Fire Protection for Recreational Vessels, 58560-58573 [2021-22578]

Download as PDF 58560 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations Houses of Congress are in session. The Act does not prevent FCA from identifying an effective date that provides more than the minimum required amount of time. The Standards of Conduct rule was expected to be effective on or about November 3, 2021, but the FCA Board voted on October 18, 2021 to delay the effective date to January 1, 2023. FCA believes postponing the effective date will allow System institutions the necessary time to develop and implement the required Standards of Conduct policies, as well as train directors and employees on the new requirements. We are inviting the public to comment on the change in effective date. You may submit comments on this action within 30 days of this notice by any of the following methods: • Email: Send us an email at regcomm@fca.gov. • Agency Website: https:// www.fca.gov. Once you are at the website, select the ‘‘I want to . . .’’ field near the top of the page; select ‘‘comment on a pending regulation’’ from the dropdown menu; and click ‘‘Go’’. • Mail: Kevin J. Kramp, Director, Office of Regulatory Policy, Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102–5090. If FCA receives significant adverse comments on delaying the effective date for this rule, FCA will publish a notice withdrawing this notice that will indicate how the agency will proceed. Dated: October 19, 2021. Dale Aultman, Secretary, Farm Credit Administration. [FR Doc. 2021–23062 Filed 10–21–21; 8:45 am] BILLING CODE 6705–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 1 and 175 46 CFR Part 25 [Docket No. USCG–2018–0099] RIN 1625–AC41 lotter on DSK11XQN23PROD with RULES1 Fire Protection for Recreational Vessels Coast Guard, Department of Homeland Security (DHS). ACTION: Final rule. AGENCY: The Coast Guard is amending fire extinguishing equipment regulations for recreational vessels that SUMMARY: VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 are propelled or controlled by propulsion machinery. This rule relieves owners of these recreational vessels from certain inspection, maintenance, and recordkeeping requirements that are more suited for commercial vessels. To make it easier to find these regulations, this rule also relocates the regulations to another part of the Code of Federal Regulations. DATES: This final rule is effective April 20, 2022. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2018– 0099 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ FOR FURTHER INFORMATION CONTACT: For information about this document, call or email Jeffrey Decker, Office of Auxiliary and Boating Safety, Boating Safety Division (CG–BSX–2), Coast Guard; telephone 202–372–1507, email RBSinfo@uscg.mil. SUPPLEMENTARY INFORMATION: Table of Contents for Preamble I. Abbreviations II. Purpose, Basis, and Regulatory History A. Purpose B. Basis and Regulatory History III. Background IV. Discussion of Comments and Changes A. National Fire Protection Association (NFPA) Comments B. Burden Estimates of NFPA Requirements on Recreational Boaters C. Vagueness of the Coast Guard’s ‘‘Good and Serviceable’’ Standard D. Health and Safety Risks E. Frequency of Portable Fire Extinguisher Inspections F. Relocation of Fire Extinguishing Requirements From 46 CFR to 33 CFR G. Classes of Portable Fire Extinguishers Required To Be Carried H. Number of Portable Fire Extinguishers Required To Be Carried I. Standard for Fixed Fire Extinguishing Systems J. Requirements for Coast GuardDocumented Vessels and StateRegistered Vessels K. Need for Greater Public Awareness V. Discussion of the Rule A. What This Rule Does B. Changes From the Proposed Rule VI. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 I. Abbreviations CATEX Categorical exclusion COMDTINST Commandant Instruction CFR Code of Federal Regulations DHS Department of Homeland Security Fire Protection rule Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment (81 FR 48219, July 22, 2016) FR Federal Register NBSAC National Boating Safety Advisory Council NFPA National Fire Protection Association NFPA 10 NFPA 10 Standard for Portable Fire Extinguishers, 2010 edition NPRM Notice of proposed rulemaking OMB Office of Management and Budget RA Regulatory analysis § Section U.S.C. United States Code II. Purpose, Basis, and Regulatory History A. Purpose The Coast Guard is amending portable fire extinguishing equipment requirements for recreational vessels that are propelled or controlled by propulsion machinery. We are relieving owners of these recreational vessels from certain inspection, maintenance, and recordkeeping requirements of National Fire Protection Association (NFPA) 10 (2010 edition). These requirements are more suited for commercial vessels. This rule does not alter standards for commercial vessels including vessels carrying passengers for hire, or have any effect on recreational vessels that do not use propulsion machinery. This rule also moves fire extinguishing equipment rules for recreational vessels from subpart 25.30 (Fire Extinguishing Equipment) of subchapter C (Uninspected Vessels) of title 46 of the Code of Federal Regulations (CFR) to part 175 of subchapter S (Boating Safety) of title 33, where other recreational vessel rules already exist. B. Basis and Regulatory History The Secretary of Homeland Security is authorized by 46 U.S.C. 4302(a)(2) to prescribe regulations requiring the installation, carrying, or use of firefighting equipment and prohibiting the installation, carrying, or use of equipment that does not conform to the safety standards established under section 4302. The Secretary of Homeland Security has delegated this authority to the Coast Guard by Department of Homeland Security (DHS) Delegation No. 0170.1(II)(92)(b). The Commandant has redelegated this authority to the Assistant Commandant for Response Policy as described in 33 CFR 1.05–1(d). E:\FR\FM\22OCR1.SGM 22OCR1 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations The Coast Guard published a notice of proposed rulemaking (NPRM) in the Federal Register (FR) on May 13, 2019, ‘‘Fire Protection for Recreational Vessels.’’ 1 The NPRM proposed to relieve recreational vessel owners from the inspection, maintenance, and recordkeeping requirements of NFPA 10 and to consolidate recreational boating safety requirements into 33 CFR chapter I, subchapter S. Instead of applying NFPA 10 and requiring monthly visual inspections, annual maintenance, and recordkeeping, we proposed that portable fire extinguishers on recreational vessels be maintained in ‘‘good and serviceable’’ condition. The NPRM solicited comments and provided a 60-day comment period that ended on July 12, 2019. Based on those comments, we have made changes in this final rule, as discussed in section IV. III. Background On July 22, 2016, the Coast Guard published the final rule, ‘‘Harmonization Standards for Fire Protection, Detection, and Extinguishing Equipment’’ (the ‘‘Fire Protection rule’’) in the Federal Register.2 The Fire Protection rule revised Coast Guard fire safety requirements for uninspected vessels (46 CFR chapter I, subchapter C) to meet international and common industry standards. Among the revisions, the Coast Guard required vessel owners to comply with NFPA 10.3 This standard requires vessel owners and operators to complete monthly visual inspections of portable fire extinguishers,4 perform annual maintenance of portable fire extinguishers,5 and maintain records of the inspections and maintenance.6 The Coast Guard allowed the required monthly inspections to be carried out by the vessel owner, operator, person-incharge, or a designated member of the crew, rather than by a certified person as required in NFPA 10.7 The Fire Protection rule also allowed these individuals to perform annual maintenance on non-rechargeable (also known as ‘‘disposable’’) extinguishers but retained the NFPA 10 requirement 1 84 lotter on DSK11XQN23PROD with RULES1 2 81 FR 20827, May 13, 2019. FR 48219, July 22, 2016 (effective August 22, 2016). 3 The NFPA is a non-profit organization that develops technical codes and consensus standards to eliminate death, injury, property, and economic loss due to fire, electrical, and related hazards. NFPA 10 lists requirements to ensure that portable fire extinguishers will work as intended to provide a first line of defense against fires of limited size. 4 NFPA 10 section 7.2.1.2. 5 NFPA 10 section 7.3.1.1.1. 6 NFPA 10 sections 7.2.4 and 7.3.3. 7 33 CFR 145.01(b)(2). VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 that rechargeable extinguishers be maintained by a certified person such as a licensed servicing agency.8 The only exception to these inspection, recordkeeping, and maintenance requirements was for extinguishers built before 1965, in which the Coast Guard maintained their previous and separate inspection and maintenance requirements specific to those types of extinguishers.9 The Coast Guard’s changes to the inspection and maintenance requirements in the Fire Protection rule were intended to apply to all vessels, including recreational vessels, in order to align inspection and maintenance requirements with common industry practice for fire extinguisher maintenance.10 (The NPRM for this action stated that the NFPA 10 requirements were ‘‘unintentionally’’ applied to recreational boaters in 2016 by the Fire Protection rule. It would have been more correct to say that 2016 rule did not recognize the full burden on recreational vessels.) They were also intended to provide a more complete set of maintenance and inspection requirements than what currently existed in Coast Guard regulations for extinguishers manufactured since 1965.11 In the regulatory analysis accompanying the Fire Protection rule, we stated that we did not anticipate recreational vessel owners would incur any additional costs due to these provisions.12 After the rule published, however, we realized the requirements to visually inspect and maintain nonrechargeable fire extinguishers as described in NFPA 10, and to keep records of those activities in compliance with NFPA 10, actually do impose a burden on recreational vessel owners and operators. On October 22, 2016, the National Boating Safety Advisory Council (NBSAC) recommended that the Coast Guard remove the NFPA 10 recordkeeping requirements from recreational vessels and consolidate recreational vessel fire protection and boating safety requirements into 33 CFR 8 33 CFR 145.01(b) and NFPA section 7.1.2.1. CFR 25.30–10(h); 46 CFR 72.05–1(b). 10 81 FR 48219, 48229 (‘‘[UL 711 and NFPA 10:2010] . . . apply to all the affected populations carrying portable and semi-portable fire extinguishers listed in Table 4, including recreational vessel. These provisions eliminate a Coast Guard-specific rating system for fire extinguisher classifications in favor of the classifications specified in the relevant national industry standards.’’) 11 Id. 12 81 FR 48219, 48230 (third column, lines 16– 21), July 22, 2016. 9 46 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 58561 chapter I, subchapter S (33 CFR parts 173–199).13 IV. Discussion of Comments and Changes The Coast Guard received submissions from 14 commenters in response to the NPRM. In general, most commenters supported the proposed rule, but a few expressed reservations. We summarize and address these comments below. A. National Fire Protection Association (NFPA) Comments The NFPA is a private, not-for-profit organization. They published the NFPA 10 standard that the Coast Guard incorporated by reference into our regulations through the Fire Protection rule. Removal of NFPA 10 Requirements The NFPA does not support the Coast Guard removing the NFPA 10 portable fire extinguisher inspection, maintenance, and recordkeeping requirements for recreational vessels. They are concerned that if the monthly inspection requirement is removed, vessel owners will not perform necessary inspections and maintenance. They recommend that the Coast Guard keep the NFPA 10 requirements for monthly inspection and recordkeeping to ensure that portable fire extinguishers on recreational vessels are in good working order. We disagree with the NFPA’s position. The Coast Guard’s alternative ‘‘good and serviceable’’ standard, as provided for in this rule in 33 CFR 175.310, maintains safety preparedness standards while reducing prescriptive burdens on recreational vessel owners and operators. Under this standard, logged inspections are not required, but the owner or operator must ensure all fire extinguishers are ‘‘readily accessible’’ and in ‘‘good and serviceable’’ condition. In response to the comments on the NPRM, we have expanded the regulatory text to explain what ‘‘good and serviceable’’ means. This final rule clarifies that ‘‘good and serviceable’’ means that a portable fire extinguisher on board a recreational vessel: • Is charged, and indicates it is charged if the extinguisher has a pressure gauge reading or indicator; • Has a pin lock that is firmly in place; 13 NBSAC Resolution 2016–96–02 (available at https://homeport.uscg.mil/Lists/Content/ Attachments/498/NBSAC%2096%20 Resolution%202016-96-02%20Fire %20Extinguishers%20-%20Signed.pdf). E:\FR\FM\22OCR1.SGM 22OCR1 58562 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations • Does not show visible signs of significant corrosion or damage; and • Has a discharge nozzle that is clean and free of obstructions. Thus, the ‘‘good and serviceable’’ standard of this rule maintains the substantive requirements of NFPA 10 without the monthly inspection and recordkeeping requirements. Prior to the Fire Protection rule, the Coast Guard had never required recreational boaters to maintain a record of inspection for any piece of safety equipment (such as personal flotation devices, visual distress signals, and so on). Because the Coast Guard is unaware of any empirical data showing fire-extinguisher failure to be a significant cause for concern on recreational vessels, and because the Coast Guard is unaware of any empirical data showing that maintaining these records has prevented fire-extinguisher failure, we do not believe that requiring boaters to maintain these records significantly increases public safety. This new standard will continue to ensure that portable fire extinguishers are in good working order and ready for immediate use without imposing unnecessary burdens on the public. lotter on DSK11XQN23PROD with RULES1 Burdensome Nature of Inspections The NFPA asserts that recordkeeping requirements for portable fire extinguisher inspections are not burdensome to recreational boaters. The Coast Guard disagrees because the NFPA requirements have the boat owner perform monthly inspections even when the vessel is not in use. The NFPA requirement does not relieve the recreational boat owner from performing monthly inspections when the vessel is in non-use, storage or winter layup. This is a change from how the boating public normally uses their vessels, and results in an unwarranted burden. Removing the NFPA 10 recordkeeping requirements will generate an estimated timesaving component of approximately 12 minutes per year per fire extinguisher (1 minute per month per fire extinguisher). This estimate only includes the cost to the boater of recording the fire extinguisher’s condition. It does not include the costs to the boater of traveling to the vessel when it is not in use. We did not estimate the travel costs because we do not have any data on the average travel time to their vessel when not in use. Additionally, we lack data on the number of months a vessel might be in use. See our response in section IV.B of this document for additional information on the burden estimate. VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 Relocation of the Requirements in the CFR The NFPA supports moving fire extinguishing requirements from 46 CFR 25 to 33 CFR 175. B. Burden Estimates of NFPA Requirements on Recreational Boaters Several commenters supported removing the NFPA 10 recordkeeping requirements; however, other commenters (including the NFPA) said these recordkeeping requirements should be retained for recreational vessels because they are not a burden to these boaters. The Coast Guard disagrees with retaining the recordkeeping requirements due to the time burden associated with NFPA 10’s recordkeeping requirements. We estimate that removing this requirement will reduce recordkeeping burdens by 12 minutes per year per fire extinguisher (1 minute per month per fire extinguisher), plus travel time when the vessel is not in use. One commenter asserted that the Coast Guard’s estimate of 12 minutes per year was too high because some boats are not in use all 12 months of the year and a more accurate burden estimate would be 6 to 8 minutes per year. We note that the monthly inspection requirement of NFPA 10 does not provide exceptions for when a boat is not in use, and, as a result, current regulations require 12 minutes per year of recordkeeping, plus travel time when the boat is not otherwise in use. However, 12 minutes is an estimated average and we recognize that some people may spend more time and some people may spend less time to comply with these recordkeeping requirements. C. Vagueness of the Coast Guard’s ‘‘Good and Serviceable’’ Standard This rule requires portable fire extinguishers to be unexpired and in ‘‘good and serviceable’’ condition. Two commenters expressed concern that the phrase ‘‘good and serviceable’’ is vague. The Coast Guard revised the proposed rule in response to these concerns, but notes that the phrase ‘‘good and serviceable’’ is already in use for portable fire extinguishers, such as in the existing provision in 46 CFR 25.30– 10 for portable fire extinguishers built before 1965, and also in other sections of the CFR for both recreational vessels and commercial vessels such as in 46 CFR 25.30–10, 142.240, and 180.200. In response to these comments, we updated our regulatory text in 33 CFR 175.310(a) to elaborate further on the requirements. This final rule clarifies PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 that ‘‘good and serviceable’’ means that a portable fire extinguisher: • Is charged, and indicates it is charged if the extinguisher has a pressure gauge reading or indicator; • Has a pin lock that is firmly in place; • Does not show visible signs of significant corrosion or other damage; and • Has a discharge nozzle that is clean and free of obstructions. D. Health and Safety Risks Three commenters expressed concern that removing the NFPA 10 inspection and recordkeeping requirements could lead to unsafe conditions. The Coast Guard is not aware of any evidence showing this change will decrease safety. Serious injury to recreational boaters (injury requiring medical care beyond first aid) resulting from portable fire extinguisher failure is rare. According to the Boating Accident Report Database, between 2008 and 2017 only three such injuries occurred, and no injuries are known to have been caused directly by equipment failure.14 Our alternative standard, as amended in this final rule (see 33 CFR 175.310), ensures that portable fire extinguishers on recreational vessels are not expired, readily accessible, and in good working order. We used the ‘‘good and serviceable’’ standard elsewhere in our regulations, without a decrease to safety. E. Frequency of Portable Fire Extinguisher Inspections The revised rule does not set a frequency at which vessel owners or operators must inspect fire extinguishers. One commenter stated that portable fire extinguishers on recreational vessels should be inspected at least once a year, and two commenters stated they should be inspected monthly. Under the Coast Guard’s revised standard, a recreational vessel is in compliance only if the portable fire extinguishers are unexpired, readily accessible, and in ‘‘good and serviceable’’ condition. The Coast Guard believes that this will improve flexibility while maintaining safety, especially for vessels that may not be in use all year. The Coast Guard’s primary concern is ensuring the safety of the boating public while the vessel is in use. F. Relocation of Fire Extinguishing Requirements From 46 CFR to 33 CFR Most commenters supported the move of regulations from 46 CFR part 25, 14 https://bard.knightpoint.systems/Public Interface/Report1.aspx. E:\FR\FM\22OCR1.SGM 22OCR1 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations subpart 25.30 to 33 CFR part 175, subpart E. One commenter disagreed, however, stating that title 33 of the CFR was relatively unmonitored and unmanaged compared to title 46. We disagree with the assertion that title 33 of the CFR is relatively unmonitored. The Coast Guard enforces the agency’s regulations regardless of where they are in the CFR. lotter on DSK11XQN23PROD with RULES1 G. Classes of Portable Fire Extinguishers Required To Be Carried The Coast Guard currently requires approved Class B portable fire extinguishers to be carried on board recreational vessels. Portable fire extinguishers with a Class B rating are effective against flammable liquid fires such as gasoline, petroleum, greases, oils, oil-based paints, solvents, and alcohols. Multiple commenters stated that the Coast Guard should require either additional single-class portable fire extinguishers (such as Class A or Class C) or combination-class portable fire extinguishers (such as A–B–C) on all recreational vessels to adequately address other types of fires. Class A fires involve ordinary combustibles such as trash, wood, and paper, whereas Class C fires involve energized electrical sources such as computers, servers, motors, transformers, and appliances. The Coast Guard does not agree that portable fire extinguishers capable of extinguishing Class A and Class C fires should be required to be carried on board recreational vessels. The predominant fire hazards for recreational vessels come from fuel and fuel vapors, which are Class B hazards.15 Moreover, approved Class B extinguishers already have additional ratings to extinguish both Class A and Class C fires.16 Over the past 50 years, since the Federal Boat Safety Act of 1971 established the current Coast Guard fire extinguisher carriage requirements, we have found no data showing the current fire extinguisher requirements for recreational boating are insufficient. Previous Coast Guard requirements for the hand-held B–I or B–II (and the current requirements for 5–B and 20–B) approved portable fire extinguishers have shown to be an acceptable minimum standard for the recreational boater. Additionally, strict Federal 15 The USCG Boating Accident Report Database (BARD) (out of the 1,175 fire/explosion related incidents over the 5-year period 2015–2019, for which cause was known, 68 percent (n=799) of them were fuel-related). 16 The Coast Guard’s review of listed portable fire extinguishers by Underwriters Laboratory indicates there are no listed portable fire extinguishers that have only a B rating; all B-rated portable fire extinguishers have additional A, C, or both capabilities. VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 recreational boat-building requirements, such as backfire flame control, ventilation, and electrical and mechanical national safety and manufacturing standards, also reduce the probability or severity of boat fires. H. Number of Portable Fire Extinguishers Required To Be Carried One commenter stated that the Coast Guard should require more portable fire extinguishers on recreational vessels. This comment is outside the scope of this rulemaking. As previously stated, there is no data showing that the current fire extinguisher requirements for recreational boating are insufficient. I. Standard for Fixed Extinguishing Systems One commenter expressed concern that the proposal would eliminate a standard for maintaining fixed fire extinguishing systems on recreational vessels. NFPA 10 applies only to portable fire extinguishers. The removal of NFPA 10’s application to recreational vessels through this final rule will neither impose nor remove maintenance standards for fixed fire extinguishing systems. J. Requirements for Coast GuardDocumented Vessels and StateRegistered Vessels One commenter asked the Coast Guard to clearly distinguish any differences in requirements between Coast Guard-documented recreational vessels and state-registered vessels in this rule. This rule does not contain any different requirements for stateregistered vessels and Coast Guarddocumented recreational vessels. Longstanding carriage requirements for portable fire extinguishers are based on specific criteria, including the type of fuel, storage of fuel (portable or fixed and installed), type of construction (open or closed), and length of vessel. This rulemaking does not make changes to those requirements. K. Need for Greater Public Awareness A few commenters stated that there is a need for greater public awareness of portable fire extinguisher safety and boating safety in general. One commenter recommended awareness campaigns to highlight how to use fire suppression equipment. One commenter stated that there was inadequate public awareness of best fire safety practices in the recreational boating community. One commenter stated that Federal boating safety awareness materials could be improved, although the commenter did not provide specific examples. The Coast Guard works with PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 58563 non-profit boating safety organizations and our state boating partners to distribute information to the recreational boating public.17 The Coast Guard will consider what other information campaigns could be appropriate. The Boating Safety Division in the Coast Guard’s Office of Auxiliary and Boating Safety is dedicated to reducing loss of life, injuries, and property damage that occurs on U.S. waterways by improving the knowledge, skill, and abilities of recreational boaters. V. Discussion of the Rule A. What This Rule Does The goal of this rule is to move recreational vessel fire extinguishing equipment requirements from the commercial vessel fire extinguishing equipment requirements section in title 46 of the CFR and to consolidate recreational vessel-specific requirements into one part in title 33 of the CFR, which will not contain the NFPA 10 visual inspection, annual maintenance, and recordkeeping requirements for recreational vessels. This change affects only recreational vessels with propulsion machinery and will not affect commercial vessels, including vessels carrying passengers for hire. 1. Transfer of Recreational Vessel Fire Extinguishing Equipment Regulations From 46 CFR to 33 CFR The Coast Guard is creating a new subpart E (Fire Protection Equipment) under part 175 (Equipment Requirements) in 33 CFR chapter I, subchapter S (Boating Safety) for fire extinguishing equipment requirements for recreational vessels. This consolidates these regulations into part 175 where other recreational vesselspecific rules are located. The fire extinguishing equipment requirements added to subpart E will be the same as in current 46 CFR subpart 25.30, but will be modified as discussed in sections V.A(2) and (3) of this document. The Coast Guard is limiting the applicability of this new subpart to recreational vessels, as defined in 33 CFR 175.3, which are propelled or controlled by propulsion machinery. The Coast Guard is also revising the applicability section in 46 CFR 25.30–1 so that the fire extinguishing equipment regulations in subpart 25.30 will not apply to recreational vessels as defined in 33 CFR 175.3. We are only changing the applicability of the fire extinguishing equipment regulations in 17 www.uscgboating.org. E:\FR\FM\22OCR1.SGM 22OCR1 58564 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations 46 CFR part 25, subpart 25.30; we are not changing the applicability of any other requirements in 46 CFR part 25. The other requirements in 46 CFR part 25 (such as life preservers, navigation lights, and ventilation) are not being changed. lotter on DSK11XQN23PROD with RULES1 2. Removal of Requirement for Recreational Vessels To Comply With NFPA 10 The Coast Guard is modifying the fire extinguishing equipment requirements added to 33 CFR part 175, subpart E to remove the requirement for recreational vessels to comply with NFPA 10. Instead of applying the NFPA 10 requirements, we are requiring that portable fire extinguishers be maintained in ‘‘good and serviceable’’ condition. Both the ‘‘good and serviceable’’ standard and the NFPA 10 requirements (monthly visual inspection, annual maintenance, and recordkeeping) exist to achieve the same result, namely that portable and semiportable fire extinguishers be in working condition in the event of a fire. However, the NFPA 10 requirements are very specific and require burdensome recordkeeping. The new ‘‘good and serviceable’’ standard relieves owners and operators of recreational vessels of following the specifics of NFPA 10 while allowing them flexibility in how to achieve the same result. By doing so, the Coast Guard is making it easier and less costly for recreational vessel owners to maintain the fire protection equipment on their vessel. 3. Clarifying Edits, Updating Outdated Text, and Administrative Edits The Coast Guard is modifying the fire extinguishing equipment requirements added to 33 CFR part 175, subpart E to clarify the regulatory language, update outdated information, and make technical amendments. We are making the following edits and updates: • Removing the reference to the no longer published Commandant Instruction (COMDTINST) M16714.3 (new 33 CFR 175.305); • Changing the terms ‘‘motorboats’’ and ‘‘motor vessels,’’ as currently used in subpart 25.30, to the clearer terms ‘‘recreational vessels 65 feet and less in length’’ and ‘‘recreational vessels more than 65 feet in length,’’ respectively. This change aligns the language used in the new subpart E with the terminology already used in 33 CFR part 175, and reinforces the intent of subpart E to apply the requirements only to recreational vessels, and not all motorboats and motor vessels. It also makes the distinction between the two VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 vessel size categories clearer, allowing readers to more easily find the fire extinguishing equipment requirements appropriate for a particular type of vessel; • Adding new language to clarify acronyms and update cross-references to 46 CFR subpart 25.30. For example, we are replacing the ‘‘B.H.P.’’ acronym with ‘‘brake horsepower’’ and updating references to point clearly towards 46 CFR instead of chapter I; and • Modifying the language moved from 46 CFR subpart 25.30 to refer to recreational vessels by model years, as opposed to contracting or manufacturing dates. The latter terms are applicable to commercial vessels only. This change allows the recreational boating community to more easily identify their vessel requirements and aligns with industry and market naming practices. This rule does not change any exemptions that already apply to recreational vessels. The Coast Guard is retaining all the existing recreational fire extinguishing equipment exemptions, such as those for vessels manufactured before August 22, 2016, and the fire extinguishing equipment exemptions for vessels manufactured before November 19, 1952, as provided in 46 CFR 25.30–80 and 46 CFR 25.30– 90. Where we previously allowed exemptions for vessels manufactured or contracted before August 22, 2016, we will now apply the same exemptions to recreational vessels with model years before 2017. Where regulations previously exempted vessels manufactured or contracted before November 19, 1952, we will now apply those exemptions to recreational vessels with model years before 1953. The 2016 exemption is part of the transition from old Coast Guard weight-based ratings, to Underwriter Laboratory (UL) performance-based ratings, and grandfathered existing extinguishers on boats so they do not have to replace their existing extinguishers. However, the 2016 exemption still requires new extinguishers to meet the new requirements. Changing or not allowing this exemption would result in a burden for the recreational boater community. We are also retaining the exemption in 46 CFR 25.30–20(a) that allows recreational vessels less than 26 feet in length, propelled by outboard motors and not carrying passengers for hire, to not have to carry portable fire extinguishers if the construction of the vessel excludes the entrapment of explosive or flammable gases or vapors. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 B. Changes From the Proposed Rule Clerical Amendments The Coast Guard made several small stylistic and clerical amendments. In 33 CFR 1.08–1(a)(8), we added a cross reference to 33 CFR part 175, subpart E, to reflect the relocation and renumbering of regulations made by this final rule. No substantive requirements result from this change. We made corrections to capitalization, changing ‘‘Figure’’ to ‘‘figure’’ and ‘‘Table’’ to ‘‘table’’ when these words appear in regulatory text. These changes appear in 33 CFR 175.320(a)(1), Note 1 to Figure 1 to 33 CFR 175.320(a), Note 2 to Figure 2 to 33 CFR 175.320(a), 33 CFR 175.320(b)(1), 33 CFR 175.320(b)(2), 33 CFR 175.320(c), and 33 CFR 175.380(a). We also made a small stylistic change to word requirements in the singular rather than the plural for greater clarity. We changed ‘‘Recreational vessels’’ to ‘‘A recreational vessel’’ and amended the sentence structure accordingly where necessary in 33 CFR 175.320(a)(1), 33 CFR 175.320(b)(1), and 33 CFR 175.390. ‘‘Good and Serviceable’’ Standard Based on public comments, the Coast Guard reorganized the fire extinguisher requirements in 33 CFR 175.310, clarified the phrase ‘‘good and serviceable,’’ and removed the requirements that extinguishers be maintained in accordance with manufacturer’s instructions. In order to clarify the phrase ‘‘good and serviceable,’’ we added that the fire extinguisher lock pin must firmly be in place, the discharge nozzle be clean and free of obstruction, the extinguisher must not show signs of significant corrosion or damage and the portable fire extinguisher must be readily accessible. The Coast Guard has a long history of using the phrase ‘‘good and serviceable’’ for portable fire extinguishers, such as in the existing 46 CFR 25.30–10 for portable fire extinguishers built before 1965, and also in other sections of the CFR for both recreational vessels and commercial vessels such as 46 CFR 25.30–10, 142.240, or 180.200. Modified Definition of ‘‘Model Year’’ We have modified the definition for ‘‘model year’’ in 33 CFR 175.3 from what we proposed in the NPRM. The definition in the NPRM had the model year run from August 1st until July 31st of the following year. The revised definition has the model year run from June 1st until July 31st of the following year. This change was made to conform with the definition of ‘‘model year’’ found in 46 U.S.C. 4302(e)(1). E:\FR\FM\22OCR1.SGM 22OCR1 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations VI. 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. The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. A regulatory analysis (RA) with details on the estimated cost savings of this rule follows. This final rule removes requirements imposed by the 2016 Fire Protection rule. The Fire Protection rule’s requirements for fire extinguishing equipment in 46 CFR subpart 25.30 of chapter I, subchapter C (Uninspected Vessels) applied the NFPA 10 monthly visual inspection, annual maintenance, and recordkeeping requirements to both recreational and commercial vessels. This final rule removes the NFPA 10 recordkeeping and monthly visual inspection requirements together with the requirement for annual maintenance from the recreational vessel community. Instead of the prescriptive monthly inspection requirement, including a recordkeeping component, the Coast Guard is promulgating this final rule, which contains performance standards to require that portable fire extinguishers be kept in a ‘‘good and serviceable’’ condition without any recordkeeping requirement. By doing so, the Coast Guard is making it easier for recreational vessel owners to maintain their fire protection equipment. The 58565 final rule does not change the fire extinguishing equipment requirements for commercial vessels in 46 CFR subpart 25.30 or any other recreational vessel requirements. The Coast Guard published a proposed rule on May 13, 2019. We made some changes to the regulatory analysis because of the comments received during the comment period for the NPRM. These revisions did not affect the conclusions or estimates made by the RA. We reorganized and modified the regulatory language that appeared in the NPRM to improve clarity in this final rule. The Coast Guard is amending regulatory language in new 46 CFR 175.310(a) and (b). The Coast Guard added the language ‘‘on board and readily accessible’’ into section 175.310(a)(1). We introduced new language into section 175.310(a)(4) to specify the meaning of ‘‘good and serviceable.’’ The regulatory assessment of costs and benefits of the NPRM remains unchanged. Table 1 summarizes the changes to the regulatory text from the proposed rule to this final rule and the resulting impact on the regulatory analysis. TABLE 1—CHANGES FROM NPRM TO FINAL RULE NPRM’s regulatory text 33 CFR 1.08–1(a)(8). 46 CFR 25.30 fire extinguishers; lotter on DSK11XQN23PROD with RULES1 33 CFR 175.3 Definitions. Model year means the period beginning August 1 of any year and ending on July 31 of the following year. Each model year is designated by the year in which it ends. 33 CFR 175.310(b)(1). Be carried aboard the vessel. 33 CFR 175.310(b)(4). Be maintained in accordance with the manufacturer’s instructions. Final rule’s regulatory text Resulting impact on the RA 33 CFR 1.08–1(a)(8). 46 CFR subpart 25.30, Fire Extinguishing Equipment and 33 CFR part 175, subpart E, Fire Protection Equipment. 33 CFR 175.3. Model year means the period beginning June 1 of a year and ending on July 31 of the following year and being designated by the year in which it ends. No impact. Cross-references updated/added to account for changes made by this final rule. 33 CFR 175.310(a)(1). Be on board and readily accessible. 33 CFR 175.310(a)(4). Be maintained in ‘‘good and serviceable’’ working condition, meaning: (i) It has a pressure gauge reading or indicator in the operable range or position, if there is one; (ii) The lock pin is firmly in place; (iii) The discharge nozzle is clean and free of obstruction; and (iv) The portable fire extinguisher does not show visible signs of significant corrosion or damage. No impact. Amendments made for consistency with other required safety equipment. No impact. Amendment is made to align the rulemaking with its intended non-prescriptive goalbased objective instead of the prescriptive regimen of NFPA 10 compliance. This amendment also aligns with the public comment request for further clarity and maintains an equivalent preventative safety standard with NFPA 10. The Coast Guard promulgates regulations to protect the environment and human and marine life and to ensure safe boating practices. The Fire Protection rule applied the NFPA 10 monthly visual inspection, annual maintenance, and recordkeeping requirements to both recreational and commercial vessels. This created a new regulatory requirement for recreational vessels. This final rule will remove the NFPA 10 recordkeeping and monthly visual inspection requirements together VerDate Sep<11>2014 17:03 Oct 21, 2021 Jkt 256001 No impact. Amendment made to align definitions with those is 46 USC. with the requirement for annual maintenance from the recreational vessel community. The final rule replaces those NFPA 10 requirements with the requirement for portable fire extinguishers to be kept in ‘‘good and serviceable’’ condition. The final rule does not change the fire extinguishing equipment requirements for commercial vessels in 46 CFR part 25, subpart 25.30, or any other recreational vessel requirements. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Additionally, the Coast Guard will correct an incongruity in our vessel safety equipment regulations by shifting recreational vessel fire extinguishing equipment requirements from 46 CFR subpart 25.30 (Fire Extinguishing Equipment) to 33 CFR part 175 into a new subpart E (Equipment Requirements). This reorganization will not alter regulatory requirements for commercial vessels, but will separate recreational vessels from them. E:\FR\FM\22OCR1.SGM 22OCR1 58566 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations The Coast Guard reviewed available data to determine if any governmental entity was complying with the requirements. Based on a thorough search of State regulations, the Coast Guard found no evidence of the States, the District of Columbia, or territories changing regulations as a result of the Fire Protection rule.18 Therefore, the Coast Guard determined that the States, the District of Columbia, and territorial jurisdictions will not need to revise their regulations and, thereby, incur any cost. Additionally, we received no public comment during the comment period for the proposed rule disagreeing with this determination. The Coast Guard expects that there are no costs to the regulated public from this rule because this rule replaces the required monthly inspections and recordkeeping with a performance standard that vessel owners can meet in the manner least burdensome to each owner. The primary cost savings of this rule will be from alleviating the regulatory burden placed on the recreational vessel community by the Fire Protection rule, which prescribes compliance with the NFPA 10 inspection, maintenance, and recordkeeping requirements for portable fire extinguishers; this rule replaces the current prescriptive requirements with a performance standard. Table 2 presents a summary of the impacts of this final rule. TABLE 2—SUMMARY OF IMPACTS OF THE FINAL RULE Category Summary Applicability ................ Recreational vessels with propulsion machinery operating in domestic waters are no longer required to comply with the NFPA 10 fire extinguishing equipment requirements. 11,052,684 recreational vessels with propulsion machinery operating in domestic waters that are required by existing Coast Guard regulations to carry portable fire extinguishers; 50 States, District of Columbia, and 5 territories that enforce boating safety requirements. No Cost. Removes the NFPA 10 inspection, maintenance, and recordkeeping requirements for recreational vessels required to carry portable fire extinguishers onboard. Savings equate to 12 minutes per year per fire extinguisher, plus travel time when the vessel is not in use. We do not quantify the cost savings because we do not have information on the number of fire extinguishers per vessel or how many recreational vessel owners have complied with the current NFPA 10 requirements; as a result, we leave this as an unquantified cost savings. Maintains safety preparedness standards while reducing prescriptive burdens, allowing recreational vessel owners and operators to meet the safety requirements in the way best suited for each owner/operator. Additionally, by moving from a prescriptive requirement to a performance standard, this rule maintains safety preparedness standards while allowing recreational vessel owners and operators to meet the safety requirements in the way best suited for each owner/operator. Shifts recreational vessel fire extinguishing equipment requirements from 46 CFR subpart 25.30 to 33 CFR part 175, subpart E, creating a clear distinction between fire extinguishing equipment regulations intended for commercial vessels and those intended for recreational vessels. Removes COMDTINST M16714.3 which is no longer published. This change reduces confusion in reading the regulatory text. Affected population .... Costs ......................... Cost Savings ............. Benefits ...................... The Coast Guard received 14 comments on the NPRM.21 We addressed comments earlier in the preamble (see section IV). Some comments dealt with economic issues or with the regulatory analysis of the rulemaking; we discuss these comments in this section. We received few comments regarding the RA or economic issues. Commenter USCG–2018–0099–0015 wrote, ‘‘Brief, monthly inspections are not a burden. Many recreational boats are not in use for the full 12 months of the year so a monthly inspection only would take place perhaps 6 or 8 times a year.’’ We note that the monthly inspection requirement of NFPA 10 does not provide exceptions for when a boat is not in use; however, 12 minutes is an estimated average and we recognize that some people may spend more time and some people may spend less time on these requirements (see also our response in the Cost Savings section of the regulatory analysis of this document for additional information on the burden estimate). Commenter USCG– 2018–0099–0015 also wrote, ‘‘Perhaps the requirement for recordkeeping should be excused but the multiple use of the word burden in the Federal Registers Request for Comment is not at all appropriate when it comes to the fire protection preparations for a recreational boat owner. Inspecting an important piece of marine safety gear is not a burden for a prudent boat owner/ operator.’’ The Coast Guard uses the term of art ‘‘burden’’ as defined in the Paperwork Reduction Act.22 Keeping the requirement for inspections without a requirement to record them does not yield greater safety to vessel owners or the public. The final rule establishes performance requirements to ensure the equipment is available in appropriate condition. Commenter USCG–2018–0099–0004 wrote, ‘‘Fire extinguishers (both portable and fixed automatic for engine rooms) still need to be inspected at least 18 Per Coast Guard subject matter expert review and communication with State and territorial jurisdictions. 19 Recreational Boating Statistics 2013, table 37 (available at: https://www.uscgboating.org/assets/1/ AssetManager/2013RecBoatingStats.pdf). 20 The NPRM utilized the Recreational Boating Statistics 2016, table 37, which are available at: https://www.uscgboating.org/library/accidentstatistics/Recreational-Boating-Statistics-2016.pdf. This final rule uses the most recent published Recreational Boating Statistics 2019, table 37, which is available at: https://www.uscgboating.org/ library/accident-statistics/Recreational-BoatingStatistics-2019.pdf. 21 We received 15 submittals, but comment USCG–2018–0099–0017 was a duplicate of comment USCG–2018–0099–0015. 22 44 U.S.C. 3502(2). Affected Population The affected population consists of recreational vessels subject to the NFPA 10 requirements under the current 46 CFR part 25, subpart 25.30 and the 50 states, the District of Columbia, and 5 territories. The Coast Guard used recreational vessel population data from the Coast Guard Office of Auxiliary and Boating Safety’s document titled, 2013 Recreational Boating Statistics, for the 2016 Fire Protection rule’s RA to estimate the affected population.19 For this rule’s analysis, the Coast Guard is using the most recently published data from the 2019 Recreational Boating Statistics to identify a population of 11,052,684 registered motorized recreational vessels that will be affected by this final rule.20 lotter on DSK11XQN23PROD with RULES1 Comments VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations annually. Without annual inspections the extinguisher could be inoperable without the vessel owners [sic] knowledge.’’ The Coast Guard chose not to follow this recommendation because it would create an additional burden for vessel owners. And we believe the final rule’s requirement for ‘‘good and serviceable’’ condition would address safety concerns. We, therefore, adopt the methodology and assumptions for the costs, cost savings and benefits from the NPRM as final. However, we have updated the analysis with a more current estimate of the affected population. Cost and Cost Savings Analysis This final rule proposes 20 changes to the fire extinguishing equipment regulations in 33 CFR part 175, subpart E, and 46 CFR part 25, subpart 25.30. These changes remove the recreational vessel fire extinguishing equipment regulations from 46 CFR part 25, subpart 25.30 (Fire Extinguishing Equipment) to a new subpart E in 33 CFR part 175. This change will include the addition of a new section 175.301 to specify the applicability of subpart E to recreational 58567 vessels. It also will include new sections 175.305, 175.310, 175.315, 175.320, 175.380, and 175.390 to reflect requirements previously applied by 46 CFR subpart 25.30, but excluding those that require recreational vessel owners and operators to follow the monthly visual inspection, annual maintenance, and recordkeeping requirements of NFPA 10. Overall, there are no costs to the regulated public due to these changes to the regulatory text. We describe the costs, cost savings, and qualitative benefits of these in table 3. TABLE 3—ASSESSMENT OF IMPACTS (COSTS, COST SAVINGS, AND BENEFITS) OF THE FINAL RULE TO THE REGULATED PUBLIC Existing 46 CFR part 25 § New 33 CFR part 175 § Description of change Impact Definitions § 25.30–1(b) & (c) .......... § 175.3 ......................... Add the definition of Model Year to the section. This change allows the recreational boating community to more easily identify their vessel requirements and aligns with industry and market naming practices. No cost. Qualitative benefit from the elimination of confusion of recreational boat owners attempting to locate the manufacturing date of their boat. Applicability § 25.30–1 ....................... § 175.301 ..................... Incorporate existing text from 46 CFR 25.30–1, with new text to clarify the applicability of this subpart to recreational vessels with propulsion machinery only. No cost. General Provisions § 25.30–5(a) ................... § 175.305 ..................... § 25.30–5(b) ................... § 25.30–10(a) ................. § 175.310(a) ................. § 175.310(a) ................. § 25.30–10(f) .................. § 175.310(b) ................. § 25.30–10(g) ................. § 25.30–10(h) ................. § 175.310(c) ................. § 175.310(d) ................. § 25.30–10 (i) ................. § 175.310(e) ................. § 25.30–10(j) .................. § 175.310(f) .................. Incorporate existing text from 46 CFR 25.30–5(a), with text edits to clarify approved equipment must be approved by the Commandant (CG–ENG–4). Removes reference to COMDTINST M16714.3 (Series), which has been cancelled. No cost, and a qualitative benefit from removing a COMDTINST that is no longer published. This change reduces confusion in reading the regulatory text. Portable Fire Extinguishers and Semi-Portable Fire Extinguishing Systems Incorporate existing text from 46 CFR 25.30–5(b) ................................... Incorporate existing text from 46 CFR 25.30–10(a), with edits removing the requirement that the portable fire extinguishers be maintained, inspected, and recorded in accordance with NFPA 10. Add new text, extracted from relevant sections of NFPA 10, requiring that portable fire extinguishers must be accessible, have a good operating pressure, not be expired or previously used, and be maintained in ‘‘good and serviceable’’ working condition. Incorporate existing text from 46 CFR 25.30–10(f), with text edits for clarification. Incorporate existing text from 46 CFR 25.30–10(g) ................................. Incorporate existing text from 46 CFR 25.30–10(h)(1)–25.30–10(h)(4), with edits changing the motorboat references to recreational vessel references. Incorporate existing text from 46 CFR 25.30–10(i), with edits changing the motorboat references to recreational vessel references. Adopt existing text from 46 CFR 25.30–10(j) ........................................... No cost. No cost. No cost. No cost. No cost. No cost. No cost. lotter on DSK11XQN23PROD with RULES1 Fixed Fire Extinguishing Systems § 25.30–15(a) ................. § 175.315(a) ................. § 25.30–15(b) ................. § 25.30–15(c) ................. § 175.315(b) ................. § 175.315(c) ................. Incorporate existing text from 46 CFR 25.30–15(a) with text edits to clarify approved equipment must be approved by the Commandant (CG–ENG–4). Incorporate existing text from 46 CFR 25.30–15(b) ................................. Incorporate existing text from 46 CFR 25.30–15(c) with edits to update references from NFPA 13 to the 46 CFR source. No cost. No cost. No cost. Fire Extinguishing Equipment Required § 25.30–20(a) ................. § 175.320(a) ................. Table 25.30–20(a)(1) ..... Table 1 to § 175.320(a) VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 Incorporate existing text from 46 CFR 25.30–20(a)(1) and 25.30– 20(a)(2), with edits changing the motorboat references to recreational vessels not more than 65 feet. Incorporate existing table 25.30–20(a)(1) from 46 CFR 25.30–20(a), with edits changing the table numbering for clarity. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM No cost. No cost. 22OCR1 58568 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations TABLE 3—ASSESSMENT OF IMPACTS (COSTS, COST SAVINGS, AND BENEFITS) OF THE FINAL RULE TO THE REGULATED PUBLIC—Continued Existing 46 CFR part 25 § New 33 CFR part 175 § Description of change Figure 25.30–20(a)(1) ... § 25.30–20(c) ................. Figure 1 to § 175.320(a)(2). Figure 2 to § 175.320(a)(2). § 175.320(b) ................. Table 25.30–20(b)(1) ..... Table 1 to § 175.320(b) § 25.30–20(c) ................. § 175.320(b) ................. § 25.30–20(a)(3), § 25.30–20(c)(5). § 175.320(c) ................. Incorporate existing figure 25.30–20(a)(1) from 46 CFR 25.30–20(a), with edits changing the figure numbering for clarity. Incorporate existing figure 25.30–20(a)(2) from 46 CFR 25.30–20(a), with edits changing the figure numbering for clarity. Incorporate existing text from 46 CFR 25.30–20(c)(1)–25.30–20(c)(4), with edits changing the motor vessels references to recreational vessels over 65 feet, and text edits for clarity. Incorporate existing table 25.30–20(b)(1) from 46 CFR 25.30–20(b), with edits changing the table numbering for clarity. Incorporate existing text from 46 CFR 25.30–20(c), with edits changing the motor vessels references to recreational vessels over 65 feet. Combine the existing text from 46 CFR 25.30–20(a)(3) and 25.30– 20(c)(5) into a new section that clarifies table 1 to 46 CFR 175.320(a) and table 1 to 46 CFR 175.320(b) containing the minimum number of portable fire extinguishers needed on a vessel. Figure 25.30–20(a)(2) ... Impact No cost. No cost. No cost. No cost. No cost. No cost. Location and Number of Portable Fire Extinguishers Required for Vessels Constructed prior to August 22, 2016 § 25.30–80 ..................... § 175.380 ..................... Incorporate existing text from 46 CFR subpart 25.30–80 with updated references to table 1 to 46 CFR 175.320(a) and table 1 to 46 CFR 175.320(b). § 25.30–90 ..................... § 175.390 ..................... Incorporate existing text from 46 CFR 25.30–90 with updated references to the new 46 CFR 175 and text edits for clarity. No cost. Vessels Contracted prior to November 19, 1952 No cost. Edits to 46 CFR Part 25.30 § 25.30–1 ....................... § 25.30–1 ....................... ...................................... ...................................... lotter on DSK11XQN23PROD with RULES1 Costs The Coast Guard considered all potential costs of this final rule. We considered the possibility that the States, District of Columbia, and territorial jurisdictions may choose to update their statutes and regulations because of this final rule if they previously had changed their regulations to satisfy NFPA 10. However, based on a thorough search of the regulatory documents of the States, District of Columbia, and territories, the Coast Guard found no evidence of these jurisdictions changing their regulations to satisfy NFPA 10. Therefore, these changes will not incur any costs. Cost Savings The primary savings of this final rule stem from alleviating the regulatory burden that the Fire Protection rule placed on the recreational vessel community. We tried to capture the potential aggregate scale of this regulatory burden reduction on the affected population of recreational vessel owners, but enforcement and compliance data is nonexistent. As an alternative, we provided an individual level estimate for the cost savings to the affected population of recreational vessel owners. We can offer this VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 Edit and reorganize paragraph for clarity ................................................. Remove applicability to non-commercial vessels ..................................... estimate because individual recreational vessel owners within the affected population must currently comply with the NFPA 10 requirements imposed by the Fire Protection rule. NFPA 10 has specific inspection requirements for both rechargeable and non-rechargeable portable fire extinguishers. Owners of vessels with non-rechargeable (disposable) fire extinguishers, commonly used in the recreational vessel community, are subject to a monthly visual inspection ensuring the portable fire extinguisher is available and still operational. They also must maintain records of their compliance by placing an initial in a logbook as confirmation of a visual inspection. Rechargeable portable fire extinguishers are not common in the 5– B size that is required for recreational boats and actively must be sought and bought from an industrial distributor. Rechargeable portable units of this size tend to be special purpose extinguishers such as carbon dioxide or clean agent extinguishers commonly used in areas such as server rooms, not on recreational boats, and come at a significantly higher price. Nonrechargeable or disposable portable units are intended for use by the public and are the primary type of fire PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 No cost. For recreational vessel owners and operators, there is a cost savings of 12 minutes per fire extinguisher per year on board each recreational vessel. extinguisher on recreational vessels. They are primarily marketed to the public because of their low operating and maintenance costs, low upfront cost, reliability as well as the ease of care, and wide accessibility to be purchased at retail stores. As a result, commercial vessel owners generally purchase rechargeable portable fire extinguishers, while recreational vessel owners purchase non-rechargeable units. This rule replaces the required NFPA 10 monthly inspections and recordkeeping with a performance standard that vessel owners can meet in the manner least burdensome to each owner. Accordingly, we expect that this change will not impose any additional costs on recreational vessel owners. We estimate the savings to recreational boaters will stem from eliminating a recordkeeping burden. We estimate the recordkeeping takes 1 minute per month to complete for an annual total of 12 minutes per fire extinguisher.23 It does 23 The value of a person’s recreational time is dependent on a number of factors such as income, age, and employment status. Guidance for leisure time’s value is available from the U.S. Department of Transportation Office of the Secretary memorandum on Revised Departmental Guidance on Valuation of Travel Time in Economic Analyses E:\FR\FM\22OCR1.SGM 22OCR1 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations not include the costs to the boater of traveling to the vessel when it is not in use. We did not estimate the travel costs because we do not have any data on the average travel time to their vessel when not in use. Additionally, we lack data on the number of months a vessel might be in use. Data is not available on how many recreational vessel owners have complied with the current NFPA 10 requirements since 2016 because the Coast Guard does not track that information. We also have notified the States and territories about the NBSAC Resolution 2016–96–02. As a result, we acknowledge the nonzero probability that a given vessel owner may be complying. Therefore, this final rule may reduce the regulatory burden of the recordkeeping requirement for some recreational vessel owners. We do not have enough information to estimate the aggregate scale of this reduction. However, we provide an individual level estimate for the cost savings to the affected population of recreational vessel owners legally required to comply. We estimate 12 minutes per year per portable fire extinguisher (1 minute per month) as the average individual level cost savings.24 Alternatives The final rule (the preferred alternative) will move the fire extinguishing equipment requirements for recreational vessels from 46 CFR part 25, subpart 25.30 to 33 CFR part 175, new subpart E. This will create a clear distinction between fire extinguishing equipment regulations intended for commercial vessels and those intended for recreational vessels. The final rule will remove all the NFPA 10 inspection, maintenance and recordkeeping requirements for recreational vessels. This change will result in cost savings in the form of time savings to recreational vessel owners of 12 minutes per year per fire extinguisher on recreational vessels, plus travel time when the vessel is not in use. It reorganizes the regulatory text to separate recreational vessel fire protection regulations from commercial vessel regulations and to consolidate recreational vessel fire extinguishing equipment requirements into one subchapter. Lastly, the final rule follows the NBSAC recommendation. Within the Coast Guard’s development of the final rule, we considered alternatives to determine if any of them could accomplish the stated objectives. Among these alternatives were the following: Benefits Alternative 1: No-Action Under this alternative, recreational vessel fire protection rules would remain in 46 CFR subpart 25.30, and NFPA 10 would continue to apply to recreational vessels. The Coast Guard did not select this alternative because it maintains an unnecessary regulatory burden. It would also continue a situation that lacks regulatory clarity and creates confusion. lotter on DSK11XQN23PROD with RULES1 By moving from a prescriptive requirement to a performance standard, this rule maintains safety preparedness standards while allowing recreational vessel owners and operators to meet the safety requirements in the way best suited for each owner/operator. By shifting the recreational vessel fire extinguishing equipment requirements from 46 CFR part 25, subpart 25.30 to 33 CFR part 175, subpart E, this rule will create a clear distinction between fire extinguishing equipment regulations intended for commercial vessels and those intended for recreational vessels. Additionally, we removed references to the outdated COMDTINST M16714.3, making the regulatory text easier to read and understand. and may be found at https:// www.transportation.gov/office-policy/ transportation-policy/revised-departmentalguidance-valuation-travel-time-economic. With no data available on the affected population’s income, the median income for the nation may be used as a proxy. This is a 12 minute reduction per fire extinguisher. We did not have the number of fire extinguishers per vessel. As a result, we did not quantify the value of time saved by this rule. 24 This estimate comports with estimates found in OMB collections: 2105–0529, 1625–0079 and 1625– 0063 as adjusted for complexity of the task. VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 Alternative 2: Policy Over Regulation This alternative would create a new Coast Guard policy based on NBSAC’s recommendation to end the applicability of NFPA 10 to motorized recreational vessels and outline fire extinguishing equipment standards. It would impose no new costs and would have no cost savings. The Coast Guard did not select this option because States adopt Coast Guard regulations, not Coast Guard policy recommendations. This alternative would not amend the current CFR and may cause confusion depending on the nature of implementation. Alternative 3: Add Exemption From NFPA 10 Requirements Under this alternative, the Coast Guard would have added language to 46 CFR part 25, subpart 25.30 explicitly PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 58569 stating that NFPA 10 does not apply to recreational vessels. However, this would remove fire equipment applicability for motorized recreational vessels owners. This change would also result in the lack of regulatory requirements for recreational vessels. It would impose no new costs. The Coast Guard did not select this option because this alternative may create a safety hazard for motorized recreational vessel owners. 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. The final rule alleviates the regulatory burden placed on 11,052,684 recreational vessels and will move fire extinguishing equipment requirements for recreational vessels from 46 CFR part 25, subpart 25.30 to a new subpart E (Fire Protection Equipment) in 33 CFR part 175. The Coast Guard’s economic analysis concluded that it expects these changes would not impose additional costs on any of the recreational vessels that comprise the affected population in this final rule because this rule replaces the required NFPA 10 monthly inspections with a performance standard that vessel owners can meet in the manner least burdensome to each owner. Additionally, this rule eliminates regulatory burdens from the NFPA 10 recordkeeping requirements, resulting in an estimated 12 minutes of time savings per recreational vessel owner per fire extinguisher, plus travel time when the vessel was not in use. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104– 121, we offer to assist small entities in understanding this rule so that they can 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. E:\FR\FM\22OCR1.SGM 22OCR1 lotter on DSK11XQN23PROD with RULES1 58570 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations 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). extinguishing equipment for recreational vessels, and, therefore, the States may not issue regulations that differ from Coast Guard regulations within the categories of safety standards or equipment for recreational vessels, except in the limited circumstances identified above. Therefore, this final rule is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. D. Collection of Information This final rule will call for no new collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3520. As defined in 5 CFR 1320.3(c), ‘‘collection of information’’ comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. 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. Although this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. 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 final 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 follows. It is well settled that States may not regulate in categories reserved for regulation by the Coast Guard. The Coast Guard regulates recreational vessel safety, including firefighting equipment, under the authority contained in 46 U.S.C. 4302. Chapter 43 of 46 U.S.C. contains an express preemption provision for recreational vessel safety standards. Under 46 U.S.C. 4306, a State or political subdivision of a State may not establish, continue in effect, or enforce a law or regulation establishing a recreational vessel or associated equipment performance or other safety standard, or impose a requirement for associated equipment unless: (1) The standard is identical to a Coast Guard regulation prescribed under 46 U.S.C. 4302; (2) the Coast Guard specifically provides an exemption under 46 U.S.C. 4305; or (3) the State standard regulates marine safety articles carried or used to address a hazardous condition or circumstance unique to that State (as long as the Coast Guard does not disapprove). This final rule establishes minimum requirements, under 46 U.S.C. 4302, for fire VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 F. Unfunded Mandates 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 I. Protection of Children We have analyzed this final 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 final 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. Frm 00012 Fmt 4700 Sfmt 4700 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 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 (for example, 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 does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. M. Environment This final 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. PO 00000 K. Energy Effects We have analyzed this final rule under DHS Management Directive 023– 01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a determination 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 supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. This rule is categorically excluded under paragraphs L52, L54, and L57 of Table 1 in Appendix A of DHS Directive 023–01 (series). The categorical exclusion (CATEX) L52 pertains to regulations concerning vessel operation safety standards; CATEX L54 pertains to regulations that are editorial or procedural, such as those updating addresses or establishing application procedures; and CATEX 57 pertains to E:\FR\FM\22OCR1.SGM 22OCR1 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations being designated by the year in which it ends. * * * * * ■ 5. Add subpart E, consisting of §§ 175.301 through 175.390, to read as follows: regulations concerning manning, documentation, admeasurements, inspection, and equipping of vessels. This final rule will update Coast Guard regulations pertaining to fire extinguishing requirements and the associated standards used by recreational vessels. Subpart E—Fire Protection Equipment Sec. 175.301 Applicability. 175.305 General provisions. 175.310 Portable fire extinguishers and semi-portable fire extinguishing systems. 175.315 Fixed fire extinguishing systems. 175.320 Fire extinguishing equipment required. 175.380 Condition and number of fire extinguishers required for recreational vessels built model year 2017 or earlier. 175.390 Condition and number of fire extinguishers required for recreational vessels built before model year 1953. List of Subjects 33 CFR Part 1 Administrative practice and procedure, Authority delegations (Government agencies), Freedom of information, Penalties. 33 CFR Part 175 Fire prevention, Marine safety. 46 CFR Part 25 Fire prevention, Marine safety, Reporting and recordkeeping requirements. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 1 and 175 and 46 CFR part 25 as follows: Subpart E—Fire Protection Equipment § 175.301 Title 33—Navigation and Navigable Waters PART 1—GENERAL PROVISIONS Subpart 1.08—Written Warning by Coast Guard Boarding Officers 1. The authority citation for part 1, subpart 1.08, continues to read as follows: ■ § 175.305 Authority: 14 U.S.C. 503; 49 CFR 1.46(b). 2. In § 1.08–1, revise paragraph (a)(8) to read as follows: ■ § 1.08–1 Applicability. (a) * * * (8) 46 CFR subpart 25.30, Fire Extinguishing Equipment and 33 CFR part 175, subpart E, Fire Protection Equipment; * * * * * 3. The authority citation for part 175 continues to read as follows: ■ Authority: 46 U.S.C. 4302; Department of Homeland Security Delegation No. 0170.1. 4. In § 175.3, add in alphabetic order a definition for ‘‘Model year’’ to read as follows: lotter on DSK11XQN23PROD with RULES1 § 175.3 Definitions. * * * * * Model year means the period beginning June 1 of a year and ending on July 31 of the following year and VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 General provisions. Where fire extinguishing equipment in this subpart is required to be of an approved type, such equipment must be approved as provided in 46 CFR chapter I, subchapter Q. A listing of current and formerly approved equipment and materials may be found on the internet at: https://cgmix.uscg.mil/equipment. Each OCMI may be contacted for information concerning approved equipment. § 175.310 Portable fire extinguishers and semi-portable fire extinguishing systems. PART 175—EQUIPMENT REQUIREMENTS ■ Applicability. (a) This subpart applies to recreational vessels that are propelled or controlled by propulsion machinery. (b) Recreational vessels constructed prior to August 22, 2016, will be deemed built before model year 2017 and must meet the requirements of 33 CFR 175.380. (c) Recreational vessels constructed prior to November 19, 1952, will be deemed built before model year 1953 and must meet the requirements of 33 CFR 175.390. (a) All portable and semi-portable fire extinguishers must— (1) Be on board and readily accessible; (2) Be of an approved type; (3) Not be expired or appear to have been previously used; and (4) Be maintained in good and serviceable working condition, meaning: (i) If the extinguisher has a pressure gauge reading or indicator it must be in the operable range or position; (ii) The lock pin is firmly in place; (iii) The discharge nozzle is clean and free of obstruction; and (iv) The extinguisher does not show visible signs of significant corrosion or damage. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 58571 (b) Vaporizing-liquid type fire extinguishers containing carbon tetrachloride, chlorobromomethane, or other toxic vaporizing liquids, are not acceptable as equipment required by this subpart. (c) Portable or semi-portable extinguishers that are required by their name plates to be protected from freezing must not be located where freezing temperatures may be expected. (d) The use of dry chemical stored pressure fire extinguishers not fitted with pressure gauges or indicating devices, manufactured prior to January 1, 1965, is permitted on board recreational vessels if such extinguishers are maintained in good and serviceable condition. The following maintenance and inspections are required for such extinguishers: (1) When the date on the inspection record tag on the extinguishers shows that 6 months have elapsed since the last weight check ashore, then such extinguishers are no longer accepted as meeting required maintenance conditions until they are reweighed ashore, found to be in a serviceable condition, and within required weight conditions. (2) If the weight of the container is 1⁄4 ounce less than that stamped on the container, it must be serviced. (3) If the outer seal or seals (which indicate tampering or use when broken) are not intact, the boarding officer or marine inspector will inspect such extinguishers to see that the frangible disc in the neck of the container is intact; and, if such disc is not intact, the container must be serviced. (4) If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the extinguisher must be serviced or replaced. (e) Dry chemical extinguishers, stored pressure extinguishers, and fire extinguishers without pressure gauges or indicating devices, manufactured after January 1, 1965, cannot be labeled with the marine type label described in 46 CFR 162.028–4. These extinguishers may be carried onboard recreational vessels as excess equipment, subject to paragraphs (a) and (b) of this section. (f) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so that all portions of the space concerned may be covered. § 175.315 systems. Fixed fire extinguishing (a) A fixed fire extinguishing system must be of a type approved by the Coast Guard under 46 CFR part 162. E:\FR\FM\22OCR1.SGM 22OCR1 58572 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations § 175.320 required. (b) A carbon dioxide system must be designed and installed in accordance with 46 CFR part 76, subpart 76.15. (c) An automatic sprinkler system must be designed and installed in accordance with 46 CFR 25.30–15(c). Fire extinguishing equipment (a) Recreational vessels 65 feet or less in length. (1) A recreational vessel 65 feet or less in length must carry at least the minimum number of portable fire extinguishers set forth in table 1 to § 175.320(a)(1). A vessel less than 26 feet in length, propelled by an outboard motor, is not required to carry portable fire extinguishers if the construction of the vessel will not permit the entrapment of explosive or flammable gases or vapors. TABLE 1 TO § 175.320(a)(1) Minimum number of 5–B portable fire extinguishers required 1 Length (feet) If no fixed fire extinguishing system in machinery space Under 16 ...................................................................................................................................................... 16 or more, but less than 26 ....................................................................................................................... 26 or more, but less than 40 ....................................................................................................................... 40 or more, but not more than 65 ............................................................................................................... 1 One If fixed fire extinguishing system in machinery space 1 1 2 3 0 0 1 2 20–B portable fire extinguisher may be substituted for two 5–B portable fire extinguishers. (2) Figure 1 to § 175.320(a)(2) illustrates the conditions, identified by table 2 to § 175.320(a)(2), under which fire extinguishers are required to be carried on board. Figure 2 to § 175.320(a)(2) illustrates conditions, identified by table 3 to § 175.320(a)(2), that do not, in themselves, require that fire extinguishers be carried. Figure 1 to§ 175.320(a)(2) TABLE 2 TO § 175.320(a)(2) TABLE 2 TO § 175.320(a)(2)— Continued Location identified in Figure 1 to § 175.320(a)(2) Condition requiring fire extinguishers 1 ................................. Closed compartment under thwarts and seats wherein portable fuel tanks may be stored. Location identified in Figure 1 to § 175.320(a)(2) Condition requiring fire extinguishers 2 ................................. Double bottoms not sealed to the hull or which are not completely filled with flotation material. Closed living spaces. 3 ................................. TABLE 2 TO § 175.320(a)(2)— Continued Location identified in Figure 1 to § 175.320(a)(2) Condition requiring fire extinguishers 4 ................................. Closed stowage compartments in which combustible or flammable materials are stowed. Permanently installed fuel tanks. 5 ................................. ER22OC21.001</GPH> VerDate Sep<11>2014 16:20 Oct 21, 2021 Jkt 256001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 ER22OC21.000</GPH> lotter on DSK11XQN23PROD with RULES1 Figure 2 to§ 175.320(a)(2) Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations § 175.380 Condition and number of fire extinguishers required for recreational vessels built model year 2017 or earlier. TABLE 3 TO § 175.320(a)(2) Location identified in Figure 2 to § 175.320(a)(2) Condition requiring fire extinguishers 1 ................................. 2 ................................. 3 ................................. Bait wells. Glove compartments. Buoyant flotation material. Open slatted flooring. Ice chests. 4 ................................. 5 ................................. (b) Recreational vessels more than 65 feet in length. (1) A recreational vessel more than 65 feet in length must carry at least the minimum number of portable fire extinguishers specified for its tonnage as set forth in table 4 to § 175.320(b)(1). § 175.390 Condition and number of fire extinguishers required for recreational vessels built before model year 1953. TABLE 4 TO § 175.320(b)(1) lotter on DSK11XQN23PROD with RULES1 Gross tonnage— More than Not more than 50 ................ 100 .............. 500 .............. 1,000 ........... 50 100 500 1,000 .................... A recreational vessel built before model year 1953 must meet the applicable number and general type of equipment provisions of §§ 175.305 through 175.320. Existing items of equipment and installations previously 1 2 approved but not meeting the applicable 3 requirements for type approval may be 6 continued in service provided they are 8 in good condition. All new installations and replacements must meet the requirements of §§ 175.305 through 175.320. Minimum number of 20–B portable fire extinguishers (2) In addition to the portable fire extinguishers required by table 4 to § 175.320(b)(1), the following fire extinguishing equipment must be fitted in the machinery space: (i) One 20–B fire extinguisher must be carried for each 1,000 brake horsepower of the main engines or fraction. However, not more than six such extinguishers are required to be carried. (ii) On recreational vessels of more than 300 gross tons, either one 160–B semi-portable fire extinguishing system must be fitted, or alternatively, a fixed fire extinguishing system must be fitted in the machinery space. (3) The frame or support of each 160– B semi-portable fire extinguisher required by paragraph (b)(2)(ii) of this section must be welded or otherwise permanently attached to a bulkhead or deck. (4) If an approved semi-portable fire extinguisher has wheels, it must be securely stowed when not in use to prevent it from rolling out of control under heavy sea conditions. (c) Extinguishers with larger numerical ratings or multiple letter designations. Extinguishers with larger numerical ratings or multiple letter designations may be used to meet the requirements of table 1 to § 175.320(a)(1) and table 4 to § 175.320(b)(1). VerDate Sep<11>2014 16:20 Oct 21, 2021 Recreational vessels with a model year between 1953 and 2017 must meet the following requirements: (a) Previously installed extinguishers with extinguishing capacities that are less than what is required in table 1 to § 175.320(a)(1) or table 2 to § 175.320(b)(1) need not be replaced but must be maintained in good condition. (b) All extinguishers installed after August 22, 2016, must meet the applicable requirements in §§ 175.305 through 175.320. Jkt 256001 Title 46—Shipping PART 25—REQUIREMENTS 6. The authority citation for part 25 is revised to read as follows: ■ Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2, paragraphs (II) (77), (92)(a), and 92(b). ■ 7. Revise § 25.30–1 to read as follows: § 25.30–1 Applicability. (a) This subpart applies to all vessels contracted for on or after August 22, 2016, except for recreational vessels as defined in 33 CFR 175.3, which are governed by fire safety equipment requirements at 33 CFR part 175, subpart E. (b) All vessels contracted for before August 22, 2016, and after November 19, 1952, except recreational vessels as defined in 33 CFR 175.3, must meet the requirements of 46 CFR 25.30–80. (c) All vessels, contracted for before November 19, 1952, except recreational vessels as defined in 33 CFR 175.3, must meet the requirements of 46 CFR 25.30– 90. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 58573 Dated: October 12, 2021. J.W. Mauger, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention Policy. [FR Doc. 2021–22578 Filed 10–21–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2021–0697] RIN 1625–AA08 Special Local Regulation; Sacramento Ironman Triathlon; American River and Sacramento River, Sacramento, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary special local regulation for navigable waters on the Sacramento River. The special local regulation is needed to protect personnel, vessels, and the marine environment from potential hazards created by the Sacramento Ironman Triathlon marine event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector San Francisco. DATES: This rule is effective on October 24, 2021 from 6 a.m. to 10 a.m. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0697 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email Lieutenant Anthony I. Solares, U.S. Coast Guard District 11, Sector San Francisco, at 415–399–3585, SFWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section COTP Captain of the Port PATCOM Patrol Commander U.S.C. United States Code II. Background, Purpose, and Legal Basis The Coast Guard is issuing this temporary rule without prior notice and E:\FR\FM\22OCR1.SGM 22OCR1

Agencies

[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Rules and Regulations]
[Pages 58560-58573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22578]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1 and 175

46 CFR Part 25

[Docket No. USCG-2018-0099]
RIN 1625-AC41


Fire Protection for Recreational Vessels

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending fire extinguishing equipment 
regulations for recreational vessels that are propelled or controlled 
by propulsion machinery. This rule relieves owners of these 
recreational vessels from certain inspection, maintenance, and 
recordkeeping requirements that are more suited for commercial vessels. 
To make it easier to find these regulations, this rule also relocates 
the regulations to another part of the Code of Federal Regulations.

DATES: This final rule is effective April 20, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0099 in the ``SEARCH'' box and click ``SEARCH.''

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or email Jeffrey Decker, Office of Auxiliary and Boating Safety, 
Boating Safety Division (CG-BSX-2), Coast Guard; telephone 202-372-
1507, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Purpose, Basis, and Regulatory History
    A. Purpose
    B. Basis and Regulatory History
III. Background
IV. Discussion of Comments and Changes
    A. National Fire Protection Association (NFPA) Comments
    B. Burden Estimates of NFPA Requirements on Recreational Boaters
    C. Vagueness of the Coast Guard's ``Good and Serviceable'' 
Standard
    D. Health and Safety Risks
    E. Frequency of Portable Fire Extinguisher Inspections
    F. Relocation of Fire Extinguishing Requirements From 46 CFR to 
33 CFR
    G. Classes of Portable Fire Extinguishers Required To Be Carried
    H. Number of Portable Fire Extinguishers Required To Be Carried
    I. Standard for Fixed Fire Extinguishing Systems
    J. Requirements for Coast Guard-Documented Vessels and State-
Registered Vessels
    K. Need for Greater Public Awareness
V. Discussion of the Rule
    A. What This Rule Does
    B. Changes From the Proposed Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

CATEX Categorical exclusion
COMDTINST Commandant Instruction
CFR Code of Federal Regulations
DHS Department of Homeland Security
Fire Protection rule Harmonization of Standards for Fire Protection, 
Detection, and Extinguishing Equipment (81 FR 48219, July 22, 2016)
FR Federal Register
NBSAC National Boating Safety Advisory Council
NFPA National Fire Protection Association
NFPA 10 NFPA 10 Standard for Portable Fire Extinguishers, 2010 
edition
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RA Regulatory analysis
Sec.  Section
U.S.C. United States Code

II. Purpose, Basis, and Regulatory History

A. Purpose

    The Coast Guard is amending portable fire extinguishing equipment 
requirements for recreational vessels that are propelled or controlled 
by propulsion machinery. We are relieving owners of these recreational 
vessels from certain inspection, maintenance, and recordkeeping 
requirements of National Fire Protection Association (NFPA) 10 (2010 
edition). These requirements are more suited for commercial vessels. 
This rule does not alter standards for commercial vessels including 
vessels carrying passengers for hire, or have any effect on 
recreational vessels that do not use propulsion machinery.
    This rule also moves fire extinguishing equipment rules for 
recreational vessels from subpart 25.30 (Fire Extinguishing Equipment) 
of subchapter C (Uninspected Vessels) of title 46 of the Code of 
Federal Regulations (CFR) to part 175 of subchapter S (Boating Safety) 
of title 33, where other recreational vessel rules already exist.

B. Basis and Regulatory History

    The Secretary of Homeland Security is authorized by 46 U.S.C. 
4302(a)(2) to prescribe regulations requiring the installation, 
carrying, or use of firefighting equipment and prohibiting the 
installation, carrying, or use of equipment that does not conform to 
the safety standards established under section 4302. The Secretary of 
Homeland Security has delegated this authority to the Coast Guard by 
Department of Homeland Security (DHS) Delegation No. 0170.1(II)(92)(b). 
The Commandant has redelegated this authority to the Assistant 
Commandant for Response Policy as described in 33 CFR 1.05-1(d).

[[Page 58561]]

    The Coast Guard published a notice of proposed rulemaking (NPRM) in 
the Federal Register (FR) on May 13, 2019, ``Fire Protection for 
Recreational Vessels.'' \1\ The NPRM proposed to relieve recreational 
vessel owners from the inspection, maintenance, and recordkeeping 
requirements of NFPA 10 and to consolidate recreational boating safety 
requirements into 33 CFR chapter I, subchapter S. Instead of applying 
NFPA 10 and requiring monthly visual inspections, annual maintenance, 
and recordkeeping, we proposed that portable fire extinguishers on 
recreational vessels be maintained in ``good and serviceable'' 
condition. The NPRM solicited comments and provided a 60-day comment 
period that ended on July 12, 2019. Based on those comments, we have 
made changes in this final rule, as discussed in section IV.
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    \1\ 84 FR 20827, May 13, 2019.
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III. Background

    On July 22, 2016, the Coast Guard published the final rule, 
``Harmonization Standards for Fire Protection, Detection, and 
Extinguishing Equipment'' (the ``Fire Protection rule'') in the Federal 
Register.\2\ The Fire Protection rule revised Coast Guard fire safety 
requirements for uninspected vessels (46 CFR chapter I, subchapter C) 
to meet international and common industry standards. Among the 
revisions, the Coast Guard required vessel owners to comply with NFPA 
10.\3\ This standard requires vessel owners and operators to complete 
monthly visual inspections of portable fire extinguishers,\4\ perform 
annual maintenance of portable fire extinguishers,\5\ and maintain 
records of the inspections and maintenance.\6\ The Coast Guard allowed 
the required monthly inspections to be carried out by the vessel owner, 
operator, person-in-charge, or a designated member of the crew, rather 
than by a certified person as required in NFPA 10.\7\ The Fire 
Protection rule also allowed these individuals to perform annual 
maintenance on non-rechargeable (also known as ``disposable'') 
extinguishers but retained the NFPA 10 requirement that rechargeable 
extinguishers be maintained by a certified person such as a licensed 
servicing agency.\8\
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    \2\ 81 FR 48219, July 22, 2016 (effective August 22, 2016).
    \3\ The NFPA is a non-profit organization that develops 
technical codes and consensus standards to eliminate death, injury, 
property, and economic loss due to fire, electrical, and related 
hazards. NFPA 10 lists requirements to ensure that portable fire 
extinguishers will work as intended to provide a first line of 
defense against fires of limited size.
    \4\ NFPA 10 section 7.2.1.2.
    \5\ NFPA 10 section 7.3.1.1.1.
    \6\ NFPA 10 sections 7.2.4 and 7.3.3.
    \7\ 33 CFR 145.01(b)(2).
    \8\ 33 CFR 145.01(b) and NFPA section 7.1.2.1.
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    The only exception to these inspection, recordkeeping, and 
maintenance requirements was for extinguishers built before 1965, in 
which the Coast Guard maintained their previous and separate inspection 
and maintenance requirements specific to those types of 
extinguishers.\9\ The Coast Guard's changes to the inspection and 
maintenance requirements in the Fire Protection rule were intended to 
apply to all vessels, including recreational vessels, in order to align 
inspection and maintenance requirements with common industry practice 
for fire extinguisher maintenance.\10\ (The NPRM for this action stated 
that the NFPA 10 requirements were ``unintentionally'' applied to 
recreational boaters in 2016 by the Fire Protection rule. It would have 
been more correct to say that 2016 rule did not recognize the full 
burden on recreational vessels.) They were also intended to provide a 
more complete set of maintenance and inspection requirements than what 
currently existed in Coast Guard regulations for extinguishers 
manufactured since 1965.\11\ In the regulatory analysis accompanying 
the Fire Protection rule, we stated that we did not anticipate 
recreational vessel owners would incur any additional costs due to 
these provisions.\12\ After the rule published, however, we realized 
the requirements to visually inspect and maintain non-rechargeable fire 
extinguishers as described in NFPA 10, and to keep records of those 
activities in compliance with NFPA 10, actually do impose a burden on 
recreational vessel owners and operators.
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    \9\ 46 CFR 25.30-10(h); 46 CFR 72.05-1(b).
    \10\ 81 FR 48219, 48229 (``[UL 711 and NFPA 10:2010] . . . apply 
to all the affected populations carrying portable and semi-portable 
fire extinguishers listed in Table 4, including recreational vessel. 
These provisions eliminate a Coast Guard-specific rating system for 
fire extinguisher classifications in favor of the classifications 
specified in the relevant national industry standards.'')
    \11\ Id.
    \12\ 81 FR 48219, 48230 (third column, lines 16-21), July 22, 
2016.
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    On October 22, 2016, the National Boating Safety Advisory Council 
(NBSAC) recommended that the Coast Guard remove the NFPA 10 
recordkeeping requirements from recreational vessels and consolidate 
recreational vessel fire protection and boating safety requirements 
into 33 CFR chapter I, subchapter S (33 CFR parts 173-199).\13\
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    \13\ NBSAC Resolution 2016-96-02 (available at https://homeport.uscg.mil/Lists/Content/Attachments/498/NBSAC%2096%20Resolution%202016-96-02%20Fire%20Extinguishers%20-%20Signed.pdf).
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IV. Discussion of Comments and Changes

    The Coast Guard received submissions from 14 commenters in response 
to the NPRM. In general, most commenters supported the proposed rule, 
but a few expressed reservations. We summarize and address these 
comments below.

A. National Fire Protection Association (NFPA) Comments

    The NFPA is a private, not-for-profit organization. They published 
the NFPA 10 standard that the Coast Guard incorporated by reference 
into our regulations through the Fire Protection rule.
Removal of NFPA 10 Requirements
    The NFPA does not support the Coast Guard removing the NFPA 10 
portable fire extinguisher inspection, maintenance, and recordkeeping 
requirements for recreational vessels. They are concerned that if the 
monthly inspection requirement is removed, vessel owners will not 
perform necessary inspections and maintenance. They recommend that the 
Coast Guard keep the NFPA 10 requirements for monthly inspection and 
recordkeeping to ensure that portable fire extinguishers on 
recreational vessels are in good working order.
    We disagree with the NFPA's position. The Coast Guard's alternative 
``good and serviceable'' standard, as provided for in this rule in 33 
CFR 175.310, maintains safety preparedness standards while reducing 
prescriptive burdens on recreational vessel owners and operators. Under 
this standard, logged inspections are not required, but the owner or 
operator must ensure all fire extinguishers are ``readily accessible'' 
and in ``good and serviceable'' condition. In response to the comments 
on the NPRM, we have expanded the regulatory text to explain what 
``good and serviceable'' means. This final rule clarifies that ``good 
and serviceable'' means that a portable fire extinguisher on board a 
recreational vessel:
     Is charged, and indicates it is charged if the 
extinguisher has a pressure gauge reading or indicator;
     Has a pin lock that is firmly in place;

[[Page 58562]]

     Does not show visible signs of significant corrosion or 
damage; and
     Has a discharge nozzle that is clean and free of 
obstructions.
    Thus, the ``good and serviceable'' standard of this rule maintains 
the substantive requirements of NFPA 10 without the monthly inspection 
and recordkeeping requirements. Prior to the Fire Protection rule, the 
Coast Guard had never required recreational boaters to maintain a 
record of inspection for any piece of safety equipment (such as 
personal flotation devices, visual distress signals, and so on). 
Because the Coast Guard is unaware of any empirical data showing fire-
extinguisher failure to be a significant cause for concern on 
recreational vessels, and because the Coast Guard is unaware of any 
empirical data showing that maintaining these records has prevented 
fire-extinguisher failure, we do not believe that requiring boaters to 
maintain these records significantly increases public safety. This new 
standard will continue to ensure that portable fire extinguishers are 
in good working order and ready for immediate use without imposing 
unnecessary burdens on the public.
Burdensome Nature of Inspections
    The NFPA asserts that recordkeeping requirements for portable fire 
extinguisher inspections are not burdensome to recreational boaters. 
The Coast Guard disagrees because the NFPA requirements have the boat 
owner perform monthly inspections even when the vessel is not in use. 
The NFPA requirement does not relieve the recreational boat owner from 
performing monthly inspections when the vessel is in non-use, storage 
or winter layup. This is a change from how the boating public normally 
uses their vessels, and results in an unwarranted burden. Removing the 
NFPA 10 recordkeeping requirements will generate an estimated 
timesaving component of approximately 12 minutes per year per fire 
extinguisher (1 minute per month per fire extinguisher). This estimate 
only includes the cost to the boater of recording the fire 
extinguisher's condition. It does not include the costs to the boater 
of traveling to the vessel when it is not in use. We did not estimate 
the travel costs because we do not have any data on the average travel 
time to their vessel when not in use. Additionally, we lack data on the 
number of months a vessel might be in use. See our response in section 
IV.B of this document for additional information on the burden 
estimate.
Relocation of the Requirements in the CFR
    The NFPA supports moving fire extinguishing requirements from 46 
CFR 25 to 33 CFR 175.

B. Burden Estimates of NFPA Requirements on Recreational Boaters

    Several commenters supported removing the NFPA 10 recordkeeping 
requirements; however, other commenters (including the NFPA) said these 
recordkeeping requirements should be retained for recreational vessels 
because they are not a burden to these boaters. The Coast Guard 
disagrees with retaining the recordkeeping requirements due to the time 
burden associated with NFPA 10's recordkeeping requirements. We 
estimate that removing this requirement will reduce recordkeeping 
burdens by 12 minutes per year per fire extinguisher (1 minute per 
month per fire extinguisher), plus travel time when the vessel is not 
in use. One commenter asserted that the Coast Guard's estimate of 12 
minutes per year was too high because some boats are not in use all 12 
months of the year and a more accurate burden estimate would be 6 to 8 
minutes per year. We note that the monthly inspection requirement of 
NFPA 10 does not provide exceptions for when a boat is not in use, and, 
as a result, current regulations require 12 minutes per year of 
recordkeeping, plus travel time when the boat is not otherwise in use. 
However, 12 minutes is an estimated average and we recognize that some 
people may spend more time and some people may spend less time to 
comply with these recordkeeping requirements.

C. Vagueness of the Coast Guard's ``Good and Serviceable'' Standard

    This rule requires portable fire extinguishers to be unexpired and 
in ``good and serviceable'' condition. Two commenters expressed concern 
that the phrase ``good and serviceable'' is vague. The Coast Guard 
revised the proposed rule in response to these concerns, but notes that 
the phrase ``good and serviceable'' is already in use for portable fire 
extinguishers, such as in the existing provision in 46 CFR 25.30-10 for 
portable fire extinguishers built before 1965, and also in other 
sections of the CFR for both recreational vessels and commercial 
vessels such as in 46 CFR 25.30-10, 142.240, and 180.200. In response 
to these comments, we updated our regulatory text in 33 CFR 175.310(a) 
to elaborate further on the requirements. This final rule clarifies 
that ``good and serviceable'' means that a portable fire extinguisher:
     Is charged, and indicates it is charged if the 
extinguisher has a pressure gauge reading or indicator;
     Has a pin lock that is firmly in place;
     Does not show visible signs of significant corrosion or 
other damage; and
     Has a discharge nozzle that is clean and free of 
obstructions.

D. Health and Safety Risks

    Three commenters expressed concern that removing the NFPA 10 
inspection and recordkeeping requirements could lead to unsafe 
conditions. The Coast Guard is not aware of any evidence showing this 
change will decrease safety. Serious injury to recreational boaters 
(injury requiring medical care beyond first aid) resulting from 
portable fire extinguisher failure is rare. According to the Boating 
Accident Report Database, between 2008 and 2017 only three such 
injuries occurred, and no injuries are known to have been caused 
directly by equipment failure.\14\ Our alternative standard, as amended 
in this final rule (see 33 CFR 175.310), ensures that portable fire 
extinguishers on recreational vessels are not expired, readily 
accessible, and in good working order. We used the ``good and 
serviceable'' standard elsewhere in our regulations, without a decrease 
to safety.
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    \14\ https://bard.knightpoint.systems/PublicInterface/Report1.aspx.
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E. Frequency of Portable Fire Extinguisher Inspections

    The revised rule does not set a frequency at which vessel owners or 
operators must inspect fire extinguishers. One commenter stated that 
portable fire extinguishers on recreational vessels should be inspected 
at least once a year, and two commenters stated they should be 
inspected monthly. Under the Coast Guard's revised standard, a 
recreational vessel is in compliance only if the portable fire 
extinguishers are unexpired, readily accessible, and in ``good and 
serviceable'' condition. The Coast Guard believes that this will 
improve flexibility while maintaining safety, especially for vessels 
that may not be in use all year. The Coast Guard's primary concern is 
ensuring the safety of the boating public while the vessel is in use.

F. Relocation of Fire Extinguishing Requirements From 46 CFR to 33 CFR

    Most commenters supported the move of regulations from 46 CFR part 
25,

[[Page 58563]]

subpart 25.30 to 33 CFR part 175, subpart E. One commenter disagreed, 
however, stating that title 33 of the CFR was relatively unmonitored 
and unmanaged compared to title 46. We disagree with the assertion that 
title 33 of the CFR is relatively unmonitored. The Coast Guard enforces 
the agency's regulations regardless of where they are in the CFR.

G. Classes of Portable Fire Extinguishers Required To Be Carried

    The Coast Guard currently requires approved Class B portable fire 
extinguishers to be carried on board recreational vessels. Portable 
fire extinguishers with a Class B rating are effective against 
flammable liquid fires such as gasoline, petroleum, greases, oils, oil-
based paints, solvents, and alcohols. Multiple commenters stated that 
the Coast Guard should require either additional single-class portable 
fire extinguishers (such as Class A or Class C) or combination-class 
portable fire extinguishers (such as A-B-C) on all recreational vessels 
to adequately address other types of fires. Class A fires involve 
ordinary combustibles such as trash, wood, and paper, whereas Class C 
fires involve energized electrical sources such as computers, servers, 
motors, transformers, and appliances. The Coast Guard does not agree 
that portable fire extinguishers capable of extinguishing Class A and 
Class C fires should be required to be carried on board recreational 
vessels. The predominant fire hazards for recreational vessels come 
from fuel and fuel vapors, which are Class B hazards.\15\ Moreover, 
approved Class B extinguishers already have additional ratings to 
extinguish both Class A and Class C fires.\16\
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    \15\ The USCG Boating Accident Report Database (BARD) (out of 
the 1,175 fire/explosion related incidents over the 5-year period 
2015-2019, for which cause was known, 68 percent (n=799) of them 
were fuel-related).
    \16\ The Coast Guard's review of listed portable fire 
extinguishers by Underwriters Laboratory indicates there are no 
listed portable fire extinguishers that have only a B rating; all B-
rated portable fire extinguishers have additional A, C, or both 
capabilities.
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    Over the past 50 years, since the Federal Boat Safety Act of 1971 
established the current Coast Guard fire extinguisher carriage 
requirements, we have found no data showing the current fire 
extinguisher requirements for recreational boating are insufficient. 
Previous Coast Guard requirements for the hand-held B-I or B-II (and 
the current requirements for 5-B and 20-B) approved portable fire 
extinguishers have shown to be an acceptable minimum standard for the 
recreational boater. Additionally, strict Federal recreational boat-
building requirements, such as backfire flame control, ventilation, and 
electrical and mechanical national safety and manufacturing standards, 
also reduce the probability or severity of boat fires.

H. Number of Portable Fire Extinguishers Required To Be Carried

    One commenter stated that the Coast Guard should require more 
portable fire extinguishers on recreational vessels. This comment is 
outside the scope of this rulemaking. As previously stated, there is no 
data showing that the current fire extinguisher requirements for 
recreational boating are insufficient.

I. Standard for Fixed Extinguishing Systems

    One commenter expressed concern that the proposal would eliminate a 
standard for maintaining fixed fire extinguishing systems on 
recreational vessels. NFPA 10 applies only to portable fire 
extinguishers. The removal of NFPA 10's application to recreational 
vessels through this final rule will neither impose nor remove 
maintenance standards for fixed fire extinguishing systems.

J. Requirements for Coast Guard-Documented Vessels and State-Registered 
Vessels

    One commenter asked the Coast Guard to clearly distinguish any 
differences in requirements between Coast Guard-documented recreational 
vessels and state-registered vessels in this rule. This rule does not 
contain any different requirements for state-registered vessels and 
Coast Guard-documented recreational vessels. Longstanding carriage 
requirements for portable fire extinguishers are based on specific 
criteria, including the type of fuel, storage of fuel (portable or 
fixed and installed), type of construction (open or closed), and length 
of vessel. This rulemaking does not make changes to those requirements.

K. Need for Greater Public Awareness

    A few commenters stated that there is a need for greater public 
awareness of portable fire extinguisher safety and boating safety in 
general. One commenter recommended awareness campaigns to highlight how 
to use fire suppression equipment. One commenter stated that there was 
inadequate public awareness of best fire safety practices in the 
recreational boating community. One commenter stated that Federal 
boating safety awareness materials could be improved, although the 
commenter did not provide specific examples. The Coast Guard works with 
non-profit boating safety organizations and our state boating partners 
to distribute information to the recreational boating public.\17\ The 
Coast Guard will consider what other information campaigns could be 
appropriate. The Boating Safety Division in the Coast Guard's Office of 
Auxiliary and Boating Safety is dedicated to reducing loss of life, 
injuries, and property damage that occurs on U.S. waterways by 
improving the knowledge, skill, and abilities of recreational boaters.
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    \17\ www.uscgboating.org.
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V. Discussion of the Rule

A. What This Rule Does

    The goal of this rule is to move recreational vessel fire 
extinguishing equipment requirements from the commercial vessel fire 
extinguishing equipment requirements section in title 46 of the CFR and 
to consolidate recreational vessel-specific requirements into one part 
in title 33 of the CFR, which will not contain the NFPA 10 visual 
inspection, annual maintenance, and recordkeeping requirements for 
recreational vessels. This change affects only recreational vessels 
with propulsion machinery and will not affect commercial vessels, 
including vessels carrying passengers for hire.
1. Transfer of Recreational Vessel Fire Extinguishing Equipment 
Regulations From 46 CFR to 33 CFR
    The Coast Guard is creating a new subpart E (Fire Protection 
Equipment) under part 175 (Equipment Requirements) in 33 CFR chapter I, 
subchapter S (Boating Safety) for fire extinguishing equipment 
requirements for recreational vessels. This consolidates these 
regulations into part 175 where other recreational vessel-specific 
rules are located. The fire extinguishing equipment requirements added 
to subpart E will be the same as in current 46 CFR subpart 25.30, but 
will be modified as discussed in sections V.A(2) and (3) of this 
document. The Coast Guard is limiting the applicability of this new 
subpart to recreational vessels, as defined in 33 CFR 175.3, which are 
propelled or controlled by propulsion machinery. The Coast Guard is 
also revising the applicability section in 46 CFR 25.30-1 so that the 
fire extinguishing equipment regulations in subpart 25.30 will not 
apply to recreational vessels as defined in 33 CFR 175.3. We are only 
changing the applicability of the fire extinguishing equipment 
regulations in

[[Page 58564]]

46 CFR part 25, subpart 25.30; we are not changing the applicability of 
any other requirements in 46 CFR part 25. The other requirements in 46 
CFR part 25 (such as life preservers, navigation lights, and 
ventilation) are not being changed.
2. Removal of Requirement for Recreational Vessels To Comply With NFPA 
10
    The Coast Guard is modifying the fire extinguishing equipment 
requirements added to 33 CFR part 175, subpart E to remove the 
requirement for recreational vessels to comply with NFPA 10. Instead of 
applying the NFPA 10 requirements, we are requiring that portable fire 
extinguishers be maintained in ``good and serviceable'' condition. Both 
the ``good and serviceable'' standard and the NFPA 10 requirements 
(monthly visual inspection, annual maintenance, and recordkeeping) 
exist to achieve the same result, namely that portable and semi-
portable fire extinguishers be in working condition in the event of a 
fire. However, the NFPA 10 requirements are very specific and require 
burdensome recordkeeping. The new ``good and serviceable'' standard 
relieves owners and operators of recreational vessels of following the 
specifics of NFPA 10 while allowing them flexibility in how to achieve 
the same result. By doing so, the Coast Guard is making it easier and 
less costly for recreational vessel owners to maintain the fire 
protection equipment on their vessel.
3. Clarifying Edits, Updating Outdated Text, and Administrative Edits
    The Coast Guard is modifying the fire extinguishing equipment 
requirements added to 33 CFR part 175, subpart E to clarify the 
regulatory language, update outdated information, and make technical 
amendments.
    We are making the following edits and updates:
     Removing the reference to the no longer published 
Commandant Instruction (COMDTINST) M16714.3 (new 33 CFR 175.305);
     Changing the terms ``motorboats'' and ``motor vessels,'' 
as currently used in subpart 25.30, to the clearer terms ``recreational 
vessels 65 feet and less in length'' and ``recreational vessels more 
than 65 feet in length,'' respectively. This change aligns the language 
used in the new subpart E with the terminology already used in 33 CFR 
part 175, and reinforces the intent of subpart E to apply the 
requirements only to recreational vessels, and not all motorboats and 
motor vessels. It also makes the distinction between the two vessel 
size categories clearer, allowing readers to more easily find the fire 
extinguishing equipment requirements appropriate for a particular type 
of vessel;
     Adding new language to clarify acronyms and update cross-
references to 46 CFR subpart 25.30. For example, we are replacing the 
``B.H.P.'' acronym with ``brake horsepower'' and updating references to 
point clearly towards 46 CFR instead of chapter I; and
     Modifying the language moved from 46 CFR subpart 25.30 to 
refer to recreational vessels by model years, as opposed to contracting 
or manufacturing dates. The latter terms are applicable to commercial 
vessels only. This change allows the recreational boating community to 
more easily identify their vessel requirements and aligns with industry 
and market naming practices.
    This rule does not change any exemptions that already apply to 
recreational vessels. The Coast Guard is retaining all the existing 
recreational fire extinguishing equipment exemptions, such as those for 
vessels manufactured before August 22, 2016, and the fire extinguishing 
equipment exemptions for vessels manufactured before November 19, 1952, 
as provided in 46 CFR 25.30-80 and 46 CFR 25.30-90. Where we previously 
allowed exemptions for vessels manufactured or contracted before August 
22, 2016, we will now apply the same exemptions to recreational vessels 
with model years before 2017. Where regulations previously exempted 
vessels manufactured or contracted before November 19, 1952, we will 
now apply those exemptions to recreational vessels with model years 
before 1953. The 2016 exemption is part of the transition from old 
Coast Guard weight-based ratings, to Underwriter Laboratory (UL) 
performance-based ratings, and grandfathered existing extinguishers on 
boats so they do not have to replace their existing extinguishers. 
However, the 2016 exemption still requires new extinguishers to meet 
the new requirements. Changing or not allowing this exemption would 
result in a burden for the recreational boater community.
    We are also retaining the exemption in 46 CFR 25.30-20(a) that 
allows recreational vessels less than 26 feet in length, propelled by 
outboard motors and not carrying passengers for hire, to not have to 
carry portable fire extinguishers if the construction of the vessel 
excludes the entrapment of explosive or flammable gases or vapors.

B. Changes From the Proposed Rule

Clerical Amendments
    The Coast Guard made several small stylistic and clerical 
amendments. In 33 CFR 1.08-1(a)(8), we added a cross reference to 33 
CFR part 175, subpart E, to reflect the relocation and renumbering of 
regulations made by this final rule. No substantive requirements result 
from this change. We made corrections to capitalization, changing 
``Figure'' to ``figure'' and ``Table'' to ``table'' when these words 
appear in regulatory text. These changes appear in 33 CFR 
175.320(a)(1), Note 1 to Figure 1 to 33 CFR 175.320(a), Note 2 to 
Figure 2 to 33 CFR 175.320(a), 33 CFR 175.320(b)(1), 33 CFR 
175.320(b)(2), 33 CFR 175.320(c), and 33 CFR 175.380(a). We also made a 
small stylistic change to word requirements in the singular rather than 
the plural for greater clarity. We changed ``Recreational vessels'' to 
``A recreational vessel'' and amended the sentence structure 
accordingly where necessary in 33 CFR 175.320(a)(1), 33 CFR 
175.320(b)(1), and 33 CFR 175.390.
``Good and Serviceable'' Standard
    Based on public comments, the Coast Guard reorganized the fire 
extinguisher requirements in 33 CFR 175.310, clarified the phrase 
``good and serviceable,'' and removed the requirements that 
extinguishers be maintained in accordance with manufacturer's 
instructions. In order to clarify the phrase ``good and serviceable,'' 
we added that the fire extinguisher lock pin must firmly be in place, 
the discharge nozzle be clean and free of obstruction, the extinguisher 
must not show signs of significant corrosion or damage and the portable 
fire extinguisher must be readily accessible. The Coast Guard has a 
long history of using the phrase ``good and serviceable'' for portable 
fire extinguishers, such as in the existing 46 CFR 25.30-10 for 
portable fire extinguishers built before 1965, and also in other 
sections of the CFR for both recreational vessels and commercial 
vessels such as 46 CFR 25.30-10, 142.240, or 180.200.
Modified Definition of ``Model Year''
    We have modified the definition for ``model year'' in 33 CFR 175.3 
from what we proposed in the NPRM. The definition in the NPRM had the 
model year run from August 1st until July 31st of the following year. 
The revised definition has the model year run from June 1st until July 
31st of the following year. This change was made to conform with the 
definition of ``model year'' found in 46 U.S.C. 4302(e)(1).

[[Page 58565]]

VI. 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.
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. A regulatory 
analysis (RA) with details on the estimated cost savings of this rule 
follows.
    This final rule removes requirements imposed by the 2016 Fire 
Protection rule. The Fire Protection rule's requirements for fire 
extinguishing equipment in 46 CFR subpart 25.30 of chapter I, 
subchapter C (Uninspected Vessels) applied the NFPA 10 monthly visual 
inspection, annual maintenance, and recordkeeping requirements to both 
recreational and commercial vessels. This final rule removes the NFPA 
10 recordkeeping and monthly visual inspection requirements together 
with the requirement for annual maintenance from the recreational 
vessel community. Instead of the prescriptive monthly inspection 
requirement, including a recordkeeping component, the Coast Guard is 
promulgating this final rule, which contains performance standards to 
require that portable fire extinguishers be kept in a ``good and 
serviceable'' condition without any recordkeeping requirement. By doing 
so, the Coast Guard is making it easier for recreational vessel owners 
to maintain their fire protection equipment. The final rule does not 
change the fire extinguishing equipment requirements for commercial 
vessels in 46 CFR subpart 25.30 or any other recreational vessel 
requirements.
    The Coast Guard published a proposed rule on May 13, 2019. We made 
some changes to the regulatory analysis because of the comments 
received during the comment period for the NPRM. These revisions did 
not affect the conclusions or estimates made by the RA. We reorganized 
and modified the regulatory language that appeared in the NPRM to 
improve clarity in this final rule. The Coast Guard is amending 
regulatory language in new 46 CFR 175.310(a) and (b). The Coast Guard 
added the language ``on board and readily accessible'' into section 
175.310(a)(1). We introduced new language into section 175.310(a)(4) to 
specify the meaning of ``good and serviceable.'' The regulatory 
assessment of costs and benefits of the NPRM remains unchanged. Table 1 
summarizes the changes to the regulatory text from the proposed rule to 
this final rule and the resulting impact on the regulatory analysis.

                 Table 1--Changes From NPRM to Final Rule
------------------------------------------------------------------------
                                  Final rule's       Resulting impact on
   NPRM's regulatory text        regulatory text           the RA
------------------------------------------------------------------------
33 CFR 1.08-1(a)(8). 46 CFR   33 CFR 1.08-1(a)(8).  No impact. Cross-
 25.30 fire extinguishers;     46 CFR subpart        references updated/
                               25.30, Fire           added to account
                               Extinguishing         for changes made by
                               Equipment and 33      this final rule.
                               CFR part 175,
                               subpart E, Fire
                               Protection
                               Equipment.
33 CFR 175.3 Definitions.     33 CFR 175.3. Model   No impact. Amendment
 Model year means the period   year means the        made to align
 beginning August 1 of any     period beginning      definitions with
 year and ending on July 31    June 1 of a year      those is 46 USC.
 of the following year. Each   and ending on July
 model year is designated by   31 of the following
 the year in which it ends.    year and being
                               designated by the
                               year in which it
                               ends.
33 CFR 175.310(b)(1). Be      33 CFR                No impact.
 carried aboard the vessel.    175.310(a)(1). Be     Amendments made for
                               on board and          consistency with
                               readily accessible.   other required
                                                     safety equipment.
33 CFR 175.310(b)(4). Be      33 CFR                No impact. Amendment
 maintained in accordance      175.310(a)(4). Be     is made to align
 with the manufacturer's       maintained in         the rulemaking with
 instructions.                 ``good and            its intended non-
                               serviceable''         prescriptive goal-
                               working condition,    based objective
                               meaning: (i) It has   instead of the
                               a pressure gauge      prescriptive
                               reading or            regimen of NFPA 10
                               indicator in the      compliance. This
                               operable range or     amendment also
                               position, if there    aligns with the
                               is one; (ii) The      public comment
                               lock pin is firmly    request for further
                               in place; (iii) The   clarity and
                               discharge nozzle is   maintains an
                               clean and free of     equivalent
                               obstruction; and      preventative safety
                               (iv) The portable     standard with NFPA
                               fire extinguisher     10.
                               does not show
                               visible signs of
                               significant
                               corrosion or damage.
------------------------------------------------------------------------

    The Coast Guard promulgates regulations to protect the environment 
and human and marine life and to ensure safe boating practices. The 
Fire Protection rule applied the NFPA 10 monthly visual inspection, 
annual maintenance, and recordkeeping requirements to both recreational 
and commercial vessels. This created a new regulatory requirement for 
recreational vessels. This final rule will remove the NFPA 10 
recordkeeping and monthly visual inspection requirements together with 
the requirement for annual maintenance from the recreational vessel 
community. The final rule replaces those NFPA 10 requirements with the 
requirement for portable fire extinguishers to be kept in ``good and 
serviceable'' condition. The final rule does not change the fire 
extinguishing equipment requirements for commercial vessels in 46 CFR 
part 25, subpart 25.30, or any other recreational vessel requirements.
    Additionally, the Coast Guard will correct an incongruity in our 
vessel safety equipment regulations by shifting recreational vessel 
fire extinguishing equipment requirements from 46 CFR subpart 25.30 
(Fire Extinguishing Equipment) to 33 CFR part 175 into a new subpart E 
(Equipment Requirements). This reorganization will not alter regulatory 
requirements for commercial vessels, but will separate recreational 
vessels from them.

[[Page 58566]]

    The Coast Guard reviewed available data to determine if any 
governmental entity was complying with the requirements. Based on a 
thorough search of State regulations, the Coast Guard found no evidence 
of the States, the District of Columbia, or territories changing 
regulations as a result of the Fire Protection rule.\18\ Therefore, the 
Coast Guard determined that the States, the District of Columbia, and 
territorial jurisdictions will not need to revise their regulations 
and, thereby, incur any cost. Additionally, we received no public 
comment during the comment period for the proposed rule disagreeing 
with this determination.
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    \18\ Per Coast Guard subject matter expert review and 
communication with State and territorial jurisdictions.
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    The Coast Guard expects that there are no costs to the regulated 
public from this rule because this rule replaces the required monthly 
inspections and recordkeeping with a performance standard that vessel 
owners can meet in the manner least burdensome to each owner. The 
primary cost savings of this rule will be from alleviating the 
regulatory burden placed on the recreational vessel community by the 
Fire Protection rule, which prescribes compliance with the NFPA 10 
inspection, maintenance, and recordkeeping requirements for portable 
fire extinguishers; this rule replaces the current prescriptive 
requirements with a performance standard. Table 2 presents a summary of 
the impacts of this final rule.

              Table 2--Summary of Impacts of the Final Rule
------------------------------------------------------------------------
             Category                             Summary
------------------------------------------------------------------------
Applicability....................  Recreational vessels with propulsion
                                    machinery operating in domestic
                                    waters are no longer required to
                                    comply with the NFPA 10 fire
                                    extinguishing equipment
                                    requirements.
Affected population..............  11,052,684 recreational vessels with
                                    propulsion machinery operating in
                                    domestic waters that are required by
                                    existing Coast Guard regulations to
                                    carry portable fire extinguishers;
                                    50 States, District of Columbia, and
                                    5 territories that enforce boating
                                    safety requirements.
Costs............................  No Cost.
Cost Savings.....................  Removes the NFPA 10 inspection,
                                    maintenance, and recordkeeping
                                    requirements for recreational
                                    vessels required to carry portable
                                    fire extinguishers onboard. Savings
                                    equate to 12 minutes per year per
                                    fire extinguisher, plus travel time
                                    when the vessel is not in use. We do
                                    not quantify the cost savings
                                    because we do not have information
                                    on the number of fire extinguishers
                                    per vessel or how many recreational
                                    vessel owners have complied with the
                                    current NFPA 10 requirements; as a
                                    result, we leave this as an
                                    unquantified cost savings.
Benefits.........................  Maintains safety preparedness
                                    standards while reducing
                                    prescriptive burdens, allowing
                                    recreational vessel owners and
                                    operators to meet the safety
                                    requirements in the way best suited
                                    for each owner/operator.
                                    Additionally, by moving from a
                                    prescriptive requirement to a
                                    performance standard, this rule
                                    maintains safety preparedness
                                    standards while allowing
                                    recreational vessel owners and
                                    operators to meet the safety
                                    requirements in the way best suited
                                    for each owner/operator. Shifts
                                    recreational vessel fire
                                    extinguishing equipment requirements
                                    from 46 CFR subpart 25.30 to 33 CFR
                                    part 175, subpart E, creating a
                                    clear distinction between fire
                                    extinguishing equipment regulations
                                    intended for commercial vessels and
                                    those intended for recreational
                                    vessels. Removes COMDTINST M16714.3
                                    which is no longer published. This
                                    change reduces confusion in reading
                                    the regulatory text.
------------------------------------------------------------------------

Affected Population
    The affected population consists of recreational vessels subject to 
the NFPA 10 requirements under the current 46 CFR part 25, subpart 
25.30 and the 50 states, the District of Columbia, and 5 territories. 
The Coast Guard used recreational vessel population data from the Coast 
Guard Office of Auxiliary and Boating Safety's document titled, 2013 
Recreational Boating Statistics, for the 2016 Fire Protection rule's RA 
to estimate the affected population.\19\ For this rule's analysis, the 
Coast Guard is using the most recently published data from the 2019 
Recreational Boating Statistics to identify a population of 11,052,684 
registered motorized recreational vessels that will be affected by this 
final rule.\20\
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    \19\ Recreational Boating Statistics 2013, table 37 (available 
at: https://www.uscgboating.org/assets/1/AssetManager/2013RecBoatingStats.pdf).
    \20\ The NPRM utilized the Recreational Boating Statistics 2016, 
table 37, which are available at: https://www.uscgboating.org/library/accident-statistics/Recreational-Boating-Statistics-2016.pdf. This final rule uses the most recent published 
Recreational Boating Statistics 2019, table 37, which is available 
at: https://www.uscgboating.org/library/accident-statistics/Recreational-Boating-Statistics-2019.pdf.
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Comments
    The Coast Guard received 14 comments on the NPRM.\21\ We addressed 
comments earlier in the preamble (see section IV). Some comments dealt 
with economic issues or with the regulatory analysis of the rulemaking; 
we discuss these comments in this section.
---------------------------------------------------------------------------

    \21\ We received 15 submittals, but comment USCG-2018-0099-0017 
was a duplicate of comment USCG-2018-0099-0015.
---------------------------------------------------------------------------

    We received few comments regarding the RA or economic issues. 
Commenter USCG-2018-0099-0015 wrote, ``Brief, monthly inspections are 
not a burden. Many recreational boats are not in use for the full 12 
months of the year so a monthly inspection only would take place 
perhaps 6 or 8 times a year.'' We note that the monthly inspection 
requirement of NFPA 10 does not provide exceptions for when a boat is 
not in use; however, 12 minutes is an estimated average and we 
recognize that some people may spend more time and some people may 
spend less time on these requirements (see also our response in the 
Cost Savings section of the regulatory analysis of this document for 
additional information on the burden estimate). Commenter USCG-2018-
0099-0015 also wrote, ``Perhaps the requirement for recordkeeping 
should be excused but the multiple use of the word burden in the 
Federal Registers Request for Comment is not at all appropriate when it 
comes to the fire protection preparations for a recreational boat 
owner. Inspecting an important piece of marine safety gear is not a 
burden for a prudent boat owner/operator.'' The Coast Guard uses the 
term of art ``burden'' as defined in the Paperwork Reduction Act.\22\ 
Keeping the requirement for inspections without a requirement to record 
them does not yield greater safety to vessel owners or the public. The 
final rule establishes performance requirements to ensure the equipment 
is available in appropriate condition.
---------------------------------------------------------------------------

    \22\ 44 U.S.C. 3502(2).
---------------------------------------------------------------------------

    Commenter USCG-2018-0099-0004 wrote, ``Fire extinguishers (both 
portable and fixed automatic for engine rooms) still need to be 
inspected at least

[[Page 58567]]

annually. Without annual inspections the extinguisher could be 
inoperable without the vessel owners [sic] knowledge.'' The Coast Guard 
chose not to follow this recommendation because it would create an 
additional burden for vessel owners. And we believe the final rule's 
requirement for ``good and serviceable'' condition would address safety 
concerns.
    We, therefore, adopt the methodology and assumptions for the costs, 
cost savings and benefits from the NPRM as final. However, we have 
updated the analysis with a more current estimate of the affected 
population.
Cost and Cost Savings Analysis
    This final rule proposes 20 changes to the fire extinguishing 
equipment regulations in 33 CFR part 175, subpart E, and 46 CFR part 
25, subpart 25.30. These changes remove the recreational vessel fire 
extinguishing equipment regulations from 46 CFR part 25, subpart 25.30 
(Fire Extinguishing Equipment) to a new subpart E in 33 CFR part 175. 
This change will include the addition of a new section 175.301 to 
specify the applicability of subpart E to recreational vessels. It also 
will include new sections 175.305, 175.310, 175.315, 175.320, 175.380, 
and 175.390 to reflect requirements previously applied by 46 CFR 
subpart 25.30, but excluding those that require recreational vessel 
owners and operators to follow the monthly visual inspection, annual 
maintenance, and recordkeeping requirements of NFPA 10.
    Overall, there are no costs to the regulated public due to these 
changes to the regulatory text. We describe the costs, cost savings, 
and qualitative benefits of these in table 3.

  Table 3--Assessment of Impacts (Costs, Cost Savings, and Benefits) of the Final Rule to the Regulated Public
----------------------------------------------------------------------------------------------------------------
                                   New 33 CFR part 175
  Existing 46 CFR part 25 Sec.            Sec.                 Description of change               Impact
----------------------------------------------------------------------------------------------------------------
                                                   Definitions
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-1(b) & (c)..........  Sec.   175.3.......  Add the definition of Model Year    No cost. Qualitative
                                                         to the section. This change         benefit from the
                                                         allows the recreational boating     elimination of
                                                         community to more easily identify   confusion of
                                                         their vessel requirements and       recreational boat
                                                         aligns with industry and market     owners attempting
                                                         naming practices.                   to locate the
                                                                                             manufacturing date
                                                                                             of their boat.
----------------------------------------------------------------------------------------------------------------
                                                  Applicability
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-1...................  Sec.   175.301.....  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-1, with new text to
                                                         clarify the applicability of this
                                                         subpart to recreational vessels
                                                         with propulsion machinery only.
----------------------------------------------------------------------------------------------------------------
                                               General Provisions
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-5(a)................  Sec.   175.305.....  Incorporate existing text from 46   No cost, and a
                                                         CFR 25.30-5(a), with text edits     qualitative benefit
                                                         to clarify approved equipment       from removing a
                                                         must be approved by the             COMDTINST that is
                                                         Commandant (CG-ENG-4). Removes      no longer
                                                         reference to COMDTINST M16714.3     published. This
                                                         (Series), which has been            change reduces
                                                         cancelled.                          confusion in
                                                                                             reading the
                                                                                             regulatory text.
----------------------------------------------------------------------------------------------------------------
                    Portable Fire Extinguishers and Semi-Portable Fire Extinguishing Systems
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-5(b)................  Sec.   175.310(a)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-5(b).
Sec.   25.30-10(a)...............  Sec.   175.310(a)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-10(a), with edits
                                                         removing the requirement that the
                                                         portable fire extinguishers be
                                                         maintained, inspected, and
                                                         recorded in accordance with NFPA
                                                         10. Add new text, extracted from
                                                         relevant sections of NFPA 10,
                                                         requiring that portable fire
                                                         extinguishers must be accessible,
                                                         have a good operating pressure,
                                                         not be expired or previously
                                                         used, and be maintained in ``good
                                                         and serviceable'' working
                                                         condition.
Sec.   25.30-10(f)...............  Sec.   175.310(b)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-10(f), with text edits
                                                         for clarification.
Sec.   25.30-10(g)...............  Sec.   175.310(c)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-10(g).
Sec.   25.30-10(h)...............  Sec.   175.310(d)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-10(h)(1)-25.30-
                                                         10(h)(4), with edits changing the
                                                         motorboat references to
                                                         recreational vessel references.
Sec.   25.30-10 (i)..............  Sec.   175.310(e)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-10(i), with edits
                                                         changing the motorboat references
                                                         to recreational vessel references.
Sec.   25.30-10(j)...............  Sec.   175.310(f)..  Adopt existing text from 46 CFR     No cost.
                                                         25.30-10(j).
----------------------------------------------------------------------------------------------------------------
                                        Fixed Fire Extinguishing Systems
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-15(a)...............  Sec.   175.315(a)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-15(a) with text edits
                                                         to clarify approved equipment
                                                         must be approved by the
                                                         Commandant (CG-ENG-4).
Sec.   25.30-15(b)...............  Sec.   175.315(b)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-15(b).
Sec.   25.30-15(c)...............  Sec.   175.315(c)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-15(c) with edits to
                                                         update references from NFPA 13 to
                                                         the 46 CFR source.
----------------------------------------------------------------------------------------------------------------
                                      Fire Extinguishing Equipment Required
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-20(a)...............  Sec.   175.320(a)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-20(a)(1) and 25.30-
                                                         20(a)(2), with edits changing the
                                                         motorboat references to
                                                         recreational vessels not more
                                                         than 65 feet.
Table 25.30-20(a)(1).............  Table 1 to Sec.      Incorporate existing table 25.30-   No cost.
                                    175.320(a).          20(a)(1) from 46 CFR 25.30-20(a),
                                                         with edits changing the table
                                                         numbering for clarity.

[[Page 58568]]

 
Figure 25.30-20(a)(1)............  Figure 1 to Sec.     Incorporate existing figure 25.30-  No cost.
                                    175.320(a)(2).       20(a)(1) from 46 CFR 25.30-20(a),
                                                         with edits changing the figure
                                                         numbering for clarity.
Figure 25.30-20(a)(2)............  Figure 2 to Sec.     Incorporate existing figure 25.30-  No cost.
                                    175.320(a)(2).       20(a)(2) from 46 CFR 25.30-20(a),
                                                         with edits changing the figure
                                                         numbering for clarity.
Sec.   25.30-20(c)...............  Sec.   175.320(b)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-20(c)(1)-25.30-
                                                         20(c)(4), with edits changing the
                                                         motor vessels references to
                                                         recreational vessels over 65
                                                         feet, and text edits for clarity.
Table 25.30-20(b)(1).............  Table 1 to Sec.      Incorporate existing table 25.30-   No cost.
                                    175.320(b).          20(b)(1) from 46 CFR 25.30-20(b),
                                                         with edits changing the table
                                                         numbering for clarity.
Sec.   25.30-20(c)...............  Sec.   175.320(b)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-20(c), with edits
                                                         changing the motor vessels
                                                         references to recreational
                                                         vessels over 65 feet.
Sec.   25.30-20(a)(3), Sec.        Sec.   175.320(c)..  Combine the existing text from 46   No cost.
 25.30-20(c)(5).                                         CFR 25.30-20(a)(3) and 25.30-
                                                         20(c)(5) into a new section that
                                                         clarifies table 1 to 46 CFR
                                                         175.320(a) and table 1 to 46 CFR
                                                         175.320(b) containing the minimum
                                                         number of portable fire
                                                         extinguishers needed on a vessel.
----------------------------------------------------------------------------------------------------------------
  Location and Number of Portable Fire Extinguishers Required for Vessels Constructed prior to August 22, 2016
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-80..................  Sec.   175.380.....  Incorporate existing text from 46   No cost.
                                                         CFR subpart 25.30-80 with updated
                                                         references to table 1 to 46 CFR
                                                         175.320(a) and table 1 to 46 CFR
                                                         175.320(b).
----------------------------------------------------------------------------------------------------------------
                                  Vessels Contracted prior to November 19, 1952
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-90..................  Sec.   175.390.....  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-90 with updated
                                                         references to the new 46 CFR 175
                                                         and text edits for clarity.
----------------------------------------------------------------------------------------------------------------
                                           Edits to 46 CFR Part 25.30
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-1...................  ...................  Edit and reorganize paragraph for   No cost.
                                                         clarity.
Sec.   25.30-1...................  ...................  Remove applicability to non-        For recreational
                                                         commercial vessels.                 vessel owners and
                                                                                             operators, there is
                                                                                             a cost savings of
                                                                                             12 minutes per fire
                                                                                             extinguisher per
                                                                                             year on board each
                                                                                             recreational
                                                                                             vessel.
----------------------------------------------------------------------------------------------------------------

Costs
    The Coast Guard considered all potential costs of this final rule. 
We considered the possibility that the States, District of Columbia, 
and territorial jurisdictions may choose to update their statutes and 
regulations because of this final rule if they previously had changed 
their regulations to satisfy NFPA 10. However, based on a thorough 
search of the regulatory documents of the States, District of Columbia, 
and territories, the Coast Guard found no evidence of these 
jurisdictions changing their regulations to satisfy NFPA 10. Therefore, 
these changes will not incur any costs.
Cost Savings
    The primary savings of this final rule stem from alleviating the 
regulatory burden that the Fire Protection rule placed on the 
recreational vessel community. We tried to capture the potential 
aggregate scale of this regulatory burden reduction on the affected 
population of recreational vessel owners, but enforcement and 
compliance data is nonexistent. As an alternative, we provided an 
individual level estimate for the cost savings to the affected 
population of recreational vessel owners. We can offer this estimate 
because individual recreational vessel owners within the affected 
population must currently comply with the NFPA 10 requirements imposed 
by the Fire Protection rule.
    NFPA 10 has specific inspection requirements for both rechargeable 
and non-rechargeable portable fire extinguishers. Owners of vessels 
with non-rechargeable (disposable) fire extinguishers, commonly used in 
the recreational vessel community, are subject to a monthly visual 
inspection ensuring the portable fire extinguisher is available and 
still operational. They also must maintain records of their compliance 
by placing an initial in a logbook as confirmation of a visual 
inspection. Rechargeable portable fire extinguishers are not common in 
the 5-B size that is required for recreational boats and actively must 
be sought and bought from an industrial distributor.
    Rechargeable portable units of this size tend to be special purpose 
extinguishers such as carbon dioxide or clean agent extinguishers 
commonly used in areas such as server rooms, not on recreational boats, 
and come at a significantly higher price. Non-rechargeable or 
disposable portable units are intended for use by the public and are 
the primary type of fire extinguisher on recreational vessels. They are 
primarily marketed to the public because of their low operating and 
maintenance costs, low upfront cost, reliability as well as the ease of 
care, and wide accessibility to be purchased at retail stores. As a 
result, commercial vessel owners generally purchase rechargeable 
portable fire extinguishers, while recreational vessel owners purchase 
non-rechargeable units.
    This rule replaces the required NFPA 10 monthly inspections and 
recordkeeping with a performance standard that vessel owners can meet 
in the manner least burdensome to each owner. Accordingly, we expect 
that this change will not impose any additional costs on recreational 
vessel owners. We estimate the savings to recreational boaters will 
stem from eliminating a recordkeeping burden. We estimate the 
recordkeeping takes 1 minute per month to complete for an annual total 
of 12 minutes per fire extinguisher.\23\ It does

[[Page 58569]]

not include the costs to the boater of traveling to the vessel when it 
is not in use. We did not estimate the travel costs because we do not 
have any data on the average travel time to their vessel when not in 
use. Additionally, we lack data on the number of months a vessel might 
be in use.
---------------------------------------------------------------------------

    \23\ The value of a person's recreational time is dependent on a 
number of factors such as income, age, and employment status. 
Guidance for leisure time's value is available from the U.S. 
Department of Transportation Office of the Secretary memorandum on 
Revised Departmental Guidance on Valuation of Travel Time in 
Economic Analyses and may be found at https://www.transportation.gov/office-policy/transportation-policy/revised-departmental-guidance-valuation-travel-time-economic. With no data 
available on the affected population's income, the median income for 
the nation may be used as a proxy. This is a 12 minute reduction per 
fire extinguisher. We did not have the number of fire extinguishers 
per vessel. As a result, we did not quantify the value of time saved 
by this rule.
---------------------------------------------------------------------------

    Data is not available on how many recreational vessel owners have 
complied with the current NFPA 10 requirements since 2016 because the 
Coast Guard does not track that information. We also have notified the 
States and territories about the NBSAC Resolution 2016-96-02. As a 
result, we acknowledge the nonzero probability that a given vessel 
owner may be complying. Therefore, this final rule may reduce the 
regulatory burden of the recordkeeping requirement for some 
recreational vessel owners. We do not have enough information to 
estimate the aggregate scale of this reduction. However, we provide an 
individual level estimate for the cost savings to the affected 
population of recreational vessel owners legally required to comply. We 
estimate 12 minutes per year per portable fire extinguisher (1 minute 
per month) as the average individual level cost savings.\24\
---------------------------------------------------------------------------

    \24\ This estimate comports with estimates found in OMB 
collections: 2105-0529, 1625-0079 and 1625-0063 as adjusted for 
complexity of the task.
---------------------------------------------------------------------------

Benefits
    By moving from a prescriptive requirement to a performance 
standard, this rule maintains safety preparedness standards while 
allowing recreational vessel owners and operators to meet the safety 
requirements in the way best suited for each owner/operator. By 
shifting the recreational vessel fire extinguishing equipment 
requirements from 46 CFR part 25, subpart 25.30 to 33 CFR part 175, 
subpart E, this rule will create a clear distinction between fire 
extinguishing equipment regulations intended for commercial vessels and 
those intended for recreational vessels. Additionally, we removed 
references to the outdated COMDTINST M16714.3, making the regulatory 
text easier to read and understand.
Alternatives
    The final rule (the preferred alternative) will move the fire 
extinguishing equipment requirements for recreational vessels from 46 
CFR part 25, subpart 25.30 to 33 CFR part 175, new subpart E. This will 
create a clear distinction between fire extinguishing equipment 
regulations intended for commercial vessels and those intended for 
recreational vessels. The final rule will remove all the NFPA 10 
inspection, maintenance and recordkeeping requirements for recreational 
vessels. This change will result in cost savings in the form of time 
savings to recreational vessel owners of 12 minutes per year per fire 
extinguisher on recreational vessels, plus travel time when the vessel 
is not in use. It re-organizes the regulatory text to separate 
recreational vessel fire protection regulations from commercial vessel 
regulations and to consolidate recreational vessel fire extinguishing 
equipment requirements into one subchapter. Lastly, the final rule 
follows the NBSAC recommendation.
    Within the Coast Guard's development of the final rule, we 
considered alternatives to determine if any of them could accomplish 
the stated objectives. Among these alternatives were the following:
Alternative 1: No-Action
    Under this alternative, recreational vessel fire protection rules 
would remain in 46 CFR subpart 25.30, and NFPA 10 would continue to 
apply to recreational vessels. The Coast Guard did not select this 
alternative because it maintains an unnecessary regulatory burden. It 
would also continue a situation that lacks regulatory clarity and 
creates confusion.
Alternative 2: Policy Over Regulation
    This alternative would create a new Coast Guard policy based on 
NBSAC's recommendation to end the applicability of NFPA 10 to motorized 
recreational vessels and outline fire extinguishing equipment 
standards. It would impose no new costs and would have no cost savings. 
The Coast Guard did not select this option because States adopt Coast 
Guard regulations, not Coast Guard policy recommendations. This 
alternative would not amend the current CFR and may cause confusion 
depending on the nature of implementation.
Alternative 3: Add Exemption From NFPA 10 Requirements
    Under this alternative, the Coast Guard would have added language 
to 46 CFR part 25, subpart 25.30 explicitly stating that NFPA 10 does 
not apply to recreational vessels. However, this would remove fire 
equipment applicability for motorized recreational vessels owners. This 
change would also result in the lack of regulatory requirements for 
recreational vessels. It would impose no new costs. The Coast Guard did 
not select this option because this alternative may create a safety 
hazard for motorized recreational vessel owners.

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.
    The final rule alleviates the regulatory burden placed on 
11,052,684 recreational vessels and will move fire extinguishing 
equipment requirements for recreational vessels from 46 CFR part 25, 
subpart 25.30 to a new subpart E (Fire Protection Equipment) in 33 CFR 
part 175. The Coast Guard's economic analysis concluded that it expects 
these changes would not impose additional costs on any of the 
recreational vessels that comprise the affected population in this 
final rule because this rule replaces the required NFPA 10 monthly 
inspections with a performance standard that vessel owners can meet in 
the manner least burdensome to each owner. Additionally, this rule 
eliminates regulatory burdens from the NFPA 10 recordkeeping 
requirements, resulting in an estimated 12 minutes of time savings per 
recreational vessel owner per fire extinguisher, plus travel time when 
the vessel was not in use.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we offer to assist small 
entities in understanding this rule so that they can 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.

[[Page 58570]]

    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 final rule will call for no new collection of information 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. As 
defined in 5 CFR 1320.3(c), ``collection of information'' comprises 
reporting, recordkeeping, monitoring, posting, labeling, and other 
similar actions.

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 final 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 follows.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. The Coast Guard regulates 
recreational vessel safety, including firefighting equipment, under the 
authority contained in 46 U.S.C. 4302. Chapter 43 of 46 U.S.C. contains 
an express preemption provision for recreational vessel safety 
standards. Under 46 U.S.C. 4306, a State or political subdivision of a 
State may not establish, continue in effect, or enforce a law or 
regulation establishing a recreational vessel or associated equipment 
performance or other safety standard, or impose a requirement for 
associated equipment unless: (1) The standard is identical to a Coast 
Guard regulation prescribed under 46 U.S.C. 4302; (2) the Coast Guard 
specifically provides an exemption under 46 U.S.C. 4305; or (3) the 
State standard regulates marine safety articles carried or used to 
address a hazardous condition or circumstance unique to that State (as 
long as the Coast Guard does not disapprove). This final rule 
establishes minimum requirements, under 46 U.S.C. 4302, for fire 
extinguishing equipment for recreational vessels, and, therefore, the 
States may not issue regulations that differ from Coast Guard 
regulations within the categories of safety standards or equipment for 
recreational vessels, except in the limited circumstances identified 
above. Therefore, this final rule is consistent with the fundamental 
federalism principles and preemption requirements described in 
Executive Order 13132.

F. Unfunded Mandates

    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. Although this rule will not result 
in such 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 final 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 final 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 final 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

    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 (for example, 
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 does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this final rule under DHS Management Directive 
023-01, Rev. 1, associated implementing instructions, and Environmental 
Planning COMDTINST 5090.1 (series), which guide the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321-4370f), and have made a determination 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 supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.
    This rule is categorically excluded under paragraphs L52, L54, and 
L57 of Table 1 in Appendix A of DHS Directive 023-01 (series). The 
categorical exclusion (CATEX) L52 pertains to regulations concerning 
vessel operation safety standards; CATEX L54 pertains to regulations 
that are editorial or procedural, such as those updating addresses or 
establishing application procedures; and CATEX 57 pertains to

[[Page 58571]]

regulations concerning manning, documentation, admeasurements, 
inspection, and equipping of vessels.
    This final rule will update Coast Guard regulations pertaining to 
fire extinguishing requirements and the associated standards used by 
recreational vessels.

List of Subjects

33 CFR Part 1

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Penalties.

33 CFR Part 175

    Fire prevention, Marine safety.

46 CFR Part 25

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 1 and 175 and 46 CFR part 25 as follows:

Title 33--Navigation and Navigable Waters

PART 1--GENERAL PROVISIONS

Subpart 1.08--Written Warning by Coast Guard Boarding Officers

0
1. The authority citation for part 1, subpart 1.08, continues to read 
as follows:

    Authority:  14 U.S.C. 503; 49 CFR 1.46(b).


0
2. In Sec.  1.08-1, revise paragraph (a)(8) to read as follows:


Sec.  1.08-1   Applicability.

    (a) * * *
    (8) 46 CFR subpart 25.30, Fire Extinguishing Equipment and 33 CFR 
part 175, subpart E, Fire Protection Equipment;
* * * * *

PART 175--EQUIPMENT REQUIREMENTS

0
3. The authority citation for part 175 continues to read as follows:

    Authority:  46 U.S.C. 4302; Department of Homeland Security 
Delegation No. 0170.1.


0
4. In Sec.  175.3, add in alphabetic order a definition for ``Model 
year'' to read as follows:


Sec.  175.3   Definitions.

* * * * *
    Model year means the period beginning June 1 of a year and ending 
on July 31 of the following year and being designated by the year in 
which it ends.
* * * * *

0
5. Add subpart E, consisting of Sec. Sec.  175.301 through 175.390, to 
read as follows:
Subpart E--Fire Protection Equipment
Sec.
175.301 Applicability.
175.305 General provisions.
175.310 Portable fire extinguishers and semi-portable fire 
extinguishing systems.
175.315 Fixed fire extinguishing systems.
175.320 Fire extinguishing equipment required.
175.380 Condition and number of fire extinguishers required for 
recreational vessels built model year 2017 or earlier.
175.390 Condition and number of fire extinguishers required for 
recreational vessels built before model year 1953.

Subpart E--Fire Protection Equipment


Sec.  175.301   Applicability.

    (a) This subpart applies to recreational vessels that are propelled 
or controlled by propulsion machinery.
    (b) Recreational vessels constructed prior to August 22, 2016, will 
be deemed built before model year 2017 and must meet the requirements 
of 33 CFR 175.380.
    (c) Recreational vessels constructed prior to November 19, 1952, 
will be deemed built before model year 1953 and must meet the 
requirements of 33 CFR 175.390.


Sec.  175.305   General provisions.

    Where fire extinguishing equipment in this subpart is required to 
be of an approved type, such equipment must be approved as provided in 
46 CFR chapter I, subchapter Q. A listing of current and formerly 
approved equipment and materials may be found on the internet at: 
https://cgmix.uscg.mil/equipment. Each OCMI may be contacted for 
information concerning approved equipment.


Sec.  175.310   Portable fire extinguishers and semi-portable fire 
extinguishing systems.

    (a) All portable and semi-portable fire extinguishers must--
    (1) Be on board and readily accessible;
    (2) Be of an approved type;
    (3) Not be expired or appear to have been previously used; and
    (4) Be maintained in good and serviceable working condition, 
meaning:
    (i) If the extinguisher has a pressure gauge reading or indicator 
it must be in the operable range or position;
    (ii) The lock pin is firmly in place;
    (iii) The discharge nozzle is clean and free of obstruction; and
    (iv) The extinguisher does not show visible signs of significant 
corrosion or damage.
    (b) Vaporizing-liquid type fire extinguishers containing carbon 
tetrachloride, chlorobromomethane, or other toxic vaporizing liquids, 
are not acceptable as equipment required by this subpart.
    (c) Portable or semi-portable extinguishers that are required by 
their name plates to be protected from freezing must not be located 
where freezing temperatures may be expected.
    (d) The use of dry chemical stored pressure fire extinguishers not 
fitted with pressure gauges or indicating devices, manufactured prior 
to January 1, 1965, is permitted on board recreational vessels if such 
extinguishers are maintained in good and serviceable condition. The 
following maintenance and inspections are required for such 
extinguishers:
    (1) When the date on the inspection record tag on the extinguishers 
shows that 6 months have elapsed since the last weight check ashore, 
then such extinguishers are no longer accepted as meeting required 
maintenance conditions until they are reweighed ashore, found to be in 
a serviceable condition, and within required weight conditions.
    (2) If the weight of the container is \1/4\ ounce less than that 
stamped on the container, it must be serviced.
    (3) If the outer seal or seals (which indicate tampering or use 
when broken) are not intact, the boarding officer or marine inspector 
will inspect such extinguishers to see that the frangible disc in the 
neck of the container is intact; and, if such disc is not intact, the 
container must be serviced.
    (4) If there is evidence of damage, use, or leakage, such as dry 
chemical powder observed in the nozzle or elsewhere on the 
extinguisher, the extinguisher must be serviced or replaced.
    (e) Dry chemical extinguishers, stored pressure extinguishers, and 
fire extinguishers without pressure gauges or indicating devices, 
manufactured after January 1, 1965, cannot be labeled with the marine 
type label described in 46 CFR 162.028-4. These extinguishers may be 
carried onboard recreational vessels as excess equipment, subject to 
paragraphs (a) and (b) of this section.
    (f) Semi-portable extinguishers must be fitted with a suitable hose 
and nozzle, or other practicable means, so that all portions of the 
space concerned may be covered.


Sec.  175.315   Fixed fire extinguishing systems.

    (a) A fixed fire extinguishing system must be of a type approved by 
the Coast Guard under 46 CFR part 162.

[[Page 58572]]

    (b) A carbon dioxide system must be designed and installed in 
accordance with 46 CFR part 76, subpart 76.15.
    (c) An automatic sprinkler system must be designed and installed in 
accordance with 46 CFR 25.30-15(c).


Sec.  175.320  Fire extinguishing equipment required.

    (a) Recreational vessels 65 feet or less in length. (1) A 
recreational vessel 65 feet or less in length must carry at least the 
minimum number of portable fire extinguishers set forth in table 1 to 
Sec.  175.320(a)(1). A vessel less than 26 feet in length, propelled by 
an outboard motor, is not required to carry portable fire extinguishers 
if the construction of the vessel will not permit the entrapment of 
explosive or flammable gases or vapors.

                     Table 1 to Sec.   175.320(a)(1)
------------------------------------------------------------------------
                                    Minimum number of 5-B portable  fire
                                         extinguishers required \1\
                                   -------------------------------------
           Length (feet)             If no fixed fire    If fixed fire
                                      extinguishing      extinguishing
                                        system in          system in
                                     machinery space    machinery space
------------------------------------------------------------------------
Under 16..........................                  1                  0
16 or more, but less than 26......                  1                  0
26 or more, but less than 40......                  2                  1
40 or more, but not more than 65..                  3                  2
------------------------------------------------------------------------
\1\ One 20-B portable fire extinguisher may be substituted for two 5-B
  portable fire extinguishers.

    (2) Figure 1 to Sec.  175.320(a)(2) illustrates the conditions, 
identified by table 2 to Sec.  175.320(a)(2), under which fire 
extinguishers are required to be carried on board. Figure 2 to Sec.  
175.320(a)(2) illustrates conditions, identified by table 3 to Sec.  
175.320(a)(2), that do not, in themselves, require that fire 
extinguishers be carried.
[GRAPHIC] [TIFF OMITTED] TR22OC21.000


                     Table 2 to Sec.   175.320(a)(2)
------------------------------------------------------------------------
 Location identified in Figure 1 to Sec.      Condition requiring fire
              175.320(a)(2)                        extinguishers
------------------------------------------------------------------------
1........................................  Closed compartment under
                                            thwarts and seats wherein
                                            portable fuel tanks may be
                                            stored.
2........................................  Double bottoms not sealed to
                                            the hull or which are not
                                            completely filled with
                                            flotation material.
3........................................  Closed living spaces.
4........................................  Closed stowage compartments
                                            in which combustible or
                                            flammable materials are
                                            stowed.
5........................................  Permanently installed fuel
                                            tanks.
------------------------------------------------------------------------

                                            [GRAPHIC] [TIFF OMITTED] TR22OC21.001
                                            

[[Page 58573]]


                     Table 3 to Sec.   175.320(a)(2)
------------------------------------------------------------------------
 Location identified in Figure 2 to Sec.      Condition requiring fire
              175.320(a)(2)                        extinguishers
------------------------------------------------------------------------
1........................................  Bait wells.
2........................................  Glove compartments.
3........................................  Buoyant flotation material.
4........................................  Open slatted flooring.
5........................................  Ice chests.
------------------------------------------------------------------------

    (b) Recreational vessels more than 65 feet in length. (1) A 
recreational vessel more than 65 feet in length must carry at least the 
minimum number of portable fire extinguishers specified for its tonnage 
as set forth in table 4 to Sec.  175.320(b)(1).

                     Table 4 to Sec.   175.320(b)(1)
------------------------------------------------------------------------
                    Gross tonnage--                      Minimum  number
--------------------------------------------------------     of  20-B
                                              Not more    portable  fire
                 More than                      than      extinguishers
------------------------------------------------------------------------
                                                     50                1
50........................................          100                2
100.......................................          500                3
500.......................................        1,000                6
1,000.....................................  ...........                8
------------------------------------------------------------------------

    (2) In addition to the portable fire extinguishers required by 
table 4 to Sec.  175.320(b)(1), the following fire extinguishing 
equipment must be fitted in the machinery space:
    (i) One 20-B fire extinguisher must be carried for each 1,000 brake 
horsepower of the main engines or fraction. However, not more than six 
such extinguishers are required to be carried.
    (ii) On recreational vessels of more than 300 gross tons, either 
one 160-B semi-portable fire extinguishing system must be fitted, or 
alternatively, a fixed fire extinguishing system must be fitted in the 
machinery space.
    (3) The frame or support of each 160-B semi-portable fire 
extinguisher required by paragraph (b)(2)(ii) of this section must be 
welded or otherwise permanently attached to a bulkhead or deck.
    (4) If an approved semi-portable fire extinguisher has wheels, it 
must be securely stowed when not in use to prevent it from rolling out 
of control under heavy sea conditions.
    (c) Extinguishers with larger numerical ratings or multiple letter 
designations. Extinguishers with larger numerical ratings or multiple 
letter designations may be used to meet the requirements of table 1 to 
Sec.  175.320(a)(1) and table 4 to Sec.  175.320(b)(1).


Sec.  175.380  Condition and number of fire extinguishers required for 
recreational vessels built model year 2017 or earlier.

    Recreational vessels with a model year between 1953 and 2017 must 
meet the following requirements:
    (a) Previously installed extinguishers with extinguishing 
capacities that are less than what is required in table 1 to Sec.  
175.320(a)(1) or table 2 to Sec.  175.320(b)(1) need not be replaced 
but must be maintained in good condition.
    (b) All extinguishers installed after August 22, 2016, must meet 
the applicable requirements in Sec. Sec.  175.305 through 175.320.


Sec.  175.390  Condition and number of fire extinguishers required for 
recreational vessels built before model year 1953.

    A recreational vessel built before model year 1953 must meet the 
applicable number and general type of equipment provisions of 
Sec. Sec.  175.305 through 175.320. Existing items of equipment and 
installations previously approved but not meeting the applicable 
requirements for type approval may be continued in service provided 
they are in good condition. All new installations and replacements must 
meet the requirements of Sec. Sec.  175.305 through 175.320.

Title 46--Shipping

PART 25--REQUIREMENTS

0
6. The authority citation for part 25 is revised to read as follows:

    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302; 
Department of Homeland Security Delegation No. 00170.1, Revision No. 
01.2, paragraphs (II) (77), (92)(a), and 92(b).


0
7. Revise Sec.  25.30-1 to read as follows:


Sec.  25.30-1  Applicability.

    (a) This subpart applies to all vessels contracted for on or after 
August 22, 2016, except for recreational vessels as defined in 33 CFR 
175.3, which are governed by fire safety equipment requirements at 33 
CFR part 175, subpart E.
    (b) All vessels contracted for before August 22, 2016, and after 
November 19, 1952, except recreational vessels as defined in 33 CFR 
175.3, must meet the requirements of 46 CFR 25.30-80.
    (c) All vessels, contracted for before November 19, 1952, except 
recreational vessels as defined in 33 CFR 175.3, must meet the 
requirements of 46 CFR 25.30-90.

    Dated: October 12, 2021.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2021-22578 Filed 10-21-21; 8:45 am]
BILLING CODE 9110-04-P

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