Harmonization of Fire Protection Equipment Standards for Towing Vessels, 8175-8181 [2018-03733]
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Par. 4. Section 57.10 is amended by
revising paragraph (b) to read as follows:
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§ 57.10
Effective/applicability date.
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*
*
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*
(b) Paragraphs (b)(3) and (c)(3)(ii) of
§ 57.2. Paragraphs (b)(3) and (c)(3)(ii) of
§ 57.2 apply on February 22, 2018.
§ 57.10T
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this document for further instructions
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FOR FURTHER INFORMATION CONTACT
section of this document.
For
information about this document, call or
email LT Alexandra Miller, Office of
Design and Engineering Standards,
Lifesaving and Fire Safety Division (CG–
ENG–4), Coast Guard; telephone 202–
372–1356, email Alexandra.S.Miller@
uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
[Removed]
Par. 5. Section 57.10T is removed.
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
Approved: February 15, 2018.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
Table of Contents for Preamble
[FR Doc. 2018–03884 Filed 2–22–18; 11:15 am]
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Discussion of the Rule
IV. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
V. Public Participation and Request for
Comments
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Parts 136 and 142
[Docket No. USCG–2017–1060]
RIN 1625–AC43
Harmonization of Fire Protection
Equipment Standards for Towing
Vessels
Coast Guard, DHS.
Interim final rule; request for
comments.
AGENCY:
I. Abbreviations
ACTION:
The Coast Guard is issuing an
interim final rule to apply changes made
by the 2016 final rule, Harmonization of
Standards for Fire Protection, Detection,
and Extinguishing Equipment, to
inspected towing vessels. Applying
these updated fire protection
requirements to inspected towing
vessels will align regulations for
inspected towing vessels with other
commercial vessel regulations.
DATES: This interim final rule is
effective March 28, 2018. Comments
and related material must be submitted
to the online docket via https://
www.regulations.gov on or before March
28, 2018. The incorporation by reference
of certain publications listed in the rule
is approved by the Director of the
Federal Register on March 28, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–1060 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section of
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY:
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CFR Code of Federal Regulations
DHS Department of Homeland Security
Fire Protection rule Harmonization of
Standards for Fire Protection, Detection,
and Extinguishing Equipment final rule,
81 FR 48220, July 22, 2016
FR Federal Register
IFR Interim final rule
NFPA 10 National Fire Protection
Association Standard for Portable Fire
Extinguishers, 2010 edition
OMB Office of Management and Budget
RA Regulatory Analysis
§ Section symbol
Subchapter M 46 CFR subchapter M—
Towing Vessels
U.S.C. United States Code
II. Basis and Purpose, and Regulatory
History
This interim final rule harmonizes fire
protection requirements regarding
portable and semi-portable fire
extinguishers on inspected towing
vessels with the requirements for other
commercial vessels in Title 46 of the
Code of Federal Regulations (CFR),
including uninspected towing vessels.
The Coast Guard may regulate fire
protection equipment on inspected
towing vessels under statutory authority
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found in 46 U.S.C. 3301 and 3306,
which was delegated by the Secretary of
Homeland Security to the Coast Guard
in DHS Delegation Number
0170.1(II)(92).
The Coast Guard issues this rule
without prior notice and opportunity for
public comment. Section 553(b)(B) of
the Administrative Procedure Act
provides an exception from notice and
comment requirements when an agency
finds that notice and comment are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ In accordance
with 5 U.S.C. 553(b)(B), the Coast Guard
finds that notice and comment are
unnecessary because this rule would not
require a substantive change of fire
protection equipment on towing vessels,
and would align with regulatory
requirements already met by all existing
towing vessels. This rule will revise 46
CFR subchapter M to require inspected
towing vessels to meet fire protection
equipment requirements that already
apply to other commercial vessels,
including uninspected towing vessels.
The Coast Guard updated these
standards in its 2016 Fire Protection
rule. At the time the Coast Guard
updated the fire protection equipment
requirements for other commercial
vessels, there were no towing vessels
inspected under subchapter M: The
Coast Guard established subchapter M
in a June 2016 rule that published one
month prior to the Fire Protection rule,
and, as a practical matter, did not place
requirements on any towing vessel until
July 2017 or later.1 Because of the
timing of subchapter M requirements, at
this time uninspected towing vessels are
subject to the more modern Fire
Protection rule provisions. This rule
corrects the anomalous situation
whereby a towing vessel transitioning
from uninspected to inspected status
would be required to comply with the
previous standards instead of the
updated Fire Protection rule. Moreover,
all existing marine fire extinguishers
already meet the requirements of this
interim final rule, and the number of
extinguishers required on a vessel will
not change. Because this rule will not
require any existing vessel to change its
equipment or practices, the Coast Guard
finds good cause to forgo notice and
opportunity to comment.
1 The Inspection of Towing Vessels final rule
published on June 20, 2016 (81 FR 40003). It gave
existing towing vessels 2 years or more to comply
with the rule, and defined ‘‘new towing vessel’’
such that no vessel would be subject to new vessel
requirements until at least July 20, 2017. See
discussion at 81 FR 40061.
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III. Discussion of the Rule
Under existing regulations, towing
vessels must carry Coast Guardapproved fire extinguishers.2
Historically, the labels on all Coast
Guard-approved fire extinguishers
displayed two ratings: A performance
rating determined by testing to the
industry consensus standard UL 711,
and a USCG Type/Size rating based on
type of fire and the quantity of
extinguishing agent. In its Fire
Protection rule, the Coast Guard
eliminated the USCG Type/Size rating
requirement from 46 CFR part 162 in
favor of the UL standard, but the fire
protection regulations in 46 CFR
subchapter M are still framed in terms
of USCG Type/Size rating. This rule will
change those provisions in part 142 of
subchapter M to reflect the UL standard
instead, matching the changes made by
the Fire Protection rule.
This rule does not change the number
of extinguishers required, and an
extinguisher that displays the USCG
Type/Size rating may still be used if it
meets all other requirements. This rule
adds a grandfathering clause in section
142.231(a), identical to one that appears
in 46 CFR 25.30–80 as a result of the
Fire Protection rule, in order to avoid
any new obligation on uninspected
vessels that become inspected and
subject to subchapter M. For similar
reasons, section 142.240 makes semiportable fire extinguishers subject to the
rules for portable extinguishers instead
of fixed fire extinguishing systems; this
change matches the treatment of semiportable extinguishers on similar vessels
subject to 46 CFR part 25.
In addition, this rule revises
maintenance requirements for fire
extinguishers. Subchapter M had
required extinguisher maintenance in
accordance with the industry consensus
standard NFPA 10, which requires
certified personnel to conduct annual
fire extinguishing equipment
maintenance. NFPA 10 also requires
monthly visual inspections and
documentation by certified personnel.
Section 142.240 provides for some
departures from NFPA 10 to: Allow for
the acceptance of state and local
licenses for inspections; allow an
owner, operator, or qualified
crewmember to complete monthly
inspections (as opposed to certified
personnel); and reduce the requirements
of the annual inspection for nonrechargeable extinguishers. These
modifications are consistent with those
put into place for other commercial
vessels, including uninspected towing
vessels, by the Fire Protection rule.
Section 142.240(a) also imports a
provision from the Fire Protection rule
requiring that if the marine inspector or
third-party organization finds that
equipment or records are not properly
maintained, then a qualified servicing
facility must perform the required
activities. This provision is less
stringent than the NFPA 10 provision in
the original subchapter M text.
Finally, this rule makes nonsubstantive changes such as replacing
the term ‘‘hand-portable’’ with
‘‘portable.’’ It also updates the edition of
NFPA 10 from 2007 to the 2010 edition
used in the Fire Protection rule; there
are no substantive changes between
these two editions.
IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or Executive
orders.
A. Regulatory Planning and Review
Executive Orders 12866 (‘‘Regulatory
Planning and Review’’) and 13563
(‘‘Improving Regulation and Regulatory
Review’’) direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’), directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of E.O. 12866. As this rule
is not a significant regulatory action,
this rule is exempt from the
requirements of Executive Order 13771.
See OMB’s Memorandum ‘‘Guidance
Implementing Executive Order 13771,
Titled ‘Reducing Regulation and
Controlling Regulatory Costs’ ’’ (April 5,
2017). A regulatory analysis (RA)
follows.
This interim final rule (IFR) will
update the fire safety rules in
subchapter M to incorporate changes
brought about by the publication of the
Fire Protection final rule. Specifically,
fire extinguisher ratings and carriage
requirements must all be brought up to
date. Affected sections of subchapter M
(all located in 46 CFR part 142, Fire
Protection) are: §§ 142.215(a), (c) and
(d); 142.225(d); 142.230; new 142.231;
142.240; and 142.315(a)(3)(i) and (b)(1).
Table 1 presents a summary of the
impacts of this rule.
TABLE 1—SUMMARY OF IMPACTS OF THE RULE
Category
Summary
Applicability ..................................................................................
Affected population ......................................................................
Costs ............................................................................................
Benefits ........................................................................................
jstallworth on DSKBBY8HB2PROD with RULES
Affected Population
The affected population consists of
the U.S. flagged towing vessels subject
to the provisions of subchapter M. The
Towing vessels required to be inspected under subchapter M.
5,509 towing vessels.
No costs identified.
Harmonizes with Fire Protection to provide consistent guidance to industry.
RA performed for the Inspection of
Towing Vessels final rule identified
5,509 towing vessels that will be
affected and concluded that the long-
term pattern was a steady-state
population. We have no new
information to revise that conclusion
2 See 46 CFR part 142 subpart B for inspected
towing vessels, and 46 CFR subpart 25.30 for
uninspected towing vessels.
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and will use the population from that
rule for this analysis.
Cost Analysis
This interim final rule contains 29
changes to the fire protection
regulations in subchapter M. A
summary of these changes follows:
• Made eighteen minor edits to the
regulatory text to harmonize subchapter
M text with Fire Protection (e.g., ‘‘hand
portable’’ to ‘‘portable’’); update
technical references (e.g. ‘‘B–1’’ to ‘‘10–
B:C:’’); correct grammatical errors or
improve clarity; and harmonize
references to other sections within
subchapter M.
• Revised five paragraphs to either
consolidate or edit existing text for
clarity, or delete text that is no longer
needed.
• Added three new provisions to
increase industry options to comply
with NFPA 10. An example is to allow
for the acceptance of state and local
licenses for inspections.
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• Added a new paragraph to allow
equipment beyond the regulatory
minimum.
• Added a new paragraph to allow
continued use of existing dual-label
equipment.
• Added a new provision that restates
current recordkeeping requirements.
Overall, the Coast Guard has not
identified any costs associated with
these changes. The changes and
economic impacts are described in
Table 2.
TABLE 2—ASSESSMENT OF COST IMPACTS OF THE RULE
Description of change
Type of change
Subpart B—List of Sections
Change ‘‘Hand-portable’’ to ‘‘Portable’’ ........................
Add new section title ‘‘142.231 Exception for portable
and semi-portable extinguishers required for existing towing vessels.’’
§ 142.215(a)
Change ‘‘Hand-portable’’ to ‘‘Portable.’’ .......................
§ 142.215(c)
Edit and reorganize paragraph for clarity ....................
Moved the last sentence to new paragraph
§ 142.215(d).
§ 142.215(d)
Created new paragraph § 142.215(d) that contains
the last sentence of former § 142.215(c).
§ 142.225(d)
Change equipment type from ‘‘B–II’’ to ‘‘40–B’’ and
other edits.
Edit and reorganize paragraph for clarity ....................
§ 142.230
Change ‘‘Hand-portable’’ to ‘‘Portable’’ ........................
§ 142.230(a), (b), & (c)
Delete, refers to labeling system that is no longer in
use. Former paragraphs (d) and (e) now (a) and
(b).
§ 142.230(d)(1) new § 142.230(a)
Change ‘‘B–I’’ to ‘‘10–B:C’’, ‘‘Hand-portable’’ to ‘‘Portable’’, and ‘‘B–II’’ to ‘‘40–B:C.’’
§ 142.230(d)(2) new § 142.230(b)
Change ‘‘Hand-portable’’ to ‘‘Portable’’ ........................
jstallworth on DSKBBY8HB2PROD with RULES
Change ‘‘a’’ to ‘‘At’’ and correct references to table
and paragraph.
In Table 142.230(d)(2), change ‘‘B–II’’ to ‘‘40–B:C’’ ....
§ 142.230(d)(2)(ii)
Delete paragraph as no longer needed .......................
§ 142.230(e) new § 142.230(c)
Change paragraph reference and change reference
to sizes to ‘‘any.’’
New § 142.230(d)
Allow for equipment beyond regulatory minimum .......
§ 142.231(a)
Add provision to accept current equipment and continue use of dual-label equipment.
§ 142.231(b)
Reference requirements in part 142 for new vessels ..
§ 142.240(a)
Change ‘‘Hand-portable’’ to ‘‘Portable’’ ........................
§ 142.240(a)(1)(i)
Move requirements for semi-portable equipment from
§ 142.240(a)(2) to this sub-paragraph.
Delete references to Table 142.240 as this is redundant with existing text.
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Cost impact
Non-substantive text edit for consistent
usage.
Non-substantive text edit to consolidate requirements for new and existing vessels.
No cost.
Non-substantive text edit for consistent
usage.
No cost.
Non-substantive text edit only ....................
Non-substantive text edit only ....................
No cost.
No cost.
Non-substantive text edit only ....................
No cost.
Non-substantive text edit for consistent
usage.
Non-substantive text edit only ....................
No cost.
No cost.
No cost.
Non-substantive text edit for consistent
usage.
No cost.
Removal of outdated labeling terms ...........
No cost.
Change to labeling terms ...........................
No cost.
Non-substantive text edit for consistent
usage.
Non-substantive text edit only ....................
No cost.
No cost.
Change to labeling terms ...........................
No cost.
Non-substantive text edit only ....................
No cost.
Removal of outdated labeling terms ...........
No cost.
New text ......................................................
No cost, no mandated requirements.
New text ......................................................
No cost, no mandated requirements.
New text ......................................................
No cost, subchapter M applies to new
vessels.
Non-substantive text edit for consistent
usage.
No cost.
Align with 46 CFR part 25 ..........................
No cost.
Non-substantive text edit for clarity ............
No cost.
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TABLE 2—ASSESSMENT OF COST IMPACTS OF THE RULE—Continued
Description of change
Type of change
Allow for the acceptance of state and local licenses
for inspections.
§ 142.240(a)(1)(ii)
Modify requirements of NFPA 10 to allow monthly inspections by owner, operator, person-in-charge, or
crew member.
§ 142.240(a)(1)(iii)
Modify requirements of NFPA 10 to allow annual
maintenance by owner, operator, person-in-charge,
or crew member.
§ 142.240(a)(1)(iv)
Maintain evidence of servicing and provide to inspector. If evidence is unsatisfactory, prescribed examinations, maintenance, and tests must be conducted.
§ 142.240(a)(2)
Delete ‘‘semi-portable.’’ ................................................
§ 142.240, Table 142.240
Delete ‘‘semi-portable’’ .................................................
§ 142.240(c)(2)
Change ‘‘Hand-portable’’ to ‘‘Portable’’ ........................
New text ......................................................
No cost, no mandated requirements.
New text ......................................................
No cost, no mandated requirements.
New text ......................................................
No cost, no mandated requirements.
New text ......................................................
No cost, current industry practice.
Align with 46 CFR part 25 and NFPA 10 ...
No cost, current industry practice.
Align with 46 CFR part 25 and NFPA 10 ...
No cost, current industry practice.
Non-substantive text edit for consistent
usage.
No cost.
Change to labeling terms ...........................
No cost.
§ 142.315(a)(3)(i) & (b)(1)
Change ‘‘B–V’’ to ‘‘160–B.’’ ..........................................
Benefits
The primary benefit of this interim
final rule is to align the fire safety rules
in subchapter M with the changes
brought about by the publication of the
Fire Protection rule. The changes
include removal of a labeling
requirement, and flexibility in the
application of NFPA 10. This will
provide a consistent set of fire
protection requirements to towing
vessel owners and operators.
Alternatives
When creating this interim final rule,
the Coast Guard considered several
alternatives. The previous analysis
represents the preferred alternative,
which will align fire protection
requirements in subchapter M with the
Fire Protection rule.
Alternative 1: Preferred Alternative
The preferred alternative is to update
the fire safety rules in subchapter M to
match changes made by the Fire
Protection rule. The analysis for this
alternative appears in the ‘‘Regulatory
Analysis’’ section of the preamble of
this interim final rule.
jstallworth on DSKBBY8HB2PROD with RULES
Alternative 2: No Action Alternative
In this alternative, the Coast Guard
would take no action regarding the
differences between 46 CFR part 25 and
46 CFR part 142. As this would impose
an inconvenience to industry by not
removing the outdated labeling
requirement, we reject this alternative.
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Alternative 3: Not Including New
Options
This option would remove the
outdated labeling requirement for fire
extinguishers, but would not provide for
any flexibility in applying the
requirements of NFPA 10. The benefit of
this alternative is the harmonization of
text with other fire protection
regulations, including those that already
apply to uninspected towing vessels.
This alternative would not add any new
costs, as NFPA 10 is referenced in
subchapter M, but would not offer any
new compliance options.
B. Small Entities
Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
Our economic analysis concluded that
this interim final rule will have no cost
impact and will not affect the small
entities that own and operate the towing
vessels that comprise the affected
population, described above. Therefore,
the Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
If you think that your business,
organization, or governmental
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Cost impact
jurisdiction qualifies as a small entity
and that this rule will have a significant
economic impact on it, please submit a
comment at the address under
ADDRESSES. In your comment, explain
why you think it qualifies and how and
to what degree this rule will
economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we offered to assist small entities
in understanding this rule so that they
could better evaluate its effects on them
and participate in the rulemaking. The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
D. Collection of Information
This rule calls for no new collection
of information or modification of an
existing collection of information under
the Paperwork Reduction Act of 1995,
44 U.S.C. 3501–3520.
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E. Federalism
A rule has implications for federalism
under Executive Order 13132
(‘‘Federalism’’) if it has a substantial
direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under Executive Order 13132
and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132. Our analysis is explained
below.
It is well settled that States may not
regulate in categories reserved for
regulation by the Coast Guard. It is also
well settled that all of the categories
covered in 46 U.S.C. 3306, 3703, 7101,
and 8101 (design, construction,
alteration, repair, maintenance,
operation, equipping, personnel
qualification, and manning of vessels),
as well as the reporting of casualties and
any other category in which Congress
intended the Coast Guard to be the sole
source of a vessel’s obligations, are
within the field foreclosed from
regulation by the States. See the
Supreme Court’s decision in United
States v. Locke and Intertanko v. Locke,
529 U.S. 89, 120 S.Ct. 1135 (2000). This
rule covers foreclosed categories as it
establishes regulations covering fire
extinguishing equipment for towing
vessels subject to inspection under 46
U.S.C. 3301 and 3306. Therefore,
because the States may not regulate
within these categories, this rule is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
jstallworth on DSKBBY8HB2PROD with RULES
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1531–1538, requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630 (‘‘Governmental Actions
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and Interference with Constitutionally
Protected Property Rights’’).
H. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, (‘‘Civil Justice Reform’’), to
minimize litigation, eliminate
ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under
Executive Order 13045 (‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’). This rule is
not an economically significant rule and
will not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’),
because it will not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under
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.
L. Technical Standards and
Incorporation by Reference
The National Technology Transfer
and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through
OMB, with an explanation of why using
these standards would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) that are
developed or adopted by voluntary
consensus standards bodies. This rule
uses the following updated voluntary
consensus standard:
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NFPA 10, Standard for Portable Fire
Extinguishers, 2010 Edition, effective
December 5, 2009. This standard applies
to the selection, installation, inspection,
maintenance, recharging, and testing of
portable fire extinguishers.
Consistent with 1 CFR part 51
incorporation by reference provisions,
this material is reasonably available.
Interested persons have access to it
through their normal course of business,
may purchase it from the organization
identified in 46 CFR 136.112(h), or may
view a copy by means we have
identified in that section.
M. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Revision
(Rev) 1, and Commandant Instruction
M16475.lD (COMTINST M16475.1D),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have concluded
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A Record of
Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
under the ‘‘Public Participation and
Request for Comments’’ section of this
preamble.
This interim final rule (IFR) is
categorically excluded under paragraphs
(34)(a), (d), and (e) of Figure 2 in
COMDTINST M16475.1D, and also
under paragraph 6(a) of the ‘‘Appendix
to National Environmental Policy Act:
Coast Guard Procedures for Categorical
Exclusions, Notice of Final Agency
Policy’’ (67 FR 48243, July 23, 2002).
This IFR updates 46 CFR subchapter M
to harmonize fire safety standards for
inspected towing vessels with those of
other commercial vessels. These matters
are editorial or procedural in nature;
involve the inspection, equipping,
equipment approval and carriage
requirements of vessels; and also
concern vessel safety standards. This
rule supports the Coast Guard’s
maritime safety mission.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
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8180
Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Rules and Regulations
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions. Documents
mentioned in this notice, and all public
comments, are in our online docket at
https://www.regulations.gov and can be
viewed by following that website’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
List of Subjects
46 CFR Part 136
Incorporation by reference, Reporting
and recordkeeping requirements,
Towing vessels.
46 CFR Part 142
Fire prevention, Incorporation by
reference, Marine safety, Reporting and
recordkeeping requirements, Towing
vessels.
For the reasons discussed in the
preamble, the Coast Guard amends 46
CFR parts 136 and 142 as follows:
PART 136—CERTIFICATION
1. The authority citation for part 136
continues to read as follows:
■
Authority: 46 U.S.C. 3103, 3301, 3306,
3308, 3316, 8104, 8904; 33 CFR 1.05; DHS
Delegation 0170.1.
2. Amend § 136.112 by revising
paragraph (h)(1) to read as follows:
■
§ 136.112
Incorporation by reference.
*
*
*
*
*
(h) * * *
(1) NFPA 10—Standard for Portable
Fire Extinguishers, 2010 Edition,
effective December 5, 2009, IBR
approved for § 142.240(a) of this
subchapter.
*
*
*
*
*
PART 142—FIRE PROTECTION
3. The authority citation for part 142
continues to read as follows:
■
Authority: 46 U.S.C. 3103, 3301, 3306,
3308, 3316, 8104, 8904; 33 CFR 1.05;
Department of Homeland Security Delegation
0170.1.
4. Amend § 142.215 as follows:
a. In paragraph (a), remove the text
‘‘hand-’’; and
■ b. Revise paragraph (c); and
■ c. Add paragraph (d).
The revision and addition read as
follows:
■
■
§ 142.215
Approved equipment.
*
*
*
*
*
(c) New installations of fireextinguishing and fire-detection
equipment of a type not required, or in
excess of that required by this part, may
be permitted—
(1) If Coast Guard approved;
(2) If accepted by the local OCMI or
TPO, as applicable; or
(3) If equipment and components are
listed and labeled by an independent
Nationally Recognized Testing
Laboratory (NRTL), as that term is
defined in 29 CFR 1910.7, and are
designed, installed, tested, and
maintained in accordance with an
appropriate industry standard and the
manufacturer’s specific guidance.
(d) Existing equipment and
installations not meeting the applicable
requirements of this part may be
continued in service so long as they are
in good condition and accepted by the
local OCMI or TPO.
5. Amend § 142.225 by revising
paragraph (d) to read as follows:
■
§ 142.225 Storage of flammable or
combustible products.
*
*
*
*
*
(d) A 40–B portable fire extinguisher
must be located near the storage room
or cabinet. This is in addition to the
portable fire extinguishers required by
tables 142.230(a) and 142.230(b) of this
part.
■
6. Revise § 142.230 to read as follows:
§ 142.230 Portable fire extinguishers and
semi-portable fire-extinguishing systems.
(a) Towing vessels of 65 feet or less
in length must carry at least the
minimum number of portable fire
extinguishers set forth in table
142.230(a).
TABLE 142.230(a)—10–B:C PORTABLE FIRE EXTINGUISHERS
Minimum number of 10–B:C portable
fire extinguishers
required 1
Length, feet
No fixed fire-extinguishing system in
machinery space
Under 26 2 ....................................................................................................................................................
26 and over, but under 40 ...........................................................................................................................
40 and over, but not over 65 .......................................................................................................................
1 One
jstallworth on DSKBBY8HB2PROD with RULES
2 See
Fixed fireextinguishing
system in
machinery space
1
2
3
0
1
2
40–B:C portable fire extinguisher may be substituted for two 10–B:C portable fire extinguishers.
§ 136.105 of this subchapter concerning vessels under 26 feet.
(b) Towing vessels of more than 65
feet in length must carry—
(1) At least the minimum number of
portable fire extinguishers set forth in
table 142.230(b); and
(2) One 40–B portable fire
extinguisher fitted in the engine room
for each 1,000 brake horsepower of the
VerDate Sep<11>2014
14:55 Feb 23, 2018
Jkt 244001
main engines or fraction thereof. A
towing vessel is not required to carry
more than six additional 40–B portable
fire extinguishers in the engine room for
this purpose, regardless of horsepower.
PO 00000
TABLE 142.230(b)—40–B:C
PORTABLE FIRE EXTINGUISHERS
Gross tonnage—
Over
Not over
50
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Minimum number
of 40–B:C
portable fire
extinguishers
1
Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Rules and Regulations
reference, see § 136.112 of this
subchapter), with the frequency
specified by NFPA 10 and as amended
ued
here:
Gross tonnage—
Minimum number
(i) Certification or licensing by a state
of 40–B:C
or local jurisdiction as a fire
portable fire
Over
Not over
extinguisher servicing agency will be
extinguishers
accepted by the Coast Guard as meeting
50 ..................
100
2 the personnel certification requirements
100 ................
500
3 of NFPA 10 for annual maintenance and
500 ................
1,000
6 recharging of extinguishers.
1,000 ............. ................
8
(ii) Monthly inspections required by
NFPA 10 may be conducted by the
(c) The frame or support of any semiowner, operator, person-in-charge, or a
portable fire extinguisher fitted with
designated member of the crew.
wheels must be welded or otherwise
(iii) Non-rechargeable or nonpermanently attached to a steel
refillable extinguishers must be
bulkhead or deck to prevent it from
inspected and maintained in accordance
rolling under heavy sea conditions.
(d) Extinguishers with larger
with NFPA 10; however, the annual
numerical ratings or multiple letter
maintenance need not be conducted by
designations may be used if the
a certified person and can be conducted
extinguishers meet the minimum
by the owner, operator, person-inrequirements of this section.
charge, or a designated member of the
crew.
■ 7. Add § 142.231 to read as follows:
(iv) The owner or managing operator
§ 142.231 Exception for portable and semimust provide satisfactory evidence of
portable fire extinguishers required for
the required servicing to the marine
existing towing vessels.
inspector or TPO, as applicable. If any
(a) Previously installed fire
of the equipment or records have not
extinguishers with extinguishing
capacities smaller than what is required been properly maintained, a qualified
servicing facility must perform the
by § 142.230 of this part need not be
required inspections, maintenance
replaced and may be continued in
procedures, and hydrostatic pressure
service so long as they are maintained
tests. A tag issued by a qualified
in good condition to the satisfaction of
servicing organization, and attached to
the OCMI.
each extinguisher, may be accepted as
(b) All new equipment and
evidence that the necessary
installations must meet the applicable
maintenance procedures have been
requirements in this part for new
conducted.
vessels.
(2) Fixed fire-extinguishing systems
■ 8. Amend § 142.240 by revising
must be inspected and tested, as
paragraphs (a) introductory text, (a)(1)
required by table 142.240 of this section,
and (2), the heading for Table 142.240,
in addition to the tests required by
and paragraph (c)(2) to read as follows:
§§ 147.60 and 147.65 of subchapter N of
§ 142.240 Inspection, testing,
this chapter.
maintenance, and records.
*
*
*
*
*
(a) Inspection and testing. All portable
Table 142.240 to paragraph (a)—Fixed
fire extinguishers, semi-portable firefire-extinguishing systems
extinguishing systems, fire-detection
systems, and fixed fire-extinguishing
*
*
*
*
*
systems, including ventilation,
machinery shutdowns, and fixed fire*
*
*
*
*
extinguishing system pressure-operated
(c) * * *
dampers on board the vessel, must be
(2) The records of inspections and
inspected or tested at least once every
tests of portable fire extinguishers and
12 months, as prescribed in paragraphs
(a)(1) through (8) of this section, or more semi-portable fire-extinguishing systems
may be recorded in accordance with
frequently if otherwise required by the
paragraph (c)(1) of this section, or on a
TSMS applicable to the vessel.
tag attached to each unit by a qualified
(1) Portable and semi-portable fire
servicing organization.
extinguishers must be inspected,
maintained, and tested in accordance
§ 142.315 [Amended]
with the inspection, maintenance
procedures, and hydrostatic pressure
■ 9. Amend § 142.315 by removing the
tests required by Chapters 7 and 8 of
text ‘‘B–V’’ in paragraphs (a)(3)(i) and
NFPA 10, Standard for Portable Fire
(b)(1) and adding in its place the text
Extinguishers (incorporated by
‘‘160–B’’.
jstallworth on DSKBBY8HB2PROD with RULES
TABLE 142.230(b)—40–B:C PORTABLE FIRE EXTINGUISHERS—Contin-
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8181
Dated: February 15, 2018.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2018–03733 Filed 2–23–18; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 73
[MB Docket No. 17–106; Report No. 3086]
Petition for Partial Reconsideration of
Action in Rulemaking Proceeding
Federal Communications
Commission.
AGENCY:
ACTION:
Petition for reconsideration.
A Petition for Partial
Reconsideration (Petition) has been filed
in the Commission’s rulemaking
proceeding by Dan J. Alpert, on behalf
of DA LA HUNT BROADCASTING
CORP.
SUMMARY:
Oppositions to the Petition must
be filed on or before March 13, 2018.
Replies to an opposition must be filed
on or before March 23, 2018.
DATES:
Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Diana Sokolow, phone: 202–418–0588,
email: Diana.Sokolow@FCC.gov.
This is a
summary of the Commission’s
document, Report No. 3086, released
February 15, 2018. The full text of the
Petition is available for viewing and
copying at the FCC Reference
Information Center, 445 12th Street SW,
Room CY–A257, Washington, DC 20554.
It also may be accessed online via the
Commission’s Electronic Comment
Filing System at: https://apps.fcc.gov/
ecfs/. The Commission will not send a
Congressional Review Act (CRA)
submission to Congress or the
Government Accountability Office
pursuant to the CRA, 5.U.S.C. because
no rules are being adopted by the
Commission.
Subject: Elimination of Main Studio
Rule, MB Docket No. 17–106, FCC 17–
137, published at 82 FR 57876,
December 8, 2017. This document is
being published pursuant to 47 CFR
1.429(e). See also 47 CFR 1.4(b)(1) and
1.429(f), (g).
Number of Petitions Filed: 1.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\26FER1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 38 (Monday, February 26, 2018)]
[Rules and Regulations]
[Pages 8175-8181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03733]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 136 and 142
[Docket No. USCG-2017-1060]
RIN 1625-AC43
Harmonization of Fire Protection Equipment Standards for Towing
Vessels
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is issuing an interim final rule to apply
changes made by the 2016 final rule, Harmonization of Standards for
Fire Protection, Detection, and Extinguishing Equipment, to inspected
towing vessels. Applying these updated fire protection requirements to
inspected towing vessels will align regulations for inspected towing
vessels with other commercial vessel regulations.
DATES: This interim final rule is effective March 28, 2018. Comments
and related material must be submitted to the online docket via https://www.regulations.gov on or before March 28, 2018. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register on March 28, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-1060 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section of this
document for further instructions on submitting comments.
Viewing material proposed for incorporation by reference. Make
arrangements to view this material by contacting the person identified
in the FOR FURTHER INFORMATION CONTACT section of this document.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email LT Alexandra Miller, Office of Design and Engineering
Standards, Lifesaving and Fire Safety Division (CG-ENG-4), Coast Guard;
telephone 202-372-1356, email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Discussion of the Rule
IV. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
V. Public Participation and Request for Comments
I. Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
Fire Protection rule Harmonization of Standards for Fire
Protection, Detection, and Extinguishing Equipment final rule, 81 FR
48220, July 22, 2016
FR Federal Register
IFR Interim final rule
NFPA 10 National Fire Protection Association Standard for
Portable Fire Extinguishers, 2010 edition
OMB Office of Management and Budget
RA Regulatory Analysis
Sec. Section symbol
Subchapter M 46 CFR subchapter M--Towing Vessels
U.S.C. United States Code
II. Basis and Purpose, and Regulatory History
This interim final rule harmonizes fire protection requirements
regarding portable and semi-portable fire extinguishers on inspected
towing vessels with the requirements for other commercial vessels in
Title 46 of the Code of Federal Regulations (CFR), including
uninspected towing vessels. The Coast Guard may regulate fire
protection equipment on inspected towing vessels under statutory
authority found in 46 U.S.C. 3301 and 3306, which was delegated by the
Secretary of Homeland Security to the Coast Guard in DHS Delegation
Number 0170.1(II)(92).
The Coast Guard issues this rule without prior notice and
opportunity for public comment. Section 553(b)(B) of the Administrative
Procedure Act provides an exception from notice and comment
requirements when an agency finds that notice and comment are
``impracticable, unnecessary, or contrary to the public interest.'' In
accordance with 5 U.S.C. 553(b)(B), the Coast Guard finds that notice
and comment are unnecessary because this rule would not require a
substantive change of fire protection equipment on towing vessels, and
would align with regulatory requirements already met by all existing
towing vessels. This rule will revise 46 CFR subchapter M to require
inspected towing vessels to meet fire protection equipment requirements
that already apply to other commercial vessels, including uninspected
towing vessels. The Coast Guard updated these standards in its 2016
Fire Protection rule. At the time the Coast Guard updated the fire
protection equipment requirements for other commercial vessels, there
were no towing vessels inspected under subchapter M: The Coast Guard
established subchapter M in a June 2016 rule that published one month
prior to the Fire Protection rule, and, as a practical matter, did not
place requirements on any towing vessel until July 2017 or later.\1\
Because of the timing of subchapter M requirements, at this time
uninspected towing vessels are subject to the more modern Fire
Protection rule provisions. This rule corrects the anomalous situation
whereby a towing vessel transitioning from uninspected to inspected
status would be required to comply with the previous standards instead
of the updated Fire Protection rule. Moreover, all existing marine fire
extinguishers already meet the requirements of this interim final rule,
and the number of extinguishers required on a vessel will not change.
Because this rule will not require any existing vessel to change its
equipment or practices, the Coast Guard finds good cause to forgo
notice and opportunity to comment.
---------------------------------------------------------------------------
\1\ The Inspection of Towing Vessels final rule published on
June 20, 2016 (81 FR 40003). It gave existing towing vessels 2 years
or more to comply with the rule, and defined ``new towing vessel''
such that no vessel would be subject to new vessel requirements
until at least July 20, 2017. See discussion at 81 FR 40061.
---------------------------------------------------------------------------
[[Page 8176]]
III. Discussion of the Rule
Under existing regulations, towing vessels must carry Coast Guard-
approved fire extinguishers.\2\ Historically, the labels on all Coast
Guard-approved fire extinguishers displayed two ratings: A performance
rating determined by testing to the industry consensus standard UL 711,
and a USCG Type/Size rating based on type of fire and the quantity of
extinguishing agent. In its Fire Protection rule, the Coast Guard
eliminated the USCG Type/Size rating requirement from 46 CFR part 162
in favor of the UL standard, but the fire protection regulations in 46
CFR subchapter M are still framed in terms of USCG Type/Size rating.
This rule will change those provisions in part 142 of subchapter M to
reflect the UL standard instead, matching the changes made by the Fire
Protection rule.
---------------------------------------------------------------------------
\2\ See 46 CFR part 142 subpart B for inspected towing vessels,
and 46 CFR subpart 25.30 for uninspected towing vessels.
---------------------------------------------------------------------------
This rule does not change the number of extinguishers required, and
an extinguisher that displays the USCG Type/Size rating may still be
used if it meets all other requirements. This rule adds a
grandfathering clause in section 142.231(a), identical to one that
appears in 46 CFR 25.30-80 as a result of the Fire Protection rule, in
order to avoid any new obligation on uninspected vessels that become
inspected and subject to subchapter M. For similar reasons, section
142.240 makes semi-portable fire extinguishers subject to the rules for
portable extinguishers instead of fixed fire extinguishing systems;
this change matches the treatment of semi-portable extinguishers on
similar vessels subject to 46 CFR part 25.
In addition, this rule revises maintenance requirements for fire
extinguishers. Subchapter M had required extinguisher maintenance in
accordance with the industry consensus standard NFPA 10, which requires
certified personnel to conduct annual fire extinguishing equipment
maintenance. NFPA 10 also requires monthly visual inspections and
documentation by certified personnel. Section 142.240 provides for some
departures from NFPA 10 to: Allow for the acceptance of state and local
licenses for inspections; allow an owner, operator, or qualified
crewmember to complete monthly inspections (as opposed to certified
personnel); and reduce the requirements of the annual inspection for
non-rechargeable extinguishers. These modifications are consistent with
those put into place for other commercial vessels, including
uninspected towing vessels, by the Fire Protection rule. Section
142.240(a) also imports a provision from the Fire Protection rule
requiring that if the marine inspector or third-party organization
finds that equipment or records are not properly maintained, then a
qualified servicing facility must perform the required activities. This
provision is less stringent than the NFPA 10 provision in the original
subchapter M text.
Finally, this rule makes non-substantive changes such as replacing
the term ``hand-portable'' with ``portable.'' It also updates the
edition of NFPA 10 from 2007 to the 2010 edition used in the Fire
Protection rule; there are no substantive changes between these two
editions.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of E.O. 12866.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum ``Guidance Implementing Executive Order 13771, Titled
`Reducing Regulation and Controlling Regulatory Costs' '' (April 5,
2017). A regulatory analysis (RA) follows.
This interim final rule (IFR) will update the fire safety rules in
subchapter M to incorporate changes brought about by the publication of
the Fire Protection final rule. Specifically, fire extinguisher ratings
and carriage requirements must all be brought up to date. Affected
sections of subchapter M (all located in 46 CFR part 142, Fire
Protection) are: Sec. Sec. 142.215(a), (c) and (d); 142.225(d);
142.230; new 142.231; 142.240; and 142.315(a)(3)(i) and (b)(1).
Table 1 presents a summary of the impacts of this rule.
Table 1--Summary of Impacts of the Rule
------------------------------------------------------------------------
Category Summary
------------------------------------------------------------------------
Applicability.......................... Towing vessels required to be
inspected under subchapter M.
Affected population.................... 5,509 towing vessels.
Costs.................................. No costs identified.
Benefits............................... Harmonizes with Fire Protection
to provide consistent guidance
to industry.
------------------------------------------------------------------------
Affected Population
The affected population consists of the U.S. flagged towing vessels
subject to the provisions of subchapter M. The RA performed for the
Inspection of Towing Vessels final rule identified 5,509 towing vessels
that will be affected and concluded that the long-term pattern was a
steady-state population. We have no new information to revise that
conclusion
[[Page 8177]]
and will use the population from that rule for this analysis.
Cost Analysis
This interim final rule contains 29 changes to the fire protection
regulations in subchapter M. A summary of these changes follows:
Made eighteen minor edits to the regulatory text to
harmonize subchapter M text with Fire Protection (e.g., ``hand
portable'' to ``portable''); update technical references (e.g. ``B-1''
to ``10-B:C:''); correct grammatical errors or improve clarity; and
harmonize references to other sections within subchapter M.
Revised five paragraphs to either consolidate or edit
existing text for clarity, or delete text that is no longer needed.
Added three new provisions to increase industry options to
comply with NFPA 10. An example is to allow for the acceptance of state
and local licenses for inspections.
Added a new paragraph to allow equipment beyond the
regulatory minimum.
Added a new paragraph to allow continued use of existing
dual-label equipment.
Added a new provision that restates current recordkeeping
requirements.
Overall, the Coast Guard has not identified any costs associated
with these changes. The changes and economic impacts are described in
Table 2.
Table 2--Assessment of Cost Impacts of the Rule
----------------------------------------------------------------------------------------------------------------
Description of change Type of change Cost impact
----------------------------------------------------------------------------------------------------------------
Subpart B--List of Sections
Change ``Hand-portable'' to Non-substantive text No cost.
``Portable''. edit for consistent
usage.
Add new section title ``142.231 Non-substantive text No cost.
Exception for portable and edit to consolidate
semi-portable extinguishers requirements for new
required for existing towing and existing vessels.
vessels.''
Sec. 142.215(a)
Change ``Hand-portable'' to Non-substantive text No cost.
``Portable.''. edit for consistent
usage.
Sec. 142.215(c)
Edit and reorganize paragraph Non-substantive text No cost.
for clarity. edit only.
Moved the last sentence to new Non-substantive text No cost.
paragraph Sec. 142.215(d). edit only.
Sec. 142.215(d)
Created new paragraph Sec. Non-substantive text No cost.
142.215(d) that contains the edit only.
last sentence of former Sec.
142.215(c).
Sec. 142.225(d)
Change equipment type from ``B- Non-substantive text No cost.
II'' to ``40-B'' and other edit for consistent
edits. usage.
Edit and reorganize paragraph Non-substantive text No cost.
for clarity. edit only.
Sec. 142.230
Change ``Hand-portable'' to Non-substantive text No cost.
``Portable''. edit for consistent
usage.
Sec. 142.230(a), (b), & (c)
Delete, refers to labeling Removal of outdated No cost.
system that is no longer in labeling terms.
use. Former paragraphs (d) and
(e) now (a) and (b).
Sec. 142.230(d)(1) new Sec.
142.230(a)
Change ``B-I'' to ``10-B:C'', Change to labeling No cost.
``Hand-portable'' to terms.
``Portable'', and ``B-II'' to
``40-B:C.''
Sec. 142.230(d)(2) new Sec.
142.230(b)
Change ``Hand-portable'' to Non-substantive text No cost.
``Portable''. edit for consistent
usage.
Change ``a'' to ``At'' and Non-substantive text No cost.
correct references to table edit only.
and paragraph.
In Table 142.230(d)(2), change Change to labeling No cost.
``B-II'' to ``40-B:C''. terms.
Sec. 142.230(d)(2)(ii)
Delete paragraph as no longer Non-substantive text No cost.
needed. edit only.
Sec. 142.230(e) new Sec.
142.230(c)
Change paragraph reference and Removal of outdated No cost.
change reference to sizes to labeling terms.
``any.''
New Sec. 142.230(d)
Allow for equipment beyond New text............. No cost, no mandated requirements.
regulatory minimum.
Sec. 142.231(a)
Add provision to accept current New text............. No cost, no mandated requirements.
equipment and continue use of
dual-label equipment.
Sec. 142.231(b)
Reference requirements in part New text............. No cost, subchapter M applies to new vessels.
142 for new vessels.
Sec. 142.240(a)
Change ``Hand-portable'' to Non-substantive text No cost.
``Portable''. edit for consistent
usage.
Sec. 142.240(a)(1)(i)
Move requirements for semi- Align with 46 CFR No cost.
portable equipment from Sec. part 25.
142.240(a)(2) to this sub-
paragraph.
Delete references to Table Non-substantive text No cost.
142.240 as this is redundant edit for clarity.
with existing text.
[[Page 8178]]
Allow for the acceptance of New text............. No cost, no mandated requirements.
state and local licenses for
inspections.
Sec. 142.240(a)(1)(ii)
Modify requirements of NFPA 10 New text............. No cost, no mandated requirements.
to allow monthly inspections
by owner, operator, person-in-
charge, or crew member.
Sec. 142.240(a)(1)(iii)
Modify requirements of NFPA 10 New text............. No cost, no mandated requirements.
to allow annual maintenance by
owner, operator, person-in-
charge, or crew member.
Sec. 142.240(a)(1)(iv)
Maintain evidence of servicing New text............. No cost, current industry practice.
and provide to inspector. If
evidence is unsatisfactory,
prescribed examinations,
maintenance, and tests must be
conducted.
Sec. 142.240(a)(2)
Delete ``semi-portable.''...... Align with 46 CFR No cost, current industry practice.
part 25 and NFPA 10.
Sec. 142.240, Table 142.240
Delete ``semi-portable''....... Align with 46 CFR No cost, current industry practice.
part 25 and NFPA 10.
Sec. 142.240(c)(2)
Change ``Hand-portable'' to Non-substantive text No cost.
``Portable''. edit for consistent
usage.
Sec. 142.315(a)(3)(i) & (b)(1)
Change ``B-V'' to ``160-B.''... Change to labeling No cost.
terms.
----------------------------------------------------------------------------------------------------------------
Benefits
The primary benefit of this interim final rule is to align the fire
safety rules in subchapter M with the changes brought about by the
publication of the Fire Protection rule. The changes include removal of
a labeling requirement, and flexibility in the application of NFPA 10.
This will provide a consistent set of fire protection requirements to
towing vessel owners and operators.
Alternatives
When creating this interim final rule, the Coast Guard considered
several alternatives. The previous analysis represents the preferred
alternative, which will align fire protection requirements in
subchapter M with the Fire Protection rule.
Alternative 1: Preferred Alternative
The preferred alternative is to update the fire safety rules in
subchapter M to match changes made by the Fire Protection rule. The
analysis for this alternative appears in the ``Regulatory Analysis''
section of the preamble of this interim final rule.
Alternative 2: No Action Alternative
In this alternative, the Coast Guard would take no action regarding
the differences between 46 CFR part 25 and 46 CFR part 142. As this
would impose an inconvenience to industry by not removing the outdated
labeling requirement, we reject this alternative.
Alternative 3: Not Including New Options
This option would remove the outdated labeling requirement for fire
extinguishers, but would not provide for any flexibility in applying
the requirements of NFPA 10. The benefit of this alternative is the
harmonization of text with other fire protection regulations, including
those that already apply to uninspected towing vessels. This
alternative would not add any new costs, as NFPA 10 is referenced in
subchapter M, but would not offer any new compliance options.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
Our economic analysis concluded that this interim final rule will
have no cost impact and will not affect the small entities that own and
operate the towing vessels that comprise the affected population,
described above. Therefore, the Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will have a
significant economic impact on it, please submit a comment at the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule will economically affect
it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offered to assist small
entities in understanding this rule so that they could better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This rule calls for no new collection of information or
modification of an existing collection of information under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
[[Page 8179]]
E. Federalism
A rule has implications for federalism under Executive Order 13132
(``Federalism'') if it has a substantial direct effect on States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this rule under Executive Order 13132
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132. Our analysis is explained below.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and
8101 (design, construction, alteration, repair, maintenance, operation,
equipping, personnel qualification, and manning of vessels), as well as
the reporting of casualties and any other category in which Congress
intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. See the Supreme Court's decision in United States v. Locke and
Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). This rule
covers foreclosed categories as it establishes regulations covering
fire extinguishing equipment for towing vessels subject to inspection
under 46 U.S.C. 3301 and 3306. Therefore, because the States may not
regulate within these categories, this rule is consistent with the
fundamental federalism principles and preemption requirements described
in Executive Order 13132.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538,
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630 (``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'').
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, (``Civil Justice Reform''), to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045
(``Protection of Children from Environmental Health Risks and Safety
Risks''). This rule is not an economically significant rule and will
not create an environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 (``Consultation and Coordination with Indian Tribal
Governments''), because it will not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under 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.
L. Technical Standards and Incorporation by Reference
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule uses the following updated voluntary consensus standard:
NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition,
effective December 5, 2009. This standard applies to the selection,
installation, inspection, maintenance, recharging, and testing of
portable fire extinguishers.
Consistent with 1 CFR part 51 incorporation by reference
provisions, this material is reasonably available. Interested persons
have access to it through their normal course of business, may purchase
it from the organization identified in 46 CFR 136.112(h), or may view a
copy by means we have identified in that section.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Revision (Rev) 1, and Commandant
Instruction M16475.lD (COMTINST M16475.1D), which guide the Coast Guard
in complying with the National Environmental Policy Act of 1969 (42
U.S.C. 4321-4370f), and have concluded that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated under the ``Public Participation and Request for
Comments'' section of this preamble.
This interim final rule (IFR) is categorically excluded under
paragraphs (34)(a), (d), and (e) of Figure 2 in COMDTINST M16475.1D,
and also under paragraph 6(a) of the ``Appendix to National
Environmental Policy Act: Coast Guard Procedures for Categorical
Exclusions, Notice of Final Agency Policy'' (67 FR 48243, July 23,
2002). This IFR updates 46 CFR subchapter M to harmonize fire safety
standards for inspected towing vessels with those of other commercial
vessels. These matters are editorial or procedural in nature; involve
the inspection, equipping, equipment approval and carriage requirements
of vessels; and also concern vessel safety standards. This rule
supports the Coast Guard's maritime safety mission.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment
[[Page 8180]]
applies, and provide a reason for each suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted or a final rule is published.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
List of Subjects
46 CFR Part 136
Incorporation by reference, Reporting and recordkeeping
requirements, Towing vessels.
46 CFR Part 142
Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements, Towing vessels.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR parts 136 and 142 as follows:
PART 136--CERTIFICATION
0
1. The authority citation for part 136 continues to read as follows:
Authority: 46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904;
33 CFR 1.05; DHS Delegation 0170.1.
0
2. Amend Sec. 136.112 by revising paragraph (h)(1) to read as follows:
Sec. 136.112 Incorporation by reference.
* * * * *
(h) * * *
(1) NFPA 10--Standard for Portable Fire Extinguishers, 2010
Edition, effective December 5, 2009, IBR approved for Sec. 142.240(a)
of this subchapter.
* * * * *
PART 142--FIRE PROTECTION
0
3. The authority citation for part 142 continues to read as follows:
Authority: 46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904;
33 CFR 1.05; Department of Homeland Security Delegation 0170.1.
0
4. Amend Sec. 142.215 as follows:
0
a. In paragraph (a), remove the text ``hand-''; and
0
b. Revise paragraph (c); and
0
c. Add paragraph (d).
The revision and addition read as follows:
Sec. 142.215 Approved equipment.
* * * * *
(c) New installations of fire-extinguishing and fire-detection
equipment of a type not required, or in excess of that required by this
part, may be permitted--
(1) If Coast Guard approved;
(2) If accepted by the local OCMI or TPO, as applicable; or
(3) If equipment and components are listed and labeled by an
independent Nationally Recognized Testing Laboratory (NRTL), as that
term is defined in 29 CFR 1910.7, and are designed, installed, tested,
and maintained in accordance with an appropriate industry standard and
the manufacturer's specific guidance.
(d) Existing equipment and installations not meeting the applicable
requirements of this part may be continued in service so long as they
are in good condition and accepted by the local OCMI or TPO.
0
5. Amend Sec. 142.225 by revising paragraph (d) to read as follows:
Sec. 142.225 Storage of flammable or combustible products.
* * * * *
(d) A 40-B portable fire extinguisher must be located near the
storage room or cabinet. This is in addition to the portable fire
extinguishers required by tables 142.230(a) and 142.230(b) of this
part.
0
6. Revise Sec. 142.230 to read as follows:
Sec. 142.230 Portable fire extinguishers and semi-portable fire-
extinguishing systems.
(a) Towing vessels of 65 feet or less in length must carry at least
the minimum number of portable fire extinguishers set forth in table
142.230(a).
Table 142.230(a)--10-B:C Portable Fire Extinguishers
------------------------------------------------------------------------
Minimum number of 10-B:C portable
fire extinguishers required \1\
-------------------------------------
Length, feet No fixed fire- Fixed fire-
extinguishing extinguishing
system in system in
machinery space machinery space
------------------------------------------------------------------------
Under 26 \2\...................... 1 0
26 and over, but under 40......... 2 1
40 and over, but not over 65...... 3 2
------------------------------------------------------------------------
\1\ One 40-B:C portable fire extinguisher may be substituted for two 10-
B:C portable fire extinguishers.
\2\ See Sec. 136.105 of this subchapter concerning vessels under 26
feet.
(b) Towing vessels of more than 65 feet in length must carry--
(1) At least the minimum number of portable fire extinguishers set
forth in table 142.230(b); and
(2) One 40-B portable fire extinguisher fitted in the engine room
for each 1,000 brake horsepower of the main engines or fraction
thereof. A towing vessel is not required to carry more than six
additional 40-B portable fire extinguishers in the engine room for this
purpose, regardless of horsepower.
Table 142.230(b)--40-B:C Portable Fire Extinguishers
------------------------------------------------------------------------
Gross tonnage-- Minimum number
------------------------------------------------------- of 40-B:C
portable fire
Over Not over extinguishers
------------------------------------------------------------------------
50 1
[[Page 8181]]
50......................................... 100 2
100........................................ 500 3
500........................................ 1,000 6
1,000...................................... ......... 8
------------------------------------------------------------------------
(c) The frame or support of any semi-portable fire extinguisher
fitted with wheels must be welded or otherwise permanently attached to
a steel bulkhead or deck to prevent it from rolling under heavy sea
conditions.
(d) Extinguishers with larger numerical ratings or multiple letter
designations may be used if the extinguishers meet the minimum
requirements of this section.
0
7. Add Sec. 142.231 to read as follows:
Sec. 142.231 Exception for portable and semi-portable fire
extinguishers required for existing towing vessels.
(a) Previously installed fire extinguishers with extinguishing
capacities smaller than what is required by Sec. 142.230 of this part
need not be replaced and may be continued in service so long as they
are maintained in good condition to the satisfaction of the OCMI.
(b) All new equipment and installations must meet the applicable
requirements in this part for new vessels.
0
8. Amend Sec. 142.240 by revising paragraphs (a) introductory text,
(a)(1) and (2), the heading for Table 142.240, and paragraph (c)(2) to
read as follows:
Sec. 142.240 Inspection, testing, maintenance, and records.
(a) Inspection and testing. All portable fire extinguishers, semi-
portable fire-extinguishing systems, fire-detection systems, and fixed
fire-extinguishing systems, including ventilation, machinery shutdowns,
and fixed fire-extinguishing system pressure-operated dampers on board
the vessel, must be inspected or tested at least once every 12 months,
as prescribed in paragraphs (a)(1) through (8) of this section, or more
frequently if otherwise required by the TSMS applicable to the vessel.
(1) Portable and semi-portable fire extinguishers must be
inspected, maintained, and tested in accordance with the inspection,
maintenance procedures, and hydrostatic pressure tests required by
Chapters 7 and 8 of NFPA 10, Standard for Portable Fire Extinguishers
(incorporated by reference, see Sec. 136.112 of this subchapter), with
the frequency specified by NFPA 10 and as amended here:
(i) Certification or licensing by a state or local jurisdiction as
a fire extinguisher servicing agency will be accepted by the Coast
Guard as meeting the personnel certification requirements of NFPA 10
for annual maintenance and recharging of extinguishers.
(ii) Monthly inspections required by NFPA 10 may be conducted by
the owner, operator, person-in-charge, or a designated member of the
crew.
(iii) Non-rechargeable or non-refillable extinguishers must be
inspected and maintained in accordance with NFPA 10; however, the
annual maintenance need not be conducted by a certified person and can
be conducted by the owner, operator, person-in-charge, or a designated
member of the crew.
(iv) The owner or managing operator must provide satisfactory
evidence of the required servicing to the marine inspector or TPO, as
applicable. If any of the equipment or records have not been properly
maintained, a qualified servicing facility must perform the required
inspections, maintenance procedures, and hydrostatic pressure tests. A
tag issued by a qualified servicing organization, and attached to each
extinguisher, may be accepted as evidence that the necessary
maintenance procedures have been conducted.
(2) Fixed fire-extinguishing systems must be inspected and tested,
as required by table 142.240 of this section, in addition to the tests
required by Sec. Sec. 147.60 and 147.65 of subchapter N of this
chapter.
* * * * *
Table 142.240 to paragraph (a)--Fixed fire-extinguishing systems
* * * * *
* * * * *
(c) * * *
(2) The records of inspections and tests of portable fire
extinguishers and semi-portable fire-extinguishing systems may be
recorded in accordance with paragraph (c)(1) of this section, or on a
tag attached to each unit by a qualified servicing organization.
Sec. 142.315 [Amended]
0
9. Amend Sec. 142.315 by removing the text ``B-V'' in paragraphs
(a)(3)(i) and (b)(1) and adding in its place the text ``160-B''.
Dated: February 15, 2018.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2018-03733 Filed 2-23-18; 8:45 am]
BILLING CODE 9110-04-P
