Marine Equipment on Board Vessels and Offshore Units or Facilities, 33026-33054 [2023-08400]
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
be updated on a quarterly basis
beginning July 2022, to ensure that
actuarial studies of the special
reclamation fund and special
reclamation water trust fund are
informed by current data.
The full text of the program
amendment is available for you to read
at the locations listed above under
ADDRESSES or at www.regulations.gov.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the amendment
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the State program.
Electronic or Written Comments
If you submit written or electronic
comments on the proposed rule during
the 30-day comment period, they should
be specific, confined to issues pertinent
to the proposed regulations, and explain
the reason for any recommended
change(s). We appreciate any and all
comments, but those most useful and
likely to influence decisions on the final
regulations will be those that either
involve personal experience or include
citations to and analyses of SMCRA, its
legislative history, its implementing
regulations, case law, other pertinent
State or Federal laws or regulations,
technical literature, or other relevant
publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
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Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
p.m., EDT on June 7, 2023. If you are
disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
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hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
Executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 948
Intergovernmental relations, Surface
mining, Underground mining.
Thomas D. Shope,
Regional Director, Regional Director, North
Atlantic—Appalachian Region.
[FR Doc. 2023–10820 Filed 5–22–23; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 149
46 CFR Parts 2, 31, 32, 34, 35, 39, 56,
76, 77, 95, 96, 105, 107, 108, 109, 115,
116, 118, 132, 147, 159, 160, 161, 162,
163, 164, 167, 169, 181, 195, and 199
[Docket No. USCG–2020–0519]
RIN 1625–AC76
Marine Equipment on Board Vessels
and Offshore Units or Facilities
Coast Guard, DHS.
Notice of proposed rulemaking.
IV. Statutory and Executive Order
Reviews
AGENCY:
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
The Coast Guard proposes to
revise regulations associated with the
approval, carriage, and maintenance of
certain safety equipment required on
board vessels and offshore units or
facilities. We are taking this action to
align the regulations with the current
industry practice and provide more
transparent regulations for the regulated
industry. These proposed revisions
would eliminate outdated requirements,
reduce inspection and testing
requirements, and update standards
incorporated by reference. Additionally,
this project would remove obsolete
sections and align conflicting sections
with the International Convention for
the Safety of Life at Sea.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 24, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0519 using the Federal Decision
Making Portal at www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance, dated
October 12, 1993, the approval of State
program and is exempted from OMB
review under Executive Order 12866.
Executive Order 13563, which reaffirms
and supplements Executive Order
12866, retains this exemption.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
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ACTION:
SUMMARY:
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
Viewing material proposed for
incorporation by reference. Make
arrangements to view this material by
calling the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this document.
FOR FURTHER INFORMATION CONTACT: For
information about this document, call or
email Lieutenant Jon Taylor, Lifesaving
and Fire Safety Division (CG–ENG–4),
U.S. Coast Guard; telephone 202–372–
1426, email Jon.T.Taylor@uscg.mil.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for
Comments
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Proposed Rule
VI. Incorporation by Reference
VII. 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
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I. Public Participation and Request for
Comments
The Coast Guard views public
participation as essential to effective
rulemaking and will consider all
comments and material received during
the comment period. Your comment can
help shape the outcome of this
rulemaking. If you submit a comment,
please include the docket number for
this rulemaking, indicate the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
www.regulations.gov. To do so, go to
www.regulations.gov, type USCG–2020–
0519 in the search box and click
‘‘Search.’’ Next, look for this document
in the Search Results column, and click
on it. Then click on the Comment
option. If you cannot submit your
material by using www.regulations.gov,
email the person in the FOR FURTHER
INFORMATION CONTACT section of this
proposed rule for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
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‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the
www.regulations.gov Frequently Asked
Questions web page. That web page also
explains how to subscribe for email
alerts that will notify you when
comments are posted or if a final rule is
published. We review all comments
received, but we will only post
comments that address the topic of the
proposed rule. We may choose not to
post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see the
Department of Homeland Security’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
Public meeting. We do not plan to
hold a public meeting but we will
consider doing so if we determine from
public comments that a meeting would
be helpful. We would issue a separate
Federal Register notice to announce the
date, time, and location of such a
meeting.
II. Abbreviations
ASTM American Society for Testing and
Materials
CFR Code of Federal Regulations
CG–BSX Coast Guard Office of Auxiliary
and Boating Safety
CG–ENG Coast Guard Office of Design and
Engineering Standards
COMDTINST Commandant Instruction
COSPAS Space System for the Search of
Vessels in Distress
DHS Department of Homeland Security
EPIRB Emergency Position Indicating Radio
Beacon
FCC Federal Communications Commission
FR Federal Register
IBR Incorporation by reference
IMO International Maritime Organization
ISO International Organization for
Standardization
LSA Life-Saving Appliances
MISLE Marine Information for Safety and
Law Enforcement
MODU Mobile offshore drilling unit
MSC Marine Safety Committee
MSHA Mine Safety and Health
Administration
NIOSH National Institute for Occupational
Safety and Health
NRTL Nationally recognized testing
laboratory
NPRM Notice of proposed rulemaking
NVIC Navigation and Vessel Inspection
Circular
OCMI Officer in Charge, Marine Inspection
OCS Outer Continental Shelf
OMB Office of Management and Budget
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PHS Public Health Service
RTCM Radio Technical Commission for
Maritime Services
SARSAT Search and Rescue Satellite-Aided
Tracking
SCBA Self-contained breathing apparatus
§ Section
SME Subject matter expert
SOLAS International Convention for the
Safety of Life at Sea
U.S.C. United States Code
III. Basis and Purpose
The statutory authority for these
regulations can be found in Title 46 of
the United States Code (U.S.C.),
Sections 3306 and 3703. The authority
to issue regulations, pursuant to these
sections, is delegated to the
Commandant of the Coast Guard under
Department of Homeland Security
(DHS) Delegation No. 00170.1, Revision
No. 01.3, paragraph (II)(92).
Under 46 U.S.C. 3306, the Secretary of
DHS is required to prescribe necessary
regulations to ensure safety of
individuals and property on board
vessels subject to inspection. This
proposed rule would ensure the proper
design, construction, alteration, repair,
and operation of vessels subject to
inspection.
Under 46 U.S.C. 3703, the Secretary is
required to prescribe regulations for the
design, construction, alteration, repair,
maintenance, operation, equipping,
personnel qualification, and manning of
tank and cargo vessels that may be
necessary for increased protection
against hazards to life and property,
navigation and vessel safety, and
enhanced protection of the marine
environment.
This proposed rule would revise titles
33 of the Code of Federal Regulations
(CFR), chapter I, subchapters NN, and
46 CFR, chapter I, subchapters A, D, F,
H, I, I–A, K, L, N, Q, R, T, U, and W.
These subchapters are associated with
approving, carrying, and maintaining
certain safety equipment required on
board vessels and offshore units or
facilities. The proposed revisions in this
notice of proposed rulemaking (NPRM)
would eliminate outdated requirements,
reduce inspection and testing
requirements, modify submission
requirements for equipment approval to
allow materials to be submitted
electronically, and update standards
incorporated by reference. Additionally,
this proposed rule would remove
numerous obsolete sections and update
sections to bring them into compliance
with the International Convention for
the Safety of Life at Sea (SOLAS) and
related regulations.
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
IV. Background
The Coast Guard conducted a
comprehensive review of regulations
regarding the approval, carriage, and
maintenance of marine equipment on
U.S.-flagged vessels. The Coast Guard
continues to review regulations with the
goals of updating the references to
incorporated standards that have been
modified, clarifying language, and,
where possible, providing additional
regulatory flexibility and to minimize
the regulatory burden on the affected
vessels, and removing obsolete rules to
ensure marine equipment requirements
are current with emerging technology
and industry standards.
V. Discussion of Proposed Rule
In general, this proposed rule would
make the following changes to various
subchapters in titles 33 and 46 of the
CFR:
(1) Modify equipment approval
submission requirements to allow for
materials to be submitted electronically
to typeapproval@uscg.mil, instead of the
existing requirement of paper
submissions in triplicate;
(2) Remove obsolete regulations for
pilot hoists that are no longer allowed
on U.S.-flagged vessels;
(3) Allow vessel owners and operators
to use a third party to test the properties
and quality of their firefighting foam;
(4) Revise the requirements for
pressure vacuum relief valves to align
with international consensus standards;
(5) Update requirements for lifeboat
and rescue boat releasing mechanisms
on board mobile offshore drilling units
(MODUs) and Outer Continental Shelf
(OCS) facilities to allow for lifeboats
that serve as rescue boats to carry
lifeboat releasing mechanisms;
(6) Remove prescriptive design
requirements for lifeboat, rescue boat,
and liferaft winch limit switches and
align requirements with the Life-Saving
Appliances (LSA) Code;
(7) Remove a redundant flame-spread
testing requirement for nonmetallic
piping used in certain vessels;
(8) Revise the ‘‘end-for-ending’’
requirement for launching appliance
falls (wire ropes) to align with SOLAS,
which allows for a fall replacement
interval of 5 years without end-forending;
(9) Change the interval for hydrostatic
testing of all inert gas firefighting
extinguishing system bottles to align
with the hydrostatic testing intervals for
carbon dioxide and Halon firefighting
extinguishing systems. The interval
would change from at least once every
5 or 10 years (depending on bottle size)
to once every 12 years;
(10) Remove the Mine Safety and
Health Administration’s (MSHA)
approval requirement for self-contained
breathing apparatuses (SCBAs) because
MSHA no longer certifies this type of
equipment for marine use;
(11) Revise the standards of fireresistant fiber-reinforced plastic resin
used to manufacture survival craft and
rescue boats to allow the use of
additional international standards;
(12) Remove the requirement for Coast
Guard approval of Emergency Position
Indicating Radio Beacons (EPIRBs) and
codify the current policy in which the
Coast Guard reviews test data,
instruction manuals, drawings and
specifications of the EPIRB and issues a
letter to the manufacturer stating
whether the EPIRB satisfies all Radio
Technical Commission for Maritime
Services (RTCM) Recommended
Standards. This aligns with the
requirements as set out in 47 CFR
80.1061.
(13) Add an option for the use of fire
detection systems as excess equipment
for MODUs, and a grandfathering clause
for fire extinguishers on board nautical
school vessels;
(14) Make editorial changes to clarify
language, correct typographical errors,
and delete repetitive words;
(15) Update incorporations by
reference (IBRs), remove outdated IBRs,
and revise CFR cite references to the
correct IBRs;
(16) Correct errors in fire extinguisher
quantities and ratings from a previous
rulemaking; and
(17) Clarify structural fire protection
requirements for means of egress on 46
CFR subchapter K vessels.
Table 1 provides a list of the types of
changes, summaries of the proposed
changes, and the subparts affected by
this proposed rule. Further explanation
for each of these categories can be found
after the table.
TABLE 1—SUMMARY OF PROPOSED CHANGES AND CFR SUBPARTS AND SECTIONS AFFECTED
Equipment involved or type of
change
Affected CFR subparts and sections
CFR References and Changes to
IBRs.
1. Deletes references to outdated IBRs
and corrects improper IBRs in regulation text.
2. Corrects improper CFR references.
Editorial ........................................
1.
2.
3.
1.
Electronic Submissions ................
End-for-Ending Launching Appliance Falls.
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Proposed changes
EPIRB ...........................................
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Clarifies language ..................................
Corrects typographical errors.
Deletes repetitive words and wording.
Adds option to submit equipment approval materials electronically..
2. Removes requirement for multiple copies of submissions for equipment approval, if submitted electronically.
1. Removes requirement for ‘‘end-for-ending’’ for launching appliance falls, to
align with SOLAS.
2. Revises interval for launching appliance
falls replacement to 5 years.
Aligns Coast Guard acceptance of
EPIRBs in 46 CFR with Federal Communications Commission (FCC) requirements in 47 CFR and standards established by the Space System for the
Search of Vessels in Distress
(COSPAS), Search and Rescue Satellite-Aided Tracking (SARSAT), and
RTCM.
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46 CFR 115.810(b)(1), 46 CFR 118.500(d), 46 CFR 160.171–3, 46 CFR 160.174–3,
46 CFR 161.002–18(a)(3), 46 CFR 161.002–19(a)(3), 46 CFR 161.002–19(b)(3),
46 CFR 162.017–0, 46 CFR 164.106–3(a), 46 CFR 164.137–2(b)(2), 46 CFR
164.137–3(a), 46 CFR 164.138–2(a), 46 CFR 164.138–2(b)(2), 46 CFR 164.138–
3(a), 46 CFR 164.139–2(a), 46 CFR 164.139–2(b)(2), 46 CFR 164.139–3(a).
33 CFR 149.410, 46 CFR 56.60–25(a)(4), 46 CFR 108.495, 46 CFR 162.017, 46
CFR 181.500(b)
46 CFR 2.75–10(b), 46 CFR 159.001–5, 46 CFR 160.115–9(b), 46 CFR 160.115–
13(g)(2), 46 CFR 160.132–9(b), 46 CFR 160.132–13(g)(2), 46 CFR 160.133–9(b),
46 CFR 160.133–13(g)(2), 46 CFR 160.135–9(b), 46 CFR 160.135–13(g)(2), 46
CFR 160.156–9(b), 46 CFR 160.156–13(g)(2), 46 CFR 160.170–9(b), 46 CFR
160.170–13(g)(2), 46 CFR 161.002–18(a), 46 CFR 161.002–19(a)(2), 46 CFR
161.012–5(a), 46 CFR 161.012–5(b)(2), 46 CFR 161.013–11(c)(1), 46 CFR
161.013–17, 46 CFR 162.050–15(a), 46 CFR 162.060–40(b), 46 CFR 164.009–
9(a), 46 CFR 164.018–7(a), 46 CFR 164.018–7(b)(2).
46 CFR 109.301(j), 46 CFR 199.190(j).
46 CFR 161.011–1, 46 CFR 161.011–5, 46 CFR 161.011–10.
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
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TABLE 1—SUMMARY OF PROPOSED CHANGES AND CFR SUBPARTS AND SECTIONS AFFECTED—Continued
Equipment involved or type of
change
Proposed changes
Equipment Deletion ......................
Deletes pilot hoist approval series,
§ 163.002, and associated references in
various subchapters.
1. Corrects fire extinguisher ratings ..........
2. Clarifies fire extinguisher quantities.
3. Adds option to allow use of nationally
recognized testing laboratory (NRTL)
listed and labeled fire detection systems
as excess equipment for MODUs.
4. Adds grandfathering provision for fire
extinguishers for public nautical school
ships and sailing school ships.
1. Adds option for third-party testing for
foam concentrates.
2. Aligns testing processes with requirements in SOLAS and Coast Guard Office of Design and Engineering Standards (CG–ENG) Policy Letter 01–20,
Third Party Foam Concentration Analysis.
Revises hydrostatic testing requirements
for inert gas bottles to every 12 years.
1. Adds an option in 46 CFR subchapter
I–A to allow lifeboats also serving as a
rescue boat to have lifeboat release
mechanisms instead of rescue boat release mechanisms.
2. Aligns this regulation with a similar regulation in 46 CFR subchapter W.
Removes redundant fire testing requirements for nonmetallic piping in 46 CFR
subchapter K.
1. Revises requirements for approving
pressure-vacuum relief valves.
2. Updates IBR edition.
Removes approval series for fire-retardant
resins and incorporates approval of
these resins into approvals for lifeboats
and rescue boats.
Removes obsolete requirement for MSHA
approval for SCBAs.
Clarifies the stairwell structural fire protection and means of egress requirements
for 46 CFR subchapter K vessels.
1. Removes prescriptive design requirements for winch and davit safety devices under the LSA Code.
2. Aligns the safety device requirement
with the LSA Code.
Fire Protection and Other Conforming Amendments.
Foam Testing ...............................
Hydrostatic Testing for Inert Gas
Cylinders.
MODU Lifesaving Appliance Release Mechanism.
Nonmetallic Piping .......................
Pressure-Vacuum Relief Valves ..
Resins for Lifeboats and Rescue
Boats.
Self-Contained Breathing Apparatus.
Stairwell Structural Fire Protection
and Means of Egress.
Winches and Davits .....................
CFR References and Changes to IBRs
This rule proposes to delete
references to outdated IBR material in
regulation text, delete corresponding
IBR titles and information listed in the
centralized IBR section(s), correct
improper IBR cites in regulatory text,
and correct improper CFR references as
outlined in table 1. See table 3 for
additional information.
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Editorial
Editorial changes in this proposed
rule would clarify language, correct
typographical errors, and delete
repetitive language in various
subchapters in titles 33 and 46 of the
CFR as noted in table 1.
Electronic Submissions
Current regulations require
manufacturers that produce marine
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Affected CFR subparts and sections
46 CFR 32.90–1(h), 46 CFR 77.40–1(h), 46 CFR 96.40–1(h), 46 CFR 108.719(h),
46 CFR 163.002, 46 CFR 195.40–1(h).
46 CFR 34.10–90(a)(3), 46 CFR 34.50–10(a), 46 CFR 76.50–10(a), 46 CFR 95.50–
10(a), 46 CFR 105.14(a), 46 CFR 108.103, 46 CFR 108.489(a)(3), 46 CFR
118.500(c), 46 CFR 167.45–40, 46 CFR 167.45–65, 46 CFR 167.45–70, 46 CFR
167.45–71, 46 CFR 167.45–75, 46 CFR 169.567(a), 46 CFR 169.568.
46 CFR 31.10–18(c), 46 CFR 107.235(b)(4).
46 CFR 147.66(a), 46 CFR 147.66(c).
46 CFR 108.570(c)(3).
46 CFR 116.405(f).
46 CFR 39.1005, 46 CFR 39.2011(b)(1), 46 CFR 162.017–1, 46 CFR 162.017–2, 46
CFR 162.017–3(n), 46 CFR 162.017–3(r), 46 CFR 162.017–6.
46 CFR 160.135–5(d), 46 CFR 160.135–7(b)(3)(iv)(A), 46 CFR 160.156–5(d), 46
CFR 160.156–7(b)(3)(iv)(A), 46 CFR 164.120.
46 CFR 35.30–20(c)(1), 46 CFR 77.35–5(b), 46 CFR 96.35–5(b), 46 CFR
108.497(a), 46 CFR 132.365(b)(1), 46 CFR 167.45–60(a), 46 CFR 169.717(a)(1).
46 CFR 116.400(c).
46 CFR 160.115–7(b)(6)(vi).
safety equipment needing approval to
mail their paper application and
supporting documentation in triplicate.
The requirement for submitting paper
plans in triplicate allows the office
reviewing the plans to mark the plans as
‘‘approved’’ and return one copy to the
submitter, retain one copy in the office’s
files, and forward the third copy to the
cognizant Officer in Charge, Marine
Inspection (OCMI). However, in current
practice, manufacturers submit their
applications electronically via
typeapproval@uscg.mil. When plans are
submitted electronically, they can be
stamped electronically and filed or
distributed, as described above, without
the need for printing or duplication.
According to internal mail tracking data,
in the last 5 years, 99.2 percent of all
submissions related to applications for
equipment approval were submitted
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electronically. This proposed rule
would modify the submission
requirements for equipment approval to
codify the use of electronic submissions.
The CFR sections listed in table 1 would
be updated to include optional
electronic submissions and remove
requirements to submit multiple copies
of plans or test reports. If a
manufacturer desires a stamped hard
copy of plans, the hard copy plans may
be submitted in triplicate, or
accompanied by electronic plans, so
that the copies may be filed or
distributed as described above.
End-for-Ending Launching Appliance
Falls
Currently, 46 CFR 109.301(j) and
199.190(j) require that falls for
launching appliances be replaced when
necessary due to deterioration or at least
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every 5 years, whichever is earlier.
Additionally, the falls must be turned
end-for-end not more than 30 months
after installation (the phrase, ‘‘turned
end-for-end’’ means rotating the wire
ropes so the ropes wear evenly). These
regulations allow an alternative to the
end-for-ending requirements; however,
in that case, the falls must be replaced
at least every 4 years. This rule proposes
to remove the ‘‘end-for-ending’’
requirement for these launching
appliance falls and require falls to be
replaced at least every 5 years to align
with SOLAS Chapter III, which allows
for a fall replacement interval of 5 years
without end-for-ending. This proposed
rule would keep the requirement to
replace falls when they show signs of
deterioration. It has been Coast Guard
policy per Commandant Instruction
(COMDTINST) M16000.7B, USCG
Marine Safety Manual Vol. II B1
P.3.a(1)(c) 1 that falls may be replaced in
5-year intervals if they are serviced in
accordance with SOLAS Chapter III,
Regulation 20.4.
EPIRB
Section 161.011–5 of title 46 of the
CFR requires Coast Guard approval of
EPRIBs. However, the FCC in its
‘‘Maritime Communications’’ final rule
(68 Federal Register (FR) 46974, August
7, 2003), changed the approval process
for EPIRBs in 47 CFR 80.1061. This
update, which is still in effect, required
FCC approval for EPIRBs, but required
the Coast Guard to accept EPIRBs
compliant to COSPAS, SARSAT, and
RTCM standards before the FCC’s
review. Currently, the Coast Guard
issues a letter stating compliance with
these standards and does not issue
approval for EPIRBs. This rule proposes
to remove the requirement for Coast
Guard approval of EPIRBs and align the
Coast Guard’s responsibility in title 46
of the CFR with the process in title 47
of the CFR.
lotter on DSK11XQN23PROD with PROPOSALS1
Equipment Deletion
This rule proposes to delete
references to pilot hoists as approved
equipment in 46 CFR subpart 163.002
by removing this subpart from the CFR.
In 2010, an International Maritime
Organization (IMO) Resolution of the
Marine Safety Committee (MSC),
Resolution MSC.308(88),2 banned the
1 U.S. Coast Guard, Marine Safety Manual
Volume II: Materiel Inspection, ‘‘CH–2 to Marine
Safety Manual Volume II, COMDINST M16000.7B,’’
https://www.dco.uscg.mil/Portals/9/
DCO%20Documents/5p/CSNCOE/
USCG%20Marine%20Safety%20
Manual%20Volume%20II%20-%20Material
%20Inspection.pdf.
2 Resolution MSC.308(88), ‘‘Amendments to the
International Convention for the Safety of Life at
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use of pilot hoists on SOLAS vessels
and updated SOLAS Chapter V
requirements accordingly. Further,
pilots in the United States do not use
pilot hoists to embark a vessel. There
are currently no Coast Guard-approved
pilot hoists and there has not been a
Coast Guard-approved pilot hoist since
2000. This proposed rule would also
remove references to pilot hoists in 46
CFR subchapters D, H, I, I–A, and U.
Fire Protection and Other Conforming
Amendments
Navigation and Vessel Inspection
Circular (NVIC) 7–80, Use of Fire
Detection Systems Which are Not
Approved Under 46 CFR 161.002,3
allows the use of non-approved fire
detection systems as excess equipment
on board vessels if the system is listed
and labeled by an NRTL. This proposed
rule would add the allowance for a fire
detection system listed and labeled by
an NRTL to be used as excess
equipment for 46 CFR subchapter I–A
aligned with the guidance set forth in
NVIC 7–80.
Also, the 2016 final rule,
‘‘Harmonization of Standards for Fire
Protection, Detection, and Extinguishing
Equipment’’ (81 FR 48219, July 22,
2016), updated the design and approval
standards for fire extinguishing
equipment by changing the portable fire
extinguisher ratings system from a
weight-based rating system to the
Underwriters Laboratories, Inc. (UL)
performance-based rating system. That
2016 rule added a grandfathering clause
to several sections in titles 33 and 46 of
the CFR; 4 however, this clause was
mistakenly left out for public nautical
school ships and sailing school ships in
46 CFR subchapter R. This proposed
rule would correct the oversight.
The previously mentioned
‘‘Harmonization of Standards for Fire
Protection, Detection, and Extinguishing
Equipment’’ rule also updated the
portable fire extinguisher ratings system
throughout title 46 of the CFR. In
implementing that complex rule, there
were errors in extinguisher quantities
and ratings in 46 CFR subchapters H, I,
K, and R as listed in table 1. This
Sea, 1974, as amended,’’ adopted December 3, 2010,
https://wwwcdn.imo.org/localresources/en/
KnowledgeCentre/IndexofIMOResolutions/
MSCResolutions/MSC.308(88).pdf.
3 Department of Transportation and U.S. Coast
Guard, NVIC 7–80, ‘‘Use of Fire Detection Systems
Which are Not Approved Under 46 CFR 161.002,’’
https://www.dco.uscg.mil/Portals/9/
DCODocuments/5p/5ps/NVIC/1980/n7-80.pdf.
4 The 2016 final rule applied the grandfathering
clause for vessels identified in 33 CFR 145.15 and
149.410, and 46 CFR 25.30–80, 34.50–80, 76.50–80,
95.50–80, 108.491(b), 132.250, and 193.50–90.
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proposed rule would correct those
errors.
Foam Testing
Tank vessels and MODUs fitted with
deck foam systems are required by 46
CFR 31.10–18(c) and 46 CFR
107.235(b)(4) to submit a representative
sample of foam concentrate to the foam
manufacturer to test foam gravity, pH,
percentage of water dilution, and solid
content. There are numerous
laboratories other than those owned by
foam manufacturers that can test
firefighting foam concentrates. This
proposed rule would add an option to
allow third-party testing for firefighting
foam concentrate. Allowing third parties
that are accepted by the Coast Guard to
test firefighting foam concentrates could
be less burdensome to the vessel owners
and operators and provide a level of
safety similar to the current
requirements that the manufacturer of
the firefighting foam be the sole tester.
Additionally, using a third party to test
the properties of firefighting foam
would increase the number of
companies available to test firefighting
foam properties. This proposed rule
would also align with SOLAS
requirements and codify CG–ENG
Policy Letter 01–20, Third Party Foam
Concentration Analysis.5
Hydrostatic Testing for Inert Gas
Cylinders
This proposed rule would change the
interval for hydrostatic testing of all
inert gas fire extinguishing system
bottles in 46 CFR 147.66 from at least
once in every 5 or 10 years (depending
on bottle size) to once in every 12 years.
This change would align the hydrostatic
testing intervals for inert gas fire
extinguishing system bottles with the
intervals for carbon dioxide and halon
fire extinguishing system bottles in 46
CFR 147.65 and 147.67, respectively.
The Coast Guard is not aware of any
data or studies that demonstrate the
need for a shorter hydrostatic testing
interval for inert gas extinguishing
system bottles compared to carbon
dioxide extinguishing system bottles.
Further, this proposed change would
reduce servicing costs for vessel owners
or operators without increasing risk.
5 U.S. Coast Guard, CG–ENG Policy Letter 01–20
Third Party Foam Concentration Analysis, June 23,
2020, https://www.dco.uscg.mil/Portals/9/
DCO%20Documents/5p/5ps/
Design%20and%20Engineering%20Standards/
Life%20Saving%20and%20Fire%20Safety/Docs/
CG-ENG%20PL%2001-20%20Foam%20Testing.
pdf?ver=2020-07-09-142932-267.
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
MODU Lifesaving Appliance Release
Mechanism
Per 46 CFR 108.570(c)(3), single fall
lifeboats, which also serve as rescue
boats on board MODUs and OCS
facilities, are required to have an
automatic release mechanism approved
under approval series 46 CFR subpart
160.170. This proposed rule would add
an option in 46 CFR 108.570(c)(3) to
allow lifeboats also serving as a rescue
boat to have lifeboat release
mechanisms instead of rescue boat
release mechanisms. This would allow
owners and operators of MODUs and
OCS facilities the choice to select from
a broader range of equipment options
available to non-SOLAS lifeboat and
rescue boat-releasing mechanisms. This
change would align this regulation with
a similar regulation in 46 CFR
199.160(d)(2). There is no reason to treat
lifeboats that also serve as rescue boats
on offshore units differently than those
units installed on board ships.
Nonmetallic Piping
Title 46 CFR 116.405(f) requires that
nonmetallic (that is, plastic) piping in
concealed spaces of small passenger
vessels subject to 46 CFR subchapter K
be tested under the American Society
for Testing and Materials (ASTM) E84
standard and meet a certain set of
performance criteria. However, plastic
piping is already required to be
approved by the Coast Guard under 46
CFR subpart 164.141. The testing
standard to gain this approval is a
different test standard than the ASTM
E84 test. Requiring two different testing
standards is redundant and provides no
additional benefits, adds confusion by
preventing approved piping from being
used, and increases the cost for pipe
manufacturers and purchasers. The
Coast Guard is proposing to remove the
requirement to test nonmetallic pipes to
ASTM E84 and clarify that if
nonmetallic piping is used in concealed
spaces, it must be approved under
approval series 46 CFR 164.141.
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Pressure-Vacuum Relief Valves
Pressure-vacuum relief valves for tank
vessels required in 46 CFR 32.20–5 and
39.2011(b) must be Coast Guardapproved to approval series 46 CFR
subpart 162.017. Currently, in 46 CFR
subpart 162.017, International
Organization for Standardization (ISO)
standard 15364 is incorporated by
reference and is an alternative standard
to the prescriptive requirements in 46
CFR subpart 162.017 for approval of
pressure-vacuum relief valves. This
proposed rule would amend 46 CFR
39.2011(b) to allow ISO 15364 valves, or
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valves otherwise accepted by foreignflag Administrations, as acceptable
alternatives to the type-approval
requirements of 46 CFR subpart
162.017. This proposed rule would
better align our regulations for pressurevacuum relief valves with SOLAS
requirements. This proposed rule would
also amend 46 CFR 162.017–3(g) to
replace the words ‘‘overhauling and
repairs’’ with ‘‘maintenance,’’ 46 CFR
162.017–3(n) to correct an editorial
error, and 46 CFR 162.017–6 to clarify
the application process.
Resins for Lifeboats and Rescue Boats
Manufacturers of fiber-reinforced
plastic survival craft and rescue boats
who seek Coast Guard equipment
approval are required to use resin
accepted in 46 CFR subpart 164.120.
This rule proposes to revise the
regulations for survival craft and rescue
boats (46 CFR subparts 160.135 and
160.156) to incorporate by reference
MSC/Circular 1006, ‘‘Guidelines on Fire
Test Procedures for Acceptance of FireRetardant Materials for the Construction
of Lifeboats,’’ 6 an international standard
for fire retardant resins that is already
incorporated by reference in 46 CFR
subpart 164.120. This proposed rule
would delete 46 CFR subpart 164.120
and add a review of fire-retardant resins
in 46 CFR subparts 160.135 and
160.156. The Coast Guard would no
longer maintain a list of accepted resins.
Currently, there are 15 standards (4 ISO
and 11 ASTM) incorporated by
reference in subpart 164.120 that are out
of date. There is no indication that using
the standards for resins specified in the
regulations, instead of other standards,
is necessary for safely constructing
fiberglass-reinforced plastic survival
craft and rescue boats.
Self-Contained Breathing Apparatus
All vessels regulated in 46 CFR
subchapters D, K, I, I–A, L, R, and U are
required to carry an SCBA as a part of
a firefighting or emergency outfit.
Currently, the regulations require these
SCBAs to hold a MSHA approval.
However, MSHA has not approved this
equipment since 1995, when the Public
Health Service (PHS) published the
‘‘Respiratory Protective Devices’’ final
rule (60 FR 30336, June 8, 1995). This
proposed rule would delete the obsolete
requirement for SCBAs on inspected
vessels to be approved by MSHA and
would align title 46 of the CFR with
MSHA and PHS regulations.
6 MSC/Circular 1006, ‘‘Guidelines on Fire Test
Procedures for Acceptance of Fire-Retardant
Materials for the Construction of Lifeboats’’ is
available to view in the docket (USCG–2020–0519).
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33031
Stairwell Structural Fire Protection and
Means of Egress
The ‘‘Harmonization of Standards for
Fire Protection, Detection, and
Extinguishing Equipment’’ rule added
an option for inspected domestic vessels
to meet either the structural fire
protection requirements of SOLAS
Chapter II–2, or the structural protection
requirements found in the subchapter
under which the vessel is inspected.
The 2016 rule was intended to allow
any U.S.-flagged vessel to be built to the
requirements in SOLAS Chapter II–2,
even if it is not certificated to SOLAS,
which allows greater flexibility in
design. However, the Coast Guard
believes the 2016 rule used ambiguous
language regarding the means of egress
requirements for 46 CFR subchapter K
vessels that used the SOLAS Chapter II–
2 option for structural fire protection.
This proposed rule would add language
to clarify the means of egress
requirements if subchapter K vessels use
the SOLAS Chapter II–2 structural fire
protection requirements for a design
basis. This proposed rule would also
harmonize stairways and ladders that
meet SOLAS’s structural and
nonstructural fire protection
requirements with U.S. design,
structural, and nonstructural fire
protection requirements.
Winches and Davits
This proposed rule would remove
prescriptive design requirements of
safety devices for lifeboat, rescue boat,
and liferaft winches, and align the safety
device requirement with the LSA Code.
Currently, 46 CFR 160.115–7(b)(6)(vi)
requires that winches for survival craft
or rescue boats have a limit switch on
each davit arm to prevent damage to the
launching equipment. However,
requiring one limit switch for each davit
arm is inconsistent with the IMO’s LSA
Code. The Coast Guard is proposing to
remove this prescriptive design
requirement and align the safety device
requirement with the LSA Code. This
proposed rule would allow launching
appliance manufacturers to use different
technologies to achieve the safety
performance criteria of the LSA Code.
VI. Incorporation by Reference
Material proposed for IBR appears in
46 CFR 39.1005, 39.2011, 160.135–5,
160.135–7, 160.156–5, and 160.156–7.
The standards are summarized in
section VIII. L. Technical Standards, of
this preamble. For information about
how to view this material, see the
ADDRESSES section of this preamble.
Copies of the material are reasonably
available from the sources listed in
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33032
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
§§ 39.1005, 160.135–5, and 160.156–5.
The following standards have already
been approved for the locations where
they appear in the proposed amendatory
text and no change to the incorporation
by reference is proposed: SOLAS,
Chapter II–2, NFPA 2001, and FTP
Code. Before publishing a final rule, we
will submit this material to the Director
of the Federal Register for approval of
the IBR.
VII. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
A summary of our analyses based on
these statutes or Executive orders
follows.
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 costs and benefits, reducing
costs, harmonizing rules, and promoting
flexibility.
The Office of Management and Budget
(OMB) has not designated this proposed
rule a significant regulatory action
under section 3(f) of Executive Order
12866. Accordingly, OMB has not
reviewed this proposed rule. The Coast
Guard estimates this proposed rule
would have no additional costs. The
Coast Guard estimates this proposed
rule would result in additional cost
savings to industry with no reduction or
change in safety benefits. Details on the
estimated cost savings of this proposed
rule can be found in the regulatory
analysis that follows.
The Coast Guard is proposing to
revise the requirements in 33 CFR
subchapter NN, and 46 CFR subchapters
A, D, F, H, I, I–A, K, L, N, Q, R, T, U,
and W. These subchapters are
associated with approving, carrying, and
maintaining certain safety equipment
required on board vessels, offshore
units, deepwater ports, and recreational
vessels. These proposed revisions
would eliminate outdated requirements,
update standards incorporated by
reference, and reduce the frequency of
inspection and testing requirements for
foam fire-extinguishing systems, inert
gas cylinders, and lifeboat wire falls.
Additionally, this proposed rule would
remove obsolete sections and align
conflicting sections with codes
associated with the SOLAS of 1974 and
the SOLAS Protocol of 1978: articles,
annexes, and certificates. We expect the
cost savings of this proposed rule to be
associated with three items: hydrostatic
testing of inert gas bottles, testing
firefighting foam concentrates for fixed
foam fire extinguishing systems, and
replacing the fall wire ropes associated
with lifeboats. Table 2 provides a
summary of the impacts of the proposed
rule.
TABLE 2—SUMMARY OF IMPACTS OF THE PROPOSED RULE
Category
Summary
Applicability ........................................................................
Update 33 CFR, chapter I, subchapter NN, and 46 CFR, chapter I, subchapters A, D,
F, H, I, I–A, K, L, N, Q, R, T, U, and W.
581 U.S.-flagged vessels:
• 132 carrying foam fire systems,
• 14 carrying inert gas bottles, and
• 435 carrying lifeboats.
There would be no costs to industry or the Federal Government because this proposed rule would reduce burden and instead generate cost savings.
Provide flexibility by offering third-party testing options for certain safety equipment.
Reduce confusion and administrative burdens by (1) removing obsolete regulations
and IBRs, and outdated references, and (2) updating standards to align with
SOLAS, related regulations, and current industry practice.
Cost savings to industry:
10-year: $2,493,189.
Annualized: $354,974.
Affected Population ............................................................
Costs ..................................................................................
Benefits ..............................................................................
Cost savings (7% discount rate) * ......................................
* Totals may not sum due to independent rounding.
Regulatory Changes of the Proposed
Rule by CFR Subparts and Sections
Table 3 presents proposed regulatory
changes with an assessment of the
economic impact of the changes
proposed to titles 33 and 46 of the CFR.
The table shows the category of each
proposed change, proposed affected
CFR subparts and sections and
descriptions of their changes, and
whether there would be cost savings or
no economic impact from the changes.
TABLE 3—REGULATORY CHANGES OF THE PROPOSED RULE BY CFR SUBPARTS AND SECTIONS
lotter on DSK11XQN23PROD with PROPOSALS1
Equipment involved or type
of change
Proposed changes
Affected CFR subparts and sections
CFR References and
Changes to IBRs.
1. Deletes references to outdated IBRs and corrects improper IBRs in regulation text.
2. Corrects improper CFR references.
Editorial ..............................
1. Clarifies language ..................
2. Corrects typographical errors
3. Deletes repetitive words and
wording.
46 CFR 115.810(b)(1), 46 CFR 118.500(d), 46 CFR 160.171–3,
46 CFR 160.174–3, 46 CFR 161.002–18(a)(3), 46 CFR
161.002–19(a)(3), 46 CFR 161.002–19(b)(3), 46 CFR 162.017–
0, 46 CFR 164.106–3(a), 46 CFR 164.137–2(b)(2), 46 CFR
164.137–3(a), 46 CFR 164.138–2(a), 46 CFR 164.138–2(b)(2),
46 CFR 164.138–3(a), 46 CFR 164.139–2(a), 46 CFR
164.139–2(b)(2), 46 CFR 164.139–3(a).
33 CFR 149.410, 46 CFR 56.60–25(a)(4), 46 CFR 108.495, 46
CFR 162.017, 46 CFR 181.500(b).
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Economic impact
23MYP1
No impact; editorial.
No impact; editorial.
33033
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
TABLE 3—REGULATORY CHANGES OF THE PROPOSED RULE BY CFR SUBPARTS AND SECTIONS—Continued
Equipment involved or type
of change
Proposed changes
Affected CFR subparts and sections
Economic impact
Electronic Submissions .....
1. Adds option to submit equipment approval materials electronically.
2. Removes requirement for
multiple copies of submissions
for equipment approval, if submitted electronically.
No impact; aligns with current industry practice. Over the past
5 years, the Coast Guard has
received 99.2 percent of the
submissions electronically. So,
this proposed rule would codify the use of electronic submission.
End-for-Ending Launching
Appliance Falls.
1. Removes requirement for
‘‘end-for-ending’’ for launching
appliance falls, to align with
SOLAS.
2. Revises interval for launching
appliance falls replacement to
5 years.
Aligns Coast Guard acceptance
of EPIRBs in 46 CFR with
Federal Communications
Commission (FCC) requirements in 47 CFR and standards established by the Space
System for the Search of Vessels in Distress (COSPAS),
Search and Rescue SatelliteAided Tracking (SARSAT),
and RTCM.
Deletes pilot hoist approval series, § 163.002, and associated references in various
subchapters.
1. Corrects fire extinguisher ratings.
2. Clarifies fire extinguisher
quantities.
3. Adds option to allow use of
nationally recognized testing
laboratory (NRTL) listed and
labeled fire detection systems
as excess equipment for
MODUs.
4. Adds grandfathering provision
for fire extinguishers for public
nautical school ships and sailing school ships.
1. Adds option for third-party
testing for foam concentrates.
2. Aligns testing processes with
requirements in SOLAS and
Coast Guard Office of Design
and Engineering Standards
(CG–ENG) Policy Letter 01–
20, Third Party Foam Concentration Analysis.
Revises hydrostatic testing requirements for inert gas bottles to every 12 years.
46 CFR 2.75–10(b), 46 CFR 159.001–5, 46 CFR 160.115–9(b),
46 CFR 160.115–13(g)(2), 46 CFR 160.132–9(b), 46 CFR
160.132–13(g)(2), 46 CFR 160.133–9(b), 46 CFR 160.133–
13(g)(2), 46 CFR 160.135–9(b), 46 CFR 160.135–13(g)(2), 46
CFR 160.156–9(b), 46 CFR 160.156–13(g)(2), 46 CFR
160.170–9(b), 46 CFR 160.170–13(g)(2), 46 CFR 161.002–
18(a), 46 CFR 161.002–19(a)(2), 46 CFR 161.012–5(a), 46
CFR 161.012–5(b)(2), 46 CFR 161.013–11(c)(1), 46 CFR
161.013–17, 46 CFR 162.050–15(a), 46 CFR 162.060–40(b),
46 CFR 164.009–9(a), 46 CFR 164.018–7(a), 46 CFR
164.018–7(b)(2).
46 CFR 109.301(j), 46 CFR 199.190(j) ..........................................
EPIRB ................................
Equipment Deletion ...........
Fire Protection and Other
Conforming Amendments.
Foam Testing ....................
Hydrostatic Testing for
Inert Gas Cylinders.
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MODU Lifesaving Appliance Release Mechanism.
Nonmetallic Piping .............
VerDate Sep<11>2014
1. Adds an option in 46 CFR
subchapter I–A to allow lifeboats also serving as a rescue
boat to have lifeboat release
mechanisms instead of rescue
boat release mechanisms.
2. Aligns this regulation with a
similar regulation in 46 CFR
subchapter W.
Removes redundant fire testing
requirements for nonmetallic
piping in 46 CFR subchapter
K.
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PO 00000
Cost savings; reduces testing
burdens by allowing owners
and operators to replace the
falls every 5 years without the
end-for-ending requirement.
46 CFR 161.011–1, 46 CFR 161.011–5, 46 CFR 161.011–10 ......
No impact; aligns with current industry practice.
46 CFR 32.90–1(h), 46 CFR 77.40–1(h), 46 CFR 96.40–1(h), 46
CFR 108.719(h), 46 CFR 163.002, 46 CFR 195.40–1(h).
No impact; aligns with current industry practice.
46 CFR 34.10–90(a)(3), 46 CFR 34.50–10(a), 46 CFR 76.50–
10(a), 46 CFR 95.50–10(a), 46 CFR 105.14(a), 46 CFR
108.103, 46 CFR 108.489(a)(3), 46 CFR 118.500(c), 46 CFR
167.45–40, 46 CFR 167.45–65, 46 CFR 167.45–70, 46 CFR
167.45–71, 46 CFR 167.45–75, 46 CFR 169.567(a), 46 CFR
169.568.
No impact; editorial and aligns
with current industry practice.
46 CFR 31.10–18(c), 46 CFR 107.235(b)(4) ..................................
Cost savings; reduces testing
burdens via the use of other
test alternatives from the third
party.
46 CFR 147.66(a), 46 CFR 147.66(c) ............................................
46 CFR 108.570(c)(3) .....................................................................
Cost savings; changes the interval for hydrostatic testing for
all vessels with inert gas bottles for fire protection systems
from at least once in every 5
years for large bottles and 10
years for small bottles to once
in every 12 years for all bottle
types.
No impact; editorial.
46 CFR 116.405(f) ..........................................................................
No impact; editorial.
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33034
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
TABLE 3—REGULATORY CHANGES OF THE PROPOSED RULE BY CFR SUBPARTS AND SECTIONS—Continued
Equipment involved or type
of change
Pressure-Vacuum Relief
Valves.
Resins for Lifeboats and
Rescue Boats.
Self-Contained Breathing
Apparatus.
Stairwell Structural Fire
Protection and Means of
Egress.
Winches and Davits ..........
Proposed changes
Affected CFR subparts and sections
Economic impact
1. Revises requirements for ap46 CFR 39.1005, 46 CFR 39.2011(b)(1), 46 CFR 162.017–1, 46
proving pressure-vacuum reCFR 162.017–2, 46 CFR 162.017–3(n), 46 CFR 162.017–3(r),
lief valves.
46 CFR 162.017–6.
2. Updates IBR edition.
Removes approval series for
46 CFR 160.135–5(d), 46 CFR 160.135–7(b)(3)(iv)(A), 46 CFR
fire-retardant resins and incor160.156–5(d), 46 CFR 160.156–7(b)(3)(iv)(A), 46 CFR 164.120.
porates approval of these resins into approvals for lifeboats
and rescue boats.
Removes obsolete requirement
46 CFR 35.30–20(c)(1), 46 CFR 77.35–5(b), 46 CFR 96.35–5(b),
for MSHA approval for SCBAs.
46 CFR 108.497(a), 46 CFR 132.365(b)(1), 46 CFR 167.45–
60(a), 46 CFR 169.717(a)(1).
Clarifies the stairwell structural
46 CFR 116.400(c) .........................................................................
fire protection and means of
egress requirements for 46
CFR subchapter K vessels.
1. Removes prescriptive design
46 CFR 160.115–7(b)(6)(vi) ............................................................
requirements for winch and
davit safety devices under the
LSA Code.
2. Aligns the safety device requirement with the LSA Code.
Affected Population
For this proposed rule, we obtained
the affected population of vessels and
the items they carry primarily from our
Marine Information for Safety and Law
Enforcement (MISLE) database and from
supplemental information provided to
us by subject matter experts (SMEs) in
CG–ENG. The affected population is the
total number of U.S.-flagged vessels
carrying foam fire extinguishing
systems, lifeboat wire falls, and inert gas
bottles for extinguishing fires. We
estimate the total number of affected
vessels as 581, made up of 132 vessels
carrying foam fire systems, 14 vessels
carrying inert gas bottles, and 435
vessels carrying lifeboats. Vessels can be
carrying more than one type of
equipment at a time, so there is some
overlap in the number of vessels that,
for example, carry a foam fire
extinguishing system and lifeboats. For
the purposes of our cost analysis,
however, we assume there is no overlap.
Cost Analysis
This proposed rule would have a cost
savings associated with reducing the
maintenance intervals for hydrostatic
testing of inert gas bottles and lifeboat
wire falls, and expanding testing parties
for fixed-foam fire extinguishing
systems.
Regulatory Baseline
To obtain the cost savings associated
with this proposed rule, we first
calculated the current costs to mariners
for firefighting foam testing, hydrostatic
testing of inert gas bottles, and lifeboat
wire falls. Then, we compared the
current and the proposed costs to obtain
the cost savings. The baseline costs for
these items are as follows:
Foam Testing
Owners and operators of vessels that
carry foam fire extinguishing systems
are required in 46 CFR 31.10–18(c) and
46 CFR 107.235(b)(4) to submit a
representative sample of firefighting
foam concentrate, if carried, to the
manufacturer to test for specific
properties such as gravity, pH,
percentage of water dilution, and solid
content. Currently, the frequency of this
testing is twice in a 5-year period. From
No impact; editorial and aligns
with current industry practice.
No impact; editorial.
No impact; editorial.
No impact; editorial.
No impact; editorial.
information obtained in MISLE and
discussions with SMEs, there are a total
of 132 vessels carrying foam fire systems
in our affected population because each
vessel carries 1 foam fire extinguishing
system on board.
Based on information we obtained
from a Coast Guard-approved thirdparty company that tests foam fire
extinguishing systems and from
consultations with SMEs, the cost to
perform the test is about $150, which
includes the cost for a vessel owner or
operator to submit a foam sample to a
manufacturer for testing. We estimate
the total annual undiscounted cost for
foam testing to be approximately $7,920.
We calculate this by assuming that in
any given year, 40 percent (or 2 divided
by 5 to represent the testing interval of
2 tests every 5 years) of the 132 foam
systems require testing. We then
multiply the result (132 × 0.40) by the
cost per test ($150). Table 4 presents the
baseline total undiscounted cost for fire
extinguishing foam testing.
TABLE 4—BASELINE COST FOR FOAM TESTING
lotter on DSK11XQN23PROD with PROPOSALS1
Period
1
2
3
4
5
6
7
8
...............................................................................................................................................
...............................................................................................................................................
...............................................................................................................................................
...............................................................................................................................................
...............................................................................................................................................
...............................................................................................................................................
...............................................................................................................................................
...............................................................................................................................................
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Foam testing
population for
each period
Cost per test
Total cost
(A)
(B)
(C) = (A) × (B)
132
132
132
132
132
132
132
132
×
×
×
×
×
×
×
×
E:\FR\FM\23MYP1.SGM
(0.40)
(0.40)
(0.40)
(0.40)
(0.40)
(0.40)
(0.40)
(0.40)
23MYP1
$150
150
150
150
150
150
150
150
$7,920
7,920
7,920
7,920
7,920
7,920
7,920
7,920
33035
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
TABLE 4—BASELINE COST FOR FOAM TESTING—Continued
Period
Foam testing
population for
each period
Cost per test
Total cost
(A)
(B)
(C) = (A) × (B)
9 ...............................................................................................................................................
10 .............................................................................................................................................
132 × (0.40)
132 × (0.40)
150
150
7,920
7,920
Total ..................................................................................................................................
............................
........................
79,200
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
Hydrostatic Testing for Inert Gas
Cylinders
Under 46 CFR subpart 147.66, vessel
owners or operators for vessels that
carry inert gas fire extinguishing bottles
must have the bottles hydrostatically
tested at least once every 10 years for
bottles with an equivalent water
capacity of 125 pounds or less, or 5
years for larger bottles with an
equivalent water capacity of greater than
125 pounds (the water capacity of a
bottle is used to obtain the volumetric
size of the bottle for testing purposes
because testing cannot be performed
when the bottle contains an inert gas).
This is necessary to ensure the integrity
of the bottles. The Coast Guard
contacted a company that
hydrostatically tests inert gas bottles to
obtain the costs associated with testing
and discharging these bottles,
recharging the bottles with an inert gas,
and delivering the bottles to a vessel
when the testing is completed.7
The cost to discharge and test the
bottle, rebuild the valve on the bottle,
and recharge the bottle with an inert gas
is about $1,220–a lump-sum amount
provided to us by the testing company.
The pickup and delivery costs are about
$600. The company we contacted for
this cost estimate provided a lump-sum
figure, which includes the time it takes
to drive to a vessel, disconnect the
bottles, load the bottles onto the
delivery vehicle, and transport the
bottles to the testing facility and back to
the vessel.
Therefore, the total cost a testing
company charges a vessel owner or
operator is about $1,820 ($1,220 + $600)
to hydrostatically test inert gas bottles.
Based on MISLE data and discussions
with SMEs, the total number of inert gas
bottles for the 14 vessels that have inert
gas bottles on board is approximately
169, or approximately 12 bottles per
vessel. As a result, the testing cost once
in a 10-year period is about $307,580
(169 bottles × $1,820). We estimate the
total annual undiscounted cost for inert
gas testing to be approximately $30,758.
We calculate this by assuming that 10
percent (or 1 divided by 10 to represent
the testing interval of 1 test every 10
years) of the 169 inert gas cylinders
require testing over a 10-year period. We
then multiply the result (169 × 0.10) by
the cost per test ($1,820). Table 5
presents the baseline total undiscounted
cost for inert gas cylinders.
TABLE 5—BASELINE COST FOR INERT GAS CYLINDERS
Period
Inert gas
population for
each period
Cost per test
Total cost
(A)
(B)
(C) = (A) × (B)
1 ...............................................................................................................................................
2 ...............................................................................................................................................
3 ...............................................................................................................................................
4 ...............................................................................................................................................
5 ...............................................................................................................................................
6 ...............................................................................................................................................
7 ...............................................................................................................................................
8 ...............................................................................................................................................
9 ...............................................................................................................................................
10 .............................................................................................................................................
Total ..................................................................................................................................
169
169
169
169
169
169
169
169
169
169
×
×
×
×
×
×
×
×
×
×
(0.10)
(0.10)
(0.10)
(0.10)
(0.10)
(0.10)
(0.10)
(0.10)
(0.10)
(0.10)
$1,820
1,820
1,820
1,820
1,820
1,820
1,820
1,820
1,820
1,820
$30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
............................
........................
307,580
lotter on DSK11XQN23PROD with PROPOSALS1
Note: Totals may not sum due to independent rounding.
* This test occurs once every 10 years.
End-for-Ending Launching Appliance
Falls
U.S.-flagged vessel owners and
operators are required to replace lifeboat
launching appliance falls every 5 years
according to 46 CFR 109.301 and
199.190. According to current
regulations, these falls (wire ropes) must
be turned end-for-end not more than 30
months, or 2.5 years, after installation
during a 5-year period (the phrase
‘‘turned end-for-end’’ means rotating the
wire ropes so the ropes wear evenly).
There are two falls for each lifeboat and
there are two lifeboats per vessel. Using
the MISLE database, we identified 435
U.S.-flagged vessels that carry lifeboats.
Each affected vessel has 2 lifeboats on
7 An inert gas is a gas that has low chemical
reactivity under certain conditions, which makes it
suitable for firefighting purposes either alone or
with other gases. Inert gases extinguish fires by
displacing oxygen in the air. The field of chemistry
generally recognizes that six (naturally occurring)
gases make up the list of inert gases: helium, argon,
neon, krypton, xenon, and radon. See https://www.
Britannica.com/science/noble-gas.
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
board; therefore, we estimate there are
870 lifeboats that have fall wire ropes.
For cost savings purposes, we assume
that each lifeboat has two fall wire
ropes. The cost to turn two falls end-forend on each launching appliance is
about $2,000, based on information
provided to us from a company that
performs this function. Because there
are 2 lifeboats per vessel, the population
of lifeboat wire rope falls is 870. The
total annual cost to turn falls end-forend 2.5 years after installation for 870
lifeboat wire falls is about $348,000. We
calculate this by assuming that in any
given year 20 percent (or 2 divided by
10 to represent the turning interval of 1
turn every 5 years) of the 870 lifeboat
wire falls require turning. We then
multiply the result (870 × 0.20) by the
cost per turning ($2,000). Table 6
presents the baseline total undiscounted
cost for lifeboat wire falls.
TABLE 6—BASELINE COST FOR LIFEBOAT WIRE FALLS
Period
Lifeboat wire falls
population for
each period
Cost per
turning
Total cost
(A)
(B)
(C) = (A) × (B)
1 ...............................................................................................................................................
2 ...............................................................................................................................................
3 ...............................................................................................................................................
4 ...............................................................................................................................................
5 ...............................................................................................................................................
6 ...............................................................................................................................................
7 ...............................................................................................................................................
8 ...............................................................................................................................................
9 ...............................................................................................................................................
10 .............................................................................................................................................
Total ..................................................................................................................................
870
870
870
870
870
870
870
870
870
870
×
×
×
×
×
×
×
×
×
×
(0.20)
(0.20)
(0.20)
(0.20)
(0.20)
(0.20)
(0.20)
(0.20)
(0.20)
(0.20)
$2,000
2,000
2,000
2,000
2,000
2,000
2,000
2,000
2,000
2,000
$348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
............................
........................
3,480,000
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
We estimate the baseline total
undiscounted cost to owners and
operators of U.S.-flagged vessels for all
three items to be about $3,866,780
($79,200 + $3,480,000 + $307,580) (see
table 7).
TABLE 7—SUMMARY OF BASELINE COSTS ASSOCIATED WITH EACH ITEM
Period
Foam testing
Lifeboat wire
falls
Inert gas
testing
Undiscounted
cost
1 .......................................................................................................................
2 .......................................................................................................................
3 .......................................................................................................................
4 .......................................................................................................................
5 .......................................................................................................................
6 .......................................................................................................................
7 .......................................................................................................................
8 .......................................................................................................................
9 .......................................................................................................................
10 .....................................................................................................................
$7,920
7,920
7,920
7,920
7,920
7,920
7,920
7,920
7,920
7,920
$348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
3,348,000
$30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
$386,678
386,678
386,678
386,678
386,678
386,678
386,678
386,678
386,678
386,678
Total ..........................................................................................................
79,200
3,480,000
307,580
3,866,780
lotter on DSK11XQN23PROD with PROPOSALS1
Note: Totals may not sum due to independent rounding.
This proposed rule would generate
cost savings as follows:
falls (wire ropes) when replaced at an
interval of 5 years.
Cost Savings
Foam Testing
The cost savings would originate from
eliminating outdated requirements,
reducing inspection and testing
requirements, and updating standards.
The cost savings of this proposed rule
are associated with three items: testing
concentrates for fixed foam fire systems,
hydrostatic testing for inert gas bottles,
and eliminating the end-for-ending
requirement for launching appliance
There are numerous laboratories,
other than those owned by foam
manufacturers, that can test foam
concentrates used for firefighting.
Allowing a Coast Guard-accepted
independent laboratory to test foam
concentrates provides a similar level of
safety to the current requirements and
may be less burdensome to the vessel
owners or operators. Additionally, the
8 This
use of a third party to test the properties
of the firefighting foam would allow for
increased availability in the number of
companies who can test firefighting
foam systems.
In this proposed rule, a Coast Guardaccepted independent laboratory, in
place of a manufacturer, would be
permitted to perform the foam
firefighting concentrates test. We
estimate a charge for this service would
be about $115 per system.8 This would
result in a total annual cost of $6,072.
We calculate this by assuming that, in
price was obtained from the industry.
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
any given year, 40 percent (or 2 divided
by 5 to represent the testing interval of
2 tests every 5 years) of the 132 foam
systems require testing. We then
multiply the result (132 × 0.40) by the
projected cost per test ($115) (see table
8).
TABLE 8—PROPOSED COST CHANGE FOR FOAM TESTING
Period
1 ...............................................................................................................................................
2 ...............................................................................................................................................
3 ...............................................................................................................................................
4 ...............................................................................................................................................
5 ...............................................................................................................................................
6 ...............................................................................................................................................
7 ...............................................................................................................................................
8 ...............................................................................................................................................
9 ...............................................................................................................................................
10 .............................................................................................................................................
Total ..................................................................................................................................
Foam testing
population for
each period
Cost per test
Total cost
(A)
(B)
(C) = (A) × (B)
132
132
132
132
132
132
132
132
132
132
×
×
×
×
×
×
×
×
×
×
(0.40)
(0.40)
(0.40)
(0.40)
(0.40)
(0.40)
(0.40)
(0.40)
(0.40)
(0.40)
$115
115
115
115
115
115
115
115
115
115
$6,072
6,072
6,072
6,072
6,072
6,072
6,072
6,072
6,072
6,072
............................
........................
60,720
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
We compared the current unit cost for
firefighting foam testing of $150 when
performed by a manufacturer with the
projected unit cost of $115 when
performed by a third party. We estimate
the unit cost savings to be $35 ($150—
$115). As we presented earlier in this
analysis, the baseline and the projected
costs for firefighting foam testing are
$7,920 and $6,072, respectively (see
tables 4 and 7). Therefore, the cost
savings per year would be $1,848
($7,920—$6,072), and the total cost
savings for the firefighting foam testing
part of this proposed rule would be
about $18,480 ($79,200—$60,720),
undiscounted (see table 9).
TABLE 9—NET COST SAVINGS FOR FOAM TESTING
Period
Baseline cost *
Proposed
cost **
Total cost
savings
(A)
(B)
(C) = (A)¥(B)
1 ...................................................................................................................................................
2 ...................................................................................................................................................
3 ...................................................................................................................................................
4 ...................................................................................................................................................
5 ...................................................................................................................................................
6 ...................................................................................................................................................
7 ...................................................................................................................................................
8 ...................................................................................................................................................
9 ...................................................................................................................................................
10 .................................................................................................................................................
$7,920
7,920
7,920
7,920
7,920
7,920
7,920
7,920
7,920
7,920
$6,072
6,072
6,072
6,072
6,072
6,072
6,072
6,072
6,072
6,072
$1,848
1,848
1,848
1,848
1,848
1,848
1,848
1,848
1,848
1,848
Total ......................................................................................................................................
79,200
60,720
18,480
lotter on DSK11XQN23PROD with PROPOSALS1
Note: Totals may not sum due to independent rounding.
* Table 4
** Table 8
Hydrostatic Testing for Inert Gas
Cylinders
We are proposing to change the
hydrostatic testing interval of all inert
gas firefighting extinguishing system
bottles from the current requirement of
once every 10 years to at least once
every 12 years, which aligns with the
hydrostatic testing intervals for carbon
dioxide and halon firefighting
extinguishing system bottles in 46 CFR
147.65.
The cost savings would be from lessfrequent testing of inert gas bottles. For
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vessels with inert gas bottles less than
125 pounds, the test interval would
change from at least once in every 10
years to at least once in every 12 years.
For large bottles with inert gas bottles
equal or greater than 125 pounds, the
test interval would change from once in
every 5 years to once in every 12 years.
We found no bottles that had a capacity
of more than 125 pounds of equivalent
water capacity in our population;
therefore, for the purpose of this
analysis, the relevant change in testing
interval is from once every 10 to once
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every 12 years. We estimate the total
annual cost of hydrostatic testing for
inert gas cylinders would be
approximately $25,632. We calculate
this by assuming that in any given year
8.3 percent (or 1 divided by 12 to
represent the testing interval of 1 test
every 12 years) of the 169 inert gas
cylinders would require testing. We
then multiply the result (169 × 0.083) by
the cost per test ($1,820) (see table 10).
As a result, vessel owners and operators
would save $51,260
E:\FR\FM\23MYP1.SGM
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33038
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
($307,580¥$256,320) in testing costs
over a 10-year period (see table 11).
TABLE 10—PROPOSED COST CHANGE FOR INERT GAS CYLINDERS
Period
1 ...............................................................................................................................................
2 ...............................................................................................................................................
3 ...............................................................................................................................................
4 ...............................................................................................................................................
5 ...............................................................................................................................................
6 ...............................................................................................................................................
7 ...............................................................................................................................................
8 ...............................................................................................................................................
9 ...............................................................................................................................................
10 .............................................................................................................................................
Total ..................................................................................................................................
Inert gas
population for
each period
Cost per test
Total cost
(A)
(B)
(C) = (A) × (B)
169
169
169
169
169
169
169
169
169
169
×
×
×
×
×
×
×
×
×
×
(0.083)
(0.083)
(0.083)
(0.083)
(0.083)
(0.083)
(0.083)
(0.083)
(0.083)
(0.083)
$1,820
1,820
1,820
1,820
1,820
1,820
1,820
1,820
1,820
1,820
$25,632
25,632
25,632
25,632
25,632
25,632
25,632
25,632
25,632
25,632
............................
........................
256,320
Note: Totals may not sum due to independent rounding.
TABLE 11—NET COST SAVINGS FOR INERT GAS CYLINDERS
Baseline
cost *
Proposed
cost **
Total cost
saving
(A)
(B)
(C) = (A)¥(B)
1 ...........................................................................................................................................................
2 ...........................................................................................................................................................
3 ...........................................................................................................................................................
4 ...........................................................................................................................................................
5 ...........................................................................................................................................................
6 ...........................................................................................................................................................
7 ...........................................................................................................................................................
8 ...........................................................................................................................................................
9 ...........................................................................................................................................................
10 .........................................................................................................................................................
$30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
$25,632
25,632
25,632
25,632
25,632
25,632
25,632
25,632
25,632
25,632
$5,126
5,126
5,126
5,126
5,126
5,126
5,126
5,126
5,126
5,126
Total ..............................................................................................................................................
307,580
256,320
51,260
Period
Note: Totals may not sum due to independent rounding.
* Table 5.
** Table 10.
End-for-Ending Launching Appliance
Falls
The Coast Guard proposes to revise
the ‘‘end-for-ending’’ requirement for
lifeboat launching appliance falls to
align with SOLAS, which allows for a
fall replacement interval of 5 years
without turning the wires end-for-end.
Current regulations require that falls
must be replaced in 5-year intervals if
they are serviced in accordance with
IMO Circular MSC.1/Circ.1206 (Rev.1)
and MSC.402(96).
The cost saving would be from
eliminating the requirement to turn the
ropes end-for-end every 2.5 years over a
10-year period of analysis. This would
result in cost savings for vessel owners
and operators of about $3,480,000 for
the 435 U.S.-flagged vessels that have
lifeboats on board. See table 12.
TABLE 12—NET COST SAVINGS FOR LIFEBOAT WIRE FALLS
lotter on DSK11XQN23PROD with PROPOSALS1
Period
1
2
3
4
5
6
7
8
9
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
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Baseline cost *
Proposed cost
Total cost
saving
(A)
(B)
(C) = (A)¥(B)
$348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
E:\FR\FM\23MYP1.SGM
23MYP1
$0
0
0
0
0
0
0
0
0
$348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
33039
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
TABLE 12—NET COST SAVINGS FOR LIFEBOAT WIRE FALLS—Continued
Period
Baseline cost *
Proposed cost
Total cost
saving
(A)
(B)
(C) = (A)¥(B)
10 .................................................................................................................................................
348,000
0
348,000
Total ......................................................................................................................................
3,480,000
0
3,480,000
Note: Totals may not sum due to independent rounding.
* Table 6.
Table 13 shows the total cost savings
for owners and operators of U.S.-flagged
vessels to be about $3 million,
undiscounted, over a 10-year period of
analysis. We estimate the total present
value or discounted cost savings of the
proposed rule over a 10-year period of
analysis to be between $2.5 and $3
million, at 7- and 3-percent discount
rates, respectively. We estimate the
annualized cost savings to be about
$354,974 at each discount rate.
TABLE 13—SUMMARY OF COST SAVINGS OF THE PROPOSED RULE (10-YEAR PERIOD OF ANALYSIS, 7- AND 3-PERCENT
DISCOUNT RATES)
Period
Inert gas
testing **
Foam testing *
Lifeboat wire
falls ***
Undiscounted
cost savings
7% Discount
3% Discount
1 ...............................................................
2 ...............................................................
3 ...............................................................
4 ...............................................................
5 ...............................................................
6 ...............................................................
7 ...............................................................
8 ...............................................................
9 ...............................................................
10 .............................................................
$1,848
1,848
1,848
1,848
1,848
1,848
1,848
1,848
1,848
1,848
$5,126
5,126
5,126
5,126
5,126
5,126
5,126
5,126
5,126
5,126
$348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
348,000
$354,974
354,974
354,974
354,974
354,974
354,974
354,974
354,974
354,974
354,974
$331,751
310,048
289,765
270,808
253,092
236,534
221,060
206,598
193,082
180,451
$344,635
334,597
324,851
315,390
306,204
297,285
288,626
280,220
272,058
264,134
Total ..................................................
18,480
51,260
3,480,000
3,549,740
2,493,189
3,028,000
Annualized ........................................
........................
........................
........................
........................
354,974
354,974
Note: Totals may not sum due to independent rounding.
* Table 9.
** Table 11.
*** Table 12.
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Electronic Submission
Current regulations require
manufacturers that produce marine
safety equipment needing approval to
mail their paper application and
supporting documentation in triplicate.
The requirement for submitting paper
plans in triplicate allows the office
reviewing them to mark the approved
plans and return one copy to the
submitter, retain one copy in our files,
and to forward the third copy to the
cognizant OCMI. It is current industry
practice for manufacturers to submit
their applications electronically, get
them stamped electronically and
distributed as described above. The
Coast Guard is providing an option for
submitting plans electronically. There
are several places in the CFR where we
are removing the ‘‘in triplicate’’
requirement for submissions for
equipment approval if the manufacturer
wishes to submit plans electronically
(see the table 3 for the affected CFR
sections). It is current industry practice
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for manufacturers to submit their
applications electronically. According
to data from the Coast Guard’s Work
Management System, 99.2 percent of all
submissions related to applications for
equipment approval were submitted
electronically over the last 5 years. So,
this proposed rule would add an option
for manufacturers to submit their
applications and type approval
materials electronically to codify the
current industry practice. Therefore,
there would be no change in the hourly
burden estimate and no impact to the
information collection request.
Benefits
We expect this proposed rule would
generate qualitative benefits. The
proposed rule would reduce confusion
and provide flexibility to industry by
allowing third-party testing for certain
safety equipment required on board
vessels and offshore units or facilities. It
would provide regulatory clarity by
removing obsolete regulations, such as
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the MSHA approval for SCBAs for
firefighters, and through updating
standards to align with SOLAS.
Alternatives
Alternative 1: No-Action Alternative
Under this alternative, the Coast
Guard would retain the status quo and
would not incorporate by reference
industry standards into the CFR. This
alternative would not align conflicting
sections of the CFR with SOLAS and
related regulations. Furthermore, it
would not reduce the burden to
industry. This alternative would not
allow the Coast Guard to perform
retrospective review and updates to the
regulations. We rejected this alternative
because it would not generate cost
savings for the marine industry, nor
update standards in 33 CFR chapter I or
46 CFR chapter I.
Alternative 2: Policy Over Regulation
Under this alternative, the Coast
Guard would issue a NVIC or policy
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letter instead of proposing changes
through an NPRM. As voluntary
documents, neither NVICs nor policy
letters are legally enforceable by the
agency. A NVIC or a policy letter would
not update the CFR, and the process of
obtaining an equivalency test still
would be needed. The Coast Guard
rejected this alternative because
industry would not benefit from current
references and the public would not be
given the opportunity to comment on
current industry practice and standards.
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Alternative 3: Preferred Alternative
With this alternative, the Coast Guard
would revise the regulations associated
with 33 CFR chapter I and 46 CFR
chapter I. This is the preferred
alternative because it would update
current references and align conflicting
sections of the CFR with SOLAS and
related regulations, eliminate outdated
standards, and reduce inspection and
testing requirements. This alternative
also allows the Coast Guard to perform
retrospective reviews and updates to the
regulations.
This alternative would also reduce the
workload for vessel owners and
operators by extending testing or
maintenance intervals or expanding the
range of allowable testers for three
items: inert gas bottles, foam fire
systems, and lifeboat launching
appliances falls (wire ropes). In turn,
this alternative would generate cost
savings for vessel owners and operators
and manufacturers of marine
equipment. We presented the cost
saving impacts of this alternative earlier
in this analysis.
B. Small Entities
Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
We expect this proposed rule to
generate cost savings to vessel owners
and operators who own vessels that
carry lifeboats, bottles of inert gas, and
foam fire systems for extinguishing fires.
The cost savings would be the result of
reducing the maintenance intervals for
hydrostatic testing for inert gas bottles
and testing and maintaining lifeboat
falls (wire ropes). The cost savings
associated with vessel owners and
operators who own vessels that carry
foam fire systems for extinguishing fires
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would be from allowing a third party to
test the firefighting foam concentrates.
Using the Coast Guard’s MISLE
database, we found this proposed rule
would affect 390 companies that own
531 distinct vessels. Of the 390
companies, 235 companies did not have
company names in our MISLE database;
therefore, we assumed these 235
companies to be small entities. We
found the remaining 155 companies
own 296 vessels. Based on publicly
available information from the online
database ‘‘ReferenceUSAgov’’ and other
online searches of companies,9 we
found revenue or employee information
on 74 of the 155 companies. Using the
Small Business Administration’s ‘‘Table
of Size Standards’’ and the North
American Industry Classification
System codes listed in the table, we
identified 51 of the 74 companies to be
small entities. We determined the other
23 companies were not small entities.10
We did not find information on the
remaining 81 companies; therefore, we
assumed these companies were small
entities.
Overall, we assume there are a total of
132 small entities (51 + 81) out of 155
companies for which were named in the
MISLE database, or approximately 85
percent. If we add the number of small
entities that we could confirm are small
based on revenue or employee
information (51) to the number of
companies without company
information (235 + 81), we assume the
total number of small entities to be 367
out of the 390 companies affected by
this proposed rule.
For cost savings purposes, we needed
to differentiate the vessels that have
different combinations of the equipment
on board. MISLE’s database offers data
on company names, vessels, and
equipment types. From MISLE’s data
and our small entity analysis, we found
that there are six different combinations
of equipment that would affect the
savings for each vessel (see table 14). As
a result, the affected small entities
overlap and are not exclusive
throughout this analysis.
Based on MISLE’s data and our small
entity analysis discussed earlier, we
determined that the number of small
entities would be 367. Out of 367 small
entities, we found that 68 small entities
own vessels that carry only foam fire
systems. As described in the regulatory
analysis above, we estimate the cost
savings for foam fire systems to be about
9 In addition to individual online searches of
companies, the Coast Guard reviewed https://
www.manta.com/mb to find revenue or employee
information for the 74 companies.
10 https://www.sba.gov/document/support--tablesize-standards, effective December 19, 2022.
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$35 for each vessel, and we assume the
foam fire systems would be tested four
times during the analysis period. These
small entities would save about $952
annually per vessel (68 small entities ×
$35 savings per vessel × 0.4 systems
tested per year), or about $14 per entity
($952 ÷ 68 small entities).
Using MISLE’s data and the small
entity analysis, we identified 251 small
entities that own vessels carrying
lifeboats that have fall wire ropes. Each
small entity would save about $800
annually per vessel it owns (0.2 turns
per year × $2,000 cost per turn × 2
lifeboats per vessel).
Based on MISLE’s database, we found
that only eight small entities own
vessels carrying only inert gas bottles;
there are 58 inert gas bottles on these
vessels.11 As presented in the regulatory
analysis above, the annual cost savings
on inert gas tests would be $30 [($1,820
(cost savings per inert gas test) ÷ 10
years¥$1,820 (cost savings per inert gas
test) ÷ 12 years) = $30], and the cost
savings for the 8 entities that would be
$1,740 [58 (number of inert gas bottles)
× $30 (annual cost savings per inert gas
bottle)]. These 8 small entities would
save, on average, about $218 ($1,740 ÷
8) annually per entity per vessel.
Using MISLE’s data and the small
entity analysis, we identified 36 small
entities that own vessels carrying foam
fire systems and lifeboats. As presented
in the previous paragraphs, the annual
cost savings per entity for the foam fire
systems would be $14 and the annual
cost saving per entity for fall wire ropes
would be $800. Therefore, we estimate
these 36 small entities would save about
$814 ($14 + $800) annually per entity
per vessel.
Using MISLE’s data and the small
entity analysis described earlier, we
identified two small entities that own
vessels carrying inert gas bottles and
lifeboats that have fall wire ropes that
need to be turned periodically. As
presented in the previous paragraphs,
the annual cost savings for these 2
entities that own vessels carrying inert
gas bottles would be $180 [6 (number of
inert gas bottles carried on board vessels
for both entities) × $30 (annual cost
savings per inert gas bottle) = $180] and
the annual cost savings for these 2
entities on fall wire ropes would be
$1,600 [2 (number of entities) × $800
(cost saving per entity for fall wire
ropes) = $1,600]. Therefore, the annual
cost savings for these 2 entities would
be $1,780 ($180 + $1,600) and these 2
11 Please note that the number of inert gas bottles
carried on board vessels varies from one vessel to
another depending on the size of the space
protected by the fire suppression system.
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small entities would save each, on
average, about $890 ($1,780 ÷2).
Lastly, based on MISLE’s data and the
small entity analysis we presented
previously, we identified two small
entities that carry all three items. The
annual cost savings for these 2 entities
that own vessels carrying inert gas
bottles would be $3,000 [100 (number of
inert gas bottles carried on board vessels
for both entities) × $30 (annual cost
savings per inert gas bottle) = $3,000];
the annual cost savings for these 2
entities for fall wire ropes would be
$1,600 [2 (number of entities) × $800
(cost saving per fall wire ropes) =
$1,600]; and the annual cost savings for
these 2 entities for foam fire systems
would be $28 [2 (number of entities) ×
$14 (cost savings per foam fire systems)
= $28]. Therefore, the annual cost
savings for these 2 entities would be
$4,628 ($3,000 + $1,600 + $28), and we
estimate these 2 small entities would
save, on average, about $2,314 ($4,628 ÷
2 entities) annually per entity per
vessel.
Table 14 shows the cost savings for
small entities with each of the six
different combinations of equipment
described in the previous paragraphs.
TABLE 14—SUMMARY OF THE ANNUAL COST SAVINGS PER ENTITY PER VESSEL OF THE PROPOSED RULE
Item
Number of
small entities
Cost saving
per entity per
vessel
Cost saving
per vessel
(A)
(B)
(C) = (A) × (B)
Foam Testing ...............................................................................................................................
Lifeboat Wire Falls .......................................................................................................................
Inert Gas Testing .........................................................................................................................
Foam Testing and Lifeboat Wire Falls ........................................................................................
Lifeboat Wire Falls and Inert Gas Testing ..................................................................................
Foam Testing, Lifeboat Wire Falls, and Inert Gas Testing .........................................................
68
251
8
36
2
2
$14
800
218
814
890
2,314
$952
200,800
1,744
29,304
1,780
4,628
Total ......................................................................................................................................
367
........................
239,208
From these 6 different combinations,
the range of the annual proposed cost
savings that we estimate for small
entities per vessel in this analysis is
between $14 and $2,314, and the total
proposed annual cost savings for the
small entities would be about $239,208.
Table 15 shows the cost savings per
revenue for the small entities for which
we had revenue information.
TABLE 15—DISTRIBUTION OF REVENUE IMPACTS
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Percent of revenue
impact
Average annual impact per vessel
<1% .......................
Foam Testing .......
Lifeboat Wire Falls
Inert Gas Testing ..
Cost Savings per
Vessel.
$14 ........................
$800 ......................
$218 ......................
Using MISLE’s data, we found that 51
small entities, where we found revenue
and employee information, own 92
vessels. Therefore, each small entity
owns, on average, two vessels.
Multiplying the cost savings per entity
per vessel (see table 15) by the number
of vessels owned by each entity or 2,
yielded the following cost savings per
entity: $28 for foam testing ($14 × 2
vessels per entity = $28); $1,600 for
lifeboat wire falls ($800 × 2 vessels per
entity = $1,600); $436 for inert gas
testing ($218 × 2 vessels per entity =
$436); $1,628 for foam testing and
lifeboats wire falls ($814 × 2 vessels per
entity = $1,628); and $1,780 for lifeboat
wire falls and inert gas testing ($890 ×
2 vessels per entity = $1,780). For each
of the 51 small entities with known
revenue, the average annual cost savings
per equipment type per small entity
would be less than 1 percent of annual
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Jkt 259001
Foam Testing and
Lifeboat Wire
Falls.
$814 ......................
revenue. Based on this analysis, we
found that 100 percent of the small
entities with known revenues that
would be impacted by this proposed
rule (all 51 entities) would have a cost
savings that is less than 1 percent of
their annual revenue. The Coast Guard’s
economic analysis concluded that these
changes would generate cost savings
and would not impose a burden on any
entities affected by this proposed rule.
Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule would not have a significant
economic impact on a substantial
number of small entities. If you think
that your business, organization, or
governmental jurisdiction qualifies as a
small entity and that this proposed rule
would have a significant economic
impact on it, please submit a comment
to the docket at the address listed in the
ADDRESSES section of this preamble. In
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Small entities
with known
revenue
Lifeboat Wire Falls
and Inert Gas
Testing.
$890 ......................
51
........................
your comment, explain why you think
it qualifies and how and to what degree
this proposed rule would economically
affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we offer to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
the person in the FOR FURTHER
INFORMATION CONTACT section of this
proposed rule. The Coast Guard will not
retaliate against small entities that
question or complain about this
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proposed rule or any policy or action of
the Coast Guard.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
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D. Collection of Information
This proposed rule would call for no
new or revised collection of information
under the Paperwork Reduction Act of
1995, 44 U.S.C. 3501–3520.
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 proposed 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. It is also
well settled that all of the categories
covered in 46 U.S.C. 3306, 3703
(involving design, construction,
alteration, repair, maintenance,
operation, equipping, personnel
qualification, and manning of vessels)
and any other category in which
Congress intended the Coast Guard to be
the sole source of a vessel’s obligations,
are within the field foreclosed from
regulation by the States. See United
States v. Locke, 529 U.S. 89 (2000)
(finding that the states are foreclosed
from regulating tank vessels); see also
Ray v. Atlantic Richfield Co., 435 U.S.
151, 157 (1978) (State regulation is
preempted where ‘‘the scheme of federal
regulation may be so pervasive as to
make reasonable the inference that
Congress left no room for the States to
supplement it [or where] the Act of
Congress may touch a field in which the
federal interest is so dominant that the
federal system will be assumed to
preclude enforcement of state laws on
the same subject’’ (citations omitted)).
Because this proposed rule involves
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approving, carrying, and maintaining
certain safety equipment required on
board vessels and offshore units or
facilities, it is part of a pervasive scheme
of Federal regulation that forecloses
regulation by the States. Because the
States may not regulate within this field,
this proposed rule is consistent with the
principles of federalism and preemption
requirements in Executive Order 13132.
While it is well settled that States may
not regulate in categories in which
Congress intended the Coast Guard to be
the sole source of a vessel’s obligations,
the Coast Guard recognizes the key role
that State and local governments may
have in making regulatory
determinations. Additionally, for rules
with federalism implications and
preemptive effect, Executive Order
13132 specifically directs agencies to
consult with State and local
governments during the rulemaking
process. If you believe this proposed
rule would have implications for
federalism under Executive Order
13132, please contact the person listed
in the FOR FURTHER INFORMATION section
of this preamble.
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 million (adjusted for inflation) or
more in any one year. Although this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this proposed rule elsewhere
in this preamble.
G. Taking of Private Property
This proposed rule would 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 proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, (Civil Justice
Reform), to minimize litigation,
eliminate ambiguity, and reduce
burden.
I. Protection of Children
We have analyzed this proposed rule
under Executive Order 13045
(Protection of Children from
Environmental Health Risks and Safety
Risks). This proposed rule is not an
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Fmt 4702
Sfmt 4702
economically significant rule and would
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments), because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule
under Executive Order 13211 (Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use). We have
determined that it is not a ‘‘significant
energy action’’ under that Order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
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 (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) that are
developed or adopted by voluntary
consensus standards bodies.
This proposed rule uses the following
technical and voluntary consensus
standards: ASTM D975–14, IMO MSC
Circ. 1006, and ISO 15364. The
proposed sections that reference these
standards and the locations where these
standards are available are listed in
§§ 39.1005, 160.135–5, 160.156–5,
160.171–3, and 160.174–3.
These standards provide
internationally accepted and recognized
parameters that equipment, material,
etc. must meet to ensure its safety,
proper usage, and preservation on the
seas. The standards that would be
incorporated were developed by either
the ASTM, IMO, or ISO, which are
voluntary consensus standard-setting
organizations.
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One ASTM standard would be
incorporated by reference in this
rulemaking: ASTM D975–14, ‘‘Standard
Specification for Diesel Fuel Oils’’ (July
30, 2014). This ASTM specification
classifies grades of diesel fuel oils
suitable for various types of diesel
engines. As incorporated, it would
define the grade of fuel necessary to
perform a test for oil resistance.
One IMO standard would be
incorporated by reference in this
rulemaking: IMO MSC/Circular.1006
‘‘Guidelines on Fire Test Procedures for
Acceptance of Fire-Retardant Materials
for the Construction of Lifeboats’’
(adopted on June 8, 2001). This test
procedure is used for the acceptance of
fire-retardant and flame-resistant
materials used for the construction of
lifeboats, which are required to be fireretardant by the International Lifesaving Code.
One ISO standard would be
incorporated by reference in this
rulemaking: ISO 15364:2021(E)
(February 2021)—‘‘Ships and marine
technology—Pressure-vacuum valves for
cargo tanks and devices to prevent the
passage of flame into cargo tanks.’’ This
international standard specifies the
minimum requirements for performance
and testing of pressure-vacuum relief
valves, with emphasis on selection of
materials, internal finish, and surface
requirements for pressure-vacuum relief
valves installed on cargo tanks in
tankers.
Consistent with incorporation by
reference provisions in 1 CFR part 51,
this material is reasonably available.
Interested persons have access to it
through their normal course of business;
can purchase it from the organizations
identified in 46 CFR 39.1005, 160.135–
5, 160.156–5, 160.171–3, and 160.174–
3; or may view a copy using the
methods identified in those sections.
If you disagree with our analysis of
these voluntary consensus standards or
are aware of voluntary consensus
standards that might apply but are not
listed, please send a comment
explaining your disagreement or
identifying additional standards to the
docket using one of the methods under
ADDRESSES.
M. Environment
We have analyzed this proposed 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
preliminary determination that this
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33043
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. A preliminary 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 proposed rule would be
categorically excluded under paragraphs
L52, L54, and L57 of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. Paragraph L52 pertains
to regulations concerning vessel safety
standards; Paragraph L54 pertains to
regulations which are editorial and
procedural; and Paragraph L57 pertains
to regulations concerning manning,
documentation, admeasurement,
inspection, and equipping of vessels.
This proposed rule involves revising
regulations associated with the
approval, carriage, and maintenance of
certain safety equipment required on
board vessels and offshore units or
facilities. Some of these proposed
revisions are editorial or procedural
actions that would eliminate outdated
requirements, reduce inspection and
testing requirements, update standards
incorporated by reference, remove
obsolete sections, and align conflicting
sections with codes associated with
SOLAS. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
46 CFR Part 39
List of Subjects
Fire prevention, Marine safety,
Occupational safety and health, Oil and
gas exploration, Vessels.
33 CFR Part 149
Fire prevention, Harbors, Marine
safety, Navigation (water), Occupational
safety and health.
46 CFR Part 2
Marine safety, Reporting and
recordkeeping requirements, Vessels.
Cargo vessels, Fire prevention,
Hazardous materials transportation,
Incorporation by reference, Marine
safety, Occupational safety and health,
Reporting and recordkeeping
requirements.
46 CFR Part 56
Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 76
Fire prevention, Marine safety,
Passenger vessels.
46 CFR Part 77
Marine safety, Navigation (water),
Passenger vessels.
46 CFR Part 95
Cargo vessels, Fire prevention, Marine
safety.
46 CFR Part 96
Cargo vessels, Marine safety,
Navigation (water).
46 CFR Part 105
Cargo vessels, Fishing vessels,
Hazardous materials transportation,
Marine safety, Petroleum, Seamen.
46 CFR Part 107
Marine safety, Oil and gas
exploration, Reporting and
recordkeeping requirements, Vessels.
46 CFR Part 108
46 CFR Part 109
Marine safety, Occupational safety
and health, Oil and gas exploration,
Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 31
Cargo vessels, Marine safety,
Reporting and recordkeeping
requirements.
46 CFR Part 115
46 CFR Part 32
Cargo vessels, Fire prevention, Marine
safety, Navigation (water), Occupational
safety and health, Reporting and
recordkeeping requirements, Seamen.
46 CFR Part 116
46 CFR Part 34
Cargo vessels, Fire prevention, Marine
safety.
46 CFR Part 118
46 CFR Part 35
Cargo vessels, Marine safety,
Navigation (water), Occupational safety
and health, Reporting and
recordkeeping requirements, Seamen.
PO 00000
Frm 00066
Fmt 4702
Sfmt 4702
Fire prevention, Marine safety,
Passenger vessels, Reporting and
recordkeeping requirements.
Fire prevention, Incorporation by
reference, Marine safety, Passenger
vessels, Reporting and recordkeeping
requirements, Seamen.
Fire prevention, Marine safety,
Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 132
Cargo vessels, Fire prevention, Marine
safety, Reporting and recordkeeping
requirements.
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
46 CFR Part 147
Hazardous materials transportation,
Incorporation by reference, Labeling,
Marine safety, Packaging and
containers, Reporting and recordkeeping
requirements.
46 CFR Part 159
Business and industry, Laboratories,
Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 160
Incorporation by reference, Marine
safety, Reporting and recordkeeping
requirements.
46 CFR Part 161
Fire prevention, Marine safety,
Reporting and recordkeeping
requirements.
Title 33—Navigation and Navigable
Waters
1. The authority citation for part 149
is revised to read as follows:
■ Authority: 33 U.S.C. 1504, 1509; DHS
Delegation No. 00170.1, Revision No.
01.3, paragraph (II)(75).
■ 2. Amend § 149.410 by revising the
section heading and introductory text to
read as follows:
■
46 CFR Part 162
Fire prevention, Incorporation by
reference, Marine safety, Oil pollution,
Reporting and recordkeeping
requirements.
Manned deepwater ports constructed
before August 22, 2016, must meet the
following requirements:
*
*
*
*
*
46 CFR Part 163
Title 46—Shipping
46 CFR Part 167
Fire prevention, Marine safety,
Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.
46 CFR Part 169
Fire prevention, Marine safety,
Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 195
Marine safety, Navigation (water),
Oceanographic research vessels.
46 CFR Part 199
Cargo vessels, Marine safety, Oil and
gas exploration, Passenger vessels,
Reporting and recordkeeping
requirements.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 149 and 46 CFR
parts 2, 31, 32, 34, 35, 39, 56, 76, 77, 95,
Jkt 259001
4. Revise § 2.75–10(b) to read as
follows:
■
*
46 CFR Part 181
16:36 May 22, 2023
Authority: 33 U.S.C. 1903; 43 U.S.C. 1333;
46 U.S.C. 2103, 2110, 3306, 3316, 3703,
70034; DHS Delegation No. 00170.1, Revision
No. 01.3, paragraphs (II)(70), (77), (90), (92);
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp.,
p. 277, sec. 1–105.
§ 2.75–10 Procedures for obtaining
approvals.
Fire prevention, Marine safety,
Reporting and recordkeeping
requirements, Schools, Vessels.
VerDate Sep<11>2014
3. The authority citation for part 2 is
revised to read as follows:
■
Fire prevention, Incorporaton by
reference, Marine safety, Reporting and
recordkeeping requirements.
PART 31—INSPECTION AND
CERTIFICATION
5. The authority citation for part 31 is
revised to read as follows:
*
*
*
*
(b) Unless otherwise specified,
correspondence concerning approvals
should be submitted electronically to
typeapproval@uscg.mil. When plans,
drawings, test data, etc., are required to
be submitted by the manufacturer, the
material being transmitted with the
application should be clearly identified.
(c) If the manufacturer requests that
hard copy stamped plans be returned to
them, or if product samples must be
submitted, the plans or samples must be
addressed to the Commandant (CG–
ENG), Attn: Office of Design and
Engineering Standards, U.S. Coast
Guard Stop 7509, 2703 Martin Luther
King Jr. Avenue SE, Washington, DC
20593–7509. When submitted, hard
copy plans must be accompanied by
PO 00000
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Fmt 4702
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2103, 3205, 3306, 3307, 3703; 46 U.S.C.
Chapter 701; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; DHS Delegation
No. 00170.1, Revision No. 01.3, paragraph
(II)(73), (92). Section 31.10–21 also issued
under the authority of Sect. 4109, Pub. L.
101–380, 104 Stat. 515.
§ 31.10–18
[Amended]
6. In § 31.10–18 paragraph (c), after
the text, ‘‘manufacturer’’, add the text ‘‘,
or its authorized representative, or an
independent laboratory accepted for this
purpose by the Coast Guard,’’.
■
PART 32—SPECIAL EQUIPMENT,
MACHINERY, AND HULL
REQUIREMENTS
7. The authority citation for part 32 is
revised to read as follows:
■
PART 2—VESSEL INSPECTIONS
46 CFR Part 164
electronic drawings or must be
submitted in triplicate.
■
PART 149—DEEPWATER PORTS:
DESIGN, CONSTRUCTION, AND
EQUIPMENT
§ 149.410 Location and number of fire
extinguishers required for manned
deepwater ports constructed prior to
August 22, 2016.
Marine safety.
lotter on DSK11XQN23PROD with PROPOSALS1
96, 105, 107, 108, 109, 115, 116, 118,
132, 147, 159, 160, 161, 162, 163, 164,
167, 169, 181, 195, and 199 as follows:
Sfmt 4702
Authority: 46 U.S.C. 2103, 3306, 3703,
3719; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1,
Revision No. 01.3, paragraph (II)(92); Subpart
32.59 also issued under the authority of Sec.
4109, Pub. L. 101–380, 104 Stat. 515.
§ 32.90–1
[Amended]
8. Amend § 32.90–1 by removing
paragraph (h).
■
PART 34—FIRE FIGHTING EQUIPMENT
9. The authority citation for part 34 is
revised to read as follows:
■
Authority: 46 U.S.C. 3306, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; DHS Delegation No. 00170.1, Revision
No. 01.3, paragraph (II)(92).
§ 34.10–90
[Amended]
10. Amend § 34.10–90(a)(3) by:
a. Adding a comma after the text, ‘‘20
gross tons or under’’; and
■ b. Removing the text ‘‘B–II’’, and
adding, in its place, the text, ‘‘40–B’’.
■ 11. In § 34.50–10, in the table in
paragraph (h), revise the second entry
under ‘‘Service Areas’’ to read as
follows:
■
■
§ 34.50–10 Location, number, and
installation of fire extinguishers—TB/ALL.
*
*
*
(h) * * *
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*
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
TABLE 34.50–10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS
Tank ships
Tank barges
Minimum
required rating
Quantity and location
*
Area
*
*
*
Minimum
required rating
*
Quantity and
location
*
*
Service Areas
*
*
1 required for each 2,500 sq ft or fraction
thereof.
*
40–B
*
*
*
*
Stores areas, including paint and lamp rooms
*
15. Amend § 39.1005 as follows:
a. Revise paragraph (a);
b. Redesignate paragraphs (g) through
(i) as paragraphs (h) through (j);
■ c. Add new paragraph (g).
The revisions and additions read as
follows:
§ 39.1005
ALL.
§ 39.2011 Vapor overpressure and vacuum
protection—TB/ALL
12. The authority citation for part 35
is revised to read as follows:
■
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
3306, 3703, 6101, 70011, 70034; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p.
351; DHS Delegation No. 00170.1, Revision
No. 01.3, paragraph (II)(70), (73), (92).
§ 35.30–20
[Amended]
13. In § 35.30–20(c)(1), remove the
text ‘‘the Mine Safety and Health
Administration (MSHA) and by’’.
■
PART 39—VAPOR CONTROL
SYSTEMS
14. The authority citation for part 39
is revised to read as follows:
■
Authority: 42 U.S.C. 7511b(f)(2); 46 U.S.C.
3306, 3703, 3715(b), 70011, 70034; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; DHS Delegation No. 00170.1, Revision
No. 01.3, paragraph (II)(70), (92).
■
■
■
Incorporation by reference –TB/
(a) Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved incorporation
by reference (IBR) material is available
for inspection at the Coast Guard and at
the National Archives and Records
Administration (NARA). Contact Coast
VerDate Sep<11>2014
16:36 May 22, 2023
Jkt 259001
*
*
*
*
*
(b) * * *
(1) Be type approved under 46 CFR
162.017, for the pressure and vacuum
relief setting desired. Pressure-vacuum
relief valves that meet the requirements
of ISO 15364 (incorporated by reference,
see § 39.1005) or equivalent standards
acceptable to the flag state are
PO 00000
Frm 00068
Fmt 4702
*
........................
*
Guard at: Commandant (CG–ENG–4),
U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE,
Washington, DC 20593–7509; email
typeapproval@uscg.mil or visit https://
www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this
material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations.html or email
fr.inspection@nara.gov. The material
may be obtained from the sources in the
following paragraphs of this section.
*
*
*
*
*
(g) International Organization for
Standardization (ISO), ISO Central
Secretariat Chemin de Blandonnet 8. CP
401—1214 Vernier, Geneva,
Switzerland, telephone 41 22 749 01 11,
https://www.iso.org/contact-iso.html.
(1) ISO 15364:2021(E), Ships and
Marine Technology—Pressure-vacuum
valves for cargo tanks and devices to
prevent the passage of flame into cargo
tanks, Fourth Edition (February 2021)
(‘‘ISO 15364’’), IBR approved for
§ 39.2011(b).
(2) [Reserved]
*
*
*
*
*
■ 16. Revise § 39.2011(b)(1) to read as
follows:
PART 35—OPERATIONS
lotter on DSK11XQN23PROD with PROPOSALS1
*
Sfmt 4702
*
None required.
*
*
acceptable for installation on foreignflagged vessels and do not require type
approval;
*
*
*
*
*
PART 56—PIPING SYSTEMS AND
APPURTENANCES
17. The authority citation for part 56
is revised to read as follows:
■
Authority: 33 U.S.C. 1321(j), 1509; 43
U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991
Comp., p. 351; DHS Delegation No. 00170.1,
Revision No. 01.3, paragraph (II)(73), (75),
(90), (92).
§ 56.60–25
[Amended]
18. In § 56.60–25(a)(4), remove the
sentence ‘‘Pipe that is to be used for
potable water must bear the appropriate
certification mark of a nationally
recognized, ANSI-accredited third-party
certification laboratory.’’.
■
PART 76—FIRE PROTECTION
EQUIPMENT
19. The authority citation for part 76
is revised to read as follows:
■
Authority: 46 U.S.C. 3306; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; DHS
Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).
20. In § 76.50–10, in the table in
paragraph (b), revise the first entry
under ‘‘Safety Area’’, Note 4 to Table
76.50–10(a), and Note 7 to Table 76.50–
10(a) to read as follows:
■
§ 76.50–10
Location.
*
*
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*
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
TABLE 76.50–10(a)—CARRIAGE OF PORTABLE AND SEMI-PORTABLE FIRE EXTINGUISHERS
Fire extinguishing
Space
Minimum
required rating
Quantity and
location
Safety Area 1
Wheelhouse or fire control room ..............................................
*
*
*
*
*
*
*
*
of less than 1,000 GT and
not on an international voyage may
substitute one 120–B for one 160–B.
*
*
*
*
*
7 Two 10–B units may be substituted
for one 40–B unit.
*
*
*
*
*
4 Vessels
PART 77—VESSEL CONTROL AND
MISCELLANEOUS SYSTEMS AND
EQUIPMENT
Authority: 46 U.S.C. 3306; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; DHS
Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).
[Amended]
[Amended]
27. In § 96.35–5(b), remove the text
‘‘the Mine Safety and Health
Administration (MSHA) and by’’.
■
§ 96.40–1
28. Amend § 96.40–1 by removing
paragraph (h).
■
PART 105—COMMERCIAL FISHING
VESSELS DISPENSING PETROLEUM
PRODUCTS
Authority: 6 U.S.C. 468(b); 33 U.S.C.
1321(j); 46 U.S.C. 2103, 3306, 3703, 4502;
E.O. 12777, sec. 2(d)(2) and (f), 56 FR 54757,
3 CFR, 1991 Comp., p. 351; DHS Delegation
No. 00170.1, Revision No. 01.3, paragraphs
(II)(73), (80), (92).
§ 105.14
[Amended]
23. Amend § 77.40–1 by removing
paragraph (h).
PART 95—FIRE PROTECTION
EQUIPMENT
24. The authority citation for part 95
is revised to read as follows:
■
Authority: 46 U.S.C. 3306; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; DHS
Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).
Fire Extinguishing Equipment.
(a) In addition to the extinguishers in
§ 28.160, Table 28.160, each vessel must
carry at least two 40–B fire
extinguishers that are approved under
§ 162.028 or § 162.039 of this chapter
and must be located at or near the
dispensing area. Extinguishers with
larger numerical ratings or multiple
letter designations may be used to meet
this requirement. This equipment must
be examined before issuing a letter of
compliance.
*
*
*
*
*
PART 107—INSPECTION AND
CERTIFICATION
[Amended]
25. In § 95.50–10, at Note 4 to Table
95.50–10(a), remove the text ‘‘160–B.’’
and add, in its place, the text ‘‘120–B.’’
■
31. The authority citation for part 107
is revised to read as follows:
■
PART 96—VESSEL CONTROL AND
MISCELLANEOUS SYSTEMS AND
EQUIPMENT
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306,
3307, 3316; DHS Delegation No. 00170.1,
Revision No. 01.3, paragraph (II)(90), (92);
§ 107.05 also issued under the authority of 44
U.S.C. 3507.
26. The authority citation for part 96
is revised to read as follows:
§ 107.235
■
Authority: 46 U.S.C. 3306; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; DHS
Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).
VerDate Sep<11>2014
16:36 May 22, 2023
Jkt 259001
[Amended]
32. In § 107.235(b)(4), remove the
word, ‘‘liquid’’ and add, in its place, the
word, ‘‘concentrate’’, and, after the text,
‘‘representative’’, add the text ‘‘, or an
■
PO 00000
Frm 00069
Fmt 4702
*
*
independent laboratory accepted for the
purpose by the Coast Guard’’.
PART 108—DESIGN AND EQUIPMENT
33. The authority citation for part 108
is revised to read as follows:
■
[Amended]
30. Revise § 105.14(a) to read as
follows:
■
lotter on DSK11XQN23PROD with PROPOSALS1
§ 96.35–5
*
■
22. In § 77.35–5 (b), remove the text
‘‘the Mine Safety and Health
Administration (MSHA) and’’.
■
§ 95.50–10
*
29. The authority citation for part 105
is revised to read as follows:
21. The authority citation for part 77
is revised to read as follows:
§ 77.40–1
1 of each rating required for vessels over 1,000 GT. Only 1
extinguisher is required if it carries both 2–A and 20–B:C
ratings.
■
■
§ 77.35–5
2–A, 20–B:C .....
Sfmt 4702
Authority: 43 U.S.C. 1333; 46 U.S.C. 3102,
3306; DHS Delegation No. 00170.1, Revision
No. 01.3, paragraph (II)(90), (92).
34. Revise § 108.103 to read as
follows:
■
§ 108.103
unit.
Equipment not required on a
(a) Each item of lifesaving and
firefighting equipment carried on board
the unit in addition to equipment of the
type required under this subchapter,
must—
(1) Be approved; or
(2) Be acceptable to the cognizant
OCMI, for use on the unit.
(b) Use of non-approved fire detection
systems may be acceptable as excess
equipment, provided that—
(1) Components are listed and labeled
by an independent, nationally
recognized testing laboratory as set forth
in 29 CFR 1910.7, and are designed,
installed, tested, and maintained in
accordance with an appropriate
industry standard and the
manufacturer’s specific guidance;
(2) Installation conforms to the
requirements of 46 CFR chapter I,
subchapter J (Electrical Engineering),
including the hazardous location
electrical installation regulations in 46
CFR 111.105; and
(3) Coast Guard plan review is
completed for wiring plans.
■ 35. Revise § 108.489(a)(3) to read as
follows:
§ 108.489
Helicopter fueling facilities.
(a) * * *
(3) A 160–B fire extinguisher
approved under § 162.028 or § 162.039
of this chapter for each fueling facility
up to 300 square feet (27.87 square
meters). Extinguishers with larger
numerical ratings or multiple letter
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
designations may be used to meet this
requirement.
*
*
*
*
*
36. In § 108.495, in the table, revise
the fourth entry under ‘‘Service Spaces’’
■
and the first entry under ‘‘Auxiliary
Spaces’’ to read as follows:
TABLE 108.495—CARRIAGE OF PORTABLE FIRE EXTINGUISHERS
Minimum
required rating
Space
Quantity and location
Safety Areas
*
*
*
*
*
*
*
*
*
*
Accommodations
*
*
*
*
Service Spaces
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Workshop and similar spaces .................................................
*
20–B:C ..................
*
*
1 outside each space in the vicinity of the exit.
*
Machinery Spaces
*
*
*
*
*
*
*
Auxiliary Spaces
Internal combustion engines or gas turbine ............................
40–B .....................
1 outside the space containing engines or turbines in the vicinity of the exit.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Miscellaneous Areas
*
*
*
*
Spare Units
*
*
*
§ 108.497
*
*
*
*
*
lotter on DSK11XQN23PROD with PROPOSALS1
[Amended]
■
38. In § 108.570(c)(3), remove the
word ‘‘must’’ and add, in its place, the
word ‘‘may’’.
[Amended]
§ 109.301 Operational readiness,
maintenance, and inspection of lifesaving
equipment.
*
39. Amend § 108.719 by removing
paragraph (h).
■
16:36 May 22, 2023
PART 115—INSPECTION AND
CERTIFICATION
■
■
VerDate Sep<11>2014
41. Revise § 109.301(j) to read as
follows:
40. The authority citation for part 109
is revised to read as follows:
[Amended]
37. In § 108.497(a), remove the text,
‘‘the Mine Safety and Health
Administration (MSHA) and by’’.
§ 108.719
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306,
6101, 10104; DHS Delegation 00170.1,
Revision No. 01.3, paragraph (II)(90), (92).
inspected annually with special regard
for areas passing through sheaves and
must be renewed when necessary due to
deterioration or at intervals of not more
than 5 years, whichever is earlier.
*
*
*
*
*
PART 109—OPERATIONS
■
§ 108.570
*
Jkt 259001
*
*
*
*
(j) Maintenance of falls. Each fall used
in a launching appliance must be
PO 00000
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Fmt 4702
Sfmt 4702
42. The authority citation for part 115
is revised to read as follows:
■
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2103, 3205, 3306, 3307; 49 U.S.C. App. 1804;
E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975
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Comp., p. 277; DHS Delegation 00170.1,
Revision No. 01.3, paragraph (II)(73), (92).
PART 132—FIRE PROTECTION
EQUIPMENT
§ 115.810
■
[Amended]
■
49. The authority citation for part 132
is revised to read as follows:
PART 116—CONSTRUCTION AND
ARRANGEMENT
Authority: 46 U.S.C. 3306, 3307; sec. 617,
Pub. L. 111–281, 124 Stat. 2905; DHS
Delegation 00170.1, Revision No. 01.3,
paragraph (II)(92).
43. In § 115.810(b)(1), remove the text,
‘‘Chapter 4 of’’.
44. The authority citation for part 116
is revised to read as follows:
■
Authority: 46 U.S.C. 2103, 3306; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277, DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).
[Amended]
50. In paragraph (b)(1), remove the
text ‘‘the Mine Safety and Health
Administration and by’’.
■
PART 147—HAZARDOUS SHIPS
STORES
45. Revise § 116.400(c) to read as
follows:
■
§ 116.400
Authority: 46 U.S.C. 3306; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; DHS
Delegation 00170.1, Revision No. 01.3,
paragraph (II)(92).
■
51. The authority citation for part 147
is revised to read as follows:
Application
*
*
*
*
*
(c) Vessels meeting the structural fire
protection requirements of SOLAS,
Chapter II–2, Regulations 5, 6, 8, 9, and
11 (incorporated by reference, see
§ 114.600), when combined with the
requirements in § 72.05–20 of
subchapter H of this chapter, may be
considered equivalent to the provisions
of this subpart.
*
*
*
*
*
■ 46. Revise § 116.405(f) to read as
follows:
§ 116.405 General arrangement and
outfitting.
*
*
*
*
*
(f) Nonmetallic piping in concealed
spaces. The use of nonmetallic (plastic)
pipe within a concealed space in a
control space, accommodation space, or
service space is permitted in nonvital
service only if the piping material has
been approved under § 164.141 of this
chapter and meets both low flame
spread rating and toxicity requirements.
*
*
*
*
*
PART 118—FIRE PROTECTION
EQUIPMENT
47. The authority citation for part 118
is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).
§ 118.500
[Amended]
48. Amend § 118.500 by:
■ a. In paragraph (c), removing the text
‘‘10’’ and adding, in its place, the text
‘‘5’’; and
■ b. In paragraph (d), removing the text
‘‘(c)’’ and adding, in its place, the text
‘‘(b)’’.
■
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16:36 May 22, 2023
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52. Revise § 147.66(a) and (c) to read
as follows:
■
§ 147.66 Inert gas fire extinguishing
systems.
(a) Inert gas cylinders forming part of
a clean agent fixed fire extinguishing
system must be retested every 12 years.
*
*
*
*
*
(c) Flexible connections between
cylinders and discharge piping for fixed
inert gas fire extinguishing systems
must be renewed or retested in
accordance with section 7.3 of NFPA
2001 (incorporated by reference, see
§ 147.7), except that this renewal or
retesting must occur when the cylinders
are retested.
PART 159—APPROVAL OF
EQUIPMENT AND MATERIALS
53. The authority citation for part 159
is revised to read as follows:
■
Authority: 46 U.S.C. 3306, 3703; DHS
Delegation 00170.1, Revision No. 01.3,
paragraph (II)(92); Section 159.001–9 also
issued under the authority of 44 U.S.C. 3507.
54. Revise § 159.001–5 to read as
follows:
■
■
lotter on DSK11XQN23PROD with PROPOSALS1
§ 132.365
§ 159.001–5 Correspondence and
applications.
(a) Unless otherwise specified, all
correspondence and applications in
connection with approval and testing of
equipment and materials should be
submitted electronically to
typeapproval@uscg.mil. When plans,
drawings, test data, etc., are required to
be submitted by the manufacturer, the
material being transmitted with the
application should be clearly identified.
(b) If the manufacturer desires hard
copy stamped plans be returned to
them, or if product samples must be
PO 00000
Frm 00071
Fmt 4702
Sfmt 4702
submitted, the plans or samples must be
addressed to: Commandant (CG–ENG),
Attn: Office of Design & Engineering
Standards, U.S. Coast Guard Stop 7509,
2703 Martin Luther King Jr. Avenue SE,
Washington, DC 20593–7509. When
submitted, hard copy plans must be
accompanied by electronic drawings or
must be submitted in triplicate.
PART 160—LIFESAVING EQUIPMENT
55. The authority citation for part 160
is revised to read as follows:
■
Authority: 46 U.S.C. 2103, 3306,
3703,4302; E.O. 12234; 45 FR 58801; 3 CFR,
1980 Comp., p. 277; and DHS Delegation
00170.1, Revision No. 01.3, paragraph
(II)(92).
56. Revise § 160.115–7(b)(6)(vi)
introductory text and (b)(6)(vi)(A) to
read as follows:
■
§ 160.115–7 Design, construction, and
performance of winches.
*
*
*
*
*
(b) * * *
(6) * * *
(vi) Limit switches must be provided
to limit the travel of the davit arms as
they approach the final stowed position
and prevent overstressing the falls or
davits. These switches must—
(A) Be arranged so that the activation
of any limit switch will stop the travel
of all of the davit arms;
*
*
*
*
*
§ § 160.115–9, 160.115–13, 160.132–9,
160.132–13, and 160.133–9 [Amended]
57. In §§ 160.115–9(b), 160.115–
13(g)(2), 160.132–9(b), 160.132–13(g)(2),
and 160.133–9(b), remove all instances
of the words, ‘‘in triplicate’’.
■
§ 160.133–13
[Amended]
58. In § 160.133–13(g)(2), remove the
text, ‘‘, in triplicate’’.
■ 59. Add § 160.135–5(d)(7) to read as
follows:
■
§ 160.135–5
Incorporation by reference.
*
*
*
*
*
(d) * * *
(7) MSC/Circular 1006, Guidelines On
Fire Test Procedures For Acceptance Of
Fire-Retardant Materials For The
Construction Of Lifeboats, (June 18,
2001), IBR approved for § 160.135–7(b)
(‘‘IMO MSC Circ. 1006’’).
*
*
*
*
*
§ 160.135–7
[Amended]
60. In § 160.135–7(b)(3)(iv)(A), remove
the text, ‘‘and accepted by the
Commandant in accordance with 46
CFR part 164, subpart 164.120’’ and
add, in its place, the text, ‘‘according to
IMO MSC Circ. 1006 (incorporated by
reference, see § 160.135–5)’’.
■
E:\FR\FM\23MYP1.SGM
23MYP1
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
§ 160.135–9
[Amended]
61. In § 160.135–9(b), remove the
words ‘‘in triplicate’’.
■
§ 160.135–13
[Amended]
62. In § 160.135–13(g)(2), remove the
text ‘‘, in triplicate’’.
■ 63. Add § 160.156–5(d)(7) to read as
follows:
■
§ 160.156–5
Incorporation by reference.
*
*
*
*
*
(d) * * *
(7) MSC/Circular 1006, Guidelines On
Fire Test Procedures For Acceptance Of
Fire-Retardant Materials For The
Construction Of Lifeboats (June 18,
2001) (‘‘IMO MSC Circ. 1006’’), IBR
approved for § 160.156–7.
*
*
*
*
*
§ 160.156–7
[Amended]
64. In § 160.156–7(b)(3)(iv)(A), remove
the text, ‘‘and accepted by the
Commandant in accordance with 46
CFR part 164, subpart 164.120’’, and
add, in its place, the text, ‘‘according to
IMO MSC Circ. 1006 (incorporated by
reference, see § 160.156–7).’’.
■
§ 160.156–9
[Amended]
65. In § 160.156–9(b), remove the
words, ‘‘in triplicate’’.
■
§ 160.156–13
[Amended]
66. In § 160.156–13(g)(2), remove the
text, ‘‘, in triplicate’’.
■
§ 160.170–9
[Amended]
67. In § 160.170–9(b), remove words,
‘‘in triplicate’’.
■
§ 160.170–13
[Amended]
68. In § 160.170–13(g)(2), remove text,
‘‘, in triplicate,’’.
■ 69. Revise § 160.171–3 to read as
follows:
■
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§ 160.171–3
Incorporation by reference.
(a) Certain material is incorporated by
reference into this subpart with the
approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. All approved
incorporation by reference (IBR)
material is available for inspection at
the Coast Guard Headquarters and at the
National Archives and Records
Administration (NARA). Contact the
Coast Guard at: Commandant (CG–ENG–
4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE,
Washington, DC 20593–7509; email
typeapproval@uscg.mil or visit https://
www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this
material at NARA, visit:
www.archives.gov/federal-register/cfr/
ibr-locations.html or email:
fr.inspection@nara.gov. The material
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16:36 May 22, 2023
Jkt 259001
may be obtained from the sources in the
following paragraphs of this section.
(b) ASTM International (ASTM). 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; phone:
+1 610 832 9500; email: service@
astm.org; web: https://www.astm.org.
(1) ASTM B117–97, Standard Practice
for Operating Salt Spray (Fog)
Apparatus (‘‘ASTM B117’’); § 160.171–
17(k).
(2) ASTM C177–85 (1993), Standard
Test Method for Steady-State Heat Flux
Measurements and Thermal
Transmission Properties by Means of
the Guarded-Hot-Plate Apparatus
(‘‘ASTM C177’’); § 160.171–17(e).
(3) ASTM C518–91, Standard Test
Method for Steady-State Heat Flux
Measurements and Thermal
Transmission Properties by Means of
the Heat Flow Meter Apparatus (‘‘ASTM
C518’’); § 160.171–17(e).
(4) ASTM D975–14, Standard
Specification for Diesel Fuel Oils
(‘‘ASTM D975’’); § 160.171–17(p).
(5) ASTM D1004–94a, Standard Test
Method for Initial Tear Resistance of
Plastic Film and Sheeting (‘‘ASTM
D1004’’); § 160.171–17(n).
(c) General Services Administration
(GSA). email: GSAStandards@gsa.gov;
web: https://fedspecs.gsa.gov/s/federalspecifications.
(1) Federal Test Method Standard No.
191 dated July 20, 1978, Method 5304.1,
Abrasion Resistance of Cloth,
Oscillatory Cylinder (Wyzenbeek)
Method, dated July 9, 1971 (‘‘Federal
Test Method Standard 191, Method
5304.1’’); § 160.171–17(o).
(2) Federal Standard No. 751a,
Stitches, Seams, and Stitchings, dated
January 25, 1965 (‘‘Federal Standard No.
751’’); § 160.171–9(c).
(d) National Institution of Standards
and Technology (NIST) (formerly
National Bureau of Standards). U.S.
Department of Commerce, National
Institution of Standards and
Technology, 100 Bureau Drive,
Gaithersburg, MD 20899; phone: (301)
975–2000; web: https://www.nist.gov.
(1) National Bureau of Standards
Special Publication 440—Color,
Universal Language and Dictionary of
Names; December 1976 (https://
nvlpubs.nist.gov/nistpubs/Legacy/SP/
nbsspecialpublication440.pdf)
(‘‘National Bureau of Standards
Publication 440’’); § 160.171–9(h).
(2) [Reserved]
(e) Underwriters Laboratories (UL).
1850 M. St. NW, Suite 1000,
Washington, DC, District of Columbia,
20036–5833; phone: (202) 296.7840; fax:
(202) 872.1576; web: https://
www.ul.com.
PO 00000
Frm 00072
Fmt 4702
Sfmt 4702
33049
(1) UL 1191, First Edition (Standard
for Components for Personal Flotation
Devices), as revised March 29, 1977;
§ 160.171–17(h).
(2) [Reserved]
■ 70. Revise § 160.174–3 to read as
follows:
§ 160.174–3
Incorporation by reference.
Certain material is incorporated by
reference into this subpart with the
approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. All approved
incorporation by reference (IBR)
material is available for inspection at
the Coast Guard Headquarters and at the
National Archives and Records
Administration (NARA). Contact the
Coast Guard at: Commandant (CG–ENG–
4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE,
Washington, DC 20593–7509; email
typeapproval@uscg.mil or visit https://
www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this
material at NARA, email: fr.inspection@
nara.gov, or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
The material may be obtained from the
sources in the following paragraphs of
this section. Error! Hyperlink reference
not valid.
(a) ASTM International (ASTM). 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959; phone:
+1 610 832 9500; email: service@
astm.org; web: https://www.astm.org.
(1) ASTM C177–85 (1993), Standard
Test Method for Steady-State Heat Flux
Measurements and Thermal
Transmission Properties by Means of
the Guarded-Hot-Plate Apparatus
(‘‘ASTM C 177’’); § 160.174–17(f) and
(g).
(2) ASTM C518–91, Standard Test
Method for Steady-State Heat Flux
Measurements and Thermal
Transmission Properties by Means of
the Heat Flow Meter Apparatus (‘‘ASTM
C 518’’); § 160.174–17(f) and (g).
(3) ASTM D975–14, Standard
Specification for Diesel Fuel Oils
(‘‘ASTM D 975’’); § 160.174–17(g).
(4) ASTM D1004–94a, Standard Test
Method for Initial Tear Resistance of
Plastic Film and Sheeting (‘‘ASTM D
1004’’); § 160.171–47(i).
(5) ASTM D1518–85 (1990), Standard
Test Method for Thermal Transmittance
of Textile Materials (‘‘ASTM D 1518’’);
160.174–17(f).
(b) General Services Administration
(GSA). email: GSAStandards@gsa.gov;
web: https://fedspecs.gsa.gov/s/federalspecifications.
(1) Federal Standard No. 751a,
Stitches, Seams, and Stitchings, dated
E:\FR\FM\23MYP1.SGM
23MYP1
33050
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
January 25, 1965 (‘‘Federal Standard No.
751’’); § 160.174–9(b).
(2) [Reserved]
(c) National Institution of Standards
and Technology (NIST) (formerly
National Bureau of Standards). U.S.
Department of Commerce, National
Institution of Standards and
Technology, 100 Bureau Drive,
Gaithersburg, MD 20899; phone: (301)
975–2000; web: https://www.nist.gov.
(1) National Bureau of Standards
Special Publication 440—Color,
Universal Language and Dictionary of
Names (‘‘National Bureau of Standards
Publication 440’’); December 1976
(https://nvlpubs.nist.gov/nistpubs/
Legacy/SP/nbsspecial
publication440.pdf); § 160.174–9(f).
(2) [Reserved]
PART 161—Electrical Equipment.
71. The authority citation for part 161
is revised to read as follows:
■
Authority: 46 U.S.C. 3306, 3703, 4302; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).
PART 161—ELECTRICAL EQUIPMENT
72. Revise the section heading to
§ 161.002–18 and paragraph (a) to read
as follows:
■
lotter on DSK11XQN23PROD with PROPOSALS1
§ 161.002–18 System method of
applications for equipment approval.
(a) The manufacturer must submit the
following material to the Commandant
(CG–ENG), according to § 159.001–5:
(1) A formal written request that the
system be reviewed for approval.
(2) The system’s instruction manual,
including information concerning
installation, maintenance, limitations,
programming, operation, and
troubleshooting.
(3) Proof of listing the system devices
meeting the requirements of § 161.002–
6(a).
(4) The complete test report(s)
meeting the requirements of § 161.002–
6 generated by an independent
laboratory accepted by the Commandant
under part 159 of this chapter or an
NRTL as set forth in 29 CFR 1910.7. A
current list of Coast Guard-accepted
laboratories may be obtained from the
following website: https://
cgmix.uscg.mil/eqlabs/.
(5) A list prepared by the
manufacturer that contains the name,
model number, and function of each
major component and accessory, such as
the main control cabinet, remote
annunciator cabinet, detector, zone
card, isolator, central processing unit,
zener barrier, special purpose module,
or power supply. This list must be
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16:36 May 22, 2023
Jkt 259001
identified by the following information
assigned by the manufacturer:
(i) A document number;
(ii) A revision number (the original
submission being revision number 0);
and
(iii) The date that the manufacturer
created or revised the list.
*
*
*
*
*
■ 73. Revise the section heading to
§ 161.002–19 and paragraphs (a) and (b)
to read as follows:
§ 161.002–19 Device method of application
for equipment approval.
(a) The manufacturer must submit the
following material to the Commandant
(CG–ENG) according to § 159.001–5:
(1) A formal written request that the
device be reviewed for approval;
(2) The device’s instruction manual,
including information concerning
installation, maintenance, limitations,
programming, operation, and
troubleshooting;
(3) Proof of listing the device meeting
the requirements of § 161.002–6(a); and
(4) The complete test report(s)
meeting the requirements of § 161.002–
6 generated by an independent
laboratory accepted by the Commandant
under part 159 of this chapter or an
NRTL as set forth in 29 CFR 1910.7. A
current list of Coast Guard accepted
laboratories may be obtained from the
following website: https://
cgmix.uscg.mil/eqlabs/.
(b) To apply for a revision, the
manufacturer must submit—
(1) A written request under paragraph
(a) of this section;
(2) Updated documentation under
paragraph (a)(2) of this section;
(3) Proof of listing the device meeting
the requirements of § 161.002–6(a); and
(4) A report by an independent
laboratory accepted by the Commandant
under part 159 of this chapter or an
NRTL as set forth in 29 CFR 1910.7 is
required to document compliance with
§ 161.002–6.
*
*
*
*
*
§ 161.011–1
[Amended]
74. In § 161.011–1, remove the word
‘‘approval’’ and add, in its place, the
word ‘‘acceptance’’.
■ 75. Revise § 161.011–5 to read as
follows:
■
§ 161.011–5
Frm 00073
Fmt 4702
EPIRB acceptance.
(a) The Coast Guard reviews test
reports from an accepted independent
laboratory for EPIRBs accepted in
§ 161.011–5 of this subpart.
(b) An application for acceptance or
type acceptance of an EPIRB should be
submitted to the Coast Guard before the
FCC in accordance with title 47 of the
Code of Federal Regulations (CFR), part
1061. When requested by the FCC, the
Coast Guard reviews the test results in
the application that concern installation
and operation of the EPIRB. The Coast
Guard provides the results of the review
to the manufacturer, and to the FCC for
its use in acting upon the application.
■ 77. Amend § 161.012–5 by:
■ a. Revising paragraph (a); and
■ b. In paragraph (b), removing the
words ‘‘Two copies of plans’’ and
adding, in their place, the word ‘‘Plans’’.
The revision reads as follows:
§ 161.012–5
Approval procedures.
(a) An application for approval of a
PFD light under this subpart must be
submitted to the Commandant (CG–
ENG) according to § 159.001–5.
*
*
*
*
*
■ 78. Revise 161.013–11(c)(1) to read as
follows:
§ 161.013–11
Prototype test.
*
*
*
*
*
(c) * * *
(1) Forward the test results within 30
days to the Commandant (CG–ENG)
according to § 159.005–1; and
*
*
*
*
*
■ 79. Revise § 161.013–17 to read as
follows:
§ 161.013–17
Manufacturer notification.
Each manufacturer certifying lights in
accordance with the specifications of
this subpart must send written notice to
the Commandant (CG–ENG) according
to § 159.005–1 within 30 days after first
certifying the lights, and send a new
notice every 5 years thereafter as long as
it certifies lights.
PART 162—ENGINEERING
EQUIPMENT
80. The authority citation for part 162
is revised to read as follows:
■
Types.
EPIRBs are typed as follows:
(a) Category 1—EPIRBs are capable of
floating free of a vessel and activating
automatically if the vessel sinks.
(b) Category 2—EPIRBs are manually
removed from the mounting bracket and
activated.
■ 76. Revise § 161.011–10 to read as
follows.
PO 00000
§ 161.011–10
Sfmt 4702
Authority: 33 U.S.C. 1321(j), 1903; 46
U.S.C. 3306, 3703, 4104, 4302; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p.
351; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(73), (92).
81. Add § 162.017–0 to read as
follows:
■
E:\FR\FM\23MYP1.SGM
23MYP1
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
§ 162.017–0
Preemptive effect.
The regulations in this part have
preemptive effect over State or local
regulations in the same field.
■ 82. Revise § 162.017–1 to read as
follows:
§ 162.017–1
Incorporation by reference.
(a) Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved incorporation
by reference (IBR) material is available
for inspection at the Coast Guard and at
the National Archives and Records
Administration (NARA). Contact Coast
Guard at: Commandant (CG–ENG–4),
U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE,
Washington, DC 20593–7509; email
typeapproval@uscg.mil or visit https://
www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this
material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations.html or email
fr.inspection@nara.gov. The material
may be obtained from the source(s) in
the following paragraph(s) of this
section.
(b) International Organization for
Standardization (ISO), ISO Central
Secretariat Chemin de Blandonnet 8. CP
401—1214 Vernier, Geneva,
Switzerland, telephone 41 22 749 01 11,
https://www.iso.org/contact-iso.html.
(1) ISO 15364:2021(E), Ships and
Marine Technology—Pressure-vacuum
valves for cargo tanks and devices to
prevent the passage of flame into cargo
tanks, Fourth Edition (February 2021)
(‘‘ISO 15364’’), IBR approved for
§ 162.017–3(r).
(2) [Reserved]
§ 162.017–2
[Amended]
83. In § 162.017–2, remove the word,
‘‘inflammable’’, and add, it its place, the
word, ‘‘flammable’’.
■ 84. Revise § 162.017–3(g), (n) and (r)
to read as follows:
■
§ 162.017–3 Materials, construction, and
workmanship.
lotter on DSK11XQN23PROD with PROPOSALS1
*
*
*
*
*
(g) The design and construction of the
valves must permit maintenance
without removal from the line.
*
*
*
*
*
(n) Double flame screens of 20 × 20
corrosion-resistant wire mesh with a 1⁄2inch corrosion-resistant separator, or a
single screen of 30 × 30 corrosionresistant wire mesh, shall be fitted on all
openings to atmosphere. The net free
area through the flame screens shall not
be less than 11⁄2 times the cross-
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Jkt 259001
sectional area of the vent inlet from the
cargo tanks.
*
*
*
*
*
(r) Pressure-vacuum relief valves
constructed in accordance with ISO
15364 (incorporated by reference; see
§ 162.017–1) meet the requirements of
this subpart, and are eligible to receive
approval by submitting an application
in accordance with § 162.017–6.
■ 85. Amend § 162.017–6 by:
■ a. Revising paragraph (a);
■ b. In paragraph (b), removing the
words ‘‘in quadruplicate’’; and
■ c. In paragraph (c), removing the text
‘‘, by the Underwriters’ Laboratories, the
Factory Mutual Laboratories, or’’.
The revision reads as follows.
§ 162.017–6
Procedure for approval.
(a) Applications for approval must be
submitted to the Commanding Officer,
U.S. Coast Guard Marine Safety Center.
Applications may be submitted
electronically, by mail or in-person.
Mail or in-person submissions may be
delivered to U.S. Coast Guard Stop
7430, 2703 Martin Luther King Jr.
Avenue SE, Washington, DC 20593–
7430. Information for submitting
applications electronically can be found
at https://www.uscg.mil/HQ/MSC.
*
*
*
*
*
■ 86. Revise § 162.050–15(a) to read as
follows:
§ 162.050–15
Designation of facilities.
(a) Each request for designation as a
facility authorized to perform approval
tests must be submitted to the
Commandant (CG–ENG) according to
§ 159.005–1.
*
*
*
*
*
■ 87. Revise § 162.060–40(b) to read as
follows:
§ 162.060–40 Requirements for
Independent Laboratories (ILs).
*
*
*
*
*
(b) Each request for designation as an
independent laboratory authorized
under paragraph (a) of this section must
be submitted to the Commandant (CG–
ENG) according to § 159.005–1.
*
*
*
*
*
PART 163—CONSTRUCTION
88. The authority citation for part 163
is revised to read as follows:
■
Authority: 46 U.S.C. 3306, 3703, 5115;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp.,
p. 277; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).
PO 00000
Frm 00074
Fmt 4702
Sfmt 4702
33051
Subpart 163.002 [Removed and
Reserved]
89. Remove and reserve subpart
163.002, consisting of §§ 163.002–1
through 163.002–27.
■
PART 164—MATERIALS
90. The authority citation for part 164
is revised to read as follows:
■
Authority: 46 U.S.C. 3306, 3703, 4302;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp.,
p. 277; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).
91. Revise § 164.009–9(a) to read as
follows:
■
§ 164.009–9
Procedure for approval.
(a) An application for approval of a
material under this subpart must be
submitted to the Commandant (CG–
ENG) according to § 159.005–1.
*
*
*
*
*
■ 92. Amend § 164.018–7 by:
■ a. Revise paragraph (a); and
■ b. In paragraph (b)(2), removing the
words, ‘‘Two copies of plans’’ and
adding, in their place, the word ‘‘Plans’’.
The revision reads as follows:
§ 164.018–7
Approval procedures.
(a) An application for approval of
retroreflective material must be
submitted to the Commandant (CG–
ENG) according to § 159.005–1.
*
*
*
*
*
§ 164.106–3
[Amended]
93. In § 164.106–3(a), remove the text
‘‘Part 6’’ and add, in its place, the text
‘‘Part 5’’.
■
Subpart 164.120 [Removed]
94. Remove subpart 164.120,
consisting of §§ 164.120–1 through
164.120–15.
■
§ 164.137–2
[Amended]
95. In § 164.137–2, remove and
reserve paragraph (b)(2).
■ 96. Revise § 164.137–3(a) to read as
follows:
■
§ 164.137–3 Testing, marking, and
inspection requirements.
(a) Windows submitted for type
approval must be tested for fire
resistance under Annex 1, Part 3 of the
FTP Code (incorporated by reference,
see § 164.137–2). Windows must also
meet the thermal radiation test
supplement to fire resistance, and hose
stream test supplement, as outlined in
Appendix 1 of Part 3 of the FTP Code.
*
*
*
*
*
■ 97. Amend 164.138–2 by:
■ a. Revising paragraph (a); and
■ b. Removing and reserving paragraph
(b)(2).
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
The revision reads as follows:
§ 164.138–2
100. Revise § 164.139–3(a) to read as
follows:
■
Incorporation by reference.
(a) Certain material is incorporated by
reference into this subpart with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved incorporation
by reference (IBR) material is available
for inspection at the Coast Guard and at
the National Archives and Records
Administration (NARA). Contact Coast
Guard at: Commandant (CG–ENG–4),
U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE,
Washington, DC 20593–7509; email
typeapproval@uscg.mil or visit https://
www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this
material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations.html or email
fr.inspection@nara.gov. The material
may be obtained from the sources in the
following paragraphs of this section.
*
*
*
*
*
■ 98. Revise § 164.138–3(a) to read as
follows:
§ 164.139–3 Testing, marking, and
inspection requirements.
§ 164.138–3 Testing, marking, and
inspection requirements.
Steam-propelled nautical school ships
burning oil for fuel shall be fitted with
the fire-fighting equipment of the
following type and quantity:
(a) In each boiler room and in each of
the machinery spaces of a nautical
school ship propelled by steam, in
which a part of the fuel-oil installation
is situated, two or more approved 40–
B fire extinguishers must be placed
where accessible and ready for
immediate use. On a nautical school
ship of 1,000 gross tons and under, only
one is required.
*
*
*
*
*
(d) On every steam propelled nautical
school ship of over 1,000 gross tons
having one boiler room there shall be
provided one 160–B fire extinguisher. If
the nautical school ship has more than
one boiler room, an extinguisher of the
above type shall be provided in each
boiler room. On every steam-propelled
nautical school ship of 1,000 gross tons
and under, a 120–B fire extinguisher
may be used. Extinguishers fitted shall
be equipped with suitable hose and
nozzles on reels or other practicable
means for easy access, and of sufficient
length to reach any part of the boiler
room and spaces containing oil-fuel
pumping units.
(e) All nautical school ships propelled
by internal-combustion engines shall be
equipped with the following fire
extinguishers in the machinery spaces:
(1) One 120–B fire extinguisher.
(2) One 40–B extinguisher for each
1,000 BHP of the main engines, or
fraction thereof. The total number of fire
(a) Fire stops (penetration seals)
submitted for type approval must be
tested for fire resistance under Annex 1,
Part 3 of the FTP Code (incorporated by
reference, see § 164.138–2), including
testing in accordance with Part 3,
Appendix 3 and Appendix 4.
*
*
*
*
*
■ 99. Amend 164.139–2 by:
■ a. Revising paragraph (a); and
■ b. Removing and reserving paragraph
(b)(2).
The revision reads as follows:
lotter on DSK11XQN23PROD with PROPOSALS1
§ 164.139–2
Incorporation by reference.
(a) Certain material is incorporated by
reference into this subpart with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved incorporation
by reference (IBR) material is available
for inspection at the Coast Guard and at
the National Archives and Records
Administration (NARA). Contact Coast
Guard at: Commandant (CG–ENG–4),
U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE,
Washington, DC 20593–7509; email
typeapproval@uscg.mil or visit https://
www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this
material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations.html or email
fr.inspection@nara.gov. The material
may be obtained from the sources in the
following paragraphs of this section.
*
*
*
*
*
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(a) Automatic fire dampers that are
installed in A-class divisions that are
submitted for type approval must be
tested for fire resistance under Annex 1,
Part 3 of the FTP Code (incorporated by
reference, see § 164.139–2), including
testing in accordance with Appendix 2.
*
*
*
*
*
PART 167—PUBLIC NAUTICAL
SCHOOL SHIPS
101. The authority citation for part
167 is revised to read as follows:
■
Authority: 46 U.S.C. 3306, 3307, 6101,
8105; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation 00170.1,
Revision No. 01.3, paragraph (II)(92).
102. Revise § 167.45–40 introductory
text, and paragraphs (a), (d), (e), and (f)
to read as follows:
■
§ 167.45–40 Fire-fighting equipment on
nautical school ships using oil as fuel.
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Fmt 4702
Sfmt 4702
extinguishers carried shall not be less
than two and not more than six.
(3) When a donkey boiler fitted to
burn oil as fuel is located in the
machinery space, there shall be a 160–
B fire extinguisher installed instead of
the 120–B fire extinguisher.
(f) In this section, any reference to a
fire extinguisher means approved by the
Coast Guard.
§ 167.45–60
[Amended]
103. In § 167.45–60(a), remove the text
‘‘the Mine Safety and Health
Administration (MSHA) and by’’.
■ 104. Revise § 167.45–65 to read as
follows:
■
§ 167.45–65 Portable fire extinguishers in
accommodation spaces.
All nautical school ships shall be
provided with such number of good and
efficient portable fire extinguishers
approved by the Coast Guard as follows:
(a) Nautical school ships less than 150
feet in length shall have at least two 2–
A fire extinguishers on each passenger
deck.
(b) Nautical school ships 150 feet and
over in length shall be provided with at
least one 2–A fire extinguisher for every
150 linear feet of corridor length or
fraction thereof in the spaces occupied
by passengers and crew.
(c) In all public spaces fire
extinguishers shall be located not more
than 150 feet apart.
■ 105. Amend § 167.45–70 by:
■ a. Removing paragraphs (a), (b), and
(c);
■ b. Redesignating paragraphs (d) and
(e) as paragraphs (a) and (b),
respectively;
■ c. In new paragraph (b), removing the
words ‘‘in still’’ and adding, in their
place, the words ‘‘it is still in’’;
removing the words ‘‘it the cartridge’’
and adding, in their place, the words ‘‘if
the cartridge’’; and removing the word
‘‘gage’’ and adding, in its place, the
word ‘‘gauge’’; and
■ d. Adding paragraph (c) to read as
follows:
§ 167.45–70 Portable fire extinguishers,
general requirements.
*
*
*
*
*
(c) In addition to the required
extinguishers in this part, each vessel
shall carry no less than 10 percent spare
extinguishers or charges for each size
and variety of fire extinguisher, with a
minimum of one for each size and
variety of extinguisher.
■ 106. Add § 167.45–71 to read as
follows:
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
§ 167.45–71 Exemptions to the
requirements of portable fire extinguishers
required for vessels constructed before
August 22, 2016.
Vessels contracted for before August
22, 2016, must meet the following
requirements:
(a) Previously installed portable and
semi-portable fire extinguishers with
extinguishing capacities smaller than
what is required in part 167 need not be
replaced and may be continued in
service so long as they are maintained
in good condition to the satisfaction of
the Officer in Charge, Marine
Inspection.
(b) All new equipment and
installations must meet the applicable
requirements in this part for new
vessels.
§ 167.45–75
PART 169—SAILING SCHOOL
VESSELS
108. The authority citation for part
169 is revised to read as follows:
■
[Amended]
107. In § 167.45–75, after the words
‘‘approved by the Coast Guard’’, remove
the words ‘‘or the Navy’’.
■
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
3306, 6101; Pub. L. 103–206, 107 Stat. 2439;
E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975
Comp., p. 793; DHS Delegation 00170.1,
Revision No. 01.3, paragraph (II)(73), (92);
§ 169.117 also issued under the authority of
44 U.S.C. 3507.
109. In § 169.567, in the table in
paragraph (a), revise the last entry to
read as follows:
■
TABLE 169.567(a)—REQUIRED PORTABLE FIRE EXTINGUISHERS
Portable fire extinguishers
Space
■
Minimum
required rating
Quantity and location
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
40–B:C ..................
110. Add § 169.568 to read as follows:
§ 169.568 Exemptions to the requirements
of portable fire extinguishers required for
vessels constructed before August 22,
2016.
Vessels contracted for before August
22, 2016, must meet the following
requirements:
(a) Previously installed portable and
semi-portable fire extinguishers with
extinguishing capacities smaller than
what is required in this subpart need
not be replaced and may be continued
*
*
*
10 percent of the required number, rounded up.
in service so long as they are maintained
in good condition to the satisfaction of
the Officer in Charge, Marine
Inspection.
(b) All new equipment and
installations must meet the applicable
requirements in this part for new
vessels.
§ 169.717
[Amended]
111. In§ 169.717(a)(1), remove the text
‘‘the Mine Safety Health Administration
(MSHA) and by’’ and remove the text
‘‘by MSHA and NIOSH’’.
■
PART 181—LIFESAVING SYSTEMS
FOR CERTAIN INSPECTED VESSELS
112. The authority citation for part
181 is revised to read as follows:
■
Authority: 46 U.S.C. 2103, 3306; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).
113. In § 181.500, in the table in
paragraph (b), revise the fourth entry to
read as follows:
■
TABLE 181.500(b)—REQUIRED PORTABLE FIRE EXTINGUISHERS
Portable fire extinguishers
lotter on DSK11XQN23PROD with PROPOSALS1
Space
Minimum
required rating
Quantity and location
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Accommodation Space ...........................................................
*
2–A .......................
*
*
*
1 each for each 2,500 square feet (232.3 square meters) or
fraction thereof.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
VerDate Sep<11>2014
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
PART 195—VESSEL CONTROL AND
MISCELLANEOUS SYSTEMS
114. The authority citation for part
195 is revised to read as follows:
■
Authority: 46 U.S.C. 2113, 3306, 3307; 49
U.S.C. App. 1804; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation
00170.1, Revision No. 01.3, paragraph
(II)(92).
§ 195.40–1
[Amended]
115. In § 195.40–1 remove paragraph
(h).
■
PART 199—LIFESAVING SYSTEMS
FOR CERTAIN INSPECTED VESSELS
116. The authority citation for part
199 is revised to read as follows:
■
Authority: 46 U.S.C. 3306, 3703; Pub. L.
103–206, 107 Stat. 2439; DHS Delegation
00170.1, Revision No. 01.3, paragraph
(II)(92).
117. Revise § 199.190(j) to read as
follows:
■
§ 199.190 Operational readiness,
maintenance, and inspection of lifesaving
equipment.
*
*
*
*
*
(j) Maintenance of falls. Each fall used
in a launching appliance must—
(1) Be inspected annually with special
regard for areas passing though sheaves;
and
(2) Be renewed when necessary due to
deterioration or at intervals of not more
than 5 years, whichever is earlier.
*
*
*
*
*
Dated: April 14, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention Policy.
CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
II. Background, Purpose, and Legal
Basis
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0286]
RIN 1625–AA00
lotter on DSK11XQN23PROD with PROPOSALS1
Safety Zone; Shrewsbury River, S–32
Bridge, Boroughs of Rumson and Sea
Bright, NJ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a temporary safety zone on
the navigable waters of the Shrewsbury
River, within a 100-yard radius of the
center point of the S–32 Bridge on
SUMMARY:
VerDate Sep<11>2014
16:36 May 22, 2023
Jkt 259001
If
you have questions about this proposed
rulemaking, call or email MST1 Melanie
Hughes, Waterways Management
Division, U.S. Coast Guard; telephone
718–354–4352, email
melanie.a.hughes1@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
[FR Doc. 2023–08400 Filed 5–22–23; 8:45 am]
ACTION:
County Route 520 (Rumson Road), in
the boroughs of Rumson and Sea Bright,
New Jersey. The safety zone will
include the East and West navigational
channels and will temporarily close
down a portion of the Shrewsbury River
under the S–32 Bridge. The safety zone
is needed to protect personnel, vessels,
and the marine environment from
potential hazards associated with the
bridge construction. When enforced,
entry of vessels or persons into this zone
during the enforcement periods is
prohibited unless specifically
authorized by the Captain of the Port
New York or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 22, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0286 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
On March 15, 2023, the Coast Guard
received notification from WSP USA
Inc. requesting to close a portion of the
Shrewsbury River for the replacement of
the S–32 Bridge on County Route 520
(Rumson Road) over the Shrewsbury
River in the Boroughs of Rumson and
Sea Bright, NJ; Federal Project No.
STBGP–0520(300); NJDOT Job No.
6700352. Marine construction actions
will consist of several activities,
including but not limited: to erection of
the bascule span structure steel;
counterweights; exodermic deck panels;
cast-in-place concrete closure pours;
bridge concrete sidewalk; bridge steel
railing; concrete deck overlay; and
PO 00000
Frm 00077
Fmt 4702
Sfmt 4702
fender system. These activities are
expected to affect navigation along the
Shrewsbury River. Marine traffic will be
maintained through the channel with
partial channel closures for a majority of
the duration of construction activities;
however; full channel closure will be
required for very limited periods. The
Captain of the Port New York (COTP)
has determined that potential hazards
associated with the bridge construction
would be a safety concern for anyone
within a 100-yard radius of the center
point of the bridge.
The purpose of this rulemaking is to
protect personnel, vessels, and the
marine environment from potential
hazards created by the S–32 Bridge
construction activities within a 100-yard
radius. The Coast Guard is proposing
this rulemaking under authority in 46
U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from September 25, 2023,
through December 31, 2024, but will
only be enforced during periods when
heavy lift operations at the new bridge
are in progress.
The first full channel closure is
anticipated to take place from 6 a.m. on
Monday, September 25, 2023, through 5
p.m. on Friday, September 29, 2023.
The anticipated contingency date for
this channel closure is from 6 a.m. on
Monday, October 2, 2023, through 5
p.m. on Friday, October 6, 2023. The
second full channel closure is
anticipated to take place from 6 a.m. on
Monday, November 13, 2023, through 5
p.m. on Friday, November 17, 2023. The
anticipated contingency date for this
channel closure is from 6 a.m. on
Monday, November 20, 2023, through 5
p.m. on Monday, November 27, 2023.
The Federal navigation channel closure
is due to a 180-foot by 64-foot crane
barge spudded down in the channel
while conducting heavy lift operations
each week at the new bridge.
The remainder of the bridge
construction activities will partially
close the channel allowing marine
traffic to pass on either the east half or
the west half of the channel. During
these partial closures, the channel will
be reduced to a width of 37 feet. The
first partial channel closure is
anticipated to take place from 12:00 a.m.
on Monday, October 2, 2023, through
11:59 p.m. on Friday, November 10,
2023. The second partial channel
closure is anticipated to take place from
12 a.m. on Monday, November 20, 2023,
through 11:59 p.m. on Friday, March 8,
2024. The third partial channel closure
is anticipated to take place from 12 a.m.
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]]>Agencies
[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Proposed Rules]
[Pages 33026-33054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08400]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 149
46 CFR Parts 2, 31, 32, 34, 35, 39, 56, 76, 77, 95, 96, 105, 107,
108, 109, 115, 116, 118, 132, 147, 159, 160, 161, 162, 163, 164,
167, 169, 181, 195, and 199
[Docket No. USCG-2020-0519]
RIN 1625-AC76
Marine Equipment on Board Vessels and Offshore Units or
Facilities
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to revise regulations associated with
the approval, carriage, and maintenance of certain safety equipment
required on board vessels and offshore units or facilities. We are
taking this action to align the regulations with the current industry
practice and provide more transparent regulations for the regulated
industry. These proposed revisions would eliminate outdated
requirements, reduce inspection and testing requirements, and update
standards incorporated by reference. Additionally, this project would
remove obsolete sections and align conflicting sections with the
International Convention for the Safety of Life at Sea.
DATES: Comments and related material must be received by the Coast
Guard on or before July 24, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0519 using the Federal Decision Making Portal at
www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
[[Page 33027]]
Viewing material proposed for incorporation by reference. Make
arrangements to view this material by calling the person identified in
the FOR FURTHER INFORMATION CONTACT section of this document.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Lieutenant Jon Taylor, Lifesaving and Fire Safety
Division (CG-ENG-4), U.S. Coast Guard; telephone 202-372-1426, email
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Proposed Rule
VI. Incorporation by Reference
VII. 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. Public Participation and Request for Comments
The Coast Guard views public participation as essential to
effective rulemaking and will consider all comments and material
received during the comment period. Your comment can help shape the
outcome of this rulemaking. If you submit a comment, please include the
docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at www.regulations.gov. To do so, go
to www.regulations.gov, type USCG-2020-0519 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. If you cannot submit
your material by using www.regulations.gov, email the person in the FOR
FURTHER INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the www.regulations.gov Frequently Asked Questions web
page. That web page also explains how to subscribe for email alerts
that will notify you when comments are posted or if a final rule is
published. We review all comments received, but we will only post
comments that address the topic of the proposed rule. We may choose not
to post off-topic, inappropriate, or duplicate comments that we
receive.
Personal information. We accept anonymous comments. Comments we
post to www.regulations.gov will include any personal information you
have provided. For more about privacy and submissions to the docket in
response to this document, see the Department of Homeland Security's
eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
Public meeting. We do not plan to hold a public meeting but we will
consider doing so if we determine from public comments that a meeting
would be helpful. We would issue a separate Federal Register notice to
announce the date, time, and location of such a meeting.
II. Abbreviations
ASTM American Society for Testing and Materials
CFR Code of Federal Regulations
CG-BSX Coast Guard Office of Auxiliary and Boating Safety
CG-ENG Coast Guard Office of Design and Engineering Standards
COMDTINST Commandant Instruction
COSPAS Space System for the Search of Vessels in Distress
DHS Department of Homeland Security
EPIRB Emergency Position Indicating Radio Beacon
FCC Federal Communications Commission
FR Federal Register
IBR Incorporation by reference
IMO International Maritime Organization
ISO International Organization for Standardization
LSA Life-Saving Appliances
MISLE Marine Information for Safety and Law Enforcement
MODU Mobile offshore drilling unit
MSC Marine Safety Committee
MSHA Mine Safety and Health Administration
NIOSH National Institute for Occupational Safety and Health
NRTL Nationally recognized testing laboratory
NPRM Notice of proposed rulemaking
NVIC Navigation and Vessel Inspection Circular
OCMI Officer in Charge, Marine Inspection
OCS Outer Continental Shelf
OMB Office of Management and Budget
PHS Public Health Service
RTCM Radio Technical Commission for Maritime Services
SARSAT Search and Rescue Satellite-Aided Tracking
SCBA Self-contained breathing apparatus
Sec. Section
SME Subject matter expert
SOLAS International Convention for the Safety of Life at Sea
U.S.C. United States Code
III. Basis and Purpose
The statutory authority for these regulations can be found in Title
46 of the United States Code (U.S.C.), Sections 3306 and 3703. The
authority to issue regulations, pursuant to these sections, is
delegated to the Commandant of the Coast Guard under Department of
Homeland Security (DHS) Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).
Under 46 U.S.C. 3306, the Secretary of DHS is required to prescribe
necessary regulations to ensure safety of individuals and property on
board vessels subject to inspection. This proposed rule would ensure
the proper design, construction, alteration, repair, and operation of
vessels subject to inspection.
Under 46 U.S.C. 3703, the Secretary is required to prescribe
regulations for the design, construction, alteration, repair,
maintenance, operation, equipping, personnel qualification, and manning
of tank and cargo vessels that may be necessary for increased
protection against hazards to life and property, navigation and vessel
safety, and enhanced protection of the marine environment.
This proposed rule would revise titles 33 of the Code of Federal
Regulations (CFR), chapter I, subchapters NN, and 46 CFR, chapter I,
subchapters A, D, F, H, I, I-A, K, L, N, Q, R, T, U, and W. These
subchapters are associated with approving, carrying, and maintaining
certain safety equipment required on board vessels and offshore units
or facilities. The proposed revisions in this notice of proposed
rulemaking (NPRM) would eliminate outdated requirements, reduce
inspection and testing requirements, modify submission requirements for
equipment approval to allow materials to be submitted electronically,
and update standards incorporated by reference. Additionally, this
proposed rule would remove numerous obsolete sections and update
sections to bring them into compliance with the International
Convention for the Safety of Life at Sea (SOLAS) and related
regulations.
[[Page 33028]]
IV. Background
The Coast Guard conducted a comprehensive review of regulations
regarding the approval, carriage, and maintenance of marine equipment
on U.S.-flagged vessels. The Coast Guard continues to review
regulations with the goals of updating the references to incorporated
standards that have been modified, clarifying language, and, where
possible, providing additional regulatory flexibility and to minimize
the regulatory burden on the affected vessels, and removing obsolete
rules to ensure marine equipment requirements are current with emerging
technology and industry standards.
V. Discussion of Proposed Rule
In general, this proposed rule would make the following changes to
various subchapters in titles 33 and 46 of the CFR:
(1) Modify equipment approval submission requirements to allow for
materials to be submitted electronically to [email protected],
instead of the existing requirement of paper submissions in triplicate;
(2) Remove obsolete regulations for pilot hoists that are no longer
allowed on U.S.-flagged vessels;
(3) Allow vessel owners and operators to use a third party to test
the properties and quality of their firefighting foam;
(4) Revise the requirements for pressure vacuum relief valves to
align with international consensus standards;
(5) Update requirements for lifeboat and rescue boat releasing
mechanisms on board mobile offshore drilling units (MODUs) and Outer
Continental Shelf (OCS) facilities to allow for lifeboats that serve as
rescue boats to carry lifeboat releasing mechanisms;
(6) Remove prescriptive design requirements for lifeboat, rescue
boat, and liferaft winch limit switches and align requirements with the
Life-Saving Appliances (LSA) Code;
(7) Remove a redundant flame-spread testing requirement for
nonmetallic piping used in certain vessels;
(8) Revise the ``end-for-ending'' requirement for launching
appliance falls (wire ropes) to align with SOLAS, which allows for a
fall replacement interval of 5 years without end-for-ending;
(9) Change the interval for hydrostatic testing of all inert gas
firefighting extinguishing system bottles to align with the hydrostatic
testing intervals for carbon dioxide and Halon firefighting
extinguishing systems. The interval would change from at least once
every 5 or 10 years (depending on bottle size) to once every 12 years;
(10) Remove the Mine Safety and Health Administration's (MSHA)
approval requirement for self-contained breathing apparatuses (SCBAs)
because MSHA no longer certifies this type of equipment for marine use;
(11) Revise the standards of fire-resistant fiber-reinforced
plastic resin used to manufacture survival craft and rescue boats to
allow the use of additional international standards;
(12) Remove the requirement for Coast Guard approval of Emergency
Position Indicating Radio Beacons (EPIRBs) and codify the current
policy in which the Coast Guard reviews test data, instruction manuals,
drawings and specifications of the EPIRB and issues a letter to the
manufacturer stating whether the EPIRB satisfies all Radio Technical
Commission for Maritime Services (RTCM) Recommended Standards. This
aligns with the requirements as set out in 47 CFR 80.1061.
(13) Add an option for the use of fire detection systems as excess
equipment for MODUs, and a grandfathering clause for fire extinguishers
on board nautical school vessels;
(14) Make editorial changes to clarify language, correct
typographical errors, and delete repetitive words;
(15) Update incorporations by reference (IBRs), remove outdated
IBRs, and revise CFR cite references to the correct IBRs;
(16) Correct errors in fire extinguisher quantities and ratings
from a previous rulemaking; and
(17) Clarify structural fire protection requirements for means of
egress on 46 CFR subchapter K vessels.
Table 1 provides a list of the types of changes, summaries of the
proposed changes, and the subparts affected by this proposed rule.
Further explanation for each of these categories can be found after the
table.
Table 1--Summary of Proposed Changes and CFR Subparts and Sections
Affected
------------------------------------------------------------------------
Equipment involved or type of Affected CFR subparts
change Proposed changes and sections
------------------------------------------------------------------------
CFR References and Changes to 1. Deletes 46 CFR 115.810(b)(1),
IBRs. references to 46 CFR 118.500(d),
outdated IBRs 46 CFR 160.171-3, 46
and corrects CFR 160.174-3, 46
improper IBRs in CFR 161.002-
regulation text. 18(a)(3), 46 CFR
2. Corrects 161.002-19(a)(3), 46
improper CFR CFR 161.002-
references.. 19(b)(3), 46 CFR
162.017-0, 46 CFR
164.106-3(a), 46 CFR
164.137-2(b)(2), 46
CFR 164.137-3(a), 46
CFR 164.138-2(a), 46
CFR 164.138-2(b)(2),
46 CFR 164.138-3(a),
46 CFR 164.139-2(a),
46 CFR 164.139-
2(b)(2), 46 CFR
164.139-3(a).
Editorial..................... 1. Clarifies 33 CFR 149.410, 46
language. CFR 56.60-25(a)(4),
2. Corrects 46 CFR 108.495, 46
typographical CFR 162.017, 46 CFR
errors.. 181.500(b)
3. Deletes
repetitive words
and wording..
Electronic Submissions........ 1. Adds option to 46 CFR 2.75-10(b), 46
submit equipment CFR 159.001-5, 46
approval CFR 160.115-9(b), 46
materials CFR 160.115-
electronically.. 13(g)(2), 46 CFR
2. Removes 160.132-9(b), 46 CFR
requirement for 160.132-13(g)(2), 46
multiple copies CFR 160.133-9(b), 46
of submissions CFR 160.133-
for equipment 13(g)(2), 46 CFR
approval, if 160.135-9(b), 46 CFR
submitted 160.135-13(g)(2), 46
electronically.. CFR 160.156-9(b), 46
CFR 160.156-
13(g)(2), 46 CFR
160.170-9(b), 46 CFR
160.170-13(g)(2), 46
CFR 161.002-18(a),
46 CFR 161.002-
19(a)(2), 46 CFR
161.012-5(a), 46 CFR
161.012-5(b)(2), 46
CFR 161.013-
11(c)(1), 46 CFR
161.013-17, 46 CFR
162.050-15(a), 46
CFR 162.060-40(b),
46 CFR 164.009-9(a),
46 CFR 164.018-7(a),
46 CFR 164.018-
7(b)(2).
End-for-Ending Launching 1. Removes 46 CFR 109.301(j), 46
Appliance Falls. requirement for CFR 199.190(j).
``end-for-
ending'' for
launching
appliance falls,
to align with
SOLAS.
2. Revises
interval for
launching
appliance falls
replacement to 5
years.
EPIRB......................... Aligns Coast 46 CFR 161.011-1, 46
Guard acceptance CFR 161.011-5, 46
of EPIRBs in 46 CFR 161.011-10.
CFR with Federal
Communications
Commission (FCC)
requirements in
47 CFR and
standards
established by
the Space System
for the Search
of Vessels in
Distress
(COSPAS), Search
and Rescue
Satellite-Aided
Tracking
(SARSAT), and
RTCM.
[[Page 33029]]
Equipment Deletion............ Deletes pilot 46 CFR 32.90-1(h), 46
hoist approval CFR 77.40-1(h), 46
series, Sec. CFR 96.40-1(h), 46
163.002, and CFR 108.719(h), 46
associated CFR 163.002, 46 CFR
references in 195.40-1(h).
various
subchapters.
Fire Protection and Other 1. Corrects fire 46 CFR 34.10-
Conforming Amendments. extinguisher 90(a)(3), 46 CFR
ratings. 34.50-10(a), 46 CFR
2. Clarifies fire 76.50-10(a), 46 CFR
extinguisher 95.50-10(a), 46 CFR
quantities.. 105.14(a), 46 CFR
3. Adds option to 108.103, 46 CFR
allow use of 108.489(a)(3), 46
nationally CFR 118.500(c), 46
recognized CFR 167.45-40, 46
testing CFR 167.45-65, 46
laboratory CFR 167.45-70, 46
(NRTL) listed CFR 167.45-71, 46
and labeled fire CFR 167.45-75, 46
detection CFR 169.567(a), 46
systems as CFR 169.568.
excess equipment
for MODUs.
4. Adds
grandfathering
provision for
fire
extinguishers
for public
nautical school
ships and
sailing school
ships.
Foam Testing.................. 1. Adds option 46 CFR 31.10-18(c),
for third-party 46 CFR
testing for foam 107.235(b)(4).
concentrates.
2. Aligns testing
processes with
requirements in
SOLAS and Coast
Guard Office of
Design and
Engineering
Standards (CG-
ENG) Policy
Letter 01-20,
Third Party Foam
Concentration
Analysis.
Hydrostatic Testing for Inert Revises 46 CFR 147.66(a), 46
Gas Cylinders. hydrostatic CFR 147.66(c).
testing
requirements for
inert gas
bottles to every
12 years.
MODU Lifesaving Appliance 1. Adds an option 46 CFR 108.570(c)(3).
Release Mechanism. in 46 CFR
subchapter I-A
to allow
lifeboats also
serving as a
rescue boat to
have lifeboat
release
mechanisms
instead of
rescue boat
release
mechanisms.
2. Aligns this
regulation with
a similar
regulation in 46
CFR subchapter W.
Nonmetallic Piping............ Removes redundant 46 CFR 116.405(f).
fire testing
requirements for
nonmetallic
piping in 46 CFR
subchapter K.
Pressure-Vacuum Relief Valves. 1. Revises 46 CFR 39.1005, 46
requirements for CFR 39.2011(b)(1),
approving 46 CFR 162.017-1, 46
pressure-vacuum CFR 162.017-2, 46
relief valves. CFR 162.017-3(n), 46
2. Updates IBR CFR 162.017-3(r), 46
edition.. CFR 162.017-6.
Resins for Lifeboats and Removes approval 46 CFR 160.135-5(d),
Rescue Boats. series for fire- 46 CFR 160.135-
retardant resins 7(b)(3)(iv)(A), 46
and incorporates CFR 160.156-5(d), 46
approval of CFR 160.156-
these resins 7(b)(3)(iv)(A), 46
into approvals CFR 164.120.
for lifeboats
and rescue boats.
Self-Contained Breathing Removes obsolete 46 CFR 35.30-
Apparatus. requirement for 20(c)(1), 46 CFR
MSHA approval 77.35-5(b), 46 CFR
for SCBAs. 96.35-5(b), 46 CFR
108.497(a), 46 CFR
132.365(b)(1), 46
CFR 167.45-60(a), 46
CFR 169.717(a)(1).
Stairwell Structural Fire Clarifies the 46 CFR 116.400(c).
Protection and Means of stairwell
Egress. structural fire
protection and
means of egress
requirements for
46 CFR
subchapter K
vessels.
Winches and Davits............ 1. Removes 46 CFR 160.115-
prescriptive 7(b)(6)(vi).
design
requirements for
winch and davit
safety devices
under the LSA
Code.
2. Aligns the
safety device
requirement with
the LSA Code.
------------------------------------------------------------------------
CFR References and Changes to IBRs
This rule proposes to delete references to outdated IBR material in
regulation text, delete corresponding IBR titles and information listed
in the centralized IBR section(s), correct improper IBR cites in
regulatory text, and correct improper CFR references as outlined in
table 1. See table 3 for additional information.
Editorial
Editorial changes in this proposed rule would clarify language,
correct typographical errors, and delete repetitive language in various
subchapters in titles 33 and 46 of the CFR as noted in table 1.
Electronic Submissions
Current regulations require manufacturers that produce marine
safety equipment needing approval to mail their paper application and
supporting documentation in triplicate. The requirement for submitting
paper plans in triplicate allows the office reviewing the plans to mark
the plans as ``approved'' and return one copy to the submitter, retain
one copy in the office's files, and forward the third copy to the
cognizant Officer in Charge, Marine Inspection (OCMI). However, in
current practice, manufacturers submit their applications
electronically via [email protected]. When plans are submitted
electronically, they can be stamped electronically and filed or
distributed, as described above, without the need for printing or
duplication. According to internal mail tracking data, in the last 5
years, 99.2 percent of all submissions related to applications for
equipment approval were submitted electronically. This proposed rule
would modify the submission requirements for equipment approval to
codify the use of electronic submissions. The CFR sections listed in
table 1 would be updated to include optional electronic submissions and
remove requirements to submit multiple copies of plans or test reports.
If a manufacturer desires a stamped hard copy of plans, the hard copy
plans may be submitted in triplicate, or accompanied by electronic
plans, so that the copies may be filed or distributed as described
above.
End-for-Ending Launching Appliance Falls
Currently, 46 CFR 109.301(j) and 199.190(j) require that falls for
launching appliances be replaced when necessary due to deterioration or
at least
[[Page 33030]]
every 5 years, whichever is earlier. Additionally, the falls must be
turned end-for-end not more than 30 months after installation (the
phrase, ``turned end-for-end'' means rotating the wire ropes so the
ropes wear evenly). These regulations allow an alternative to the end-
for-ending requirements; however, in that case, the falls must be
replaced at least every 4 years. This rule proposes to remove the
``end-for-ending'' requirement for these launching appliance falls and
require falls to be replaced at least every 5 years to align with SOLAS
Chapter III, which allows for a fall replacement interval of 5 years
without end-for-ending. This proposed rule would keep the requirement
to replace falls when they show signs of deterioration. It has been
Coast Guard policy per Commandant Instruction (COMDTINST) M16000.7B,
USCG Marine Safety Manual Vol. II B1 P.3.a(1)(c) \1\ that falls may be
replaced in 5-year intervals if they are serviced in accordance with
SOLAS Chapter III, Regulation 20.4.
---------------------------------------------------------------------------
\1\ U.S. Coast Guard, Marine Safety Manual Volume II: Materiel
Inspection, ``CH-2 to Marine Safety Manual Volume II, COMDINST
M16000.7B,'' https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CSNCOE/USCG%20Marine%20Safety%20Manual%20Volume%20II%20-%20Material%20Inspection.pdf.
---------------------------------------------------------------------------
EPIRB
Section 161.011-5 of title 46 of the CFR requires Coast Guard
approval of EPRIBs. However, the FCC in its ``Maritime Communications''
final rule (68 Federal Register (FR) 46974, August 7, 2003), changed
the approval process for EPIRBs in 47 CFR 80.1061. This update, which
is still in effect, required FCC approval for EPIRBs, but required the
Coast Guard to accept EPIRBs compliant to COSPAS, SARSAT, and RTCM
standards before the FCC's review. Currently, the Coast Guard issues a
letter stating compliance with these standards and does not issue
approval for EPIRBs. This rule proposes to remove the requirement for
Coast Guard approval of EPIRBs and align the Coast Guard's
responsibility in title 46 of the CFR with the process in title 47 of
the CFR.
Equipment Deletion
This rule proposes to delete references to pilot hoists as approved
equipment in 46 CFR subpart 163.002 by removing this subpart from the
CFR. In 2010, an International Maritime Organization (IMO) Resolution
of the Marine Safety Committee (MSC), Resolution MSC.308(88),\2\ banned
the use of pilot hoists on SOLAS vessels and updated SOLAS Chapter V
requirements accordingly. Further, pilots in the United States do not
use pilot hoists to embark a vessel. There are currently no Coast
Guard-approved pilot hoists and there has not been a Coast Guard-
approved pilot hoist since 2000. This proposed rule would also remove
references to pilot hoists in 46 CFR subchapters D, H, I, I-A, and U.
---------------------------------------------------------------------------
\2\ Resolution MSC.308(88), ``Amendments to the International
Convention for the Safety of Life at Sea, 1974, as amended,''
adopted December 3, 2010, https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/MSCResolutions/MSC.308(88).pdf.
---------------------------------------------------------------------------
Fire Protection and Other Conforming Amendments
Navigation and Vessel Inspection Circular (NVIC) 7-80, Use of Fire
Detection Systems Which are Not Approved Under 46 CFR 161.002,\3\
allows the use of non-approved fire detection systems as excess
equipment on board vessels if the system is listed and labeled by an
NRTL. This proposed rule would add the allowance for a fire detection
system listed and labeled by an NRTL to be used as excess equipment for
46 CFR subchapter I-A aligned with the guidance set forth in NVIC 7-80.
---------------------------------------------------------------------------
\3\ Department of Transportation and U.S. Coast Guard, NVIC 7-
80, ``Use of Fire Detection Systems Which are Not Approved Under 46
CFR 161.002,'' https://www.dco.uscg.mil/Portals/9/DCODocuments/5p/5ps/NVIC/1980/n7-80.pdf.
---------------------------------------------------------------------------
Also, the 2016 final rule, ``Harmonization of Standards for Fire
Protection, Detection, and Extinguishing Equipment'' (81 FR 48219, July
22, 2016), updated the design and approval standards for fire
extinguishing equipment by changing the portable fire extinguisher
ratings system from a weight-based rating system to the Underwriters
Laboratories, Inc. (UL) performance-based rating system. That 2016 rule
added a grandfathering clause to several sections in titles 33 and 46
of the CFR; \4\ however, this clause was mistakenly left out for public
nautical school ships and sailing school ships in 46 CFR subchapter R.
This proposed rule would correct the oversight.
---------------------------------------------------------------------------
\4\ The 2016 final rule applied the grandfathering clause for
vessels identified in 33 CFR 145.15 and 149.410, and 46 CFR 25.30-
80, 34.50-80, 76.50-80, 95.50-80, 108.491(b), 132.250, and 193.50-
90.
---------------------------------------------------------------------------
The previously mentioned ``Harmonization of Standards for Fire
Protection, Detection, and Extinguishing Equipment'' rule also updated
the portable fire extinguisher ratings system throughout title 46 of
the CFR. In implementing that complex rule, there were errors in
extinguisher quantities and ratings in 46 CFR subchapters H, I, K, and
R as listed in table 1. This proposed rule would correct those errors.
Foam Testing
Tank vessels and MODUs fitted with deck foam systems are required
by 46 CFR 31.10-18(c) and 46 CFR 107.235(b)(4) to submit a
representative sample of foam concentrate to the foam manufacturer to
test foam gravity, pH, percentage of water dilution, and solid content.
There are numerous laboratories other than those owned by foam
manufacturers that can test firefighting foam concentrates. This
proposed rule would add an option to allow third-party testing for
firefighting foam concentrate. Allowing third parties that are accepted
by the Coast Guard to test firefighting foam concentrates could be less
burdensome to the vessel owners and operators and provide a level of
safety similar to the current requirements that the manufacturer of the
firefighting foam be the sole tester. Additionally, using a third party
to test the properties of firefighting foam would increase the number
of companies available to test firefighting foam properties. This
proposed rule would also align with SOLAS requirements and codify CG-
ENG Policy Letter 01-20, Third Party Foam Concentration Analysis.\5\
---------------------------------------------------------------------------
\5\ U.S. Coast Guard, CG-ENG Policy Letter 01-20 Third Party
Foam Concentration Analysis, June 23, 2020, https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/Design%20and%20Engineering%20Standards/Life%20Saving%20and%20Fire%20Safety/Docs/CG-ENG%20PL%2001-20%20Foam%20Testing.pdf?ver=2020-07-09-142932-267.
---------------------------------------------------------------------------
Hydrostatic Testing for Inert Gas Cylinders
This proposed rule would change the interval for hydrostatic
testing of all inert gas fire extinguishing system bottles in 46 CFR
147.66 from at least once in every 5 or 10 years (depending on bottle
size) to once in every 12 years. This change would align the
hydrostatic testing intervals for inert gas fire extinguishing system
bottles with the intervals for carbon dioxide and halon fire
extinguishing system bottles in 46 CFR 147.65 and 147.67, respectively.
The Coast Guard is not aware of any data or studies that demonstrate
the need for a shorter hydrostatic testing interval for inert gas
extinguishing system bottles compared to carbon dioxide extinguishing
system bottles. Further, this proposed change would reduce servicing
costs for vessel owners or operators without increasing risk.
[[Page 33031]]
MODU Lifesaving Appliance Release Mechanism
Per 46 CFR 108.570(c)(3), single fall lifeboats, which also serve
as rescue boats on board MODUs and OCS facilities, are required to have
an automatic release mechanism approved under approval series 46 CFR
subpart 160.170. This proposed rule would add an option in 46 CFR
108.570(c)(3) to allow lifeboats also serving as a rescue boat to have
lifeboat release mechanisms instead of rescue boat release mechanisms.
This would allow owners and operators of MODUs and OCS facilities the
choice to select from a broader range of equipment options available to
non-SOLAS lifeboat and rescue boat-releasing mechanisms. This change
would align this regulation with a similar regulation in 46 CFR
199.160(d)(2). There is no reason to treat lifeboats that also serve as
rescue boats on offshore units differently than those units installed
on board ships.
Nonmetallic Piping
Title 46 CFR 116.405(f) requires that nonmetallic (that is,
plastic) piping in concealed spaces of small passenger vessels subject
to 46 CFR subchapter K be tested under the American Society for Testing
and Materials (ASTM) E84 standard and meet a certain set of performance
criteria. However, plastic piping is already required to be approved by
the Coast Guard under 46 CFR subpart 164.141. The testing standard to
gain this approval is a different test standard than the ASTM E84 test.
Requiring two different testing standards is redundant and provides no
additional benefits, adds confusion by preventing approved piping from
being used, and increases the cost for pipe manufacturers and
purchasers. The Coast Guard is proposing to remove the requirement to
test nonmetallic pipes to ASTM E84 and clarify that if nonmetallic
piping is used in concealed spaces, it must be approved under approval
series 46 CFR 164.141.
Pressure-Vacuum Relief Valves
Pressure-vacuum relief valves for tank vessels required in 46 CFR
32.20-5 and 39.2011(b) must be Coast Guard-approved to approval series
46 CFR subpart 162.017. Currently, in 46 CFR subpart 162.017,
International Organization for Standardization (ISO) standard 15364 is
incorporated by reference and is an alternative standard to the
prescriptive requirements in 46 CFR subpart 162.017 for approval of
pressure-vacuum relief valves. This proposed rule would amend 46 CFR
39.2011(b) to allow ISO 15364 valves, or valves otherwise accepted by
foreign-flag Administrations, as acceptable alternatives to the type-
approval requirements of 46 CFR subpart 162.017. This proposed rule
would better align our regulations for pressure-vacuum relief valves
with SOLAS requirements. This proposed rule would also amend 46 CFR
162.017-3(g) to replace the words ``overhauling and repairs'' with
``maintenance,'' 46 CFR 162.017-3(n) to correct an editorial error, and
46 CFR 162.017-6 to clarify the application process.
Resins for Lifeboats and Rescue Boats
Manufacturers of fiber-reinforced plastic survival craft and rescue
boats who seek Coast Guard equipment approval are required to use resin
accepted in 46 CFR subpart 164.120. This rule proposes to revise the
regulations for survival craft and rescue boats (46 CFR subparts
160.135 and 160.156) to incorporate by reference MSC/Circular 1006,
``Guidelines on Fire Test Procedures for Acceptance of Fire-Retardant
Materials for the Construction of Lifeboats,'' \6\ an international
standard for fire retardant resins that is already incorporated by
reference in 46 CFR subpart 164.120. This proposed rule would delete 46
CFR subpart 164.120 and add a review of fire-retardant resins in 46 CFR
subparts 160.135 and 160.156. The Coast Guard would no longer maintain
a list of accepted resins. Currently, there are 15 standards (4 ISO and
11 ASTM) incorporated by reference in subpart 164.120 that are out of
date. There is no indication that using the standards for resins
specified in the regulations, instead of other standards, is necessary
for safely constructing fiberglass-reinforced plastic survival craft
and rescue boats.
---------------------------------------------------------------------------
\6\ MSC/Circular 1006, ``Guidelines on Fire Test Procedures for
Acceptance of Fire-Retardant Materials for the Construction of
Lifeboats'' is available to view in the docket (USCG-2020-0519).
---------------------------------------------------------------------------
Self-Contained Breathing Apparatus
All vessels regulated in 46 CFR subchapters D, K, I, I-A, L, R, and
U are required to carry an SCBA as a part of a firefighting or
emergency outfit. Currently, the regulations require these SCBAs to
hold a MSHA approval. However, MSHA has not approved this equipment
since 1995, when the Public Health Service (PHS) published the
``Respiratory Protective Devices'' final rule (60 FR 30336, June 8,
1995). This proposed rule would delete the obsolete requirement for
SCBAs on inspected vessels to be approved by MSHA and would align title
46 of the CFR with MSHA and PHS regulations.
Stairwell Structural Fire Protection and Means of Egress
The ``Harmonization of Standards for Fire Protection, Detection,
and Extinguishing Equipment'' rule added an option for inspected
domestic vessels to meet either the structural fire protection
requirements of SOLAS Chapter II-2, or the structural protection
requirements found in the subchapter under which the vessel is
inspected. The 2016 rule was intended to allow any U.S.-flagged vessel
to be built to the requirements in SOLAS Chapter II-2, even if it is
not certificated to SOLAS, which allows greater flexibility in design.
However, the Coast Guard believes the 2016 rule used ambiguous language
regarding the means of egress requirements for 46 CFR subchapter K
vessels that used the SOLAS Chapter II-2 option for structural fire
protection. This proposed rule would add language to clarify the means
of egress requirements if subchapter K vessels use the SOLAS Chapter
II-2 structural fire protection requirements for a design basis. This
proposed rule would also harmonize stairways and ladders that meet
SOLAS's structural and nonstructural fire protection requirements with
U.S. design, structural, and nonstructural fire protection
requirements.
Winches and Davits
This proposed rule would remove prescriptive design requirements of
safety devices for lifeboat, rescue boat, and liferaft winches, and
align the safety device requirement with the LSA Code. Currently, 46
CFR 160.115-7(b)(6)(vi) requires that winches for survival craft or
rescue boats have a limit switch on each davit arm to prevent damage to
the launching equipment. However, requiring one limit switch for each
davit arm is inconsistent with the IMO's LSA Code. The Coast Guard is
proposing to remove this prescriptive design requirement and align the
safety device requirement with the LSA Code. This proposed rule would
allow launching appliance manufacturers to use different technologies
to achieve the safety performance criteria of the LSA Code.
VI. Incorporation by Reference
Material proposed for IBR appears in 46 CFR 39.1005, 39.2011,
160.135-5, 160.135-7, 160.156-5, and 160.156-7. The standards are
summarized in section VIII. L. Technical Standards, of this preamble.
For information about how to view this material, see the ADDRESSES
section of this preamble. Copies of the material are reasonably
available from the sources listed in
[[Page 33032]]
Sec. Sec. 39.1005, 160.135-5, and 160.156-5. The following standards
have already been approved for the locations where they appear in the
proposed amendatory text and no change to the incorporation by
reference is proposed: SOLAS, Chapter II-2, NFPA 2001, and FTP Code.
Before publishing a final rule, we will submit this material to the
Director of the Federal Register for approval of the IBR.
VII. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. A summary of our analyses
based on these statutes or Executive orders follows.
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 costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
proposed rule a significant regulatory action under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed this proposed
rule. The Coast Guard estimates this proposed rule would have no
additional costs. The Coast Guard estimates this proposed rule would
result in additional cost savings to industry with no reduction or
change in safety benefits. Details on the estimated cost savings of
this proposed rule can be found in the regulatory analysis that
follows.
The Coast Guard is proposing to revise the requirements in 33 CFR
subchapter NN, and 46 CFR subchapters A, D, F, H, I, I-A, K, L, N, Q,
R, T, U, and W. These subchapters are associated with approving,
carrying, and maintaining certain safety equipment required on board
vessels, offshore units, deepwater ports, and recreational vessels.
These proposed revisions would eliminate outdated requirements, update
standards incorporated by reference, and reduce the frequency of
inspection and testing requirements for foam fire-extinguishing
systems, inert gas cylinders, and lifeboat wire falls. Additionally,
this proposed rule would remove obsolete sections and align conflicting
sections with codes associated with the SOLAS of 1974 and the SOLAS
Protocol of 1978: articles, annexes, and certificates. We expect the
cost savings of this proposed rule to be associated with three items:
hydrostatic testing of inert gas bottles, testing firefighting foam
concentrates for fixed foam fire extinguishing systems, and replacing
the fall wire ropes associated with lifeboats. Table 2 provides a
summary of the impacts of the proposed rule.
Table 2--Summary of Impacts of the Proposed Rule
------------------------------------------------------------------------
Category Summary
------------------------------------------------------------------------
Applicability..................... Update 33 CFR, chapter I, subchapter
NN, and 46 CFR, chapter I,
subchapters A, D, F, H, I, I-A, K,
L, N, Q, R, T, U, and W.
Affected Population............... 581 U.S.-flagged vessels:
132 carrying foam fire
systems,
14 carrying inert gas
bottles, and
435 carrying lifeboats.
Costs............................. There would be no costs to industry
or the Federal Government because
this proposed rule would reduce
burden and instead generate cost
savings.
Benefits.......................... Provide flexibility by offering
third-party testing options for
certain safety equipment.
Reduce confusion and administrative
burdens by (1) removing obsolete
regulations and IBRs, and outdated
references, and (2) updating
standards to align with SOLAS,
related regulations, and current
industry practice.
Cost savings (7% discount rate) *. Cost savings to industry:
10-year: $2,493,189.
Annualized: $354,974.
------------------------------------------------------------------------
* Totals may not sum due to independent rounding.
Regulatory Changes of the Proposed Rule by CFR Subparts and Sections
Table 3 presents proposed regulatory changes with an assessment of
the economic impact of the changes proposed to titles 33 and 46 of the
CFR. The table shows the category of each proposed change, proposed
affected CFR subparts and sections and descriptions of their changes,
and whether there would be cost savings or no economic impact from the
changes.
Table 3--Regulatory Changes of the Proposed Rule by CFR Subparts and Sections
----------------------------------------------------------------------------------------------------------------
Equipment involved or type of Affected CFR subparts and
change Proposed changes sections Economic impact
----------------------------------------------------------------------------------------------------------------
CFR References and Changes to IBRs. 1. Deletes references 46 CFR 115.810(b)(1), 46 No impact; editorial.
to outdated IBRs and CFR 118.500(d), 46 CFR
corrects improper 160.171-3, 46 CFR 160.174-
IBRs in regulation 3, 46 CFR 161.002-
text. 18(a)(3), 46 CFR 161.002-
2. Corrects improper 19(a)(3), 46 CFR 161.002-
CFR references. 19(b)(3), 46 CFR 162.017-
0, 46 CFR 164.106-3(a), 46
CFR 164.137-2(b)(2), 46
CFR 164.137-3(a), 46 CFR
164.138-2(a), 46 CFR
164.138-2(b)(2), 46 CFR
164.138-3(a), 46 CFR
164.139-2(a), 46 CFR
164.139-2(b)(2), 46 CFR
164.139-3(a).
Editorial.......................... 1. Clarifies language. 33 CFR 149.410, 46 CFR No impact; editorial.
2. Corrects 56.60-25(a)(4), 46 CFR
typographical errors. 108.495, 46 CFR 162.017,
3. Deletes repetitive 46 CFR 181.500(b).
words and wording.
[[Page 33033]]
Electronic Submissions............. 1. Adds option to 46 CFR 2.75-10(b), 46 CFR No impact; aligns with
submit equipment 159.001-5, 46 CFR 160.115- current industry
approval materials 9(b), 46 CFR 160.115- practice. Over the
electronically. 13(g)(2), 46 CFR 160.132- past 5 years, the
2. Removes requirement 9(b), 46 CFR 160.132- Coast Guard has
for multiple copies 13(g)(2), 46 CFR 160.133- received 99.2 percent
of submissions for 9(b), 46 CFR 160.133- of the submissions
equipment approval, 13(g)(2), 46 CFR 160.135- electronically. So,
if submitted 9(b), 46 CFR 160.135- this proposed rule
electronically. 13(g)(2), 46 CFR 160.156- would codify the use
9(b), 46 CFR 160.156- of electronic
13(g)(2), 46 CFR 160.170- submission.
9(b), 46 CFR 160.170-
13(g)(2), 46 CFR 161.002-
18(a), 46 CFR 161.002-
19(a)(2), 46 CFR 161.012-
5(a), 46 CFR 161.012-
5(b)(2), 46 CFR 161.013-
11(c)(1), 46 CFR 161.013-
17, 46 CFR 162.050-15(a),
46 CFR 162.060-40(b), 46
CFR 164.009-9(a), 46 CFR
164.018-7(a), 46 CFR
164.018-7(b)(2).
End-for-Ending Launching Appliance 1. Removes requirement 46 CFR 109.301(j), 46 CFR Cost savings; reduces
Falls. for ``end-for- 199.190(j). testing burdens by
ending'' for allowing owners and
launching appliance operators to replace
falls, to align with the falls every 5
SOLAS. years without the end-
2. Revises interval for-ending
for launching requirement.
appliance falls
replacement to 5
years.
EPIRB.............................. Aligns Coast Guard 46 CFR 161.011-1, 46 CFR No impact; aligns with
acceptance of EPIRBs 161.011-5, 46 CFR 161.011- current industry
in 46 CFR with 10. practice.
Federal
Communications
Commission (FCC)
requirements in 47
CFR and standards
established by the
Space System for the
Search of Vessels in
Distress (COSPAS),
Search and Rescue
Satellite-Aided
Tracking (SARSAT),
and RTCM.
Equipment Deletion................. Deletes pilot hoist 46 CFR 32.90-1(h), 46 CFR No impact; aligns with
approval series, Sec. 77.40-1(h), 46 CFR 96.40- current industry
163.002, and 1(h), 46 CFR 108.719(h), practice.
associated references 46 CFR 163.002, 46 CFR
in various 195.40-1(h).
subchapters.
Fire Protection and Other 1. Corrects fire 46 CFR 34.10-90(a)(3), 46 No impact; editorial
Conforming Amendments. extinguisher ratings. CFR 34.50-10(a), 46 CFR and aligns with
2. Clarifies fire 76.50-10(a), 46 CFR 95.50- current industry
extinguisher 10(a), 46 CFR 105.14(a), practice.
quantities. 46 CFR 108.103, 46 CFR
3. Adds option to 108.489(a)(3), 46 CFR
allow use of 118.500(c), 46 CFR 167.45-
nationally recognized 40, 46 CFR 167.45-65, 46
testing laboratory CFR 167.45-70, 46 CFR
(NRTL) listed and 167.45-71, 46 CFR 167.45-
labeled fire 75, 46 CFR 169.567(a), 46
detection systems as CFR 169.568.
excess equipment for
MODUs.
4. Adds grandfathering
provision for fire
extinguishers for
public nautical
school ships and
sailing school ships.
Foam Testing....................... 1. Adds option for 46 CFR 31.10-18(c), 46 CFR Cost savings; reduces
third-party testing 107.235(b)(4). testing burdens via
for foam concentrates. the use of other test
2. Aligns testing alternatives from the
processes with third party.
requirements in SOLAS
and Coast Guard
Office of Design and
Engineering Standards
(CG-ENG) Policy
Letter 01-20, Third
Party Foam
Concentration
Analysis.
Hydrostatic Testing for Inert Gas Revises hydrostatic 46 CFR 147.66(a), 46 CFR Cost savings; changes
Cylinders. testing requirements 147.66(c). the interval for
for inert gas bottles hydrostatic testing
to every 12 years. for all vessels with
inert gas bottles for
fire protection
systems from at least
once in every 5 years
for large bottles and
10 years for small
bottles to once in
every 12 years for
all bottle types.
MODU Lifesaving Appliance Release 1. Adds an option in 46 CFR 108.570(c)(3)....... No impact; editorial.
Mechanism. 46 CFR subchapter I-A
to allow lifeboats
also serving as a
rescue boat to have
lifeboat release
mechanisms instead of
rescue boat release
mechanisms.
2. Aligns this
regulation with a
similar regulation in
46 CFR subchapter W.
Nonmetallic Piping................. Removes redundant fire 46 CFR 116.405(f).......... No impact; editorial.
testing requirements
for nonmetallic
piping in 46 CFR
subchapter K.
[[Page 33034]]
Pressure-Vacuum Relief Valves...... 1. Revises 46 CFR 39.1005, 46 CFR No impact; editorial
requirements for 39.2011(b)(1), 46 CFR and aligns with
approving pressure- 162.017-1, 46 CFR 162.017- current industry
vacuum relief valves. 2, 46 CFR 162.017-3(n), 46 practice.
2. Updates IBR CFR 162.017-3(r), 46 CFR
edition.. 162.017-6.
Resins for Lifeboats and Rescue Removes approval 46 CFR 160.135-5(d), 46 CFR No impact; editorial.
Boats. series for fire- 160.135-7(b)(3)(iv)(A), 46
retardant resins and CFR 160.156-5(d), 46 CFR
incorporates approval 160.156-7(b)(3)(iv)(A), 46
of these resins into CFR 164.120.
approvals for
lifeboats and rescue
boats.
Self-Contained Breathing Apparatus. Removes obsolete 46 CFR 35.30-20(c)(1), 46 No impact; editorial.
requirement for MSHA CFR 77.35-5(b), 46 CFR
approval for SCBAs. 96.35-5(b), 46 CFR
108.497(a), 46 CFR
132.365(b)(1), 46 CFR
167.45-60(a), 46 CFR
169.717(a)(1).
Stairwell Structural Fire Clarifies the 46 CFR 116.400(c).......... No impact; editorial.
Protection and Means of Egress. stairwell structural
fire protection and
means of egress
requirements for 46
CFR subchapter K
vessels.
Winches and Davits................. 1. Removes 46 CFR 160.115-7(b)(6)(vi). No impact; editorial.
prescriptive design
requirements for
winch and davit
safety devices under
the LSA Code.
2. Aligns the safety
device requirement
with the LSA Code.
----------------------------------------------------------------------------------------------------------------
Affected Population
For this proposed rule, we obtained the affected population of
vessels and the items they carry primarily from our Marine Information
for Safety and Law Enforcement (MISLE) database and from supplemental
information provided to us by subject matter experts (SMEs) in CG-ENG.
The affected population is the total number of U.S.-flagged vessels
carrying foam fire extinguishing systems, lifeboat wire falls, and
inert gas bottles for extinguishing fires. We estimate the total number
of affected vessels as 581, made up of 132 vessels carrying foam fire
systems, 14 vessels carrying inert gas bottles, and 435 vessels
carrying lifeboats. Vessels can be carrying more than one type of
equipment at a time, so there is some overlap in the number of vessels
that, for example, carry a foam fire extinguishing system and
lifeboats. For the purposes of our cost analysis, however, we assume
there is no overlap.
Cost Analysis
This proposed rule would have a cost savings associated with
reducing the maintenance intervals for hydrostatic testing of inert gas
bottles and lifeboat wire falls, and expanding testing parties for
fixed-foam fire extinguishing systems.
Regulatory Baseline
To obtain the cost savings associated with this proposed rule, we
first calculated the current costs to mariners for firefighting foam
testing, hydrostatic testing of inert gas bottles, and lifeboat wire
falls. Then, we compared the current and the proposed costs to obtain
the cost savings. The baseline costs for these items are as follows:
Foam Testing
Owners and operators of vessels that carry foam fire extinguishing
systems are required in 46 CFR 31.10-18(c) and 46 CFR 107.235(b)(4) to
submit a representative sample of firefighting foam concentrate, if
carried, to the manufacturer to test for specific properties such as
gravity, pH, percentage of water dilution, and solid content.
Currently, the frequency of this testing is twice in a 5-year period.
From information obtained in MISLE and discussions with SMEs, there are
a total of 132 vessels carrying foam fire systems in our affected
population because each vessel carries 1 foam fire extinguishing system
on board.
Based on information we obtained from a Coast Guard-approved third-
party company that tests foam fire extinguishing systems and from
consultations with SMEs, the cost to perform the test is about $150,
which includes the cost for a vessel owner or operator to submit a foam
sample to a manufacturer for testing. We estimate the total annual
undiscounted cost for foam testing to be approximately $7,920. We
calculate this by assuming that in any given year, 40 percent (or 2
divided by 5 to represent the testing interval of 2 tests every 5
years) of the 132 foam systems require testing. We then multiply the
result (132 x 0.40) by the cost per test ($150). Table 4 presents the
baseline total undiscounted cost for fire extinguishing foam testing.
Table 4--Baseline Cost for Foam Testing
----------------------------------------------------------------------------------------------------------------
Foam testing
Period population for Cost per test Total cost
each period
(A) (B) (C) = (A) x
(B)
----------------------------------------------------------------------------------------------------------------
1............................................................. 132 x (0.40) $150 $7,920
2............................................................. 132 x (0.40) 150 7,920
3............................................................. 132 x (0.40) 150 7,920
4............................................................. 132 x (0.40) 150 7,920
5............................................................. 132 x (0.40) 150 7,920
6............................................................. 132 x (0.40) 150 7,920
7............................................................. 132 x (0.40) 150 7,920
8............................................................. 132 x (0.40) 150 7,920
[[Page 33035]]
9............................................................. 132 x (0.40) 150 7,920
10............................................................ 132 x (0.40) 150 7,920
-------------------------------------------------
Total..................................................... ................ .............. 79,200
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
Hydrostatic Testing for Inert Gas Cylinders
Under 46 CFR subpart 147.66, vessel owners or operators for vessels
that carry inert gas fire extinguishing bottles must have the bottles
hydrostatically tested at least once every 10 years for bottles with an
equivalent water capacity of 125 pounds or less, or 5 years for larger
bottles with an equivalent water capacity of greater than 125 pounds
(the water capacity of a bottle is used to obtain the volumetric size
of the bottle for testing purposes because testing cannot be performed
when the bottle contains an inert gas). This is necessary to ensure the
integrity of the bottles. The Coast Guard contacted a company that
hydrostatically tests inert gas bottles to obtain the costs associated
with testing and discharging these bottles, recharging the bottles with
an inert gas, and delivering the bottles to a vessel when the testing
is completed.\7\
---------------------------------------------------------------------------
\7\ An inert gas is a gas that has low chemical reactivity under
certain conditions, which makes it suitable for firefighting
purposes either alone or with other gases. Inert gases extinguish
fires by displacing oxygen in the air. The field of chemistry
generally recognizes that six (naturally occurring) gases make up
the list of inert gases: helium, argon, neon, krypton, xenon, and
radon. See https://www.Britannica.com/science/noble-gas.
---------------------------------------------------------------------------
The cost to discharge and test the bottle, rebuild the valve on the
bottle, and recharge the bottle with an inert gas is about $1,220-a
lump-sum amount provided to us by the testing company. The pickup and
delivery costs are about $600. The company we contacted for this cost
estimate provided a lump-sum figure, which includes the time it takes
to drive to a vessel, disconnect the bottles, load the bottles onto the
delivery vehicle, and transport the bottles to the testing facility and
back to the vessel.
Therefore, the total cost a testing company charges a vessel owner
or operator is about $1,820 ($1,220 + $600) to hydrostatically test
inert gas bottles. Based on MISLE data and discussions with SMEs, the
total number of inert gas bottles for the 14 vessels that have inert
gas bottles on board is approximately 169, or approximately 12 bottles
per vessel. As a result, the testing cost once in a 10-year period is
about $307,580 (169 bottles x $1,820). We estimate the total annual
undiscounted cost for inert gas testing to be approximately $30,758. We
calculate this by assuming that 10 percent (or 1 divided by 10 to
represent the testing interval of 1 test every 10 years) of the 169
inert gas cylinders require testing over a 10-year period. We then
multiply the result (169 x 0.10) by the cost per test ($1,820). Table 5
presents the baseline total undiscounted cost for inert gas cylinders.
Table 5--Baseline Cost for Inert Gas Cylinders
----------------------------------------------------------------------------------------------------------------
Inert gas
Period population for Cost per test Total cost
each period
(A) (B) (C) = (A) x
(B)
----------------------------------------------------------------------------------------------------------------
1............................................................. 169 x (0.10) $1,820 $30,758
2............................................................. 169 x (0.10) 1,820 30,758
3............................................................. 169 x (0.10) 1,820 30,758
4............................................................. 169 x (0.10) 1,820 30,758
5............................................................. 169 x (0.10) 1,820 30,758
6............................................................. 169 x (0.10) 1,820 30,758
7............................................................. 169 x (0.10) 1,820 30,758
8............................................................. 169 x (0.10) 1,820 30,758
9............................................................. 169 x (0.10) 1,820 30,758
10............................................................ 169 x (0.10) 1,820 30,758
-------------------------------------------------
Total..................................................... ................ .............. 307,580
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs once every 10 years.
End-for-Ending Launching Appliance Falls
U.S.-flagged vessel owners and operators are required to replace
lifeboat launching appliance falls every 5 years according to 46 CFR
109.301 and 199.190. According to current regulations, these falls
(wire ropes) must be turned end-for-end not more than 30 months, or 2.5
years, after installation during a 5-year period (the phrase ``turned
end-for-end'' means rotating the wire ropes so the ropes wear evenly).
There are two falls for each lifeboat and there are two lifeboats per
vessel. Using the MISLE database, we identified 435 U.S.-flagged
vessels that carry lifeboats. Each affected vessel has 2 lifeboats on
[[Page 33036]]
board; therefore, we estimate there are 870 lifeboats that have fall
wire ropes.
For cost savings purposes, we assume that each lifeboat has two
fall wire ropes. The cost to turn two falls end-for-end on each
launching appliance is about $2,000, based on information provided to
us from a company that performs this function. Because there are 2
lifeboats per vessel, the population of lifeboat wire rope falls is
870. The total annual cost to turn falls end-for-end 2.5 years after
installation for 870 lifeboat wire falls is about $348,000. We
calculate this by assuming that in any given year 20 percent (or 2
divided by 10 to represent the turning interval of 1 turn every 5
years) of the 870 lifeboat wire falls require turning. We then multiply
the result (870 x 0.20) by the cost per turning ($2,000). Table 6
presents the baseline total undiscounted cost for lifeboat wire falls.
Table 6--Baseline Cost for Lifeboat Wire Falls
----------------------------------------------------------------------------------------------------------------
Lifeboat wire
Period falls population Cost per Total cost
for each period turning
(A) (B) (C) = (A) x
(B)
----------------------------------------------------------------------------------------------------------------
1............................................................. 870 x (0.20) $2,000 $348,000
2............................................................. 870 x (0.20) 2,000 348,000
3............................................................. 870 x (0.20) 2,000 348,000
4............................................................. 870 x (0.20) 2,000 348,000
5............................................................. 870 x (0.20) 2,000 348,000
6............................................................. 870 x (0.20) 2,000 348,000
7............................................................. 870 x (0.20) 2,000 348,000
8............................................................. 870 x (0.20) 2,000 348,000
9............................................................. 870 x (0.20) 2,000 348,000
10............................................................ 870 x (0.20) 2,000 348,000
-------------------------------------------------
Total..................................................... ................ .............. 3,480,000
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
We estimate the baseline total undiscounted cost to owners and
operators of U.S.-flagged vessels for all three items to be about
$3,866,780 ($79,200 + $3,480,000 + $307,580) (see table 7).
Table 7--Summary of Baseline Costs Associated With Each Item
----------------------------------------------------------------------------------------------------------------
Lifeboat wire Inert gas Undiscounted
Period Foam testing falls testing cost
----------------------------------------------------------------------------------------------------------------
1............................................... $7,920 $348,000 $30,758 $386,678
2............................................... 7,920 348,000 30,758 386,678
3............................................... 7,920 348,000 30,758 386,678
4............................................... 7,920 348,000 30,758 386,678
5............................................... 7,920 348,000 30,758 386,678
6............................................... 7,920 348,000 30,758 386,678
7............................................... 7,920 348,000 30,758 386,678
8............................................... 7,920 348,000 30,758 386,678
9............................................... 7,920 348,000 30,758 386,678
10.............................................. 7,920 3,348,000 30,758 386,678
---------------------------------------------------------------
Total....................................... 79,200 3,480,000 307,580 3,866,780
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
This proposed rule would generate cost savings as follows:
Cost Savings
The cost savings would originate from eliminating outdated
requirements, reducing inspection and testing requirements, and
updating standards. The cost savings of this proposed rule are
associated with three items: testing concentrates for fixed foam fire
systems, hydrostatic testing for inert gas bottles, and eliminating the
end-for-ending requirement for launching appliance falls (wire ropes)
when replaced at an interval of 5 years.
Foam Testing
There are numerous laboratories, other than those owned by foam
manufacturers, that can test foam concentrates used for firefighting.
Allowing a Coast Guard-accepted independent laboratory to test foam
concentrates provides a similar level of safety to the current
requirements and may be less burdensome to the vessel owners or
operators. Additionally, the use of a third party to test the
properties of the firefighting foam would allow for increased
availability in the number of companies who can test firefighting foam
systems.
In this proposed rule, a Coast Guard-accepted independent
laboratory, in place of a manufacturer, would be permitted to perform
the foam firefighting concentrates test. We estimate a charge for this
service would be about $115 per system.\8\ This would result in a total
annual cost of $6,072. We calculate this by assuming that, in
[[Page 33037]]
any given year, 40 percent (or 2 divided by 5 to represent the testing
interval of 2 tests every 5 years) of the 132 foam systems require
testing. We then multiply the result (132 x 0.40) by the projected cost
per test ($115) (see table 8).
---------------------------------------------------------------------------
\8\ This price was obtained from the industry.
Table 8--Proposed Cost Change for Foam Testing
----------------------------------------------------------------------------------------------------------------
Foam testing
Period population for Cost per test Total cost
each period
(A) (B) (C) = (A) x
(B)
----------------------------------------------------------------------------------------------------------------
1............................................................. 132 x (0.40) $115 $6,072
2............................................................. 132 x (0.40) 115 6,072
3............................................................. 132 x (0.40) 115 6,072
4............................................................. 132 x (0.40) 115 6,072
5............................................................. 132 x (0.40) 115 6,072
6............................................................. 132 x (0.40) 115 6,072
7............................................................. 132 x (0.40) 115 6,072
8............................................................. 132 x (0.40) 115 6,072
9............................................................. 132 x (0.40) 115 6,072
10............................................................ 132 x (0.40) 115 6,072
-------------------------------------------------
Total..................................................... ................ .............. 60,720
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
We compared the current unit cost for firefighting foam testing of
$150 when performed by a manufacturer with the projected unit cost of
$115 when performed by a third party. We estimate the unit cost savings
to be $35 ($150--$115). As we presented earlier in this analysis, the
baseline and the projected costs for firefighting foam testing are
$7,920 and $6,072, respectively (see tables 4 and 7). Therefore, the
cost savings per year would be $1,848 ($7,920--$6,072), and the total
cost savings for the firefighting foam testing part of this proposed
rule would be about $18,480 ($79,200--$60,720), undiscounted (see table
9).
Table 9--Net Cost Savings for Foam Testing
----------------------------------------------------------------------------------------------------------------
Baseline cost Proposed cost Total cost
Period * ** savings
(A) (B) (C) = (A)-(B)
----------------------------------------------------------------------------------------------------------------
1............................................................... $7,920 $6,072 $1,848
2............................................................... 7,920 6,072 1,848
3............................................................... 7,920 6,072 1,848
4............................................................... 7,920 6,072 1,848
5............................................................... 7,920 6,072 1,848
6............................................................... 7,920 6,072 1,848
7............................................................... 7,920 6,072 1,848
8............................................................... 7,920 6,072 1,848
9............................................................... 7,920 6,072 1,848
10.............................................................. 7,920 6,072 1,848
-----------------------------------------------
Total....................................................... 79,200 60,720 18,480
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 4
** Table 8
Hydrostatic Testing for Inert Gas Cylinders
We are proposing to change the hydrostatic testing interval of all
inert gas firefighting extinguishing system bottles from the current
requirement of once every 10 years to at least once every 12 years,
which aligns with the hydrostatic testing intervals for carbon dioxide
and halon firefighting extinguishing system bottles in 46 CFR 147.65.
The cost savings would be from less-frequent testing of inert gas
bottles. For vessels with inert gas bottles less than 125 pounds, the
test interval would change from at least once in every 10 years to at
least once in every 12 years. For large bottles with inert gas bottles
equal or greater than 125 pounds, the test interval would change from
once in every 5 years to once in every 12 years. We found no bottles
that had a capacity of more than 125 pounds of equivalent water
capacity in our population; therefore, for the purpose of this
analysis, the relevant change in testing interval is from once every 10
to once every 12 years. We estimate the total annual cost of
hydrostatic testing for inert gas cylinders would be approximately
$25,632. We calculate this by assuming that in any given year 8.3
percent (or 1 divided by 12 to represent the testing interval of 1 test
every 12 years) of the 169 inert gas cylinders would require testing.
We then multiply the result (169 x 0.083) by the cost per test ($1,820)
(see table 10). As a result, vessel owners and operators would save
$51,260
[[Page 33038]]
($307,580-$256,320) in testing costs over a 10-year period (see table
11).
Table 10--Proposed Cost Change for Inert Gas Cylinders
----------------------------------------------------------------------------------------------------------------
Inert gas
Period population for Cost per test Total cost
each period
(A) (B) (C) = (A) x
(B)
----------------------------------------------------------------------------------------------------------------
1............................................................. 169 x (0.083) $1,820 $25,632
2............................................................. 169 x (0.083) 1,820 25,632
3............................................................. 169 x (0.083) 1,820 25,632
4............................................................. 169 x (0.083) 1,820 25,632
5............................................................. 169 x (0.083) 1,820 25,632
6............................................................. 169 x (0.083) 1,820 25,632
7............................................................. 169 x (0.083) 1,820 25,632
8............................................................. 169 x (0.083) 1,820 25,632
9............................................................. 169 x (0.083) 1,820 25,632
10............................................................ 169 x (0.083) 1,820 25,632
-------------------------------------------------
Total..................................................... ................ .............. 256,320
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
Table 11--Net Cost Savings for Inert Gas Cylinders
------------------------------------------------------------------------
Baseline Proposed Total cost
Period cost * cost ** saving
(A) (B) (C) = (A)-(B)
------------------------------------------------------------------------
1............................. $30,758 $25,632 $5,126
2............................. 30,758 25,632 5,126
3............................. 30,758 25,632 5,126
4............................. 30,758 25,632 5,126
5............................. 30,758 25,632 5,126
6............................. 30,758 25,632 5,126
7............................. 30,758 25,632 5,126
8............................. 30,758 25,632 5,126
9............................. 30,758 25,632 5,126
10............................ 30,758 25,632 5,126
-----------------------------------------
Total..................... 307,580 256,320 51,260
------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 5.
** Table 10.
End-for-Ending Launching Appliance Falls
The Coast Guard proposes to revise the ``end-for-ending''
requirement for lifeboat launching appliance falls to align with SOLAS,
which allows for a fall replacement interval of 5 years without turning
the wires end-for-end. Current regulations require that falls must be
replaced in 5-year intervals if they are serviced in accordance with
IMO Circular MSC.1/Circ.1206 (Rev.1) and MSC.402(96).
The cost saving would be from eliminating the requirement to turn
the ropes end-for-end every 2.5 years over a 10-year period of
analysis. This would result in cost savings for vessel owners and
operators of about $3,480,000 for the 435 U.S.-flagged vessels that
have lifeboats on board. See table 12.
Table 12--Net Cost Savings for Lifeboat Wire Falls
----------------------------------------------------------------------------------------------------------------
Baseline cost Total cost
Period * Proposed cost saving
(A) (B) (C) = (A)-(B)
----------------------------------------------------------------------------------------------------------------
1............................................................... $348,000 $0 $348,000
2............................................................... 348,000 0 348,000
3............................................................... 348,000 0 348,000
4............................................................... 348,000 0 348,000
5............................................................... 348,000 0 348,000
6............................................................... 348,000 0 348,000
7............................................................... 348,000 0 348,000
8............................................................... 348,000 0 348,000
9............................................................... 348,000 0 348,000
[[Page 33039]]
10.............................................................. 348,000 0 348,000
-----------------------------------------------
Total....................................................... 3,480,000 0 3,480,000
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 6.
Table 13 shows the total cost savings for owners and operators of
U.S.-flagged vessels to be about $3 million, undiscounted, over a 10-
year period of analysis. We estimate the total present value or
discounted cost savings of the proposed rule over a 10-year period of
analysis to be between $2.5 and $3 million, at 7- and 3-percent
discount rates, respectively. We estimate the annualized cost savings
to be about $354,974 at each discount rate.
Table 13--Summary of Cost Savings of the Proposed Rule (10-Year Period of Analysis, 7- and 3-Percent Discount Rates)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inert gas Lifeboat wire Undiscounted
Period Foam testing * testing ** falls *** cost savings 7% Discount 3% Discount
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................................... $1,848 $5,126 $348,000 $354,974 $331,751 $344,635
2....................................................... 1,848 5,126 348,000 354,974 310,048 334,597
3....................................................... 1,848 5,126 348,000 354,974 289,765 324,851
4....................................................... 1,848 5,126 348,000 354,974 270,808 315,390
5....................................................... 1,848 5,126 348,000 354,974 253,092 306,204
6....................................................... 1,848 5,126 348,000 354,974 236,534 297,285
7....................................................... 1,848 5,126 348,000 354,974 221,060 288,626
8....................................................... 1,848 5,126 348,000 354,974 206,598 280,220
9....................................................... 1,848 5,126 348,000 354,974 193,082 272,058
10...................................................... 1,848 5,126 348,000 354,974 180,451 264,134
-----------------------------------------------------------------------------------------------
Total............................................... 18,480 51,260 3,480,000 3,549,740 2,493,189 3,028,000
-----------------------------------------------------------------------------------------------
Annualized.......................................... .............. .............. .............. .............. 354,974 354,974
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 9.
** Table 11.
*** Table 12.
Electronic Submission
Current regulations require manufacturers that produce marine
safety equipment needing approval to mail their paper application and
supporting documentation in triplicate. The requirement for submitting
paper plans in triplicate allows the office reviewing them to mark the
approved plans and return one copy to the submitter, retain one copy in
our files, and to forward the third copy to the cognizant OCMI. It is
current industry practice for manufacturers to submit their
applications electronically, get them stamped electronically and
distributed as described above. The Coast Guard is providing an option
for submitting plans electronically. There are several places in the
CFR where we are removing the ``in triplicate'' requirement for
submissions for equipment approval if the manufacturer wishes to submit
plans electronically (see the table 3 for the affected CFR sections).
It is current industry practice for manufacturers to submit their
applications electronically. According to data from the Coast Guard's
Work Management System, 99.2 percent of all submissions related to
applications for equipment approval were submitted electronically over
the last 5 years. So, this proposed rule would add an option for
manufacturers to submit their applications and type approval materials
electronically to codify the current industry practice. Therefore,
there would be no change in the hourly burden estimate and no impact to
the information collection request.
Benefits
We expect this proposed rule would generate qualitative benefits.
The proposed rule would reduce confusion and provide flexibility to
industry by allowing third-party testing for certain safety equipment
required on board vessels and offshore units or facilities. It would
provide regulatory clarity by removing obsolete regulations, such as
the MSHA approval for SCBAs for firefighters, and through updating
standards to align with SOLAS.
Alternatives
Alternative 1: No-Action Alternative
Under this alternative, the Coast Guard would retain the status quo
and would not incorporate by reference industry standards into the CFR.
This alternative would not align conflicting sections of the CFR with
SOLAS and related regulations. Furthermore, it would not reduce the
burden to industry. This alternative would not allow the Coast Guard to
perform retrospective review and updates to the regulations. We
rejected this alternative because it would not generate cost savings
for the marine industry, nor update standards in 33 CFR chapter I or 46
CFR chapter I.
Alternative 2: Policy Over Regulation
Under this alternative, the Coast Guard would issue a NVIC or
policy
[[Page 33040]]
letter instead of proposing changes through an NPRM. As voluntary
documents, neither NVICs nor policy letters are legally enforceable by
the agency. A NVIC or a policy letter would not update the CFR, and the
process of obtaining an equivalency test still would be needed. The
Coast Guard rejected this alternative because industry would not
benefit from current references and the public would not be given the
opportunity to comment on current industry practice and standards.
Alternative 3: Preferred Alternative
With this alternative, the Coast Guard would revise the regulations
associated with 33 CFR chapter I and 46 CFR chapter I. This is the
preferred alternative because it would update current references and
align conflicting sections of the CFR with SOLAS and related
regulations, eliminate outdated standards, and reduce inspection and
testing requirements. This alternative also allows the Coast Guard to
perform retrospective reviews and updates to the regulations.
This alternative would also reduce the workload for vessel owners
and operators by extending testing or maintenance intervals or
expanding the range of allowable testers for three items: inert gas
bottles, foam fire systems, and lifeboat launching appliances falls
(wire ropes). In turn, this alternative would generate cost savings for
vessel owners and operators and manufacturers of marine equipment. We
presented the cost saving impacts of this alternative earlier in this
analysis.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
We expect this proposed rule to generate cost savings to vessel
owners and operators who own vessels that carry lifeboats, bottles of
inert gas, and foam fire systems for extinguishing fires. The cost
savings would be the result of reducing the maintenance intervals for
hydrostatic testing for inert gas bottles and testing and maintaining
lifeboat falls (wire ropes). The cost savings associated with vessel
owners and operators who own vessels that carry foam fire systems for
extinguishing fires would be from allowing a third party to test the
firefighting foam concentrates.
Using the Coast Guard's MISLE database, we found this proposed rule
would affect 390 companies that own 531 distinct vessels. Of the 390
companies, 235 companies did not have company names in our MISLE
database; therefore, we assumed these 235 companies to be small
entities. We found the remaining 155 companies own 296 vessels. Based
on publicly available information from the online database
``ReferenceUSAgov'' and other online searches of companies,\9\ we found
revenue or employee information on 74 of the 155 companies. Using the
Small Business Administration's ``Table of Size Standards'' and the
North American Industry Classification System codes listed in the
table, we identified 51 of the 74 companies to be small entities. We
determined the other 23 companies were not small entities.\10\ We did
not find information on the remaining 81 companies; therefore, we
assumed these companies were small entities.
---------------------------------------------------------------------------
\9\ In addition to individual online searches of companies, the
Coast Guard reviewed https://www.manta.com/mb to find revenue or
employee information for the 74 companies.
\10\ https://www.sba.gov/document/support--table-size-standards,
effective December 19, 2022.
---------------------------------------------------------------------------
Overall, we assume there are a total of 132 small entities (51 +
81) out of 155 companies for which were named in the MISLE database, or
approximately 85 percent. If we add the number of small entities that
we could confirm are small based on revenue or employee information
(51) to the number of companies without company information (235 + 81),
we assume the total number of small entities to be 367 out of the 390
companies affected by this proposed rule.
For cost savings purposes, we needed to differentiate the vessels
that have different combinations of the equipment on board. MISLE's
database offers data on company names, vessels, and equipment types.
From MISLE's data and our small entity analysis, we found that there
are six different combinations of equipment that would affect the
savings for each vessel (see table 14). As a result, the affected small
entities overlap and are not exclusive throughout this analysis.
Based on MISLE's data and our small entity analysis discussed
earlier, we determined that the number of small entities would be 367.
Out of 367 small entities, we found that 68 small entities own vessels
that carry only foam fire systems. As described in the regulatory
analysis above, we estimate the cost savings for foam fire systems to
be about $35 for each vessel, and we assume the foam fire systems would
be tested four times during the analysis period. These small entities
would save about $952 annually per vessel (68 small entities x $35
savings per vessel x 0.4 systems tested per year), or about $14 per
entity ($952 / 68 small entities).
Using MISLE's data and the small entity analysis, we identified 251
small entities that own vessels carrying lifeboats that have fall wire
ropes. Each small entity would save about $800 annually per vessel it
owns (0.2 turns per year x $2,000 cost per turn x 2 lifeboats per
vessel).
Based on MISLE's database, we found that only eight small entities
own vessels carrying only inert gas bottles; there are 58 inert gas
bottles on these vessels.\11\ As presented in the regulatory analysis
above, the annual cost savings on inert gas tests would be $30 [($1,820
(cost savings per inert gas test) / 10 years-$1,820 (cost savings per
inert gas test) / 12 years) = $30], and the cost savings for the 8
entities that would be $1,740 [58 (number of inert gas bottles) x $30
(annual cost savings per inert gas bottle)]. These 8 small entities
would save, on average, about $218 ($1,740 / 8) annually per entity per
vessel.
---------------------------------------------------------------------------
\11\ Please note that the number of inert gas bottles carried on
board vessels varies from one vessel to another depending on the
size of the space protected by the fire suppression system.
---------------------------------------------------------------------------
Using MISLE's data and the small entity analysis, we identified 36
small entities that own vessels carrying foam fire systems and
lifeboats. As presented in the previous paragraphs, the annual cost
savings per entity for the foam fire systems would be $14 and the
annual cost saving per entity for fall wire ropes would be $800.
Therefore, we estimate these 36 small entities would save about $814
($14 + $800) annually per entity per vessel.
Using MISLE's data and the small entity analysis described earlier,
we identified two small entities that own vessels carrying inert gas
bottles and lifeboats that have fall wire ropes that need to be turned
periodically. As presented in the previous paragraphs, the annual cost
savings for these 2 entities that own vessels carrying inert gas
bottles would be $180 [6 (number of inert gas bottles carried on board
vessels for both entities) x $30 (annual cost savings per inert gas
bottle) = $180] and the annual cost savings for these 2 entities on
fall wire ropes would be $1,600 [2 (number of entities) x $800 (cost
saving per entity for fall wire ropes) = $1,600]. Therefore, the annual
cost savings for these 2 entities would be $1,780 ($180 + $1,600) and
these 2
[[Page 33041]]
small entities would save each, on average, about $890 ($1,780 /2).
Lastly, based on MISLE's data and the small entity analysis we
presented previously, we identified two small entities that carry all
three items. The annual cost savings for these 2 entities that own
vessels carrying inert gas bottles would be $3,000 [100 (number of
inert gas bottles carried on board vessels for both entities) x $30
(annual cost savings per inert gas bottle) = $3,000]; the annual cost
savings for these 2 entities for fall wire ropes would be $1,600 [2
(number of entities) x $800 (cost saving per fall wire ropes) =
$1,600]; and the annual cost savings for these 2 entities for foam fire
systems would be $28 [2 (number of entities) x $14 (cost savings per
foam fire systems) = $28]. Therefore, the annual cost savings for these
2 entities would be $4,628 ($3,000 + $1,600 + $28), and we estimate
these 2 small entities would save, on average, about $2,314 ($4,628 / 2
entities) annually per entity per vessel.
Table 14 shows the cost savings for small entities with each of the
six different combinations of equipment described in the previous
paragraphs.
Table 14--Summary of the Annual Cost Savings per Entity per Vessel of the Proposed Rule
----------------------------------------------------------------------------------------------------------------
Cost saving
Item Number of per entity per Cost saving
small entities vessel per vessel
(A) (B) (C) = (A) x
(B)
----------------------------------------------------------------------------------------------------------------
Foam Testing.................................................... 68 $14 $952
Lifeboat Wire Falls............................................. 251 800 200,800
Inert Gas Testing............................................... 8 218 1,744
Foam Testing and Lifeboat Wire Falls............................ 36 814 29,304
Lifeboat Wire Falls and Inert Gas Testing....................... 2 890 1,780
Foam Testing, Lifeboat Wire Falls, and Inert Gas Testing........ 2 2,314 4,628
-----------------------------------------------
Total....................................................... 367 .............. 239,208
----------------------------------------------------------------------------------------------------------------
From these 6 different combinations, the range of the annual
proposed cost savings that we estimate for small entities per vessel in
this analysis is between $14 and $2,314, and the total proposed annual
cost savings for the small entities would be about $239,208. Table 15
shows the cost savings per revenue for the small entities for which we
had revenue information.
Table 15--Distribution of Revenue Impacts
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of revenue impact Average annual impact per vessel Small entities
with known
revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
<1%............................. Foam Testing....... Lifeboat Wire Falls Inert Gas Testing.. Foam Testing and Lifeboat Wire 51
Lifeboat Wire Falls and Inert
Falls. Gas Testing.
Cost Savings per Vessel......... $14................ $800............... $218............... $814............... $890.............. ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Using MISLE's data, we found that 51 small entities, where we found
revenue and employee information, own 92 vessels. Therefore, each small
entity owns, on average, two vessels. Multiplying the cost savings per
entity per vessel (see table 15) by the number of vessels owned by each
entity or 2, yielded the following cost savings per entity: $28 for
foam testing ($14 x 2 vessels per entity = $28); $1,600 for lifeboat
wire falls ($800 x 2 vessels per entity = $1,600); $436 for inert gas
testing ($218 x 2 vessels per entity = $436); $1,628 for foam testing
and lifeboats wire falls ($814 x 2 vessels per entity = $1,628); and
$1,780 for lifeboat wire falls and inert gas testing ($890 x 2 vessels
per entity = $1,780). For each of the 51 small entities with known
revenue, the average annual cost savings per equipment type per small
entity would be less than 1 percent of annual revenue. Based on this
analysis, we found that 100 percent of the small entities with known
revenues that would be impacted by this proposed rule (all 51 entities)
would have a cost savings that is less than 1 percent of their annual
revenue. The Coast Guard's economic analysis concluded that these
changes would generate cost savings and would not impose a burden on
any entities affected by this proposed rule.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this proposed rule would have a significant economic impact on
it, please submit a comment to the docket at the address listed in the
ADDRESSES section of this preamble. In your comment, explain why you
think it qualifies and how and to what degree this proposed rule would
economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact the person in the
FOR FURTHER INFORMATION CONTACT section of this proposed rule. The
Coast Guard will not retaliate against small entities that question or
complain about this
[[Page 33042]]
proposed rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This proposed rule would call for no new or revised collection of
information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520.
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 proposed 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. It is also well settled
that all of the categories covered in 46 U.S.C. 3306, 3703 (involving
design, construction, alteration, repair, maintenance, operation,
equipping, personnel qualification, and manning of vessels) and any
other category in which Congress intended the Coast Guard to be the
sole source of a vessel's obligations, are within the field foreclosed
from regulation by the States. See United States v. Locke, 529 U.S. 89
(2000) (finding that the states are foreclosed from regulating tank
vessels); see also Ray v. Atlantic Richfield Co., 435 U.S. 151, 157
(1978) (State regulation is preempted where ``the scheme of federal
regulation may be so pervasive as to make reasonable the inference that
Congress left no room for the States to supplement it [or where] the
Act of Congress may touch a field in which the federal interest is so
dominant that the federal system will be assumed to preclude
enforcement of state laws on the same subject'' (citations omitted)).
Because this proposed rule involves approving, carrying, and
maintaining certain safety equipment required on board vessels and
offshore units or facilities, it is part of a pervasive scheme of
Federal regulation that forecloses regulation by the States. Because
the States may not regulate within this field, this proposed rule is
consistent with the principles of federalism and preemption
requirements in Executive Order 13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking process. If you believe this proposed rule would have
implications for federalism under Executive Order 13132, please contact
the person listed in the FOR FURTHER INFORMATION section of this
preamble.
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 million (adjusted for
inflation) or more in any one year. Although this proposed rule would
not result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
G. Taking of Private Property
This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, (Civil Justice Reform), to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule under Executive Order 13045
(Protection of Children from Environmental Health Risks and Safety
Risks). This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments), because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule under Executive Order 13211
(Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use). We have determined that it is not a
``significant energy action'' under that Order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
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 (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This proposed rule uses the following technical and voluntary
consensus standards: ASTM D975-14, IMO MSC Circ. 1006, and ISO 15364.
The proposed sections that reference these standards and the locations
where these standards are available are listed in Sec. Sec. 39.1005,
160.135-5, 160.156-5, 160.171-3, and 160.174-3.
These standards provide internationally accepted and recognized
parameters that equipment, material, etc. must meet to ensure its
safety, proper usage, and preservation on the seas. The standards that
would be incorporated were developed by either the ASTM, IMO, or ISO,
which are voluntary consensus standard-setting organizations.
[[Page 33043]]
One ASTM standard would be incorporated by reference in this
rulemaking: ASTM D975-14, ``Standard Specification for Diesel Fuel
Oils'' (July 30, 2014). This ASTM specification classifies grades of
diesel fuel oils suitable for various types of diesel engines. As
incorporated, it would define the grade of fuel necessary to perform a
test for oil resistance.
One IMO standard would be incorporated by reference in this
rulemaking: IMO MSC/Circular.1006 ``Guidelines on Fire Test Procedures
for Acceptance of Fire-Retardant Materials for the Construction of
Lifeboats'' (adopted on June 8, 2001). This test procedure is used for
the acceptance of fire-retardant and flame-resistant materials used for
the construction of lifeboats, which are required to be fire-retardant
by the International Life-saving Code.
One ISO standard would be incorporated by reference in this
rulemaking: ISO 15364:2021(E) (February 2021)--``Ships and marine
technology--Pressure-vacuum valves for cargo tanks and devices to
prevent the passage of flame into cargo tanks.'' This international
standard specifies the minimum requirements for performance and testing
of pressure-vacuum relief valves, with emphasis on selection of
materials, internal finish, and surface requirements for pressure-
vacuum relief valves installed on cargo tanks in tankers.
Consistent with incorporation by reference provisions in 1 CFR part
51, this material is reasonably available. Interested persons have
access to it through their normal course of business; can purchase it
from the organizations identified in 46 CFR 39.1005, 160.135-5,
160.156-5, 160.171-3, and 160.174-3; or may view a copy using the
methods identified in those sections.
If you disagree with our analysis of these voluntary consensus
standards or are aware of voluntary consensus standards that might
apply but are not listed, please send a comment explaining your
disagreement or identifying additional standards to the docket using
one of the methods under ADDRESSES.
M. Environment
We have analyzed this proposed 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 preliminary 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
preliminary 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 proposed
rule would be categorically excluded under paragraphs L52, L54, and L57
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
01. Paragraph L52 pertains to regulations concerning vessel safety
standards; Paragraph L54 pertains to regulations which are editorial
and procedural; and Paragraph L57 pertains to regulations concerning
manning, documentation, admeasurement, inspection, and equipping of
vessels.
This proposed rule involves revising regulations associated with
the approval, carriage, and maintenance of certain safety equipment
required on board vessels and offshore units or facilities. Some of
these proposed revisions are editorial or procedural actions that would
eliminate outdated requirements, reduce inspection and testing
requirements, update standards incorporated by reference, remove
obsolete sections, and align conflicting sections with codes associated
with SOLAS. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects
33 CFR Part 149
Fire prevention, Harbors, Marine safety, Navigation (water),
Occupational safety and health.
46 CFR Part 2
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 32
Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 34
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 35
Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 39
Cargo vessels, Fire prevention, Hazardous materials transportation,
Incorporation by reference, Marine safety, Occupational safety and
health, Reporting and recordkeeping requirements.
46 CFR Part 56
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 76
Fire prevention, Marine safety, Passenger vessels.
46 CFR Part 77
Marine safety, Navigation (water), Passenger vessels.
46 CFR Part 95
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 96
Cargo vessels, Marine safety, Navigation (water).
46 CFR Part 105
Cargo vessels, Fishing vessels, Hazardous materials transportation,
Marine safety, Petroleum, Seamen.
46 CFR Part 107
Marine safety, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 108
Fire prevention, Marine safety, Occupational safety and health, Oil
and gas exploration, Vessels.
46 CFR Part 109
Marine safety, Occupational safety and health, Oil and gas
exploration, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 115
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 116
Fire prevention, Incorporation by reference, Marine safety,
Passenger vessels, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 118
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 132
Cargo vessels, Fire prevention, Marine safety, Reporting and
recordkeeping requirements.
[[Page 33044]]
46 CFR Part 147
Hazardous materials transportation, Incorporation by reference,
Labeling, Marine safety, Packaging and containers, Reporting and
recordkeeping requirements.
46 CFR Part 159
Business and industry, Laboratories, Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 160
Incorporation by reference, Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 161
Fire prevention, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 162
Fire prevention, Incorporation by reference, Marine safety, Oil
pollution, Reporting and recordkeeping requirements.
46 CFR Part 163
Marine safety.
46 CFR Part 164
Fire prevention, Incorporaton by reference, Marine safety,
Reporting and recordkeeping requirements.
46 CFR Part 167
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.
46 CFR Part 169
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Vessels.
46 CFR Part 181
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 195
Marine safety, Navigation (water), Oceanographic research vessels.
46 CFR Part 199
Cargo vessels, Marine safety, Oil and gas exploration, Passenger
vessels, Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 149 and 46 CFR parts 2, 31, 32, 34, 35,
39, 56, 76, 77, 95, 96, 105, 107, 108, 109, 115, 116, 118, 132, 147,
159, 160, 161, 162, 163, 164, 167, 169, 181, 195, and 199 as follows:
Title 33--Navigation and Navigable Waters
PART 149--DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT
0
1. The authority citation for part 149 is revised to read as follows:
0
Authority: 33 U.S.C. 1504, 1509; DHS Delegation No. 00170.1, Revision
No. 01.3, paragraph (II)(75).
0
2. Amend Sec. 149.410 by revising the section heading and introductory
text to read as follows:
Sec. 149.410 Location and number of fire extinguishers required for
manned deepwater ports constructed prior to August 22, 2016.
Manned deepwater ports constructed before August 22, 2016, must
meet the following requirements:
* * * * *
Title 46--Shipping
PART 2--VESSEL INSPECTIONS
0
3. The authority citation for part 2 is revised to read as follows:
Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103, 2110,
3306, 3316, 3703, 70034; DHS Delegation No. 00170.1, Revision No.
01.3, paragraphs (II)(70), (77), (90), (92); E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277, sec. 1-105.
0
4. Revise Sec. 2.75-10(b) to read as follows:
Sec. 2.75-10 Procedures for obtaining approvals.
* * * * *
(b) Unless otherwise specified, correspondence concerning approvals
should be submitted electronically to [email protected]. When
plans, drawings, test data, etc., are required to be submitted by the
manufacturer, the material being transmitted with the application
should be clearly identified.
(c) If the manufacturer requests that hard copy stamped plans be
returned to them, or if product samples must be submitted, the plans or
samples must be addressed to the Commandant (CG-ENG), Attn: Office of
Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. When
submitted, hard copy plans must be accompanied by electronic drawings
or must be submitted in triplicate.
PART 31--INSPECTION AND CERTIFICATION
0
5. The authority citation for part 31 is revised to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307,
3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351;
DHS Delegation No. 00170.1, Revision No. 01.3, paragraph (II)(73),
(92). Section 31.10-21 also issued under the authority of Sect.
4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 31.10-18 [Amended]
0
6. In Sec. 31.10-18 paragraph (c), after the text, ``manufacturer'',
add the text ``, or its authorized representative, or an independent
laboratory accepted for this purpose by the Coast Guard,''.
PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS
0
7. The authority citation for part 32 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation No. 00170.1,
Revision No. 01.3, paragraph (II)(92); Subpart 32.59 also issued
under the authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 32.90-1 [Amended]
0
8. Amend Sec. 32.90-1 by removing paragraph (h).
PART 34--FIRE FIGHTING EQUIPMENT
0
9. The authority citation for part 34 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).
Sec. 34.10-90 [Amended]
0
10. Amend Sec. 34.10-90(a)(3) by:
0
a. Adding a comma after the text, ``20 gross tons or under''; and
0
b. Removing the text ``B-II'', and adding, in its place, the text,
``40-B''.
0
11. In Sec. 34.50-10, in the table in paragraph (h), revise the second
entry under ``Service Areas'' to read as follows:
Sec. 34.50-10 Location, number, and installation of fire
extinguishers--TB/ALL.
* * * * *
(h) * * *
[[Page 33045]]
Table 34.50-10(a)--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
Tank ships Tank barges
-------------------------------------------------- ----------------------------------------
Minimum Area Minimum
Quantity and location required required Quantity and location
rating rating
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Service Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1 required for each 2,500 sq ft 40-B Stores areas, .............. None required.
or fraction thereof. including paint and
lamp rooms.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PART 35--OPERATIONS
0
12. The authority citation for part 35 is revised to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101,
70011, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation
No. 00170.1, Revision No. 01.3, paragraph (II)(70), (73), (92).
Sec. 35.30-20 [Amended]
0
13. In Sec. 35.30-20(c)(1), remove the text ``the Mine Safety and
Health Administration (MSHA) and by''.
PART 39--VAPOR CONTROL SYSTEMS
0
14. The authority citation for part 39 is revised to read as follows:
Authority: 42 U.S.C. 7511b(f)(2); 46 U.S.C. 3306, 3703, 3715(b),
70011, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
DHS Delegation No. 00170.1, Revision No. 01.3, paragraph (II)(70),
(92).
0
15. Amend Sec. 39.1005 as follows:
0
a. Revise paragraph (a);
0
b. Redesignate paragraphs (g) through (i) as paragraphs (h) through
(j);
0
c. Add new paragraph (g).
The revisions and additions read as follows:
Sec. 39.1005 Incorporation by reference -TB/ALL.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
and at the National Archives and Records Administration (NARA). Contact
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
(g) International Organization for Standardization (ISO), ISO
Central Secretariat Chemin de Blandonnet 8. CP 401--1214 Vernier,
Geneva, Switzerland, telephone 41 22 749 01 11, https://www.iso.org/contact-iso.html.
(1) ISO 15364:2021(E), Ships and Marine Technology--Pressure-vacuum
valves for cargo tanks and devices to prevent the passage of flame into
cargo tanks, Fourth Edition (February 2021) (``ISO 15364''), IBR
approved for Sec. 39.2011(b).
(2) [Reserved]
* * * * *
0
16. Revise Sec. 39.2011(b)(1) to read as follows:
Sec. 39.2011 Vapor overpressure and vacuum protection--TB/ALL
* * * * *
(b) * * *
(1) Be type approved under 46 CFR 162.017, for the pressure and
vacuum relief setting desired. Pressure-vacuum relief valves that meet
the requirements of ISO 15364 (incorporated by reference, see Sec.
39.1005) or equivalent standards acceptable to the flag state are
acceptable for installation on foreign-flagged vessels and do not
require type approval;
* * * * *
PART 56--PIPING SYSTEMS AND APPURTENANCES
0
17. The authority citation for part 56 is revised to read as follows:
Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C.
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation No.
00170.1, Revision No. 01.3, paragraph (II)(73), (75), (90), (92).
Sec. 56.60-25 [Amended]
0
18. In Sec. 56.60-25(a)(4), remove the sentence ``Pipe that is to be
used for potable water must bear the appropriate certification mark of
a nationally recognized, ANSI-accredited third-party certification
laboratory.''.
PART 76--FIRE PROTECTION EQUIPMENT
0
19. The authority citation for part 76 is revised to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).
0
20. In Sec. 76.50-10, in the table in paragraph (b), revise the first
entry under ``Safety Area'', Note 4 to Table 76.50-10(a), and Note 7 to
Table 76.50-10(a) to read as follows:
Sec. 76.50-10 Location.
* * * * *
[[Page 33046]]
Table 76.50-10(a)--Carriage of Portable and Semi-Portable Fire
Extinguishers
------------------------------------------------------------------------
Fire extinguishing
-------------------------------------------
Space Minimum required Quantity and
rating location
------------------------------------------------------------------------
Safety Area \1\
------------------------------------------------------------------------
Wheelhouse or fire control 2-A, 20-B:C......... 1 of each rating
room. required for
vessels over 1,000
GT. Only 1
extinguisher is
required if it
carries both 2-A
and 20-B:C ratings.
* * * * * * *
------------------------------------------------------------------------
* * * * *
\4\ Vessels of less than 1,000 GT and not on an international
voyage may substitute one 120-B for one 160-B.
* * * * *
\7\ Two 10-B units may be substituted for one 40-B unit.
* * * * *
PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
0
21. The authority citation for part 77 is revised to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).
Sec. 77.35-5 [Amended]
0
22. In Sec. 77.35-5 (b), remove the text ``the Mine Safety and Health
Administration (MSHA) and''.
Sec. 77.40-1 [Amended]
0
23. Amend Sec. 77.40-1 by removing paragraph (h).
PART 95--FIRE PROTECTION EQUIPMENT
0
24. The authority citation for part 95 is revised to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).
Sec. 95.50-10 [Amended]
0
25. In Sec. 95.50-10, at Note 4 to Table 95.50-10(a), remove the text
``160-B.'' and add, in its place, the text ``120-B.''
PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
0
26. The authority citation for part 96 is revised to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).
Sec. 96.35-5 [Amended]
0
27. In Sec. 96.35-5(b), remove the text ``the Mine Safety and Health
Administration (MSHA) and by''.
Sec. 96.40-1 [Amended]
0
28. Amend Sec. 96.40-1 by removing paragraph (h).
PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS
0
29. The authority citation for part 105 is revised to read as follows:
Authority: 6 U.S.C. 468(b); 33 U.S.C. 1321(j); 46 U.S.C. 2103,
3306, 3703, 4502; E.O. 12777, sec. 2(d)(2) and (f), 56 FR 54757, 3
CFR, 1991 Comp., p. 351; DHS Delegation No. 00170.1, Revision No.
01.3, paragraphs (II)(73), (80), (92).
0
30. Revise Sec. 105.14(a) to read as follows:
Sec. 105.14 Fire Extinguishing Equipment.
(a) In addition to the extinguishers in Sec. 28.160, Table 28.160,
each vessel must carry at least two 40-B fire extinguishers that are
approved under Sec. 162.028 or Sec. 162.039 of this chapter and must
be located at or near the dispensing area. Extinguishers with larger
numerical ratings or multiple letter designations may be used to meet
this requirement. This equipment must be examined before issuing a
letter of compliance.
* * * * *
PART 107--INSPECTION AND CERTIFICATION
0
31. The authority citation for part 107 is revised to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307, 3316; DHS
Delegation No. 00170.1, Revision No. 01.3, paragraph (II)(90), (92);
Sec. 107.05 also issued under the authority of 44 U.S.C. 3507.
Sec. 107.235 [Amended]
0
32. In Sec. 107.235(b)(4), remove the word, ``liquid'' and add, in its
place, the word, ``concentrate'', and, after the text,
``representative'', add the text ``, or an independent laboratory
accepted for the purpose by the Coast Guard''.
PART 108--DESIGN AND EQUIPMENT
0
33. The authority citation for part 108 is revised to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; DHS Delegation
No. 00170.1, Revision No. 01.3, paragraph (II)(90), (92).
0
34. Revise Sec. 108.103 to read as follows:
Sec. 108.103 Equipment not required on a unit.
(a) Each item of lifesaving and firefighting equipment carried on
board the unit in addition to equipment of the type required under this
subchapter, must--
(1) Be approved; or
(2) Be acceptable to the cognizant OCMI, for use on the unit.
(b) Use of non-approved fire detection systems may be acceptable as
excess equipment, provided that--
(1) Components are listed and labeled by an independent, nationally
recognized testing laboratory as set forth in 29 CFR 1910.7, and are
designed, installed, tested, and maintained in accordance with an
appropriate industry standard and the manufacturer's specific guidance;
(2) Installation conforms to the requirements of 46 CFR chapter I,
subchapter J (Electrical Engineering), including the hazardous location
electrical installation regulations in 46 CFR 111.105; and
(3) Coast Guard plan review is completed for wiring plans.
0
35. Revise Sec. 108.489(a)(3) to read as follows:
Sec. 108.489 Helicopter fueling facilities.
(a) * * *
(3) A 160-B fire extinguisher approved under Sec. 162.028 or Sec.
162.039 of this chapter for each fueling facility up to 300 square feet
(27.87 square meters). Extinguishers with larger numerical ratings or
multiple letter
[[Page 33047]]
designations may be used to meet this requirement.
* * * * *
0
36. In Sec. 108.495, in the table, revise the fourth entry under
``Service Spaces'' and the first entry under ``Auxiliary Spaces'' to
read as follows:
Table 108.495--Carriage of Portable Fire Extinguishers
----------------------------------------------------------------------------------------------------------------
Space Minimum required rating Quantity and location
----------------------------------------------------------------------------------------------------------------
Safety Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Accommodations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Service Spaces
----------------------------------------------------------------------------------------------------------------
* * * * * * *
* * * * * * *
* * * * * * *
Workshop and similar spaces.............. 20-B:C............................. 1 outside each space in the
vicinity of the exit.
----------------------------------------------------------------------------------------------------------------
Machinery Spaces
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Auxiliary Spaces
----------------------------------------------------------------------------------------------------------------
Internal combustion engines or gas 40-B............................... 1 outside the space containing
turbine. engines or turbines in the
vicinity of the exit.
* * * * * * *
* * * * * * *
* * * * * * *
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Miscellaneous Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Spare Units
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 108.497 [Amended]
0
37. In Sec. 108.497(a), remove the text, ``the Mine Safety and Health
Administration (MSHA) and by''.
Sec. 108.570 [Amended]
0
38. In Sec. 108.570(c)(3), remove the word ``must'' and add, in its
place, the word ``may''.
Sec. 108.719 [Amended]
0
39. Amend Sec. 108.719 by removing paragraph (h).
PART 109--OPERATIONS
0
40. The authority citation for part 109 is revised to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104; DHS
Delegation 00170.1, Revision No. 01.3, paragraph (II)(90), (92).
0
41. Revise Sec. 109.301(j) to read as follows:
Sec. 109.301 Operational readiness, maintenance, and inspection of
lifesaving equipment.
* * * * *
(j) Maintenance of falls. Each fall used in a launching appliance
must be inspected annually with special regard for areas passing
through sheaves and must be renewed when necessary due to deterioration
or at intervals of not more than 5 years, whichever is earlier.
* * * * *
PART 115--INSPECTION AND CERTIFICATION
0
42. The authority citation for part 115 is revised to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
[[Page 33048]]
Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.3, paragraph
(II)(73), (92).
Sec. 115.810 [Amended]
0
43. In Sec. 115.810(b)(1), remove the text, ``Chapter 4 of''.
PART 116--CONSTRUCTION AND ARRANGEMENT
0
44. The authority citation for part 116 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277, DHS Delegation 00170.1, Revision No. 01.3,
paragraph (II)(92).
0
45. Revise Sec. 116.400(c) to read as follows:
Sec. 116.400 Application
* * * * *
(c) Vessels meeting the structural fire protection requirements of
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11 (incorporated by
reference, see Sec. 114.600), when combined with the requirements in
Sec. 72.05-20 of subchapter H of this chapter, may be considered
equivalent to the provisions of this subpart.
* * * * *
0
46. Revise Sec. 116.405(f) to read as follows:
Sec. 116.405 General arrangement and outfitting.
* * * * *
(f) Nonmetallic piping in concealed spaces. The use of nonmetallic
(plastic) pipe within a concealed space in a control space,
accommodation space, or service space is permitted in nonvital service
only if the piping material has been approved under Sec. 164.141 of
this chapter and meets both low flame spread rating and toxicity
requirements.
* * * * *
PART 118--FIRE PROTECTION EQUIPMENT
0
47. The authority citation for part 118 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.3,
paragraph (II)(92).
Sec. 118.500 [Amended]
0
48. Amend Sec. 118.500 by:
0
a. In paragraph (c), removing the text ``10'' and adding, in its place,
the text ``5''; and
0
b. In paragraph (d), removing the text ``(c)'' and adding, in its
place, the text ``(b)''.
PART 132--FIRE PROTECTION EQUIPMENT
0
49. The authority citation for part 132 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3307; sec. 617, Pub. L. 111-281, 124
Stat. 2905; DHS Delegation 00170.1, Revision No. 01.3, paragraph
(II)(92).
Sec. 132.365 [Amended]
0
50. In paragraph (b)(1), remove the text ``the Mine Safety and Health
Administration and by''.
PART 147--HAZARDOUS SHIPS STORES
0
51. The authority citation for part 147 is revised to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.3, paragraph
(II)(92).
0
52. Revise Sec. 147.66(a) and (c) to read as follows:
Sec. 147.66 Inert gas fire extinguishing systems.
(a) Inert gas cylinders forming part of a clean agent fixed fire
extinguishing system must be retested every 12 years.
* * * * *
(c) Flexible connections between cylinders and discharge piping for
fixed inert gas fire extinguishing systems must be renewed or retested
in accordance with section 7.3 of NFPA 2001 (incorporated by reference,
see Sec. 147.7), except that this renewal or retesting must occur when
the cylinders are retested.
PART 159--APPROVAL OF EQUIPMENT AND MATERIALS
0
53. The authority citation for part 159 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703; DHS Delegation 00170.1,
Revision No. 01.3, paragraph (II)(92); Section 159.001-9 also issued
under the authority of 44 U.S.C. 3507.
0
54. Revise Sec. 159.001-5 to read as follows:
Sec. 159.001-5 Correspondence and applications.
(a) Unless otherwise specified, all correspondence and applications
in connection with approval and testing of equipment and materials
should be submitted electronically to [email protected]. When
plans, drawings, test data, etc., are required to be submitted by the
manufacturer, the material being transmitted with the application
should be clearly identified.
(b) If the manufacturer desires hard copy stamped plans be returned
to them, or if product samples must be submitted, the plans or samples
must be addressed to: Commandant (CG-ENG), Attn: Office of Design &
Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther
King Jr. Avenue SE, Washington, DC 20593-7509. When submitted, hard
copy plans must be accompanied by electronic drawings or must be
submitted in triplicate.
PART 160--LIFESAVING EQUIPMENT
0
55. The authority citation for part 160 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703,4302; E.O. 12234; 45 FR
58801; 3 CFR, 1980 Comp., p. 277; and DHS Delegation 00170.1,
Revision No. 01.3, paragraph (II)(92).
0
56. Revise Sec. 160.115-7(b)(6)(vi) introductory text and
(b)(6)(vi)(A) to read as follows:
Sec. 160.115-7 Design, construction, and performance of winches.
* * * * *
(b) * * *
(6) * * *
(vi) Limit switches must be provided to limit the travel of the
davit arms as they approach the final stowed position and prevent
overstressing the falls or davits. These switches must--
(A) Be arranged so that the activation of any limit switch will
stop the travel of all of the davit arms;
* * * * *
Sec. Sec. 160.115-9, 160.115-13, 160.132-9, 160.132-13, and 160.133-
9 [Amended]
0
57. In Sec. Sec. 160.115-9(b), 160.115-13(g)(2), 160.132-9(b),
160.132-13(g)(2), and 160.133-9(b), remove all instances of the words,
``in triplicate''.
Sec. 160.133-13 [Amended]
0
58. In Sec. 160.133-13(g)(2), remove the text, ``, in triplicate''.
0
59. Add Sec. 160.135-5(d)(7) to read as follows:
Sec. 160.135-5 Incorporation by reference.
* * * * *
(d) * * *
(7) MSC/Circular 1006, Guidelines On Fire Test Procedures For
Acceptance Of Fire-Retardant Materials For The Construction Of
Lifeboats, (June 18, 2001), IBR approved for Sec. 160.135-7(b) (``IMO
MSC Circ. 1006'').
* * * * *
Sec. 160.135-7 [Amended]
0
60. In Sec. 160.135-7(b)(3)(iv)(A), remove the text, ``and accepted by
the Commandant in accordance with 46 CFR part 164, subpart 164.120''
and add, in its place, the text, ``according to IMO MSC Circ. 1006
(incorporated by reference, see Sec. 160.135-5)''.
[[Page 33049]]
Sec. 160.135-9 [Amended]
0
61. In Sec. 160.135-9(b), remove the words ``in triplicate''.
Sec. 160.135-13 [Amended]
0
62. In Sec. 160.135-13(g)(2), remove the text ``, in triplicate''.
0
63. Add Sec. 160.156-5(d)(7) to read as follows:
Sec. 160.156-5 Incorporation by reference.
* * * * *
(d) * * *
(7) MSC/Circular 1006, Guidelines On Fire Test Procedures For
Acceptance Of Fire-Retardant Materials For The Construction Of
Lifeboats (June 18, 2001) (``IMO MSC Circ. 1006''), IBR approved for
Sec. 160.156-7.
* * * * *
Sec. 160.156-7 [Amended]
0
64. In Sec. 160.156-7(b)(3)(iv)(A), remove the text, ``and accepted by
the Commandant in accordance with 46 CFR part 164, subpart 164.120'',
and add, in its place, the text, ``according to IMO MSC Circ. 1006
(incorporated by reference, see Sec. 160.156-7).''.
Sec. 160.156-9 [Amended]
0
65. In Sec. 160.156-9(b), remove the words, ``in triplicate''.
Sec. 160.156-13 [Amended]
0
66. In Sec. 160.156-13(g)(2), remove the text, ``, in triplicate''.
Sec. 160.170-9 [Amended]
0
67. In Sec. 160.170-9(b), remove words, ``in triplicate''.
Sec. 160.170-13 [Amended]
0
68. In Sec. 160.170-13(g)(2), remove text, ``, in triplicate,''.
0
69. Revise Sec. 160.171-3 to read as follows:
Sec. 160.171-3 Incorporation by reference.
(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
Headquarters and at the National Archives and Records Administration
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC
20593-7509; email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this
material at NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations.html or email: [email protected]. The material may be
obtained from the sources in the following paragraphs of this section.
(b) ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA 19428-2959; phone: +1 610 832 9500; email:
[email protected]; web: https://www.astm.org.
(1) ASTM B117-97, Standard Practice for Operating Salt Spray (Fog)
Apparatus (``ASTM B117''); Sec. 160.171-17(k).
(2) ASTM C177-85 (1993), Standard Test Method for Steady-State Heat
Flux Measurements and Thermal Transmission Properties by Means of the
Guarded-Hot-Plate Apparatus (``ASTM C177''); Sec. 160.171-17(e).
(3) ASTM C518-91, Standard Test Method for Steady-State Heat Flux
Measurements and Thermal Transmission Properties by Means of the Heat
Flow Meter Apparatus (``ASTM C518''); Sec. 160.171-17(e).
(4) ASTM D975-14, Standard Specification for Diesel Fuel Oils
(``ASTM D975''); Sec. 160.171-17(p).
(5) ASTM D1004-94a, Standard Test Method for Initial Tear
Resistance of Plastic Film and Sheeting (``ASTM D1004''); Sec.
160.171-17(n).
(c) General Services Administration (GSA). email:
[email protected]; web: https://fedspecs.gsa.gov/s/federal-specifications.
(1) Federal Test Method Standard No. 191 dated July 20, 1978,
Method 5304.1, Abrasion Resistance of Cloth, Oscillatory Cylinder
(Wyzenbeek) Method, dated July 9, 1971 (``Federal Test Method Standard
191, Method 5304.1''); Sec. 160.171-17(o).
(2) Federal Standard No. 751a, Stitches, Seams, and Stitchings,
dated January 25, 1965 (``Federal Standard No. 751''); Sec. 160.171-
9(c).
(d) National Institution of Standards and Technology (NIST)
(formerly National Bureau of Standards). U.S. Department of Commerce,
National Institution of Standards and Technology, 100 Bureau Drive,
Gaithersburg, MD 20899; phone: (301) 975-2000; web: https://www.nist.gov.
(1) National Bureau of Standards Special Publication 440--Color,
Universal Language and Dictionary of Names; December 1976 (https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf)
(``National Bureau of Standards Publication 440''); Sec. 160.171-9(h).
(2) [Reserved]
(e) Underwriters Laboratories (UL). 1850 M. St. NW, Suite 1000,
Washington, DC, District of Columbia, 20036-5833; phone: (202)
296.7840; fax: (202) 872.1576; web: https://www.ul.com.
(1) UL 1191, First Edition (Standard for Components for Personal
Flotation Devices), as revised March 29, 1977; Sec. 160.171-17(h).
(2) [Reserved]
0
70. Revise Sec. 160.174-3 to read as follows:
Sec. 160.174-3 Incorporation by reference.
Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
Headquarters and at the National Archives and Records Administration
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC
20593-7509; email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this
material at NARA, email: [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html. The material
may be obtained from the sources in the following paragraphs of this
section. Error! Hyperlink reference not valid.
(a) ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA 19428-2959; phone: +1 610 832 9500; email:
[email protected]; web: https://www.astm.org.
(1) ASTM C177-85 (1993), Standard Test Method for Steady-State Heat
Flux Measurements and Thermal Transmission Properties by Means of the
Guarded-Hot-Plate Apparatus (``ASTM C 177''); Sec. 160.174-17(f) and
(g).
(2) ASTM C518-91, Standard Test Method for Steady-State Heat Flux
Measurements and Thermal Transmission Properties by Means of the Heat
Flow Meter Apparatus (``ASTM C 518''); Sec. 160.174-17(f) and (g).
(3) ASTM D975-14, Standard Specification for Diesel Fuel Oils
(``ASTM D 975''); Sec. 160.174-17(g).
(4) ASTM D1004-94a, Standard Test Method for Initial Tear
Resistance of Plastic Film and Sheeting (``ASTM D 1004''); Sec.
160.171-47(i).
(5) ASTM D1518-85 (1990), Standard Test Method for Thermal
Transmittance of Textile Materials (``ASTM D 1518''); 160.174-17(f).
(b) General Services Administration (GSA). email:
[email protected]; web: https://fedspecs.gsa.gov/s/federal-specifications.
(1) Federal Standard No. 751a, Stitches, Seams, and Stitchings,
dated
[[Page 33050]]
January 25, 1965 (``Federal Standard No. 751''); Sec. 160.174-9(b).
(2) [Reserved]
(c) National Institution of Standards and Technology (NIST)
(formerly National Bureau of Standards). U.S. Department of Commerce,
National Institution of Standards and Technology, 100 Bureau Drive,
Gaithersburg, MD 20899; phone: (301) 975-2000; web: https://www.nist.gov.
(1) National Bureau of Standards Special Publication 440--Color,
Universal Language and Dictionary of Names (``National Bureau of
Standards Publication 440''); December 1976 (https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf); Sec. 160.174-9(f).
(2) [Reserved]
PART 161--Electrical Equipment.
0
71. The authority citation for part 161 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).
PART 161--ELECTRICAL EQUIPMENT
0
72. Revise the section heading to Sec. 161.002-18 and paragraph (a) to
read as follows:
Sec. 161.002-18 System method of applications for equipment approval.
(a) The manufacturer must submit the following material to the
Commandant (CG-ENG), according to Sec. 159.001-5:
(1) A formal written request that the system be reviewed for
approval.
(2) The system's instruction manual, including information
concerning installation, maintenance, limitations, programming,
operation, and troubleshooting.
(3) Proof of listing the system devices meeting the requirements of
Sec. 161.002-6(a).
(4) The complete test report(s) meeting the requirements of Sec.
161.002-6 generated by an independent laboratory accepted by the
Commandant under part 159 of this chapter or an NRTL as set forth in 29
CFR 1910.7. A current list of Coast Guard-accepted laboratories may be
obtained from the following website: https://cgmix.uscg.mil/eqlabs/.
(5) A list prepared by the manufacturer that contains the name,
model number, and function of each major component and accessory, such
as the main control cabinet, remote annunciator cabinet, detector, zone
card, isolator, central processing unit, zener barrier, special purpose
module, or power supply. This list must be identified by the following
information assigned by the manufacturer:
(i) A document number;
(ii) A revision number (the original submission being revision
number 0); and
(iii) The date that the manufacturer created or revised the list.
* * * * *
0
73. Revise the section heading to Sec. 161.002-19 and paragraphs (a)
and (b) to read as follows:
Sec. 161.002-19 Device method of application for equipment approval.
(a) The manufacturer must submit the following material to the
Commandant (CG-ENG) according to Sec. 159.001-5:
(1) A formal written request that the device be reviewed for
approval;
(2) The device's instruction manual, including information
concerning installation, maintenance, limitations, programming,
operation, and troubleshooting;
(3) Proof of listing the device meeting the requirements of Sec.
161.002-6(a); and
(4) The complete test report(s) meeting the requirements of Sec.
161.002-6 generated by an independent laboratory accepted by the
Commandant under part 159 of this chapter or an NRTL as set forth in 29
CFR 1910.7. A current list of Coast Guard accepted laboratories may be
obtained from the following website: https://cgmix.uscg.mil/eqlabs/.
(b) To apply for a revision, the manufacturer must submit--
(1) A written request under paragraph (a) of this section;
(2) Updated documentation under paragraph (a)(2) of this section;
(3) Proof of listing the device meeting the requirements of Sec.
161.002-6(a); and
(4) A report by an independent laboratory accepted by the
Commandant under part 159 of this chapter or an NRTL as set forth in 29
CFR 1910.7 is required to document compliance with Sec. 161.002-6.
* * * * *
Sec. 161.011-1 [Amended]
0
74. In Sec. 161.011-1, remove the word ``approval'' and add, in its
place, the word ``acceptance''.
0
75. Revise Sec. 161.011-5 to read as follows:
Sec. 161.011-5 Types.
EPIRBs are typed as follows:
(a) Category 1--EPIRBs are capable of floating free of a vessel and
activating automatically if the vessel sinks.
(b) Category 2--EPIRBs are manually removed from the mounting
bracket and activated.
0
76. Revise Sec. 161.011-10 to read as follows.
Sec. 161.011-10 EPIRB acceptance.
(a) The Coast Guard reviews test reports from an accepted
independent laboratory for EPIRBs accepted in Sec. 161.011-5 of this
subpart.
(b) An application for acceptance or type acceptance of an EPIRB
should be submitted to the Coast Guard before the FCC in accordance
with title 47 of the Code of Federal Regulations (CFR), part 1061. When
requested by the FCC, the Coast Guard reviews the test results in the
application that concern installation and operation of the EPIRB. The
Coast Guard provides the results of the review to the manufacturer, and
to the FCC for its use in acting upon the application.
0
77. Amend Sec. 161.012-5 by:
0
a. Revising paragraph (a); and
0
b. In paragraph (b), removing the words ``Two copies of plans'' and
adding, in their place, the word ``Plans''.
The revision reads as follows:
Sec. 161.012-5 Approval procedures.
(a) An application for approval of a PFD light under this subpart
must be submitted to the Commandant (CG-ENG) according to Sec.
159.001-5.
* * * * *
0
78. Revise 161.013-11(c)(1) to read as follows:
Sec. 161.013-11 Prototype test.
* * * * *
(c) * * *
(1) Forward the test results within 30 days to the Commandant (CG-
ENG) according to Sec. 159.005-1; and
* * * * *
0
79. Revise Sec. 161.013-17 to read as follows:
Sec. 161.013-17 Manufacturer notification.
Each manufacturer certifying lights in accordance with the
specifications of this subpart must send written notice to the
Commandant (CG-ENG) according to Sec. 159.005-1 within 30 days after
first certifying the lights, and send a new notice every 5 years
thereafter as long as it certifies lights.
PART 162--ENGINEERING EQUIPMENT
0
80. The authority citation for part 162 is revised to read as follows:
Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104,
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation
00170.1, Revision No. 01.3, paragraph (II)(73), (92).
0
81. Add Sec. 162.017-0 to read as follows:
[[Page 33051]]
Sec. 162.017-0 Preemptive effect.
The regulations in this part have preemptive effect over State or
local regulations in the same field.
0
82. Revise Sec. 162.017-1 to read as follows:
Sec. 162.017-1 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
and at the National Archives and Records Administration (NARA). Contact
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the source(s)
in the following paragraph(s) of this section.
(b) International Organization for Standardization (ISO), ISO
Central Secretariat Chemin de Blandonnet 8. CP 401--1214 Vernier,
Geneva, Switzerland, telephone 41 22 749 01 11, https://www.iso.org/contact-iso.html.
(1) ISO 15364:2021(E), Ships and Marine Technology--Pressure-vacuum
valves for cargo tanks and devices to prevent the passage of flame into
cargo tanks, Fourth Edition (February 2021) (``ISO 15364''), IBR
approved for Sec. 162.017-3(r).
(2) [Reserved]
Sec. 162.017-2 [Amended]
0
83. In Sec. 162.017-2, remove the word, ``inflammable'', and add, it
its place, the word, ``flammable''.
0
84. Revise Sec. 162.017-3(g), (n) and (r) to read as follows:
Sec. 162.017-3 Materials, construction, and workmanship.
* * * * *
(g) The design and construction of the valves must permit
maintenance without removal from the line.
* * * * *
(n) Double flame screens of 20 x 20 corrosion-resistant wire mesh
with a \1/2\-inch corrosion-resistant separator, or a single screen of
30 x 30 corrosion-resistant wire mesh, shall be fitted on all openings
to atmosphere. The net free area through the flame screens shall not be
less than 1\1/2\ times the cross-sectional area of the vent inlet from
the cargo tanks.
* * * * *
(r) Pressure-vacuum relief valves constructed in accordance with
ISO 15364 (incorporated by reference; see Sec. 162.017-1) meet the
requirements of this subpart, and are eligible to receive approval by
submitting an application in accordance with Sec. 162.017-6.
0
85. Amend Sec. 162.017-6 by:
0
a. Revising paragraph (a);
0
b. In paragraph (b), removing the words ``in quadruplicate''; and
0
c. In paragraph (c), removing the text ``, by the Underwriters'
Laboratories, the Factory Mutual Laboratories, or''.
The revision reads as follows.
Sec. 162.017-6 Procedure for approval.
(a) Applications for approval must be submitted to the Commanding
Officer, U.S. Coast Guard Marine Safety Center. Applications may be
submitted electronically, by mail or in-person. Mail or in-person
submissions may be delivered to U.S. Coast Guard Stop 7430, 2703 Martin
Luther King Jr. Avenue SE, Washington, DC 20593-7430. Information for
submitting applications electronically can be found at https://www.uscg.mil/HQ/MSC.
* * * * *
0
86. Revise Sec. 162.050-15(a) to read as follows:
Sec. 162.050-15 Designation of facilities.
(a) Each request for designation as a facility authorized to
perform approval tests must be submitted to the Commandant (CG-ENG)
according to Sec. 159.005-1.
* * * * *
0
87. Revise Sec. 162.060-40(b) to read as follows:
Sec. 162.060-40 Requirements for Independent Laboratories (ILs).
* * * * *
(b) Each request for designation as an independent laboratory
authorized under paragraph (a) of this section must be submitted to the
Commandant (CG-ENG) according to Sec. 159.005-1.
* * * * *
PART 163--CONSTRUCTION
0
88. The authority citation for part 163 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).
Subpart 163.002 [Removed and Reserved]
0
89. Remove and reserve subpart 163.002, consisting of Sec. Sec.
163.002-1 through 163.002-27.
PART 164--MATERIALS
0
90. The authority citation for part 164 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).
0
91. Revise Sec. 164.009-9(a) to read as follows:
Sec. 164.009-9 Procedure for approval.
(a) An application for approval of a material under this subpart
must be submitted to the Commandant (CG-ENG) according to Sec.
159.005-1.
* * * * *
0
92. Amend Sec. 164.018-7 by:
0
a. Revise paragraph (a); and
0
b. In paragraph (b)(2), removing the words, ``Two copies of plans'' and
adding, in their place, the word ``Plans''.
The revision reads as follows:
Sec. 164.018-7 Approval procedures.
(a) An application for approval of retroreflective material must be
submitted to the Commandant (CG-ENG) according to Sec. 159.005-1.
* * * * *
Sec. 164.106-3 [Amended]
0
93. In Sec. 164.106-3(a), remove the text ``Part 6'' and add, in its
place, the text ``Part 5''.
Subpart 164.120 [Removed]
0
94. Remove subpart 164.120, consisting of Sec. Sec. 164.120-1 through
164.120-15.
Sec. 164.137-2 [Amended]
0
95. In Sec. 164.137-2, remove and reserve paragraph (b)(2).
0
96. Revise Sec. 164.137-3(a) to read as follows:
Sec. 164.137-3 Testing, marking, and inspection requirements.
(a) Windows submitted for type approval must be tested for fire
resistance under Annex 1, Part 3 of the FTP Code (incorporated by
reference, see Sec. 164.137-2). Windows must also meet the thermal
radiation test supplement to fire resistance, and hose stream test
supplement, as outlined in Appendix 1 of Part 3 of the FTP Code.
* * * * *
0
97. Amend 164.138-2 by:
0
a. Revising paragraph (a); and
0
b. Removing and reserving paragraph (b)(2).
[[Page 33052]]
The revision reads as follows:
Sec. 164.138-2 Incorporation by reference.
(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
and at the National Archives and Records Administration (NARA). Contact
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
0
98. Revise Sec. 164.138-3(a) to read as follows:
Sec. 164.138-3 Testing, marking, and inspection requirements.
(a) Fire stops (penetration seals) submitted for type approval must
be tested for fire resistance under Annex 1, Part 3 of the FTP Code
(incorporated by reference, see Sec. 164.138-2), including testing in
accordance with Part 3, Appendix 3 and Appendix 4.
* * * * *
0
99. Amend 164.139-2 by:
0
a. Revising paragraph (a); and
0
b. Removing and reserving paragraph (b)(2).
The revision reads as follows:
Sec. 164.139-2 Incorporation by reference.
(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
and at the National Archives and Records Administration (NARA). Contact
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
0
100. Revise Sec. 164.139-3(a) to read as follows:
Sec. 164.139-3 Testing, marking, and inspection requirements.
(a) Automatic fire dampers that are installed in A-class divisions
that are submitted for type approval must be tested for fire resistance
under Annex 1, Part 3 of the FTP Code (incorporated by reference, see
Sec. 164.139-2), including testing in accordance with Appendix 2.
* * * * *
PART 167--PUBLIC NAUTICAL SCHOOL SHIPS
0
101. The authority citation for part 167 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3307, 6101, 8105; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision
No. 01.3, paragraph (II)(92).
0
102. Revise Sec. 167.45-40 introductory text, and paragraphs (a), (d),
(e), and (f) to read as follows:
Sec. 167.45-40 Fire-fighting equipment on nautical school ships using
oil as fuel.
Steam-propelled nautical school ships burning oil for fuel shall be
fitted with the fire-fighting equipment of the following type and
quantity:
(a) In each boiler room and in each of the machinery spaces of a
nautical school ship propelled by steam, in which a part of the fuel-
oil installation is situated, two or more approved 40-B fire
extinguishers must be placed where accessible and ready for immediate
use. On a nautical school ship of 1,000 gross tons and under, only one
is required.
* * * * *
(d) On every steam propelled nautical school ship of over 1,000
gross tons having one boiler room there shall be provided one 160-B
fire extinguisher. If the nautical school ship has more than one boiler
room, an extinguisher of the above type shall be provided in each
boiler room. On every steam-propelled nautical school ship of 1,000
gross tons and under, a 120-B fire extinguisher may be used.
Extinguishers fitted shall be equipped with suitable hose and nozzles
on reels or other practicable means for easy access, and of sufficient
length to reach any part of the boiler room and spaces containing oil-
fuel pumping units.
(e) All nautical school ships propelled by internal-combustion
engines shall be equipped with the following fire extinguishers in the
machinery spaces:
(1) One 120-B fire extinguisher.
(2) One 40-B extinguisher for each 1,000 BHP of the main engines,
or fraction thereof. The total number of fire extinguishers carried
shall not be less than two and not more than six.
(3) When a donkey boiler fitted to burn oil as fuel is located in
the machinery space, there shall be a 160-B fire extinguisher installed
instead of the 120-B fire extinguisher.
(f) In this section, any reference to a fire extinguisher means
approved by the Coast Guard.
Sec. 167.45-60 [Amended]
0
103. In Sec. 167.45-60(a), remove the text ``the Mine Safety and
Health Administration (MSHA) and by''.
0
104. Revise Sec. 167.45-65 to read as follows:
Sec. 167.45-65 Portable fire extinguishers in accommodation spaces.
All nautical school ships shall be provided with such number of
good and efficient portable fire extinguishers approved by the Coast
Guard as follows:
(a) Nautical school ships less than 150 feet in length shall have
at least two 2-A fire extinguishers on each passenger deck.
(b) Nautical school ships 150 feet and over in length shall be
provided with at least one 2-A fire extinguisher for every 150 linear
feet of corridor length or fraction thereof in the spaces occupied by
passengers and crew.
(c) In all public spaces fire extinguishers shall be located not
more than 150 feet apart.
0
105. Amend Sec. 167.45-70 by:
0
a. Removing paragraphs (a), (b), and (c);
0
b. Redesignating paragraphs (d) and (e) as paragraphs (a) and (b),
respectively;
0
c. In new paragraph (b), removing the words ``in still'' and adding, in
their place, the words ``it is still in''; removing the words ``it the
cartridge'' and adding, in their place, the words ``if the cartridge'';
and removing the word ``gage'' and adding, in its place, the word
``gauge''; and
0
d. Adding paragraph (c) to read as follows:
Sec. 167.45-70 Portable fire extinguishers, general requirements.
* * * * *
(c) In addition to the required extinguishers in this part, each
vessel shall carry no less than 10 percent spare extinguishers or
charges for each size and variety of fire extinguisher, with a minimum
of one for each size and variety of extinguisher.
0
106. Add Sec. 167.45-71 to read as follows:
[[Page 33053]]
Sec. 167.45-71 Exemptions to the requirements of portable fire
extinguishers required for vessels constructed before August 22, 2016.
Vessels contracted for before August 22, 2016, must meet the
following requirements:
(a) Previously installed portable and semi-portable fire
extinguishers with extinguishing capacities smaller than what is
required in part 167 need not be replaced and may be continued in
service so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
(b) All new equipment and installations must meet the applicable
requirements in this part for new vessels.
Sec. 167.45-75 [Amended]
0
107. In Sec. 167.45-75, after the words ``approved by the Coast
Guard'', remove the words ``or the Navy''.
PART 169--SAILING SCHOOL VESSELS
0
108. The authority citation for part 169 is revised to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L.
103-206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 793; DHS Delegation 00170.1, Revision No. 01.3, paragraph
(II)(73), (92); Sec. 169.117 also issued under the authority of 44
U.S.C. 3507.
0
109. In Sec. 169.567, in the table in paragraph (a), revise the last
entry to read as follows:
Table 169.567(a)--Required Portable Fire Extinguishers
----------------------------------------------------------------------------------------------------------------
Portable fire extinguishers
Space ----------------------------------------------------------------------
Minimum required rating Quantity and location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
* * * * * * *
* * * * * * *
* * * * * * *
* * * * * * *
40-B:C............................. 10 percent of the required
number, rounded up.
----------------------------------------------------------------------------------------------------------------
0
110. Add Sec. 169.568 to read as follows:
Sec. 169.568 Exemptions to the requirements of portable fire
extinguishers required for vessels constructed before August 22, 2016.
Vessels contracted for before August 22, 2016, must meet the
following requirements:
(a) Previously installed portable and semi-portable fire
extinguishers with extinguishing capacities smaller than what is
required in this subpart need not be replaced and may be continued in
service so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
(b) All new equipment and installations must meet the applicable
requirements in this part for new vessels.
Sec. 169.717 [Amended]
0
111. InSec. 169.717(a)(1), remove the text ``the Mine Safety Health
Administration (MSHA) and by'' and remove the text ``by MSHA and
NIOSH''.
PART 181--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS
0
112. The authority citation for part 181 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.3,
paragraph (II)(92).
0
113. In Sec. 181.500, in the table in paragraph (b), revise the fourth
entry to read as follows:
Table 181.500(b)--Required Portable Fire Extinguishers
----------------------------------------------------------------------------------------------------------------
Portable fire extinguishers
Space ----------------------------------------------------------------------
Minimum required rating Quantity and location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
* * * * * * *
* * * * * * *
Accommodation Space...................... 2-A................................ 1 each for each 2,500 square
feet (232.3 square meters) or
fraction thereof.
* * * * * * *
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 33054]]
PART 195--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS
0
114. The authority citation for part 195 is revised to read as follows:
Authority: 46 U.S.C. 2113, 3306, 3307; 49 U.S.C. App. 1804; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation
00170.1, Revision No. 01.3, paragraph (II)(92).
Sec. 195.40-1 [Amended]
0
115. In Sec. 195.40-1 remove paragraph (h).
PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS
0
116. The authority citation for part 199 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat.
2439; DHS Delegation 00170.1, Revision No. 01.3, paragraph (II)(92).
0
117. Revise Sec. 199.190(j) to read as follows:
Sec. 199.190 Operational readiness, maintenance, and inspection of
lifesaving equipment.
* * * * *
(j) Maintenance of falls. Each fall used in a launching appliance
must--
(1) Be inspected annually with special regard for areas passing
though sheaves; and
(2) Be renewed when necessary due to deterioration or at intervals
of not more than 5 years, whichever is earlier.
* * * * *
Dated: April 14, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2023-08400 Filed 5-22-23; 8:45 am]
BILLING CODE 9110-04-P
