Marine Equipment on Board Vessels and Offshore Units or Facilities, 76676-76707 [2024-20380]
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations
III. Background
IV. Discussion of Comments
V. Discussion of the Final Rule and Changes
From NPRM
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
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.
Final rule.
AGENCY:
I. Abbreviations
ACTION:
ASTM ASTM International
CFR Code of Federal Regulations
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
FTP Code Fire Test Procedures Code
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 Maritime Safety Committee
MSHA Mine Safety and Health
Administration
NIOSH National Institute for Occupational
Safety and Health
NFPA National Fire Protection Association
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
§ Section
SME Subject matter expert
SOLAS International Convention for the
Safety of Life at Sea
UL Underwriters Laboratories, Inc.
U.S.C. United States Code
The Coast Guard is revising
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 these regulations with current
industry practice and provide more
transparent regulations for the regulated
industry. These revisions eliminate
outdated requirements, reduce
inspection and testing requirements,
and update standards incorporated by
reference. Additionally, these revisions
remove obsolete sections and align
conflicting sections with the
International Convention for the Safety
of Life at Sea.
DATES: This final rule is effective
October 18, 2024.
The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register beginning October 18, 2024.
The incorporation by reference of
certain other publications listed in the
rule was approved by the Director of the
Federal Register as of August 22, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0519 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
For
information about this document, call or
email Lieutenant Jeff Bors, Lifesaving
and Fire Safety Division (CG–ENG–4),
U.S. Coast Guard; telephone 571–610–
2849, email Jeffrey.S.Bors@uscg.mil.
SUPPLEMENTARY INFORMATION:
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FOR FURTHER INFORMATION CONTACT:
Table of Contents for Preamble
I. Abbreviations
II. Basis, Purpose, and Regulatory History
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II. Basis, Purpose, and Regulatory
History
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
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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. 01.4, 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 final
rule ensures the proper design,
construction, alteration, repair, and
operation of vessels subject to
inspection.
Under 46 U.S.C. 3703, the Secretary of
DHS 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.
The Coast Guard issued a notice of
proposed rulemaking (NPRM) on May
23, 2023, and solicited public comment
on the proposed rule during a comment
period of 62 days.1 The comment period
closed on July 24, 2023. The Coast
Guard received six comment
submissions, which are discussed later
in this document.
This final rule amends title 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 revisions in this final rule
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 final rule
removes numerous obsolete CFR
sections and updates other CFR sections
to bring them into compliance with the
International Convention for the Safety
of Life at Sea (SOLAS) and related
regulations.
III. 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
following goals: updating references to
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incorporated standards that have been
modified; clarifying language; providing
additional regulatory flexibility where
possible; minimizing the regulatory
burden on affected vessels; and
removing obsolete rules to ensure
marine equipment requirements are
current with emerging technology and
industry standards.
IV. Discussion of Comments
In response to the NPRM published
on May 23, 2023, we received six
written submissions during the
comment period. These written
submissions are available in the public
docket for this rulemaking, where
indicated under ADDRESSES, or at the
direct link: https://www.regulations.gov/
docket/USCG-2020-0519/comments.
The Coast Guard appreciates the
comments from the public, as these
insights continue to inform Coast Guard
actions and programs. We summarize
the comments and our responses in the
paragraphs that follow.
One commenter noted that the
proposed changes to 46 CFR 116.400(c)
would create an unintentional
application of subchapter H’s egress
requirements found in § 72.05–20 for all
subchapter K vessels that use SOLAS
Structural Fire Protection requirements
as equivalent. The intent of the
amendments to § 116.400 was to clarify
the egress requirements and not to
impose additional egress requirements.
All subchapter K vessels that use
SOLAS Structural Fire Protection
requirements as equivalent must comply
with the egress requirements for
stairtowers, stairways, ladders, and
elevators in § 116.438. In accordance
with § 116.438(a), those subchapter K
vessels that carry more than 600
passengers or with overnight
accommodations for more than 49
passengers must meet the egress
requirements in subchapter H for
stairtowers, stairways, ladders, and
elevators in § 72.05–20. In response to
this comment, in § 116.400(c) we
removed the direct reference to § 72.05–
20 from the proposed rule and added a
reference to § 116.438 in this final rule
so as not to apply § 72.05–20 to all
subchapter K vessels.
A commenter noted the rulemaking’s
intent to ‘‘align the regulations with the
current industry practice and provide
more transparent regulations for the
regulated industry’’ and suggested
revising and updating the regulations
for 46 CFR subchapter W. The
commenter offered a number of
suggestions to revise regulations for
Emergency Position Indicating Radio
Beacons (EPIRBs), distress signals,
lifebuoys, survival craft, line throwing
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appliances, and provide clarity to the
definitions of accommodation and
workstation. The updates to subchapter
W in this rule were specifically drafted
to align davit maintenance intervals
with SOLAS requirements, and not to
update regulations in subchapter W in
general. Therefore, this commenter’s
suggestions are outside the scope of this
rulemaking. We cannot make those
updates in this final rule; however, the
Coast Guard acknowledges that the
application of subchapter W to barges
that are not self-propelled is ambiguous
and is working to address it.
Additionally, as of July 2023, there is a
newly published Change 2 to Navigation
and Vessel Inspection Circular (NVIC)
02–81 2 that has exemptions for lifesaving requirements on integrated and
articulated tug and barge combinations.
We received a comment regarding
Coast Guard requirements for
nonmetallic (plastic) piping used in
various engineering systems for
different types of vessels. The comment
suggested that, because all nonmetallic
piping used in the building industry
essentially meets the same ASTM
International (ASTM) D1784 standard
requirements, piping that also meets
this standard should be acceptable for
use in vessel systems without more
requirements from the Coast Guard. The
intent of this rule on this particular
subject is to remove redundant fire
testing requirements for nonmetallic
piping, specifically for vessels under 46
CFR subchapter K. A proposal to newly
incorporate an industry standard on this
subject is beyond the scope of this
rulemaking, as piping requirements vary
between the regulations applicable to
specific vessel types. We note that
manufacturers and vessel designers may
submit specific material test results for
general approval by the Coast Guard, or
acceptance to an equivalent level of
safety to the CFR for a particular vessel
or project. As a result, the Coast Guard
made no changes from the proposed
rule in response to this comment.
We received a comment that
concurred with the proposed edits to 46
CFR 56.60–25(a)(4), but also
recommended that § 56.60–25(a)(7) be
modified to include other laboratory
accreditation bodies for potable water
piping. Specifically, the comment
recommended inclusion of accreditation
entities signatory to the International
Laboratory Accreditation Cooperation
Mutual Recognition Arrangement. The
2 U.S. Coast Guard NVIC 02–81 Ch-2, https://
www.dco.uscg.mil/Portals/9/DCO%20Documents/
5p/5ps/NVIC/1981/NVIC%2002-81%20Ch.2_
CG%20%Inspec%20Guidance20Integrated%
20and%20Articulated%20Tug%20&%
20Barges.pdf, accessed January 23, 2024.
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76677
Coast Guard’s proposed change to
remove repetitive wording was editorial
in nature. As the commenter’s
recommended modification of
acceptable accreditation entities is a
substantial change that was not
considered in the NPRM, we cannot
make that change in this final rule;
however, the recommendation may be
considered for a future rulemaking.
We also received a comment
regarding the carpet requirements for
vessels under subchapter K in 46 CFR
116.423. The comment stated that the
rugs and carpets requirements in
§ 116.423(a)(4) are applicable to all
spaces, not just rooms containing fire
resistant furnishings under § 116.423(a)
and suggests that the carpet
requirements should be its own
paragraph, not a subparagraph of
§ 116.423(a). The Coast Guard
acknowledges this comment. It is
outside the scope of this rulemaking
because this section was not part of the
changes proposed in the NPRM.
However, we will consider this revision
for inclusion in a future rulemaking. For
these reasons, we have made no changes
from the proposed rule in response to
this comment.
We received one comment on the
regulatory analysis (RA) related to the
affected population for the lifeboats
listed in table 2 of the NPRM. The
commenter expressed concern that the
table did not provide enough clarity to
determine if floating Outer Continental
Shelf (OCS) facilities were included. We
did not include floating OCS facilities in
our population of vessels carrying
lifeboats because the proposed change is
not applicable to floating OCS facilities.
We made the recommended changes to
reflect the affected population of vessels
carrying lifeboats by subchapter, and we
listed the affected population by
inspection subchapter, for vessels
carrying lifeboats, in table 7 of the RA
in this final rule.
V. Discussion of the Final Rule and
Changes From NPRM
In order to decrease likelihood of
introducing errors, to improve efficiency
during the publication process, and to
meet drafting and formatting
requirements for publication, we are
revising or revising and republishing
several sections and tables, as
appropriate. This final rule makes no
substantive changes from the NPRM; it
makes effective the following changes to
various subchapters in titles 33 and 46
of the CFR:
(1) Modifies equipment approval
submission requirements to allow for
materials to be submitted electronically
to typeapproval@uscg.mil, instead of the
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existing requirement of paper
submissions in triplicate;
(2) Removes obsolete regulations for
pilot hoists that are no longer allowed
on U.S.-flagged vessels;
(3) Allows vessel owners and
operators to use a third party to test the
properties and quality of their
firefighting foam;
(4) Revises the requirements for
pressure vacuum relief valves to align
with international consensus standards;
(5) Updates requirements for lifeboat
and rescue boat releasing mechanisms
on board mobile offshore drilling units
(MODUs) to allow for lifeboats that
serve as rescue boats to carry lifeboat
releasing mechanisms. We note that this
does not apply to OCS facilities as
incorrectly stated in the NPRM;
(6) Removes prescriptive design
requirements for lifeboat, rescue boat,
and liferaft winch limit switches and
aligns requirements with the Life-Saving
Appliances (LSA) Code;
(7) Removes a redundant flame-spread
testing requirement for nonmetallic
piping used in certain vessels;
(8) Revises 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) Changes 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 will change from at least once
every 5 or 10 years (depending on bottle
size) to once every 12 years;
(10) Removes 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) Revises 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) Removes the requirement for
Coast Guard approval of EPIRBs and
codifies 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) Adds 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) Makes editorial changes to clarify
language, correct typographical errors,
and delete repetitive words;
(15) Updates incorporations by
reference (IBRs), removes outdated IBRs,
and revises CFR citations to the correct
IBRs;
(16) Corrects errors in fire
extinguisher quantities and ratings from
a previous rulemaking; and
(17) Clarifies 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 changes, and
the subparts affected by this final rule.
Further explanation for each of these
categories can be found after the table.
TABLE 1—SUMMARY OF CHANGES AND CFR SUBPARTS AND SECTIONS AFFECTED
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Equipment involved or
type of change
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.
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.
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 Satellite-Aided
Tracking (SARSAT), and RTCM.
EPIRB ..................................
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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 subpart 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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TABLE 1—SUMMARY OF CHANGES AND CFR SUBPARTS AND SECTIONS AFFECTED—Continued
Equipment involved or
type of change
Changes
Equipment Deletion ..............
Deletes pilot hoist approval series, § 163.002 and associated references in various subchapters.
Fire Protection and Other
Conforming Amendments.
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 Concentrate 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 rescue boats 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.
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 .............
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.
CFR References and Changes to IBRs
This final rule deletes references to
outdated IBR material in regulation text,
deletes corresponding IBR titles and
information listed in centralized IBR
section(s), corrects improper IBR cites in
regulatory text, and corrects improper
CFR references, as outlined in table 1.
See table 4 for additional information.
Editorial
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Editorial changes in this final rule
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
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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 subpart
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 subpart 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).
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
electronically.
This final rule modifies the
submission requirements for equipment
approval to codify the use of electronic
submissions. The CFR sections listed in
table 1 have been updated to include
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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 can
be submitted in triplicate, or
accompanied by electronic plans, so
that the copies can 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
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,
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in that case, the falls must be replaced
at least every 4 years. This final rule
removes the ‘‘end-for-ending’’
requirement for these launching
appliance falls and requires 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 final rule
keeps 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),3 that falls
may be replaced in 5-year intervals if
they are serviced in accordance with
SOLAS Chapter III, Regulation 20.4.
EPIRB
Section 161.011–10 of title 46 of the
CFR requires Coast Guard approval of
EPIRBs. However, the FCC in its
‘‘Maritime Communications’’ final rule
(68 FR 46957, 46974, Aug. 7, 2003),
changed the approval process for
EPIRBs in 47 CFR 80.1061. This update,
which is still in effect, requires FCC
approval for EPIRBs, but requires the
Coast Guard to accept EPIRBs compliant
with COSPAS, SARSAT, and RTCM
standards before the FCC begins its
review. Currently, the Coast Guard
issues a letter stating compliance with
these standards and does not issue
approvals for EPIRBs. This final rule
removes the requirement for Coast
Guard approval of EPIRBs and aligns the
Coast Guard’s responsibility in 46 CFR
161.011–10 with the process in 47 CFR
80.1061.
Deletion of References to Outdated
Equipment
This final rule deletes 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 Maritime Safety
Committee (MSC), Resolution
MSC.308(88),4 banned the use of pilot
hoists on SOLAS vessels and updated
SOLAS Chapter V requirements
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3 U.S.
Coast Guard, Marine Safety Manual
Volume II: Materiel Inspection, ‘‘CH–2 to Marine
Safety Manual Volume II, COMDTINST
M16000.7B,’’ https://www.dco.uscg.mil/Portals/9/
DCO%20Documents/5p/CSNCOE/
USCG%20Marine%20Safety%20Manual
%20Volume%20II%20%20Material%20Inspection.pdf, accessed January
23, 2024.
4 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, accessed January
23, 2024.
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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 Guardapproved pilot hoist since 2000. This
final rule also removes references to
pilot hoists in 46 CFR subchapters D, H,
I, I–A, and U.
Fire Protection and Other Conforming
Amendments
NVIC 7–80, Use of Fire Detection
Systems Which are Not Approved Under
46 CFR 161.002,5 allows the use of nonapproved fire detection systems as
excess equipment on board vessels if the
system is listed and labeled by a
Nationally Recognized Testing
Laboratory (NRTL). This final rule adds
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.
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; 6 however, this clause was
mistakenly left out for public nautical
school ships and sailing school ships in
46 CFR subchapter R. This final rule
corrects 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 final
rule corrects those errors.
Foam Testing
Tank vessels and MODUs fitted with
deck foam systems are required by 46
5 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,
accessed January 23, 2024.
6 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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CFR 31.10–18(c) and 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 final rule adds 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 increases the number
of companies available to test
firefighting foam properties. This final
rule also aligns with SOLAS
requirements and codifies CG–ENG
Policy Letter 01–20, Third Party Foam
Concentrate Analysis.7
Hydrostatic Testing for Inert Gas
Cylinders
This final rule changes 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
aligns the hydrostatic testing intervals
for inert gas fire extinguishing system
bottles with the intervals for carbon
dioxide and halocarbon 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 or
halocarbon extinguishing system
bottles. Further, this change reduces
servicing costs for vessel owners or
operators without increasing risk.
MODU Lifesaving Appliance Release
Mechanism
Per 46 CFR 108.570(c)(3), single fall
lifeboats also serving as rescue boats on
board MODUs are required to have an
automatic release mechanism approved
7 U.S. Coast Guard, CG–ENG Policy Letter 01–20
Third Party Foam Concentrate Analysis, June 23,
2020, https://www.dco.uscg.mil/Portals/9/
DCO%20Documents/5p/5ps/Design%20and%20
Engineering%20Standards/Life%20Saving%20
and%20Fire%20Safety/Docs/CG-ENG%20PL%
2001-20%20Foam%20Testing.pdf?ver=2020-07-09142932-267, accessed January 23, 2024.
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under approval series 46 CFR subpart
160.170 rather than a lifeboat release
mechanism (non-automatic). This final
rule adds an option in 46 CFR
108.570(c)(3) to allow single fall
lifeboats also serving as rescue boats on
board MODUs to have lifeboat release
mechanisms (non-automatic) or
automatic release mechanisms. This
allows owners and operators of MODUs
the choice to select from a broader range
of equipment options available to nonSOLAS lifeboat and rescue boatreleasing mechanisms. This change
aligns 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 ASTM E84 standard
and meet required flame spread and
smoke development ratings. However,
plastic piping is already required to be
approved by the Coast Guard under 46
CFR subpart 164.141 to meet flame
spread and smoke and toxicity
requirements under the FTP code.
Although the test apparatus and
procedures differ, the same material
properties are tested. 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. Therefore, the Coast Guard
is removing the requirement to test
nonmetallic pipes under the ASTM E84
standard and to 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 pursuant to 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 (see 46 CFR 162.107–3(r)). This
final rule amends 46 CFR 39.2011(b) to
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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 final rule aligns our
regulations for pressure-vacuum relief
valves with SOLAS requirements. This
final rule also amends 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 final rule revises the regulations for
survival craft and rescue boats (46 CFR
subparts 160.135 and 160.156) to
incorporate by reference IMO MSC/
Circular 1006, ‘‘Guidelines on Fire Test
Procedures for Acceptance of FireRetardant Materials for the Construction
of Lifeboats,’’ 8 an international standard
for fire retardant resins that is already
incorporated by reference in 46 CFR
subpart 164.120. This final rule deletes
46 CFR subpart 164.120 and adds a
review of fire-retardant resins in 46 CFR
subparts 160.135 and 160.156. The
Coast Guard will no longer maintain a
list of accepted resins. Currently, there
are 15 standards (4 ISO and 11 ASTM)
incorporated by reference in 46 CFR
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 an 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
final rule deletes the obsolete
8 IMO 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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requirement for SCBAs on inspected
vessels to be approved by MSHA and
aligns 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 (81 FR
48219), published on July 22, 2016,
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 final rule adds 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
final rule also harmonizes 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 final rule removes prescriptive
design requirements of safety devices
for lifeboat, rescue boat, and liferaft
winches, and aligns 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, which requires a safety device to
prevent overstressing the falls, but does
not prescribe that the device must be a
limit switch. The Coast Guard is
removing this prescriptive design
requirement and aligning the safety
device requirement with the LSA Code.
This final rule allows launching
appliance manufacturers to use different
technologies to achieve the safety
performance criteria of the LSA Code.
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VI. Incorporation by Reference
Material for IBR appears in 46 CFR
39.1005, 39.2011, 160.135–5, 160.135–7,
160.156–5, 160.156–7, 160.171–3,
160.171–17, 160.174–3, 160.174–17,
162.017–1, and 162.017–3. The
standards are summarized in section
VII. 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 §§ 39.1005,
160.135–5, 160.156–5, 160.171–3,
160.174–3, and 162.017–1. The
following standards have already been
approved for the locations where they
appear in the amendatory text, and there
will be no change to the incorporation
by reference: SOLAS, Chapter II–2,
National Fire Protection Association
(NFPA) 2001, and the Fire Test
Procedures (FTP) Code.
VII. Regulatory Analyses
We developed this final rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or Executive
orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory
Planning and Review), as amended by
Executive Order 14094 (Modernizing
Regulatory Review), and 13563
(Improving Regulation and Regulatory
Review) direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility.
The Office of Management and Budget
(OMB) has not designated this final rule
a significant regulatory action under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094.
This final rule will result in additional
cost savings to industry with no
reduction or change in safety benefits.
Details on the estimated cost savings of
this final rule can be found in the RA
that follows.
The Coast Guard received one public
comment on the affected population in
the RA for the proposed rule. The
commenter stated that in the NPRM, the
RA did not provide clarity on whether
the population included floating OCS
facilities. We excluded floating OCS
facilities because the proposed change is
not applicable to floating OCS facilities
and we addressed the comment in the
RA of this final rule by clarifying the
population of vessels carrying lifeboats
(see table 7). We discuss our response to
this comment in section IV., Discussion
of Comments, in the preamble of this
final rule. We are incorporating the
commenter’s suggestions into the RA for
this final rule in the section discussing
end-for-ending launching appliance
falls (see table 7).
TABLE 2—SUMMARY OF CHANGES TO THE RA FROM THE NPRM TO THE FINAL RULE
Description
Affected population of U.S.flagged vessels.
46 CFR 116.400(c) ..................
NPRM
Final rule
Reason for change
Resulting change in RA
The Coast Guard estimated
that the proposed rule would
affect 435 vessels carrying
lifeboats.
The Coast Guard intended to
clarify the stairwell structural
fire protection and means of
egress requirements for 46
CFR subchapter K vessels.
In the final rule, we revised this
estimate to 442 vessels.
Based on public comment, we
revised this estimate using a
new data pull.
In the final rule, we revised the
referenced citation to eliminate unnecessary case-bycase evaluations for certain
vessels.
Based on public comment, we
determined the proposed
text change unintentionally
required case-by-case evaluation for certain vessels.
The increase in the affected
population of vessels carrying lifeboats increases the
cost savings.
No impact; clarification.
The Coast Guard is revising 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
revisions 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 final rule
removes obsolete sections and aligns
conflicting sections with codes
associated with SOLAS. The quantified
cost savings of this final rule is
associated with three items: hydrostatic
testing of inert gas bottles, testing
firefighting foam concentrates for fixedfoam fire-extinguishing systems, and
replacing the fall wire ropes associated
with lifeboats. Table 3 provides a
summary of the impacts of this final
rule.
TABLE 3—SUMMARY OF IMPACTS OF THE FINAL 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.
588 U.S.-flagged vessels:
• 132 carrying foam fire extinguishing systems,
• 14 carrying inert gas bottles, and
• 442 carrying lifeboats.
There will be no costs to industry or the Federal Government because this final rule reduces burden and generates
cost savings.
Provide flexibility by offering third-party testing options for certain safety equipment.
Reduce confusion and administrative burdens by (1) removing obsolete regulations, IBRs, and outdated references;
and (2) updating standards to align with SOLAS, related regulations, and current industry practice.
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Affected Population ......
Costs ............................
Benefits ........................
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76683
TABLE 3—SUMMARY OF IMPACTS OF THE FINAL RULE—Continued
Category
Summary
Cost savings (7% discount rate)*.
Cost savings to industry:
10-year: $2,532,521.
Annualized: $360,574.
* Totals may not sum due to independent rounding.
Regulatory Changes of the Final Rule by
CFR Subparts and Sections
Table 4 presents regulatory changes
with an assessment of the economic
impact of the changes to titles 33 and 46
of the CFR. The table shows the category
of each change, descriptions of the
changes, affected CFR subparts and
sections, and the economic impact (cost
savings or no impact) from the changes.
TABLE 4—REGULATORY CHANGES OF THE FINAL RULE BY CFR SUBPARTS AND SECTIONS
Equipment involved or
type of change
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.
1. Adds option to submit equipment approval materials electronically. 2. Removes requirement for multiple copies of
submissions for equipment approval, if
submitted electronically.
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 subpart
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) .......
Electronic Submissions ....
End-for-Ending Launching
Appliance Falls.
EPIRB ...............................
Equipment Deletion ..........
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Fire Protection and Other
Conforming Amendments.
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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.
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.
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Economic impact
No impact; editorial.
No impact; editorial.
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 final
rule codifies the use of electronic submission.
Cost savings; reduces testing burdens by
allowing owners and operators to replace
the falls every 5 years without the endfor-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 subpart 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.
No impact; aligns with current industry practice.
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No impact; editorial and aligns with current
industry practice.
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TABLE 4—REGULATORY CHANGES OF THE FINAL RULE BY CFR SUBPARTS AND SECTIONS—Continued
Equipment involved or
type of change
Changes
Affected CFR subparts and sections
Economic impact
Foam Testing ...................
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 Concentrate
Analysis.
Revises hydrostatic testing requirements for
inert gas bottles to every 12 years.
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) .........
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.
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 and aligns with current
industry practice.
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 .........
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.
khammond on DSKJM1Z7X2PROD with RULES2
Affected Population
For this final 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. Based on
MISLE database information from
October 2023, and as noted in table 3,
the total number of affected vessels is
588, made up of 132 vessels carrying
foam fire-extinguishing systems, 14
vessels carrying inert gas bottles, and
442 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 fireextinguishing system and also carry
lifeboats. For the purposes of our cost
VerDate Sep<11>2014
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46 CFR 116.405(f) .......................................
No impact; editorial.
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 subpart 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) ......................................
No impact; editorial and aligns with current
industry practice.
No impact; editorial.
46 CFR 160.115–7(b)(6)(vi) .........................
No impact; editorial.
No impact; editorial.
No impact; editorial.
analysis, however, we assume there is
no overlap.
the cost savings. The baseline costs for
these items are as follows:
Cost Analysis
This final rule imposes no cost on
industry because it eliminates outdated
requirements and reduces inspection
and testing requirements on certain
safety equipment required on board
vessels and offshore units or facilities.
As a result, this final rule generates cost
savings to the industry. The cost savings
are 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.
Foam Testing
Owners and operators of vessels that
carry foam fire-extinguishing systems
are required in 46 CFR 31.10–18(c) and
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. The testing is required before
the inspection for certification and
periodic inspection, which 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-extinguishing 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 fireextinguishing systems, and from
consultations with SMEs, the cost to
Regulatory Baseline
To obtain the cost savings associated
with this final 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 final rule costs to obtain
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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
76685
systems require testing. We then
multiply the result (132 × 0.40) by the
cost per test ($150). Table 5 presents the
baseline total undiscounted cost for fire
extinguishing foam testing.
TABLE 5—BASELINE COST FOR FOAM TESTING
Period
Foam testing
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 ..............................................................................................................................
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)
$150
150
150
150
150
150
150
150
150
150
$7,920
7,920
7,920
7,920
7,920
7,920
7,920
7,920
7,920
7,920
............................
........................
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 of 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 once every 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 testing 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.9
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. We found no bottles that had a
capacity of more than 125 pounds of
equivalent water capacity in our
population.
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 6
presents the baseline total undiscounted
cost for inert gas cylinders.
TABLE 6—BASELINE COST FOR INERT GAS CYLINDERS
khammond on DSKJM1Z7X2PROD with RULES2
Period
1
2
3
4
5
6
7
Inert gas
population for
each period
Cost per test
Total cost
(A)
(B)
(C) = (A) × (B)
...........................................................................................................................................
...........................................................................................................................................
...........................................................................................................................................
...........................................................................................................................................
...........................................................................................................................................
...........................................................................................................................................
...........................................................................................................................................
9 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
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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://
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169
169
169
169
169
169
169
×
×
×
×
×
×
×
(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
$30,758
30,758
30,758
30,758
30,758
30,758
30,758
www.Britannica.com/science/noble-gas, accessed
January 23, 2024.
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TABLE 6—BASELINE COST FOR INERT GAS CYLINDERS—Continued
Period
Inert gas
population for
each period
Cost per test
Total cost
(A)
(B)
(C) = (A) × (B)
8 ...........................................................................................................................................
9 ...........................................................................................................................................
10 .........................................................................................................................................
169 × (0.10)
169 × (0.10)
169 × (0.10)
1,820
1,820
1,820
30,758
30,758
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 (wire ropes)
‘‘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 442
U.S.-flagged vessels that carry lifeboats.
every 5 years, according to 46 CFR
109.301 and 199.190. According to
current regulations, these falls must be
turned end-for-end not more than 30
months, or 2.5 years, after installation
during a 5-year period (the phrase
TABLE 7—U.S.-FLAGGED VESSEL POPULATION BY INSPECTION SUBCHAPTER FOR LIFEBOATS
Subchapter
Description
D ................................................................................
H ................................................................................
I .................................................................................
I–A .............................................................................
K ................................................................................
M ...............................................................................
O & D Combination (tank barge or freight barge) ....
R ................................................................................
U ................................................................................
T ................................................................................
Tank Vessels ...............................................................................................
Passenger Vessels (≥100 gross tons) .........................................................
Cargo and Miscellaneous Vessels ..............................................................
Mobile Offshore Drilling Units (MODUs) ......................................................
Small Passenger Vessels Carrying More Than 49 Passengers .................
Towing Vessels ............................................................................................
Combination Bulk Cargo-including chemicals .............................................
Nautical Schools ..........................................................................................
Oceanographic Research Vessels ..............................................................
Small Passenger Vessels (under 100 gross tons) ......................................
20
3
311
1
5
45
19
8
17
13
Total ...................................................................
......................................................................................................................
442
Each affected vessel has 2 lifeboats on
board; therefore, we estimate there are
884 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 884. The
total annual cost to turn falls end-forend 2.5 years after installation for 884
lifeboat wire falls is about $353,600. We
calculate this by assuming that in any
Population
given year, 20 percent (or 2 divided by
10 to represent the turning interval of 1
turn every 5 years) of the 884 lifeboat
wire falls require turning. We then
multiply the result (884 × 0.20) by the
cost per turning ($2,000). Table 8
presents the baseline total undiscounted
cost for lifeboat wire falls.
TABLE 8—BASELINE COST FOR LIFEBOAT WIRE FALLS
khammond on DSKJM1Z7X2PROD with RULES2
Period
1 .........................................................................................................................
2 .........................................................................................................................
3 .........................................................................................................................
4 .........................................................................................................................
5 .........................................................................................................................
6 .........................................................................................................................
7 .........................................................................................................................
8 .........................................................................................................................
9 .........................................................................................................................
10 .......................................................................................................................
Total ............................................................................................................
Lifeboat wire falls
population for
each period
Cost per turning
Total cost
(A)
(B)
(C) = (A) × (B)
884
884
884
884
884
884
884
884
884
884
×
×
×
×
×
×
×
×
×
×
(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
$353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
......................................
................................
3,536,000
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
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We estimate the baseline total
undiscounted cost to owners and
operators of U.S.-flagged vessels for all
three items to be about $3,922,780
76687
($79,200 + $3,536,000 + $307,580) (see
table 9).
TABLE 9—SUMMARY OF BASELINE COSTS ASSOCIATED WITH EACH ITEM
Foam
testing
Period
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
$353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
$30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
30,758
$392,278
392,278
392,278
392,278
392,278
392,278
392,278
392,278
392,278
392,278
Total ......................................................................................................
79,200
3,5360,000
307,580
3,922,780
Note: Totals may not sum due to independent rounding.
This final rule generates cost savings
as follows:
Cost Savings
The cost savings originate from
eliminating outdated requirements,
reducing inspection, and testing
requirements, and updating standards.
The cost savings of this final rule are
associated with three items: testing
concentrates for fixed-foam fireextinguishing 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.
In this final rule, a Coast Guardaccepted independent laboratory, in
place of a manufacturer, is permitted to
perform the foam fire-extinguishing
concentrates test. The charge for this
service will be about $115 per system.10
This results in a total annual cost of
$6,072. 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 projected cost per test ($115) (see
table 10).
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 allows for
increased availability in the number of
companies able to test firefighting foam
systems.
TABLE 10—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
khammond on DSKJM1Z7X2PROD with RULES2
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
We compared the current per-unit
cost for firefighting foam testing of $150
when performed by a manufacturer with
the projected per-unit cost of $115 when
performed by a third party. We estimate
10 This
the per-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 5 and 9).
Therefore, the cost savings per year are
about $1,848 ($7,920¥$6,072), and the
total cost savings for the firefighting
foam testing part of this final rule are
price was obtained from the industry.
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations
about $18,480 ($79,200¥$60,720),
undiscounted (see table 11).
TABLE 11—NET COST SAVINGS FOR FOAM TESTING
Period
Baseline cost *
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
Note: Totals may not sum due to independent rounding.
* Table 5.
** Table 10.
Hydrostatic Testing for Inert Gas
Cylinders
We are changing the hydrostatic
testing interval of all inert gas
firefighting extinguishing system bottles
from the current requirement of once
every 10 years or once every 5 years,
depending on size, 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.
interval is from once every 10 years to
once every 12 years. The total annual
cost of hydrostatic testing for inert gas
cylinders are 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 require testing. We then
multiply the result (169 × 0.083) by the
cost per test ($1,820) (see table 12). As
a result, vessel owners and operators
will save $51,260 ($307,580—$256,320)
in testing costs over a 10-year period
(see table 13).
The cost savings are from less
frequent testing of inert gas bottles. For
vessels with inert gas bottles less than
125 pounds, the test interval will
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 will 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
TABLE 12—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.
khammond on DSKJM1Z7X2PROD with RULES2
TABLE 13—NET COST SAVINGS FOR INERT GAS CYLINDERS
Period
1
2
3
4
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
.......................................................................................................................................
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Baseline cost *
Cost **
Total cost saving
(A)
(B)
(C) = (A)¥(B)
$30,758
30,758
30,758
30,758
E:\FR\FM\18SER2.SGM
$25,632
25,632
25,632
25,632
18SER2
$5,126
5,126
5,126
5,126
Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations
76689
TABLE 13—NET COST SAVINGS FOR INERT GAS CYLINDERS—Continued
Period
Baseline cost *
Cost **
Total cost saving
(A)
(B)
(C) = (A)¥(B)
5 .......................................................................................................................................
6 .......................................................................................................................................
7 .......................................................................................................................................
8 .......................................................................................................................................
9 .......................................................................................................................................
10 .....................................................................................................................................
30,758
30,758
30,758
30,758
30,758
30,758
25,632
25,632
25,632
25,632
25,632
25,632
5,126
5,126
5,126
5,126
5,126
5,126
Total ..........................................................................................................................
307,580
256,320
51,260
Note: Totals may not sum due to independent rounding.
* Table 6.
** Table 12.
End-for-Ending Launching Appliance
Falls
The Coast Guard is revising the ‘‘endfor-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
the annual cost to turn falls end-for-end
2.5 years after installation for 884
lifeboat wire falls is about $353,600 (884
× 0.20 × $2,000). This results in cost
savings for vessel owners and operators
of about $3,536,000 ($353,600 × 10-year
period) for the 442 U.S.-flagged vessels
that have lifeboats on board. See table
14.
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 savings are from eliminating
the requirement to turn the ropes endfor-end every 2.5 years over a 10-year
period of analysis. As shown in table 8,
TABLE 14—NET COST SAVINGS FOR LIFEBOAT WIRE FALLS
Period
Baseline cost *
Cost
Total cost saving
(A)
(B)
(C) = (A)¥(B)
1 .......................................................................................................................................
2 .......................................................................................................................................
3 .......................................................................................................................................
4 .......................................................................................................................................
5 .......................................................................................................................................
6 .......................................................................................................................................
7 .......................................................................................................................................
8 .......................................................................................................................................
9 .......................................................................................................................................
10 .....................................................................................................................................
$353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
$0
0
0
0
0
0
0
0
0
0
$353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
Total ..........................................................................................................................
3,536,000
0
3,536,000
Note: Totals may not sum due to independent rounding.
* Table 8.
Table 15 shows the total cost savings
for owners and operators of U.S.-flagged
vessels to be about $3.6 million,
undiscounted, over a 10-year period of
analysis. We estimate the total present
value or discounted cost savings of this
final 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
$360,574 at each discount rate.
TABLE 15—SUMMARY OF COST SAVINGS OF THE FINAL RULE
[10-Year period of analysis, 7- and 3-percent discount rates]
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Period
Foam testing *
1 ...............................................................
2 ...............................................................
3 ...............................................................
4 ...............................................................
5 ...............................................................
6 ...............................................................
7 ...............................................................
8 ...............................................................
9 ...............................................................
10 .............................................................
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$1,848
1,848
1,848
1,848
1,848
1,848
1,848
1,848
1,848
1,848
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Inert gas
testing **
Lifeboat
wire falls ***
$5,126
5,126
5,126
5,126
5,126
5,126
5,126
5,126
5,126
5,126
Fmt 4701
Sfmt 4700
$353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
353,600
Undiscounted
cost savings
$360,574
360,574
360,574
360,574
360,574
360,574
360,574
360,574
360,574
360,574
E:\FR\FM\18SER2.SGM
18SER2
7% Discount
$336,985
314,939
294,336
275,080
257,084
240,266
224,547
209,857
196,128
183,298
3% Discount
$350,072
339,876
329,976
320,365
311,034
301,975
293,180
284,640
276,350
268,301
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations
TABLE 15—SUMMARY OF COST SAVINGS OF THE FINAL RULE—Continued
[10-Year period of analysis, 7- and 3-percent discount rates]
Period
Total ..................................................
Annualized ........................................
Foam testing *
Inert gas
testing **
Lifeboat
wire falls ***
Undiscounted
cost savings
18,480
........................
51,260
........................
3,536,000
........................
3,605,740
........................
7% Discount
2,532,521
360,574
3% Discount
3,075,769
360,574
Note: Totals may not sum due to independent rounding.
* Table 11.
** Table 13.
*** Table 14.
Electronic Submission
Alternatives
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 their files,
and to forward the third copy to the
cognizant OCMI. However, current
industry practice is for manufacturers to
submit their applications electronically,
get them stamped electronically, and
then distributed as described above.
With this final rule, the Coast Guard is
providing, in regulations, an option for
submitting plans electronically. There
are several sections 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). 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. Consequently, this
final rule adds an option for
manufacturers to submit their
applications and type approval
materials electronically, to codify the
current industry practice. There is no
change in the hourly burden estimate
and no impact to the information
collection request.
The Coast Guard considered three
alternatives to the final rule, as follows.
khammond on DSKJM1Z7X2PROD with RULES2
Benefits
This final rule generates qualitative
benefits. It reduces confusion and
provides flexibility to industry by
allowing third-party testing for certain
safety equipment required on board
vessels and offshore units or facilities. It
also provides regulatory clarity by
removing obsolete regulations, such as
the MSHA approval for SCBAs for
firefighters, and through updating
standards to align with SOLAS.
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Alternative 1: No-Action Alternative
Under this alternative, the Coast
Guard would have retained the status
quo and not incorporate by reference
industry standards into the CFR. This
alternative would not have aligned
conflicting sections of the CFR with
SOLAS and related regulations.
Furthermore, it would not have reduced
the burden to industry, and would not
have allowed 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 have issued a NVIC or
policy 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 have updated the CFR, and
the process of obtaining an equivalency
test would still be needed. The Coast
Guard rejected this alternative because
industry would not benefit from current
standards, 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
revises the regulations in 33 CFR
chapter I and 46 CFR chapter I. This is
the preferred alternative because it
updates current standards and aligns
conflicting sections of the CFR with
SOLAS and related regulations,
eliminates outdated standards, and
reduces inspection and testing
requirements. This alternative also
allows the Coast Guard to perform
retrospective reviews and updates to the
regulations.
This alternative also reduces the
workload for vessel owners and
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operators by extending testing or
maintenance intervals and expanding
the range of allowable testers for three
items: inert gas bottles, foam fireextinguishing systems, and lifeboat
launching appliances falls (wire ropes).
In turn, this alternative generates 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 rule will 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 final rule to generate
cost savings for vessel owners and
operators who own vessels that carry
lifeboats, bottles of inert gas, and foam
fire-extinguishing systems. The cost
savings are 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 for vessel
owners and operators who own vessels
that carry foam fire-extinguishing
systems are from allowing a third party
to test the firefighting foam
concentrates.
Using the Coast Guard’s MISLE
database, we found this final rule affects
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 that the
remaining 155 companies own 296
vessels. Based on publicly available
information from the online database
‘‘ReferenceUSAgov’’ and other online
searches of companies,11 we found
11 In addition to individual online searches of
companies, the Coast Guard reviewed https://
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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.12
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 that were named in the
MISLE database, or approximately 85
percent. If we add the number of small
entities that we could confirm are small
entities 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 final rule.
For cost savings purposes, we
differentiated 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 affect the savings for
each vessel (see table 16). 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 there are 367 small
entities. Out of the 367 small entities,
we found that 68 small entities own
vessels that carry only foam fireextinguishing systems. As described in
the RA earlier, the cost savings for foam
fire-extinguishing systems is about $35
for each vessel, and the foam fireextinguishing systems will be tested 4
times during the analysis period. These
small entities will 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
of these small entities will 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 8 small entities own vessels
carrying only inert gas bottles; there are
58 inert gas bottles on these vessels.13
As presented in the RA earlier, the
annual cost savings on inert gas tests is
$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 is
$1,740 [58 (number of inert gas bottles)
× $30 (annual cost savings per inert gas
bottle)]. These 8 small entities will 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-extinguishing systems and lifeboats.
As presented in the previous
paragraphs, the annual cost savings per
entity for the foam fire-extinguishing
systems is $14, and the annual cost
saving per entity for fall wire ropes is
$800. Therefore, these 36 small entities
will 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
76691
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 is $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 is $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 is $1,780 ($180 + $1,600) and
these 2 small entities will each save, on
average, about $890 ($1,780 ÷ 2).
Lastly, based on MISLE’s data and the
small entity analysis we presented
previously in the NPRM, 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 is $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 is $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-extinguishing systems is
$28 [2 (number of entities) × $14 (cost
savings per foam fire-extinguishing
systems) = $28]. Therefore, the annual
cost savings for these 2 entities is $4,628
($3,000 + $1,600 + $28), and we
estimate these 2 small entities will save,
on average, about $2,314 ($4,628 ÷ 2
entities) annually per entity per vessel.
Table 16 shows the cost savings for
small entities with each of the six
different combinations of equipment
described in the previous paragraphs.
TABLE 16—SUMMARY OF THE ANNUAL COST SAVINGS PER ENTITY PER VESSEL OF THE FINAL RULE
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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
www.manta.com/mb to find revenue or employee
information for the 74 companies; accessed January
29, 2024.
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12 https://www.sba.gov/document/support--tablesize-standards; effective December 19, 2022,
accessed January 29, 2024.
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13 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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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations
From these 6 different combinations,
the range of the annual cost savings that
we estimate for small entities per vessel
in this analysis is between $14 and
$2,314, and the total annual cost savings
for the small entities is about $239,208.
Table 17 shows the cost savings per
revenue for the small entities for which
we had revenue information.
TABLE 17—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.
Cost Savings per
Small Entity.
$14 ........................
$800 ......................
$28 ........................
$1,600 ...................
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 17) by the number
of vessels owned by each entity or 2,
yields 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 is
less than 1 percent of annual revenue.
Based on this analysis, we found that
100 percent of the small entities with
known revenues impacted by this final
rule (all 51 entities) will have a cost
savings that is less than 1 percent of
their annual revenue. The Coast Guard’s
economic analysis concluded that these
changes generate cost savings and do
not impose a significant impact on any
entities affected by this final rule.
Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this final rule
will not have a significant economic
impact on a substantial number of small
entities. If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this final rule has 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 final rule will
economically affect it.
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$218 ......................
Foam Testing and
Lifeboat Wire
Falls.
$814 ......................
Lifeboat Wire Falls
and Inert Gas
Testing.
$890 ......................
........................
$436 ......................
$1,628 ...................
$1,780 ...................
........................
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we offer to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
D. Collection of Information
This final rule calls 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 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
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Small entities
with known
revenue
Fmt 4701
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51
well settled that all 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 final 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 final 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
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process. If you believe this final rule has
implications for federalism under
Executive Order 13132, please contact
the person listed in the FOR FURTHER
INFORMATION section of this preamble.
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.
F. Unfunded Mandates
L. Technical Standards
The Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1531–1538, requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Although this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
The National Technology Transfer
and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through
OMB, with an explanation of why using
these standards would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (for
example, specifications of materials,
performance, design, or operation; test
methods; sampling procedures; and
related management systems practices)
that are developed or adopted by
voluntary consensus standards bodies.
This final rule uses the following
technical and voluntary consensus
standards: ASTM D975–14, IMO MSC/
Circular 1006, and ISO 15364. The
sections that reference these standards
and the locations where these standards
are available are listed in 46 CFR
39.1005, 160.135–5, 160.156–5,
160.171–3, 160.174–3, and 162.017–1.
These standards provide
internationally accepted and recognized
parameters that equipment and material
must meet to ensure its safety, proper
usage, and preservation on the seas. The
standards that will be incorporated were
developed by either the ASTM, IMO, or
ISO, which are voluntary consensus
standard-setting organizations.
One ASTM standard will 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 defines the
grade of fuel necessary to perform a test
for oil resistance.
One IMO standard will 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 will be
incorporated by reference in this
rulemaking:
G. Taking of Private Property
This final rule will not cause a taking
of private property or otherwise have
taking implications under Executive
Order 12630 (Governmental Actions and
Interference with Constitutionally
Protected Property Rights).
H. Civil Justice Reform
This final rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988 (Civil Justice
Reform) to minimize litigation,
eliminate ambiguity, and reduce
burden.
I. Protection of Children
We have analyzed this final rule
under Executive Order 13045
(Protection of Children from
Environmental Health Risks and Safety
Risks). This rule is not an economically
significant rule and will not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
J. Indian Tribal Governments
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This final rule does not have Tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments),
because it will not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
K. Energy Effects
We have analyzed this final 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
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76693
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 final rule
under DHS Management Directive 023–
01, Rev. 1, associated implementing
instructions, and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
determination that this action is one of
a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
This final rule is 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 final rule revises regulations
associated with the approval, carriage,
and maintenance of certain safety
equipment required on board vessels
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations
and offshore units or facilities. Some of
these revisions are editorial or
procedural actions that 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. This final rule
supports the Maritime Safety mission of
the Coast Guard.
46 CFR Part 105
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, 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 115
46 CFR Part 31
Cargo vessels, Marine safety,
Reporting and recordkeeping
requirements.
Fire prevention, Marine safety,
Passenger vessels, 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.
Fire prevention, Incorporation by
reference, Marine safety, Passenger
vessels, 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.
khammond on DSKJM1Z7X2PROD with RULES2
46 CFR Part 163
46 CFR Part 116
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.
46 CFR Part 147
Hazardous materials transportation,
Incorporation by reference, Labeling,
Marine safety, Packaging and
containers, Reporting and recordkeeping
requirements.
46 CFR Part 159
46 CFR Part 56
Reporting and recordkeeping
requirements, Vessels.
Business and industry, Laboratories,
Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 76
Fire prevention, Marine safety,
Passenger vessels.
46 CFR Part 160
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).
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Marine safety.
46 CFR Part 164
Fire prevention, Incorporation 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 amends 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
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. 01.4.
2. Amend § 149.410 by revising the
section heading and the introductory
text to read as follows:
■
Incorporation by reference, Marine
safety, Reporting and recordkeeping
requirements.
§ 149.410 Location and number of fire
extinguishers required for manned
deepwater ports constructed before August
22, 2016.
46 CFR Part 161
Fire prevention, Incorporation by
reference, Marine safety, Reporting and
recordkeeping requirements.
Manned deepwater ports constructed
before August 22, 2016, must meet the
following requirements:
*
*
*
*
*
46 CFR Part 162
Title 46—Shipping
Fire prevention, Incorporation by
reference, Marine safety, Oil pollution,
Reporting and recordkeeping
requirements.
PART 2—VESSEL INSPECTIONS
PO 00000
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3. The authority citation for part 2 is
revised to read as follows:
■
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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. 01.4; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277, sec. 1–105.
4. Amend § 2.75–10 by revising
paragraph (b) and adding paragraph (c)
to read as follows:
■
§ 2.75–10 Procedures for obtaining
approvals.
*
*
*
*
*
(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
electronic drawings or must be
submitted in triplicate.
PART 31—INSPECTION AND
CERTIFICATION
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. 01.4. Section
31.10–21 also issued under the authority of
Sect. 4109, Pub. L. 101–380, 104 Stat. 515.
6. Amend § 31.10–18 by revising
paragraph (c) to read as follows:
■
§ 31.10–18 Firefighting equipment:
General—TB/ALL.
*
*
*
*
*
(c) Deck foam systems must be tested
at the inspection for certification and
the periodic inspection by discharging
foam for approximately 15 seconds from
any nozzle designated by the marine
inspector. It is not required to deliver
foam from all foam outlets, but all lines
and nozzles must be tested with water
to prove they are clear of obstruction.
Before the inspection for certification
and periodic inspection of deck foam
systems utilizing a mechanical foam
system, a representative sample of the
foam concentrate must be submitted to
the manufacturer, or its authorized
representative, or an independent
laboratory accepted for this purpose by
the Coast Guard, who will issue a
certificate indicating gravity, pH,
percentage of water dilution, and solid
content.
*
*
*
*
*
PART 32—SPECIAL EQUIPMENT,
MACHINERY, AND HULL
REQUIREMENTS
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. 01.4; 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).
■
76695
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. 01.4.
10. Amend § 34.10–90 by revising
paragraph (a)(3) to read as follows:
■
§ 34.10–90 Installations contracted for
prior to May 26, 1965—T/ALL.
(a) * * *
(3) Tankships of less than 500 gross
tons shall be equipped with an efficient
hand pump capable of delivering 50
gallons per minute or a power-driven
pump of equivalent capacity. However,
on tankships of 20 gross tons or under,
where it is impracticable to install a
hand or power-operated fire pump, or
on tankships with only one man in the
crew, at least one additional 40–B fire
extinguisher may be accepted in lieu of
a fire pump.
*
*
*
*
*
11. Amend § 34.50–10:
■ a. In paragraph (a), by removing the
text ‘‘table 34.50–10(a) of this section’’,
wherever it appears, and adding in its
place the text ‘‘table 1 to § 34.50–10(a)’’;
■ b. In paragraph (h), by removing the
text ‘‘Table 34.50–10(a) of this section’’
and adding in its place the text ‘‘Table
1 to § 34.50—10(a)’’; and
■ c. In the table following paragraph (h)
by:
■ i. Redesignating the table as table 1 to
§ 34.50–10(a); and
■ ii. Revising and republishing table 1 to
§ 34.50–10(a).
The revision reads as follows:
■
PART 34—FIREFIGHTING EQUIPMENT
§ 34.50–10 Location, number, and
installation of fire extinguishers—TB/ALL.
9. The authority citation for part 34 is
revised to read as follows:
*
■
*
*
(a) * * *
*
*
TABLE 1 TO § 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
Safety Areas
khammond on DSKJM1Z7X2PROD with RULES2
1 required .......................................
1 required in the vicinity of the exit
20–B:C ...........
20–B:C 1 .........
Wheelhouse and chartroom areas
Radio room ....................................
........................
........................
None required.
None required.
2–A ................
1 required in the vicinity of the exit.
Accommodation Areas
1 required in each main passageway on each deck, conveniently
located, and so that no room is
more than 75 ft from an extinguisher.
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Staterooms, toilet spaces, public
spaces, offices, etc., and associated lockers, storerooms, and
pantries.
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations
TABLE 1 TO § 34.50–10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS—Continued
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.
1 required for each 2,500 sq ft or
fraction thereof.
40–B:C ...........
Galleys ...........................................
40–B:C ...........
40–B ..............
Stores areas, including paint and
lamp rooms.
........................
1 required, suitable for the hazard
involved.
None required.
Spaces containing oil fired boilers,
either main or auxiliary, or any
fuel oil units subject to the discharge pressure of the fuel oil
service pump.
40–B ..............
1 required.12
Spaces containing internal combustion or gas turbine propulsion
machinery.
........................
None required.
Auxiliary spaces containing internal
combustion or gas turbine units.
Auxiliary spaces containing emergency generators.
40–B ..............
1 required in the vicinity of the
exit.7 9 12
None required.
Machinery Area 2
2 required 3 .....................................
1 required .......................................
1 required for each 1,000 brake
horsepower; not less than 2, not
more than 6 5.
1 required 6 7 ..................................
1 required in the vicinity of the
exit 7.
1 required in the vicinity of the
exit 8.
40–B ..............
and.
160–B 4.
40–B ..............
and.
120–B.
40–B ..............
40–B:C ...........
........................
Cargo Areas
1 required in the lower pumproom
40–B ..............
Pumprooms ....................................
40–B ..............
None required ................................
........................
Cargo tank area .............................
40–B ..............
160–B ............
1 required in the vicinity of the
exit.9 12
2 required.10 12 13
1 required.9 11
Spare Units
10 percent of required units rounded up.
10 percent of required units rounded up.
2–A ................
........................................................
2–A ................
40–B:C ...........
........................................................
40–B:C ...........
10 percent of required units rounded up.
10 percent of required units rounded up.
1 Vessels
not on an international voyage may substitute two 5–B:C rated extinguishers.
40–B:C must be immediately available to the service generator and main switchboard areas, and further, a 40–B:C must be conveniently
located not more than 50 feet (15.25 meters) walking distance from any point in all main machinery operating spaces. These extinguishers need
not be in addition to other required extinguishers.
3 Vessels of fewer than 1,000 GT require 1.
4 Vessels of fewer than 1,000 GT may substitute 1 120–B:C.
5 Only 1 required for vessels under 65 ft in length.
6 If an oil-burning donkey boiler is fitted in the space, the 160–B:C previously required for the protection of the boiler may be substituted. Not
required where a fixed carbon dioxide system is installed.
7 Not required on vessels of fewer than 300 GT if the fuel has a flashpoint higher than 110 °F.
8 Not required on vessels of fewer than 300 GT.
9 Not required if fixed system installed.
10 If no cargo pump on barge, only one 40–B:C required.
11 Manned barges of 100 GT and over only.
12 Not required on unmanned barges except during the transfer of cargo, or operation of barge machinery or boilers when the barge is not underway.
13 An extinguisher brought on to unmanned barges during the transfer of cargo, or operation of barge machinery or boilers does not have to be
Coast Guard approved, provided it is approved by a nationally recognized testing laboratory (NRTL) in accordance with 29 CFR 1910.7.
2A
khammond on DSKJM1Z7X2PROD with RULES2
*
*
*
*
*
PART 35—OPERATIONS
12. The authority citation for part 35
is revised to read as follows:
■
17:21 Sep 17, 2024
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PART 39—VAPOR CONTROL
SYSTEMS
§ 35.30–20
■
[Amended]
13. Amend § 35.30–20 by removing
the text ‘‘the Mine Safety and Health
Administration (MSHA) and by’’ in
paragraph (c)(1).
■
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.
VerDate Sep<11>2014
351; DHS Delegation No. 00170.1, Revision
No. 01.4.
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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. 01.4.
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18SER2
Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations
15. Amend § 39.1005 by:
a. Revising paragraph (a);
b. Redesignating paragraphs (g)
through (i) as paragraphs (h) through (j);
and
■ c. Adding new paragraph (g).
The revision and addition read as
follows:
■
■
■
§ 39.1005
ALL.
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
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
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
phone 41 22 749 01 11; 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. Amend § 39.2011 by revising
paragraph (b)(1) to read as follows:
manufacturer’s installation guidelines.
Bonders must hold certifications
required by the manufacturer’s
guidelines and provide documentation
of current certification to the Marine
Inspector when requested.
*
*
*
*
*
§ 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 § 39.1005) or equivalent standards
acceptable to the flag state are
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. 01.4.
18. Amend § 56.60–25 by revising
paragraph (a)(4) to read as follows:
■
§ 56.60–25
Nonmetallic materials.
(a) * * *
(4) Plastic pipe fitting and bonding
techniques must follow the
76697
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. 01.4.
20. Amend § 76.50–10 by revising and
republishing paragraphs (a) and (b) to
read as follows:
■
§ 76.50–10
Location.
(a) Approved portable and semiportable extinguishers must be installed
in accordance with table 1 to 76.50–
10(b). The location of the equipment
must be to the satisfaction of the Officer
in Charge, Marine Inspection. Nothing
in this paragraph should be construed as
limiting the Officer in Charge, Marine
Inspection, from requiring such
additional equipment as he or she
deems necessary for the proper
protection of the vessel.
(b) Table 1 to 76.50–10(b) indicates
the minimum required number and type
of extinguisher for each space listed.
Extinguishers with larger numerical
ratings or multiple letter designations
may be used if the extinguishers meet
the requirements of the table.
TABLE 1 TO 76.50–10(b)—CARRIAGE OF PORTABLE AND SEMI-PORTABLE FIRE EXTINGUISHERS
Fire extinguishing
Space
Minimum
required
rating
Quantity and location
khammond on DSKJM1Z7X2PROD with RULES2
Safety Area 1
Wheelhouse or fire control room ...............................................
2–A, 20–B:C .....
Stairway and elevator enclosures .............................................
Communicating corridors ...........................................................
...........................
2–A ...................
Lifeboat embarkation and lowering stations ..............................
Radio room ................................................................................
...........................
20–B:C 3 ...........
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.
None required.
1 in each main corridor in each main vertical zone. (May be
located in stairway enclosures.)
None required.
2 in the vicinity of the exit.2
Accommodations 1
Staterooms, toilet spaces, isolated pantries, etc .......................
Offices, lockers, and isolated storerooms .................................
Public spaces .............................................................................
...........................
...........................
2–A ...................
Open decks or enclosed promenades ......................................
...........................
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None required.
None required.
1 for each 2,500 sq ft or fraction thereof located in vicinity of
the exits, except that none are required for spaces under
500 sq ft.
None required.
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations
TABLE 1 TO 76.50–10(b)—CARRIAGE OF PORTABLE AND SEMI-PORTABLE FIRE EXTINGUISHERS—Continued
Fire extinguishing
Space
Minimum
required
rating
Quantity and location
Service Spaces
Galleys .......................................................................................
40–B:C .............
Main pantries .............................................................................
2–A ...................
Motion picture booths and film lockers ......................................
Paint and lamp rooms ...............................................................
Inaccessible baggage, mail, and specie rooms, and storerooms.
Accessible baggage, mail, and specie rooms, and storerooms
10–B:C 3 ...........
40–B .................
...........................
Refrigerated storerooms ............................................................
2–A ...................
Carpenter, valet, photographic, printing shops sales rooms,
etc..
2–A ...................
2–A ...................
1 for each 2,500 sq ft or fraction thereof suitable for hazards
involved.
1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits.
1 outside in the vicinity of the exit.
1 outside space in the vicinity of the exit.
None required.
1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits, either inside or outside the spaces.
1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits, outside the spaces.
1 outside the space in the vicinity of the exit.
Machinery Spaces
Coal-fired boilers: Bunker and boiler space ..............................
Oil-fired boilers: Spaces, containing oil fired boilers, either
main or auxiliary, or their fuel oil units.
Internal combustion or gas turbine propelling machinery
spaces.
Electric propulsive motors or generators of open type .............
Enclosed ventilating systems for motors and generators of
electric propelling machinery.
Auxiliary spaces, internal combustion or gas turbine ................
Auxiliary spaces, electric emergency motors or generators .....
Auxiliary spaces, steam .............................................................
Trunks to machinery spaces .....................................................
Fuel tanks ..................................................................................
...........................
40–B .................
160–B ...............
40–B .................
120–B ...............
40–B:C .............
...........................
None required.
2 required.3
1 required.4
1 for each 1,000 brake horsepower, but not less than 2 or
more than 6.
1 required.5
1 for each propulsion motor or generator unit.
None required.
40–B .................
40–B:C .............
...........................
...........................
...........................
1 outside the space in the vicinity of the exit.6
1 outside the space in the vicinity of the exit.6
None required.
None required.
None required.
Cargo Spaces
Inaccessible during voyage, including trunks (excluding tanks)
Accessible during voyage ..........................................................
Vehicular spaces (covered by a sprinkler system) ....................
Vehicular spaces (not covered by a sprinkler system) .............
Cargo oil tanks ...........................................................................
...........................
2–A ...................
40–B .................
40–B .................
...........................
None required.
1 for each 1,200 sq ft or fraction thereof.
1, plus 1 for each 6,000 sq ft or fraction thereof.
1, plus 1 for each 1,500 sq ft or fraction thereof.7
None required.
Spare Units
2–A ...................
40–B .................
40–B:C .............
10 percent of the required number for public spaces rounded
up.
10 percent of the required number for cargo spaces rounded
up.
1.
1 In
any case, on vessels of 150 feet (45.72 meters) in length and over, there must be at least two 2–A units on each passenger deck.
vessels on an international voyage, substitute 1 20–B:C in the vicinity of the exit.
3 Vessels of less than 1,000 GT and not on an international voyage require 1.
4 Vessels of less than 1,000 GT and not on an international voyage may substitute one 120–B for one 160–B.
5 If an oil-burning donkey boiler is fitted in the space, the 160–B previously required for the protection of the boiler room may be substituted.
Not required on vessels of less than 300 GT if the fuel has a flashpoint of 110 °F or lower except those on an international voyage.
6 Not required on vessels of less than 300 GT if the fuel has a flashpoint higher than 110 °F.
7 Two 10–B units may be substituted for one 40–B unit.
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2 For
*
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PART 77—VESSEL CONTROL AND
MISCELLANEOUS SYSTEMS AND
EQUIPMENT
21. The authority citation for part 77
is revised to read as follows:
■
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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. 01.4.
§ 77.35–5
[Amended]
§ 77.40–1
[Amended]
23. Amend § 77.40–1 by removing
paragraph (h).
■
22. Amend § 77.35–5 by removing the
text ‘‘the Mine Safety and Health
Administration (MSHA) and’’ in
paragraph (b).
■
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§ 105.14
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. 01.4.
§ 95.50–10
[Amended]
25. Amend § 95.50–10:
a. In paragraph (a), by removing the
text ‘‘Table 95.50–10(a) of this section’’
and adding in its place the text ‘‘table
1 to § 95.50–10(b)’’
■ b. In paragraph (b), by removing the
text ‘‘Table 95.50–10(a)’’ and adding in
its place the text ‘‘Table 1 to § 95.50–
10(b)’’; and
■ c. Redesignating table 95.50–10(a) as
table 1 to § 95.50–10(b); and
■ d. In footnote 4 to newly redesignated
table 1 to § 95.50–10(b), removing the
text ‘‘160–B’’ and adding in its place the
text ‘‘120–B’’.
■
■
PART 96—VESSEL CONTROL AND
MISCELLANEOUS SYSTEMS AND
EQUIPMENT
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. 01.4.
[Amended]
27. Amend § 96.35–5 by removing the
text ‘‘the Mine Safety and Health
Administration (MSHA) and by’’ in
paragraph (b).
■
§ 96.40–1
[Amended]
28. Amend § 96.40–1 by removing
paragraph (h).
■
PART 105—COMMERCIAL FISHING
VESSELS DISPENSING PETROLEUM
PRODUCTS
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. 01.4.
30. Amend § 105.14 by revising
paragraph (a) to read as follows:
■
PART 107—INSPECTION AND
CERTIFICATION
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. 01.4; § 107.05 also issued under
the authority of 44 U.S.C. 3507.
32. Amend § 107.235 by revising
paragraph (b)(4) to read as follows:
■
§ 107.235 Servicing of portable fire
extinguishers, semi-portable fire
extinguishers and fixed fire extinguishing
systems.
■
§ 96.35–5
Fire Extinguishing Equipment.
(a) In addition to the extinguishers in
the table to § 28.160 of this chapter,
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.
*
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*
*
*
*
*
*
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(b) * * *
(4) Foam, except premix systems:
Discharge foam for approximately 15
seconds from a nozzle designated by the
marine inspector. Discharge water from
all other lines and nozzles. Submit a
sample of the foam concentrate to the
manufacturer or its authorized
representative, or an independent
laboratory accepted for the purpose by
the Coast Guard for determination of
specific gravity, pH, percentage of water
dilution, and solid content and for
certification as a suitable firefighting
foam.
*
*
*
*
*
PART 108—DESIGN AND EQUIPMENT
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. 01.4.
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 subchapter J of this
chapter, including the hazardous
location electrical installation
regulations in § 111.105 of this chapter;
and
(3) Coast Guard plan review is
completed for wiring plans.
■ 35. Amend § 108.489 by revising
paragraph (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
designations may be used to meet this
requirement.
*
*
*
*
*
■ 36. Amend § 108.495 by:
■ a. Removing the text ‘‘Table 108.495
of this section’’ and adding in its place
the text ‘‘Table 1 to § 108.495’’ in the
introductory text;
■ b. Redesignating table 108.495 as table
1 to § 108.459; and
■ c. Revising and republishing newly
redesignated table 1 to § 108.459.
The revision reads as follows:
§ 108.495 Locations and number of fire
extinguishers required.
*
*
*
*
*
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TABLE 1 TO § 108.495—CARRIAGE OF PORTABLE FIRE EXTINGUISHERS
Minimum
required
rating
Space
Quantity and location
Safety Areas
Wheelhouse and control room ..................................................
Stairway and elevator enclosure ...............................................
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...........................
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2 in the vicinity of the exit.
None required.
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TABLE 1 TO § 108.495—CARRIAGE OF PORTABLE FIRE EXTINGUISHERS—Continued
Space
Minimum
required
rating
Corridors ....................................................................................
2–A ...................
Lifeboat embarkation and lowering stations ..............................
Radio room ................................................................................
...........................
10–B:C .............
Quantity and location
1 in each corridor not more than 150 ft (45 m) apart. (May be
located in stairways.)
None required.
2 in the vicinity of the exit.
Accommodations
Staterooms, toilet spaces, public spaces, offices, lockers,
small storerooms, pantries, open decks, and similar spaces.
...........................
None required.
Service Spaces
Galleys .......................................................................................
40–B:C .............
Paint and lamp rooms ...............................................................
Storerooms ................................................................................
40:B ..................
2–A ...................
Workshop and similar spaces ...................................................
20–B:C .............
1 for each 2,500 sq ft (232.2 sq m) or fraction thereof suitable for the hazards involved.
1 outside each room in the vicinity of the exit.
1 for each 2,500 sq ft (232.2 sq m) or fraction thereof located
in the vicinity of the exits, either inside or outside the
spaces.
1 outside each space in the vicinity of the exit.
Machinery Spaces
Oil-fired boilers: Spaces containing oil-fired boilers, either
main or auxiliary, or their fuel oil units.
Internal combustion or gas turbine propelling machinery
spaces.
Motors or generators of electric propelling machinery that do
not have an enclosed ventilating system.
Motors and generators of electric propelling machinery that
have enclosed ventilating systems.
40–B .................
2 required in each space.
160–B ...............
40–B .................
120–B ...............
40–B:C .............
1 required in each space. See note 1.
1 for each 1,000 brake horsepower but not less than 2 and
not more than 6 in each space.
1 required in each space. See note 1.
1 for each motor or generator.
...........................
None required.
Auxiliary Spaces
Internal combustion engines or gas turbine ..............................
40–B .................
Electric emergency motors or generators .................................
40–B:C .............
Steam driven auxiliary machinery .............................................
Trunks to machinery spaces .....................................................
Fuel tanks ..................................................................................
...........................
...........................
...........................
1 outside the space containing engines or turbines in the vicinity of the exit.
1 outside the space containing motors or generators in the
vicinity of the exit.
None required.
None required.
None required.
Miscellaneous Areas
Helicopter landing decks ...........................................................
Helicopter fueling facilities .........................................................
Drill floor .....................................................................................
Cranes with internal combustion engines .................................
160–B ...............
160–B ...............
40–B:C .............
40–B:C .............
1
1
2
1
at each access route.
at each fuel transfer facility. See note 2.
required.
required.
Spare Units
2–A ...................
40–B:C .............
1 Not
2 Not
required where a fixed gas extinguishing system is installed.
required where a fixed foam system is installed in accordance with § 108.489.
§ 108.497
[Amended]
§ 108.719
37. Amend § 108.497 by removing the
text ‘‘the Mine Safety and Health
Administration (MSHA) and by’’ in
paragraph (a).
■
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10 percent of the total required rounded up.
10 percent of the total required rounded up.
§ 108.570
38. Amend § 108.570 by removing the
word ‘‘must’’ and adding in its place the
word ‘‘may’’ in paragraph (c)(3).
17:21 Sep 17, 2024
PART 109—OPERATIONS
40. The authority citation for part 109
is revised to read as follows:
■
Jkt 262001
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306,
6101, 10104; DHS Delegation 00170.1,
Revision No. 01.4.
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41. Amend § 109.301 by revising
paragraph (j) to read as follows:
■
39. Amend § 108.719 by removing
paragraph (h).
■
■
[Amended]
VerDate Sep<11>2014
[Amended]
Sfmt 4700
§ 109.301 Operational readiness,
maintenance, and inspection of lifesaving
equipment.
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(j) Maintenance of falls. Each fall used
in a launching appliance must be
inspected annually with special regard
for areas passing through sheaves and
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must be renewed when necessary due to
deterioration or at intervals of not more
than 5 years, whichever is earlier.
*
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*
PART 115—INSPECTION AND
CERTIFICATION
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
Comp., p. 277; DHS Delegation 00170.1,
Revision No. 01.4.
§ 115.810
[Amended]
43. Amend § 115.810 by removing the
text ‘‘Chapter 4 of’’ in paragraph (b)(1).
■
PART 116—CONSTRUCTION AND
ARRANGEMENT
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.
01.4.
45. Amend § 116.400 by revising
paragraph (c) 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 of this chapter), when
combined with the requirements in
§ 116.438, may be considered equivalent
to the provisions of this subpart.
■ 46. Amend § 116.405 by revising
paragraph (f) to read as follows:
§ 116.405 General arrangement and
outfitting.
Authority: 46 U.S.C. 3306, 3307; sec. 617,
Pub. L. 111–281, 124 Stat. 2905; DHS
Delegation 00170.1, Revision No. 01.4.
§ 132.365
PART 160—LIFESAVING EQUIPMENT
PART 132—FIRE PROTECTION
EQUIPMENT
49. The authority citation for part 132
is revised to read as follows:
[Amended]
50. Amend § 132.365 by removing the
text ‘‘the Mine Safety and Health
Administration and by’’ in paragraph
(b)(1).
■
PART 147—HAZARDOUS SHIPS
STORES
Authority: 46 U.S.C. 3306; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; DHS
Delegation 00170.1, Revision No. 01.4.
§ 160.115–7 Design, construction, and
performance of winches.
52. Amend § 147.66 by revising
paragraphs (a) and (c) to read as follows:
■
§ 147.66 Inert gas fire extinguishing
systems.
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.
01.4.
Authority: 46 U.S.C. 3306, 3703; DHS
Delegation 00170.1, Revision No. 01.4;
Section 159.001–9 also issued under the
authority of 44 U.S.C. 3507.
Jkt 262001
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. 01.4.
56. Amend § 160.115–7 by revising
paragraphs (b)(6)(vi) introductory text
and (b)(6)(vi)(A) to read as follows:
51. The authority citation for part 147
is revised to read as follows:
PART 159—APPROVAL OF
EQUIPMENT AND MATERIALS
17:21 Sep 17, 2024
55. The authority citation for part 160
is revised to read as follows:
■
■
PART 118—FIRE PROTECTION
EQUIPMENT
VerDate Sep<11>2014
§ 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
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.
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*
(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.
*
*
*
*
*
■
54. Revise § 159.001–5 to read as
follows:
■
(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.
*
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[Amended]
48. Amend § 118.500:
a. In paragraph (a), by removing the
text ‘‘Table 118.500(a) of this section’’
and adding in its place the text ‘‘table
1 to § 118.500(b)’’;
■ b. In paragraph (b), by removing the
text ‘‘Table 118.500(a) of this section’’
and adding in its place the text ‘‘Table
1 to § 118.500(b)’’;
■ c. By redesignating table 118.500(a) as
table 1 to § 118.500(b);
■ d. In paragraph (c), by removing the
text ‘‘10’’ and adding in its place the
text ‘‘5’’; and
■ e. In paragraph (d), by removing the
text ‘‘(c)’’ and adding in its place the
text ‘‘(b)’’.
■
■
■
■
§ 116.400
§ 118.500
76701
53. The authority citation for part 159
is revised to read as follows:
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(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;
*
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§§ 160.115–9, 160.115–13, 160.132–9,
160.132–13, and 160.133–9 [Amended]
57. Amend §§ 160.115–9(b)
introductory text, 160.115–13(g)(2),
160.132–9(b) introductory text,
160.132–13(g)(2), and 160.133–9(b)
introductory text by removing the words
‘‘in triplicate’’.
■
§ 160.133–13
[Amended]
58. Amend § 160.133–13 by removing
the text ‘‘, in triplicate’’ in paragraph
(g)(2).
■ 59. Amend § 160.135–5 by adding
paragraph (d)(7) to read as follows:
■
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§ 160.135–5
Incorporation by reference.
§ 160.156–9
*
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*
(d) * * *
(7) MSC/Circ. 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).
*
*
*
*
*
■ 60. Amend § 160.135–7 by revising
paragraph (b)(3)(iv)(A) to read as
follows:
§ 160.135–7 Design, construction, and
performance of lifeboats.
*
*
*
*
*
(b) * * *
(3) * * *
(iv) * * *
(A) Resin. Any resin used for the hull,
canopy, hatches, rigid covers, and
enclosures for the engine, transmission,
and engine accessories, must be fire
retardant according to IMO MSC/Circ.
1006 (incorporated by reference, see
§ 160.135–5)
*
*
*
*
*
§ 160.135–9
[Amended]
61. Amend § 160.135–9 by removing
the words ‘‘in triplicate’’ in paragraph
(b) introductory text.
■
§ 160.135–13
[Amended]
62. Amend § 160.135–13 by removing
the text ‘‘, in triplicate’’ in paragraph
(g)(2) introductory text.
■ 63. Amend § 160.156–5 by adding
paragraph (d)(7) to read as follows:
■
§ 160.156–5
Incorporation by reference.
*
*
*
*
*
(d) * * *
(7) MSC/Circ. 1006, Guidelines On
Fire Test Procedures For Acceptance Of
Fire-Retardant Materials For The
Construction Of Lifeboats, June 18,
2001; IBR approved for § 160.156–7.
*
*
*
*
*
■ 64. Amend § 160.156–7 by revising
paragraph (b)(3)(iv)(A) to read as
follows:
§ 160.156–7 Design, construction, and
performance of rescue boats and fast
rescue boats.
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*
*
*
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*
(b) * * *
(3) * * *
(iv) * * *
(A) Resin. Any resin used for the hull,
canopy, hatches, rigid covers, and
enclosures for the engine, transmission,
and engine accessories, must be fire
retardant according to IMO MSC/Circ.
1006 (incorporated by reference, see
§ 160.156–5)
*
*
*
*
*
VerDate Sep<11>2014
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Jkt 262001
[Amended]
65. Amend § 160.156–9 by removing
the words ‘‘in triplicate’’ in paragraph
(b) introductory text.
■
§ 160.156–13
[Amended]
66. Amend § 160.156–13 by removing
the text ‘‘, in triplicate’’ in paragraph
(g)(2) introductory text.
■
§ 160.170–9
[Amended]
67. Amend § 160.170–9 by removing
words ‘‘in triplicate’’ in paragraph (b)
introductory text.
■
§ 160.170–13
[Amended]
68. Amend § 160.170–13 by removing
text ‘‘, in triplicate,’’ in paragraph (g)(2).
■ 69. Revise § 160.171–3 to read as
follows:
■
§ 160.171–3
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
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 following
sources:
(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: www.astm.org.
(1) ASTM B117–97, Standard Practice
for Operating Salt Spray (Fog)
Apparatus (‘‘ASTM B117’’); IBR
approved for § 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’’); IBR approved for
§ 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’’); IBR approved for § 160.171–
17(e).
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(4) ASTM D975–14, Standard
Specification for Diesel Fuel Oils,
approved February 1, 2014 (‘‘ASTM
D975’’); IBR approved for § 160.171–
17(p).
(5) ASTM D1004–94a, Standard Test
Method for Initial Tear Resistance of
Plastic Film and Sheeting (‘‘ASTM
D1004’’); IBR approved for § 160.171–
17(n).
(b) General Services Administration
(GSA). email: GSAStandards@gsa.gov;
web: https://fedspecs.gsa.gov/s/federalspecifications.
(1) Federal Test Method Standard No.
191a 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’’); IBR approved for § 160.171–
17(o).
(2) Federal Standard No. 751a,
Stitches, Seams, and Stitchings, dated
January 25, 1965 (‘‘Federal Standard No.
751’’); IBR approved for § 160.171–9(c).
(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: www.nist.gov.
(1) National Bureau of Standards
Special Publication 440—Color,
Universal Language and Dictionary of
Names; December 1976 (‘‘National
Bureau of Standards Publication 440’’);
IBR approved for § 160.171–9(h).
(Available at https://nvlpubs.nist.gov/
nistpubs/Legacy/SP/nbsspecial
publication440.pdf)
(2) [Reserved]
(d) 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: www.ul.com.
(1) UL 1191, Standard for
Components for Personal Flotation
Devices, First Edition, as revised March
29, 1977; IBR approved for § 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
E:\FR\FM\18SER2.SGM
18SER2
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations
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
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.
(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: 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’’); IBR approved for
§ 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’’); IBR approved for § 160.174–
17(f) and (g).
(3) ASTM D975–14, Standard
Specification for Diesel Fuel Oils,
approved February 1, 2014 (‘‘ASTM D
975’’); IBR approved for § 160.174–17(g).
(4) ASTM D1004–94a, Standard Test
Method for Initial Tear Resistance of
Plastic Film and Sheeting (‘‘ASTM D
1004’’); IBR approved for § 160.174–
47(i).
(5) ASTM D1518–85 (1990), Standard
Test Method for Thermal Transmittance
of Textile Materials (‘‘ASTM D 1518’’);
IBR approved for § 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
January 25, 1965 (‘‘Federal Standard No.
751’’); IBR approved for § 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: 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; IBR
approved for § 160.174–9(f). (Available
at https://nvlpubs.nist.gov/nistpubs/
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Legacy/SP/nbsspecialpublication440.
pdf)
(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.
01.4.
72. Amend § 161.002–18 by revising
the section heading and paragraph (a) to
read as follows:
■
§ 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 of
this subchapter:
(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 subchapter 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.
*
*
*
*
*
■ 73. Amend § 161.002–19 by revising
the section heading 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 of
this subchapter:
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76703
(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 subchapter 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 subchapter 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. Amend § 161.011–1 by removing
the word ‘‘approval’’ and adding in its
place the word ‘‘acceptance’’.
■ 75. Revise § 161.011–5 to read as
follows:
■
§ 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.
■ 76. Revise § 161.011–10 to read as
follows.
§ 161.011–10
EPIRB acceptance.
(a) The Coast Guard reviews test
reports from an accepted independent
laboratory for EPIRBs accepted in
§ 161.011–5.
(b) An application for acceptance or
type acceptance of an EPIRB should be
submitted to the Coast Guard before the
FCC in accordance with 47 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.
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77. Amend § 161.012–5 by:
a. Revising paragraph (a); and
b. In paragraph (b)(2), by 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 of this
subchapter.
*
*
*
*
*
■ 78. Amend § 161.013–11 by revising
paragraph (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 of this
subchapter; and
*
*
*
*
*
■ 79. Revise § 161.013–17 to read as
follows:
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
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 International
Organization for Standardization (ISO),
ISO Central Secretariat, Chemin de
Blandonnet 8. CP 401—1214 Vernier,
Geneva, Switzerland; phone 41 22 749
01 11; www.iso.org/contact-iso.html.
(a) 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).
(b) [Reserved]
§ 162.017–2
[Amended]
83. Amend § 162.017–2 by removing
the word ‘‘inflammable’’ and adding it
its place the word ‘‘flammable’’.
■ 84. Amend § 162.017–3 by revising
paragraphs (g), (n), and (r) 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 of this subchapter 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:
■
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.
01.4.
81. Add § 162.017–0 to read as
follows:
■
§ 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:
khammond on DSKJM1Z7X2PROD with RULES2
§ 162.017–1
Incorporation by reference.
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
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§ 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 × 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 crosssectional 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:
■ a. By revising paragraph (a);
■ b. In paragraph (b), by removing the
words ‘‘in quadruplicate’’; and
■ c. In paragraph (c), by removing the
text ‘‘, by the Underwriters’
Laboratories, the Factory Mutual
Laboratories, or’’.
The revision reads as follows.
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§ 162.017–6
Procedure for approval.
(a) General. 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. Amend § 162.050–15 by revising
paragraph (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 of this subchapter.
*
*
*
*
*
■ 87. Amend § 162.060–40 by revising
paragraph (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 of this
subchapter.
*
*
*
*
*
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.
01.4.
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.
01.4.
91. Amend § 164.009–9 by revising
paragraph (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–
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ENG) according to § 159.005–1 of this
subchapter.
*
*
*
*
*
■ 92. Amend § 164.018–7 by revising
paragraph (a) and in paragraph (b)(2), by
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 of this
subchapter.
*
*
*
*
*
§ 164.106–3
98. Amend § 164.138–3 by revising
paragraph (a) to read as follows:
■
[Amended]
93. Amend § 164.106–3 by removing
the text ‘‘Part 6’’ and adding in its place
the text ‘‘Part 5’’ in paragraph (a).
■
§ 164.138–3 Testing, marking, and
inspection requirements.
94. Remove and reserve subpart
164.120, consisting of §§ 164.120–1
through 164.120–15.
(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.
*
*
*
*
*
§ 164.137–2
■
Subpart 164.120—[Removed and
Reserved]
■
99. Revise § 164.139–2 to read as
follows:
[Amended]
95. Amend § 164.137–2 by removing
and reserving paragraph (b)(2).
■ 96. Amend § 164.137–3 by revising
paragraph (a) to read as follows:
■
§ 164.139–2
§ 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. Revise § 164.138–2 to read as
follows:
§ 164.138–2
khammond on DSKJM1Z7X2PROD with RULES2
www.archives.gov/federal-register/cfr/
ibr-locations.html or email
fr.inspection@nara.gov. The material
may be obtained from the International
Maritime Organization (IMO)
Publishing, 4 Albert Embankment,
London SE1 7SR, United Kingdom, +44
(0)20 7735 7611, www.imo.org.
(a) 2010 FTP, International Code for
Application of Fire Test Procedures,
2010 (Resolution MSC.307(88)), 2012
Edition (‘‘FTP Code’’); IBR approved for
§ 164.138–3(a).
(b) [Reserved]
Incorporation by reference.
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
www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this
material at NARA, visit
VerDate Sep<11>2014
17:21 Sep 17, 2024
Jkt 262001
Incorporation by reference.
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
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 International
Maritime Organization (IMO)
Publishing, 4 Albert Embankment,
London SE1 7SR, United Kingdom, +44
(0)20 7735 7611, www.imo.org.
(a) 2010 FTP Code, International Code
for the Application of Fire Test
Procedures, 2010 (Resolution
MSC.307(88)), 2012 Edition (‘‘FTP
Code’’); IBR approved for § 164.139–
3(a).
(b) [Reserved]
100. Amend § 164.139–3 by revising
paragraph (a) to read as follows:
■
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§ 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 § 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. 01.4.
102. Revise and republish § 167.45–40
to read as follows:
■
§ 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.
(b) In boiler and machinery spaces, at
least two fire hydrants must have a
firehose of a length that allows each part
of the boiler and machinery spaces to be
reached by water from a combination
solid stream and water spray firehose
nozzle.
(c) Each firehose under paragraph (b)
of this section must have a combination
solid stream and water spray firehose
nozzle that meets subpart 162.027 of
this chapter. Combination nozzles and
low-velocity water spray applicators
previously approved under subpart
162.027 of this chapter may remain so
long as they are maintained in good
condition to the satisfaction of the
Officer in Charge, Marine Inspection.
(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
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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.
§ 167.45–60
[Amended]
103. Amend § 167.45–60 by removing
the text ‘‘the Mine Safety and Health
Administration (MSHA) and by’’ in
paragraph (a).
■ 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. Revise § 167.45–70 to read as
follows:
§ 167.45–70 Portable fire extinguishers,
general requirements.
(a) Fire extinguishers shall be located
in such places as in the judgment of the
Officer in Charge, Marine Inspection,
will be most convenient and serviceable
in case of emergency and so arranged
that they may be easily removed from
their fastenings.
(b) Every fire extinguisher provided
shall be examined at each annual
inspection to determine that it is still in
good condition. Soda-and-acid and foam
fire extinguishers shall be tested by
discharging the contents, cleaning
thoroughly, and then refilling. Carbon
dioxide fire extinguishers shall be
checked by weighing to determine
contents and if found to be more than
10 percent under required contents of
carbon dioxide shall be recharged.
Pump tank fire extinguishers shall be
tested by pumping and discharging the
contents, cleaning thoroughly, and then
refilling or recharging. Cartridgeoperated type fire extinguishers shall be
checked by examining the extinguishing
agents to determine if it is still in good
condition and by examining the
pressure cartridge. If the cartridge end is
punctured, or if the cartridge is
otherwise determined to have leaked or
to be in an unsuitable condition, the
pressure cartridge shall be rejected and
a new one inserted. Stored pressure type
extinguishers shall be checked by
determining that the pressure gauge is
in the operating range, and the full
charge of extinguishing agent is in the
chamber. The hoses and nozzles of all
fire extinguishers shall be inspected to
see that they are clear and in good
condition.
(c) In addition to the required
extinguishers in this part, each vessel
must 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:
■
§ 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 this part need not be
replaced and may be continued in
service so long as they are maintained
in good condition to the satisfaction of
the 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
[Amended]
107. Amend § 167.45–75 by removing
the words ‘‘or the Navy’’ after the words
‘‘approved by the Coast Guard’’.
■
PART 169—SAILING SCHOOL
VESSELS
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. 01.4; § 169.117 also issued
under the authority of 44 U.S.C. 3507.
109. Amend § 169.567:
a. In paragraph (a) introductory text,
by removing the text ‘‘Table 169.567(a)
of this section’’ and adding in its place
the text ‘‘table 1 to § 169.567(a)’’;
■ b. Redesignating the table 169.567(a)
as table 1 to § 169.567(a);
■ c. Revising and republishing table 1 to
§ 169.567(a); and
■ d. In paragraph (b), by removing the
text ‘‘Table 169.567(a) of this section’’
and adding in its place the text ‘‘Table
1 to § 169.567(a)’’.
The revision reads as follows:
■
■
§ 169.567
Portable fire extinguishers.
(a) * * *
TABLE 1 TO § 169.567(a)—REQUIRED PORTABLE FIRE EXTINGUISHERS
Portable fire extinguishers
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Space
Minimum
required
rating
Propulsion machinery space without fixed extinguishing system ..........
Propulsion machinery space with fixed extinguishing system ...............
Living space and open boats .................................................................
Galley (without fixed system) .................................................................
Spare Units .............................................................................................
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40–B:C ...........
40–B:C ...........
2–A ................
40–B:C ...........
2–A ................
40–B:C ...........
Sfmt 4700
Quantity and location
2.
1 in the vicinity of the exit.
1 per 1,000 cubic foot of space.
1 per 500 cubic foot.
10 percent of the required number rounded up.
10 percent of the required number rounded up.
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*
■
*
*
*
*
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
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.
■ 111. Amend § 169.717 by revising
paragraph (a)(1) to read as follows:
§ 169.717
Fireman’s outfit.
*
*
*
*
*
(a) * * *
(1) One pressure-demand, opencircuit, self-contained breathing
apparatus, approved by the National
Institute for Occupational Safety and
Health (NIOSH) and having at a
minimum a 30-minute air supply and a
full facepiece; but a self-contained
compressed-air breathing apparatus
previously approved under part 60,
subpart 160.011, of this chapter may
continue in use as required equipment
if it was part of the vessel’s equipment
on November 23, 1992, and as long as
it is maintained in good condition to the
satisfaction of the Officer in Charge,
Marine Inspection;
*
*
*
*
*
PART 181—FIRE PROTECTION
EQUIPMENT
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.
01.4.
113. Amend § 181.500:
■ a. In paragraph (a), by removing the
text ‘‘Table 181.500(b)’’ and adding in
its place the text ‘‘table 1 to
§ 181.500(b)’’;
■ b. In paragraph (b), by removing the
text ‘‘Table 181.500(b) of this section’’
and adding in its place the text ‘‘Table
1 to § 181.500(b)’’;
■ c. By redesignating the table
181.500(b) as table 1 to § 181.500(b); and
■ d. By revising and republishing table
1 to § 181.500(b).
The revision and republication read
as follows:
■
§ 181.500
location.
*
112. The authority citation for part
181 is revised to read as follows:
■
76707
Required number, type, and
*
*
(b) * * *
*
*
TABLE 1 TO § 181.500(b)—REQUIRED PORTABLE FIRE EXTINGUISHERS
Portable fire extinguishers
Space
Minimum
required
rating
Operating Station ......................................
Machinery Space .......................................
Open Vehicle Deck ....................................
Accommodation Space ..............................
Galley ........................................................
Pantry, concession stand ..........................
*
*
*
*
10–B:C ...........
40–B:C ...........
40–B ..............
2–A ................
40–B:C ...........
2–A ................
*
116. The authority citation for part
199 is revised to read as follows:
■
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. 01.4.
[Amended]
115. Amend § 195.40–1 by removing
paragraph (h).
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■
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1.
1 in the vicinity of the exit.
1 for every 10 vehicles.
1 each for each 2,500 square feet (232.3 square meters) or fraction thereof.
1.
1 in the vicinity of the exit.
PART 199—LIFESAVING SYSTEMS
FOR CERTAIN INSPECTED VESSELS
PART 195—VESSEL CONTROL AND
MISCELLANEOUS SYSTEMS AND
EQUIPMENT
§ 195.40–1
Quantity and location
Authority: 46 U.S.C. 3306, 3703; Pub. L.
103–206, 107 Stat. 2439; DHS Delegation
00170.1, Revision No. 01.4.
117. Amend § 199.190 by revising
paragraph (j) to read as follows:
■
§ 199.190 Operational readiness,
maintenance, and inspection of lifesaving
equipment.
*
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*
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*
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*
Sfmt 9990
(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: September 5, 2024.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention Policy.
[FR Doc. 2024–20380 Filed 9–17–24; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76676-76707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20380]
[[Page 76675]]
Vol. 89
Wednesday,
No. 181
September 18, 2024
Part III
Department of Homeland Security
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Coast Guard
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33 CFR Part 149
46 CFR Parts 2, 31, 32, et al.
Marine Equipment on Board Vessels and Offshore Units or Facilities;
Final Rule
Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 /
Rules and Regulations
[[Page 76676]]
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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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising 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 these regulations with current industry
practice and provide more transparent regulations for the regulated
industry. These revisions eliminate outdated requirements, reduce
inspection and testing requirements, and update standards incorporated
by reference. Additionally, these revisions remove obsolete sections
and align conflicting sections with the International Convention for
the Safety of Life at Sea.
DATES: This final rule is effective October 18, 2024.
The incorporation by reference of certain publications listed in
the rule is approved by the Director of the Federal Register beginning
October 18, 2024. The incorporation by reference of certain other
publications listed in the rule was approved by the Director of the
Federal Register as of August 22, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0519 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Lieutenant Jeff Bors, Lifesaving and Fire Safety Division
(CG-ENG-4), U.S. Coast Guard; telephone 571-610-2849, email
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis, Purpose, and Regulatory History
III. Background
IV. Discussion of Comments
V. Discussion of the Final Rule and Changes From NPRM
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. Abbreviations
ASTM ASTM International
CFR Code of Federal Regulations
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
FTP Code Fire Test Procedures Code
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 Maritime Safety Committee
MSHA Mine Safety and Health Administration
NIOSH National Institute for Occupational Safety and Health
NFPA National Fire Protection Association
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
UL Underwriters Laboratories, Inc.
U.S.C. United States Code
II. Basis, Purpose, and Regulatory History
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. 01.4,
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 final rule ensures the proper
design, construction, alteration, repair, and operation of vessels
subject to inspection.
Under 46 U.S.C. 3703, the Secretary of DHS 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.
The Coast Guard issued a notice of proposed rulemaking (NPRM) on
May 23, 2023, and solicited public comment on the proposed rule during
a comment period of 62 days.\1\ The comment period closed on July 24,
2023. The Coast Guard received six comment submissions, which are
discussed later in this document.
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\1\ 88 FR 33026.
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This final rule amends title 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 revisions in this final rule 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 final rule removes numerous obsolete CFR sections
and updates other CFR sections to bring them into compliance with the
International Convention for the Safety of Life at Sea (SOLAS) and
related regulations.
III. 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 following goals: updating references to
[[Page 76677]]
incorporated standards that have been modified; clarifying language;
providing additional regulatory flexibility where possible; minimizing
the regulatory burden on affected vessels; and removing obsolete rules
to ensure marine equipment requirements are current with emerging
technology and industry standards.
IV. Discussion of Comments
In response to the NPRM published on May 23, 2023, we received six
written submissions during the comment period. These written
submissions are available in the public docket for this rulemaking,
where indicated under ADDRESSES, or at the direct link: https://www.regulations.gov/docket/USCG-2020-0519/comments. The Coast Guard
appreciates the comments from the public, as these insights continue to
inform Coast Guard actions and programs. We summarize the comments and
our responses in the paragraphs that follow.
One commenter noted that the proposed changes to 46 CFR 116.400(c)
would create an unintentional application of subchapter H's egress
requirements found in Sec. 72.05-20 for all subchapter K vessels that
use SOLAS Structural Fire Protection requirements as equivalent. The
intent of the amendments to Sec. 116.400 was to clarify the egress
requirements and not to impose additional egress requirements. All
subchapter K vessels that use SOLAS Structural Fire Protection
requirements as equivalent must comply with the egress requirements for
stairtowers, stairways, ladders, and elevators in Sec. 116.438. In
accordance with Sec. 116.438(a), those subchapter K vessels that carry
more than 600 passengers or with overnight accommodations for more than
49 passengers must meet the egress requirements in subchapter H for
stairtowers, stairways, ladders, and elevators in Sec. 72.05-20. In
response to this comment, in Sec. 116.400(c) we removed the direct
reference to Sec. 72.05-20 from the proposed rule and added a
reference to Sec. 116.438 in this final rule so as not to apply Sec.
72.05-20 to all subchapter K vessels.
A commenter noted the rulemaking's intent to ``align the
regulations with the current industry practice and provide more
transparent regulations for the regulated industry'' and suggested
revising and updating the regulations for 46 CFR subchapter W. The
commenter offered a number of suggestions to revise regulations for
Emergency Position Indicating Radio Beacons (EPIRBs), distress signals,
lifebuoys, survival craft, line throwing appliances, and provide
clarity to the definitions of accommodation and workstation. The
updates to subchapter W in this rule were specifically drafted to align
davit maintenance intervals with SOLAS requirements, and not to update
regulations in subchapter W in general. Therefore, this commenter's
suggestions are outside the scope of this rulemaking. We cannot make
those updates in this final rule; however, the Coast Guard acknowledges
that the application of subchapter W to barges that are not self-
propelled is ambiguous and is working to address it. Additionally, as
of July 2023, there is a newly published Change 2 to Navigation and
Vessel Inspection Circular (NVIC) 02-81 \2\ that has exemptions for
life-saving requirements on integrated and articulated tug and barge
combinations.
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\2\ U.S. Coast Guard NVIC 02-81 Ch-2, https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/1981/NVIC%2002-81%20Ch.2_CG%20%Inspec%20Guidance20Integrated%20and%20Articulated%20Tug%20&%20Barges.pdf, accessed January 23, 2024.
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We received a comment regarding Coast Guard requirements for
nonmetallic (plastic) piping used in various engineering systems for
different types of vessels. The comment suggested that, because all
nonmetallic piping used in the building industry essentially meets the
same ASTM International (ASTM) D1784 standard requirements, piping that
also meets this standard should be acceptable for use in vessel systems
without more requirements from the Coast Guard. The intent of this rule
on this particular subject is to remove redundant fire testing
requirements for nonmetallic piping, specifically for vessels under 46
CFR subchapter K. A proposal to newly incorporate an industry standard
on this subject is beyond the scope of this rulemaking, as piping
requirements vary between the regulations applicable to specific vessel
types. We note that manufacturers and vessel designers may submit
specific material test results for general approval by the Coast Guard,
or acceptance to an equivalent level of safety to the CFR for a
particular vessel or project. As a result, the Coast Guard made no
changes from the proposed rule in response to this comment.
We received a comment that concurred with the proposed edits to 46
CFR 56.60-25(a)(4), but also recommended that Sec. 56.60-25(a)(7) be
modified to include other laboratory accreditation bodies for potable
water piping. Specifically, the comment recommended inclusion of
accreditation entities signatory to the International Laboratory
Accreditation Cooperation Mutual Recognition Arrangement. The Coast
Guard's proposed change to remove repetitive wording was editorial in
nature. As the commenter's recommended modification of acceptable
accreditation entities is a substantial change that was not considered
in the NPRM, we cannot make that change in this final rule; however,
the recommendation may be considered for a future rulemaking.
We also received a comment regarding the carpet requirements for
vessels under subchapter K in 46 CFR 116.423. The comment stated that
the rugs and carpets requirements in Sec. 116.423(a)(4) are applicable
to all spaces, not just rooms containing fire resistant furnishings
under Sec. 116.423(a) and suggests that the carpet requirements should
be its own paragraph, not a subparagraph of Sec. 116.423(a). The Coast
Guard acknowledges this comment. It is outside the scope of this
rulemaking because this section was not part of the changes proposed in
the NPRM. However, we will consider this revision for inclusion in a
future rulemaking. For these reasons, we have made no changes from the
proposed rule in response to this comment.
We received one comment on the regulatory analysis (RA) related to
the affected population for the lifeboats listed in table 2 of the
NPRM. The commenter expressed concern that the table did not provide
enough clarity to determine if floating Outer Continental Shelf (OCS)
facilities were included. We did not include floating OCS facilities in
our population of vessels carrying lifeboats because the proposed
change is not applicable to floating OCS facilities. We made the
recommended changes to reflect the affected population of vessels
carrying lifeboats by subchapter, and we listed the affected population
by inspection subchapter, for vessels carrying lifeboats, in table 7 of
the RA in this final rule.
V. Discussion of the Final Rule and Changes From NPRM
In order to decrease likelihood of introducing errors, to improve
efficiency during the publication process, and to meet drafting and
formatting requirements for publication, we are revising or revising
and republishing several sections and tables, as appropriate. This
final rule makes no substantive changes from the NPRM; it makes
effective the following changes to various subchapters in titles 33 and
46 of the CFR:
(1) Modifies equipment approval submission requirements to allow
for materials to be submitted electronically to [email protected],
instead of the
[[Page 76678]]
existing requirement of paper submissions in triplicate;
(2) Removes obsolete regulations for pilot hoists that are no
longer allowed on U.S.-flagged vessels;
(3) Allows vessel owners and operators to use a third party to test
the properties and quality of their firefighting foam;
(4) Revises the requirements for pressure vacuum relief valves to
align with international consensus standards;
(5) Updates requirements for lifeboat and rescue boat releasing
mechanisms on board mobile offshore drilling units (MODUs) to allow for
lifeboats that serve as rescue boats to carry lifeboat releasing
mechanisms. We note that this does not apply to OCS facilities as
incorrectly stated in the NPRM;
(6) Removes prescriptive design requirements for lifeboat, rescue
boat, and liferaft winch limit switches and aligns requirements with
the Life-Saving Appliances (LSA) Code;
(7) Removes a redundant flame-spread testing requirement for
nonmetallic piping used in certain vessels;
(8) Revises 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) Changes 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 will change from at least once
every 5 or 10 years (depending on bottle size) to once every 12 years;
(10) Removes 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) Revises 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) Removes the requirement for Coast Guard approval of EPIRBs and
codifies 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) Adds 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) Makes editorial changes to clarify language, correct
typographical errors, and delete repetitive words;
(15) Updates incorporations by reference (IBRs), removes outdated
IBRs, and revises CFR citations to the correct IBRs;
(16) Corrects errors in fire extinguisher quantities and ratings
from a previous rulemaking; and
(17) Clarifies 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
changes, and the subparts affected by this final rule. Further
explanation for each of these categories can be found after the table.
Table 1--Summary of Changes and CFR Subparts and Sections Affected
----------------------------------------------------------------------------------------------------------------
Affected CFR subparts and
Equipment involved or type of change Changes sections
----------------------------------------------------------------------------------------------------------------
CFR References and Changes to IBRs........... 1. Deletes references to 46 CFR 115.810(b)(1), 46 CFR
outdated IBRs and corrects 118.500(d), 46 CFR 160.171-3,
improper IBRs in regulation 46 CFR 160.174-3, 46 CFR
text. 2. Corrects improper CFR 161.002-18(a)(3), 46 CFR
references. 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).
Editorial.................................... 1. Clarifies language. 2. 33 CFR 149.410, 46 CFR 56.60-
Corrects typographical errors. 25(a)(4), 46 CFR 108.495, 46
3. Deletes repetitive words and CFR subpart 162.017, 46 CFR
wording. 181.500(b).
Electronic Submissions....................... 1. Adds option to submit 46 CFR 2.75-10(b), 46 CFR
equipment approval materials 159.001-5, 46 CFR 160.115-
electronically. 2. Removes 9(b), 46 CFR 160.115-13(g)(2),
requirement for multiple copies 46 CFR 160.132-9(b), 46 CFR
of submissions for equipment 160.132-13(g)(2), 46 CFR
approval, if submitted 160.133-9(b), 46 CFR 160.133-
electronically. 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).
End-for-Ending Launching Appliance Falls..... 1. Removes requirement for ``end- 46 CFR 109.301(j), 46 CFR
for-ending'' for launching 199.190(j)
appliance falls, to align with
SOLAS. 2. Revises interval for
launching appliance falls
replacement to 5 years.
EPIRB........................................ Aligns Coast Guard acceptance of 46 CFR 161.011-1, 46 CFR
EPIRBs in 46 CFR with Federal 161.011-5, 46 CFR 161.011-10.
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 76679]]
Equipment Deletion........................... Deletes pilot hoist approval 46 CFR 32.90-1(h), 46 CFR 77.40-
series, Sec. 163.002 and 1(h), 46 CFR 96.40-1(h), 46
associated references in CFR 108.719(h), 46 CFR subpart
various subchapters. 163.002, 46 CFR 195.40-1(h).
Fire Protection and Other Conforming 1. Corrects fire extinguisher 46 CFR 34.10-90(a)(3), 46 CFR
Amendments. ratings. 2. Clarifies fire 34.50-10(a), 46 CFR 76.50-
extinguisher quantities. 3. 10(a), 46 CFR 95.50-10(a), 46
Adds option to allow use of CFR 105.14(a), 46 CFR 108.103,
nationally recognized testing 46 CFR 108.489(a)(3), 46 CFR
laboratory (NRTL) listed and 118.500(c), 46 CFR 167.45-40,
labeled fire detection systems 46 CFR 167.45-65, 46 CFR
as excess equipment for MODUs. 167.45-70, 46 CFR 167.45-71,
4. Adds grandfathering 46 CFR 167.45-75, 46 CFR
provision for fire 169.567(a), 46 CFR 169.568.
extinguishers for public
nautical school ships and
sailing school ships.
Foam Testing................................. 1. Adds option for third-party 46 CFR 31.10-18(c), 46 CFR
testing for foam concentrates. 107.235(b)(4).
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 Concentrate Analysis.
Hydrostatic Testing for Inert Gas Cylinders.. Revises hydrostatic testing 46 CFR 147.66(a), 46 CFR
requirements for inert gas 147.66(c).
bottles to every 12 years.
MODU Lifesaving Appliance Release Mechanism.. 1. Adds an option in 46 CFR 46 CFR 108.570(c)(3).
subchapter I-A to allow
lifeboats also serving as
rescue boats 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 testing 46 CFR 116.405(f).
requirements for nonmetallic
piping in 46 CFR subchapter K.
Pressure-Vacuum Relief Valves................ 1. Revises requirements for 46 CFR 39.1005, 46 CFR
approving pressure-vacuum 39.2011(b)(1), 46 CFR 162.017-
relief valves. 2. Updates IBR 1, 46 CFR 162.017-2, 46 CFR
edition. 162.017-3(n), 46 CFR 162.017-
3(r), 46 CFR 162.017-6.
Resins for Lifeboats and Rescue Boats........ Removes approval series for fire- 46 CFR 160.135-5(d), 46 CFR
retardant resins and 160.135-7(b)(3)(iv)(A), 46 CFR
incorporates approval of these 160.156-5(d), 46 CFR 160.156-
resins into approvals for 7(b)(3)(iv)(A), 46 CFR subpart
lifeboats and rescue boats. 164.120.
Self-Contained Breathing Apparatus........... Removes obsolete requirement for 46 CFR 35.30-20(c)(1), 46 CFR
MSHA approval for SCBAs. 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).
Stairwell Structural Fire Protection and Clarifies the stairwell 46 CFR 116.400(c).
Means of Egress. structural fire protection and
means of egress requirements
for 46 CFR subchapter K vessels.
Winches and Davits........................... 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.
----------------------------------------------------------------------------------------------------------------
CFR References and Changes to IBRs
This final rule deletes references to outdated IBR material in
regulation text, deletes corresponding IBR titles and information
listed in centralized IBR section(s), corrects improper IBR cites in
regulatory text, and corrects improper CFR references, as outlined in
table 1. See table 4 for additional information.
Editorial
Editorial changes in this final rule 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 final rule modifies the submission requirements for equipment
approval to codify the use of electronic submissions. The CFR sections
listed in table 1 have been 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 can be submitted in triplicate, or
accompanied by electronic plans, so that the copies can 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 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,
[[Page 76680]]
in that case, the falls must be replaced at least every 4 years. This
final rule removes the ``end-for-ending'' requirement for these
launching appliance falls and requires 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 final rule
keeps 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),\3\ that falls may be replaced in 5-year intervals if they
are serviced in accordance with SOLAS Chapter III, Regulation 20.4.
---------------------------------------------------------------------------
\3\ U.S. Coast Guard, Marine Safety Manual Volume II: Materiel
Inspection, ``CH-2 to Marine Safety Manual Volume II, COMDTINST
M16000.7B,'' https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CSNCOE/USCG%20Marine%20Safety%20Manual%20Volume%20II%20-%20Material%20Inspection.pdf, accessed January 23, 2024.
---------------------------------------------------------------------------
EPIRB
Section 161.011-10 of title 46 of the CFR requires Coast Guard
approval of EPIRBs. However, the FCC in its ``Maritime Communications''
final rule (68 FR 46957, 46974, Aug. 7, 2003), changed the approval
process for EPIRBs in 47 CFR 80.1061. This update, which is still in
effect, requires FCC approval for EPIRBs, but requires the Coast Guard
to accept EPIRBs compliant with COSPAS, SARSAT, and RTCM standards
before the FCC begins its review. Currently, the Coast Guard issues a
letter stating compliance with these standards and does not issue
approvals for EPIRBs. This final rule removes the requirement for Coast
Guard approval of EPIRBs and aligns the Coast Guard's responsibility in
46 CFR 161.011-10 with the process in 47 CFR 80.1061.
Deletion of References to Outdated Equipment
This final rule deletes 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 Maritime Safety Committee (MSC), Resolution MSC.308(88),\4\
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 final rule also removes
references to pilot hoists in 46 CFR subchapters D, H, I, I-A, and U.
---------------------------------------------------------------------------
\4\ 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, accessed January 23, 2024.
---------------------------------------------------------------------------
Fire Protection and Other Conforming Amendments
NVIC 7-80, Use of Fire Detection Systems Which are Not Approved
Under 46 CFR 161.002,\5\ allows the use of non-approved fire detection
systems as excess equipment on board vessels if the system is listed
and labeled by a Nationally Recognized Testing Laboratory (NRTL). This
final rule adds 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.
---------------------------------------------------------------------------
\5\ 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, accessed January 23, 2024.
---------------------------------------------------------------------------
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; \6\ however, this clause was mistakenly left out for public
nautical school ships and sailing school ships in 46 CFR subchapter R.
This final rule corrects the oversight.
---------------------------------------------------------------------------
\6\ 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 final rule corrects those errors.
Foam Testing
Tank vessels and MODUs fitted with deck foam systems are required
by 46 CFR 31.10-18(c) and 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 final rule adds 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 increases the number of companies
available to test firefighting foam properties. This final rule also
aligns with SOLAS requirements and codifies CG-ENG Policy Letter 01-20,
Third Party Foam Concentrate Analysis.\7\
---------------------------------------------------------------------------
\7\ U.S. Coast Guard, CG-ENG Policy Letter 01-20 Third Party
Foam Concentrate 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, accessed January
23, 2024.
---------------------------------------------------------------------------
Hydrostatic Testing for Inert Gas Cylinders
This final rule changes 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 aligns the hydrostatic testing intervals
for inert gas fire extinguishing system bottles with the intervals for
carbon dioxide and halocarbon 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 or halocarbon extinguishing system bottles. Further,
this change reduces servicing costs for vessel owners or operators
without increasing risk.
MODU Lifesaving Appliance Release Mechanism
Per 46 CFR 108.570(c)(3), single fall lifeboats also serving as
rescue boats on board MODUs are required to have an automatic release
mechanism approved
[[Page 76681]]
under approval series 46 CFR subpart 160.170 rather than a lifeboat
release mechanism (non-automatic). This final rule adds an option in 46
CFR 108.570(c)(3) to allow single fall lifeboats also serving as rescue
boats on board MODUs to have lifeboat release mechanisms (non-
automatic) or automatic release mechanisms. This allows owners and
operators of MODUs the choice to select from a broader range of
equipment options available to non-SOLAS lifeboat and rescue boat-
releasing mechanisms. This change aligns 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 ASTM E84 standard and meet
required flame spread and smoke development ratings. However, plastic
piping is already required to be approved by the Coast Guard under 46
CFR subpart 164.141 to meet flame spread and smoke and toxicity
requirements under the FTP code. Although the test apparatus and
procedures differ, the same material properties are tested. 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.
Therefore, the Coast Guard is removing the requirement to test
nonmetallic pipes under the ASTM E84 standard and to 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 pursuant to 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 (see 46 CFR 162.107-3(r)). This final rule amends 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 final rule aligns
our regulations for pressure-vacuum relief valves with SOLAS
requirements. This final rule also amends 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 final rule revises the
regulations for survival craft and rescue boats (46 CFR subparts
160.135 and 160.156) to incorporate by reference IMO MSC/Circular 1006,
``Guidelines on Fire Test Procedures for Acceptance of Fire-Retardant
Materials for the Construction of Lifeboats,'' \8\ an international
standard for fire retardant resins that is already incorporated by
reference in 46 CFR subpart 164.120. This final rule deletes 46 CFR
subpart 164.120 and adds a review of fire-retardant resins in 46 CFR
subparts 160.135 and 160.156. The Coast Guard will no longer maintain a
list of accepted resins. Currently, there are 15 standards (4 ISO and
11 ASTM) incorporated by reference in 46 CFR 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.
---------------------------------------------------------------------------
\8\ IMO 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 an 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 final rule deletes the obsolete requirement for SCBAs on
inspected vessels to be approved by MSHA and aligns 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 (81 FR 48219), published on July 22,
2016, 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 final rule adds 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 final rule also harmonizes 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 final rule removes prescriptive design requirements of safety
devices for lifeboat, rescue boat, and liferaft winches, and aligns 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, which requires a safety
device to prevent overstressing the falls, but does not prescribe that
the device must be a limit switch. The Coast Guard is removing this
prescriptive design requirement and aligning the safety device
requirement with the LSA Code. This final rule allows launching
appliance manufacturers to use different technologies to achieve the
safety performance criteria of the LSA Code.
[[Page 76682]]
VI. Incorporation by Reference
Material for IBR appears in 46 CFR 39.1005, 39.2011, 160.135-5,
160.135-7, 160.156-5, 160.156-7, 160.171-3, 160.171-17, 160.174-3,
160.174-17, 162.017-1, and 162.017-3. The standards are summarized in
section VII. 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 Sec. Sec. 39.1005, 160.135-5, 160.156-5, 160.171-3,
160.174-3, and 162.017-1. The following standards have already been
approved for the locations where they appear in the amendatory text,
and there will be no change to the incorporation by reference: SOLAS,
Chapter II-2, National Fire Protection Association (NFPA) 2001, and the
Fire Test Procedures (FTP) Code.
VII. Regulatory Analyses
We developed this final rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review), as amended
by Executive Order 14094 (Modernizing Regulatory Review), and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
The Office of Management and Budget (OMB) has not designated this
final rule a significant regulatory action under section 3(f) of
Executive Order 12866, as amended by Executive Order 14094. This final
rule will result in additional cost savings to industry with no
reduction or change in safety benefits. Details on the estimated cost
savings of this final rule can be found in the RA that follows.
The Coast Guard received one public comment on the affected
population in the RA for the proposed rule. The commenter stated that
in the NPRM, the RA did not provide clarity on whether the population
included floating OCS facilities. We excluded floating OCS facilities
because the proposed change is not applicable to floating OCS
facilities and we addressed the comment in the RA of this final rule by
clarifying the population of vessels carrying lifeboats (see table 7).
We discuss our response to this comment in section IV., Discussion of
Comments, in the preamble of this final rule. We are incorporating the
commenter's suggestions into the RA for this final rule in the section
discussing end-for-ending launching appliance falls (see table 7).
Table 2--Summary of Changes to the RA From the NPRM to the Final Rule
----------------------------------------------------------------------------------------------------------------
Resulting change
Description NPRM Final rule Reason for change in RA
----------------------------------------------------------------------------------------------------------------
Affected population of U.S.- The Coast Guard In the final rule, Based on public The increase in
flagged vessels. estimated that the we revised this comment, we the affected
proposed rule estimate to 442 revised this population of
would affect 435 vessels. estimate using a vessels carrying
vessels carrying new data pull. lifeboats
lifeboats. increases the
cost savings.
46 CFR 116.400(c).............. The Coast Guard In the final rule, Based on public No impact;
intended to we revised the comment, we clarification.
clarify the referenced determined the
stairwell citation to proposed text
structural fire eliminate change
protection and unnecessary case- unintentionally
means of egress by-case required case-by-
requirements for evaluations for case evaluation
46 CFR subchapter certain vessels. for certain
K vessels. vessels.
----------------------------------------------------------------------------------------------------------------
The Coast Guard is revising 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
revisions 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 final rule
removes obsolete sections and aligns conflicting sections with codes
associated with SOLAS. The quantified cost savings of this final rule
is 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 3 provides a summary of the impacts of this final
rule.
Table 3--Summary of Impacts of the Final 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............... 588 U.S.-flagged vessels:
132 carrying foam fire
extinguishing systems,
14 carrying inert gas
bottles, and
442 carrying lifeboats.
Costs............................. There will be no costs to industry
or the Federal Government because
this final rule reduces burden and
generates 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, IBRs, and outdated
references; and (2) updating
standards to align with SOLAS,
related regulations, and current
industry practice.
[[Page 76683]]
Cost savings (7% discount rate)*.. Cost savings to industry:
10-year: $2,532,521.
Annualized: $360,574.
------------------------------------------------------------------------
* Totals may not sum due to independent rounding.
Regulatory Changes of the Final Rule by CFR Subparts and Sections
Table 4 presents regulatory changes with an assessment of the
economic impact of the changes to titles 33 and 46 of the CFR. The
table shows the category of each change, descriptions of the changes,
affected CFR subparts and sections, and the economic impact (cost
savings or no impact) from the changes.
Table 4--Regulatory Changes of the Final Rule by CFR Subparts and Sections
----------------------------------------------------------------------------------------------------------------
Affected CFR subparts
Equipment involved or type of change Changes and sections Economic impact
----------------------------------------------------------------------------------------------------------------
CFR References and Changes to IBRs.. 1. Deletes references to 46 CFR 115.810(b)(1), No impact; editorial.
outdated IBRs and 46 CFR 118.500(d), 46
corrects improper IBRs CFR 160.171-3, 46 CFR
in regulation text. 2. 160.174-3, 46 CFR
Corrects improper CFR 161.002-18(a)(3), 46
references. 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).
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
3. Deletes repetitive subpart 162.017, 46
words and wording. CFR 181.500(b).
Electronic Submissions.............. 1. Adds option to submit 46 CFR 2.75-10(b), 46 No impact; aligns with
equipment approval CFR 159.001-5, 46 CFR current industry
materials 160.115-9(b), 46 CFR practice. Over the
electronically. 2. 160.115-13(g)(2), 46 past 5 years, the
Removes requirement for CFR 160.132-9(b), 46 Coast Guard has
multiple copies of CFR 160.132-13(g)(2), received 99.2 percent
submissions for 46 CFR 160.133-9(b), of the submissions
equipment approval, if 46 CFR 160.133- electronically. So,
submitted 13(g)(2), 46 CFR this final rule
electronically. 160.135-9(b), 46 CFR codifies the use of
160.135-13(g)(2), 46 electronic submission.
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 Appliance 1. Removes requirement 46 CFR 109.301(j), 46 Cost savings; reduces
Falls. for ``end-for-ending'' CFR 199.190(j). testing burdens by
for launching appliance allowing owners and
falls, to align with operators to replace
SOLAS. 2. Revises the falls every 5
interval for launching years without the end-
appliance falls for-ending
replacement to 5 years. requirement.
EPIRB............................... Aligns Coast Guard 46 CFR 161.011-1, 46 No impact; aligns with,
acceptance of EPIRBs in CFR 161.011-5, 46 CFR current industry
46 CFR with Federal 161.011-10. practice.
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 No impact; aligns with
approval series, Sec. CFR 77.40-1(h), 46 CFR current industry
163.002, and associated 96.40-1(h), 46 CFR practice.
references in various 108.719(h), 46 CFR
subchapters. subpart 163.002, 46
CFR 195.40-1(h).
Fire Protection and Other Conforming 1. Corrects fire 46 CFR 34.10-90(a)(3), No impact; editorial
Amendments. extinguisher ratings. 46 CFR 34.50-10(a), 46 and aligns with
2. Clarifies fire CFR 76.50-10(a), 46 current industry
extinguisher CFR 95.50-10(a), 46 practice.
quantities. 3. Adds CFR 105.14(a), 46 CFR
option to allow use of 108.103, 46 CFR
nationally recognized 108.489(a)(3), 46 CFR
testing laboratory 118.500(c), 46 CFR
(NRTL) listed and 167.45-40, 46 CFR
labeled fire detection 167.45-65, 46 CFR
systems as excess 167.45-70, 46 CFR
equipment for MODUs. 4. 167.45-71, 46 CFR
Adds grandfathering 167.45-75, 46 CFR
provision for fire 169.567(a), 46 CFR
extinguishers for 169.568.
public nautical school
ships and sailing
school ships.
[[Page 76684]]
Foam Testing........................ 1. Adds option for third- 46 CFR 31.10-18(c), 46 Cost savings; reduces
party testing for foam CFR 107.235(b)(4). testing burdens via
concentrates. 2. Aligns the use of other test
testing processes with alternatives from the
requirements in SOLAS third party.
and Coast Guard Office
of Design and
Engineering Standards
(CG-ENG) Policy Letter
01-20, Third Party Foam
Concentrate Analysis.
Hydrostatic Testing for Inert Gas Revises hydrostatic 46 CFR 147.66(a), 46 Cost savings; changes
Cylinders. testing requirements CFR 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 46 CFR 108.570(c)(3)... No impact; editorial
Mechanism. CFR subchapter I-A to and aligns with
allow lifeboats also current industry
serving as a rescue practice.
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.
Pressure-Vacuum Relief Valves....... 1. Revises requirements 46 CFR 39.1005, 46 CFR No impact; editorial
for approving pressure- 39.2011(b)(1), 46 CFR and aligns with
vacuum relief valves. 162.017-1, 46 CFR current industry
2. Updates IBR edition. 162.017-2, 46 CFR practice.
162.017-3(n), 46 CFR
162.017-3(r), 46 CFR
162.017-6.
Resins for Lifeboats and Rescue Removes approval series 46 CFR 160.135-5(d), 46 No impact; editorial.
Boats. for fire-retardant CFR 160.135-
resins and incorporates 7(b)(3)(iv)(A), 46 CFR
approval of these 160.156-5(d), 46 CFR
resins into approvals 160.156-7(b)(3)(iv)(A)
for lifeboats and , 46 CFR subpart
rescue boats. 164.120.
Self-Contained Breathing Apparatus.. Removes obsolete 46 CFR 35.30-20(c)(1), No impact; editorial.
requirement for MSHA 46 CFR 77.35-5(b), 46
approval for SCBAs. 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).
Stairwell Structural Fire Protection Clarifies the stairwell 46 CFR 116.400(c)...... No impact; editorial.
and Means of Egress. structural fire
protection and means of
egress requirements for
46 CFR subchapter K
vessels.
Winches and Davits.................. 1. Removes prescriptive 46 CFR 160.115- No impact; editorial.
design requirements for 7(b)(6)(vi).
winch and davit safety
devices under the LSA
Code. 2. Aligns the
safety device
requirement with the
LSA Code.
----------------------------------------------------------------------------------------------------------------
Affected Population
For this final 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. Based on MISLE database
information from October 2023, and as noted in table 3, the total
number of affected vessels is 588, made up of 132 vessels carrying foam
fire-extinguishing systems, 14 vessels carrying inert gas bottles, and
442 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
also carry lifeboats. For the purposes of our cost analysis, however,
we assume there is no overlap.
Cost Analysis
This final rule imposes no cost on industry because it eliminates
outdated requirements and reduces inspection and testing requirements
on certain safety equipment required on board vessels and offshore
units or facilities. As a result, this final rule generates cost
savings to the industry. The cost savings are 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 final 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 final rule 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 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. The testing is
required before the inspection for certification and periodic
inspection, which 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-extinguishing 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
[[Page 76685]]
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 5 presents the baseline total undiscounted cost
for fire extinguishing foam testing.
Table 5--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
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 of 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 once every 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 testing
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.\9\
---------------------------------------------------------------------------
\9\ 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, accessed
January 23, 2024.
---------------------------------------------------------------------------
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. We found no bottles that had a capacity of more than 125
pounds of equivalent water capacity in our population.
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 6
presents the baseline total undiscounted cost for inert gas cylinders.
Table 6--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
[[Page 76686]]
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 (wire ropes) every 5 years,
according to 46 CFR 109.301 and 199.190. According to current
regulations, these falls 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
442 U.S.-flagged vessels that carry lifeboats.
Table 7--U.S.-Flagged Vessel Population by Inspection Subchapter for
Lifeboats
------------------------------------------------------------------------
Subchapter Description Population
------------------------------------------------------------------------
D.............................. Tank Vessels........... 20
H.............................. Passenger Vessels 3
(>=100 gross tons).
I.............................. Cargo and Miscellaneous 311
Vessels.
I-A............................ Mobile Offshore 1
Drilling Units (MODUs).
K.............................. Small Passenger Vessels 5
Carrying More Than 49
Passengers.
M.............................. Towing Vessels......... 45
O & D Combination (tank barge Combination Bulk Cargo- 19
or freight barge). including chemicals.
R.............................. Nautical Schools....... 8
U.............................. Oceanographic Research 17
Vessels.
T.............................. Small Passenger Vessels 13
(under 100 gross tons).
---------------
Total...................... ....................... 442
------------------------------------------------------------------------
Each affected vessel has 2 lifeboats on board; therefore, we
estimate there are 884 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
884. The total annual cost to turn falls end-for-end 2.5 years after
installation for 884 lifeboat wire falls is about $353,600. 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 884 lifeboat wire falls require turning. We then multiply
the result (884 x 0.20) by the cost per turning ($2,000). Table 8
presents the baseline total undiscounted cost for lifeboat wire falls.
Table 8--Baseline Cost for Lifeboat Wire Falls
----------------------------------------------------------------------------------------------------------------
Lifeboat wire falls
Period population for each Cost per turning Total cost
period
(A) (B) (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
1.................................................. 884 x (0.20) $2,000 $353,600
2.................................................. 884 x (0.20) 2,000 353,600
3.................................................. 884 x (0.20) 2,000 353,600
4.................................................. 884 x (0.20) 2,000 353,600
5.................................................. 884 x (0.20) 2,000 353,600
6.................................................. 884 x (0.20) 2,000 353,600
7.................................................. 884 x (0.20) 2,000 353,600
8.................................................. 884 x (0.20) 2,000 353,600
9.................................................. 884 x (0.20) 2,000 353,600
10................................................. 884 x (0.20) 2,000 353,600
------------------------------------------------------------
Total.......................................... ..................... .................. 3,536,000
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
[[Page 76687]]
We estimate the baseline total undiscounted cost to owners and
operators of U.S.-flagged vessels for all three items to be about
$3,922,780 ($79,200 + $3,536,000 + $307,580) (see table 9).
Table 9--Summary of Baseline Costs Associated With Each Item
----------------------------------------------------------------------------------------------------------------
Lifeboat wire Inert gas Undiscounted
Period Foam testing falls testing cost
----------------------------------------------------------------------------------------------------------------
1............................................. $7,920 $353,600 $30,758 $392,278
2............................................. 7,920 353,600 30,758 392,278
3............................................. 7,920 353,600 30,758 392,278
4............................................. 7,920 353,600 30,758 392,278
5............................................. 7,920 353,600 30,758 392,278
6............................................. 7,920 353,600 30,758 392,278
7............................................. 7,920 353,600 30,758 392,278
8............................................. 7,920 353,600 30,758 392,278
9............................................. 7,920 353,600 30,758 392,278
10............................................ 7,920 353,600 30,758 392,278
-----------------------------------------------------------------
Total..................................... 79,200 3,5360,000 307,580 3,922,780
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
This final rule generates cost savings as follows:
Cost Savings
The cost savings originate from eliminating outdated requirements,
reducing inspection, and testing requirements, and updating standards.
The cost savings of this final rule are associated with three items:
testing concentrates for fixed-foam fire-extinguishing 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 allows for increased availability
in the number of companies able to test firefighting foam systems.
In this final rule, a Coast Guard-accepted independent laboratory,
in place of a manufacturer, is permitted to perform the foam fire-
extinguishing concentrates test. The charge for this service will be
about $115 per system.\10\ This results in a total annual cost of
$6,072. 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 projected cost per test ($115)
(see table 10).
---------------------------------------------------------------------------
\10\ This price was obtained from the industry.
Table 10--Cost Change for Foam Testing
----------------------------------------------------------------------------------------------------------------
Foam testing
Period population for each Cost per test Total cost
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 per-unit cost for firefighting foam testing
of $150 when performed by a manufacturer with the projected per-unit
cost of $115 when performed by a third party. We estimate the per-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 5 and 9).
Therefore, the cost savings per year are about $1,848 ($7,920-$6,072),
and the total cost savings for the firefighting foam testing part of
this final rule are
[[Page 76688]]
about $18,480 ($79,200-$60,720), undiscounted (see table 11).
Table 11--Net Cost Savings for Foam Testing
----------------------------------------------------------------------------------------------------------------
Baseline cost
Period * Cost ** Total cost 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 5.
** Table 10.
Hydrostatic Testing for Inert Gas Cylinders
We are changing the hydrostatic testing interval of all inert gas
firefighting extinguishing system bottles from the current requirement
of once every 10 years or once every 5 years, depending on size, 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 are from less frequent testing of inert gas
bottles. For vessels with inert gas bottles less than 125 pounds, the
test interval will 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 will 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
years to once every 12 years. The total annual cost of hydrostatic
testing for inert gas cylinders are 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 require testing. We then multiply the result
(169 x 0.083) by the cost per test ($1,820) (see table 12). As a
result, vessel owners and operators will save $51,260 ($307,580--
$256,320) in testing costs over a 10-year period (see table 13).
Table 12--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 13--Net Cost Savings for Inert Gas Cylinders
----------------------------------------------------------------------------------------------------------------
Baseline cost
Period * Cost ** Total 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
[[Page 76689]]
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 6.
** Table 12.
End-for-Ending Launching Appliance Falls
The Coast Guard is revising 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 savings are from eliminating the requirement to turn the
ropes end-for-end every 2.5 years over a 10-year period of analysis. As
shown in table 8, the annual cost to turn falls end-for-end 2.5 years
after installation for 884 lifeboat wire falls is about $353,600 (884 x
0.20 x $2,000). This results in cost savings for vessel owners and
operators of about $3,536,000 ($353,600 x 10-year period) for the 442
U.S.-flagged vessels that have lifeboats on board. See table 14.
Table 14--Net Cost Savings for Lifeboat Wire Falls
----------------------------------------------------------------------------------------------------------------
Baseline cost
Period * Cost Total cost saving
(A) (B) (C) = (A)-(B)
----------------------------------------------------------------------------------------------------------------
1......................................................... $353,600 $0 $353,600
2......................................................... 353,600 0 353,600
3......................................................... 353,600 0 353,600
4......................................................... 353,600 0 353,600
5......................................................... 353,600 0 353,600
6......................................................... 353,600 0 353,600
7......................................................... 353,600 0 353,600
8......................................................... 353,600 0 353,600
9......................................................... 353,600 0 353,600
10........................................................ 353,600 0 353,600
-----------------------------------------------------
Total................................................. 3,536,000 0 3,536,000
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 8.
Table 15 shows the total cost savings for owners and operators of
U.S.-flagged vessels to be about $3.6 million, undiscounted, over a 10-
year period of analysis. We estimate the total present value or
discounted cost savings of this final 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 $360,574 at each discount rate.
Table 15--Summary of Cost Savings of the Final 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 $353,600 $360,574 $336,985 $350,072
2....................................................... 1,848 5,126 353,600 360,574 314,939 339,876
3....................................................... 1,848 5,126 353,600 360,574 294,336 329,976
4....................................................... 1,848 5,126 353,600 360,574 275,080 320,365
5....................................................... 1,848 5,126 353,600 360,574 257,084 311,034
6....................................................... 1,848 5,126 353,600 360,574 240,266 301,975
7....................................................... 1,848 5,126 353,600 360,574 224,547 293,180
8....................................................... 1,848 5,126 353,600 360,574 209,857 284,640
9....................................................... 1,848 5,126 353,600 360,574 196,128 276,350
10...................................................... 1,848 5,126 353,600 360,574 183,298 268,301
-----------------------------------------------------------------------------------------------
[[Page 76690]]
Total............................................... 18,480 51,260 3,536,000 3,605,740 2,532,521 3,075,769
Annualized.......................................... .............. .............. .............. .............. 360,574 360,574
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 11.
** Table 13.
*** Table 14.
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
their files, and to forward the third copy to the cognizant OCMI.
However, current industry practice is for manufacturers to submit their
applications electronically, get them stamped electronically, and then
distributed as described above. With this final rule, the Coast Guard
is providing, in regulations, an option for submitting plans
electronically. There are several sections 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).
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.
Consequently, this final rule adds an option for manufacturers to
submit their applications and type approval materials electronically,
to codify the current industry practice. There is no change in the
hourly burden estimate and no impact to the information collection
request.
Benefits
This final rule generates qualitative benefits. It reduces
confusion and provides flexibility to industry by allowing third-party
testing for certain safety equipment required on board vessels and
offshore units or facilities. It also provides regulatory clarity by
removing obsolete regulations, such as the MSHA approval for SCBAs for
firefighters, and through updating standards to align with SOLAS.
Alternatives
The Coast Guard considered three alternatives to the final rule, as
follows.
Alternative 1: No-Action Alternative
Under this alternative, the Coast Guard would have retained the
status quo and not incorporate by reference industry standards into the
CFR. This alternative would not have aligned conflicting sections of
the CFR with SOLAS and related regulations. Furthermore, it would not
have reduced the burden to industry, and would not have allowed 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 have issued a NVIC or
policy 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 have
updated the CFR, and the process of obtaining an equivalency test would
still be needed. The Coast Guard rejected this alternative because
industry would not benefit from current standards, 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 revises the regulations in
33 CFR chapter I and 46 CFR chapter I. This is the preferred
alternative because it updates current standards and aligns conflicting
sections of the CFR with SOLAS and related regulations, eliminates
outdated standards, and reduces inspection and testing requirements.
This alternative also allows the Coast Guard to perform retrospective
reviews and updates to the regulations.
This alternative also reduces the workload for vessel owners and
operators by extending testing or maintenance intervals and expanding
the range of allowable testers for three items: inert gas bottles, foam
fire-extinguishing systems, and lifeboat launching appliances falls
(wire ropes). In turn, this alternative generates 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 rule will 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 final rule to generate cost savings for vessel
owners and operators who own vessels that carry lifeboats, bottles of
inert gas, and foam fire-extinguishing systems. The cost savings are
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 for vessel owners and operators
who own vessels that carry foam fire-extinguishing systems are from
allowing a third party to test the firefighting foam concentrates.
Using the Coast Guard's MISLE database, we found this final rule
affects 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 that the remaining 155 companies own 296 vessels.
Based on publicly available information from the online database
``ReferenceUSAgov'' and other online searches of companies,\11\ we
found
[[Page 76691]]
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.\12\ We did
not find information on the remaining 81 companies; therefore, we
assumed these companies were small entities.
---------------------------------------------------------------------------
\11\ 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; accessed January 29,
2024.
\12\ https://www.sba.gov/document/support--table-size-standards;
effective December 19, 2022, accessed January 29, 2024.
---------------------------------------------------------------------------
Overall, we assume there are a total of 132 small entities (51 +
81) out of 155 companies that were named in the MISLE database, or
approximately 85 percent. If we add the number of small entities that
we could confirm are small entities 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 final rule.
For cost savings purposes, we differentiated 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 affect the savings for each
vessel (see table 16). 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 there are 367 small entities. Out of the
367 small entities, we found that 68 small entities own vessels that
carry only foam fire-extinguishing systems. As described in the RA
earlier, the cost savings for foam fire-extinguishing systems is about
$35 for each vessel, and the foam fire-extinguishing systems will be
tested 4 times during the analysis period. These small entities will
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 of these small entities will 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 8 small entities own
vessels carrying only inert gas bottles; there are 58 inert gas bottles
on these vessels.\13\ As presented in the RA earlier, the annual cost
savings on inert gas tests is $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 is $1,740 [58 (number
of inert gas bottles) x $30 (annual cost savings per inert gas
bottle)]. These 8 small entities will save, on average, about $218
($1,740 / 8) annually per entity per vessel.
---------------------------------------------------------------------------
\13\ 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-extinguishing
systems and lifeboats. As presented in the previous paragraphs, the
annual cost savings per entity for the foam fire-extinguishing systems
is $14, and the annual cost saving per entity for fall wire ropes is
$800. Therefore, these 36 small entities will 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 is $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 is $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 is $1,780 ($180 + $1,600) and these 2
small entities will each save, on average, about $890 ($1,780 / 2).
Lastly, based on MISLE's data and the small entity analysis we
presented previously in the NPRM, 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 is $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 is $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-
extinguishing systems is $28 [2 (number of entities) x $14 (cost
savings per foam fire-extinguishing systems) = $28]. Therefore, the
annual cost savings for these 2 entities is $4,628 ($3,000 + $1,600 +
$28), and we estimate these 2 small entities will save, on average,
about $2,314 ($4,628 / 2 entities) annually per entity per vessel.
Table 16 shows the cost savings for small entities with each of the
six different combinations of equipment described in the previous
paragraphs.
Table 16--Summary of the Annual Cost Savings per Entity per Vessel of the Final Rule
----------------------------------------------------------------------------------------------------------------
Cost saving
Item Number of per entity per Cost saving per
small entities vessel 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
----------------------------------------------------------------------------------------------------------------
[[Page 76692]]
From these 6 different combinations, the range of the annual cost
savings that we estimate for small entities per vessel in this analysis
is between $14 and $2,314, and the total annual cost savings for the
small entities is about $239,208. Table 17 shows the cost savings per
revenue for the small entities for which we had revenue information.
Table 17--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.............. ..............
Cost Savings per Small Entity... $28................ $1,600............. $436............... $1,628............. $1,780............ ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 17) by the number of vessels owned by each
entity or 2, yields 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 is less than 1 percent of annual revenue. Based on this
analysis, we found that 100 percent of the small entities with known
revenues impacted by this final rule (all 51 entities) will have a cost
savings that is less than 1 percent of their annual revenue. The Coast
Guard's economic analysis concluded that these changes generate cost
savings and do not impose a significant impact on any entities affected
by this final rule.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this final rule will not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this final rule has 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 final rule will
economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This final rule calls 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 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 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 final 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 final 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
[[Page 76693]]
process. If you believe this final rule has 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 $100,000,000 (adjusted for
inflation) or more in any one year. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This final rule will not cause a taking of private property or
otherwise have taking implications under Executive Order 12630
(Governmental Actions and Interference with Constitutionally Protected
Property Rights).
H. Civil Justice Reform
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988 (Civil Justice Reform) to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this final rule under Executive Order 13045
(Protection of Children from Environmental Health Risks and Safety
Risks). This rule is not an economically significant rule and will not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This final rule does not have Tribal implications under Executive
Order 13175 (Consultation and Coordination with Indian Tribal
Governments), because it will not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
K. Energy Effects
We have analyzed this final rule under Executive Order 13211
(Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (for example,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This final rule uses the following technical and voluntary
consensus standards: ASTM D975-14, IMO MSC/Circular 1006, and ISO
15364. The sections that reference these standards and the locations
where these standards are available are listed in 46 CFR 39.1005,
160.135-5, 160.156-5, 160.171-3, 160.174-3, and 162.017-1.
These standards provide internationally accepted and recognized
parameters that equipment and material must meet to ensure its safety,
proper usage, and preservation on the seas. The standards that will be
incorporated were developed by either the ASTM, IMO, or ISO, which are
voluntary consensus standard-setting organizations.
One ASTM standard will 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 defines the grade of fuel necessary to perform a test
for oil resistance.
One IMO standard will 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 will 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 final rule under DHS Management Directive
023-01, Rev. 1, associated implementing instructions, and Environmental
Planning COMDTINST 5090.1 (series), which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4370f), and have made a determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. This final rule is 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 final rule revises regulations associated with the approval,
carriage, and maintenance of certain safety equipment required on board
vessels
[[Page 76694]]
and offshore units or facilities. Some of these revisions are editorial
or procedural actions that 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. This final rule supports the Maritime
Safety mission of the Coast Guard.
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.
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, Incorporation by reference, 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, Incorporation 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 amends
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:
Authority: 33 U.S.C. 1504, 1509; DHS Delegation No. 00170.1,
Revision No. 01.4.
0
2. Amend Sec. 149.410 by revising the section heading and the
introductory text to read as follows:
Sec. 149.410 Location and number of fire extinguishers required for
manned deepwater ports constructed before 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:
[[Page 76695]]
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. 01.4; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec.
1-105.
0
4. Amend Sec. 2.75-10 by revising paragraph (b) and adding paragraph
(c) 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. 01.4. Section 31.10-21 also
issued under the authority of Sect. 4109, Pub. L. 101-380, 104 Stat.
515.
0
6. Amend Sec. 31.10-18 by revising paragraph (c) to read as follows:
Sec. 31.10-18 Firefighting equipment: General--TB/ALL.
* * * * *
(c) Deck foam systems must be tested at the inspection for
certification and the periodic inspection by discharging foam for
approximately 15 seconds from any nozzle designated by the marine
inspector. It is not required to deliver foam from all foam outlets,
but all lines and nozzles must be tested with water to prove they are
clear of obstruction. Before the inspection for certification and
periodic inspection of deck foam systems utilizing a mechanical foam
system, a representative sample of the foam concentrate must be
submitted to the manufacturer, or its authorized representative, or an
independent laboratory accepted for this purpose by the Coast Guard,
who will issue a certificate indicating gravity, pH, percentage of
water dilution, and solid content.
* * * * *
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. 01.4; 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--FIREFIGHTING 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.
01.4.
0
10. Amend Sec. 34.10-90 by revising paragraph (a)(3) to read as
follows:
Sec. 34.10-90 Installations contracted for prior to May 26, 1965--T/
ALL.
(a) * * *
(3) Tankships of less than 500 gross tons shall be equipped with an
efficient hand pump capable of delivering 50 gallons per minute or a
power-driven pump of equivalent capacity. However, on tankships of 20
gross tons or under, where it is impracticable to install a hand or
power-operated fire pump, or on tankships with only one man in the
crew, at least one additional 40-B fire extinguisher may be accepted in
lieu of a fire pump.
* * * * *
0
11. Amend Sec. 34.50-10:
0
a. In paragraph (a), by removing the text ``table 34.50-10(a) of this
section'', wherever it appears, and adding in its place the text
``table 1 to Sec. 34.50-10(a)'';
0
b. In paragraph (h), by removing the text ``Table 34.50-10(a) of this
section'' and adding in its place the text ``Table 1 to Sec. 34.50--
10(a)''; and
0
c. In the table following paragraph (h) by:
0
i. Redesignating the table as table 1 to Sec. 34.50-10(a); and
0
ii. Revising and republishing table 1 to Sec. 34.50-10(a).
The revision reads as follows:
Sec. 34.50-10 Location, number, and installation of fire
extinguishers--TB/ALL.
* * * * *
(a) * * *
Table 1 to Sec. 34.50-10(a)--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
Tank ships Tank barges
----------------------------------------------------- ----------------------------------------
Minimum required Area Minimum required Quantity and
Quantity and location rating rating location
----------------------------------------------------------------------------------------------------------------
Safety Areas
----------------------------------------------------------------------------------------------------------------
1 required.................... 20-B:C.............. Wheelhouse and .................... None required.
chartroom areas.
1 required in the vicinity of 20-B:C \1\.......... Radio room....... .................... None required.
the exit.
----------------------------------------------------------------------------------------------------------------
Accommodation Areas
----------------------------------------------------------------------------------------------------------------
1 required in each main 2-A................. Staterooms, 2-A................. 1 required in the
passageway on each deck, toilet spaces, vicinity of the
conveniently located, and so public spaces, exit.
that no room is more than 75 offices, etc.,
ft from an extinguisher. and associated
lockers,
storerooms, and
pantries.
----------------------------------------------------------------------------------------------------------------
[[Page 76696]]
Service Areas
----------------------------------------------------------------------------------------------------------------
1 required for each 2,500 sq 40-B:C.............. Galleys.......... 40-B:C.............. 1 required,
ft or fraction thereof. suitable for the
hazard involved.
1 required for each 2,500 sq 40-B................ Stores areas, .................... None required.
ft or fraction thereof. including paint
and lamp rooms.
----------------------------------------------------------------------------------------------------------------
Machinery Area \2\
----------------------------------------------------------------------------------------------------------------
2 required \3\................ 40-B................ Spaces containing 40-B................ 1 required.\12\
oil fired
boilers, either
main or
auxiliary, or
any fuel oil
units subject to
the discharge
pressure of the
fuel oil service
pump.
and.................
1 required.................... 160-B \4\...........
1 required for each 1,000 40-B................ Spaces containing .................... None required.
brake horsepower; not less internal
than 2, not more than 6 \5\. combustion or
gas turbine
propulsion
machinery.
and.................
1 required \6\ \7\............ 120-B...............
1 required in the vicinity of 40-B................ Auxiliary spaces 40-B................ 1 required in the
the exit \7\. containing vicinity of the
internal exit.\7\ \9\
combustion or \12\
gas turbine
units.
1 required in the vicinity of 40-B:C.............. Auxiliary spaces .................... None required.
the exit \8\. containing
emergency
generators.
----------------------------------------------------------------------------------------------------------------
Cargo Areas
----------------------------------------------------------------------------------------------------------------
1 required in the lower 40-B................ Pumprooms........ 40-B................ 1 required in the
pumproom. vicinity of the
exit.\9\ \12\
None required................. .................... Cargo tank area.. 40-B................ 2 required.\10\
\12\ \13\
160-B............... 1 required.\9\
\11\
----------------------------------------------------------------------------------------------------------------
Spare Units
----------------------------------------------------------------------------------------------------------------
10 percent of required units 2-A................. ................. 2-A................. 10 percent of
rounded up. required units
rounded up.
10 percent of required units 40-B:C.............. ................. 40-B:C.............. 10 percent of
rounded up. required units
rounded up.
----------------------------------------------------------------------------------------------------------------
\1\ Vessels not on an international voyage may substitute two 5-B:C rated extinguishers.
\2\ A 40-B:C must be immediately available to the service generator and main switchboard areas, and further, a
40-B:C must be conveniently located not more than 50 feet (15.25 meters) walking distance from any point in
all main machinery operating spaces. These extinguishers need not be in addition to other required
extinguishers.
\3\ Vessels of fewer than 1,000 GT require 1.
\4\ Vessels of fewer than 1,000 GT may substitute 1 120-B:C.
\5\ Only 1 required for vessels under 65 ft in length.
\6\ If an oil-burning donkey boiler is fitted in the space, the 160-B:C previously required for the protection
of the boiler may be substituted. Not required where a fixed carbon dioxide system is installed.
\7\ Not required on vessels of fewer than 300 GT if the fuel has a flashpoint higher than 110 [deg]F.
\8\ Not required on vessels of fewer than 300 GT.
\9\ Not required if fixed system installed.
\10\ If no cargo pump on barge, only one 40-B:C required.
\11\ Manned barges of 100 GT and over only.
\12\ Not required on unmanned barges except during the transfer of cargo, or operation of barge machinery or
boilers when the barge is not underway.
\13\ An extinguisher brought on to unmanned barges during the transfer of cargo, or operation of barge machinery
or boilers does not have to be Coast Guard approved, provided it is approved by a nationally recognized
testing laboratory (NRTL) in accordance with 29 CFR 1910.7.
* * * * *
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. 01.4.
Sec. 35.30-20 [Amended]
0
13. Amend Sec. 35.30-20 by removing the text ``the Mine Safety and
Health Administration (MSHA) and by'' in paragraph (c)(1).
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. 01.4.
[[Page 76697]]
0
15. Amend Sec. 39.1005 by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraphs (g) through (i) as paragraphs (h) through
(j); and
0
c. Adding new paragraph (g).
The revision and addition 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 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 phone 41 22 749 01 11; 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. Amend Sec. 39.2011 by revising paragraph (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. 01.4.
0
18. Amend Sec. 56.60-25 by revising paragraph (a)(4) to read as
follows:
Sec. 56.60-25 Nonmetallic materials.
(a) * * *
(4) Plastic pipe fitting and bonding techniques must follow the
manufacturer's installation guidelines. Bonders must hold
certifications required by the manufacturer's guidelines and provide
documentation of current certification to the Marine Inspector when
requested.
* * * * *
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. 01.4.
0
20. Amend Sec. 76.50-10 by revising and republishing paragraphs (a)
and (b) to read as follows:
Sec. 76.50-10 Location.
(a) Approved portable and semi-portable extinguishers must be
installed in accordance with table 1 to 76.50-10(b). The location of
the equipment must be to the satisfaction of the Officer in Charge,
Marine Inspection. Nothing in this paragraph should be construed as
limiting the Officer in Charge, Marine Inspection, from requiring such
additional equipment as he or she deems necessary for the proper
protection of the vessel.
(b) Table 1 to 76.50-10(b) indicates the minimum required number
and type of extinguisher for each space listed. Extinguishers with
larger numerical ratings or multiple letter designations may be used if
the extinguishers meet the requirements of the table.
Table 1 to 76.50-10(b)--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.
Stairway and elevator .................... None required.
enclosures.
Communicating corridors..... 2-A................. 1 in each main
corridor in each
main vertical zone.
(May be located in
stairway
enclosures.)
Lifeboat embarkation and .................... None required.
lowering stations.
Radio room.................. 20-B:C \3\.......... 2 in the vicinity of
the exit.\2\
------------------------------------------------------------------------
Accommodations \1\
------------------------------------------------------------------------
Staterooms, toilet spaces, .................... None required.
isolated pantries, etc.
Offices, lockers, and .................... None required.
isolated storerooms.
Public spaces............... 2-A................. 1 for each 2,500 sq
ft or fraction
thereof located in
vicinity of the
exits, except that
none are required
for spaces under
500 sq ft.
Open decks or enclosed .................... None required.
promenades.
------------------------------------------------------------------------
[[Page 76698]]
Service Spaces
------------------------------------------------------------------------
Galleys..................... 40-B:C.............. 1 for each 2,500 sq
ft or fraction
thereof suitable
for hazards
involved.
Main pantries............... 2-A................. 1 for each 2,500 sq
ft or fraction
thereof located in
the vicinity of the
exits.
Motion picture booths and 10-B:C \3\.......... 1 outside in the
film lockers. vicinity of the
exit.
Paint and lamp rooms........ 40-B................ 1 outside space in
the vicinity of the
exit.
Inaccessible baggage, mail, .................... None required.
and specie rooms, and
storerooms.
Accessible baggage, mail, 2-A................. 1 for each 2,500 sq
and specie rooms, and ft or fraction
storerooms. thereof located in
the vicinity of the
exits, either
inside or outside
the spaces.
Refrigerated storerooms..... 2-A................. 1 for each 2,500 sq
ft or fraction
thereof located in
the vicinity of the
exits, outside the
spaces.
Carpenter, valet, 2-A................. 1 outside the space
photographic, printing in the vicinity of
shops sales rooms, etc.. the exit.
------------------------------------------------------------------------
Machinery Spaces
------------------------------------------------------------------------
Coal-fired boilers: Bunker .................... None required.
and boiler space.
Oil-fired boilers: Spaces, 40-B................ 2 required.\3\
containing oil fired 160-B............... 1 required.\4\
boilers, either main or
auxiliary, or their fuel
oil units.
Internal combustion or gas 40-B................ 1 for each 1,000
turbine propelling brake horsepower,
machinery spaces. but not less than 2
or more than 6.
120-B............... 1 required.\5\
Electric propulsive motors 40-B:C.............. 1 for each
or generators of open type. propulsion motor or
generator unit.
Enclosed ventilating systems .................... None required.
for motors and generators
of electric propelling
machinery.
Auxiliary spaces, internal 40-B................ 1 outside the space
combustion or gas turbine. in the vicinity of
the exit.\6\
Auxiliary spaces, electric 40-B:C.............. 1 outside the space
emergency motors or in the vicinity of
generators. the exit.\6\
Auxiliary spaces, steam..... .................... None required.
Trunks to machinery spaces.. .................... None required.
Fuel tanks.................. .................... None required.
------------------------------------------------------------------------
Cargo Spaces
------------------------------------------------------------------------
Inaccessible during voyage, .................... None required.
including trunks (excluding
tanks).
Accessible during voyage.... 2-A................. 1 for each 1,200 sq
ft or fraction
thereof.
Vehicular spaces (covered by 40-B................ 1, plus 1 for each
a sprinkler system). 6,000 sq ft or
fraction thereof.
Vehicular spaces (not 40-B................ 1, plus 1 for each
covered by a sprinkler 1,500 sq ft or
system). fraction
thereof.\7\
Cargo oil tanks............. .................... None required.
------------------------------------------------------------------------
Spare Units
------------------------------------------------------------------------
2-A................. 10 percent of the
required number for
public spaces
rounded up.
40-B................ 10 percent of the
required number for
cargo spaces
rounded up.
40-B:C.............. 1.
------------------------------------------------------------------------
\1\ In any case, on vessels of 150 feet (45.72 meters) in length and
over, there must be at least two 2-A units on each passenger deck.
\2\ For vessels on an international voyage, substitute 1 20-B:C in the
vicinity of the exit.
\3\ Vessels of less than 1,000 GT and not on an international voyage
require 1.
\4\ Vessels of less than 1,000 GT and not on an international voyage may
substitute one 120-B for one 160-B.
\5\ If an oil-burning donkey boiler is fitted in the space, the 160-B
previously required for the protection of the boiler room may be
substituted. Not required on vessels of less than 300 GT if the fuel
has a flashpoint of 110 [deg]F or lower except those on an
international voyage.
\6\ Not required on vessels of less than 300 GT if the fuel has a
flashpoint higher than 110 [deg]F.
\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. 01.4.
Sec. 77.35-5 [Amended]
0
22. Amend Sec. 77.35-5 by removing the text ``the Mine Safety and
Health Administration (MSHA) and'' in paragraph (b).
Sec. 77.40-1 [Amended]
0
23. Amend Sec. 77.40-1 by removing paragraph (h).
[[Page 76699]]
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. 01.4.
Sec. 95.50-10 [Amended]
0
25. Amend Sec. 95.50-10:
0
a. In paragraph (a), by removing the text ``Table 95.50-10(a) of this
section'' and adding in its place the text ``table 1 to Sec. 95.50-
10(b)''
0
b. In paragraph (b), by removing the text ``Table 95.50-10(a)'' and
adding in its place the text ``Table 1 to Sec. 95.50-10(b)''; and
0
c. Redesignating table 95.50-10(a) as table 1 to Sec. 95.50-10(b); and
0
d. In footnote 4 to newly redesignated table 1 to Sec. 95.50-10(b),
removing the text ``160-B'' and adding 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. 01.4.
Sec. 96.35-5 [Amended]
0
27. Amend Sec. 96.35-5 by removing the text ``the Mine Safety and
Health Administration (MSHA) and by'' in paragraph (b).
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.
01.4.
0
30. Amend Sec. 105.14 by revising paragraph (a) to read as follows:
Sec. 105.14 Fire Extinguishing Equipment.
(a) In addition to the extinguishers in the table to Sec. 28.160
of this chapter, 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. 01.4; Sec. 107.05 also issued
under the authority of 44 U.S.C. 3507.
0
32. Amend Sec. 107.235 by revising paragraph (b)(4) to read as
follows:
Sec. 107.235 Servicing of portable fire extinguishers, semi-portable
fire extinguishers and fixed fire extinguishing systems.
* * * * *
(b) * * *
(4) Foam, except premix systems: Discharge foam for approximately
15 seconds from a nozzle designated by the marine inspector. Discharge
water from all other lines and nozzles. Submit a sample of the foam
concentrate to the manufacturer or its authorized representative, or an
independent laboratory accepted for the purpose by the Coast Guard for
determination of specific gravity, pH, percentage of water dilution,
and solid content and for certification as a suitable firefighting
foam.
* * * * *
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. 01.4.
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 subchapter J of
this chapter, including the hazardous location electrical installation
regulations in Sec. 111.105 of this chapter; and
(3) Coast Guard plan review is completed for wiring plans.
0
35. Amend Sec. 108.489 by revising paragraph (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 designations may be used to meet this requirement.
* * * * *
0
36. Amend Sec. 108.495 by:
0
a. Removing the text ``Table 108.495 of this section'' and adding in
its place the text ``Table 1 to Sec. 108.495'' in the introductory
text;
0
b. Redesignating table 108.495 as table 1 to Sec. 108.459; and
0
c. Revising and republishing newly redesignated table 1 to Sec.
108.459.
The revision reads as follows:
Sec. 108.495 Locations and number of fire extinguishers required.
* * * * *
Table 1 to Sec. 108.495--Carriage of Portable Fire Extinguishers
------------------------------------------------------------------------
Minimum required Quantity and
Space rating location
------------------------------------------------------------------------
Safety Areas
------------------------------------------------------------------------
Wheelhouse and control room. 20-B:C.............. 2 in the vicinity of
the exit.
Stairway and elevator .................... None required.
enclosure.
[[Page 76700]]
Corridors................... 2-A................. 1 in each corridor
not more than 150
ft (45 m) apart.
(May be located in
stairways.)
Lifeboat embarkation and .................... None required.
lowering stations.
Radio room.................. 10-B:C.............. 2 in the vicinity of
the exit.
------------------------------------------------------------------------
Accommodations
------------------------------------------------------------------------
Staterooms, toilet spaces, .................... None required.
public spaces, offices,
lockers, small storerooms,
pantries, open decks, and
similar spaces.
------------------------------------------------------------------------
Service Spaces
------------------------------------------------------------------------
Galleys..................... 40-B:C.............. 1 for each 2,500 sq
ft (232.2 sq m) or
fraction thereof
suitable for the
hazards involved.
Paint and lamp rooms........ 40:B................ 1 outside each room
in the vicinity of
the exit.
Storerooms.................. 2-A................. 1 for each 2,500 sq
ft (232.2 sq m) or
fraction thereof
located in the
vicinity of the
exits, either
inside or outside
the spaces.
Workshop and similar spaces. 20-B:C.............. 1 outside each space
in the vicinity of
the exit.
------------------------------------------------------------------------
Machinery Spaces
------------------------------------------------------------------------
Oil-fired boilers: Spaces 40-B................ 2 required in each
containing oil-fired space.
boilers, either main or
auxiliary, or their fuel
oil units.
160-B............... 1 required in each
space. See note 1.
Internal combustion or gas 40-B................ 1 for each 1,000
turbine propelling brake horsepower
machinery spaces. but not less than 2
and not more than 6
in each space.
120-B............... 1 required in each
space. See note 1.
Motors or generators of 40-B:C.............. 1 for each motor or
electric propelling generator.
machinery that do not have
an enclosed ventilating
system.
Motors and generators of .................... None required.
electric propelling
machinery that have
enclosed ventilating
systems.
------------------------------------------------------------------------
Auxiliary Spaces
------------------------------------------------------------------------
Internal combustion engines 40-B................ 1 outside the space
or gas turbine. containing engines
or turbines in the
vicinity of the
exit.
Electric emergency motors or 40-B:C.............. 1 outside the space
generators. containing motors
or generators in
the vicinity of the
exit.
Steam driven auxiliary .................... None required.
machinery.
Trunks to machinery spaces.. .................... None required.
Fuel tanks.................. .................... None required.
------------------------------------------------------------------------
Miscellaneous Areas
------------------------------------------------------------------------
Helicopter landing decks.... 160-B............... 1 at each access
route.
Helicopter fueling 160-B............... 1 at each fuel
facilities. transfer facility.
See note 2.
Drill floor................. 40-B:C.............. 2 required.
Cranes with internal 40-B:C.............. 1 required.
combustion engines.
------------------------------------------------------------------------
Spare Units
------------------------------------------------------------------------
2-A................. 10 percent of the
total required
rounded up.
40-B:C.............. 10 percent of the
total required
rounded up.
------------------------------------------------------------------------
\1\ Not required where a fixed gas extinguishing system is installed.
\2\ Not required where a fixed foam system is installed in accordance
with Sec. 108.489.
Sec. 108.497 [Amended]
0
37. Amend Sec. 108.497 by removing the text ``the Mine Safety and
Health Administration (MSHA) and by'' in paragraph (a).
Sec. 108.570 [Amended]
0
38. Amend Sec. 108.570 by removing the word ``must'' and adding in its
place the word ``may'' in paragraph (c)(3).
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. 01.4.
0
41. Amend Sec. 109.301 by revising paragraph (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
[[Page 76701]]
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
Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.
Sec. 115.810 [Amended]
0
43. Amend Sec. 115.810 by removing the text ``Chapter 4 of'' in
paragraph (b)(1).
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. 01.4.
0
45. Amend Sec. 116.400 by revising paragraph (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 of this chapter), when combined with the
requirements in Sec. 116.438, may be considered equivalent to the
provisions of this subpart.
0
46. Amend Sec. 116.405 by revising paragraph (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. 01.4.
Sec. 118.500 [Amended]
0
48. Amend Sec. 118.500:
0
a. In paragraph (a), by removing the text ``Table 118.500(a) of this
section'' and adding in its place the text ``table 1 to Sec.
118.500(b)'';
0
b. In paragraph (b), by removing the text ``Table 118.500(a) of this
section'' and adding in its place the text ``Table 1 to Sec.
118.500(b)'';
0
c. By redesignating table 118.500(a) as table 1 to Sec. 118.500(b);
0
d. In paragraph (c), by removing the text ``10'' and adding in its
place the text ``5''; and
0
e. In paragraph (d), by 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. 01.4.
Sec. 132.365 [Amended]
0
50. Amend Sec. 132.365 by removing the text ``the Mine Safety and
Health Administration and by'' in paragraph (b)(1).
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. 01.4.
0
52. Amend Sec. 147.66 by revising paragraphs (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. 01.4; 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. 01.4.
0
56. Amend Sec. 160.115-7 by revising paragraphs (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. Amend Sec. Sec. 160.115-9(b) introductory text, 160.115-13(g)(2),
160.132-9(b) introductory text, 160.132-13(g)(2), and 160.133-9(b)
introductory text by removing the words ``in triplicate''.
Sec. 160.133-13 [Amended]
0
58. Amend Sec. 160.133-13 by removing the text ``, in triplicate'' in
paragraph (g)(2).
0
59. Amend Sec. 160.135-5 by adding paragraph (d)(7) to read as
follows:
[[Page 76702]]
Sec. 160.135-5 Incorporation by reference.
* * * * *
(d) * * *
(7) MSC/Circ. 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).
* * * * *
0
60. Amend Sec. 160.135-7 by revising paragraph (b)(3)(iv)(A) to read
as follows:
Sec. 160.135-7 Design, construction, and performance of lifeboats.
* * * * *
(b) * * *
(3) * * *
(iv) * * *
(A) Resin. Any resin used for the hull, canopy, hatches, rigid
covers, and enclosures for the engine, transmission, and engine
accessories, must be fire retardant according to IMO MSC/Circ. 1006
(incorporated by reference, see Sec. 160.135-5)
* * * * *
Sec. 160.135-9 [Amended]
0
61. Amend Sec. 160.135-9 by removing the words ``in triplicate'' in
paragraph (b) introductory text.
Sec. 160.135-13 [Amended]
0
62. Amend Sec. 160.135-13 by removing the text ``, in triplicate'' in
paragraph (g)(2) introductory text.
0
63. Amend Sec. 160.156-5 by adding paragraph (d)(7) to read as
follows:
Sec. 160.156-5 Incorporation by reference.
* * * * *
(d) * * *
(7) MSC/Circ. 1006, Guidelines On Fire Test Procedures For
Acceptance Of Fire-Retardant Materials For The Construction Of
Lifeboats, June 18, 2001; IBR approved for Sec. 160.156-7.
* * * * *
0
64. Amend Sec. 160.156-7 by revising paragraph (b)(3)(iv)(A) to read
as follows:
Sec. 160.156-7 Design, construction, and performance of rescue boats
and fast rescue boats.
* * * * *
(b) * * *
(3) * * *
(iv) * * *
(A) Resin. Any resin used for the hull, canopy, hatches, rigid
covers, and enclosures for the engine, transmission, and engine
accessories, must be fire retardant according to IMO MSC/Circ. 1006
(incorporated by reference, see Sec. 160.156-5)
* * * * *
Sec. 160.156-9 [Amended]
0
65. Amend Sec. 160.156-9 by removing the words ``in triplicate'' in
paragraph (b) introductory text.
Sec. 160.156-13 [Amended]
0
66. Amend Sec. 160.156-13 by removing the text ``, in triplicate'' in
paragraph (g)(2) introductory text.
Sec. 160.170-9 [Amended]
0
67. Amend Sec. 160.170-9 by removing words ``in triplicate'' in
paragraph (b) introductory text.
Sec. 160.170-13 [Amended]
0
68. Amend Sec. 160.170-13 by removing text ``, in triplicate,'' in
paragraph (g)(2).
0
69. Revise Sec. 160.171-3 to read as follows:
Sec. 160.171-3 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 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
following sources:
(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: www.astm.org.
(1) ASTM B117-97, Standard Practice for Operating Salt Spray (Fog)
Apparatus (``ASTM B117''); IBR approved for 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''); IBR approved for 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''); IBR approved for Sec. 160.171-
17(e).
(4) ASTM D975-14, Standard Specification for Diesel Fuel Oils,
approved February 1, 2014 (``ASTM D975''); IBR approved for Sec.
160.171-17(p).
(5) ASTM D1004-94a, Standard Test Method for Initial Tear
Resistance of Plastic Film and Sheeting (``ASTM D1004''); IBR approved
for Sec. 160.171-17(n).
(b) General Services Administration (GSA). email:
[email protected]; web: https://fedspecs.gsa.gov/s/federal-specifications.
(1) Federal Test Method Standard No. 191a 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''); IBR approved for Sec. 160.171-17(o).
(2) Federal Standard No. 751a, Stitches, Seams, and Stitchings,
dated January 25, 1965 (``Federal Standard No. 751''); IBR approved for
Sec. 160.171-9(c).
(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: www.nist.gov.
(1) National Bureau of Standards Special Publication 440--Color,
Universal Language and Dictionary of Names; December 1976 (``National
Bureau of Standards Publication 440''); IBR approved for Sec. 160.171-
9(h). (Available at https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf)
(2) [Reserved]
(d) 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: www.ul.com.
(1) UL 1191, Standard for Components for Personal Flotation
Devices, First Edition, as revised March 29, 1977; IBR approved for
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
[[Page 76703]]
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 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.
(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: 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''); IBR approved for 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''); IBR approved for Sec. 160.174-
17(f) and (g).
(3) ASTM D975-14, Standard Specification for Diesel Fuel Oils,
approved February 1, 2014 (``ASTM D 975''); IBR approved for Sec.
160.174-17(g).
(4) ASTM D1004-94a, Standard Test Method for Initial Tear
Resistance of Plastic Film and Sheeting (``ASTM D 1004''); IBR approved
for Sec. 160.174-47(i).
(5) ASTM D1518-85 (1990), Standard Test Method for Thermal
Transmittance of Textile Materials (``ASTM D 1518''); IBR approved for
Sec. 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 January 25, 1965 (``Federal Standard No. 751''); IBR approved for
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: 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; IBR approved for Sec.
160.174-9(f). (Available at https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf)
(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.
01.4.
0
72. Amend Sec. 161.002-18 by revising the section heading 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 of this subchapter:
(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 subchapter 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. Amend Sec. 161.002-19 by revising the section heading 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 of this subchapter:
(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 subchapter 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 subchapter 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. Amend Sec. 161.011-1 by removing the word ``approval'' and adding
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.
(b) An application for acceptance or type acceptance of an EPIRB
should be submitted to the Coast Guard before the FCC in accordance
with 47 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.
[[Page 76704]]
0
77. Amend Sec. 161.012-5 by:
0
a. Revising paragraph (a); and
0
b. In paragraph (b)(2), by 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 of this subchapter.
* * * * *
0
78. Amend Sec. 161.013-11 by revising paragraph (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 of this subchapter; 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 of this subchapter
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. 01.4.
0
81. Add Sec. 162.017-0 to read as follows:
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.
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 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
International Organization for Standardization (ISO), ISO Central
Secretariat, Chemin de Blandonnet 8. CP 401--1214 Vernier, Geneva,
Switzerland; phone 41 22 749 01 11; www.iso.org/contact-iso.html.
(a) 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).
(b) [Reserved]
Sec. 162.017-2 [Amended]
0
83. Amend Sec. 162.017-2 by removing the word ``inflammable'' and
adding it its place the word ``flammable''.
0
84. Amend Sec. 162.017-3 by revising paragraphs (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:
0
a. By revising paragraph (a);
0
b. In paragraph (b), by removing the words ``in quadruplicate''; and
0
c. In paragraph (c), by 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) General. 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. Amend Sec. 162.050-15 by revising paragraph (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 of this subchapter.
* * * * *
0
87. Amend Sec. 162.060-40 by revising paragraph (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 of this subchapter.
* * * * *
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.
01.4.
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.
01.4.
0
91. Amend Sec. 164.009-9 by revising paragraph (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-
[[Page 76705]]
ENG) according to Sec. 159.005-1 of this subchapter.
* * * * *
0
92. Amend Sec. 164.018-7 by revising paragraph (a) and in paragraph
(b)(2), by 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 of
this subchapter.
* * * * *
Sec. 164.106-3 [Amended]
0
93. Amend Sec. 164.106-3 by removing the text ``Part 6'' and adding in
its place the text ``Part 5'' in paragraph (a).
Subpart 164.120--[Removed and Reserved]
0
94. Remove and reserve subpart 164.120, consisting of Sec. Sec.
164.120-1 through 164.120-15.
Sec. 164.137-2 [Amended]
0
95. Amend Sec. 164.137-2 by removing and reserving paragraph (b)(2).
0
96. Amend Sec. 164.137-3 by revising paragraph (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. Revise Sec. 164.138-2 to read as follows:
Sec. 164.138-2 Incorporation by reference.
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 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
International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611,
www.imo.org.
(a) 2010 FTP, International Code for Application of Fire Test
Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (``FTP Code'');
IBR approved for Sec. 164.138-3(a).
(b) [Reserved]
0
98. Amend Sec. 164.138-3 by revising paragraph (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. Revise Sec. 164.139-2 to read as follows:
Sec. 164.139-2 Incorporation by reference.
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 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 International
Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1
7SR, United Kingdom, +44 (0)20 7735 7611, www.imo.org.
(a) 2010 FTP Code, International Code for the Application of Fire
Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (``FTP
Code''); IBR approved for Sec. 164.139-3(a).
(b) [Reserved]
0
100. Amend Sec. 164.139-3 by revising paragraph (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. 01.4.
0
102. Revise and republish Sec. 167.45-40 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.
(b) In boiler and machinery spaces, at least two fire hydrants must
have a firehose of a length that allows each part of the boiler and
machinery spaces to be reached by water from a combination solid stream
and water spray firehose nozzle.
(c) Each firehose under paragraph (b) of this section must have a
combination solid stream and water spray firehose nozzle that meets
subpart 162.027 of this chapter. Combination nozzles and low-velocity
water spray applicators previously approved under subpart 162.027 of
this chapter may remain so long as they are maintained in good
condition to the satisfaction of the Officer in Charge, Marine
Inspection.
(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
[[Page 76706]]
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. Amend Sec. 167.45-60 by removing the text ``the Mine Safety and
Health Administration (MSHA) and by'' in paragraph (a).
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. Revise Sec. 167.45-70 to read as follows:
Sec. 167.45-70 Portable fire extinguishers, general requirements.
(a) Fire extinguishers shall be located in such places as in the
judgment of the Officer in Charge, Marine Inspection, will be most
convenient and serviceable in case of emergency and so arranged that
they may be easily removed from their fastenings.
(b) Every fire extinguisher provided shall be examined at each
annual inspection to determine that it is still in good condition.
Soda-and-acid and foam fire extinguishers shall be tested by
discharging the contents, cleaning thoroughly, and then refilling.
Carbon dioxide fire extinguishers shall be checked by weighing to
determine contents and if found to be more than 10 percent under
required contents of carbon dioxide shall be recharged. Pump tank fire
extinguishers shall be tested by pumping and discharging the contents,
cleaning thoroughly, and then refilling or recharging. Cartridge-
operated type fire extinguishers shall be checked by examining the
extinguishing agents to determine if it is still in good condition and
by examining the pressure cartridge. If the cartridge end is punctured,
or if the cartridge is otherwise determined to have leaked or to be in
an unsuitable condition, the pressure cartridge shall be rejected and a
new one inserted. Stored pressure type extinguishers shall be checked
by determining that the pressure gauge is in the operating range, and
the full charge of extinguishing agent is in the chamber. The hoses and
nozzles of all fire extinguishers shall be inspected to see that they
are clear and in good condition.
(c) In addition to the required extinguishers in this part, each
vessel must 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:
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 this part need not be replaced and may be continued in
service so long as they are maintained in good condition to the
satisfaction of the 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. Amend Sec. 167.45-75 by removing the words ``or the Navy'' after
the words ``approved by the Coast Guard''.
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. 01.4; Sec.
169.117 also issued under the authority of 44 U.S.C. 3507.
0
109. Amend Sec. 169.567:
0
a. In paragraph (a) introductory text, by removing the text ``Table
169.567(a) of this section'' and adding in its place the text ``table 1
to Sec. 169.567(a)'';
0
b. Redesignating the table 169.567(a) as table 1 to Sec. 169.567(a);
0
c. Revising and republishing table 1 to Sec. 169.567(a); and
0
d. In paragraph (b), by removing the text ``Table 169.567(a) of this
section'' and adding in its place the text ``Table 1 to Sec.
169.567(a)''.
The revision reads as follows:
Sec. 169.567 Portable fire extinguishers.
(a) * * *
Table 1 to Sec. 169.567(a)--Required Portable Fire Extinguishers
------------------------------------------------------------------------
Portable fire extinguishers
------------------------------------------
Space Minimum required Quantity and
rating location
------------------------------------------------------------------------
Propulsion machinery space 40-B:C............. 2.
without fixed extinguishing
system.
Propulsion machinery space 40-B:C............. 1 in the vicinity of
with fixed extinguishing the exit.
system.
Living space and open boats.. 2-A................ 1 per 1,000 cubic
foot of space.
Galley (without fixed system) 40-B:C............. 1 per 500 cubic
foot.
Spare Units.................. 2-A................ 10 percent of the
required number
rounded up.
40-B:C............. 10 percent of the
required number
rounded up.
------------------------------------------------------------------------
[[Page 76707]]
* * * * *
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.
0
111. Amend Sec. 169.717 by revising paragraph (a)(1) to read as
follows:
Sec. 169.717 Fireman's outfit.
* * * * *
(a) * * *
(1) One pressure-demand, open-circuit, self-contained breathing
apparatus, approved by the National Institute for Occupational Safety
and Health (NIOSH) and having at a minimum a 30-minute air supply and a
full facepiece; but a self-contained compressed-air breathing apparatus
previously approved under part 60, subpart 160.011, of this chapter may
continue in use as required equipment if it was part of the vessel's
equipment on November 23, 1992, and as long as it is maintained in good
condition to the satisfaction of the Officer in Charge, Marine
Inspection;
* * * * *
PART 181--FIRE PROTECTION EQUIPMENT
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. 01.4.
0
113. Amend Sec. 181.500:
0
a. In paragraph (a), by removing the text ``Table 181.500(b)'' and
adding in its place the text ``table 1 to Sec. 181.500(b)'';
0
b. In paragraph (b), by removing the text ``Table 181.500(b) of this
section'' and adding in its place the text ``Table 1 to Sec.
181.500(b)'';
0
c. By redesignating the table 181.500(b) as table 1 to Sec.
181.500(b); and
0
d. By revising and republishing table 1 to Sec. 181.500(b).
The revision and republication read as follows:
Sec. 181.500 Required number, type, and location.
* * * * *
(b) * * *
Table 1 to Sec. 181.500(b)--Required Portable Fire Extinguishers
------------------------------------------------------------------------
Portable fire extinguishers
------------------------------------------
Space Minimum required Quantity and
rating location
------------------------------------------------------------------------
Operating Station............ 10-B:C............. 1.
Machinery Space.............. 40-B:C............. 1 in the vicinity of
the exit.
Open Vehicle Deck............ 40-B............... 1 for every 10
vehicles.
Accommodation Space.......... 2-A................ 1 each for each
2,500 square feet
(232.3 square
meters) or fraction
thereof.
Galley....................... 40-B:C............. 1.
Pantry, concession stand..... 2-A................ 1 in the vicinity of
the exit.
------------------------------------------------------------------------
* * * * *
PART 195--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
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. 01.4.
Sec. 195.40-1 [Amended]
0
115. Amend Sec. 195.40-1 by removing 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. 01.4.
0
117. Amend Sec. 199.190 by revising paragraph (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: September 5, 2024.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2024-20380 Filed 9-17-24; 8:45 am]
BILLING CODE 9110-04-P
