's mission of promoting
maritime safety and mobility.
DATES: Comments and related material must either be submitted to our
online docket via https://www.regulations.gov on or before May 25, 2010
or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2006-24797 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
Viewing incorporation by reference material: You may inspect the
material proposed for incorporation by reference at room 1308, U.S.
Coast Guard Headquarters, 2100 2nd Street, SW., Stop 7126, Washington,
DC 20593-7126 between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-372-1356. Copies of the
material are available as indicated in the ``Incorporation by
Reference'' section of this preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lieutenant Commander Suzanne Hemann, U.S. Coast
Guard; telephone 202-372-1356, e-mail Suzanne.E.Hemann@uscg.mil. If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
V. Incorporation by Reference
VI. Regulatory Analysis
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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2006-24797), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2006-24797'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this
proposed rule based on your comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2006-24797'' in the Docket ID box, press Enter,
and then click on the item in the Docket ID column. If you do not have
access to the Internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
[[Page 8433]]
D. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
II. Abbreviations
CO2 Carbon dioxide
DHS Department of Homeland Security
FK[dash]5[dash]1[dash]12 Dodecafluoro-2-methylpentan-3-one
FR Federal Register
HFC[dash]227ea Heptafluoropropane
IG[dash]541 Nitrogen 52%, argon 40%, and carbon
dioxide 8%
MODUs Mobile offshore drilling units
U.S.C. United States Code
III. Background
Until recently, carbon dioxide (CO2) systems were the
only systems suitable for suppressing or extinguishing fires in certain
vessel spaces, such as those used for cargo and various types of
machinery. Our current regulations require the use of CO2
systems in such spaces on towing vessels, tank vessels, cargo and
miscellaneous vessels, mobile offshore drilling units (MODUs), offshore
supply vessels, public nautical school ships, and large passenger
vessels (``Subchapter H'' vessels). We also allow carbon dioxide
systems on small passenger vessels carrying more than 150 passengers or
with overnight accommodations for more than 49 passengers (``Subchapter
K'' vessels) and other small passenger vessels (``Subchapter T''
vessels).
Carbon dioxide systems work by flooding a protected space with
CO2, thereby depriving a fire of the oxygen it needs to
burn. Unfortunately, when a carbon dioxide discharge occurs, oxygen
deprivation poses a risk to persons who may be in this protected space.
Crew members have died when odorless CO2 gas was discharged
in their spaces accidentally or without adequate warning to evacuate.
In recent years, alternative systems have been developed that are
comparable to carbon dioxide systems in their ability to suppress
fires, but that do not pose the same risks to persons onboard. Our
regulations currently allow for the use of Coast Guard-approved
alternative systems. At present, most approved systems use halocarbon
clean agents HFC[dash]227ea (heptafluoropropane),
FK[dash]5[dash]1[dash]12 (dodecafluoro-2-methylpentan-3-one), or
IG[dash]541 (nitrogen 52%, argon 40%, and carbon dioxide 8%). We have
also approved water mist systems for some applications. These systems
have been tested by independent testing laboratories and have
laboratory listings. Systems using other agents may be developed and
approved in the future.
Along with the manufacturers of alternative systems, shipyards, and
independent testing laboratories, we believe it would promote safety
and be advantageous to industry to issue new regulations for
installing, maintaining, and using approved carbon dioxide-alternative
fire suppression systems.
IV. Discussion of Proposed Rule
We are proposing two overall changes to our regulations.
1. Lockout valves and olfactory additives.
We propose requiring lockout valves and olfactory additives in any
CO2 system used in a space that may be occupied by persons
onboard, even if only occasionally.
Lockout valves, which are already required for shore-based
facilities by National Fire Protection Association standards (NFPA 12,
2008 edition), are intended to be used during system maintenance to
prevent inadvertent flooding of a protected space. We would require
lockout valves on vessels that use CO2 systems in spaces
containing more than 6,000 cubic feet and in smaller spaces that do not
have horizontal escapes, which provide a quick way to evacuate.
Odorizer units would be required for CO2 systems of any size
to provide a scent to normally odorless CO2 during
discharge. A distinctive-smelling substance, like wintergreen, is added
to the CO2 so that in the event of a CO2
discharge in a vessel's space, any persons in that space can quickly
smell the discharge and evacuate.
Additionally, the odor would warn persons in adjacent spaces that
the CO2 may have migrated. The new lockout valve and
olfactory additive requirements would apply immediately to new systems.
They would be phased-in for existing systems, allowing the necessary
simple retrofits to be made during drydocking or routine maintenance,
thereby reducing the financial impact on vessel owners. Retrofitting
would involve dismantling and reassembling a small section of system
piping to include a lockout valve.
2. Alternative systems.
The second overall change we propose is to amend our existing
regulations to make it clear that alternative systems using clean agent
and inert gases may be used. Furthermore, we are proposing
clarifications to the general requirements for maintaining, installing,
and using an alternative system. System layout and control requirements
would be based on the current regulations for engineered CO2
systems on inspected vessels. Independent laboratories would oversee
prototype testing and follow-up quality control supervision.
The following table lists the parts within 46 CFR that are affected
by our proposal and the specific sections we propose to amend. The
foregoing discussion provides a general explanation for each of these
changes. When additional information is required, it appears in the
table in parentheses. The table omits any discussion of numerous minor
and nonsubstantive style, format, or wording changes that we are
proposing solely to improve the clarity of our regulations.
Table 1--Proposed Changes to 46 CFR
------------------------------------------------------------------------
46 CFR part and topic 46 CFR sections affected (& comments)
------------------------------------------------------------------------
25--Uninspected vessels...... 25.30-15 (remove paragraph designations
and remove redundant second paragraph).
27--Towing vessels........... 27.101.
28--Commercial fishing 28.825.
industry vessels.
31, 34, 35--Tank vessels..... 31.10-18 (remove flow test requirement in
para. (f)), 34.01-15 (incorporation by
reference), 34.05-5, 34.15-50 (new),
34.15-60 (new), 35.40-7, 35.40-8 (new),
35.40-10.
62--Marine engineering, vital 62.25-20.
systems automation.
71, 76, 78--Subchapter H 71.20-20, 71.25-20, 71.65-5, 76.05-1,
passenger vessels ([gteqt] 76.10-5, 76.15-50 (new), 76.16-60 (new),
100 gross tons). 78.47-9, 78-47.11 (new), 78.47-17.
[[Page 8434]]
91, 95, 97--Cargo & 91.20-20, 91.25-20, 91.55-5, 95.01-2
miscellaneous vessels. (incorporation by reference), 95.05-10,
95.10-5, 95.15-5 (lengthen discharge
time from 2 to 10 min. for spaces
specially suitable for vehicles to
provide greater safety margin and meet
the International Maritime
Organization's Safety of Life at Sea
(SOLAS) requirements), 95.15-30 (provide
for nitrogen pilot cylinders), 95.15-50
(new), 95.15-60 (new), 95.16-1--95.16-90
(new; based on current subpart 95.15,
modified and reorganized), 97.37-9,
97.37-11 (new), 97.37-13.
107, 108--Mobile offshore 107.231, 107.235, 108.444 (new), 108.446
drilling units. (new), 108.626 (new), 108.627, 108.631.
112--Electrical engineering, 112.15-5.
emergency lighting & power
systems.
115, 118, 119, 122-- 115.810, 118.410, 119.710, 122.612.
Subchapter K passenger
vessels (< 100 gross tons &
> 150 passengers or > 49
overnight passengers).
131, 132--Offshore supply 131.815, 131.817 (new), 131.825, 132.350.
vessels.
147--Hazardous ships' stores. 147.7 (incorporation by reference),
147.45 (nonsubstantive change), 147.60
(nonsubstantive change), 147.66 (new),
147.67 (new).
162--Engineering equipment... 162.161-1--162.161-9 (new).
167--Public nautical school 167.45-1, 167.45-45, 167.55-5.
ships.
169--Sailing school vessels.. 169.247, 169.564, 169.570 (new), 169.571
(new), 169.732, 169.734.
176, 181, 182, 185-- 176.810, 181.410, 182.710, 185.612.
Subchapter T passenger
vessels (< 100 gross tons &
<= 150 passengers or <= 49
passengers overnight).
189, 190, 193, 194, 196-- 189.25-20, 189.55-5, 190.15-5, 193.05-10,
Oceanographic research 193.10-5, 193.15-16 (new), 193.15-17
vessels. (new), 193.15-50 (new), 194.20-7, 196.37-
8 (new), 196.37-9, 196.37-13.
------------------------------------------------------------------------
V. Incorporation by Reference
Material proposed for incorporation by reference appears in 46 CFR
34.01-15, 46 CFR 147.7, and 46 CFR 162.161-2. You may inspect this
material at U.S. Coast Guard Headquarters where indicated under
ADDRESSES. Copies of the material are available from the sources listed
in 46 CFR 34.01-15, 46 CFR 147.7, and 46 CFR 162.161-2.
Before publishing a binding rule, we will submit this material to
the Director of the Federal Register for approval of the incorporation
by reference.
VI. Regulatory Analysis
We developed this proposed 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 proposed 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 (OMB) has not reviewed it under that Order.
A draft Regulatory Analysis is available in the docket where
indicated under the ``Public Participation and Request for Comments''
section of this preamble. A summary of the preliminary Regulatory
Analysis follows.
We propose to amend the current regulations for carbon dioxide fire
suppression systems on commercial vessels. The amendments would require
certain safety requirements for current and future users of
CO2 systems. The proposed rule would require lockout valves
for certain protected spaces as well as for an olfactory additive as a
warning measure for all CO2 systems. The proposed rule would
also clarify what approved alternatives to CO2 systems may
be used to protect some spaces on these vessels and would set general
requirements for alternative systems. We do not expect industry would
incur additional costs as a result of the provisions for alternative
systems. See below for additional discussion of alternative systems.
Carbon dioxide fire suppression systems pose a risk of asphyxiation
to personnel. Lockout valves and olfactory additives help protect
persons in the event of an inadvertent release during maintenance.
Olfactory additives offer additional protection from leaks from a
protected space to adjacent spaces and help alert personnel when
CO2 has been released. By requiring these features on carbon
dioxide systems and making a wider range of fire suppression systems
available, the proposed amendments would advance the Coast Guard's
missions of promoting maritime safety and mobility.
U.S. flag vessel owners are expected to incur costs associated with
this proposed rule. Vessel owners with existing CO2 fire
suppression systems would be required to add the lockout valves and
olfactory units within five years of the publication of the final rule.
This would allow enough time for vessel owners to add these features
during scheduled vessel maintenance periods and would reduce the cost
of compliance for vessel owners. For purposes of this regulatory
assessment, we assume an equal proportion of systems will be
retrofitted each year for five years. New vessel owners will incur the
costs as systems are incorporated into new ships at construction.
Affected Population
Vessels with CO2 fire suppression systems that are not
in compliance with the proposed regulation would be required to install
lockout valves at entrances to all spaces greater than 6,000 cubic feet
in volume where personnel may enter, as well as, in spaces with 6,000
cubic feet in volume or less that do not have a horizontal escape for
quick escape. Vessels equipped with existing CO2 fire
suppression systems would incur a cost for retrofitting valves to the
systems. Newly constructed vessels installing new fire CO2
suppression systems in similar spaces would also incur a cost for
installation of lockout valves, although at a lower cost than
retrofitting systems on existing vessels because installations during
vessel construction are typically less costly.
Based on Coast Guard Marine Investigation Security and Law
Enforcement (MISLE) data, we estimate
[[Page 8435]]
there are potentially 1,702 existing vessels with a total of 3,204
CO2 fire suppression systems that would require lockout
valves. The 3,204 existing systems consist of 1,054 larger systems that
would require more expensive lockout valves and 2,150 smaller systems
that would require less expensive lockout valves. Using MILSE data, we
estimate there are potentially 22 small systems and 12 large systems
installed each year on new vessels, which would be required to have
lockout valves.
The population of affected vessels that would need to install
olfactory additives (odorizers) includes all existing and new vessels
with CO2 systems. All existing vessels with CO2
systems would require a retrofit for each protected space. Based on
MISLE data, we estimate there are potentially 7,815 systems on 3,567
vessels that would be required to install odorizers.\1\ Each new vessel
with CO2 systems would also require an odorizer for
compartments of all sizes. Of the new vessels constructed annually, we
estimate the 46 new systems/year installed would require odorizers.
---------------------------------------------------------------------------
\1\ The difference in the vessel populations and system counts
(lockout valve vs. odorizers) is reflective of the large number of
extremely small sized systems that need odorizers, but do not need
lockout valves (the balance of 7,815-3,204 or 4,611).
---------------------------------------------------------------------------
Costs
Based on industry data, we estimate that average 2008 industry
prices for installed retrofit large and small lockout valves are $3,513
and $1,475, respectively. Systems that handle more than 2,450 pounds of
CO2 require a valve larger than 2 inches. Of the 3,204
existing systems affected by this proposed rule, 1,054 would require
the larger, more expensive lockout valves, while 2,150 systems require
the smaller valves for a total undiscounted cost of about $6,873,425.
The annual undiscounted cost for owners of vessels with existing
systems to meet the lockout valve requirement of this proposed rule
would be approximately $1,374,685 for each year of the five-year phase-
in period.
Vessel owners wishing to install a new CO2 fire
suppression system would be required to have the lockout valves
included in the installation. We estimate that the annual undiscounted
industry cost for adding lockout valves to new CO2 fire
suppression systems to be $65,932 per year (based on installed costs on
new systems of $1,258 for small valves and $3,188 for large valves).
Industry would incur this cost for each year over the ten-year period
of analysis.
As for odorizers, we estimate that the retrofit installed costs,
including three warning signs, are $551/unit based on industry
information. This is about $35 more than the estimated cost for new
odorizers installed. With a five-year phase-in for all 7,815 systems,
1,563 systems will be retrofitted on average each year. We estimate the
total annual undiscounted cost of the retrofit will be $861,213. For
new systems using the lockout valve, we estimate the total annual
undiscounted cost to be about $17,558 for all 34 protected areas. For
the remaining systems not required to have a lockout valve, the cost
for installing odorizers in 12 areas will be about $6,197. The total
cost per vessel would be dependent on the number of areas protected by
CO2.
We estimated the total cost of this rulemaking over a ten-year
period to be $12.1 million (see Table 2). For the first five years, we
estimated the undiscounted costs to be $2,325,584/year for both
retrofits and new installations.
Table 2--Total Cost of Adding Lockout Valves and Odorizers to CO2 Systems
----------------------------------------------------------------------------------------------------------------
Total 7% Total 3%
Year Lockout valves Odorizers Total discount discount
----------------------------------------------------------------------------------------------------------------
2011............................ $1,440,617 $884,967 $2,325,584 $2,173,443 $2,257,849
2012............................ 1,440,617 884,967 2,325,584 2,031,255 2,192,086
2013............................ 1,440,617 884,967 2,325,584 1,898,370 2,128,239
2014............................ 1,440,617 884,967 2,325,584 1,774,177 2,066,252
2015............................ 1,440,617 884,967 2,325,584 1,658,110 2,006,070
2016............................ 65,932 23,754 89,686 59,762 75,111
2017............................ 65,932 23,754 89,686 55,582 72,923
2018............................ 65,932 23,754 89,686 52,198 70,799
2019............................ 65,932 23,754 89,686 48,783 68,737
2020............................ 65,932 23,754 89,686 45,592 66,735
-------------------------------------------------------------------------------
Total....................... 7,532,745 4,543,609 12,076,354 9,797,543 11,004,801
Annualized Costs................ .............. .............. .............. 1,394,950 1,290,198
----------------------------------------------------------------------------------------------------------------
Source: USCG Calculations.
Note: Totals may not add due to rounding.
For the remaining years, the undiscounted costs are $89,686/year
due to the new installations only. We discounted the annual costs at 3
percent and 7 percent and also annualized the total costs at the same
rates. The total 10-year cost of the proposed rule is $9.8 million at a
7 percent discount rate and $11 million at 3 percent.
This proposed regulation would clarify Coast Guard acceptance of
alternatives to using CO2 systems. We do not believe that
these provisions would have a cost impact because the Coast Guard has
been approving alternative systems on an ad hoc basis. We believe these
approved installed alternative systems would be compliant with the
requirements for alternative systems proposed in this rulemaking.
With regard to alternative fire suppression systems, the use of
halocarbon (only one of a number of alternatives) fire suppression
systems has been increasing in recent years (2006-2008). Our records
indicate that industry installed an average of 21 halocarbon fire
suppression systems compared to an average of 34 CO2 fire
suppression systems with capacity over 6,000 cubic feet during this
period.
Benefits
The primary benefit associated with this proposed rule is the
reduction in risk of injuries and fatalities related to CO2
exposure. CO2 exposure has long been recognized as a
potential hazard to human health. The National Institute of
Occupational Safety and Health (NIOSH), in its publication NIOSH 76-
194, ``Criteria for a Recommended
[[Page 8436]]
Standard--Occupational Exposure to Carbon Dioxide,'' available at
https://www.cdc.gov/niosh/76-194.html, has set criteria for a standard
for limits of exposure to CO2 in workplace settings.
Other Federal and industry agencies and associations have also
recently concluded that CO2 fire suppression systems could
pose a risk. For example, the National Fire Prevention Association
(NFPA) guidance in its 2005 Edition for CO2 fire suppression
systems located on land states that ``total flooding CO2
suppression systems shall not be used in normally occupied
enclosures''. In addition, the EPA, in its 2000 report, ``Carbon
Dioxide as a Fire Suppressant: Examining the Risk,'' has suggested that
clarifying maritime regulation would be beneficial to reducing
accidental exposure.
The Regulatory Analysis available in the docket has additional
detail on the assessment of the benefits and costs of this rulemaking.
The assessment also contains details and analysis of the alternatives
considered for this rulemaking.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 as well as not being dominant
in their fields, and governmental jurisdictions with populations of
less than 50,000.
A combined Regulatory Assessment and Initial Regulatory Flexibility
Analysis discussing the impact of this proposed rule on small entities
is available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble.
Our data shows that there are 489 known entities that owned vessels
with CO2 fire suppression systems onboard in 2008. Of the
489, 26 are government entities with populations of more than 50,000
that we excluded from the small business analysis. Of the remaining 463
entities, we were able to find revenue and employment information for
100 entities. Of the 100, we confirmed that 37 were small as defined by
Small Business Administration (SBA) size standards.
We assumed the remaining 363 entities to be small because we were
unable to find revenue or employment information. Given that assumption
of size, we concluded that small entities likely comprise 400 (363 +
37) or 81.8% of the total affected population.
Of the small entities with revenue and employee size data, we
determined that 83.8% would have an annual revenue impact of less than
1 percent. Further, we estimated that the impact on 97.3% of these
small entities would be less than 3% of annual revenue.
Therefore, the Coast Guard certifies under 5 U.S.C. Sec. 605(b)
that this rulemaking would not have a significant economic impact on a
substantial number of small entities. We are interested in the
potential impacts from this proposed rule on small businesses and we
request public comment on these potential impacts. If you think that
your business, organization, or governmental jurisdiction qualifies as
a small entity and that this rulemaking would have a significant
economic impact on it, please submit a comment to the Docket Management
Facility at the address under the ``Public Participation and Request
for Comments'' section of this preamble. In your comment, explain why,
how, and to what degree you think this rule would have an economic
impact on you.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding the proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule affects your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call Lieutenant Commander Suzanne
Hemann, CG-5214, U.S. Coast Guard, telephone 202-372-1356 or send her
an e-mail at suzanne.e.hemann@uscg.mil. 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 proposed rule would require no new collection of information
(COI) under the Paperwork Reduction Act (44 U.S.C. 3501-3520). The U.S.
Coast Guard has been approving alternatives to CO2 systems
for a number of years and accounting for it in COI document ``OMB
Control Number 1625-0035''. This rulemaking would not require any new
recordkeeping or reporting requirements. Satisfactory lockout valve and
olfactory installation will be confirmed by normal future Coast Guard
inspections.
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 proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
G. Taking of Private Property
This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 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
[[Page 8437]]
safety that might disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 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 proposed 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 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
standard bodies.
This proposed rule uses the following consensus standards:
Underwriters Laboratories (UL) standards UL 2127 entitled ``Standard
for Inert Gas Clean Agent Extinguishing System Units,'' UL 2166
entitled ``Standard for Halocarbon Clean Agent Extinguishing System
Units,'' and National Fire Protection Association (NFPA) 2001 entitled
``Standard on Clean Agent Fire Extinguishing Systems.'' The proposed
sections that reference these standards and the locations where these
standards are available are listed in the proposed regulatory text for
46 CFR 34.01-15, 147.7, and 162.161-2.
This proposed rule also uses technical standards other than
voluntary consensus standards. The test described in the regulatory
text proposed for 46 CFR 162.161-6 is in accordance with requirements
of the International Maritime Organization, IMO MSC/Circ.848 entitled
``Revised Guidelines for the Approval of Equivalent Fixed Gas Fire-
Extinguishing Systems, as referred to in chapter II-2 of SOLAS 74, for
machinery spaces and cargo pump-rooms'' and IMO MSC.1/Circ. 1267
entitled ``Amendments to the Revised Guidelines for the Approval of
Equivalent Fixed Gas Fire-Extinguishing Systems, as referred to in
chapter II-2 of SOLAS 74, for machinery spaces and cargo pump-rooms
(MSC/Circ. 848)''. The remaining requirements and tests were developed
by the Coast Guard and used to evaluate currently-approved carbon
dioxide-alternative fire suppression systems. These requirements are
described throughout the proposed regulations. They are used because we
did not find voluntary consensus standards that are applicable to this
rule. If you disagree with our analysis of the voluntary consensus
standards listed above or are aware of voluntary consensus standards
that might apply, but are not listed, please send a comment to the
docket using one of the methods under ADDRESSES. In your comment,
please explain why you disagree with our analysis and/or identify
voluntary consensus standards we have not listed that might apply.
M. Environment
We have analyzed this proposed 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 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
rule involves amending the current regulations for carbon dioxide fire
suppression systems on several classes of commercial vessels. Exclusion
under paragraphs (34)(d) of Figure 2.1 of the Instruction and section
6(a) of the Federal Register, Vol. 67, No. 141, Tuesday July 23, 2002,
page 48243 apply because this rule pertains to regulations concerning
the equipping of vessels, as well as equipment approval. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects
46 CFR Part 25
Fire prevention, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 27
Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 28
Alaska, Fire prevention, Fishing vessels, Marine safety,
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 34
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 35
Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 62
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 71
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 76
Fire prevention, Marine safety, Passenger vessels.
46 CFR Part 78
Marine safety, Navigation (water), Passenger vessels, Penalties,
Reporting and recordkeeping requirements.
46 CFR Part 91
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 95
Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety.
[[Page 8438]]
46 CFR Part 97
Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.
46 CFR Part 107
Marine safety, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 108
Fire prevention, Marine safety, Occupational safety and health, Oil
and gas exploration, Vessels.
46 CFR Part 112
Vessels.
46 CFR Part 115
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 118
Fire prevention, Marine safety, Passenger vessels.
46 CFR Part 119
Marine safety, Passenger vessels.
46 CFR Part 122
Marine safety, Passenger vessels, Penalties, Reporting and
recordkeeping requirements.
46 CFR Part 131
Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements.
46 CFR Part 132
Cargo vessels, Fire prevention, Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 147
Hazardous materials transportation, Incorporation by reference,
Labeling, Marine safety, Packaging and containers, Reporting and
recordkeeping requirements.
46 CFR Part 162
Fire prevention, Incorporation by reference, Marine safety, Oil
pollution, Reporting and recordkeeping requirements.
46 CFR Part 167
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.
46 CFR Part 169
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Vessels.
46 CFR Part 176
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 181
Fire prevention, Marine safety, Passenger vessels.
46 CFR Part 182
Marine safety, Passenger vessels.
46 CFR Part 185
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 189
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
46 CFR Part 190
Fire prevention, Marine safety, Occupational safety and health,
Oceanographic research vessels.
46 CFR Part 193
Fire prevention, Marine safety, Oceanographic research vessels.
46 CFR Part 194
Explosives, Hazardous materials transportation, Marine safety,
Oceanographic research vessels.
46 CFR Part 196
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
For the reasons listed in the preamble, the Coast Guard proposes to
amend 46 CFR parts 25, 27, 28, 31, 34, 35, 62, 71, 76, 78, 91, 95, 97,
107, 108, 112, 115, 118, 119, 122, 131, 132, 147, 162, 167, 169, 176,
181, 182, 185, 189, 190, 193, 194, and 196 as follows:
PART 25--REQUIREMENTS
1. The authority citation for Part 25 continues to read as follows:
Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4102, 4302;
Department of Homeland Security Delegation No. 0170.1.
2. Revise Sec. 25.30-15 to read as follows:
Sec. 25.30-15 Fixed fire-extinguishing systems.
When a fixed fire-extinguishing system is installed, it must be a
type approved or accepted by the Commandant (CG-5214) or the Commanding
Officer, U.S. Coast Guard Marine Safety Center.
PART 27--TOWING VESSELS
3. The authority citation for Part 27 continues to read as follows:
Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324,
110 Stat. 3901); Department of Homeland Security Delegation No.
0170.1.
4. In Sec. 27.101, in the definition of ``Fixed fire-extinguishing
system'', revise paragraphs (1) and (3), and add a new paragraph (4),
to read as follows:
Sec. 27.101 Definitions.
* * * * *
Fixed fire-extinguishing system means:
(1) A carbon dioxide system that satisfies 46 CFR 76.15 and the
system labeling requirements in 46 CFR 78.47-7 and 78.47-11 and that is
approved by the Commandant;
* * * * *
(3) A manually-operated water-mist system that satisfies NFPA 750
(incorporated by reference; see 46 CFR 27.102) and that is approved by
the Commandant; or
(4) A clean agent system that satisfies 46 CFR 95.16 and the
labeling requirements of 46 CFR 97.37-9 and 97.37-11 and that is
approved by the Commandant.
* * * * *
PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS
5. The authority citation for Part 28 continues to read as follows:
Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603;
Department of Homeland Security Delegation No. 0170.1.
6. Revise Sec. 28.825(b)(2)(iv) to read as follows:
Sec. 28.825 Excess fire detection and protection equipment.
* * * * *
(b) * * *
(2) * * *
(iv) The control cabinets or spaces containing valves or manifolds
for the various fire extinguishing systems must be distinctly marked in
conspicuous red letters at least 2 inches high: ``[CARBON DIOXIDE/FOAM/
CLEAN AGENT--as appropriate] FIRE SYSTEM.''
* * * * *
PART 31--INSPECTION AND CERTIFICATION
7. The authority citation for Part 31 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307,
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; Department of Homeland Security Delegation No.
0170.1. Section
[[Page 8439]]
31.10-21 also issued under the authority of Sect. 4109, Pub. L. 101-
380, 104 Stat. 515.
8. In Sec. 31.10-18, revise Table 31.10-18(c) and paragraph (f) to
read as follows:
Sec. 31.10-18 Firefighting equipment: General--TB/ALL.
* * * * *
(c) * * *
Table 31.10-18(c)
------------------------------------------------------------------------
Type system Test
------------------------------------------------------------------------
Foam......................... Systems utilizing a soda solution must
have that solution replaced. In all
cases, ascertain that powder is not
caked.
Carbon dioxide............... Weigh cylinders. Recharge cylinder if
weight loss exceeds 10% of weight of
charge. Test time delays, alarms, and
ventilation shutdowns with carbon
dioxide, nitrogen, or other nonflammable
gas as stated in the system
manufacturer's instruction manual.
Inspect hoses for damage or decay.
Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and
all flexible connections on fixed carbon
dioxide systems must be tested or
renewed, as required by 46 CFR 147.60
and 147.65.
Halon 1301 and halocarbon.... Recharge or replace if weight loss
exceeds 5% of weight of charge, or, if
cylinder has a pressure gauge, recharge
cylinder if pressure loss exceeds 10%,
adjusted for temperature. Test time
delays, alarms, and ventilation
shutdowns with carbon dioxide, nitrogen,
or other nonflammable gas as stated in
the system manufacturer's instruction
manual. Inspect hoses for damage or
decay. Ensure that nozzles are
unobstructed. Cylinders must be tested
and marked, and all flexible connections
to Halon 1301 and halocarbon cylinders
must be tested or renewed, as required
by 46 CFR 147.60 and 147.65 or 147.67.
NOTE: Halon 1301 system approvals have
expired, but existing systems may be
retained if they are in good and
serviceable condition to the
satisfaction of the Coast Guard
inspector.
Inert gas.................... Recharge or replace cylinder if cylinder
pressure loss exceeds 5% of specified
gauge pressure, adjusted for
temperature. Test time delays, alarms,
and ventilation shutdowns with carbon
dioxide, nitrogen, or other nonflammable
gas as stated in the system
manufacturer's instruction manual.
Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and
all flexible connections on fixed inert
extinguishers must be tested or renewed,
as required by 46 CFR 147.60 and 147.66.
Water mist................... Maintain system in accordance with the
maintenance instructions in the system
manufacturer's design, installation,
operation, and maintenance manual.
------------------------------------------------------------------------
* * * * *
(f) The marine inspector must check all fire extinguishing system
piping, controls, valves, and alarms to ascertain that the system is in
good operating condition. For carbon dioxide or clean agent systems as
described in 46 CFR subpart 95.16, the marine inspector must:
(1) Verify that flow is continuous and that the piping and nozzles
are unobstructed; and
(2) Verify that any discharge delays and pre-discharge alarms
function properly during the flow test.
* * * * *
PART 34--FIREFIGHTING EQUIPMENT
9. The authority citation for Part 34 continues to read as follows:
Authority: 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.
10. Revise Sec. 34.01-15 to read as follows:
Sec. 34.01-15 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a). To enforce any edition other than that specified
in paragraph (b) of this section, the Coast Guard must publish notice
of change in the Federal Register and make the material available to
the public. All approved material is on file at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd Street,
SW., Stop 7126, Washington, DC 20593-7126 or 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: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. All material is available from the sources indicated in
paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are:
(1) American Society for Testing and Materials (ASTM)
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
(2) ASTM F 1121-87 (Reapproved 1993), Standard Specification for
International Shore Connections for Marine Fire Applications, 1987.
(c) National Fire Protection Association (NFPA) 1 Batterymarch
Park, Quincy, MA 02269-9101.
(1) NFPA 13-1996, Standard for the Installation of Sprinkler
Systems--34.30-1.
(2) NFPA 2001-2008, Standard on Clean Agent Fire Extinguishing
Systems--34.05-5(a)(4).
11. In Sec. 34.05-5, revise the section heading and paragraphs
(a)(3) through (7) to read as follows:
Sec. 34.05-5 Fire extinguishing systems-- T/ALL.
(a) * * *
(3) Lamp and paint lockers and similar spaces. A carbon dioxide or
clean agent system as described in 46 CFR subpart 95.16 or a water
spray system must be installed in all lamp and paint lockers, oil
rooms, and similar spaces.
(4) Pump rooms. A carbon dioxide or clean agent system as described
in 46 CFR subpart 95.16, a foam spray system, or water spray system
must be installed for the protection of all pump rooms. If a clean
agent system is installed for the pump room of a tank ship carrying
chemical cargos, the amount of extinguishing agent must be determined
by using the agent design concentration determined by the cup burner
method, described in NFPA 2001 (incorporated by reference; see 46 CFR
34.01-15) for the cargo requiring the greatest amount of agent.
(5) Boiler rooms. On tankships contracted for on or after November
19, 1952, a carbon dioxide or clean agent system as described in 46 CFR
subpart 95.16 or a foam system must be installed to protect any space
containing a main or auxiliary oil fired boiler, the boiler fuel oil
service pump, or any fuel oil units such as heaters, strainers, valves,
manifolds, etc., that are subject to the discharge pressure of the fuel
oil service pumps.
[[Page 8440]]
(6) Machinery spaces. A carbon dioxide or clean agent system as
described in 46 CFR subpart 95.16 must be installed to protect any
machinery space containing an internal combustion-propelling engine
that uses fuel having a flashpoint of less than 110 degrees Fahrenheit.
(7) Internal combustion installations. A fire extinguishing system
must be provided for an internal combustion installation and:
(i) The system must be a carbon dioxide or clean agent system as
described in 46 CFR subpart 95.16;
(ii) On vessels of 1,000 gross tons and over on an international
voyage, the construction or conversion of which is contracted for on or
after May 26, 1965, a carbon dioxide or clean agent system as described
in 46 CFR subpart 95.16 must be installed in any space containing
internal combustion or gas turbine main propulsion machinery,
auxiliaries with an aggregate power of 1,000 b.h.p. or greater, or
their fuel oil units, including purifiers, valves, and manifolds; and
(iii) On vessels of 1,000 gross tons and over, the construction,
conversion or automation of which is contracted for on or after January
1, 1968, a carbon dioxide or clean agent system as described in 46 CFR
subpart 95.16 must be installed in any space containing internal
combustion or gas turbine main propulsion machinery, auxiliaries with
an aggregate power of 1,000 b.h.p. or greater, or their fuel oil units,
including purifiers, valves and manifolds.
* * * * *
12. Add a new Sec. 34.15-50 to read as follows:
Sec. 34.15-50 Lockout valves--T/ALL.
(a) A lockout valve must be provided on any carbon dioxide
extinguishing system protecting a space over 6,000 cubic feet in volume
or a space 6,000 cubic feet or less in volume that does not have a
horizontal escape.
(b) The lockout valve must be a manually operated valve located in
the discharge manifold prior to the stop valve or selector valves. When
in the closed position, the lockout valve must provide complete
isolation of the system from the protected space or spaces, making it
impossible for carbon dioxide to discharge in the event of equipment
failure during maintenance.
(c) The lockout valve design or locking mechanism must make it
obvious whether the valve is open or closed.
(d) A valve is considered a lockout valve if it has a hasp or other
means of attachment to which, or through which, a lock can be affixed,
or it has a locking mechanism built into it.
(e) The lockout valve must be locked in the closed position
whenever maintenance is performed on the extinguishing system. The
master must ensure that the lockout valve is locked in the open
position when maintenance is complete and the system is returned to
operable condition.
(f) Lockout valves added to existing systems must be approved by
the Commandant for use in the system.
(g) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the lockout valve requirements of this section not later than
[DATE 5 YEARS AFTER EFFECTIVE DATE OF RULE].
13. Add new Sec. 34.15-60 to read as follows:
Sec. 34.15-60 Olfactory additives--T/ALL.
(a) Each carbon dioxide extinguishing system must have an approved
odorizing unit to produce the scent of wintergreen, the detection of
which will serve as an indication that carbon dioxide gas is present in
a protected area and any other area into which the carbon dioxide may
migrate.
(b) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the requirements of this section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
PART 35--OPERATIONS
14. The authority citation for Part 35 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department
of Homeland Security Delegation No. 0170.1.
15. Revise Sec. 35.40-7 to read as follows:
Sec. 35.40-7 Carbon dioxide and clean agent alarms--T/ALL.
Each carbon dioxide or clean agent fire extinguishing alarm
installed after November 19, 1952, must be conspicuously marked: ``WHEN
ALARM SOUNDS VACATE AT ONCE. CARBON DIOXIDE OR CLEAN AGENT BEING
RELEASED.''
16. Add a new Sec. 35.40-8 to read as follows:
Sec. 35.40-8 Carbon dioxide olfactory warning signs--T/ALL.
Each entrance to a space storing carbon dioxide cylinders, a space
protected by carbon dioxide systems, or any space into which carbon
dioxide might migrate must be conspicuously marked as follows:
(a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''
(b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK[dash]OUT SYSTEM WHEN
SERVICING.''
(c) Spaces into which carbon dioxide might migrate--``CARBON
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED
VACATE IMMEDIATELY.''
17. Revise Sec. 35.40-10 to read as follows:
Sec. 35.40-10 Steam, foam, carbon dioxide, or clean agent fire
smothering apparatus--TB/ALL.
Each steam, foam, carbon dioxide, or clean agent fire fighting
apparatus must be marked ``[CARBON DIOXIDE/STEAM/FOAM/CLEAN AGENT--as
appropriate] FIRE APPARATUS,'' in red letters at least 2 inches high.
Branch pipe valves leading to the several compartments must be
distinctly marked to indicate the compartments or parts of the vessel
to which they lead.
PART 62--VITAL SYSTEM AUTOMATION
18. The authority citation for Part 62 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 8105; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.
19. Revise Sec. 62.25-20(d)(1)(ii) to read as follows:
Sec. 62.25-20 Instrumentation, alarms, and centralized stations.
* * * * *
(d) * * *
(1) * * *
(ii) Fire, general alarm, carbon dioxide/Halon 1301/clean agent,
vital machinery, flooding, engineers' assistance-needed, and non-vital
alarms.
* * * * *
PART 71--INSPECTION AND CERTIFICATION
20. The authority citation for Part 71 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307;
E.O. 12234, 45 FR
[[Page 8441]]
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; Department of Homeland Security Delegation No.
0170.1.
21. Revise Sec. 71.20-20(b) to read as follows:
Sec. 71.20-20 Specific tests and inspections.
* * * * *
(b) Installation of carbon dioxide or clean agent extinguishing
piping in accordance with 46 CFR 76.15-15 and 46 CFR subpart 95.16.
* * * * *
22. In Sec. 71.25-20, revise the section heading and Table 71.25-
20(a)(2) to read as follows:
Sec. 71.25-20 Fire detecting and extinguishing equipment.
(a) * * *
(2) * * *
Table 71.25-20(a)(2)
------------------------------------------------------------------------
Type system Test
------------------------------------------------------------------------
Foam......................... Systems utilizing a soda solution must
have that solution replaced. In all
cases, ascertain that powder is not
caked.
Carbon dioxide............... Weigh cylinders. Recharge cylinder if
weight loss exceeds 10% of weight of
charge. Test time delays, alarms, and
ventilation shutdowns with carbon
dioxide, nitrogen, or other nonflammable
gas as stated in the system
manufacturer's instruction manual.
Inspect hoses for damage or decay.
Ensure that nozzles are unobstructed.
Cylinders must be tested and marked, and
all flexible connections on fixed carbon
dioxide systems must be tested or
renewed, as required by 46 CFR 147.60
and 147.65.
Halon 1301 and halocarbon.... Recharge or replace if weight loss
exceeds 5% of weight of charge or if
cylinder has a pressure gauge, recharge
cylinder if pressure loss exceeds 10%,
