[Federal Register Volume 79, Number 8 (Monday, January 13, 2014)]
[Proposed Rules]
[Pages 2254-2358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29863]



[[Page 2253]]

Vol. 79

Monday,

No. 8

January 13, 2014

Part II





Department of Homeland Security





-----------------------------------------------------------------------





Coast Guard





-----------------------------------------------------------------------





33 CFR Parts 140, 145, 148, et al.

46 CFR Parts 25, 27, 28, et al.





Harmonization of Standards for Fire Protection, Detection, and 
Extinguishing Equipment; Proposed Rule

  Federal Register / Vol. 79 , No. 8 / Monday, January 13, 2014 / 
Proposed Rules  

[[Page 2254]]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 140, 145, 148, and 149

46 CFR Parts 25, 27, 28, 30, 31, 32, 34, 50, 56, 70, 71, 72, 76, 
78, 90, 91, 92, 95, 107, 108, 113, 114, 116, 118, 122, 125, 132, 
147, 159, 160, 161, 162, 164, 167, 169, 175, 176, 177, 181, 182, 
185, 188, 189, 190, and 193

[Docket No. USCG-2012-0196]
RIN 1625-AB59


Harmonization of Standards for Fire Protection, Detection, and 
Extinguishing Equipment

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to amend its regulations for certain 
design and approval standards for fire protection, detection, and 
extinguishing equipment on inspected and uninspected vessels, outer 
continental shelf facilities, deepwater ports, and mobile offshore 
drilling units. The proposed amendments would harmonize Coast Guard 
regulations with appropriate national and international consensus 
standards; address advances in fire protection technologies and 
standards; update Coast Guard approval processes for fire detection and 
alarm systems; and revise Coast Guard regulations for other types of 
equipment or components, such as spanner wrenches, non-metallic pipes, 
and sprinkler systems. These proposed changes are necessary to ensure 
Coast Guard regulations remain current and address advances in 
technology.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before April 14, 
2014 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0196 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.
    Viewing incorporation by reference material: You may inspect the 
material proposed for incorporation by reference at Room 5S 18-07, U.S. 
Coast Guard Headquarters, Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509 between 9:00 a.m. and 3:00 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (202) 
372-1392. Copies of the material are available as indicated in the 
``Incorporation by Reference'' section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LCDR John Miller, Office of Design and Engineering 
Standards, Lifesaving and Fire Safety Division (CG-ENG-4), Coast Guard; 
(202) 372-1372, [email protected]. If you have questions on viewing 
or submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Executive Summary
    A. Purpose of the Regulatory Action
    B. Summary of the Major Provisions of the Proposed Regulatory 
Action
IV. Background and Purpose
    A. Equipment-Specific Revisions
    B. Harmonize Coast Guard Regulations With National and 
International Consensus Standards
V. Discussion of Proposed Rule
    A. Fire Alarm and Detection Systems
    B. Fire Extinguishers
    C. Other Fire Protection Equipment Requirements
    D. Updates to Approval Process and Guidance for Equipment and 
Materials
    E. Administrative Changes
    F. Preemption of State and Local Law
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 Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. 2010 Coast Guard Authorization Act Sec. 608 (46 U.S.C. 
2118(a))
    N. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0196), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov and 
follow the instructions on that Web site. If you submit your comments 
by mail or hand delivery, submit them in an unbound format, no larger 
than 8\1/2\ by 11 inches, suitable for copying and electronic filing. 
If you submit comments by mail and would like to know that they reached 
the Facility, please enclose a stamped, self-addressed postcard or 
envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
follow the instructions on that Web site. If you do not have access to 
the internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. We have an agreement with the Department of

[[Page 2255]]

Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

D. Public Meeting

    The Coast Guard does not currently plan to hold a public meeting. 
You may submit a request for one to the docket using one of the methods 
specified under ADDRESSES. In your request, explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

II. Abbreviations

ABS American Bureau of Shipping Rules for Building and Classing 
Steel Vessels
AHJ Authority Having Jurisdiction
ANSI American National Standards Institution
ASTM ASTM International
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
COI Collection of Information
CO2 Carbon Dioxide
COA Certificate of Approval
DHS Department of Homeland Security
EC European Community
EEA European Economic Area
EFTA European Free Trade Association
ENV3 Category ENV3 Tests of Lloyds Register Type Approval System
E.O. Executive Order
FR Federal Register
FSS Code Fire Safety Systems Code
FTP Code Fire Test Procedures Code
GT Gross Ton
IMO International Maritime Organization
IEC International Electrotechnical Commission
ISO International Organization for Standardization
MISLE Marine Information for Safety and Law Enforcement
MODU Mobile Offshore Drilling Unit
MRA Mutual Recognition Agreement
NFPA National Fire Protection Association
NPRM Notice of Proposed Rulemaking
NRTL Nationally Recognized Testing Laboratory
NVIC Navigation and Vessel Inspection Circular
OCS Outer Continental Shelf
OCMI Officer in Charge Marine Inspections
OSHA Occupational Safety and Health Administration
OSV Offshore Supply Vessel
PFM Policy File Memorandum
RA Regulatory Analysis
Sec.  Section Symbol
SOLAS International Convention for the Safety of Life at Sea
UL Underwriters Laboratory
U.S.C. United States Code

III. Executive Summary

A. Purpose of the Regulatory Action

    This proposed regulatory action is necessary to update Coast Guard 
regulations pertaining to certain design and approval standards for 
fire detection and alarm systems, fire extinguishers, and other fire 
prevention equipment used on inspected and uninspected vessels, Outer 
Continental Shelf (OCS) facilities, deepwater ports, and mobile 
offshore drilling units (MODUs). The proposed updates would harmonize 
our regulations with national and international industry consensus 
standards, and incorporate other advances in fire protection 
technologies and standards.
    The basis of this notice of proposed regulatory action is the 
Secretary of Homeland Security's regulatory authority under the 
following statutes. Section 1333 of Title 43, United States Code 
(U.S.C.) mandates the issuance of safety equipment regulations on OCS 
facilities; 46 U.S.C. 3306 mandates the issuance of firefighting 
material and equipment regulations for Coast Guard inspected vessels 
and the issuance of structural fire protection and equipment 
regulations for small passenger vessels; 46 U.S.C. 3703 mandates 
firefighting equipment and material regulations for vessels carrying 
liquid bulk dangerous cargoes; 46 U.S.C. 4102 authorizes marine safety 
equipment regulations for fire extinguishers, life preservers, engine 
flame arrestors, engine ventilation, and emergency locating equipment 
on uninspected vessels, and authorizes regulations, after consultation 
with the Towing Safety Advisory Committee, for fire protection and 
suppression measures on towing vessels; 46 U.S.C. 4302 authorizes 
safety equipment such as firefighting equipment regulations for 
recreational vessels; and 46 U.S.C. 4502 mandates fire extinguisher 
regulations for some uninspected commercial fishing vessels and 
authorizes safety equipment regulations for certain other uninspected 
commercial fishing vessels. Section 1509 of Title 33, U.S.C., 
authorizes the Coast Guard to promulgate regulations for safety 
equipment relating to the promotion of safety of life and property in 
deepwater ports. The Secretary of Homeland Security has delegated these 
statutory authorities to the Coast Guard through Delegation No. 0170.1.
    Under the statutory authorities listed above, the Coast Guard is 
authorized to develop and maintain standards for fire protection, 
detection, and extinguishing equipment on inspected and uninspected 
vessels, OCS facilities, deepwater ports, and MODUs. The Coast Guard 
implements these authorities through regulations specified in Table 1. 
Table 1 lists the subchapters in Titles 33 and 46 of the Code of 
Federal Regulations (CFR) affected by this proposed regulatory action 
(collectively referred to as ``affected subchapters''), and provides a 
breakdown of each subchapter by subject matter.

                      Table 1--Affected Subchapters
------------------------------------------------------------------------
    CFR title        Subchapter          Parts              Topic
------------------------------------------------------------------------
33..............  N...............         140-147  Outer Continental
                                                     Shelf Activities.
33..............  NN..............         148-150  Deepwater Ports.
46..............  C...............           24-28  Uninspected Vessels.
46..............  D...............           30-39  Tank Vessels.
46..............  F...............           50-64  Marine Engineering.
46..............  H...............           70-89  Passenger Vessels.
46..............  I...............          90-105  Cargo and
                                                     Miscellaneous
                                                     Vessels.
46..............  I-A.............         107-109  Mobile Offshore
                                                     Drilling Units.
46..............  J...............         110-113  Electrical
                                                     Engineering.
46..............  K...............         114-124  Small Passenger
                                                     Vessels Carrying
                                                     more than 150
                                                     Passengers or with
                                                     Overnight
                                                     Accommodations for
                                                     more than 49
                                                     Passengers.
46..............  L...............         125-139  Offshore Supply
                                                     Vessels.
46..............  N...............         140-149  Dangerous Cargoes.
46..............  Q...............         159-165  Equipment,
                                                     Construction and
                                                     Material
                                                     Specifications and
                                                     Approval.

[[Page 2256]]

 
46..............  R...............         166-169  Nautical Schools.
46..............  T...............         175-187  Small Passenger
                                                     Vessels (Under 100
                                                     Gross Tons (GT)).
46..............  U...............         188-196  Oceanographic
                                                     Research Vessels.
------------------------------------------------------------------------

B. Summary of the Major Provisions of the Proposed Regulatory Action

    The major proposed provisions of this regulatory action harmonize 
Coast Guard regulations with national and international industry 
consensus standards and update Coast Guard regulations to incorporate 
advances in fire protection technology for specific types of fire 
protection, detection, and extinguishing equipment. Provisions are 
discussed below and are grouped by equipment type or topic.
    Fire detection and alarm systems:
     Provide vessels with the option to meet either the 
applicable International Convention for the Safety of Life at Sea, 1974 
(SOLAS) and the International Maritime Organization (IMO) Fire Safety 
Systems (FSS) Code requirements, or updated Coast Guard regulations for 
the design and installation of fire detection and alarm systems. These 
proposed changes would provide vessel owners and/or operators and 
designers greater flexibility in fire detection and alarm system design 
for U.S. domestic vessels.
     Consolidate and update the fire detection and alarm system 
requirements in 46 CFR subchapter H (passenger vessels). These changes 
would also affect 46 CFR subchapters C, I, K, and T vessels where the 
regulations refer to subchapter H for fire detection and alarm system 
requirements. The consolidation of these requirements would make it 
easier for industry to locate and meet these requirements. The proposed 
updates reflect advancements in the fire detection and alarm systems 
industry, which include development of digital technology and modern 
seamless electronic technology for the much larger land-based market. 
The Coast Guard would not require retrofitting of currently installed 
systems, but would require any modifications to installed systems or 
new installations to comply with the updated requirements after a 2\1/
2\ year compliance period.
     Revise Coast Guard approval processes for fire detection 
and alarm systems by allowing manufacturers of fire detection and alarm 
systems equipment the option of seeking approval for an entire system 
or an individual device; making approval processes easier for 
manufacturers by allowing some approval tests to be completed by an 
approved third party nationally recognized testing laboratory (NRTL); 
and requiring the use of the most current and widely used national 
consensus standards for approval of fire detection and alarm systems, 
as specified by this rulemaking. These revisions would allow for an 
easier replacement of individual devices and open the market to small 
manufacturers or to those dedicated to making components but not 
producing all components necessary for a complete detection system. 
They would also provide manufacturers more flexibility and options for 
choosing a laboratory; and align our regulations with the most up-to-
date national consensus standards that are already widely used by the 
fire detection industry.
    Fire extinguishers:
     Replace the Coast Guard's weight-based rating system for 
fire extinguishers with the Underwriters Laboratory (UL) performance-
based rating system. Adopting the national industry standard rating 
system would streamline the selection, inspection, and approval 
processes for marine fire extinguishers.
     Revise maintenance requirements for fire extinguishers by 
adopting National Fire Protection Association (NFPA) 10 ``Standard for 
Portable Fire Extinguishers'' (2010 Edition), which requires certified 
personnel to conduct annual fire extinguishing equipment maintenance. 
NFPA 10 distinguishes between monthly inspections (a visual check) and 
annual maintenance (a thorough inspection of materials and components, 
and associated repairs). Vessel crewmembers could continue to perform 
monthly inspections, however, a certified person would be required to 
conduct annual maintenance. This proposed change would align Coast 
Guard regulations with the current industry practice of having annual 
maintenance performed by commercial servicing companies.
     Codify use of UL standards for testing and labeling of 
fire extinguishers. These standards provide detailed, technical 
requirements for construction, performance, testing, packaging, and 
marking of the specific type of extinguisher. This proposed change 
would align Coast Guard regulations with current industry practice.
     Reduce the number of spare portable fire extinguishers 
required on vessels traveling domestic routes. This change is proposed 
because of the proposed enhanced maintenance requirements that would 
result in more reliable spares, as well as making new spares more 
easily obtainable.
    Other fire protection equipment:
     Require small passenger vessels to carry spanner wrenches 
for fire hydrants that use 1.5-inch diameter hoses. This proposed 
requirement for small passenger vessels is consistent with spanner 
wrench carriage requirements for other vessel types, and is necessary 
to ensure that fire hoses can be replaced and deployed as needed.
    Fire protection equipment approvals:
     Add new specification subparts in 46 CFR subchapter Q to 
address existing and new approval series for fire protection equipment 
and components required for use on SOLAS ships. The new approval series 
would codify the standards and procedures currently used by industry to 
obtain Coast Guard approval for fire protection equipment and 
components required on SOLAS ships. The new approval series would set 
forth design, construction, testing, and performance requirements for 
the affected equipment and components satisfying SOLAS requirements.
     Codify an alternative path to Coast Guard approval through 
an existing Mutual Recognition Agreement (MRA) to which the U.S. is a 
party, allowing for Coast Guard approvals of certain fire protection 
equipment issued by another nation that is party to the MRA. This 
proposed change would reduce manufacturer costs and burdens associated 
with duplicative testing and evaluation for multiple national 
approvals.

IV. Background and Purpose

    This rulemaking is part of a continued response to the Presidential 
Regulatory Reform Initiative of March 4, 1995 entitled ``Regulatory 
Reinvention Initiative,'' which called for a review of agency 
regulations with the goals of: (1) Cutting obsolete regulations; (2) 
Focusing on results instead of process and punishment; (3) Convening 
meetings with the regulated community;

[[Page 2257]]

and (4) Expanding efforts to promote consensual rulemaking. So far, we 
have issued four rulemakings in response to the Presidential Regulatory 
Reform Initiative.
    The first rulemaking, ``Inspected and Uninspected Commercial 
Vessels; Removal of Obsolete and Unnecessary Regulations'' (60 FR 
48044, September 18, 1995), removed or revised requirements for nuclear 
vessels, ocean incinerator ships, and ocean thermal energy conversion 
plant ships that the Coast Guard found to be obsolete or unnecessary.
    The second rulemaking, ``Adoption of Industry Standards'' (61 FR 
25984, May 23, 1996), made more substantial changes, removing or 
amending unnecessary provisions and adopting appropriate industry 
standards and practices in place of Coast Guard-specific requirements 
for vessels.
    The third rulemaking, ``Harmonization with International Safety 
Standards'' (62 FR 51188, September 30, 1997), continued the Coast 
Guard's effort to reform its regulations by removing superfluous and 
outdated requirements and aligning the regulations more closely with 
international standards for vessels.
    In the fourth rulemaking, ``Review and Update of Standards for 
Marine Equipment'' (73 FR 65156, October 31, 2008), the Coast Guard 
amended its rules relating to standards for marine equipment and 
updated the incorporation of references to national and international 
industry consensus standards for inspected commercial vessels in those 
rules.
    With this proposed rulemaking, the Coast Guard is completing this 
set of responses to the 1995 Presidential Regulatory Reform Initiative 
by reviewing the existing fire protection, detection, and extinguishing 
equipment requirements and proposing revisions to ensure Coast Guard 
regulations are clear, contain additional flexibility through 
alternative compliance options, and reflect current industry practice, 
industry consensus standards, and modern technology.
    Subsequent to the 1995 Presidential Regulatory Reform Initiative, 
Executive Order (EO) 12866 (''Regulatory Planning and Review'') was 
amended by EO 13563 (``Improving Regulation and Regulatory Review'') to 
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). EO 13563 emphasizes the importance of quantifying 
both costs and benefits, of reducing costs, of harmonizing rules, and 
of promoting flexibility.
    We are also proposing to incorporate voluntary consensus standards 
instead of Coast Guard specific standards as directed by the Office of 
Management and Budget, Circular A-119, ``Federal Participation in the 
Development and Use of Voluntary Consensus Standards and in Conformity 
Assessment Activities.'' See Section VII. L. Technical Standards for 
the list of voluntary consensus standards used in this rulemaking.

A. Equipment-Specific Revisions

    The Coast Guard fire protection, detection, and extinguishing 
equipment regulations addressed in this NPRM have not been updated 
substantially since 1952 and do not reflect the latest industry 
practices or technologies. In this rulemaking, the Coast Guard proposes 
specific changes that address advances in fire protection, detection, 
and extinguishing equipment technologies. The proposed amendments 
mainly cover two types of equipment: Fire detection and alarm systems, 
and fire extinguishers. Additionally, the Coast Guard proposes 
revisions to its fire protection equipment approval processes that 
would allow manufacturers to obtain Coast Guard approval for equipment 
that would satisfy the applicable requirements in each of the affected 
subchapters (See Table 1 for list of affected subchapters). The Coast 
Guard also proposes some less significant revisions affecting other 
categories of fire protection equipment, including spanner wrenches, 
non-metallic piping, and sprinkler systems.

B. Harmonize Coast Guard Regulations With National and International 
Industry Consensus Standards

    The Coast Guard proposes to replace specific fire protection, 
detection, and extinguishing equipment requirements by incorporation of 
national and international industry consensus standards, which would 
align Coast Guard regulations with current industry practices.
1. International Industry Consensus Standards
    The Coast Guard proposes to incorporate into the affected subparts 
international industry consensus standards established by the IMO. 
International industry consensus standards are established by the 
Parties, including the United States, to SOLAS, working through the 
IMO. The United States, using input from multiple public meetings, 
actively participated in the negotiations that led to the development 
of these international industry consensus standards for fire 
protection, detection, and extinguishing equipment (IMO standards). The 
IMO standards addressed by this rulemaking implement the requirements 
of Chapter II-2 (fire protection, fire detection, and fire 
extinguishment) of SOLAS by providing detailed design, testing, 
installation, and maintenance requirements for fire protection, 
detection, and extinguishing equipment. The Coast Guard has proposed to 
incorporate the IMO standards into our regulations to fulfill our 
obligations under SOLAS, and because they provide best practices and 
modern design standards developed by the international community. 
Additionally, these provisions would provide further efficiencies by 
allowing domestic vendors and vessels to use one market for delivery 
and acquisition of products.
    The Coast Guard also proposes to incorporate into the affected 
subparts an international industry consensus standard established by 
the International Electrotechnical Commission (IEC). The IEC is an 
international organization that develops and publishes consensus-based 
international standards for electrical, electronic, and related 
technologies. The Coast Guard proposes to incorporate the IEC standard 
for electrical components of a detection system, as this IEC standard 
represents the best industry standard as well as current marine 
industry practice for the use of these components.
2. National Industry Consensus Standards
    The Coast Guard proposes to incorporate into the affected subparts 
national industry consensus standards by the NFPA, ASTM International 
(ASTM), and UL that have been approved by the American National 
Standards Institute (ANSI). ANSI is a private, nonprofit membership 
organization with members from private and public sector organizations 
that facilitates the development of national consensus standards. 
ANSI's work focuses on accrediting the standards development procedures 
of individual standards organizations to ensure that the standards 
developed represent a true consensus of private and public interests. 
These ANSI-accredited national industry consensus standards are 
developed by technical committees composed of representatives from a 
cross section of stakeholders affected by these standards. The Coast 
Guard

[[Page 2258]]

participates in the development of these national industry consensus 
standards through representation in the technical committees.

V. Discussion of Proposed Rule

    This proposed rule would make amendments within each of the 
affected subchapters within Titles 33 and 46 of the CFR for vessels, 
OCS facilities, deepwater ports, and MODUs. The proposed amendments 
address fire alarm and detection systems, fire extinguishers, and other 
fire protection equipment requirements, and would revise approval 
processes and make other administrative changes to correct errors, 
provide better organization, and make general clarifying changes. Parts 
A through E of this section discuss these proposed provisions. The 
discussion is divided into five major categories: (A) Fire Alarm and 
Detection Systems, (B) Fire Extinguishers, (C) Other Fire Protection 
Equipment Requirements, (D) Updates to Approval Process and Guidance 
for Equipment and Materials, and (E) Administrative Changes. Within 
these categories, we divide the discussion into sub-categories. Table 2 
provides a list of these categories, sub-categories and affected CFR 
sections. For explanation of the proposed amendments presented in Table 
2, see parts A through E of this section.

      Table 2--Index of Proposed Changes and CFR Sections Affected
------------------------------------------------------------------------
          Categories              Sub-categories   Affected CFR sections
------------------------------------------------------------------------
A. Fire Alarm and Detection     1. Harmonization   46 CFR 76.01-2; Sec.
 Systems.                        with national       95.01-2; Sec.
                                 and                161.002-1.
                                 international
                                 industry
                                 consensus
                                 standards.
                                2. Optional use    46 CFR 76.27-1; Sec.
                                 of detection and    76.27-70.
                                 alarm system
                                 requirements of
                                 SOLAS and the
                                 FSS Code.
                                3. Consolidation   46 CFR 76.05-1; Sec.
                                 and revision of     76.05-20; Sec.
                                 operation and      76.27-5; Sec.
                                 installation       76.27-10; Sec.
                                 requirements.      76.27-15; Sec.
                                                    76.27-20; Sec.
                                                    76.27-25; Sec.
                                                    76.27-30; Sec.
                                                    76.27-35; Sec.
                                                    76.27-70; Sec.
                                                    76.27-80.
                                4. Grandfathering  46 CFR 76.27-80; Sec.
                                 and 2 and \1/2\;     76.30-1; Sec.
                                 year Compliance    76.33-1; Sec.
                                 Period.            76.35-1.
                                5. Sample          46 CFR 76.33-20; Sec.
                                 extraction,          95.05-1; Sec.
                                 smoke detection    95.05-3.
                                 systems.
                                6. Changes to      46 CFR 161.002-1;
                                 approval           Sec.   161.002-2;
                                 processes for      Sec.   161.002-3;
                                 detection and      Sec.   161.002-4;
                                 alarm systems.     Sec.   161.002-6;
                                                    Sec.   161.002-8;
                                                    Sec.   161.002-9;
                                                    Sec.   161.002-10;
                                                    Sec.   161.002-12;
                                                    Sec.   161.002-14;
                                                    Sec.   161.002-15;
                                                    Sec.   161.002-18;
                                                    Sec.   161.002-19.
                                7. Revised         33 CFR 149.403; Sec.
                                 requirements        149.404; 46 CFR
                                 using guidance     27.203; Sec.
                                 found in           28.155; Sec.   34.01-
                                 Navigation and     5; Sec.   76.01-5;
                                 Vessel             Sec.   95.01-5, Sec.
                                 Inspection           118.120; Sec.
                                 Circular (NVIC)    132.340; Sec.
                                 7-80 for excess    167.45-30; Sec.
                                 detection          181.120; Sec.
                                 systems.           193.01-5.
B. Fire Extinguishers.........  1. Ratings: UL     33 CFR 145.05, Sec.
                                 711 and NFPA 10:   145.10; Sec.
                                 2010.              145.15; Sec.
                                                    149.405; Sec.
                                                    149.409; Sec.
                                                    149.410; 46 CFR
                                                    25.30-1; Sec.
                                                    25.30-20; Sec.
                                                    25.30-80; Sec.
                                                    27.303; Sec.
                                                    27.305; Sec.
                                                    28.160; Sec.   34.50-
                                                    1; Sec.   34.50-5;
                                                    Sec.   34.50-10;
                                                    Sec.   34.50-80;
                                                    Sec.   76.50-1; Sec.
                                                      76.50-5; Sec.
                                                    76.50-10; Sec.
                                                    76.50-20; Sec.
                                                    76.50-80; Sec.
                                                    95.01-1; Sec.
                                                    95.50-1; Sec.
                                                    95.50-5; Sec.
                                                    95.50-10; Sec.
                                                    95.50-20; Sec.
                                                    95.50-80; Sec.
                                                    108.491; Sec.
                                                    108.495; Sec.
                                                    108.496; Sec.
                                                    118.115; Sec.
                                                    118.500; Sec.
                                                    132.210; Sec.
                                                    132.220; Sec.
                                                    132.240; Sec.
                                                    132.250; Sec.
                                                    162.028-2; Sec.
                                                    162.028-3; Sec.
                                                    162.039-2; Sec.
                                                    162.039-3; Sec.
                                                    169.567; Sec.
                                                    181.500; Sec.
                                                    193.50-5; Sec.
                                                    193.50-10; Sec.
                                                    193.50-20; Sec.
                                                    193.50-80.
                                2. Maintenance:    33 CFR 145.01; Sec.
                                 NFPA 10: 2010.     149.408; 46 CFR
                                                    25.30-10; Sec.
                                                    31.01-2; Sec.
                                                    31.10-18; Sec.
                                                    71.25-20; Sec.
                                                    91.25-7; Sec.
                                                    91.25-20; Sec.
                                                    107.235; Sec.
                                                    169.247; Sec.
                                                    176.810; Sec.
                                                    188.01-5; Sec.
                                                    189.25-20.
                                3. Testing: UL 8,  46 CFR 162.028-1;
                                 UL 154, UL 299,    Sec.   162.028-3;
                                 UL 626, 2129.      Sec.   162.028-4;
                                                    Sec.   162.039-1;
                                                    Sec.   162.039-3;
                                                    Sec.   162.039-4.
                                4. Approval        46 CFR 162.028-5;
                                 process.           Sec.   162.028-7;
                                                    Sec.   162.039-5;
                                                    Sec.   162.039-7.
                                5. Reducing and    46 CFR 34.50-10; Sec.
                                 relocating of        34.50-15; Sec.
                                 spare              76.50-10; Sec.
                                 extinguisher       76.50-15; Sec.
                                 requirements.      95.50-10; Sec.
                                                    95.50-15; Sec.
                                                    108.495; Sec.
                                                    132.230; Sec.
                                                    169.567; Sec.
                                                    181.500; Sec.
                                                    193.50-15.
C. Other fire protection        1. Spanner wrench  46 CFR 118.310; Sec.
 equipment requirements.         carriage            181.310.
                                 requirements for
                                 small passenger
                                 vessels.
                                2. Alternative     46 CFR 76.10-5; Sec.
                                 use of two small    76.10-10; Sec.   ;
                                 fire hoses in      Sec.   95.10-5; Sec.
                                 place of a           95.10-10 Sec.
                                 single hose.       193.10-5; Sec.
                                                    193.10-10.
                                3. Limited use of  46 CFR 34.50-10.
                                 non-marine fire
                                 extinguishers.
                                4. Amended         46 CFR 175.400; Sec.
                                 definitions of      177.410.
                                 small passenger
                                 (subchapter T)
                                 vessels.
                                5. Clarification   46 CFR 32.56-1; Sec.
                                 on the use of       72.05-1; Sec.
                                 international      92.07-1; Sec.
                                 standard (SOLAS)   116.400; Sec.
                                 in lieu of         177.420; Sec.
                                 domestic           190.07-1.
                                 standards.
                                6. Use of          46 CFR 56.60-25.
                                 nonmetallic pipe.
                                7. Use of          46 CFR 182.720.
                                 nonmetallic pipe
                                 on small
                                 passenger
                                 (subchapter T)
                                 vessels.
                                8. Sprinkler       46 CFR 25.30-15; Sec.
                                 systems.             34.01-15; Sec.
                                                    34.30-1; Sec.
                                                    76.01-2; 76.25-1;
                                                    Sec.   76.25-5; Sec.
                                                      76.25-10; Sec.
                                                    76.25-15; Sec.
                                                    76.25-20; Sec.
                                                    76.25-25; Sec.
                                                    76.25-30; Sec.
                                                    76.25-35; Sec.
                                                    95.01-2; Sec.
                                                    95.30-1; Sec.
                                                    108.101; Sec.
                                                    108.430; Sec.
                                                    193.01-3; Sec.
                                                    193.30-1.
                                9. Alternatives    46 CFR 147.7, Sec.
                                 for Halon bottle   147.65.
                                 inspection.

[[Page 2259]]

 
D. Updates to equipment         1.                 46 CFR 159.001-3;
 approval process and guidance   Acknowledgement    Sec.   159.003-1;
 for equipment and materials.    of MRA.            Sec.   159.003-3;
                                                    Sec.   159.003-5;
                                                    Sec.   159.003-7;
                                                    Sec.   159.003-9.
                                2. Approval        46 CFR 162.027-1;
                                 Series.            Sec.   162.027-2;
                                                    Sec.   162.027-3;
                                                    Sec.   162.027-4;
                                                    Sec.   162.163-1;
                                                    Sec.   162.163-2;
                                                    Sec.   162.163-3;
                                                    Sec.   162.163-4;
                                                    Sec.   164.006-6;
                                                    Sec.   164.007-10;
                                                    Sec.   164.008-8;
                                                    Sec.   164.009-26;
                                                    Sec.   164.012-16;
                                                    Sec.   164.105-1;
                                                    Sec.   164.105-2;
                                                    Sec.   164.105-3;
                                                    Sec.   164.105-4;
                                                    Sec.   164.106-1;
                                                    Sec.   164.106-2;
                                                    Sec.   164.106-3;
                                                    Sec.   164.106-4;
                                                    Sec.   164.107-1;
                                                    Sec.   164.107-2;
                                                    Sec.   164.107-3;
                                                    Sec.   164.107-4;
                                                    Sec.   164.108-1;
                                                    Sec.   164.108-2;
                                                    Sec.   164.108-3;
                                                    Sec.   164.108-4;
                                                    Sec.   164.109-1;
                                                    Sec.   164.109-2;
                                                    Sec.   164.109-3;
                                                    Sec.   164.109-4;
                                                    Sec.   164.110-1;
                                                    Sec.   164.110-2;
                                                    Sec.   164.110-3;
                                                    Sec.   164.110-4;
                                                    Sec.   164.111-1;
                                                    Sec.   164.111-2;
                                                    Sec.   164.111-3;
                                                    Sec.   164.111-4;
                                                    Sec.   164.112-1;
                                                    Sec.   164.112-2;
                                                    Sec.   164.112-3;
                                                    Sec.   164.112-4;
                                                    Sec.   164.117-1;
                                                    Sec.   164.117-2;
                                                    Sec.   164.117-3;
                                                    Sec.   164.117-4;
                                                    Sec.   164.136-1;
                                                    Sec.   164.136-2;
                                                    Sec.   164.136-3;
                                                    Sec.   164.136-4;
                                                    Sec.   164.137-1;
                                                    Sec.   164.137-2;
                                                    Sec.   164.137-3;
                                                    Sec.   164.137-4;
                                                    Sec.   164.138-1;
                                                    Sec.   164.138-2;
                                                    Sec.   164.138-3;
                                                    Sec.   164.138-4;
                                                    Sec.   164.139-1;
                                                    Sec.   164.139-2;
                                                    Sec.   164.139-3;
                                                    Sec.   164.139-4;
                                                    Sec.   164.141-1;
                                                    Sec.   164.141-2;
                                                    Sec.   164.141-3;
                                                    Sec.   164.141-4;
                                                    Sec.   164.142-1;
                                                    Sec.   164.142-2;
                                                    Sec.   164.142-3;
                                                    Sec.   164.142-4;
                                                    Sec.   164.144-1;
                                                    Sec.   164.144-2;
                                                    Sec.   164.144-3;
                                                    Sec.   164.144-4;
                                                    Sec.   164.146-1;
                                                    Sec.   164.146-2;
                                                    Sec.   164.146-3;
                                                    Sec.   164.146-4;
                                                    Sec.   164.201-1;
                                                    Sec.   164.201-2;
                                                    Sec.   164.201-3;
                                                    Sec.   164.201-4;
                                                    Sec.   164.207-1;
                                                    Sec.   164.207-2;
                                                    Sec.   164.207-3;
                                                    Sec.   164.207-4.
                                3. FTP Code tests  46 CFR 159.010-3.
                                 laboratories ISO/
                                 IEC 17025
                                 certified.
E. Administrative changes.....  1. Correcting      46 CFR 114.400; Sec.
                                 metric              118.410; Sec.
                                 conversions.       175.400; Sec.
                                                    181.410.
                                2. Moving          46 CFR 181.400; Sec.
                                 regulations from    181.405.
                                 46 CFR 181.40 to
                                 181.405.
                                3. Addition of     33 CFR part 149.
                                 omitted
                                 statutory
                                 authority
                                 citation.
                                4. Editorial       46 CFR 28.325; Sec.
                                 changes and        28.830; Sec.   34.01-
                                 general            5; Sec.   34.50-15;
                                 clarifying         Sec.   56.60-25;
                                 changes.           Sec.   76.05-1; Sec.
                                                      76.05-5; Sec.
                                                    76.05-10; Sec.
                                                    76.05-20; Sec.
                                                    76.10-5; Sec.
                                                    76.10-10; Sec.
                                                    76.27-30; Sec.
                                                    76.27-90; Sec.
                                                    76.30-1; Sec.
                                                    76.30-5; Sec.
                                                    76.30-10; Sec.
                                                    76.30-15; Sec.
                                                    76.30-90; Sec.
                                                    76.33-1; Sec.
                                                    76.33-5; Sec.
                                                    76.33-10; Sec.
                                                    76.33-15; Sec.
                                                    76.33-20; Sec.
                                                    76.33-90; Sec.
                                                    76.35-1; Sec.
                                                    76.35-5; Sec.
                                                    76.35-10; Sec.
                                                    76.35-15; Sec.
                                                    76.50-20; Sec.
                                                    78.47-13; Sec.
                                                    92.07-1; Sec.
                                                    95.01-5; Sec.
                                                    95.05-1; Sec.
                                                    95.10-5; Sec.
                                                    95.10-10; Sec.
                                                    95.30-1; Sec.
                                                    108.405; Sec.
                                                    113.05-7; Sec.   116-
                                                    440; Sec.   118.310;
                                                    Sec.   118.400; Sec.
                                                      122.612; Sec.
                                                    147.65; Sec.
                                                    169.609; Sec.
                                                    169.236; Sec.
                                                    169.563; Sec.
                                                    169.629; Sec.
                                                    169.672; Sec.
                                                    169.703; Sec.
                                                    176.810; Sec.
                                                    177.410; Sec.
                                                    185.612; Sec.
                                                    189.25-20; Sec.
                                                    190.07-1; Sec.
                                                    193.10-5; Sec.
                                                    193.10-10; Sec.
                                                    193.50-1; Sec.
                                                    193.50-90.
------------------------------------------------------------------------

A. Fire Alarm and Detection Systems

    In 46 CFR parts 76 (Fire protection equipment in subchapter H), 95 
(Fire protection equipment in subchapter I), and 161 (Electrical 
equipment in subchapter Q), we propose updated requirements for fire 
alarm and detection systems. We propose harmonizing our operation and 
installation requirements with current national and international 
industry consensus standards to provide the regulated community with 
up-to-date requirements that better match the current state of the 
detection and alarm industry. Additionally, we propose reorganizing 
existing requirements and renaming some subparts or sections to better 
reflect any updates, reorganizations, or the revised or existing 
content of the sections for clarity and ease of reading.
1. Harmonization With National and International Industry Consensus 
Standards
    We propose to harmonize 46 CFR parts 76, 95, and 161 with the below 
listed national and international industry consensus standards. We 
discuss the effects of harmonizing Coast Guard regulations with these 
standards in the sections A.2 through A.7.
     Consolidated Text of the International Convention for the 
Safety of Life at Sea, 1974, and its Protocol of 1988: Article, Annexes 
and Certificates. (Incorporating all Amendments in Effect from July 1, 
2009) (``SOLAS''). SOLAS provides requirements for vessel construction, 
arrangement, and management on international voyages. With respect to 
fire detection and alarm systems, Chapter II-2, Regulation 7 identifies 
the general requirements for fire alarm systems on vessels.
     International Code for Fire Safety Systems, 2007 Edition, 
(``FSS Code''). The FSS Code provides international standards of 
specific engineering specifications for fire safety systems required by 
Chapter II-2 of SOLAS, as amended. The FSS Code details requirements 
for design, installation, and testing of fire protection and detection 
systems on vessels.
     International Standard IEC 60092-504, Electrical 
Installations in Ships--Part 504: Special Features--Control and 
Instrumentation, Third Edition 2001-03 (``IEC 60092-504''). This 
international standard is intended to ensure safety in the design, 
selection, installation, maintenance and use of electrical equipment 
for the generation, storage, distribution, and utilization of 
electrical energy for all purposes in seagoing ships. This standard 
deals with electrical, electronic, and programmable equipment intended 
for control,

[[Page 2260]]

monitoring, alarm, and protection systems for use in ships.
     American National Standard for Radiant Energy-Sensing Fire 
Detectors for Automatic Fire Alarm Signaling, February 2004 (``ANSI FM 
3260''). This standard sets operational, durability, and other 
specific, technical performance requirements for radiant energy-sensing 
fire detectors used for automatic fire alarm signaling for the 
protection of occupants, spaces, structures, areas, or objects.
     NFPA 13, Standard for the Installation of Sprinkler 
Systems, 2010 Edition. This standard covers the design and installation 
of sprinkler systems.
     NFPA 72, National Fire Alarm and Signaling Code, 2010 
Edition. This standard covers the application, installation, location, 
performance, inspection, testing, and maintenance of fire alarm 
systems, supervising station alarm systems, public emergency alarm 
reporting systems, fire warning equipment and emergency communications 
systems, and their components.
     UL 38, Standard for Manually Activated Signaling Boxes for 
Fire Alarm Systems, 2008. This standard sets operational, durability, 
and other specific, technical requirements for manual signaling boxes 
for fire alarm systems intended for permanent installation and use in 
ordinary locations.
     UL 268, Standard for Smoke Detectors for Fire Protective 
Signaling Systems, 2009. This standard sets operational, durability, 
and other specific, technical requirements for smoke detectors intended 
to be employed in indoor locations.
     UL 464, Standard for Audible Signaling Appliances, 2009. 
This standard sets operational, durability, and other specific, 
technical requirements for electrically and electronically operated 
bells, buzzers, horns, and similar audible signal appliances, rated 300 
volts or less, for general or fire-protective signaling service and 
intended for indoor or outdoor locations.
     UL 521, Standard for Heat Detectors for Fire Protective 
Signaling Systems, 1999. This standard sets operational, durability, 
and other specific, technical requirements for heat detectors for fire 
protective signaling systems intended to be installed in ordinary 
indoor and outdoor locations.
     UL 864, Standard for Control Units and Accessories for 
Fire Alarm Systems, 2003. This standard sets operational, durability, 
and other specific, technical requirements for discrete electrical 
control units and accessories for fire alarm systems to be employed in 
accordance with numerous NFPA Standards. The products covered by this 
standard are intended to be used in combination with other appliances 
and devices to form a commercial fire alarm system. These products 
provide all monitoring, control, and indicating functions of the 
system.
     UL 1480, Standard for Speakers for Fire Alarm, Emergency, 
and Commercial and Professional Use, 2003. This standard sets 
operational, durability, and other specific, technical requirements for 
speakers for indoor and/or outdoor use in dry, damp, wet, or underwater 
locations and are intended for fire alarm systems in accordance with 
the National Fire Alarm Code, NFPA 72, providing emergency voice/alarm 
occupant notification.
     UL 1971, Standard for Signaling Devices for the Hearing 
Impaired, 2002. This standard sets operational, durability, and other 
specific requirements for emergency-signaling devices for the hearing 
impaired. These devices should also be used in accordance with the 
requirements of the National Fire Alarm Code, NFPA 72. A signaling 
device, as covered by these requirements, consists of a unit assembly 
of electrical parts having provision for the connection of power supply 
circuits routed through the equipment by a prescribed scheme of 
circuiting.
2. Optional Use of Detection and Alarm System Requirements of SOLAS and 
the FSS Code
    In 46 CFR subpart 76.27 (Fire Detection and Alarm System, Details), 
we propose to allow non-SOLAS vessels to meet either the appropriate 
provisions of SOLAS and the FSS Code, or existing Coast Guard 
regulations for the design and installation of fire detection and alarm 
systems. Specifically, proposed Sec.  76.27-1(b) states that the 
design, manufacture, installation, and operation of fire detection and 
alarms systems must be in accordance with either SOLAS Chapter II-2, 
Regulation 7 and the FSS Code Chapter 9, or Coast Guard requirements in 
Sec.  76.27-5 through 76.27-35. Proposed Sec.  76.27-70 sets forth the 
additional requirements with which SOLAS certificated U.S. ships must 
comply when using the regulations in SOLAS and the FSS Code. Proposed 
Sec.  76.27-70 also codifies existing U.S. interpretations of SOLAS and 
the FSS Code and provides clarification on these regulations.
    These changes are proposed to provide U.S. vessel owners and/or 
operators and designers greater flexibility in detection and alarm 
system design. The Coast Guard, using input from multiple public 
meetings, actively participated in the formation of these international 
requirements and therefore determined that these standards provide the 
appropriate level of safety and are broadly equivalent to existing 
Coast Guard regulations.
3. Consolidation and Revision of Operation and Installation 
Requirements
    The Coast Guard proposes to change the title of 46 CFR 76.05-1 from 
``Fire detecting systems'' to ``Fire detection and alarm systems'' 
because we are consolidating alarm and fire detection system 
requirements to reflect modern seamless electronic technology. 
Additionally, the text of this section would be edited to cover alarm 
systems in addition to fire detection systems.
    The Coast Guard proposes to consolidate existing Sec. Sec.  76.27, 
76.30, 76.33, and 76.35 into one revised subpart 76.27. The existing 
regulations for fire detection and alarm systems have not been updated 
appreciably since they were first promulgated in 1965 (30 FR 16940, 
December 30, 1965). As such, they do not reflect developments in the 
field of fire detection and alarm systems used on land or in the marine 
environment. These proposed changes consolidating existing regulations 
into and updating subpart 76.27 would also affect 46 CFR subchapters C, 
I, K, and T where these regulations refer to subchapter H for fire 
detection and alarm system requirements.
    We propose changing the title of subpart 76.27 from ``Electric Fire 
Detecting System, Details'' to ``Fire Detection and Alarm System, 
Details'' to reflect the proposed consolidation of alarm and fire 
detection system requirements within this subpart. Along with the new 
text consolidating the alarm and fire detection system requirements and 
adapting to digital electronic technology, we propose to reorganize the 
sections within subpart 76.27 to better reflect the proposed and 
revised content of these sections. Specifically, Sec.  76.27-1 would 
remain ``Application''; Sec.  76.27-5 would become ``General''; Sec.  
76.27-10 would become ``Operation''; Sec.  76.27-15 would become 
``Detectors''; Sec.  76.27-20 would be titled ``Alarm indicators''; 
Sec.  76.27-25 would be titled ``Power and circuitry''; Sec.  76.27-30 
would be titled ``Zoning''; Sec.  76.35 would be titled 
``Installation''; Sec.  76.27-70 would be titled ``Application of SOLAS 
and the FSS Code''; Sec.  76.27-80 would be titled ``Installations 
contracted

[[Page 2261]]

for on or after November 19, 1952 and prior to [2 YEARS AND 180 DAYS 
AFTER DATE OF PUBLICATION OF FINAL RULE]''; and Sec.  76.27-90 would 
remain ``Installations contracted for prior to November 15, 1952.'' The 
proposed changes to the text of these sections are discussed in more 
detail below.
    As introduced above, we also propose to consolidate into subpart 
76.27 the requirements for electric, pneumatic, and manual fire 
detection and alarm systems in consideration of the seamless technology 
that is now being employed in the industry. The proposed rule would 
consolidate elements of pneumatic fire detection systems currently set 
forth in subpart 76.30, elements of smoke-detecting systems currently 
set forth in subpart 76.33, and elements of manual alarm systems 
currently set forth in subpart 76.35. These proposed changes reflect 
the current practice of the fire protection industry, which seamlessly 
integrates fire detection and alarm systems together. The existing 
organization artificially segregates elements of fire detection and 
alarm systems based on the type of system. Additionally, in Sec.  
76.27-15 we propose to broaden the scope of electric fire detecting 
systems to cover fire detection and alarm systems responsive to heat, 
smoke, flame, or other fire indicators, to allow the use of these 
detection technologies as our regulations currently limit the detection 
types that can be used.
    We also propose creating new Sec.  76.27-5 to explicitly set forth 
the functional requirements of fire detection and alarm systems that 
were implicit in the existing regulations. Specifically, this section 
would require the fire detection and alarm system to detect fires in 
protected spaces, to process this information, and to signal the crew 
and passengers as appropriate. This proposed change would provide the 
purpose and functional requirements of each currently required device. 
By providing a performance standard we would allow industry the 
flexibility in meeting and obtaining safety objectives.
    We also propose to move the installation requirements for approved 
fire detecting systems on certain existing vessels from Table 76.05-
1(a) to new Table 76.27-80. Fire detection and alarm system 
installation requirements for new vessels would be found in proposed 
Sec.  76.27-35(a), as discussed below. Existing installation 
requirements for approved fire extinguishing systems will remain the 
same; however we propose to move these requirements from Table 76.05-
1(a) to new Table 76.05-20.
    We propose revising Sec.  76.27-10 to bring the requirements for 
operation of prescribed fire detection and alarm systems in line with 
modern, electronic, and commercially available units. This proposed 
change would remove the current restriction against an interface 
between a fire detection and alarm system and related safety systems, 
as well as ship operating systems, to exploit the efficiencies and 
added safety afforded by modern industry practice.
    We also propose to move a portion of the former text of Sec.  
76.27-15 to new Sec.  76.27-35. The effect of this proposed change 
would be to allow, in addition to heat detectors, the use of approved 
smoke, flame, or other detectors of fire indicators. This proposed 
change would take advantage of the availability of reliable smoke 
detectors in today's market.
    We propose new Sec.  76.27-20 to provide detailed requirements for 
alarm indicators, which align with modern electronic indicators that 
are commercially available.
    We propose new Sec.  76.27-25 to indicate that the power and 
circuitry of the fire detection and alarm system must comply with 46 
CFR subchapter J (Electrical Engineering).
    We propose renumbering existing Sec.  76.27-5 as new Sec.  76.27-
30, and amending this section to provide flexibility to employ systems 
using electronically addressable detectors. When an addressable 
detector is triggered, the identity, type, and location of the detector 
can be immediately displayed at the control panel. This information is 
more precise and useful than that afforded by a zoned system. Thus, we 
propose allowing systems using addressable detectors as an alternative 
to zoned systems.
    Proposed new Sec.  76.27-35 would cover installation of the 
components of fire detection and alarm systems, and include some 
relevant existing text that would be moved to this new section from 
Sec. Sec.  76.27-15 and 76.35-10. In addition, in this proposed new 
section, we propose to require that the spacing of certain other 
elements in vessels be according to spacing derived from the tests 
passed to obtain type approval, rather than an arbitrary maximum. This 
should encourage innovation and flexibility in the marine detection and 
alarm market.
4. Grandfathering and 2\1/2\-Year Compliance Period
    The Coast Guard proposes to allow existing vessels to continue to 
use their currently installed fire detection and alarm systems that 
were designed, installed, and currently operated in accordance with 
existing subparts 46 CFR 76.27, 76.30, 76.33, and 76.35 until the 
existing system is altered or a new system is added. It is Coast Guard 
policy to permit grandfathering and not require retrofitting unless 
there is a significant safety concern, and the proposed changes for 
fire alarm and detection systems are not aimed at addressing identified 
safety deficiencies but are intended to update our regulations to allow 
the use of the most modern technology.
    Additionally, the Coast Guard proposes to allow new installations 
of currently approved fire detection and alarm systems designed and 
installed in accordance with existing subparts 76.27, 76.30, 76.33, and 
76.35 for 2\1/2\ years from the date of the final rule publication. The 
Coast Guard proposes this 2\1/2\-year compliance period to allow 
manufacturers to appropriately plan and conduct testing of existing 
systems to the proposed new standards. Based upon our understanding of 
technology and industry this 2\1/2\-year compliance period would allow 
manufacturers ample time to design, test, and gain approval for fire 
detection systems and devices. Many of the Coast Guard's rules set 
compliance dates based on the vessel's keel laying or contract date; 
this is to prevent the need to make drastic changes to vessel designs 
once a vessel has been contracted or construction has begun. For this 
rule, however, we have proposed a compliance date based on the date of 
installation because detection and alarm system details can easily be 
changed at any time without redesign of previously approved plans. For 
this rule, installation date would be considered the date of final 
inspection/acceptance of the fire detection and alarm system. We 
specifically seek comments on whether this timeframe is sufficient.
    Existing vessels that alter existing installations or add new 
systems after the 2\1/2\-year compliance period, however, would be 
required to comply with the new rule. We propose to allow the 
installation of fire detection and alarm systems approved using 
existing Coast Guard installation requirements and approvals to remain 
valid for installation until 2\1/2\ years after the publication date of 
the final rule. New fire detection equipment approvals would need to 
meet the proposed new requirements as of the effective date of the 
final rule.
    In proposed new Sec.  76.27-80, we would consolidate the existing 
requirements for electrical fire detection systems found in Sec. Sec.  
76.27-5, 76.27-10, and 76.27-15. These requirements

[[Page 2262]]

would only apply to installations contracted for on or after November 
19, 1952 and prior to [2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION 
OF FINAL RULE]. The existing requirements for pneumatic fire detecting 
systems, smoke detecting systems, and manual alarm systems that are 
found in subparts 76.30, 76.33, and 76.35 would remain the same. 
However, we propose to narrow the applicability of each of these 
subparts to installations contracted for on or after November 19, 1952 
and prior to [2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION OF FINAL 
RULE]. See changes to proposed Sec. Sec.  76.30-1, 76.33-1, and 76.35-
1.
5. Sample Extraction Smoke Detection Systems
    We propose to amend 46 CFR 95.05-1 and 95.05-3 to require that 
smoke detection systems installed on vessels carrying explosive cargoes 
comply with the provisions of Chapter 10 of the FSS Code which provides 
details of component, installation, control, and testing requirements 
for sample extraction type smoke detection systems. Currently available 
and approved smoke sampling systems are already designed to meet 
Chapter 10 of the FSS Code. For existing vessels, we would require 
retrofitting to comply with the revised requirements that change the 
requirement for smoke sample exhaust in Sec.  76.33-20(c), within 5 
years of publication of the final rule. To ensure personnel safety, we 
propose to revise Sec.  76.33-20(c) to require smoke samples to exhaust 
to the outside; the existing regulations allow smoke samples from these 
systems to be discharged to the bridge or fire control station to allow 
the detection of fire by odor. This practice has been deemed unsafe by 
the Coast Guard and the international maritime industry, and has been 
replaced by a provision requiring smoke samples to exhaust to the 
outside (See IMO Resolution A.515(13), Annex 2, paragraph 1.11). 
Existing vessels with sample extraction type smoke detection systems 
that do not exhaust to the outside are a significant safety concern. 
Therefore, the Coast Guard would require vessels to meet the proposed 
requirements in Sec.  76.33-20(c) within 5 years of the publication 
date of the final rule. The 5-year compliance deadline aligns with the 
current dry-docking interval.
    Based on a review of vessel records contained in the Coast Guard's 
Marine Information for Safety and Law Enforcement (MISLE) database, the 
majority of existing vessels no longer have sample extraction type 
smoke detection systems or have already upgraded to the types of 
systems we are proposing to require in this rulemaking. Therefore, we 
expect this retrofitting requirement to affect only four vessels.
    Additionally, we understand that the Coast Guard-approved systems 
currently available for new installations already meet the requirements 
of Chapter 10 of the FSS Code, including all necessary planning and 
tests, because manufacturers are already complying with the FSS Code 
requirements. Because available systems already meet the proposed 
rule's requirement to comply with the provisions of Chapter 10 of the 
FSS Code, we are not proposing any compliance period. We specifically 
seek comments on whether a compliance period is necessary and why.
6. Changes to Approval Processes for Detection and Alarm Systems
    Regulations in 46 CFR 161.002 specify requirements for design and 
manufacture of fire detection systems and devices for Coast Guard 
approval. The Coast Guard proposes to update these requirements and add 
a new approval process for individual devices (e.g., detectors, control 
panels, alarms, etc). The proposed updates reflect current industry 
practices as well as current fire detection technology. The proposed 
new approval process of individual devices would simplify the current 
Coast Guard approval process. To reflect these changes, the Coast Guard 
proposes to change the name of subpart 161.002 from ``Fire Protective 
Systems'' to ``Fire Detection Systems.''
    We propose new Sec.  161.002-2--Definitions, that would define fire 
detection and alarm system testing and equipment related terms that are 
used in this subpart. These terms are frequently associated with fire 
detection systems of today and are commonly used industry terms.
    We propose to remove Sec.  161.002-3--Materials and workmanship, 
because suitability of materials is covered by the national industry 
consensus standards that we propose to incorporate by reference in 
Sec. Sec.  161.002-4, 161.002-6, 161.002-10, and 161.002-15.
    In Sec.  161.002-4--General requirements, we propose to limit this 
section to the discussion of only the general requirements for fire 
detection systems. We also propose to move the existing provision 
concerning testing requirements from this section to proposed new Sec.  
161.002-6. Section 161.002-4 would retain the requirement that all fire 
detection systems be designed, constructed, tested, marked, and 
installed according to the applicable standards in 46 CFR subchapter J.
    We propose to add Sec.  161.002-6--Testing requirements, in order 
to outline the testing requirements for fire detection systems and 
devices. Paragraph (a) of this proposed section would allow 
manufacturers to use a Coast Guard-accepted laboratory (See 46 CFR 
159.010) or an NRTL accepted by the Occupational Safety and Health 
Administration (OSHA) (as meeting OSHA standards in accordance with 29 
CFR 1910.7) to conduct functional tests of fire detection systems and 
devices. OSHA maintains a listing of current NRTLs on its Web site at 
http://www.osha.gov/dts/otpca/nrtl/index.html. This proposed change 
would provide manufacturers with more flexibility and options for 
choosing a test laboratory. Additionally, this proposed change would 
make it easier for manufacturers of fire detection systems not 
traditionally in the marine market to gain Coast Guard approval because 
only a limited number of tests would need to be conducted by a Coast 
Guard accepted independent laboratory. This proposed change would also 
allow land-based fire detection system and device manufacturers that 
have previously tested and listed their product with an NRTL to get 
Coast Guard approval without having to repeat previous tests. As 
explained below, we will retain the requirement that certain marine 
environmental tests, such as resistance damage due to vibration, be 
conducted by Coast Guard accepted independent laboratories.
    Paragraph (b) of this proposed section would require a 
manufacturer, in order to have a fire detection system or device Coast 
Guard-approved, to test that system or device in accordance with UL 38, 
268, 464, 521, 864, 1480, and 1971, and ANSI FM 3260. These are the 
most up-to-date industry consensus standards for fire detection system 
or device approvals and are already used widely by the fire detection 
industry. We do not expect any additional impact to the industry 
because industry is already voluntarily using these standards in order 
to achieve laboratory listing for land-based and marine products.
    Paragraph (c) of this proposed section would add a reference to IEC 
60092-504, which contains marine environmental testing requirements. 
Per 46 CFR 113.05-7, the currently required tests come from American 
Bureau of Shipping Rules for Building and Classing Steel Vessels (ABS) 
(2003) or Category ENV3 Tests of Lloyds Register Type Approval System 
(ENV3), Test Specification Number 1 (2002). The proposed rule would 
require the use of

[[Page 2263]]

tests from IEC 60092-504, which are effectively the same as the ABS and 
ENV3 tests, except the IEC tests are the international industry 
standard. Requiring the IEC tests would harmonize our regulations with 
international industry standards and current industry practice. To be 
Coast Guard-approved, fire detection systems or devices must meet the 
environmental testing parameters outlined in the newly proposed Table 
161.002-6(c). In paragraph (c), the Coast Guard would require that 
these tests be performed only by Coast Guard accepted independent 
laboratories because they have demonstrated experience and expertise in 
conducting these tests.
    Paragraph (d) of this proposed section would require that the 
enclosure protection requirements for control panels and remote 
annunciators comply with IEC 60092-504 and 46 CFR 111.01-9 of 
subchapter J. We do not expect these requirements to have any effect on 
the manufacturers of these devices. IEC 60092-504 refers to the 
requirements of IEC 60529 (incorporated by reference in 46 CFR 110.10-
1) for enclosure protection. These enclosure protection requirements 
are currently optional in 46 CFR 111.01-9, and a majority of the 
manufacturers are using this method of enclosure protection already.
    We propose to change the title of Sec.  161.002-8 from ``Automatic 
fire detection systems, general requirements'' to ``Fire detection 
systems, general requirements'' because it covers the general 
requirements for all fire detection systems. We also propose to update 
the language in this section to better reflect the updated terminology 
as defined in newly proposed Sec.  161.002-2.
    We propose to change the title of Sec.  161.002-9 from ``Automatic 
fire detection system, power supply'' to ``Fire detection system, power 
supply'' because it covers the power supply for all fire detection 
systems. We also propose to update the language in this section to 
better reflect updated terminology as defined in proposed new Sec.  
161.002-2.
    We propose to change the title of Sec.  161.002-10 from ``Automatic 
fire detecting system control unit'' to ``Fire detection system control 
unit'' to better reflect updated terminology. We also propose changes 
that focus this section on the electrical requirements for fire 
detection system control units. Specifically, we propose requiring that 
control units meet the requirements of Sec.  111.01-9, which gives 
details of the electrical protection needed to keep control units safe 
from environmental damage. We are doing this to be clear that those 
requirements apply to control units, as it is not clearly stated in the 
existing regulations. Additionally, we propose to require that the 
electrical supervision of circuits meet the standards of NFPA 72. 
Specifically, the electrical supervision circuit must be a Class A or 
Class X pathway as specified in NFPA 72, which is an industry standard 
for circuitry. The intent of this proposed change is to require that 
the circuit be capable of monitoring and alarming if there is a problem 
with the wiring of the fire detection devices within the fire detection 
system; other classes (B, C, D, and E) of circuitry do not do this. We 
also propose changing the title of this section from ``Automatic fire 
detection system control unit'' to ``Fire detection system control 
unit'' to better reflect the revised content of this section. The 
existing provisions in this section that address requirements for alarm 
performance and operation for each individual device would be relocated 
to proposed new Sec.  161.002-6.
    We propose removing Sec.  161.002-12--Manual fire alarm systems, 
because requirements for manual fire alarm systems are covered by UL 
38, which would be incorporated by reference in proposed new Sec.  
161.002-6, as discussed above.
    We propose removing Sec.  161.002-14--Watchman's supervisory 
systems, because these types of systems are no longer used in new 
vessel construction. These systems have been replaced with addressable 
fire detection systems. There are currently no Coast Guard approved 
watchman's supervisory systems.
    We propose to amend Sec.  161.002-15--Sample extraction smoke 
detection systems to harmonize our regulations with the FSS Code, which 
is the current international consensus standard. This proposed change 
incorporates the FSS Code's requirements for the design of the sample 
extraction type smoke detection systems, including its control unit and 
power supply. We propose to allow the listing of the control unit to 
meet the standards of the FSS Code or UL 864. This action would not add 
any additional requirements, but harmonizes our regulations with 
current industry practice.
    We propose to change the title of Sec.  161.002-18--Method of 
application for type approval, to ``System method of application for 
type approval'' because we are proposing to differentiate between the 
fire detection system method of approval and the fire detection device 
method of approval. We would limit this section to the system approval 
requirements for fire detection systems because we propose changes to 
our product approval methods, which would make Coast Guard approval 
easier for manufacturers to obtain, and ultimately lead to a wider 
array of choices for owner/operators, shipyard installers, and system 
designers. The Coast Guard's current fire detection approval process 
requires that the entire system be approved as a complete system. If a 
component of an approved system needs to be changed or updated, a 
manufacturer must have the entire system re-approved. For vessel owner/
operators this system-wide approval means that when a component needs 
to be replaced, one matching the existing system must be found. This 
system-wide approval also means that specialty parts manufacturers, 
such as those that only manufacture heat detectors, cannot enter into 
the marine market.
    We propose to add new Sec.  161.002-19--Device method of 
application for type approval, that would explain the new type-approval 
application method for individual fire detection and alarm system 
devices. This process would allow manufacturers to get individual fire 
detection devices (e.g., heat detectors) approved separately from a 
complete system. This new type approval application process would be 
the same as the current process in Sec.  161.002-18, except that it 
would be limited to reviewing and approving the individual devices, 
rather than the entire systems.
    As part of that process, we would approve individual devices and 
accept tests of the individual devices conducted by NRTLs. NRTLs are 
laboratories regulated by OSHA, similar to Coast Guard regulation and 
oversight of Coast Guard-accepted independent laboratories, and 
therefore provide an equivalent level of safety to Coast Guard accepted 
laboratories with regards to the functional testing of individual fire 
detection devices. The use of NRTLs in addition to Coast Guard accepted 
laboratories for this purpose would allow greater flexibility in the 
design and installation of the fire detection and alarm systems that 
use individual devices, and could open the market to new and smaller 
manufacturers. This flexibility would result in a broader spectrum of 
products available that could be used to design fire detection and 
alarm systems that best fit each individual vessel. In addition, the 
safety and reliability of these fire detection and alarm systems would 
be enhanced by aligning our regulations with modern design and 
manufacturing practices as discussed above, specifically in proposed 
Sec.  161.002-6.

[[Page 2264]]

7. Revised Requirements Using Guidance Found in Navigation and Vessel 
Inspection Circular (NVIC) 7-80 for Excess Detection Systems
    The Coast Guard proposes to codify NVIC 7-80, Use of Fire Detection 
Systems Which Are Not Approved Under Sec.  161.002 (available online at 
http://www.uscg.mil/hq/cg5/nvic/pdf/1980/n7-80.pdf). See proposed 
sections 33 CFR 149.404; 46 CFR 27.203, 28.155, 34.01-5, 76.01-5, 
95.01-5, 118.120, 132.340, 167.45-30, 181.120, and 193.01-5. These 
provisions would allow the carriage of excess fire detection systems 
that meet the following criteria: Non-Coast Guard approved, provided 
that the system's components are listed by an NRTL; designed, 
installed, tested, and maintained in accordance with an appropriate 
industry standard and the manufacturer's specific guidance; the 
installation conforms to the requirements of 46 CFR subchapter J 
(Electrical Engineering), with specific regard to the hazardous 
location installation regulations; the Coast Guard plan review is 
completed for wiring plans; and the system and components remain 
functional as intended. The Coast Guard has permitted the use of NRTL-
approved fire detection systems as excess equipment where our 
regulations do not require fire-detection systems equipment because 
excess equipment undergoes extensive performance testing before it 
receives a listing by an NRTL. NRTL-approved equipment, however, may 
not have been tested for durability, vibration and corrosion 
resistance, and other properties important to marine use, and therefore 
cannot be substituted for required equipment. We would codify this 
guidance and cancel NVIC 7-80.

B. Fire Extinguishers

    We propose to replace Coast Guard-unique requirements for portable 
and semi-portable fire extinguisher rating, maintenance, and testing 
and labeling with national consensus standard requirements. The 
proposed rule would replace: The Coast Guard weight-based rating scale 
for fire extinguishers with performance ratings in UL 711 ``Standard 
for Rating and Testing of Fire Extinguishers'' (7th Edition); the Coast 
Guard-unique maintenance procedures with a requirement to maintain fire 
extinguishers in accordance with NFPA 10 ``Standard for Portable Fire 
Extinguishers'' (2010 Edition); and the Coast Guard-specific tests for 
marine-type approval for fire extinguishers with testing and labeling 
methods in five separate UL standards. The proposed rule also would 
reduce the required number of spare extinguishers and charges onboard 
classes of vessels required to carry spares.
    The discussion of these proposed changes, below, covers both 
portable and semi-portable fire extinguishers and refers to them as 
``fire extinguishers'' (excluding fixed fire extinguishing systems) 
unless specifically noted.
1. Ratings: UL 711 and NFPA 10:2010
    The Coast Guard proposes to replace the Coast Guard-unique rating 
system set forth in 33 CFR 145.05, 46 CFR 34.50-5, 76.50-5, 95.50-5, 
132.210 and 193.50-5 with the rating system in UL 711, ``Standard for 
Rating and Testing of Fire Extinguishers'' (UL ratings) to eliminate 
confusion caused by fire extinguishers being labeled with both the 
Coast Guard rating and the UL rating. UL 711 details performance 
testing required for rating a fire extinguisher, and its use for 
marking fire extinguishers would be required in 46 CFR 162.028-2 and 
162.039-2 (the UL rating uses the classification of fires as set forth 
in NFPA 10:2010). Currently, Coast Guard regulations in Sec. Sec.  
162.028-4 and 162.039-4 require labeling fire extinguishers with the 
Coast Guard-unique rating system using an alpha-numeric designation, 
which is based on the weight of the extinguishing agent in the 
extinguisher. Coast Guard regulations also require each fire 
extinguisher to meet the listing and labeling requirements of the 
independent laboratory that tests the extinguisher for approval. 
Currently, all the fire extinguishers the Coast Guard has approved were 
tested by UL or by another laboratory using the UL ratings. Therefore, 
all Coast Guard accepted independent laboratories already test and 
label the fire extinguishers with the UL ratings (example: 20-B:C) as 
well as the Coast Guard rating (example: B-II).
    The Coast Guard weight-based rating system presumes that any 
extinguisher with 10 pounds of extinguishing agent would have less 
extinguishing capability than an extinguisher with 15 pounds of 
extinguishing agent. However, this method of rating fire extinguishers 
is inconsistent with the UL ratings, which use a performance-based 
rating system that could rate fire extinguishers with 10 or 15 pounds 
of extinguishing agent the same, provided they can extinguish the same 
test fire.
    To determine if there is a correlation between the two rating 
systems, we used Annex H of NFPA 10: 2010 to compare the Coast Guard's 
weight-based rating system with the average UL ratings given to fire 
extinguishers with similar agent capacities. Annex H, Table H.2 
identifies not only the agent capacities but the typical UL rating for 
an extinguisher of that type. This allowed us to identify the UL 
ratings that corresponded to our existing minimum weight-based 
requirements. We would use these corresponding UL ratings instead of 
the Coast Guard weight-based ratings in Sec.  162.028-2, 162.028-3, 
162.039-2, and 162.039-3.
    The Coast Guard also proposes to designate fire extinguishers as 
semi-portable based on an overall weight of over 50 pounds rather than 
on the weight of the agent carried, as set forth in proposed 162.039-
3(b).
    In 46 CFR 76.50-20, the Coast Guard proposes to require the use of 
fire extinguisher hoses and nozzles suitable for reaching all areas of 
a protected space in consideration of the unwieldy nature of the semi-
portable fire extinguishers. Although currently approved semi-portable 
fire extinguishers are equipped with hoses and nozzles, we are 
clarifying that these must be adequate for their installed location. 
The Coast Guard does not intend to require that vessels replace 
existing properly functioning and properly installed fire extinguishers 
that meet the current Coast Guard weight-based requirement because they 
have a different UL rating than is proposed.
    The proposed rule allows each class of vessel addressed in each 
affected subchapter to keep existing fire extinguishers aboard, 
provided that each fire extinguisher is properly maintained. See 
proposed sections 33 CFR 145.15; and 149.410; and 46 CFR 25.30-1; 
25.30-80; 34.50-1; 34.50-80; 76.50-1; 95.01-1; 95.50-1; 95.50-80; 
108.491; 118.115; 132.250; and 193.50-80. When a fire extinguisher is 
replaced, however, the replacement fire extinguisher would have to meet 
the proposed new requirements.
    We believe that eliminating our existing Coast Guard-unique rating 
system would enhance maritime safety by aligning our requirements for 
extinguishing capacities with the accepted national industry standard 
to ensure that the appropriate sizes and types of fire extinguishers 
are used. Further, these proposed changes would simplify the labeling 
requirements for manufacturers and limit confusion when purchasing fire 
extinguishers for marine use.
    Notably, this proposed change from the Coast Guard-unique ratings 
to the UL ratings would completely eliminate carbon dioxide 
(CO2) semi-portable fire extinguishers as an option for 
semi-portable fire extinguishers required in machinery spaces. Under 
the current regulations, large CO2 fire extinguishers with a 
capacity of 100 pounds of CO2

[[Page 2265]]

(B-V semi-portable fire extinguishers) satisfy the Coast Guard rating 
requirements for machinery spaces, but these types of fire 
extinguishers cannot meet the UL testing standards to receive a high 
enough rating to be used in these locations. Although we are not 
proposing to require replacing these existing installations because we 
do not have casualty data to justify the economic burden to industry of 
replacing operable extinguishers, we note that large non-CO2 
extinguishers are cheaper than these large CO2 
extinguishers, and encourage vessel owners/operators to replace these 
CO2 extinguishers. Replacement extinguishers would have to 
comply with the requirements as proposed in 33 CFR 145.10 and 149.409; 
and 46 CFR 25.30-20; 27.303; 27.305; 28.160; 34.50-10; 76.50-10; 95.50-
10; 95.50-20; 108.495; 108.496; 118.500; 132.220; 132.240; 169.567; 
181.500; 193.50-10; and 193.50-20.
2. Maintenance: NFPA 10: 2010
    We propose to require that vessel owners and/or operators ensure 
that inspection, maintenance and recharging of fire extinguishers are 
carried out in accordance with NFPA 10: 2010. We propose the use of 
NFPA 10: 2010 maintenance standards because they provide more complete 
maintenance requirements as compared with current Coast Guard fire 
extinguisher maintenance requirements in 33 CFR 145.01; and 149.408; 
and 46 CFR 25.30-10; 31.10-18; 71.25-20; 91.25-20; 107.235; 169.247; 
176.810; and 189.25-20. NFPA 10 provides details for the selection, 
installation, inspection, maintenance, and testing of fire 
extinguishers. Specifically, NFPA details how often and what items to 
check on an extinguisher, when to repair or replace extinguishers, and 
provides details for refilling or recharging extinguishers as needed.
    NFPA 10 distinguishes between monthly inspections, which are simple 
visual checks of the fire extinguisher, and annual maintenance, which 
includes thorough inspection of the condition of the fire extinguisher 
and inspection or replacement of components. NFPA 10 requires that the 
annual maintenance and recharging of fire extinguishers be done by 
certified persons (see the next paragraph), while monthly inspections 
may be conducted by personnel (such as crew) who are not required to be 
certified. On a vessel, for example, this means that monthly 
inspections could be completed by the owner/operator, person-in-charge, 
master, or a designated member of the crew. However, annual maintenance 
would need to be conducted by a certified person. NFPA 10 does not 
clearly identify certification standards and leaves approval to local 
Authorities Having Jurisdiction (AHJ), therefore, the Coast Guard is 
proposing to accept any certification by an AHJ. We propose 
incorporating NFPA 10: 2010 by reference into each affected subchapter 
for maintenance requirements for fire extinguishers. See proposed 
sections 33 CFR 145.01 and 149.408; and 46 CFR 25.30-10; 31.10-18; 
71.25-20; 91.25-20; 107.235; 169.247; 176.810; 188.01-05; and 189.25-
20.
    We propose to allow the annual maintenance of non-rechargeable or 
non-refillable fire extinguishers to be conducted by a certified 
person, owner/operator, person-in-charge, or a designated member of the 
crew. This is because NFPA 10 directs that such extinguishers found to 
be deficient be removed from service, and this type of review and 
replacement is easily managed by personnel appointed by the vessel 
owner/operator.
    NFPA 10 has included the standard requirements for the use of 
certified servicing agents since August 17, 2008. This standard is 
widely adopted as the national standard for maintenance and repair of 
fire extinguishers. Therefore, maintenance conducted by certified 
companies is generally conducted in accordance with NFPA 10 guidelines 
by certified personnel. Since most fire extinguisher servicing 
companies serve the marine market in addition to their land-based 
clientele, we do not anticipate that vessel owner/operators would have 
difficulty finding an appropriately certified company. Additionally, a 
vessel owner/operator could use an appropriately certified employee to 
conduct annual maintenance of fire extinguishers.
3. Testing: UL 8, UL 154, UL 299, UL 626, UL 2129
    The requirements for Coast Guard approval of portable and semi-
portable fire extinguishers are found in 46 CFR 162.028 and 162.039. 
These subparts are similar in structure, and we propose to make 
identical changes in both subparts to remove the existing Coast Guard-
unique requirements and, in their place, require conformity with the 
industry standards for testing and labeling fire extinguishers.
    We propose to require the use of five UL standards for the testing 
and labeling of fire extinguishers instead of the current Coast Guard-
specific testing requirements in Sec. Sec.  162.028-3 and 162.039-3. 
The five UL manufacturing standards that would be incorporated by 
reference into Sec. Sec.  162.028-1 and 162.039-1 are: (1) UL 8, 
Standard for Foam Fire Extinguishers; (2) UL 154, Standard for Carbon-
Dioxide Fire Extinguishers; (3) UL 299, Standard for Dry Chemical Fire 
Extinguishers; (4) UL 626, Standard for 2\1/2\-Gallon Stored Pressure, 
Water-Type Fire Extinguishers; and (5) UL 2129, Standard for Halocarbon 
Agent Fire Extinguishers. Each of these UL standards gives specific 
technical requirements for construction, performance testing, 
packaging, and marking of the specific type of extinguisher.
    The current requirements in Sec. Sec.  162.028-3 and 162.039-3 are 
duplicative of the UL standards and, as discussed above, fire 
extinguishers are already being tested to these UL standards by Coast 
Guard accepted independent laboratories. This proposed change would 
eliminate the duplicative Coast Guard requirements by replacing them 
with the requirement to use the UL standards, and reflect current 
industry practice.
4. Approval Process
    We propose changes to Sec. Sec.  162.028-5 and 162.039-5 to list 
our Web site at http://cgmix.uscg.mil as the place to find the list of 
laboratories recognized by the Coast Guard to conduct testing of fire 
extinguishers. Currently, we list the recognized laboratories in the 
regulations. Providing a Web site in the regulations, rather than the 
list itself, would provide continually updated information concerning 
recognized independent laboratories.
    We also propose changes to Sec. Sec.  162.028-7 and 162.039-7 to 
more clearly reflect the procedure that fire extinguisher manufacturers 
must use to request and obtain Coast Guard approval. The proposed 
change would provide for a Coast Guard-recognized independent 
laboratory to approve the extinguishers on behalf of the Coast Guard as 
detailed in a Memorandum of Understanding (available in the docket as 
described under ADDRESSES above) required by existing Sec.  159.010-7 
between the Coast Guard and the laboratory.
5. Reducing and Relocating Spare Portable Extinguisher Requirements
    We propose to reduce the number of spare portable fire 
extinguishers required and add this number to the tables that indicate 
the location and number of required extinguishers in 46 CFR 34.50-
10(a), 76.50-10(a), 95.50-10(a), 108.495, 169.567(a), and 181.500(b).
    Spare fire extinguishers are not required to be kept in open 
locations for

[[Page 2266]]

use during firefighting and are, therefore, not intended to be used as 
``back-up'' for when an extinguisher required for a space does not work 
or is expended during firefighting activities. Spare extinguishers are 
carried on board to replace those taken out of service in the case of 
damage, low charge, or in the infrequent case they were expended in 
firefighting activities prior to returning to port. Given the relative 
ease of purchasing Coast Guard approved fire extinguishers--they can be 
purchased at nearly any large home improvement or even hardware store--
and the speed of shipping Coast Guard approved extinguishers within the 
U.S., the carriage of a large number of spares is unnecessary for 
vessels on domestic routes.
    Additionally, a reduction in the number of spares required is 
warranted by the proposed, enhanced maintenance requirements that would 
make extinguishers more reliable, further reducing the need to carry a 
large number of spare extinguishers. Therefore, the Coast Guard 
proposes to reduce the number of spares required by reducing the 
percentage of spares specified in 46 CFR 34.50-10(a), 76.50-10(a), 
95.50-10(a), 108.495, 169.567(a), and 181.500(b), and deleting the 
following sections: 46 CFR 34.50-15, 76.50-15, 95.50-15, 132.230 and 
193.50-15. We seek specific comments on the appropriate percentage of 
spares necessary on domestic vessels. We propose to reduce the 
percentage from 50 percent to as low as 10 percent, depending on the 
comments received. In comments submitted to the docket, please indicate 
the recommended percentage (ranging from 50 to 10 percent), and provide 
a brief explanation or justification for why that percentage is the 
most appropriate for the new standard. Ships on international voyages 
subject to SOLAS, including cruise ships, would still be required to 
comply with SOLAS requirements, 100 percent spare charges for the first 
10 extinguishers, then 50 percent for the remaining extinguishers 
(SOLAS Chapter II-2, Regulation 10.3.3).
    The proposed change to add the number of required spares to 
existing tables would make our regulations more concise and readable. 
These existing tables indicate the required number and location of all 
extinguishers onboard, but do not include the number of spare 
extinguishers required. These changes would allow the tables to cover 
all of the required extinguishers.

C. Other Fire Protection Equipment Requirements

1. Spanner Wrench Carriage Requirement for Small Passenger Vessels
    We propose to require in 46 CFR 118.310 and 181.310, that small 
passenger vessels carry spanner wrenches for fire hydrants that use 
1.5-inch diameter hoses. Spanner wrenches are required to attach and 
detach fire hoses from the fire main system during fire emergencies, 
allowing them to be deployed or moved as necessary. In the September 
30, 1997 final rule, ``Small Passenger Vessel Inspection and 
Certification'' \1\ that established firefighting requirements for 46 
CFR subchapter K and T vessels, spanner wrench requirements for 1.5-
inch diameter hose stations were inadvertently omitted for small 
passenger vessels. All other affected subchapters include requirements 
for spanner wrenches to accompany fire hydrants. However, because they 
are generally accepted as standard firefighting equipment to accompany 
1.5-inch diameter hose connections, marine inspectors report that most 
if not all small passenger vessels include this vital safety equipment 
already. To be consistent with requirements for hoses of this size on 
other classes of inspected vessels, we propose to require that spanner 
wrenches be placed at all fire hydrants serving 1.5-inch diameter 
hoses.
---------------------------------------------------------------------------

    \1\ 62 FR 51326, which amended 61 FR 982.
---------------------------------------------------------------------------

2. Alternative Use of Two Small Fire Hoses in Place of a Single Hose
    In 46 CFR 76.10-5; 76.10-10; 95.10-5; 95.10-10; 193.10-5; and 
193.10-10, we propose to allow two 1.5-inch diameter fire hoses instead 
of one 2.5-inch diameter fire hose to be used at external locations on 
vessels. We propose this change to increase crew safety and enhance 
firefighting capabilities on board the applicable vessels. A 2.5-inch 
diameter fire hose could be unwieldy and unsafe if crewmembers have not 
been trained or drilled in working with such a large-sized hose. 
Allowing the use of two 1.5-inch diameter hoses would alleviate the 
physical difficulties of moving the hose during an emergency, and would 
reduce additional training requirements for crew members. Generally, 
two 1.5-inch diameter hoses should deliver equivalent volumes of water 
and have similar ranges to a 2.5-inch diameter hose. This allowance 
would not preclude the use or carriage of a 2.5-inch diameter hose if 
desired by the vessel owner/operator.
3. Limited Use of Land-Based Fire Extinguishers
    We propose in 46 CFR 34.50-10 that portable fire extinguishers 
brought onto unmanned barges during cargo transfer or operation of 
barge machinery or boilers, as required by Table 34.50-10(a), need not 
be Coast Guard-approved. Such extinguishers would, however, need to be 
listed and labeled by an NRTL. Each NRTL for CO2 fire 
extinguishers (there are currently three identified by OSHA: FM 
Approvals LLC, Intertek Testing Services NA, Inc. and Southwest 
Research Institute), tests to the same standard, UL 711, Rating and 
Fire Testing of Fire Extinguishers.
    This proposed change would codify and expand the policy issued by 
NVIC 13-86, Use of Underwriters Laboratory Listed Fire Extinguishers 
(available online at http://www.uscg.mil/hq/cg5/nvic/pdf/1986/n13-86.pdf), which allows non-Coast Guard approved fire extinguishers, but 
only those that are UL-approved, to be used on unmanned barges. We have 
permitted the use of non-Coast Guard approved, UL-approved 
extinguishers on unmanned barges because these vessels are not required 
to carry portable fire extinguishers while in transit, and such 
extinguishers need not be tested for marine environmental conditions, 
which is the purpose of the Coast Guard approval. Fire extinguishers 
are only required during cargo operations (see footnote 13 to Table 
34.50-10(a)). The use of extinguishers that are brought aboard an 
unmanned barge during loading reduces administrative costs for the 
barge owner because barges would not be required to purchase fire 
extinguishers to be permanently mounted on the barges, nor would they 
need to be inspected monthly or serviced annually. As an alternative, 
we would allow unmanned barge owners and operators who choose to carry 
fire extinguishers onboard a greater selection of fire extinguishers by 
not limiting selection to UL-approved extinguishers. This proposed 
change would supersede NVIC 13-86, which would be canceled.
4. Amended Definitions for Small Passenger (Subchapter T) Vessels
    We propose to clarify the fire detection requirements on small 
passenger vessels constructed with general purpose resin. Commandant 
(CG-ENG-4) has received numerous requests for clarification of the 
requirements in 46 CFR 177.410(c)(3) from Officers in Charge, Marine

[[Page 2267]]

Inspection (OCMIs) throughout the country. Through these requests, we 
learned that the requirements are confusing to marine inspectors as 
well as vessel owners, operators and designers. The existing regulation 
at Sec.  177.410(c)(3) gives two broad examples of isolated spaces 
(voids and storage lockers), and two examples of ignition sources 
(electrical equipment and piping for a dry exhaust system). We propose 
to more clearly and restrictively define these two terms in the list of 
definitions found at Sec.  175.400.
    The proposed changes are not intended to fundamentally alter the 
requirements; specifically, we do not intend for an increase in the 
required installations. Instead, the proposed changes are meant to 
better explain the current intent of the regulations to limit the 
locations that require detection systems to spaces that are not smoke 
tight and infrequently visited by the crew during operations, and that 
contain anticipated sources of ignition dangers.
5. Clarification on the Use of International Standards (SOLAS) in Lieu 
of Domestic Standards
    The proposed changes to 46 CFR 32.56-1; 72.05-1; 92.07-1; 116.400; 
177.420; and 190.07-1 would allow vessel designers to use the U.S. or 
SOLAS requirements for structural fire protection for domestic vessels. 
We propose these changes to clearly indicate that vessels meeting the 
structural fire-protection requirements of Chapter II-2 of SOLAS are 
deemed to have met the structural fire-protection requirements found in 
the subchapter under which the vessel is inspected. Currently, in each 
of the affected subchapters, the requirements allow ships with SOLAS 
certificates (those meeting the SOLAS requirements) to be considered 
equivalent. The proposed change is intended to allow any U.S. flag 
vessel to be built to the requirements of SOLAS Chapter II-2 even if it 
is not certificated to SOLAS. The use of SOLAS Chapter II-2 as a design 
basis for structural fire protection allows greater flexibility in 
design, and because it is difficult to retrofit vessels to meet 
structural fire-protection requirements, it would allow vessels built 
for domestic trade to be more easily converted for SOLAS trade and 
subsequently certificated as SOLAS ships.
6. Use of Non-Metallic Pipe
    We propose changes to 46 CFR 56.60-25(a)(3) that would allow the 
use of short sections of unapproved pipe, 30 inches or less in length, 
in non-vital systems, provided the pipe is contained in one 
compartment. Section 56.60-25 contains the requirements for the use of 
non-metallic pipe on vessels. Currently, Sec.  56.60-25(a) requires 
that all piping, except that used on open decks, or in cofferdams, 
voids, and ducts, must meet low flame spread requirements. This 
requirement is intended to limit the flame spread of pipe in enclosed 
spaces, such as accommodations, machinery spaces, and control spaces, 
as well as to prevent the passage of flame from one compartment to 
another. In Sec.  56.60-25(a), the Coast Guard also limits the use of 
non-metallic pipes in non-vital systems unless the pipe meets fire 
endurance requirements (which tests the strength of the pipe during and 
after a fire) found in IMO Resolution A.753(18), Guidelines for the 
Application of Plastic Pipes on Ships. The Coast Guard's primary 
concern when plastic pipe is used on inspected vessels, OCS facilities, 
and MODUs is the spread of flame, and the Coast Guard's secondary 
concern is the integrity of the vital piping systems. We propose the 
allowance of short runs of plastic pipe (30 inches or less) on non-
vital systems contained within a single compartment without any Coast 
Guard approval. Plastic pipe is easier to maintain and cheaper, and 
this use would not compromise the Coast Guard's safety goals. This 
allowance is envisioned to be employed primarily for use in sanitary 
service areas, such as toilet, sink and shower supply, and drain lines 
in accommodation spaces.
7. Use of Non-Metallic Pipe on Small Passenger (Subchapter T) Vessels
    Section 46 CFR 182.720, prohibits the use of non-metallic piping in 
vital systems for small passenger vessels regulated under 46 CFR 
subchapter T. The intent of this prohibition is to make the 
``construction material requirements for vital system piping consistent 
for all vessels regardless of size or passenger capacity.'' See ``Small 
Passenger Vessel Inspection and Certification;'' Supplemental Notice of 
Proposed Rulemaking (59 FR 1994, January 13, 1994). The rulemaking 
implementing this prohibition (See 61 FR 864, January 10, 1996) aligned 
the requirements for non-metallic piping with requirements for other 
vessels at the time without directing users to refer to 46 CFR part 56 
to find the requirements for non-metallic pipe. All other inspected 
vessels, including passenger vessels regulated under 46 CFR subchapters 
H and K, are required to use the requirements found in Sec.  56.60-25 
for non-metallic pipe. Section 56.60-25 also incorporates IMO 
Resolution A.753(18), which allows specially tested and approved non-
metallic pipe to be used in limited applications for vital systems. 
Because subchapter T does not refer the reader to Sec.  56.60-25, and 
was not updated to mirror the requirements in Sec.  56.60-25, the 
current regulations in subchapter T are more restrictive than those 
allowed for other classes of vessels. Our proposed changes to Sec.  
182.720 would allow this class of small passenger vessels to use the 
requirements of Sec.  56.60-25, including the proposed changes to this 
section discussed above, as an alternative to those prescribed in 
subchapter T.
8. Sprinkler Systems
    We propose to remove the Coast Guard-unique design and installation 
requirements for sprinkler systems currently found in 46 CFR subchapter 
H, Sec. Sec.  76.25-5 through 76.25-35, erroneously left in place by a 
previous rulemaking. This proposed change would make it clear that 
sprinkler systems must be designed and installed in accordance with 
Sec.  76.25-1, which requires that sprinkler systems meet the 
requirements of NFPA 13. In 1997, we first incorporated by reference 
and required the use of NFPA 13 in Sec.  76.25-1--Final Rule, 
``Harmonization with International Safety Standards'' (62 FR 51188, 
September 30, 1997). In that rulemaking, we adopted NFPA 13 to replace 
the Coast Guard-unique requirements for sprinkler systems, and 
Sec. Sec.  76.25-5 through 76.25-35 should have been deleted, but were 
not.
    Additionally, in Sec.  76.01-2 we propose to update the version of 
NFPA 13 incorporated by reference from the 1996 edition to the most 
current 2010 edition. We would also make conforming amendments in 46 
CFR subchapters D (Sec.  34.01-15), I (Sec.  95.01-2), I-A (Sec.  
108.101), K (Sec.  114.600) and U (Sec.  193.01-3).
    The NFPA made one substantial change to NFPA 13, in Chapter 25, 
Marine Systems, between the 1996 and 2010 editions, to require that 
marine sprinkler systems be designed and installed to be fully 
operational without a reduction in system performance both when the 
vessel is upright, and inclined at the angles of inclination specified 
in Sec.  58.01-40, aligning with current industry practice.
    Further, we propose to specify in Sec.  76.25-1 that Chapter 25 of 
NFPA 13: 2010 is to be used for the design and installation of 
sprinkler systems. Our current regulations do not direct the reader to 
Chapter 25; we propose to clearly require system designers and 
installers to use Chapter 25. We would also make conforming amendments 
in

[[Page 2268]]

46 CFR subchapters D (Sec.  34.30-1), I (Sec.  95.30-1), I-A (Sec.  
108.430), K (Sec.  114.439) and U (Sec.  193.30-1).
    We also propose in 46 CFR 25.30-15 to require automatic sprinkler 
systems installed in uninspected vessels to be designed and installed 
in accordance with the requirements of NFPA 13. Such automatic 
sprinkler systems are an alternative to the CO2 systems 
currently addressed in Sec.  25.30-15.
9. Alternatives for Halon Bottle Inspection
    We propose to amend 46 CFR 147.65 to establish an alternative 
method of periodic inspection and testing requirements for Halon 1301 
fire extinguishing systems. Currently, under Sec.  147.65, cylinders 
storing Halon 1301 must be emptied and hydrostatically tested every 12 
years. Also, cylinders discharged more than 5 years after the previous 
testing must be retested before refilling. The international ban on the 
production of Halon 1301 requires carefully controlled reclamation and 
collection of Halon 1301. This makes emptying and refilling a Halon 
1301 cylinder expensive and impractical for many vessel owners. As an 
alternative to emptying and refilling procedures, NVIC 3-95, Periodic 
Inspection and Testing of Fixed Halon Fire Fighting Equipment Aboard 
Merchant Vessels (available online at http://www.uscg.mil/hq/cg5/nvic/pdf/1995/n3-95.pdf), provides for visual exams of halon-storage 
bottles. We propose to codify this policy of providing a visual exam 
alternative by incorporating by reference the Compressed Gas 
Association Pamphlet CG-6, Standards for Visual Inspection of Steel 
Compressed Gas Cylinders, 10th edition, an industry standard that 
identifies safe and effective methods of conducting visual exams in 
Sec.  147.7. The proposed regulations would supersede the guidance in 
NVIC 3-95, which would be canceled.

D. Updates to Approval Process and Guidance for Equipment and Materials

    Certain types of lifesaving, firefighting, navigation, and 
environmental protection equipment and materials are required to be 
Coast Guard approved if they are to be used on vessels inspected by the 
Coast Guard. While the regulations for vessels and offshore 
installations found in Titles 33 and 46 of the CFR focus on 
requirements for carrying and using this equipment and materials, 
subchapter Q contains the Coast Guard approval requirements for them. 
Subchapter Q is divided into subparts that each address a specific 
material or piece of equipment. The number of each subpart is commonly 
referred to as an approval series; for example, subpart 164.141 is the 
approval series for plastic pipes, and the approval series forms a part 
of each approval number.
    The Coast Guard does not test equipment and materials for approval, 
but rather our regulations specify the required test methods and 
minimum performance criteria for approval. Once a product manufacturer 
can provide proper documentation to indicate that the product meets the 
requirements for approval, the Coast Guard issues a Certificate of 
Approval (COA) for the product that clearly identifies the product and 
its approved use. The COA includes the ``approval number,'' such as 
164.141/XXX, where the first portion of the number is the product's 
approval series (for example subpart 164.141 for plastic pipes) and XXX 
would be a unique number specific to that product. To ensure that 
product testing is conducted by an impartial and qualified entity, the 
testing must be performed by a Coast Guard-accepted independent 
laboratory. Laboratories must apply to the Coast Guard to become a 
Coast Guard-accepted independent laboratory, and are subject to 
continued review and oversight by the Coast Guard to ensure they 
continue to meet the detailed requirements found at Sec.  159.010-3.
    The Coast Guard has traditionally numbered its approval series, and 
the corresponding subparts in subchapter Q, according to whether the 
equipment addressed in the subpart is approved for use on vessels on 
coastwise routes and other non-international voyages, sometimes called 
``domestic vessels,'' or for use on vessels on international voyages 
and therefore subject to SOLAS, which are sometimes called ``SOLAS 
ships.'' Subparts/series with a ``0'' after the decimal (for example, 
subpart 164.012) generally apply to equipment or materials approved for 
use on domestic vessels, and subparts with ``1'' after the decimal (for 
example, subpart 164.112) generally apply to equipment or materials 
approved as meeting the SOLAS requirements for use on SOLAS ships.
    In this Notice of Proposed Rulemaking (NPRM), we propose to make 
changes to the requirements for product approval by allowing the 
approval of certain products by other nations' approval authorities 
under Mutual Recognition Agreements, by codifying new approval series 
for approval of products required for SOLAS ships, and by updating the 
requirements of existing series to meet the current industry practice.
1. Mutual Recognition Agreements (MRA)
    In 46 CFR part 159, we propose to create subpart 159.003, titled 
Approvals Under Mutual Recognition Agreements, to codify an alternate 
path to obtaining Coast Guard approval of equipment through an 
established MRA. An MRA for product approvals is an agreement between 
the U.S. and another nation or group of nations, such as the European 
Union, to recognize and accept approvals issued by nations signatory to 
the MRA (or their appointed representatives) for use on U.S. inspected 
vessels. The products receive a Coast Guard approval number issued by 
the other nations' approving authority. Because each nation that is 
party to the MRA has its own regulations and interpretations of the 
commonly applicable international standards, each MRA identifies the 
specific equipment covered under that MRA, which has been determined to 
meet equivalent approval and conformity assessment standards.
    The ability to obtain Coast Guard approval for specified equipment 
and materials from certain foreign approval authorities through an 
established MRA offers manufacturers the ability to receive both Coast 
Guard and another nation's approvals in a single process. This reduces 
administrative and testing costs, since without the MRA manufacturers 
must submit approval requests to each nation individually. Each nation 
to which the manufacturer applies can have different testing 
requirements and approval procedures, sometimes meaning similar tests 
need to be repeated because a testing laboratory is accepted by one 
nation and not another, or that similar tests need to be performed to 
meet multiple variations in nations' requirements. With an MRA in 
place, a manufacturer need only go through the approval process with 
one party, and thereby gain approval from the other parties of the MRA, 
thereby reducing duplicative testing and administrative costs.
    These proposed rules include broad language to implement the MRA 
concept for approval of equipment and materials under 46 CFR subchapter 
Q. The currently existing MRAs covered by Change 1 (CH-1) to NVIC 08-
04, Guide to Marine Equipment Approvals Covered by U.S.-European 
Community (US-EC) MRA & By U.S.-European Economic Area-European Free 
Trade Association (US-EEA EFTA) MRA (available online at http://www.uscg.mil/hq/cg5/nvic/pdf/2004/08-04change1.pdf), cover a broad 
range of marine products, including fire

[[Page 2269]]

protection equipment. The proposed rules would apply to all equipment 
approval series covered by any implemented MRA. There are currently two 
MRAs to which the U.S. is a party: (1) U.S./EC MRA, signed on February 
27, 2004, and (2) U.S./EEA-EFTA MRA, signed on October 17, 2005. Under 
these two MRAs, a manufacturer may obtain Coast Guard approval for 
items identified in the MRA from an EC or EEA-EFTA ``Notified Body.'' 
Conversely, a European approval and wheelmark (a unique mark given to 
products approved under the European Marine Equipment Directive in the 
EC and EEA-EFTA countries) for the product may be issued by the Coast 
Guard.
    In the proposed Sec.  159.003-1, we state the purpose of the 
proposed new subpart is to implement MRAs. In proposed Sec.  159.003-3, 
we clearly state that products approved and given Coast Guard approval 
numbers by other nations under the MRA guidelines are to be considered 
approved and may be used in any location that requires a Coast Guard-
approved product. We specify the process for obtaining mutual approval 
from the Coast Guard for other nations in an MRA in proposed Sec. Sec.  
159.003-5 and 159.003-7. Proposed Sec.  159.003-9 identifies the 
location of a list of products approved under current MRAs. Finally, we 
propose to add definitions related to this topic in Sec.  159.001-3.
2. Approval Series
    We propose to codify the standards and procedures currently used to 
obtain Coast Guard approval for fire protection equipment and 
components required on SOLAS ships in 46 CFR subchapter Q. We propose 
to create new subparts 164.105 through 164.207 to correspond to the 
product approval series numbers as identified in Table 3. The proposed 
new subparts would require testing the product in accordance with the 
IMO 2010 Fire Test Procedures Code (FTP Code), which entered into force 
internationally on July 1, 2012. The 2010 FTP Code provides guidelines 
for testing and approving fire protection materials for use on SOLAS 
ships, and includes tests for non-combustibility, smoke and toxicity 
generation, flame spread, and fire endurance evaluation. While the 
Coast Guard does have regulations in place for testing and approving 
some of these products for domestic vessels, SOLAS requires that the 
products be tested using the FTP Code standards and approved by a 
vessel's flag state administration. This means that U.S.-flagged 
vessels with SOLAS certificates must use products that have Coast Guard 
approval to the SOLAS/FTP Code requirements. Therefore, we propose the 
new approval series under which manufacturers may obtain Coast Guard 
approval, and U.S. vessels may use these approved products under the 
corresponding approval series to satisfy SOLAS requirements. Table 3 
contains a list of the proposed new subparts and approval series 
numbers; fire protection equipment or material product name; and type 
of FTP Code test required for Coast Guard approval.

     Table 3--Proposed New Approval Series Requiring Use of FTP Code
------------------------------------------------------------------------
   Proposed subpart &
    approval series            Product name        Test method required
------------------------------------------------------------------------
164.105................  Deck Assemblies (A-60)   FTP Code, Annex 1,
                          (SOLAS).                 Part 1 for components
                                                   and Part 3 for the
                                                   entire bulkhead.
164.106................  Primary Deck Coverings   FTP Code, Annex 1,
                          (SOLAS).                 Parts 2 and 6.
164.107................  Structural Insulation    FTP Code, Annex 1,
                          (A-60) (SOLAS).          Part 1 for components
                                                   and Part 3 for the
                                                   entire bulkhead.
164.108................  Bulkhead Panels (B-0     FTP Code, Annex 1,
                          And B-15) (SOLAS).       Part 1 for components
                                                   and Part 3 for the
                                                   entire bulkhead.
164.109................  Non-combustible          FTP Code, Annex 1,
                          Materials (SOLAS).       Part 1.
164.110................  Continuous Ceilings (B-  FTP Code, Annex 1,
                          0 and B-15) (SOLAS).     Part 1.
164.111................  Draperies, Curtains and  FTP Code, Annex 1,
                          Other Suspended          Part 7.
                          Textiles (SOLAS).
164.112................  Interior Finishes        FTP Code, Annex 1,
                          (SOLAS).                 parts 2 and 5.
164.117................  Floor Finishes (SOLAS).  FTP Code, Annex 1,
                                                   Parts 2 and 5.
164.136................  Fire Doors (SOLAS).....  FTP Code, Annex 1 Part
                                                   5 for components and
                                                   Part 3 for the total
                                                   door.
164.137................  Windows................  FTP Code, Annex 1,
                                                   Part 3, Appendix 1 of
                                                   Part 3 and hose
                                                   stream test in IMO
                                                   Resolution A.754(18).
164.138................  Fire Stops (Penetration  FTP Code, Annex 1,
                          Seals) (SOLAS).          Part 3 and Appendix
                                                   A.III and A.IV of IMO
                                                   Resolution A.754(18).
164.139................  Dampers (SOLAS)........  FTP Code, Annex 1,
                                                   Part 3 and Appendix
                                                   A.II of Resolution.
                                                   A.754 (18).
164.142................  Bedding Components       FTP Code, Annex 1,
                          (SOLAS).                 Part 9.
164.144................  Upholstered Furniture    FTP Code, Annex 1,
                          (SOLAS).                 Part 8.
164.146................  Fire Door Control        FTP Code, Annex 1,
                          Systems (SOLAS).         Part 4.
164.201................  Fire Restricting         FTP Code, Annex 1,
                          Materials For High-      Part 10.
                          Speed Craft.
164.207................  Fire-Resisting           FTP Code, Annex 1,
                          Divisions For High-      Part 11.
                          Speed Craft.
------------------------------------------------------------------------

    The Coast Guard also proposes to codify an existing SOLAS standard 
into a new approval series under new subpart 46 CFR 162.163, titled 
``Portable Foam Applicators,'' in order to detail the approval 
requirements for portable foam applicators. Portable foam applicator 
units are a combination of portable foam nozzles and a supply of foam 
liquid concentrate, and are required in certain applications by SOLAS. 
Under the proposed rule, to receive Coast Guard approval of a portable 
foam applicator, the nozzle and the foam concentrate would have to be 
tested together for compliance with applicable sections of UL 162, Foam 
Equipment and Liquid Concentrates, Seventh Edition. UL 162 details the 
construction and performance requirements for equipment and liquid 
concentrates used in firefighting foam systems.
    We also propose adding new subpart 46 CFR 164.141 for non-metallic 
piping systems. As discussed previously, we propose changes to 46 CFR 
56.60-25 to require that plastic pipe be Coast Guard-approved. 
Currently, plastic pipes that comply with the fire and material

[[Page 2270]]

strength standards identified in Sec.  56.60-25, but do not have a COA, 
may be used on inspected vessels, which is inconsistent with other 
subchapters that specifically indicate that a product must have a Coast 
Guard approval. This means vessel owners, builders, or outfitters must 
provide documentation to the Coast Guard verifying that, for each 
installation of plastic pipe, the pipes meet the requirements of Sec.  
56.60-25. In connection with the proposed change to Sec.  56.60-25, 
requiring plastic pipe be Coast Guard approved, we are proposing this 
new subpart to add the approval series detailing plastic pipe 
requirements. This new approval series would eliminate the burden on 
vessel owners, builders, and outfitters of providing case-by-case 
documentation to the Coast Guard, and instead there would be plastic 
pipe available in the market place that is already tested and marked as 
Coast Guard approved. Manufacturers are already testing to these 
standards. This proposed change allows industry to use the pipe without 
further documentation.
    Proposed new subpart 164.141 codifies the testing guidance in 
current Coast Guard Policy File Memorandum (PFM) 1-98 (available in the 
docket as described under ADDRESSES above), Policy File Memorandum on 
the Fire Performance Requirements for Plastic Pipe per IMO Resolution 
A.753(18). The Coast Guard created an approval series for plastic pipes 
based on PFM 1-98 to make the selection of pipes easier for designers, 
and so that manufacturers could have their pipes reviewed and type-
approved by the Coast Guard for use on vessels required to meet the 
requirements of Sec.  56.60-25. PFM 1-98 has been used to successfully 
establish approval, testing, and acceptance procedures for 37 different 
plastic pipe systems, each having a range of approved sizes. The 
proposed rule would supersede PFM 1-98 which would no longer be 
necessary in light of the proposed new approval series for plastic 
pipes.
    We propose to amend the existing approval series at 46 CFR subpart 
162.027 for fire hose nozzles used on domestic vessels. This proposed 
change would explicitly require fire hose nozzles to be of brass or 
bronze, except for hardware and other incidental parts, which may be of 
rubber, plastic, or stainless steel. Although, we currently do not 
specify the materials for construction of fire hose nozzles in the 
subpart for the fire hose nozzles approval series, we have historically 
established policy to only approve fire hose nozzles which are made 
from brass or bronze because of these materials' proven durability in 
marine environments. We would also add NFPA 1964, Standard for Spray 
Nozzles, 2008 as an alternative standard to which fire hose nozzles may 
be approved. Currently, this approval series only permits fire hose 
nozzles approved by the Coast Guard in accordance with ASTM F 1546. 
Approved manufacturers have indicated that NFPA 1964, which details 
construction requirements and performance and testing procedures of 
firefighting nozzles, is more commonly used in the fire protection 
equipment industry to certify nozzles.
    NFPA 1964 also requires a follow-up (production quality control) 
program to ensure that manufacturers produce nozzles as designed, 
tested, and approved, but does not specify such program. Typically, 
follow-up programs for Coast Guard-approved equipment are administered 
by the independent laboratory that conducted initial testing for 
product approval as discussed in NVIC 2-06, Follow up Programs for Fire 
Safety Type-Approved Products (available online at http://www.uscg.mil/hq/cg5/nvic/pdf/2006/NVIC%2002-06.pdf). The focus of a follow-up 
program is to ensure that manufacturers making fire protective 
materials such as fire retardant carpets continue to make products to 
the same standards as those that were tested for approval. Follow-up 
programs include testing of random product samples to ensure 
manufacturing precision. Follow-up programs are important for the types 
of products covered in NVIC 2-06, since minor changes in production can 
affect the fire protective qualities of the finished product. For 
example, the under-application of a fire retardant chemical into a 
textile would reduce the fire protective qualities of carpet. However, 
for fire hose nozzles, performance of the final product is much less 
dependent on small production changes; therefore, the use of a 
certified quality-control procedure such as the International 
Organization for Standardization (ISO) 9001 configuration control, 
which is focused on ensuring the manufacturer consistently follows 
internal and external policies in production, is also appropriate. We 
propose in subpart 162.027 to allow the use of ISO 9000 configuration 
control as an alternative to a follow-up program administered by an 
independent laboratory. In the past, we have allowed the less 
restrictive use of ISO 9000 for specific and appropriate situations.
    We have determined that the SOLAS standards for these materials 
provide an equivalent level of safety to our requirements. Therefore, 
in addition to the proposed new and updated approval series, we propose 
amending our regulations to indicate that certain fire protection 
equipment and materials approved under approval series that use 
international standards for SOLAS ships can be used in the place of the 
products approved under the U.S. requirements, without restriction. See 
proposed 46 CFR 164.006-6, 164.007-10, 164.008-8, 164.009-26, and 
164.012-16. These proposed changes would allow products approved to 
meet the international standards to be considered equivalent to those 
products approved as meeting the U.S. requirements. The proposed 
changes, however, do not allow products meeting the domestic standards 
to be used in place of those requiring international approvals.
3. FTP Code Test Laboratories ISO/IEC 17025 Certified
    On July 1, 2012, the 2010 FTP Code entered into force 
internationally. The 2010 FTP Code requires that laboratories use a 
quality control program based on ISO/IEC 17025. This standard is used 
throughout the world, including by our currently accepted and 
recognized laboratories, as a means to ensure that the testing of 
products is conducted in a consistent, appropriate, repeatable, and 
professional manner.
    We propose to amend 46 CFR 159.010-3, titled ``Independent 
Laboratory: Standards for Acceptance'' to require that all Coast Guard 
accepted independent laboratories testing products to the FTP Code be 
accredited to ISO/IEC 17025: 2005, which specifies the general 
requirements for the competence of testing and calibration 
laboratories. This proposed requirement would fulfill U.S. obligations 
as a signatory to SOLAS. The FTP Code, which details the technical 
requirements necessary to satisfy SOLAS requirements and must be 
adhered to by SOLAS signatories, specifically requires that independent 
laboratories be accredited to ISO/IEC 17025: 2005.

E. Administrative Changes

1. Correcting Metric Conversions
    In 46 CFR subchapter K (Sec.  118.410) and T (Sec.  181.410), we 
propose to correct the metric volume factors used for calculating the 
required quantity of CO2 for a fixed fire extinguishing 
system. The existing regulations provide volume factors for systems 
protecting enclosed ventilation systems for rotating electrical 
propulsion equipment and cargo spaces. The values for imperial 
calculations are correct. The metric values, however, are incorrect, 
and

[[Page 2271]]

using them results in a significantly smaller required volume of 
CO2. The imperial values align with our other regulations 
(See 46 CFR 95.15-5) as well as the industry standard for 
CO2 extinguishing systems, NFPA 12: 2011, for similar hazard 
locations. Because designs of these systems are reviewed by the Marine 
Safety Center or local Officer-in-Charge, Marine Inspection (OCMI), 
plans for vessels built in the U.S. are nearly always drawn using 
imperial numbers, and because the use of the metric values would yield 
inappropriately small amounts of required agent that any experienced 
system designer would recognize as faulty, we are confident that any 
incorrect use of the metric values would have been corrected during 
plan review. Therefore, we do not believe there are existing vessels' 
systems that have been designed and installed with incorrect amounts of 
extinguishing agent.
    Similarly, in 46 CFR subchapter K (Sec.  114.400) and subchapter T 
(Sec.  175.400), we propose to adjust the definition of ``open to the 
atmosphere,'' in both subchapters to correct an improper conversion 
from imperial to metric units. The definition includes metric 
equivalents for the requirements that indicate that a space open to the 
atmosphere is one that has at least 15 square inches of open area 
exposed to the atmosphere for every cubic foot of volume of the space. 
This is the desired ratio and matches the definition of ``open to the 
atmosphere'' that the Coast Guard uses in 33 CFR 183.605. However, the 
metric equivalent given in the regulations is incorrect and produces a 
result that is smaller than it should be. Because designs for vessels 
built to these regulations are reviewed by the Marine Safety Center or 
local OCMI, and plans for vessels built in the U.S. are nearly always 
drawn using imperial numbers, we are confident that any incorrect use 
of the metric values would have been corrected during plan review, 
therefore, we do not believe that any existing vessels were constructed 
and outfitted based on these erroneous values and thus no existing 
vessels would need to be retrofitted.
2. Moving Regulations From 46 CFR 181.400 to 181.405
    The existing regulations at Sec.  181.400 contain the requirements 
for both fire extinguishing systems and fire detection systems on small 
passenger vessels regulated under 46 CFR subchapter T. We propose to 
separate, for clarity, these requirements by removing the regulations 
for fire detection systems in Sec.  181.400(c) through (g) and moving 
these regulations to proposed new Sec.  181.405(a) through (e). 
Further, we propose to amend the title of Sec.  181.400 to ``Spaces 
required to have fixed fire extinguishing systems,'' in order to 
clarify that this section would contain the requirements for fire 
extinguishing systems only.
3. Addition of Omitted Statutory Authority Citation
    Section 1509 of Title 33, U.S.C. authorizes regulations for safety 
equipment relating to the promotion of safety of life and property in 
deepwater ports. Subchapter NN of Title 33 CFR contains regulations 
establishing warning devices and safety equipment requirements, as well 
as other matters that relate to the promotion of safety of life and 
property. However, the list of authorities for these regulations does 
not contain this statutory authority. For clarity, we propose adding 33 
U.S.C. 1509 to the list of authorities contained in 33 CFR Subchapter 
NN, part 148.
4. Editorial and General Clarifying Changes
    Lastly, we propose making corrections and editorial, 
organizational, and clarifying amendments. These proposed changes will 
have no substantive effect on the public.

F. Preemption of State and Local Law

    The Coast Guard conducted a federalism analysis as part of this 
rulemaking in order to ensure compliance with Executive Order 13132. 
Section VII.E., ``Federalism,'' discusses legal principles of 
preemption and the federalism implications of the proposed rule that 
have a substantial direct effect on the 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, 
as required by Executive Order 13132. In addition to conducting the 
federalism analysis, the Coast Guard must also comply with President 
Obama's memorandum titled ``Preemption,'' issued on May 20, 2009, which 
instructs the heads of executive departments and agencies to include 
preemption language within the codified regulation if the regulation is 
intended to preempt state law. The memorandum also orders heads of 
executive departments and agencies to include the preemption provisions 
only if the provisions were justified under legal principles, including 
those discussed in Executive Order 13132.
    This rulemaking proposes to revise existing regulations and issue 
new ones that preempt state and local regulation with regard to fire 
protection, detection, and extinguishing equipment on several types of 
vessels, including inspected vessels, uninspected vessels, uninspected 
commercial fishing vessels, towing vessels, deepwater ports, MODUs, and 
OCS facilities. The Coast Guard, therefore, proposes to add language to 
the regulatory text indicating what specific regulations have 
preemptive effect over State or local law within the same field. During 
our federalism analysis, we analyzed whether preemptive principles 
applied to each part, subpart, and section that is affected by this 
rulemaking. The Coast Guard ultimately determined, however, that 
uniformity and clarity of the preemptive effect of our regulations over 
State or local law could be achieved if the preemption language was 
inserted for other sections not affected by this rulemaking, but that 
do indeed preempt State or local laws or regulations within other 
fields. Therefore, if preemptive principles applied to the regulations 
within the entire subchapter, even if those parts, subparts, or 
sections were not affected by this rulemaking, the Coast Guard proposes 
to add language indicating that the regulations found within the 
subchapter have preemptive effect over State or local law or 
regulation. If, however, preemptive principles did not apply to all 
regulations within a subchapter, but only to the part, subpart, or 
section amended by this rulemaking, the Coast Guard proposes to add 
preemption language only to that particular part, subpart, or section. 
The goal of this approach is to ensure uniformity and avoid any 
confusion as to why a particular part or subpart may contain preemption 
language when preemption principles apply to other parts, subparts, or 
sections of a subchapter, if not the entire subchapter itself. If the 
Coast Guard placed preemption language only within parts, subparts, or 
sections amended by this rulemaking (even if preemption principles 
applied to all parts within a subchapter), it would result in confusion 
and would make implementation of the President's memorandum extremely 
difficult. To avoid this situation, we propose to place preemption 
language at the most appropriate location within the subchapter. Based 
on the President's 2009 memo, and the analysis in our Federalism 
section, the Coast Guard proposes the new preemption provisions within 
the regulatory text in the areas specified in Table 5, below. Table 5 
contains details regarding which subchapters, parts, subparts, or 
sections contain proposed preemption language, the location of the 
proposed preemption

[[Page 2272]]

language, and the specific language that would be inserted into the 
regulatory text.
    The authority to promulgate regulations for different categories of 
vessels is granted to the Coast Guard by Congress. With respect to 
inspected vessels listed in 46 U.S.C. 3301, Congress granted to the 
Coast Guard the exclusive authority to promulgate regulations in 
several different categories, one of which includes required equipment 
(See 46 U.S.C. 3306). Additionally, it is well settled that all of the 
categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, 
construction, alteration, repair, maintenance, operation, equipping, 
personnel qualification, and manning of vessels) are within fields 
foreclosed from regulation by the States. (See the decision of the 
Supreme Court in the consolidated cases of United States v. Locke and 
Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000).) 
Since this rulemaking would affect numerous subchapters containing 
regulations for inspected vessels, we propose to include preemption 
language for each specific subchapter in Title 46 of the CFR indicating 
that the regulations found within the subchapter have preemptive effect 
over State or local regulations within the same fields, specifically: D 
(tank vessels), F (marine engineering), H (passenger vessels--general), 
I (cargo & miscellaneous vessels), I-A (MODUs), K (small passengers 
vessels carrying more than 150 passengers or with overnight 
accommodations for more than 49 passengers), L (offshore supply 
vessels), N (dangerous cargoes), Q (equipment, construction, and 
materials: specifications and approval), R (nautical schools), T (small 
passenger vessels (under 100 GT)), and U (oceanographic research 
vessels).
    Similarly, we propose adding preemption language indicating that 
the regulations found within subchapter N (outer continental shelf 
activities) in 33 CFR have preemptive effect over State or local 
regulations within the same fields. Congress granted the Coast Guard 
the authority to promulgate regulations for ``lights and other warning 
devices, safety equipment, and other matters relating to the promotion 
of safety of life and property on the artificial islands, 
installations, and other devices'' on the OCS. (See 43 U.S.C. 
1333(d)(1)). Subchapter N contains regulations establishing these 
warning devices and safety equipment requirements, as well as other 
matters that relate to the promotion of safety of life and property. 
For this reason, we propose to add language signaling that the 
regulations found within the entire subchapter have preemptive effect 
over State or local regulations within the same fields.
    We also propose adding preemption language indicating that the 
regulations contained within subchapter NN, concerning deepwater ports, 
also have preemptive effect over State or local regulation within the 
same fields. Section 1509(b) of 33 U.S.C. states that the Secretary of 
Transportation, through delegation to the Coast Guard by operation of 
law, ``shall issue and enforce regulations with respect to lights and 
other warning devices, safety equipment, and other matters relating to 
the promotion of safety of life and property in any deepwater port and 
the waters adjacent thereto.'' Subchapter NN contains regulations 
establishing warning devices and safety equipment requirements, as well 
as other matters that relate to the promotion of safety of life and 
property. For this reason, we propose adding language signaling that 
the regulations found within the entire subchapter have preemptive 
effect over State or local regulation within the same fields.
    Unlike inspected vessels, Congress provided a restrictive grant of 
regulatory authority to the Coast Guard with respect to uninspected 
vessels. The Coast Guard, therefore, may only establish safety 
standards in specific or limited areas where Congress intended the 
Coast Guard to have exclusive regulatory authority. With regard to 
uninspected vessels generally, as noted in 46 U.S.C. 4102(a), Congress 
required the carriage of a certain number, type, and size of fire 
extinguishers, which was permitted to be prescribed by regulation. 
Although certain other portions of 46 CFR subchapter C (uninspected 
vessels--generally) contain safety equipment regulations promulgated 
under 46 U.S.C. 4102, several of the safety equipment requirements are 
required to be located on or near equipment, or within certain spaces, 
in which Coast Guard regulations do not preempt State or local 
regulation. Therefore, the Coast Guard has already included preemption 
language, as part of a separate rulemaking, in 46 CFR 25.30, Fire 
Extinguishing Equipment, to indicate that only those regulations 
involving fire extinguishing equipment have preemptive effect over 
State or local regulation within the same field. See Carbon Dioxide 
Fire Suppression Systems on Commercial Vessels; Final Rule, (77 FR 
33871, June 7, 2012).
    This analysis for uninspected vessels generally also applies to 
uninspected commercial fishing vessels. Similar to the statute for 
uninspected vessels generally, 46 U.S.C. 4502 establishes safety 
standards in various different equipment categories, although some of 
those standards or equipment requirements are located on or near 
equipment, or within certain spaces, in which Coast Guard regulation 
does not preempt State or local regulation. For this reason, the Coast 
Guard proposes to insert language signaling preemptive effect over 
State or local regulation within the sections affected by this 
rulemaking only. In doing so, the Coast Guard hopes to avoid any 
confusion that may arise from a misreading of the regulation if 
language asserting preemptive effect seemed to apply to various 
equipment or spaces where Coast Guard regulations does not preempt 
State or local regulation.
    Finally, the Coast Guard proposes to add language signaling 
preemptive effect over State or local regulation concerning safety 
equipment for towing vessels located in 46 CFR part 27. Although towing 
vessels are listed as inspected vessels under 46 U.S.C. 3301, the Coast 
Guard has only proposed comprehensive regulations for their inspection 
and has not yet promulgated final, effective rules. See Inspection of 
Towing Vessels; Notice of Proposed Rule, (76 FR 49976, August 11, 
2011). This rulemaking, however, proposes regulations for towing 
vessels that involve categories covered in 46 U.S.C. 3306, 3703, 7101, 
and 8101 (design, construction, alteration, repair, maintenance, 
operation, equipping, personnel qualification, and manning of vessels), 
and these regulations have preemptive effect over State and local 
regulation within the same field. The subparts located within 46 CFR 
part 27 contain general provisions and fire protection and suppression 
equipment requirements and fall within a category in which the State or 
local governments are precluded from regulating. Therefore, the Coast 
Guard proposes to include language signaling the preemptive effect the 
regulations found within 46 CFR part 27 have over State and local law 
within the same fields.

[[Page 2273]]



    Table 5--Proposed Preemption Language by Subject and Affected CFR
                                Sections
------------------------------------------------------------------------
            Subject                  Location             Language
------------------------------------------------------------------------
Outer Continental Shelf         Amend 33 CFR       The regulations in
 Facilities.                     140.3.             this subchapter
                                                    (parts 140 through
                                                    147) have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
Deepwater Ports...............  Amend 33 CFR       The regulations in
                                 148.1.             this subchapter
                                                    (parts 148 through
                                                    150) have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
Uninspected--General..........  46 CFR 25.30-1...  This section already
                                                    contains language
                                                    indicating that the
                                                    regulations in this
                                                    subpart have
                                                    preemptive effect
                                                    over State or local
                                                    regulation in the
                                                    same field.
Uninspected--Towing...........  Create 46 CFR      The regulations in
                                 27.103.            this part have
                                                    preemptive effect
                                                    over State or local
                                                    regulation in the
                                                    same field.
Uninspected--Commercial         Create 46 CFR      The regulations in
 Fishing Vessels.                28.155(b).         this section have
                                                    preemptive effect
                                                    over State or local
                                                    regulation in the
                                                    same field.
Uninspected--Commercial         Create 46 CFR      The regulations in
 Fishing Vessels.                28.160(e).         this section have
                                                    preemptive effect
                                                    over State or local
                                                    regulation in the
                                                    same field.
Uninspected--Commercial         Create 46 CFR      The regulations in
 Fishing Vessels.                28.325(c).         this section have
                                                    preemptive effect
                                                    over State or local
                                                    regulation in the
                                                    same field.
Uninspected--Commercial         Create 46 CFR      The regulations in
 Fishing Vessels.                28.830(c).         this section have
                                                    preemptive effect
                                                    over State or local
                                                    regulation in the
                                                    same field.
Tank Vessels..................  Amend 46 CFR       The regulations in
                                 30.01-1(a).        this subchapter
                                                    (parts 30, 31, 32,
                                                    34, 35, 36, 38, and
                                                    39) have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
Marine Engineering............  Create 46 CFR      The regulations in
                                 50.01-15(c).       this subchapter
                                                    (parts 50, 52, 53,
                                                    54, 56, 57, 58, 59,
                                                    and 61 through 64)
                                                    have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
Passenger Vessels--General....  Amend: 46 CFR      The regulations in
                                 70.01-1.           this subchapter
                                                    (parts 70, 71, 72,
                                                    76, 77, 78, and 80)
                                                    have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
Cargo & Miscellaneous Vessels.  Amend 46 CFR       The regulations in
                                 90.01-1.           this subchapter
                                                    (parts 90, 91, 92,
                                                    93, 95, 96, 97, 98,
                                                    and 105) have
                                                    preemptive effect
                                                    over State or local
                                                    regulation in the
                                                    same field.
Mobile Offshore Drilling Unit   Amend 46 CFR       The regulations in
 (MODU).                         107.01.            this subchapter
                                                    (parts 107 through
                                                    109) have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
Small Passenger Vessels <100    Amend 46 CFR       The regulations in
 GT.                             114.100.           this subchapter
                                                    (parts 114 through
                                                    122) have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
Offshore Supply Vessels (OSVs)  Create 46 CFR      The regulations in
                                 125.100(f).        this subchapter
                                                    (parts 125 through
                                                    134) have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
Dangerous Cargoes.............  Create 46 CFR      The regulations in
                                 147.1(d).          this subchapter
                                                    (parts 147, 147A,
                                                    and 148) have
                                                    preemptive effect
                                                    over State or local
                                                    regulation in the
                                                    same field.
Equipment, Construction, etc    Amend 46 CFR       The regulations in
 \2\.                            159.001-1(b).      this subchapter
                                                    (parts 159 through
                                                    164) have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
Nautical Schools..............  Amend 46 CFR       The regulations in
                                 167.01-5(a).       this subchapter
                                                    (parts 166 through
                                                    169) have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
Small Passenger Vessels >100    Amend 46 CFR       The regulations in
 GT.                             175.100.           this subchapter
                                                    (parts 175 through
                                                    185) have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
Oceanic Research Vessels......  Amend 46 CFR       The regulations in
                                 188.01-3.          this subchapter
                                                    (parts 188, 189, 190
                                                    and 193 through 196)
                                                    have preemptive
                                                    effect over State or
                                                    local regulation in
                                                    the same field.
------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \2\ Note: We propose to remove existing preemption language 
found within 46 CFR 160.900 and 164.900, as the proposed preemption 
language in 46 CFR 159.001-1(b) would apply to all parts within 
subchapter Q.
---------------------------------------------------------------------------

VI. Incorporation by Reference

    Material proposed for incorporation by reference appears in 33 CFR 
140.7 and 149.3, and 46 CFR 25.01-3, 27.102, 28.40, 31.01-2, 34.01-15, 
56.01-2, 71.25-3, 76.01-2, 91.25-7, 95.01-2, 107.115, 108.101, 114.600, 
125.180, 147.7, 161.002-1, 162.027-2, 162.028-1, 162.039-1, 162.163-2, 
164.105-2, 164.106-2, 164.107-2, 164.108-2, 164.109-2, 164.110-2, 
164.111-2, 164.112-2, 164.117-2, 164.136-2, 164.137-2, 164.138-2, 
164.139-2, 164.141-2, 164.142-2, 164.144-2, 164.146-2, 164.201-2, 
164.207-2, 169.115, 175.600, 188.01-5, and 193.01-3. You may inspect 
this material at U.S. Coast Guard Headquarters where indicated under 
ADDRESSES. Copies of the material are available from the sources listed 
in 33 CFR 140.7 and 149.3, and 46 CFR 25.01-3, 27.102, 28.40, 31.01-2, 
34.01-15, 56.01-2, 71.25-3, 76.01-2, 91.25-7, 95.01-2, 107.115, 
108.101, 114.600, 125.180, 147.7, 161.002-1, 162.027-2, 162.028-1, 
162.039-1, 162.163-2, 164.105-2, 164.106-2, 164.107-2, 164.108-2, 
164.109-2, 164.110-2, 164.111-2,

[[Page 2274]]

164.112-2, 164.117-2, 164.136-2, 164.137-2, 164.138-2, 164.139-2, 
164.141-2, 164.142-2, 164.144-2, 164.146-2, 164.201-2, 164.207-2, 
169.115, 175.600, 188.01-5, and 193.01-3.
    Before publishing a binding rule, we will submit this material to 
the Director of the Federal Register for approval of the incorporation 
by reference.

VII. Regulatory Analyses

    The Coast Guard developed this proposed 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 (EO) 12866 (``Regulatory Planning and Review'') 
and 13563 (``Improving Regulation and Regulatory Review'') direct 
agencies to assess the costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). EO 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility.
    This proposed rule has not been designated a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866. 
Accordingly, the proposed rule has not been reviewed by the Office of 
Management and Budget. Nonetheless, we developed an analysis of the 
costs and benefits of the proposed rule to ascertain its probable 
impacts on industry. We consider all estimates and analysis in this 
preliminary Regulatory Analysis (RA) to be draft and subject to change 
in consideration of public comments. A draft preliminary Regulatory 
Assessment follows:
    The RA provides an evaluation of the economic impacts associated 
with this proposed rule. The table which follows provides a summary of 
the proposed rule costs and benefits.

               Table 6--Summary of the Proposal's Impacts
------------------------------------------------------------------------
                Category                             Summary
------------------------------------------------------------------------
Affected Population....................  Affected population varies by
                                          CFR title and subchapter, see
                                          Table 7 below.
Total and Annualized Costs ($, 7%        $1.08 Million total costs;
 discount rate).                          $154,217 annualized costs.
Unquantified Benefits..................   Harmonization and
                                          compliance with international
                                          standards;
                                          Harmonization with
                                          industry consensus standards;
                                          Increased compliance
                                          choices, reducing regulatory
                                          compliance burdens;
                                          Reduction in risk from
                                          potentially toxic or flammable
                                          gases no longer being routed
                                          into human-occupied spaces;
                                          and,
                                          Increased safety
                                          through the ready availability
                                          of tools and equipment during
                                          emergency situations.
------------------------------------------------------------------------

    The proposed rule contains provisions to amend the CFR requirements 
for fire protection equipment, materials and systems. Section V. 
Discussion of Proposed Rule, lays out the proposed changes and the 
rationale for those changes. For the purposes of the RA, we note that 
the proposed provisions fall into two broad categories: (1) Provisions 
that harmonize Coast Guard regulations with national and international 
industry consensus standards; and (2) Provisions that correct or adjust 
existing regulations referring to specific issues or equipment. Most of 
the proposed provisions, both harmonizing and non-harmonizing, are not 
expected to impose additional costs upon the industry.
    As indicated in the IV. Background and Purpose section, this 
proposed rule continues the Coast Guard's response to the Presidential 
Regulatory Reform Initiative of March 4, 1995 and directives including 
Executive Orders 12866 and 13563 that are intended to improve 
regulation and the regulatory process. The provisions of this proposed 
rule would: Remove obsolete regulations and language from the CFR; 
substitute performance-based options for regulatory compliance as 
opposed to conventional prescriptive solutions; and employ appropriate 
current national and international industry consensus standards. The 
Coast Guard recognizes the significant technological advances in fire 
detection and suppression systems that have been made for shoreside 
facilities and would, through this proposed rule, encourage the use of 
newer equipment and modern standards in maritime operations.
    The impacts of the proposed changes are discussed in the RA 
according to the same outline of items covered in section V. Discussion 
of Proposed Rule. The five organizational categories are:
    A. Fire Alarm and Detection Systems;
    B. Fire Extinguishers;
    C. Other Fire Protection Equipment Requirements;
    D. Updates to Approval Process and Guidance for Equipment and 
Materials; and,
    E. Administrative Changes.
    The five categories listed above are either: (1) Provisions that 
harmonize Coast Guard regulations with national and international 
standards; or (2) Provisions that correct or adjust existing 
regulations referring to specific issues or equipment. There are 
several subcategories within each that are discussed in turn. As 
previously stated, we expect the majority of these provisions will not 
impose any additional costs on industry. However, those provisions 
which may result in additional costs are marked as such and discussed 
as appropriate.
    Table 7 shows the total affected population and the numbers of 
vessels, facilities, and MODUs organized by CFR subchapter. For each 
subcategory of provisions we identified the affected population and the 
respective economic impacts.

[[Page 2275]]



                                          Table 7--Affected Population
----------------------------------------------------------------------------------------------------------------
            CFR title                     Sub- chapter                       Topic                  Population
----------------------------------------------------------------------------------------------------------------
33...............................  N.........................  Outer Continental Shelf                     9,247
                                                                Facilities.
33...............................  NN........................  Deepwater Ports..................              79
46...............................  C.........................  Uninspected Vessels..............      11,362,556
                                                                 Towing Vessels.................           7,848
                                                                 Uninspected Vessels............          93,850
                                                                 Fishing Vessels................          34,590
                                                                 Recreational Vessels*..........      11,226,268
46...............................  D.........................  Tank Vessels.....................           5,866
46...............................  F.........................  Marine Engineering...............             n/a
46...............................  H.........................  Passenger Vessels................             290
46...............................  I.........................  Cargo and Miscellaneous Vessels..           1,760
46...............................  I-A.......................  Mobile Offshore Drilling Units                120
                                                                (MODU).
46...............................  J.........................  Electrical Engineering...........             n/a
46...............................  K.........................  Small Passenger Vessels Carrying              446
                                                                more than 150 Passengers or with
                                                                Overnight Accommodations for
                                                                more than 49 Passengers.
46...............................  L.........................  Offshore Supply Vessels..........           1,377
46...............................  N.........................  Dangerous Cargoes................              46
46...............................  Q.........................  Equipment, Construction and                   n/a
                                                                Material Specifications and
                                                                Approval.
46...............................  R.........................  Nautical Schools.................              37
46...............................  T.........................  Small Passenger Vessels (Under             10,169
                                                                100 Gross Tons).
46...............................  U.........................  Oceanographic Research Vessels...             602
----------------------------------------------------------------------------------------------------------------
* Mechanically propelled recreational vessels.
Source: USCG MISLE database for all non-recreational populations. Recreational vessel population is from
  COMDTPUB P16754.26--2012 Recreational Boating Statistics, Table 37, available at http://www.uscgboating.org/assets/1/workflow_staging/Page/705.PDF.

Costs
    In the following discussion, we describe the cost impacts for each 
category of provisions in the proposed rule. Within each subcategory, 
we provide a discussion of the provisions and their expected impacts on 
the industry.

A. Fire Alarm and Detection Systems

1. Harmonization With International and National Consensus Standards
    These provisions would allow for the use of fire detection and 
alarm systems under the provisions of SOLAS and FSS Code or the CFR, 
and would update Coast Guard requirements to reflect modern practices 
in fire detection and alarm systems. Incorporation by reference is an 
administrative provision that is used to incorporate the international 
standards established for fire detection and alarm systems by SOLAS, 
the FSS Code, and other industry standards as discussed in V. 
Discussion of Proposed Rule.
    These provisions remove outdated Coast Guard-specific installation 
requirements and incorporate by reference more up-to-date national and 
international consensus standards. These provisions do not require 
replacement or relocation of existing equipment, and therefore should 
impose no costs on existing or new vessels as discussions with industry 
show that their practice is to use the latest standards. Therefore, 
these provisions are not expected to result in any additional costs to 
industry.
2. Optional Use of Detection and Alarm System Requirements of SOLAS and 
the FSS Code
    These incorporations provide references for other provisions that 
would provide non-SOLAS vessels with the option to use fire detection 
and alarm systems meeting either standards established by SOLAS, the 
FSS code and ICAI, or the standards for these systems established by 
the Coast Guard regulations.
    SOLAS ships are currently in compliance with these provisions, so 
they would impose no new requirements and are not expected to incur any 
additional costs to the SOLAS ships population. These provisions would 
allow non-SOLAS vessels increased flexibility when selecting fire 
detection and alarm systems, by allowing fire detection and alarm 
systems design, manufacture, installation, and operation to comply with 
either Coast Guard standards or with SOLAS Chapter II-2, Regulation 7. 
We do not anticipate additional costs to non-SOLAS vessels since we are 
only giving these vessel owners the option of choosing between SOLAS 
and Coast Guard standards. Non-SOLAS vessels are currently using the 
Coast Guard standard and we believe that vessel owners and operators 
will only use the SOLAS standard if this will be cost-beneficial to 
their operations or they plan on changing their vessel status (in the 
future) to SOLAS.
3. Consolidation and Revision of Operation and Installation 
Requirements
    As discussed in section V. (A) Fire Alarm and Detection Systems, 
these provisions would consolidate fire alarm and fire detection system 
requirements and better reflect current industry advancements and 
adoption of seamless technologies. These proposed changes would also 
affect subchapters C, I, K, and T for the requirements that refer the 
reader to subchapter H. Advancements in marine fire detection and alarm 
systems include the incorporation of standards articulated in SOLAS, 
the FSS Code, the development of digital technology with advanced 
features, and development of technology for the much larger shoreside 
market. The consolidation of these requirements would make it easier 
for industry to locate and meet these requirements. As such, these 
administrative changes would impose no new burden on industry and are 
not expected to result in additional costs.
4. Grandfathering, and 2\1/2\-Year Compliance Period
    The provisions relating to all types of fire detection systems 
would be updated to reflect current technology with existing 
regulations retained for vessels contracted before the current 
provisions take effect. Vessels contracted prior to the effective date 
of the proposed rule

[[Page 2276]]

would not be required to retrofit to the newer SOLAS standards; as 
such, these provisions are not expected to impose any additional cost 
to industry. These provisions update outdated Coast Guard-specific 
requirements and incorporate by reference more up-to-date and more 
commonly used national and international consensus standards. With one 
exception, as discussed below, these provisions do not require 
replacement or relocation of existing equipment and so are not expected 
to have any additional costs to industry.
5. Sample Extraction Type Smoke Detection Systems
    This provision would require changes regarding the ventilation of 
potentially toxic or flammable gases. Our current regulations allow 
systems to route these potentially toxic or flammable gases or smoke 
from the cargo hold to the bridge so that a watchstander can detect a 
problem by smell. International consensus standards consider this 
unacceptably dangerous, and SOLAS has required routing of sampled gases 
out of manned spaces since the 1978 protocol which went into effect May 
25, 1980. The proposed new provisions, found in 46 CFR 76.33, would 
require that all existing vessels using sample extraction fire 
detection methods route the gases outside the vessel and install a 
sensing device that will trigger a visual and audible alarm in the 
bridge. Existing vessels will have 5 years in which to comply with this 
provision. Currently, all U.S. vessels that are SOLAS certificated and 
built after May 25, 1980, are in compliance with this provision. 
According to the Coast Guard MISLE database which documents the types 
of fire detection systems installed onboard vessels, the affected 
population for this provision includes four vessels--two active SOLAS 
vessels built before May 25, 1980, and two active non-SOLAS vessels.
    Information from the U.S. Bureau of Labor Statistics (BLS) 
indicates that the loaded mean hourly labor cost (wages and benefits) 
is $27.15 for Sailors and Marine Oilers (BLS occupation code 53-5011 
\3\). This loaded wage rate includes the hourly base wage rates of 
$19.11 multiplied by a load factor of 1.42 (rounded).\4\ We estimate 
the cost per vessel to comply with this provision at $1,238 which 
involves the installation of a ventilation fan (average catalogue price 
$375) and a fixed gas detector (average price $700) and the cost of 
installation (6 hours at the equivalent wage of a crewmember $27.15 per 
hour x 6 hours = $163.91). We assume that one of the affected vessels 
will comply each year (given 5 years to meet compliance) beginning in 
the second year after publication of the final rule.\5\
---------------------------------------------------------------------------

    \3\ http://www.bls.gov/oes/2012/may/oes535011.htm.
    \4\ Load factor is determined by dividing the reported total 
average compensation for all private industries of $28.80 per hour 
worked in Second Quarter, 2012 by the wages and salaries per hour 
worked of $20.27.
    \5\ We anticipate that vessel owners will use the first year, 
after this rule goes into effect, for planning purposes to schedule 
for upgrading to the new requirement.
---------------------------------------------------------------------------

    Over the 10-year period of analysis, we estimate the total present 
value costs of this proposal to be about $3,919 and $4,467 discounted 
at 7 and 3 percent, respectively. We estimate the annualized costs to 
be approximately $956 and $975 discounted at 7 and 3 percent, 
respectively. Table 8 summarizes the costs of this proposal to 
industry.

                 Table 8--Requirement for Routing Potentially Toxic or Flammable Gases or Smoke
----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost all vessels
                                                Affected     Average   -----------------------------------------
                   Year(s)                      vessels      cost per                    7 Percent    3 Percent
                                                              vessel     Undiscounted     discount     discount
----------------------------------------------------------------------------------------------------------------
1...........................................            0       $1,238              $0           $0           $0
2...........................................            1        1,238           1,238        1,081        1,167
3...........................................            1        1,238           1,238        1,011        1,133
4...........................................            1        1,238           1,238          944        1,100
5...........................................            1        1,238           1,238          883        1,068
                                             -------------------------------------------------------------------
    Totals*.................................            4  ...........           4,952        3,919        4,467
Annualized..................................  ...........  ...........  ..............          956          975
----------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.

6. Changes to Approval Processes for Detection and Alarm Systems
    These provisions would make approval processes easier for 
manufacturers by allowing some approval tests to be completed by an 
(NRTL) that is recognized by OSHA as meeting OSHA standards set forth 
in Subpart S of CFR Part 1910. Coast Guard approval would require that 
these devices be tested to the general construction, material and 
reliability standards found in the new consensus standards, including 
the previously listed US standards, which are incorporated by various 
provisions of the proposed rule. These new consensus standards are 
accepted practice within the shoreside and marine industry. Since 
shoreside practices drive the state of art for firefighting, these 
incorporations will increase flexibility for the maritime industry and 
are not expected to result in additional costs.
    As the Coast Guard also requires environmental testing for approval 
of these systems, these provisions would use the standards identified 
in Table 1 of the (IEC) 60092-504. The IEC standards are compatible 
with current Coast Guard approval requirements which allow users the 
choice between the ABS Rules Table 4/11-1 (1996 version); or Category 
ENV3 tests of the Lloyd's Register Type Approval System, Test 
Specification 1 (1990 version). We would retain the requirement that 
testing for marine environmental standards be performed by a Coast 
Guard-approved laboratory, since these laboratories have the experience 
and expertise in conducting these tests, and no additional burden is 
anticipated as a result.
    These provisions also allow manufacturers of fire alarm and 
detection equipment two different approval options: Either the current 
method of approval for an entire system or a new approval method for 
individual devices (i.e., smoke detectors) within a system. This change 
would allow for easier replacement of individual system devices and 
open the marine market to small manufacturers or those dedicated to 
making components but not producing all

[[Page 2277]]

components necessary for a complete detection system.
    These provisions do not require replacement or relocation of 
existing equipment and do not add restrictions to the approval process, 
and so are not expected to have any additional costs to industry.
7. Revised Requirements Using Guidance Found in Navigation and Vessel 
Inspection Circular (NVIC) 7-80 for Excess Detection Systems
    These provisions allow the use of non-Coast Guard-approved fire 
detection systems as excess equipment, provided that: The components 
are listed by an NRTL; they are designed, installed, tested, and 
maintained in accordance with an appropriate industry standard and the 
manufacturer's specific guidance; the installation conforms to the 
requirements of 46 CFR subchapter J (Electrical Engineering), with 
specific regard to the hazardous location installation regulations; the 
Coast Guard has completed its review of the wiring plans and approved 
them; and the system and units remain functional as intended.
    As previously discussed in V. Discussion of Proposed Rule, these 
provisions codify NVIC 7-80, issued April 2, 1980. These provisions 
codify existing practice and do not require replacement or relocation 
of existing equipment and so are not expected to have any additional 
costs to industry.

B. Fire Extinguishers

    This proposed rule would make parallel changes in each of the 
subchapters which require vessels, offshore facilities, and deepwater 
ports to carry Coast Guard approved portable or semi-portable fire 
extinguishers.
1. Ratings: UL 711 and NFPA 10:2010
    These provisions would apply to all the affected population 
carrying portable and semi-portable fire extinguishers listed in Table 
5, including recreational vessels. The provisions would eliminate the 
current Coast Guard specific rating system for fire extinguisher 
classifications, relying instead on the relevant national industry 
standards. The Coast Guard rating system relies on a weight-based 
standard for the retardant, while the modern industry standards UL 711 
and NFPA 10 are performance-based. Currently, all Coast Guard-approved 
fire extinguishers are rated by their testing laboratories using both 
the Coast Guard and the NFPA 10 and UL 711 rating systems. Sections 
162.028-4 and 162.039-4 require labeling of approved extinguishers with 
a specified language which includes the Coast Guard rating of the 
extinguisher. As a result, the Coast Guard rating system is a 
duplicative and potentially confusing requirement that is inconsistent 
with current industry standards.
    Under this provision, manufacturers of fire extinguishers would no 
longer have to label their extinguishers with the Coast Guard rating. 
Extinguisher labeling would remain consistent with current industry 
formats and styles, and manufacturers would not need to redesign their 
current labels. This would simplify labeling requirements for 
manufacturers and limit confusion on the purchases of fire 
extinguishers for marine use. Currently, all fire extinguishers with 
Coast Guard approval are also marked with a Coast Guard and UL rating. 
Therefore, sections 162.028-4 and 162.039-4 requiring labeling of 
approved extinguishers with Coast Guard rating language would no longer 
be required. The removal of these requirements would eliminate 
confusion and have no impact on the approval procedure. We anticipate 
that manufacturers would continue using their current supply of labels 
and would only remove the Coast Guard identifier when they order new 
labels. Industry would not incur any additional expense from this 
requirement.
    The proposed changes would also include adjusting the current 
carriage requirements found in each subchapter that are currently based 
on the Coast Guard ratings (example: B-II) to an equivalent requirement 
that is based on the NFPA 10 and UL 711 ratings (example: 20-B). 
However, as noted in section V. Discussion of Proposed Rule, we found 
correlations between Coast Guard ratings and the NFPA 10 and UL 711 
ratings, so that the number and relative size of extinguishers would 
not change. In some cases, however, a slightly larger or smaller 
extinguisher may be required under the new provisions.
    For fire extinguishers on recreational and other vessels 
categorized under different subchapters, the Coast Guard would not 
require existing vessels to replace serviceable portable and semi-
portable fire extinguishers as long as the equipment is properly 
maintained. When equipment is replaced, the replacement fire 
extinguisher would have to meet the requirements of the proposed 
provisions. New vessels, constructed after the publication of the final 
rule, would be required to be equipped with extinguishers that conform 
to the new requirements.
    At the end of their serviceable life, all portable and semi-
portable fire extinguishers for recreational and other vessels 
categorized under the different subchapters would require replacement 
with UL rated extinguishers. The examination of marine casualty reports 
from the MISLE database found positive correlations in extinguisher 
performance between the Coast Guard weight-based standard and the UL 
performance standard. The prices of extinguishers obtained from 
industry catalogues indicate there is no differential in prices for 
extinguishers rated acceptable under the current Coast Guard standards 
and those of the UL standards. For this reason, we do not expect these 
provisions relating to fire extinguishers in non-machinery spaces to 
result in any additional cost to industry.
    The proposed provisions requiring UL class fire extinguishers would 
affect vessels using large semi-portable CO2 extinguishers 
(class B-IV and B-V). Extinguishers of this size are currently required 
in machinery spaces of vessels described under the different 
subchapters as shown in Table 7. Currently, the Coast Guard's weight-
based rating system allows CO2 extinguishers to be used 
where larger semi-portable extinguishers are required. However, 
CO2 extinguishers cannot meet the UL performance standards 
to receive a rating large enough to be considered equivalent to UL B-IV 
and B-V extinguishers, therefore semi-portable CO2 
extinguishers could not be used under this provision of the proposed 
rule. However, as with all other extinguishers, existing vessels would 
not have to replace their currently operational extinguishers and would 
be able to continue to use these extinguishers in machinery spaces 
until the end of their serviceable life, when they would have to be 
replaced with extinguishers of comparable classification under the UL 
rating scale. Vessels using CO2 based extinguishers would be 
required to replace their semi-portable CO2 extinguisher 
with an extinguisher that uses another extinguishing agent.
    To determine if there is a cost differential between the current 
Coast Guard-approved CO2 semi-portable fire extinguishers 
and the comparable UL rated fire extinguishers, the Coast Guard 
Lifesaving and Fire Safety Division (CG-ENG-4) examined the catalogue 
pricing of B-V extinguishers that use other fire-retardant agents. The 
average price of the CO2 based B-V extinguisher was 
approximately $5,000, whereas the B-V extinguishers using other agents 
ranged

[[Page 2278]]

in price from $1,200 to $2,000. This cost differential would result in 
a net savings \6\ for all vessels that replace these larger 
CO2 extinguishers as we would not require replacement ahead 
of the normal replacement schedule.
---------------------------------------------------------------------------

    \6\ We are unable to provide a cost estimate for the savings 
that vessels may incur from replacing CO2 extinguishers, 
because there is no way of knowing the exact number of 
CO2 extinguishers being carried on vessels or the rate of 
future replacements.
---------------------------------------------------------------------------

2. Maintenance: NFPA 10: 2010
    These provisions of the proposed rule would require that 
individuals performing the annual inspection, maintenance, and 
necessary recharging of fire extinguishers be certified in accordance 
with the standards of NFPA 10. Currently, all Coast Guard approved 
portable fire extinguishers have language on the label stating that the 
extinguisher is to be inspected and maintained in accordance with NFPA 
10. The NFPA 10 requirements are consistent with long-standing industry 
standard practices in the U.S., both shoreside and marine, and refer to 
the inspection and maintenance of fire extinguishers. We do not know 
who is currently NFPA 10 certified so we estimate compliance costs 
below based on our best available information.
    Non-rechargeable (non-refillable) fire extinguishers are 
replaceable units that are expected to require little or no 
maintenance; after one use or a maximum service life of 12 years, they 
are replaced. For these extinguishers, all inspections (monthly and 
annual) and maintenance could continue to be done by owners, operators 
or designated crewmembers. Uninspected vessels, including recreational 
vessels, generally carry these types of extinguishers and are therefore 
not expected to be subject to any additional costs due to these 
provisions.
    Currently, the Coast Guard permits both the monthly inspections and 
annual maintenance of rechargeable fire extinguishers to be performed 
by vessel owners, operators or by a designated crewmember. NFPA 10 
requires that a ``certified'' person perform all annual maintenance of 
rechargeable extinguishers. Monthly inspections could continue to be 
performed by the owner, operator or a designated crewmember. In 
addition, the Coast Guard would accept the certification or licensing 
of a fire extinguisher servicing agency granted by an appropriate state 
or local authority having jurisdiction for servicing and maintenance.
    The Coast Guard's MISLE database contains records on approximately 
113,851 fire extinguishers onboard 17,132 U.S.-flagged vessels which 
could be affected by these provisions. We do not have information as to 
which of these extinguishers are disposable and which are rechargeable; 
for the cost analysis we assume that all of the extinguishers would be 
rechargeable. We also estimate that more than 90 percent \7\ of 
inspected vessels currently use private servicing companies (which are 
already in compliance with NFPA 10) in lieu of doing their own annual 
maintenance, and are therefore not expected to incur any additional 
costs due to these provisions.
---------------------------------------------------------------------------

    \7\ The 90 percent is an estimate provided by CG-Engineering-1 
based on input from field marine inspectors.
---------------------------------------------------------------------------

    The costs associated with these provisions would be the 
certification costs for owner/operators who wish to continue performing 
annual maintenance according to NFPA 10 specifications. We estimate 
that 10 percent or 1,714 vessels currently are not using a private 
servicing company to maintain their extinguishers. We, therefore assume 
that a designated individual from each of these vessels would continue 
to perform annual maintenance on their extinguishers and would 
therefore require certification. Table 9 summarizes the population of 
vessels and fire extinguishers, as well as the average extinguisher 
count per vessel.

                         Table 9--Affected Population for Vessels Choosing Certification
----------------------------------------------------------------------------------------------------------------
                                        Existing population           Affected population (10
                                 --------------------------------      percent of existing)          Avg. per
  Vessel inspection subchapter                                   --------------------------------     vessel
                                      Vessels      Extinguishers      Vessels      Extinguishers
----------------------------------------------------------------------------------------------------------------
D--Tank Vessels.................           3,367          13,746             337           1,375            4.08
H--Passenger Vessels............             290           8,489              29             849           29.27
I--Cargo and misc. Vessels......           1,716          32,540             172           3,254           18.96
IA--MODU........................              82           3,594               8             359           43.83
K--Small Passenger Carrying 150+             446           3,536              45             354            7.93
 PAX or 49+ Overnight...........
L--Offshore Supply Vessels......             520           9,530              52             953           18.33
N--Dangerous Cargoes (Dry Bulk).              46             470               5              47           10.22
R--Nautical Schools.............              37             836               4              84           22.59
T--Small Passenger Vessels (<             10,169          37,725           1,017           3,773            3.71
 100 Gross Tons)................
U--Oceanographic Vessels........              64           1,581               6             158           24.70
UNSPECIFIED.....................             395           1,804              40             180            4.57
                                 -------------------------------------------------------------------------------
    TOTALS *....................          17,132         113,851           1,713          11,385            6.64
----------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.

    NFPA 10 certification can be obtained by either taking an online 
examination that lasts 2.5 hours or by attending an 8-hour seminar 
concluding with an examination. Upon successful completion of the 
examination, a certificate is awarded which will be valid for three 
years. We assume that individuals currently servicing fire 
extinguishers are familiar with proper maintenance methods and any 
necessary training prior to the exam can be accomplished through on the 
job training. We also assume that owners and operators would choose the 
least cost and time consuming means of obtaining certification. 
Therefore, we estimate the cost of this provision using the online 
method of certification to be $139 per course.\8\
---------------------------------------------------------------------------

    \8\ http://train.fpcltd.com/.
---------------------------------------------------------------------------

    As previously discussed, information from the BLS indicates that 
the loaded mean hourly labor cost (wages and benefits) is $27.15 for 
crew members (BLS occupation code 53-5011--Sailors and Marine Oilers). 
This loaded wage rate includes the hourly base wage rates of $19.11 
multiplied by a load factor of 1.42. We assume one crew member per 
vessel would be certified. We also

[[Page 2279]]

anticipate that in the initial year of this proposed rule, all vessels 
would be required to have a crewmember certified. Thereafter, we 
anticipate that \1/3\ of the affected population would have one 
crewmember certified each year.\9\ Certification through online 
examination would cost approximately $207 per mariner ($139 + (2.5 hrs 
x $27.15/hr)). The annual cost of online examination for 10% of the 
affected population is approximately $354,000 (undiscounted) for the 
first year and approximately $118,000 (undiscounted) for the recurring 
years.
---------------------------------------------------------------------------

    \9\ The \1/3\ certification estimate is based on vessels having 
employee turnover and/or crewmember needing to re-certify every 
three years. In this analysis we assume that for years 2 and 3, \1/
3\ of the affected population will be required to get certified due 
to an equal number of crew turnover or change in job statue that 
would require new certification of another crewmember. Thereafter, 
we assume that the number of crewmember turnover, change of job 
status and re-certification would equate to \1/3\ of the affected 
population per year.
---------------------------------------------------------------------------

    Additionally, we anticipate that industry will incur a cost burden 
for recordkeeping of crew members' certifications. Vessel owners and 
operators must have crew members' certificates available when asked by 
inspector to verify crew member training. We assume that a person in 
charge of the vessel would spend 2 minutes filing the certificate and 2 
minutes to produce the certificate upon request. Based on information 
from the BLS, we estimate a loaded wage rate \10\ of $50.38 and an 
estimated annual cost of this requirement to be $3.36 per vessel 
($50.38 x 4 minutes / 60 min/hr). We have included a detailed Paperwork 
Reduction Analysis in the collection of information section of the RA.
---------------------------------------------------------------------------

    \10\ Mean hourly wage of $35.46 for BLS occupation code 53-5021, 
Captains, Mates, and Pilots of Water Vessels (http://www.bls.gov/oes/2012/may/oes535021.htm), multiplied by a load factor of 1.42.
---------------------------------------------------------------------------

    Over the 10-year period of analysis, we estimate total present 
value cost at approximately $1.07 million discounted at 7 percent with 
an annualized cost of approximately $152,000 discounted at 7 percent. 
Table 10 summarizes the costs impact of this proposal rule on industry.

                                                        Table 10--Certification Costs for NFPA 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Undiscounted costs                Total discounted costs
                                                                                 -----------------------------------------------------------------------
                             Year                                Certifications                     Total costs with       Online            Online
                                                                    per year       Cost of online     recordkeeping    examination (7    examination (3
                                                                                     examination          costs           percent)          percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................................             1,713          $354,425          $360,181          $336,618          $349,690
2.............................................................               571           118,128           120,046           104,853           113,155
3.............................................................               570           117,921           119,836            97,822           109,667
4.............................................................               571           118,128           120,046            91,583           106,660
5.............................................................               570           117,921           119,836            85,441           103,372
6.............................................................               571           118,128           120,046            79,992           100,537
7.............................................................               570           117,921           119,836            74,628            97,438
8.............................................................               571           118,128           120,046            69,868            94,766
9.............................................................               570           117,921           119,836            65,183            91,844
10............................................................               571           118,128           120,046            61,025            89,326
                                                               -----------------------------------------------------------------------------------------
    Totals *..................................................                           1,416,747         1,439,757         1,067,013         1,256,454
Annualized....................................................                                                                 151,919           147,295
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Totals may not sum due to rounding.

3. Testing: UL 8, UL 154, UL 299, UL 626, UL 2129
    These provisions amend the approval requirements for portable and 
semi-portable fire extinguishers to reference the appropriate UL 
standards. We would require the use of UL standards for each type of 
extinguisher and remove the current Coast Guard specific requirements. 
Currently all extinguishers receiving Coast Guard approvals are also 
tested to UL standards and listed by a Coast Guard-recognized 
laboratory; therefore, we do not expect this change to add any 
additional costs to industry.
    We are proposing to delete the existing sections Sec. Sec.  
162.028-1 and Sec. Sec.  162.039-1 which are informational provisions 
and add new sections that incorporate by reference the NFPA 10 and the 
applicable UL standards for the different types of fire extinguishers 
currently approved for marine use. The harmonization of these 
provisions with a current Coast Guard requirement would not add any 
costs to industry.
4. Approval Process
    These provisions change the location from the CFR to our Web site 
(http://cgmix.uscg.mil) as the place to find the list of currently 
recognized Coast Guard testing laboratories. These provisions also 
amend the approval requirements for fire extinguisher manufacturers to 
more clearly reflect current practice under the Memorandum of 
Understanding as noted in section V. Discussion of Proposed Rule. These 
are informational provisions that are not expected to result in costs 
to industry.
5. Reducing and Relocating Portable Spare Extinguisher Requirements
    These provisions would amend the domestic vessel requirements for 
spare fire extinguishers by reducing the number of required spare 
portable fire extinguishers. We seek specific comments on the 
appropriate percentage of spares necessary on domestic vessels. 
Depending on comments received, we propose to reduce the number of 
spares to somewhere in the range of the currently required 50 percent 
down to as low as ten percent. Depending on comments received, we will 
specify the percentage of spares necessary and add this number to the 
existing tables in 46 CFR 34.50-10(a), 76.50-10(a), 95.50-10(a), 
108.495, 169.567(a), and 181.500(b), and delete the existing references 
in sections: 46 CFR 76.50-15, 95.50-15, 132.230 and 193.50-15. These 
provisions would add no burden to domestic vessels.
    Requirements for vessels on international voyages subject to SOLAS 
would not change. These vessels would still be required to comply with 
SOLAS requirements, 100 percent spare charges for the first 10 
extinguishers, then 50 percent for the remaining extinguishers (SOLAS 
Chapter II-2, Regulation 10.3.3).

[[Page 2280]]

C. Other Fire Protection Equipment Requirements

1. Spanner Wrench Carriage Requirement for Small Passenger Vessels
    These provisions would impose a new requirement that all subchapter 
T and K vessels carry a spanner wrench for each 1.5-inch diameter hose 
installation. For existing vessels, these provisions would apply to 
those that currently do not have spanner wrenches. According to the 
Coast Guard's MISLE database, there are approximately 2,585 subchapter 
T and K vessels with 1.5-inch diameter hose installations. The total 
number of 1.5-inch diameter hose installations onboard the vessels is 
6,538, for an average of approximately 2.5 hose installations per 
vessel. The individual catalogue prices of spanner wrenches indicate a 
cost of $15.00 to $25.00 per wrench.
    Table 11 summarizes the vessel population and the cost of the 
potential distribution of spanner wrenches per vessel costs depending 
on the number of 1.5-inch diameter hose installations. Coast Guard 
marine inspectors report that over 90 percent of subchapter T and K 
already have the necessary spanner wrenches. We therefore assume that 
259 vessels, or 10 percent of vessels in the affected population, would 
need to purchase spanner wrenches based on the number of 1.5-inch 
diameter hose installations on board.

                      Table 11--Summary of Vessel Population and Potential per Vessel Costs
----------------------------------------------------------------------------------------------------------------
                                                                                       Costs per vessel
   Number of 1.5''-hose installations       Total vessel     10% of affected -----------------------------------
                                                count            vessels             Low              High
----------------------------------------------------------------------------------------------------------------
1.......................................               630                63            $15.00            $25.00
2.......................................             1,298               130             30.00             50.00
3.......................................               263                26             45.00             75.00
4.......................................               164                16             60.00            100.00
5.......................................               111                11             75.00            125.00
6-9.....................................                78                 8            90-135           150-225
10-20...................................                33                 3           150-300           250-500
>20.....................................                 8                 1           315-750          525-1250
                                         -----------------------------------------------------------------------
    Total *.............................             2,585               259
----------------------------------------------------------------------------------------------------------------

    Table 12 summarizes the total costs of this proposal to industry. 
We expect the costs of this provision to be incurred in the first year. 
We estimate costs for this provision using the average cost range of 
spanner wrenches to be $20 per vessel. Based on information from MISLE, 
there are approximately 6,538 1.5-inch diameter hose installations 
onboard 2,585 vessels for an average of 2.5 (rounded) 1.5-inch diameter 
hose installations per vessel. Based on an average of 2.5 hose 
installations per vessel, (for cost calculation purposes in this 
analysis we use an average cost for the wrench of $20.00) the average 
per vessel costs is approximately $50 ($20.00 per unit x 2.5 units per 
vessel).

                          Table 12--Total Costs of Spanner Wrench Carriage Requirement
----------------------------------------------------------------------------------------------------------------
                                                          10% of Count of
                                       Affected vessels        1.5''           Wrench costs         Total *
                                                           installations
                                                   (A)                (B)                  (C)            (B x C)
----------------------------------------------------------------------------------------------------------------
Spanner wrench price................               259                654             $20.00            $13,076
----------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.

2. Alternative Use of Two Small Firehoses in Place of a Single Hose
    This provision allows for two 1.5-inch diameter hoses to be used 
instead of one 2.5-inch hose. This allowance would only be for hoses at 
external locations. This provision does not preclude the use or 
carriage of a 2.5-inch hose and allows the vessel owners and operators 
to make the choice which best suit their specific need. This provision, 
which is an option to owners and operators, is not expected to have any 
additional costs on industry. We came to this conclusion, because we 
believe that existing vessels would not exercise their option to 
convert from a 2.5-inch diameter hose to two 1.5-inch diameter hoses 
unless it will be beneficial to their operations.
3. Limited Use of Land-Based Fire Extinguishers
    We propose in 46 CFR 34.50-10 that portable fire extinguishers 
brought onto unmanned barges during cargo transfer or operation of 
barge machinery or boilers, as required by Table 34.50-10(a), need not 
be Coast Guard-approved. As discussed in section V. Discussion of 
Proposed Rule, this proposed change would codify the policy issued by 
NVIC 13-86, which allows non-Coast Guard approved fire extinguishers, 
but only those that are UL-approved, to be used on unmanned barges. We 
have permitted the use of non-Coast Guard, UL-approved extinguishers on 
unmanned barges because unmanned barges are not required to carry 
portable fire extinguishers while in transit, and thus such 
extinguishers need not be tested for marine environmental conditions, 
which is the purpose of the Coast Guard approval.
    The use of extinguishers that are brought aboard an unmanned barge 
during loading may reduce the operating costs for the barge owner 
because barges would not be required to have fire extinguishers 
permanently mounted onboard the barges, nor would they need to be 
inspected monthly or serviced annually. This change codifies current 
practice and provides industry with flexibility in providing fire 
extinguishers for barges during cargo operations. As such, we do not 
expect these proposed changes to result in any additional costs to the 
industry.

[[Page 2281]]

4. Amended Definitions for Small Passenger (Subchapter T) Vessels
    These provisions include explanatory language and clarification of 
definitions. These provisions do not alter nor impose new requirements 
on industry, but rather are informational and explanatory in nature. 
Consequently, they would not impose any additional costs on the 
industry.
5. Clarification on the Use of International Standards (SOLAS) in Lieu 
of Domestic Standards
    These provisions would establish equivalency between the structural 
fire protection requirements of SOLAS, Chapter II-2 and the 
requirements of subparts affecting domestic vessel populations. The 
purpose would be to allow certain types of domestic vessels to employ 
the structural fire protection requirements established by SOLAS if it 
is advantageous to do so.
    These provisions also allow the use of alternative materials in 
products approved under each of the SOLAS Chapter II-2 approval 
sections.
6. Use of Non-Metallic Pipe
    These provisions allow for the use on non-metallic piping for short 
sections, 30 inches or less, in non-vital systems provided the pipe is 
contained in one compartment. Current requirements state that all 
piping in these situations meet flame spread requirements. The proposed 
allowance of short runs of plastic pipe on non-vital systems within the 
same compartment without any Coast Guard approval increases flexibility 
for industry and may reduce costs. Also, plastic pipes are easier to 
maintain and cheaper, and their use would not compromise the Coast 
Guard's safety goals. We expect that the industry would choose to 
employ plastic pipes for use in sanitary service areas, such as toilet, 
sink and shower supply, and drain lines in accommodation spaces. As 
such, we do not expect these proposed changes to result in any 
additional costs to the industry.
7. Use of Non-Metallic Pipe on Small Passenger (Subchapter T) Vessels
    The Supplemental Notice of Proposed Rulemaking (SNPRM) for Small 
Passenger Vessel Inspection and Certification, (59 FR 1994, January 13, 
1994) aligned the requirements for non-metallic piping with 
requirements for other vessels at the time without directing users to 
refer to 46 CFR part 56 to find the requirements for non-metallic pipe. 
All other inspected vessels, including passenger vessels regulated by 
46 CFR subchapters H and K, are required to use the requirements found 
in Sec.  56.60-25 for nonmetallic pipe. The intent of the 1994 SNPRM 
was to make the ``construction material requirements for vital system 
piping consistent for all vessels regardless of size or passenger 
capacity.'' However, the 1994 SNPRM did not include the reference to 
Sec.  56.60-25 for Subchapter T vessels.
    Because subchapter T does not refer the reader to Sec.  56.60-25, 
and was not updated to mirror the requirements in Sec.  56.60-25, the 
current regulations in Subchapter T are more restrictive than those for 
other classes of vessels. The proposed changes to Sec.  182.720 would 
allow this class of small passenger vessels to use the requirements of 
Sec.  56.60-25, including the proposed changes to this section 
discussed above, as an alternative to those prescribed in subchapter T. 
As such, we do not expect these proposed changes to result in any 
additional costs to the industry.
8. Sprinkler Systems
    The proposed regulations would remove the Coast Guard-unique design 
and installation requirements for sprinkler systems currently found in 
46 CFR 76.25-5 through 76.25-35, erroneously left in place by a 
previous rulemaking (Harmonization with International Safety Standards; 
62 FR 51188, September 30, 1997). In that rulemaking, which adopted 
NFPA 13 to replace the Coast Guard-unique requirements for sprinkler 
systems, sections 76.25-5 through 76.25-35 should have been deleted, 
but were not.
    The proposed regulations would also add clarifying language and 
chapter specificity regarding NFPA 13. Updates in 2010 to NFPA 13 
specify that performance for the designed sprinkler system should not 
be reduced whether a vessel is upright or at an inclined angle. 
Industry practice for marine systems already takes these incline angles 
into account and therefore these proposed changes do not alter current 
industry standards or practice and as such, are not expected to result 
in any additional costs.
9. Alternatives for Halon Bottle Inspection
    Current requirements for cylinders storing Halon 1301 state that 
they must be emptied and hydrostatically tested every 12 years. Also, 
cylinders discharged more than 5 years after the previous testing must 
be retested before refilling. However, due to the international ban on 
the production of Halon 1301, emptying and refilling of a Halon 1301 
cylinder is expensive and impractical for many vessel owners as it 
requires carefully controlled reclamation and collection of Halon 1301.
    As discussed in V. Discussion of Proposed Rule, the proposed 
changes to 46 CFR 147.65 would establish an alternative method of 
periodic inspection and testing requirements for Halon 1301 fire 
extinguishing systems by codifying NVIC 3-95, Periodic Inspection and 
Testing of Fixed Halon Fire Fighting Equipment Aboard Merchant Ships, 
and allow visual exams for Halon-storage bottles. We do not expect 
these proposed changes to result in any additional costs to industry.

D. Updates to Approval Process and Guidance for Equipment and Materials

1. Mutual Recognition Agreements (MRA)
    These provisions would explain the following with regard to MRAs: 
Their purpose; the Coast Guard process for approval and acceptance of 
equipment and materials; the numbering and labeling of approved 
equipment and materials; and the location of the current listing of all 
equipment approved under MRAs. These provisions may expand market 
opportunities and reduce management and testing costs for manufacturers 
as duplicative foreign nation approvals would not need to be sought. 
These provisions further the goals of E.O. 13609, which states that 
international regulatory cooperation can be an important means of 
promoting the goals of E.O. 13563. E.O. 13609 further states that 
differences between the U.S. and foreign counterparts might not be 
necessary and might impair the ability of American businesses to export 
and compete internationally. These provisions codify MRAs currently in 
force, and do not impose new requirements on industry. Consequently, 
they would not impose any additional costs on the industry.
2. Approval Series
    To accompany the changes made to the requirements for fire-
detection systems on board vessels, 46 CFR Subchapter Q would codify 
changes to the approval requirements necessary to meet the changes as 
discussed above. Also, we would replace outdated Coast Guard-specific 
requirements, including standards for non-metallic piping systems and 
fire hose nozzles, with suitable national and international consensus 
standards, and codify new approval series for equipment and materials 
approved for use on SOLAS ships, including portable foam applicator 
units.

[[Page 2282]]

    The proposed changes would require that all Coast Guard-accepted 
independent laboratories testing products for approval to the SOLAS 
requirements adhere to the FTP Code. On July 1, 2012, the 2010 Fire 
Test Procedures Code entered into force, and requires that laboratories 
use a quality control program based on ISO/IEC 17025. This standard is 
used throughout the world by our accepted laboratories as a means to 
ensure that testing of products is conducted in a consistent, 
appropriate, repeatable, and professional manner. Additionally, the 
proposed subpart 162.027 allows the use of ISO 9000 configuration 
control as an alternative to a follow-up program administered by an 
independent laboratory. In the past, we have allowed the less 
restrictive use of ISO 9000 for specific and appropriate situations.
    In addition to the proposed new and updated approval-series 
requirements discussed above, the proposed changes would amend our 
regulations to indicate that certain fire protection equipment and 
materials approved under approval series that use international 
standards for SOLAS vessels can be used without restriction in place of 
the products approved under the U.S. requirements, such as fire doors. 
These changes would allow products approved to meet the international 
standards to be considered equivalent to those products approved as 
meeting the U.S. requirements, because we have determined that the 
SOLAS standards for these materials provide an equivalent level of 
safety to our requirements.
    For the reasons discussed above, we do not expect these proposed 
changes to result in any additional costs to industry.
3. FTP Code Test Laboratories ISO/IEC 17025 Certified
    These provisions require that all laboratories which test according 
to the FTP Code be ISO/IEC 17025 certified. All currently approved FTP 
Code laboratories have ISO/IEC certification. This provision would 
codify international consensus standards and reflects currently 
existing practice and is not expected to impose any additional costs on 
industry.

E. Administrative Changes

    The proposed rule will also perform some administrative and 
technical changes including: Correcting conversion calculations listed 
in 46 CFR subchapter K (Sec.  118.410) and T (Sec.  181.410); moving 
and separating, for clarity, certain requirements by removing the 
regulations for fire detection systems in Sec.  181.400(c) through (g) 
and moving these regulations to proposed new Sec.  181.405(a) through 
(e); adding previously omitted statutory authority citation 33 U.S.C. 
1509 to the list of authorities contained in 33 CFR Subchapter NN, part 
148; and, making other corrections including editorial, organizational, 
and clarifying amendments. These are administrative corrections and 
would not impose any additional cost to the affected population.
Summary of Total Costs From All Provisions
    As discussed in the preamble and RA, total costs from this proposed 
rule stem from three provisions: (1) The NFPA 10 certification costs 
for owners and operators who wish to continue performing annual 
maintenance themselves; (2) Installation of a sensing device for 
vessels using sample extraction fire detection methods; and (3) The 
spanner wrench carriage requirement. Table 13 summarizes the total 
costs for these provisions and Table 16 presents the average total 
discounted and annualized costs by inspected subchapter (7 percent 
discount rate). Over the 10-year period of analysis, we estimate total 
discounted costs of these provisions to be approximately $1.08 million 
and the annualized cost at $154,217 using a discount rate of 7 percent.

                                                           Table 13--Estimate for Total Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              NFPA 10                   Undiscounted costs                       Discounted costs
                                                           certification -------------------------------------------------------------------------------
                          Year                                  and           Sample          Spanner      Undiscounted   Total costs (7  Total costs (3
                                                           recordkeeping    extraction       wrenches       total costs      percent)        percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................................................        $360,181              $0         $13,076        $373,257        $348,838        $362,385
2.......................................................         120,046           1,238  ..............         121,284         105,934         114,322
3.......................................................         119,836           1,238  ..............         121,074          98,832         110,800
4.......................................................         120,046           1,238  ..............         121,284          92,527         107,759
5.......................................................         119,836           1,238  ..............         121,074          86,324         104,439
6.......................................................         120,046  ..............  ..............         120,046          79,992         100,537
7.......................................................         119,836  ..............  ..............         119,836          74,628          97,438
8.......................................................         120,046  ..............  ..............         120,046          69,868          94,766
9.......................................................         119,836  ..............  ..............         119,836          65,183          91,844
10......................................................         120,046  ..............  ..............         120,046          61,025          89,326
                                                         -----------------------------------------------------------------------------------------------
    Totals *............................................       1,439,757           4,944          13,076       1,457,784       1,083,152       1,273,617
Annualized..............................................  ..............  ..............  ..............  ..............         154,217         149,307
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.

Total Costs by CFR Subchapter
    As this proposed rule affects a range of commercial vessels 
regulated under a number of 46 CFR subchapters, we present a summary of 
those affected vessels organized by inspection subchapter designation 
in Table 14. This summary aggregates the per-vessel costs based on a 
vessel's inspection subchapter designation. The summary in Table 12 
presents the average 10-year and annualized costs, discounted at 7 
percent. We also present the total number of affected vessels and the 
average annualized discounted cost per vessel (7 percent). Over the 10-
year period of analysis, we estimate approximately 1,713 vessels will 
incur an average annualized cost of $78 per vessel. Table 14 below 
presents these results.

[[Page 2283]]



                        Table 14--Average Discounted Total Costs by Inspection Subchapter
                                                   [7 percent]
----------------------------------------------------------------------------------------------------------------
                                                    Discounted      Annualized                      Annualized
  Inspection subchapter         Description       total costs (7     costs (7        Affected        costs per
       designation                                   percent)        percent)       population        vessel
                           .....................  ..............             (A)             (B)           (A/B)
----------------------------------------------------------------------------------------------------------------
C........................  Uninspected Vessels..              $0              $0             n/a             n/a
D........................  Tank Vessels.........         212,875          30,309             338              90
H........................  Passenger Vessels              18,335           2,610              30              87
                            >100 GT.
I........................  Cargo Vessels........         108,492          15,447             174              89
IA.......................  MODU.................           5,184             738               8              90
K........................  Small Passenger                28,198           4,015              87              46
                            Vessels.
L........................  Offshore Supply                32,876           4,681              52              90
                            Vessels.
N........................  Dangerous Cargoes               2,908             414               5              90
                            (Dry Bulk).
R........................  Nautical Schools.....           2,339             333               4              90
T........................  Small Passenger               642,924          91,538           1,233              74
                            Vessels.
U........................  Oceanographic                   4,046             576               6              90
                            Research.
Unspecified..............  .....................          24,973           3,556              40              90
                          --------------------------------------------------------------------------------------
    Totals **............  .....................       1,083,152         154,217           1,976              78
----------------------------------------------------------------------------------------------------------------
** Totals may not sum due to rounding.

Benefits
1. Harmonization with International and National Standards
    The benefits of the proposed rule include harmonization and 
compliance with internationally enforced standards, and harmonization 
with national industry consensus standards.
    For U.S. vessels to receive SOLAS certification, they must be 
constructed and maintained to international standards in addition to 
Coast Guard regulations. Therefore, harmonizing our regulations with 
SOLAS requirements reduces the regulatory burden on vessel owners and 
operators. Further, for SOLAS vessels, compliance with internationally 
enforced standards is necessary to prevent a vessel from being subject 
to detention by Port State Controls (PSC). Port State Controls can 
detain a ship in a foreign port and require that any deficiencies be 
rectified before the ship can depart. Delays of this type can be costly 
to the owners and operators of vessels. Additionally, permitting non-
SOLAS vessels to use international standards instead of domestic 
standards would give these vessels more options during the design, 
installation and outfitting process of the vessel.
    For both SOLAS and non-SOLAS vessels, the harmonization with 
national industry consensus standards allows vessels to take advantage 
of modern technologies developed for shoreside use. The marine market 
for fire safety equipment is much smaller than that for the shoreside 
industry and, by incorporating the use of national industry consensus 
standards, this proposed rule would allow vessels a wider choice of 
equipment that still meets the standards required for vessel safety. 
This increase in availability and selection of products and services 
allows owners and operators to increase their purchasing power by 
improving the product and pricing options available through greater 
competition.
    Most of the harmonization provisions, whether international 
standards or modern industry consensus standards, are not expected to 
impose any additional costs on industry because they will not require 
the immediate replacement of serviceable current equipment. Current 
equipment will be replaced only at the end of its serviceable life, in 
most cases. The cost of replacement equipment that meets the new 
standards is expected to be less costly than its current counterpart in 
the marine market. There are three exceptions to this, which have been 
discussed in the Costs section. Additionally, these provisions provide 
additional economic efficiencies through the expansion of markets, 
particularly international markets.
2. NFPA 10 Certification
    The shoreside firefighting industry drives innovations and the 
establishment of standards. NFPA 10 certification for individuals 
maintaining fire extinguishers is an established shoreside standard and 
practice helping to ensure that pressure vessels are properly handled 
and maintained. Similarly, NFPA 10 certification for mariners servicing 
fire extinguishers helps to ensure that those performing the 
maintenance have been trained to industry standards. These 
certifications help to preserve the margin of safety necessary when 
handling pressure vessels such as portable fire extinguishers. 
Additionally, national industry consensus standards, incorporated by 
reference, help to ensure that maintenance is performed in a consistent 
manner. This allows vessel owners and operators to take advantage of 
improved methodologies and safe operating procedures as well as 
removing barriers for the maintenance industry to service the maritime 
sector, potentially expanding the market of service providers and 
reducing costs.
3. Ventilation of Potentially Toxic or Flammable Gases for Systems 
Using Sample Gas Extraction
    Sample gas extraction systems which route environmental samples 
from the cargo holds to the bridge so a watchstander can detect a 
problem by smell have been considered by international consensus 
standards to be unacceptably dangerous. These potentially toxic or 
flammable gases may create hazardous conditions and may present 
unnecessary and avoidable risks to the watchstander. In recognition of 
this, the 1978 SOLAS protocol, which went into effect May 25, 1980, 
directed that the gases be vented to the exterior rather than to the 
bridge. The need for a reduction of human exposure to potentially 
hazardous environments is well recognized by the Occupational Safety 
and Health Administration as noted in their implementation of 
ventilation standards, including exhaust ventilation systems (29 CFR 
1910.94(a)(4)). These standards specify that potentially toxic gasses 
should be routed away from human occupied spaces.

[[Page 2284]]

    Additionally, the installation of a detection system provides 
increased warning capability as both a visual and audible alarm is 
installed. As such, the detection system reduces detection time as the 
sensitivity to gases which indicate potential problems is much more 
attuned and consistent than an individual crew member's olfactory 
sense. Finally, the environmental conditions are improved as 
potentially toxic or flammable gases are no longer routed into human-
occupied spaces.
4. Spanner Wrench Carriage Requirement
    Spanner wrench requirements ensure that the safety equipment 
installed onboard vessels is available for use. These requirements 
ensure that a 1.5-inch hose can be used in the case of an emergency. 
Additionally, requiring the placement of the wrench near the hose 
installation may reduce response time as the necessary tool is readily 
available.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    In order to determine whether this proposed rule would have a 
significant impact on a substantial number of small entities, we assume 
the maximum potential impact any single vessel and entity would incur 
when estimating costs. Table 15 illustrates this possibility should a 
single entity choose to implement these requirements on the same vessel 
during the first year. We anticipate that the estimated average 
annualized discounted cost (7 percent) per vessel to be $78. Table 14 
(above) discusses the distribution of costs by inspection subchapter 
and we note that the annualized discounted costs (7 percent) range from 
approximately $46 to $90.

                                                Table 15--Estimated Maximum Undiscounted First Year Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Totals (undiscounted)
    Inspection subchapter                                     NFPA 10         Sample      Spanner wrench -----------------------------------------------
         designation                  Description          certification    extraction         costs                                         Cost per
                                                               costs           costs                        Total costs    Vessel count       vessel
--------------------------------------------------------------------------------------------------------------------------------------------------------
C............................  Uninspected Vessels......  ..............  ..............  ..............              $0             n/a             n/a
D............................  Tank Vessels.............          70,787           1,238  ..............          72,025             337             214
H............................  Passenger Vessels >100 GT           6,097           1,238  ..............           7,335              29             253
I............................  Cargo Vessels............          36,077           2,476  ..............          38,553             172             225
IA...........................  MODU.....................           1,724  ..............  ..............           1,724               8             210
K............................  Small Passenger Vessels..           9,377  ..............             852          10,229              45             229
L............................  Offshore Supply Vessels..          10,932  ..............  ..............          10,932              52             210
N............................  Dangerous Cargoes (Dry                967  ..............  ..............             967               5             210
                                Bulk).
R............................  Nautical Schools.........             778  ..............  ..............             778               4             210
T............................  Small Passenger Vessels..         213,792  ..............           4,318         218,110           1,017             214
U............................  Oceanographic Research...           1,346  ..............  ..............           1,346               6             210
Unspecified..................  .........................           8,304  ..............  ..............           8,304              40             210
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We next calculate the expected impact on small entities using a 1 
percent revenue impact as a threshold level. In order for a small 
entity to incur this threshold value, their average annual revenue must 
be less than approximately $22,000. Using information from several 
industry sources which contain revenue and employee size information 
(such as Manta, Cortera, and ReferenceUSA), the Coast Guard has 
developed a database of entities in the maritime industry which 
includes the vessels they own. Table 16 presents the distribution of 
these entities which is broken down by the vessel inspection subchapter 
designation, the estimated number of small entities, and the estimated 
count of small entities with revenue under the threshold value based on 
the cost impact presented in Table 15.

                                       Table 16--Estimated Distribution of Small Entities by Inspection Subchapter
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                             Count of
         Inspection subchapter designation             Number of     Average revenue      Max revenue       Min revenue    Revenue for a  entities under
                                                    small entities                                                           1% impact     the threshold
--------------------------------------------------------------------------------------------------------------------------------------------------------
C.................................................           1,094     $1,380,864,403   $187,437,000,000         $15,000             n/a             n/a
D.................................................             146     21,494,060,774    187,437,000,000          62,000          21,392               0
H.................................................              45        100,290,000        500,000,000         500,000          25,293               0
I.................................................             142         86,252,652      1,070,988,000          70,000          22,467               0
IA................................................              16        242,016,333      1,767,445,000         390,000          21,024               0
K.................................................              48          5,915,538         50,000,000         110,000          22,934               0
L.................................................              18          4,532,613         20,000,000         150,000          21,024               0
N.................................................               3         27,075,000        100,000,000         500,000          21,024               0
R.................................................               6            849,996          1,549,979         200,000          21,024               0

[[Page 2285]]

 
T.................................................           1,015         12,532,100      1,000,000,000           9,000          21,448               4
U.................................................               8         27,500,000         50,000,000       5,000,000          21,024               0
Unspecified.......................................             347         46,920,905      1,390,835,000           2,000          21,024               5
Blank *...........................................              24         58,153,333        741,370,000         140,000             n/a             n/a
                                                   -----------------------------------------------------------------------------------------------------
    Totals **.....................................           2,912
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Vessels with `BLANK' inspection subchapters are treated as `Uninspected'.
** Totals may not sum due to rounding.

    The Coast Guard assumes that entities will choose to minimize 
revenue impacts for any given year; therefore, we estimate the revenue 
impact would more closely resemble the discussion presented in Table 
14. However, based on the analysis presented in Tables 15 and 16, at 
most 9 out of 1,362 (1,015 + 347) entities may experience annual costs 
exceeding the 1 percent threshold. As a result, the Coast Guard assumes 
this proposed rule would not significantly impact revenues on a 
substantial number of small entities (i.e., annual costs are expected 
to be less than one percent of annual revenues), and therefore, do not 
represent a significant economic impact on affected small entities. 
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule, if promulgated, will not have a significant economic 
impact on a substantial number of small entities. If you think that 
your business, organization, or governmental jurisdiction qualifies as 
a small entity and that this rule would have a significant economic 
impact on it, please submit a comment to the Docket Management Facility 
at the address under ADDRESSES. In your comment, explain why you think 
it qualifies and how and to what degree this proposed rule would 
economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult LCDR John Miller, 
Office of Design and Engineering Standards, Lifesaving and Fire Safety 
Division (CG-ENG-4), Coast Guard; (202) 372-1372 or email 
[email protected]. 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

    The proposed rule would call for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined 
in 5 CFR 1310.3 (c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The Title and description of the information collection, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. The estimate covers the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection. This proposed rule would modify an existing collection as 
discussed below.
    Title: Certificates of Compliance, Boiler/Pressure Vessel Repairs, 
Cargo Gear Records, and Shipping Papers.
    OMB Control Number: 1625-0037.
    Summary Of Collection Of Information: These requirements provide 
the marine inspector with information regarding the condition of a 
vessel and its equipment, a list of the type and amount of cargo that 
has been or is being carried on a vessel, plus information about the 
owner of the vessel. Each of these requirements relate to the promotion 
of safety of life at sea and protection of the marine environment.
    Need For Information: The certification requirement would provide 
proof that the crewmember assigned to perform the annual fire 
extinguisher maintenance for rechargeable fire extinguishers onboard a 
vessel is trained and certified in accordance with NFPA 10 industry 
standards. Vessel owners and operators must have crew members' 
certificates available when asked by an inspector to verify crew member 
training.
    Proposed Use Of Information: The certificate verifies that 
crewmembers performing annual maintenance on rechargeable fire 
extinguishers are current on NFPA 10 training and standards.
    Description Of The Respondent: We anticipate that a small number of 
the affected population (1,713 vessel owner/operators) would perform 
their own annual maintenance on rechargeable fire extinguishers. Vessel 
owners and operators do have the option of hiring servicing companies 
to perform the annual maintenance instead of performing the task 
themselves. However, if a vessel owner or operator elects to perform 
the annual maintenance on rechargeable fire extinguishers themselves, 
the crewmember selected for the duty must be trained and certified in 
NFPA 10 industry standards. We assume the vessel Master will maintain 
the certificate on file.
    Number Of Responents: We estimate that a Master for each of 1,713 
vessels would be affected by this proposed rule. See Table 7 for an 
estimated detailed description of the number of vessels, by subchapter, 
affected by this rule.
    Frequency Of The Response: We anticipate that all 1,713 vessels 
will have a crewmember trained and certified in accordance with NFPA 10 
industry standards to perform annual maintenance on rechargeable fire 
extinguishers. We estimate that in the

[[Page 2286]]

first year all vessels in the affected population would require 
certification. After the first year, we estimate that \1/3\ of the 
affected population or 571 crewmembers, would require new certification 
or re-certification. See footnote 5 above for explanation of the 
assumption used in the certification for years 2 and 3.
    Burden Of Response: We estimate additional burden imposed by this 
proposed rule to be minimal on a per vessel basis. The amount of annual 
recordkeeping required is anticipated to be less than two minutes for 
filing the certificate, and another two minutes for producing the 
certificate during periodic inspections.
    Estimate Of Total Annual Burden: We estimate the total annual 
burden for the affected population in the initial year of this rule to 
be 114.2 hours ((4 min * 1,713 total affected population) / 60 
minutes). After the initial year, we anticipate that 1/3 of the 
affected population or 571 vessel Masters \11\ would be burdened with 
this new requirement. We estimate the annual burden, after the initial 
year, to be 38 hours ((4 min * 571) / 60 minutes). The annual cost of 
this burden in the initial year is estimated to be $5,754 (114.2 hours 
* $50.38 Vessel Masters), and after the initial year to be $1,914 (38 
hours * $50.38 Vessel Masters). The per-vessel burden cost is estimated 
to be $3.35 ($1,914 / 571) (note that the per-vessel cost burden in the 
initial year will be equal to the burden in the subsequent years).
---------------------------------------------------------------------------

    \11\ As discussed above in section VII. Regulatory Analysis, we 
assume a vessel master will be responsible for filing and producing 
the certificate upon request.
---------------------------------------------------------------------------

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507 
(d)), we have submitted a copy of this proposed rule to OMB for its 
review of the collection of information.
    We ask for public comments on the proposed collection of 
information to help us determine how useful the information is; whether 
it can help us perform our function better; whether it is readily 
available elsewhere; how accurate our estimate of the burden of 
collection is; how valid our methods for determining burden are; how we 
can improve the quality, usefulness, and clarity of the information, 
and how we can minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless we have 
published a currently valid control number from OMB. Before the Coast 
Guard could enforce the collection of information requirements in this 
proposed rule, OMB would need to approve the Coast Guard's request to 
collect this information.

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the 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 that Order and have 
determined that it is consistent with the fundamental principles and 
preemption requirements described in Executive Order 13132. Our 
analysis is explained below.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard, including categories for 
inspected vessels. It is also well-settled, now, that all of the 
categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, 
construction, alteration, repair, maintenance, operation, equipping, 
personnel qualification, and manning of vessels), as well as the 
reporting of casualties and any other category in which Congress 
intended the Coast Guard to be the sole source of a vessel's 
obligations, are within the field foreclosed from regulation by the 
States. (See the decision of the Supreme Court in the consolidated 
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 
120 S.Ct. 1135 (March 6, 2000).) This proposed rule regulates fire 
prevention, protection, detection, and extinguishing equipment on 
inspected vessels, and therefore the States may not regulate within 
this category of fire prevention equipment. Therefore, the rule is 
consistent with the principles of federalism and preemption 
requirements in Executive Order 13132.
    Additionally, towing vessels are now subject to inspection under 46 
U.S.C. 3301 and 3306. As mentioned above, it is well-settled that 
states may not regulate within categories covered in 46 U.S.C. 3306 for 
inspected vessels. Since this proposed rule creates comprehensive 
regulations for fire prevention, protection, detection, and 
extinguishing equipment on towing vessels, states may not regulate 
within this category of fire prevention equipment. Therefore, the rule 
is consistent with the principles of federalism and preemption 
requirements in Executive Order 13132.
    Congress also granted to the Coast Guard, through delegation by the 
Secretary, the authority to promulgate regulations with respect to 
firefighting equipment on uninspected vessels. 46 U.S.C. 4102(a) 
requires that ``[e]ach uninspected vessel propelled by machinery shall 
be provided with the number, type, and size of fire extinguishers, 
capable of promptly and effectively extinguishing burning liquid fuel, 
that may be prescribed by regulation.'' This proposed rule regulates, 
among other things, fire extinguishing equipment on uninspected 
vessels, and therefore the States may not regulate within this 
category. Therefore, the rule is consistent with the principles of 
federalism and preemption requirements in Executive Order 13132.
    Additionally, with regard to regulations promulgated under 46 
U.S.C. 4302 concerning recreational vessels, under 46 U.S.C. 4306, 
those Federal regulations that establish minimum safety standards for 
recreational vessels and their associated equipment, as well as 
regulations that establish procedures and tests required to measure 
conformance with those standards, preempt State law, unless the State 
law is identical to a Federal regulation or a State is specifically 
provided an exemption to those regulations, or permitted to regulate 
marine safety articles carried or used to address a hazardous condition 
or circumstance unique to that State. This proposed rule establishes 
minimum requirements for fire extinguishing equipment for recreational 
vessels, and therefore the States may not issue regulations that differ 
from Coast Guard regulations within these fire equipment categories for 
recreational vessels. Therefore, the rule is consistent with the 
principles of federalism and preemption requirements in Executive Order 
13132.
    Congress also granted the authority, through delegation by the 
Secretary, to promulgate regulations for uninspected commercial fishing 
vessels, which requires these vessels to ``be equipped with . . . 
readily accessible fire extinguishers capable of promptly and 
effectively extinguishing a flammable or combustible liquid fuel 
fire.'' 46 U.S.C. 4502(a)(1). Also, Congress permitted the Secretary to 
establish minimum safety standards for certain uninspected commercial 
fishing vessels, including standards for ``fire protection and 
firefighting equipment, including fire alarms and portable and semi-
portable fire extinguishing equipment.'' 46 U.S.C. 4502(c)(2)(C). As 
this proposed rule regulates fire prevention, protection, detection, 
and extinguishing

[[Page 2287]]

equipment on uninspected commercial fishing vessels, the States may not 
regulate within this category of equipment. Therefore, the rule is 
consistent with the principles of federalism and preemption 
requirements in Executive Order 13132.
    Additionally, Congress specifically granted the authority to 
regulate artificial islands, installations, and other devices 
permanently or temporarily attached to the Outer Continental Shelf 
(OCS) and in the waters adjacent thereto as it relates to the safety of 
life to the Secretary of the Department in which the Coast Guard is 
operating. 43 U.S.C. 1333(d)(1) states that the Secretary ``shall have 
the authority to promulgate and enforce such reasonable regulations 
with respect to lights and other warning devices, safety equipment, and 
other matters relating to the promotion of safety of life and property 
on the artificial islands, installations, and other devices . . . as he 
may deem necessary.'' As this proposed rule regulates fire prevention, 
protection, detection, and extinguishing equipment to ensure safety of 
life on these OCS installations, it falls within the scope of authority 
Congress granted exclusively to the Secretary. This authority has been 
delegated to the Coast Guard and is exercised in this rulemaking, and 
the States may not regulate within this category of safety equipment. 
Therefore, the rule is consistent with the principles of federalism and 
preemption requirements in Executive Order 13132.
    Finally, Congress granted the authority to regulate deepwater ports 
to the Secretary of Transportation. 33 U.S.C. 1509(b) states that the 
Secretary of Transportation ``shall issue and enforce regulations with 
respect to lights and other warning devices, safety equipment, and 
other matters relating to the promotion of safety of life and property 
in any deepwater port and the waters adjacent thereto.'' When the Coast 
Guard was an agency within the Department of Transportation, the 
authority to issue regulations with respect to safety on deepwater 
ports was delegated to the Coast Guard. See 49 CFR 1.46(s). The 
Homeland Security Act of 2002, Public Law 107-296, transferred the 
Coast Guard to the Department of Homeland Security. Pursuant to the 
Homeland Security Act, authorities that were delegated to the Coast 
Guard remained intact during this transfer by operation of law. The 
authority was then delegated to the Commandant of the Coast Guard 
through Department of Homeland Security Delegation 0170.1. Since this 
proposed rule regulates fire prevention, protection, detection, and 
extinguishing equipment to ensure safety on deepwater ports, it falls 
within the scope of authority that has been transferred, delegated to, 
and exercised by the Coast Guard. The States may not regulate within 
this category of safety equipment. Therefore, the 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 implications and 
preemptive effect, Executive Order 13132 specifically directs agencies 
to consult with State and local governments during the rulemaking 
process.
    Therefore, the Coast Guard invites State and local governments and 
their representative national organizations to indicate their desire 
for participation and consultation in this rulemaking process by 
submitting comments to this NPRM. In accordance with Executive Order 
13132, the Coast Guard will provide a federalism impact statement to 
document: (1) The extent of the Coast Guard's consultation with State 
and local officials who submit comments to this proposed rule; (2) a 
summary of the nature of any concerns raised by State or local 
governments and the Coast Guard's position thereon; and (3) a statement 
of the extent to which the concerns of State and local officials have 
been met. We will also report to the Office of Management and Budget 
any written communications with the States.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian Tribes, on the relationship between the Federal 
Government and Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes.

K. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling

[[Page 2288]]

procedures; and related management systems practices) that are 
developed or adopted by voluntary consensus standards bodies.
    This proposed rule uses the following new voluntary consensus 
standards:
     Compressed Gas Association, Inc. (CGA) Pamphlet C-6, 
Standards for Visual Inspection of Steel Compressed Gas Cylinders, 
2010.
     IEC 60092-504, Electrical Installations in Ships--Part 
504: Special Features--Control and Instrumentation, 2001.
     NFPA 12A, Standard on Halon 1301 Fire Extinguishing 
Systems, 2009.
     NFPA 1964, Standard for Spray Nozzles, 2008.
     UL 8, Standard for Foam Fire Extinguishers, 2005.
     UL 154, Standard for Carbon-Dioxide Fire Extinguishers, 
2005.
     UL 299, Standard for Dry Chemical Fire Extinguishers, 
2002.
     UL 464, Standard for Audible Signaling Appliances, 2009.
     UL 626, Standard for 2\1/2\-Gallon Stored Pressure, Water-
Type Fire Extinguishers, 2005.
     UL 711, Standard for Rating and Testing of Fire 
Extinguishers, 2004.
     UL 1480, Standard for Speakers for Fire Alarm, Emergency, 
and Commercial and Professional Use, 2003.
     UL 1971, Standard for Signaling Devices for the Hearing 
Impaired, 2002.
     UL 2129, Standard for Halocarbon Agent Fire Extinguishers, 
2005.
    This proposed rule also uses the following updated voluntary 
consensus standards:
     ANSI FM 3260, Approval Standard for Radiant Energy-Sensing 
Fire Detectors for Automatic Fire Alarm Signaling, 2000. Federal 
Specification ZZ-H-451G, Hose, Fire, Woven-Jacketed Rubber or Fabric-
Lined, with Couplings, 1984.
     IMO Resolution A.753(18), Guidelines for the Application 
of Plastic Pipes on Ships, as amended by IMO Resolution MSC.313(88).
     IMO Resolution A.653(16), Recommendation on Improved Fire 
Test Procedures for Surface Flammability of Bulkhead, Ceiling and Deck 
Finish Materials.
     IMO Resolution MSC.307(88), Adoption of the International 
Code for the Application of Fire Test Procedures, 2010 (2010 FTP Code).
     IMO Resolution MSC.98(73), Adoption for the International 
Code for Fire Safety Systems (FSS Code) as amended by IMO Resolutions 
MSC.206(81), MSC.217(82), MSC.292(87), and MSC.311(88).
     International Convention for the Safety of Life at Sea 
(SOLAS), Consolidated Text of the International Convention for the 
Safety of Life at Sea, 1974, and its Protocol of 1988: Article, Annexes 
and Certificates. (Incorporating all Amendments in Effect from 1 July 
2009) (SOLAS).
     IMO Resolution A.1021(26), Code on Alarms and Indicators, 
2009.
     NFPA 10, Standard for Portable Fire Extinguishers, 2010. 
NFPA 13 Standard for the Installation of Sprinkler Systems, 2010.
     NFPA 72, National Fire Alarm Code, 2010.UL 19, Standard 
for Lined Fire Hose and Hose Assemblies, 2001.
     UL 38, Standard for Manually Activated Signaling Boxes for 
Fire Alarm Systems, 2008.
     UL 268, Standard for Smoke Detectors for Fire Protective 
Signaling Systems, 2009.
     UL 521, Standard for Heat Detectors for Fire Protective 
Signaling Systems, 1999.
     UL 864, Standard for Control Units and Accessories for 
Fire Alarm Systems, 2003.
    The proposed sections that reference these standards and the 
locations where these standards are available are listed in 33 CFR 
140.7, 149.3, and 46 CFR 25.01-3, 27.102, 28.40, 31.01-2, 34.01-15, 
56.01-2, 71.25-3, 76.01-2, 91.25-7, 95.01-2, 107.115, 108.101, 114.600, 
125.180, 147.7, 161.002-1, 162.027-2, 162.028-1, 162.039-1, 162.163-2, 
164.105-2, 164.106-2, 164.107-2, 164.108-2, 164.109-2, 164.110-2, 
164.111-2, 164.112-2, 164.117-2, 164.136-2, 164.137-2, 164.138-2, 
164.139-2, 164.141-2, 164.142-2, 164.144-2, 164.146-2, 164.201-2, 
164.207-2, 169.115, 175.600, 188.01-5, and 193.01-3.
    If you disagree with our analysis of the voluntary consensus 
standards listed above or are aware of voluntary consensus standards 
that might apply but are not listed, please send a comment to the 
docket using one of the methods under ADDRESSES. In your comment, 
please explain why you disagree with our analysis and/or identify 
voluntary consensus standards we have not listed that might apply.

M. Coast Guard Authorization Act Sec. 608 (46 U.S.C. 2118(a))

    Section 608 of the Coast Guard Authorization Act of 2010 (Pub. L. 
111-281) adds new section 2118 to 46 U.S.C. Subtitle II (Vessels and 
Seamen), Chapter 21 (General). New section 2118(a) sets forth 
requirements for standards established for approved equipment required 
on vessels subject to 46 U.S.C. Subtitle II (Vessels and Seamen), Part 
B (Inspection and Regulation of Vessels). Those standards must be '' 
(1) based on performance using the best available technology that is 
economically achievable; and (2) operationally practical.'' See 46 
U.S.C. 2118(a). This rulemaking proposes a revision of the standards 
for fire prevention, protection, detection, and extinguishing equipment 
regulations on vessels subject to 46 U.S.C. Subtitle II, Part B, and 
the Coast Guard has ensured this rule satisfies the requirements of 46 
U.S.C. 2118(a), as necessary.

N. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under the ``Public 
Participation and Request for Comments'' section of this preamble. This 
proposed rule involves:
    Section 2.B.b, Figure 2.1 paragraph (34)(b), (d), and (e) of the 
Instruction, which covers regulations concerning delegating authority, 
manning, documents, admeasurements, inspection, and equipping of 
vessels; and paragraph 6(a) of the National Environmental Policy Act: 
Coast Guard Procedures for Categorical Exclusions (67 FR 48243, July 
23, 2002), which covers regulations concerning vessel and related 
facility operation safety standards because this proposed rule pertains 
to regulations concerning delegating authority and the inspection and 
equipping of vessels (and related facilities), as well as vessel 
operation safety standards, equipment approval, and equipment carriage 
requirements. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects

33 CFR Part 140

    Continental shelf, Incorporation by reference, Investigations, 
Marine safety, Occupational safety and health, Penalties, Reporting and 
recordkeeping requirements.

[[Page 2289]]

33 CFR Part 145

    Continental shelf, Fire prevention, Marine safety, Occupational 
safety and health.

33 CFR Part 148

    Administrative practice and procedure, Environmental protection, 
Harbors, Petroleum.

33 CFR Part 149

    Fire prevention, Harbors, Incorporation by reference, Marine 
safety, Navigation (water), Occupational safety and health, Oil 
pollution.

46 CFR Part 25

    Fire prevention, Incorporation by reference, Marine safety, 
Reporting and recordkeeping requirements.

46 CFR Part 27

    Fire prevention, Incorporation by reference, Marine safety, 
Reporting and recordkeeping requirements, Vessels.

46 CFR Part 28

    Alaska, Fire prevention, Fishing vessels, Incorporation by 
reference, Marine safety, Occupational safety and health, Reporting and 
recordkeeping requirements, Seamen.

46 CFR Part 30

    Cargo vessels, Foreign relations, Hazardous materials 
transportation, Penalties, Reporting and recordkeeping requirements, 
Seamen.

46 CFR Part 31

    Cargo vessels, Incorporation by reference, Marine safety, Reporting 
and recordkeeping requirements.

46 CFR Part 32

    Cargo vessels, Fire prevention, Incorporation by reference, Marine 
safety, Navigation (water), Occupational safety and health, Reporting 
and recordkeeping requirements, Seamen.

46 CFR Part 34

    Cargo vessels, Fire prevention, Incorporation by reference, Marine 
safety.

46 CFR Part 50

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 56

    Incorporation by reference, Reporting and recordkeeping 
requirements, Vessels.

46 CFR Part 70

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 71

    Incorporation by reference, Marine safety, Passenger vessels, 
Reporting and recordkeeping requirements.

46 CFR Part 72

    Fire prevention, Marine safety, Occupational safety and health, 
Passenger vessels, Seamen.

46 CFR Part 76

    Fire prevention, Incorporation by reference, Marine safety, 
Passenger vessels.

46 CFR Part 78

    Incorporation by reference, Marine safety, Navigation (water), 
Passenger vessels, Penalties, Reporting and recordkeeping requirements.

46 CFR Part 90

    Cargo vessels, Marine safety.

46 CFR Part 91

    Cargo vessels, Incorporation by reference, Marine safety, Reporting 
and recordkeeping requirements.

46 CFR Part 92

    Cargo vessels, Fire prevention, Incorporation by reference, Marine 
safety, Occupational safety and health, Seamen.

46 CFR Part 95

    Cargo vessels, Fire prevention, Incorporation by reference, Marine 
safety.

46 CFR Part 107

    Incorporation by reference, Marine safety, Oil and gas exploration, 
Reporting and recordkeeping requirements, Vessels.

46 CFR Part 108

    Fire prevention, Incorporation by reference, Marine safety, 
Occupational safety and health, Oil and gas exploration, Vessels.

46 CFR Part 113

    Communications equipment, Fire prevention, Vessels.

46 CFR Part 114

    Incorporation by reference, Marine safety, Passenger vessels, 
Reporting and recordkeeping requirements.

46 CFR Part 116

    Fire prevention, Marine safety, Passenger vessels, Seamen.

46 CFR Part 118

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 122

    Marine safety, Passenger vessels, Penalties, Reporting and 
recordkeeping requirements.

46 CFR Part 125

    Administrative practice and procedure, Cargo vessels, Hazardous 
materials transportation, Incorporation by reference, Marine safety, 
Seamen.

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, Incorporation by reference, Laboratories, 
Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 160

    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 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, Incorporation by reference, Marine safety, 
Reporting and recordkeeping requirements, Schools, Vessels.

46 CFR Part 175

    Incorporation by reference, Marine safety, Passenger vessels, 
Reporting and recordkeeping requirements.

46 CFR Part 176

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

[[Page 2290]]

46 CFR Part 177

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 181

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 182

    Marine safety, Passenger vessels.

46 CFR Part 185

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 188

    Incorporation by reference, Marine safety, Oceanographic research 
vessels.

46 CFR Part 189

    Marine safety, Oceanographic research vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 190

    Fire prevention, Marine safety, Occupational safety and health, 
Oceanographic research vessels.

46 CFR Part 193

    Fire prevention, Incorporation by reference, Marine safety, 
Oceanographic research vessels.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 140, 145, 148, and 149, and 46 CFR parts 25, 27, 
28, 30, 31, 32, 34, 50, 56, 70, 71, 72, 76, 78, 90, 91, 92, 95, 107, 
108, 113, 114, 116, 118, 122, 125, 132, 147, 159, 160, 161, 162, 164, 
167, 169, 175, 176, 177, 181, 182, 185, 188, 189, 190, and 193 as 
follows:

Title 33--Navigation and Navigable Waters

PART 140--GENERAL

0
1. The authority citation for part 140 continues to read as follows:

    Authority: 43 U.S.C. 1333, 1348, 1350, 1356; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  140.3  [Amended]

0
2. Amend Sec.  140.3 by adding, at the end of the introductory 
paragraph, the sentence ``The regulations in this subchapter (parts 140 
through 147) have preemptive effect over state or local regulations in 
the same field.''.
0
3. Revise Sec.  140.7 to read as follows:


Sec.  140.7  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than that specified in this section, the Coast Guard must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American National Standards Institute (ANSI), 25 West 43rd 
Street, 4th Floor, New York, NY 10036, (212) 642-4900, www.ansi.org.
    (1) ANSI A10.14-1975, Requirements for Safety Belts, Harnesses, 
Lanyards, Lifelines, and Drop Lines for Construction and Industrial 
Use, IBR approved for Sec.  142.42.
    (2) ANSI/UL 1123-1987, Standard for Marine Buoyant Devices, IBR 
approved for Sec.  143.405.
    (3) ANSI Z41-1983, American National Standard for Personal 
Protection-Protective Footwear, IBR approved for Sec.  142.33.
    (4) ANSI Z87.1-1979, Practice for Occupational and Educational Eye 
and Face Protection, IBR approved for Sec.  142.27.
    (5) ANSI Z88.2-1980, Practices for Respiratory Protection, IBR 
approved for Sec.  142.39.
    (6) ANSI Z89.1-1981, Safety Requirements for Industrial Head 
Protection, IBR approved for Sec.  142.30.
    (c) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Assembly Resolution A.414 (XI), Code for Construction and 
Equipment of Mobile Offshore Drilling Units, IBR approved for 
Sec. Sec.  143.207 and 146.205.
    (2) [Reserved]
    (d) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 
Edition, (``NFPA 10''), IBR approved for Sec.  145.01(b).
    (2) [Reserved]

PART 145--FIRE-FIGHTING EQUIPMENT

0
4. The authority citation for part 145 continues to read as follows:

    Authority:  Sec. 633, 63 Stat. 545; sec. 4, 67 Stat. 462; 14 
U.S.C. 633; 43 U.S.C. 1333.

0
5. Revise Sec.  145.01 to read as follows:


Sec.  145.01  Portable and semi-portable fire extinguishers.

    (a) On all manned platforms and on all unmanned platforms where 
crews are continuously working on a 24-hour basis, Coast Guard-approved 
portable fire extinguishers and/or Coast Guard-approved semi-portable 
fire extinguishers must be installed and maintained. On all unmanned 
platforms where crews are not continuously working on a 24-hour basis, 
Coast Guard-approved portable fire extinguishers and/or Coast Guard-
approved semi-portable fire extinguishers are required to be installed 
and maintained only when crews are working on them.
    (b) Portable and semi-portable fire extinguishers must be inspected 
and maintained in accordance with NFPA 10 (incorporated by reference, 
see Sec.  140.7) as amended here:
    (1) Certification or licensing by the state or local jurisdiction 
as a fire extinguisher servicing agency will be accepted by the Coast 
Guard as meeting the personnel certification requirements of NFPA 10 
for annual maintenance and recharging of extinguishers.
    (2) Monthly inspections required by NFPA 10 may be conducted by the 
owner, operator, person-in-charge, or a designated member of the crew.
    (3) Non-rechargeable or non-refillable fire extinguishers must be 
inspected and maintained in accordance with NFPA 10. However, the 
annual maintenance need not be conducted by a certified person and can 
be conducted by the owner, operator, person-in-charge, or a designated 
member of the crew.
    (4) The owner or managing operator must provide satisfactory 
evidence of the required servicing to the marine inspector. If any of 
the equipment or records have not been properly maintained, a qualified 
servicing facility must perform the required inspections, maintenance 
procedures, and hydrostatic pressure tests. A tag issued by a qualified 
servicing organization, and attached to each extinguisher, may be 
accepted as evidence that the necessary maintenance procedures have 
been conducted.


Sec.  145.05  [Removed and Reserved]

0
6. Remove and reserve Sec.  145.05.
0
7. Amend Sec.  145.10 as follows:

[[Page 2291]]

0
a. Revise the section heading to read as follows;
0
b. In paragraphs (a) and (b), remove the word ``shall'' and add, in its 
place, the word ``must'';
0
c. Add new paragraphs (c) and (d) to read as follows; and
0
d. Revise table 145.10(a) to read as follows:


Sec.  145.10  Location, number, and installation of fire extinguishers.

* * * * *
    (c) Semi-portable extinguishers must be fitted with a suitable hose 
and nozzle, or other practicable means, so all of the space can be 
protected.
    (d) Table 145.10(a) of this section indicates the minimum number 
and size of fire extinguishers required 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 145.10(a)--Portable and Semi-Portable Extinguishers
------------------------------------------------------------------------
                                Minimum required        Quantity and
            Space                    rating               location
------------------------------------------------------------------------
Safety Areas:
    Communicating corridors.  2-A.................  1 in each main
                                                     corridor not more
                                                     than 150 ft apart.
                                                     (May be located in
                                                     stairways.)
    Radio room..............  20-B:C..............  1 in the vicinity of
                                                     the exit.
Accommodations:
    Sleeping accommodations.  2-A.................  1 in each sleeping
                                                     accommodation space
                                                     outfitted for 4 or
                                                     more persons.
Service Spaces:
    Galleys.................  40-B:C..............  1 for each 2,500 sq
                                                     ft of floor space
                                                     or fraction
                                                     thereof.
    Storerooms..............  2-A.................  1 for each 2,500 sq
                                                     ft of floor space
                                                     or fraction
                                                     thereof. The
                                                     extinguisher must
                                                     be located in the
                                                     vicinity of the
                                                     exits, either
                                                     inside or outside
                                                     of spaces.
Machinery spaces with:
    Gas-fired boilers.......  40-B................  2 required.
                              160-B...............  1 required.\1\
    Oil-fired boilers.......  40-B................  2 required.
                              160-B...............  2 required.\1\
    Internal combustion or    40-B................  1 for each
     gas turbine engines.                            engine.\2\
    Electric motors or        40-B:C..............  1 for each 2 motors
     generators of open type.                        or generators.\3\
------------------------------------------------------------------------
\1\ Not required where a fixed extinguishing system is installed.
\2\ When the installation is on the weather deck or open to the
  atmosphere at all times, then one 40-B extinguisher for every three
  engines is allowable.
\3\ Small electrical appliances, such as fans, are exempt.

0
8. Add Sec.  145.15 to read as follows:


Sec.  145.15  Location and number of fire extinguishers required for 
vessels contracted for prior to [30 DAYS AFTER DATE OF PUBLICATION OF 
FINAL RULE].

    (a) Vessels contracted for prior to [30 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE] must meet the following requirements:
    (1) Previously installed extinguishers with extinguishing 
capacities smaller than what is required in table 145.10(a) of this 
part need not be replaced and may be continued in service so long as 
they are maintained in good condition to the satisfaction of the 
Officer in Charge, Marine Inspection.
    (2) All new equipment and installations must meet the applicable 
requirements in this part for new vessels.
    (b) [Reserved]

PART 148--DEEPWATER PORTS: GENERAL

0
9. The authority citation for part 148 continues to read as follows:

    Authority: 33 U.S.C. 1504; Department of Homeland Security 
Delegation No. 0170.1 (75).

0
10. Amend Sec.  148.1 by adding, at the end of the introductory 
paragraph, a new sentence to read as follows:


Sec.  148.1  What is the purpose of this subchapter?

    * * * The regulations in this subchapter (parts 148 through 150) 
have preemptive effect over state or local regulations in the same 
field.

PART 149--DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT

0
11. The authority citation for part 149 is revised to read as follows:

    Authority: 33 U.S.C. 1504, 1509; Department of Homeland Security 
Delegation No. 0170.1 (75).

0
12. Add Sec.  149.3 to read as follows:


Sec.  149.3  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than that specified in this section, the Coast Guard must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
    (b) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition 
(``NFPA 10''), IBR approved for Sec.  149.408(a) through (d).
    (2) [Reserved]
0
13. Amend Sec.  149.403 as follows:
0
a. Revise the section heading to read as follows; and
0
b. In paragraph (a), remove the word ``supplemental'' and add, in its 
place, the word ``excess''.

[[Page 2292]]

Sec.  149.403  How can I request to use alternate or excess 
firefighting and fire prevention equipment or procedures?

* * * * *
0
14. Revise Sec.  149.404 to read as follows:


Sec.  149.404  Can I use firefighting equipment that is not Coast Guard 
approved?

    (a) A deepwater port may use firefighting equipment that is not 
Coast Guard approved as excess equipment, pursuant to Sec.  149.403 of 
this subpart, if the equipment does not endanger the port or the 
persons aboard it in any way. This equipment must be listed and labeled 
by a nationally recognized testing laboratory (NRTL), as set forth in 
29 CFR 1910.7, and it must be maintained in good working condition.
    (b) Use of non-Coast Guard-approved fire detection systems may be 
acceptable as excess equipment provided that:
    (1) Components are listed by an NRTL as defined in 46 CFR 161.002-
2, and are designed, installed, tested, and maintained in accordance 
with an appropriate industry standard and the manufacturer's specific 
guidance;
    (2) Installation conforms to the requirements of 46 CFR, subchapter 
J (Electrical Engineering), with specific regard to the hazardous 
location installation regulations in 46 CFR 111.105;
    (3) Coast Guard plan review is completed for wiring plans; and
    (4) The system and units remain functional as intended. To ensure 
this, marine inspectors may test and inspect the system.


Sec.  149.405  [Removed]

0
15. Remove Sec.  149.405.
0
16. Revise Sec.  149.408 to read as follows:


Sec.  149.408  What are the maintenance requirements for fire 
extinguishers?

    (a) Portable and semi-portable extinguishers must be inspected and 
maintained in accordance with NFPA 10 (incorporated by reference, see 
Sec.  149.3).
    (b) Certification or licensing by the state or local jurisdiction 
as a fire extinguisher servicing agency will be accepted by the Coast 
Guard as meeting the personnel certification requirements of NFPA 10 
for annual maintenance and recharging of extinguishers.
    (c) Monthly inspections required by NFPA 10 may be conducted by the 
owner, operator, person-in-charge, or a designated member of the crew.
    (d) Non-rechargeable or non-refillable extinguishers must be 
inspected and maintained in accordance with NFPA 10; however, the 
annual maintenance need not be conducted by a certified person and can 
be conducted by the owner, operator, person-in-charge, or a designated 
member of the crew.
    (e) The owner or managing operator must provide satisfactory 
evidence of the required servicing to the marine inspector. If any of 
the equipment or records have not been properly maintained, a qualified 
servicing facility must perform the required inspections, maintenance 
procedures, and hydrostatic pressure tests. A tag issued by a qualified 
servicing organization, and attached to each extinguisher, may be 
accepted as evidence that the necessary maintenance procedures have 
been conducted.
0
17. Revise Sec.  149.409 to read as follows:


Sec.  149.409  How many fire extinguishers are needed and how should 
they be installed?

    (a) Approved portable and semi-portable extinguishers must be 
installed in accordance with table 149.409 of this section.
    (b) Semi-portable extinguishers must be located in the open so as 
to be readily seen.
    (c) Semi-portable extinguishers must be fitted so that all portions 
of the space concerned may be covered.
    (d) Table 149.409 of this section indicates the minimum required 
classification 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 149.409--Portable and Semi-Portable Extinguishers, Minimum
                          Quantity and Location
------------------------------------------------------------------------
                                                    Minimum quantity and
            Space                Classification           location
------------------------------------------------------------------------
(a) Safety Areas:
    (1) Communicating         2-A.................  One in each main
     corridors.                                      corridor or
                                                     stairway not more
                                                     than 150 ft apart.
    (2) Radio room..........  20-B:C..............  One outside or near
                                                     each radio room
                                                     exit.
(b) Accommodation Spaces:
    (1) Sleeping quarters...  2-A.................  One in each sleeping
                                                     space that fits
                                                     more than four
                                                     persons.
(c) Service Spaces:
    (1) Galleys.............  40-B:C..............  One for each 2,500
                                                     sq ft or fraction
                                                     thereof, for
                                                     hazards involved.
    (2) Storerooms..........  2-A.................  One for each 2,500
                                                     sq ft or fraction
                                                     thereof, located
                                                     near each exit,
                                                     either inside or
                                                     outside the space.
    (3) Paint room..........  40-B................  One outside each
                                                     paint room exit.
(d) Machinery Spaces:
    (1) Gas-fired boilers...  40-B:C..............  Two.
                              160-B...............  One.\1\
    (2) Oil-fired boilers...  40-B:C..............  Two.
                              160-B...............  Two.\1\
    (3) Internal combustion   40-B................  One for each
     or gas turbine engines.                         engine.\2\
    (4) Open electric motors  40-B:C..............  One for each of two
     and generators.                                 motors or
                                                     generators.\3\
(e) Helicopter Areas:
    (1) Helicopter landing    160-B...............  One at each access
     decks.                                          route.
    (2) Helicopter fueling    160-B...............  One at each fuel
     facility.                                       transfer
                                                     facility.\4\
------------------------------------------------------------------------
\1\ Not required if a fixed system is installed.
\2\ If the engine is installed on a weather deck or is open to the
  atmosphere at all times, one 40-B extinguisher may be used for every
  three engines.
\3\ Small electrical appliances, such as fans, are exempt.
\4\ Not required if a fixed foam system is installed in accordance with
  46 CFR 108.489.


[[Page 2293]]

    (e) Semi-portable extinguishers must be fitted with a suitable hose 
and nozzle, or other practicable means, so that all areas of the space 
can be protected.
0
18. Revise Sec.  149.410 to read as follows:


Sec.  149.410  Location and number of fire extinguishers required for 
vessels constructed prior to [30 DAYS AFTER DATE OF PUBLICATION OF 
FINAL RULE].

    Vessels contracted for prior to [30 DAYS AFTER DATE OF PUBLICATION 
OF FINAL RULE], must meet the following requirements:
    (a) Previously installed extinguishers with extinguishing 
capacities smaller than what is required in table 149.409 of 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 subpart for new vessels.

Title 46--Shipping

PART 25--REQUIREMENTS

0
19. The authority citation for part 25 continues to read as follows:

    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4102, 4302; 
Department of Homeland Security Delegation No. 0170.1.

0
20. Revise Sec.  25.01-3 to read as follows:


Sec.  25.01-3  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than that specified in this section, the Coast Guard must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Boat and Yacht Council (ABYC), 613 Third Street, Suite 
10, Annapolis, MD 21403, 410-990-4460, http://www.abycinc.org.
    (1) Standard A-1-78, Marine LPG-Liquefied Petroleum Gas Systems, 
December 15, 1978, IBR approved for Sec.  25.45-2.
    (2) Standard A-22-78, Marine CNG-Compressed Natural Gas Systems, 
December 15, 1978, IBR approved for Sec.  25.45-2.
    (3) Standard A-16-97, Electric Navigation Lights, July 1997, IBR 
approved for Sec.  25.10-3.
    (c) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 302, Fire Protection Standard for Pleasure and Commercial 
Motor Craft, 1989, IBR approved for Sec.  25.45-2.
    (2) NFPA 10, Standard for Portable Fire Extinguishers, 2010 
Edition, (``NFPA 10''), IBR approved for Sec.  25.30-10(a) through (d).
    (3) NFPA 13, Standard for the Installation of Sprinkler Systems, 
2010 Edition, (``NFPA 13''), IBR approved for Sec.  25.30-15(c).
    (d) Society of Automotive Engineers (SAE), 400 Commonwealth Drive, 
Warrendale, PA 15096, 724-776-4841, http://www.sae.org.
    (1) SAE J-1928, Devices Providing Backfire Flame Control for 
Gasoline Engines in Marine Applications, June 1989, IBR approved for 
Sec.  25.35-1.
    (2) [Reserved]
    (e) Underwriters Laboratories (UL), 333 Pfingsten Road Northbrook, 
IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 1111, Marine Carburetor Flame Arrestors, June 1988, IBR 
approved for Sec.  25.35-1.
    (2) [Reserved]
0
21. Revise Sec.  25.30-1 to read as follows:


Sec.  25.30-1  Applicability.

    (a) The provisions of this subpart, with the exception of 
Sec. Sec.  25.30-80 and 25.30-90 of this subpart, as applicable, apply 
to all vessels contracted for on or after [30 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE].
    (b) Vessels contracted for prior to [30 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE] and after November 19, 1952, must meet the 
requirements of 46 CFR 25.30-80.
    (c) Vessels contracted for prior to November 19, 1952, must meet 
the requirements of 46 CFR 25.30-90.
0
22. Revise Sec.  25.30-10 to read as follows:


Sec.  25.30-10  Portable fire extinguishers and semi-portable fire 
extinguishing systems.

    (a) Portable and semi-portable extinguishers must be inspected and 
maintained in accordance with NFPA 10 (incorporated by reference, see 
Sec.  25.01-3).
    (b) Certification or licensing by the state or local jurisdiction 
as a fire extinguisher servicing agency will be accepted by the Coast 
Guard as meeting the personnel certification requirements of NFPA 10 
for annual maintenance and recharging of extinguishers.
    (c) Monthly inspections required by NFPA 10 may be conducted by the 
owner, operator, person-in-charge, or a designated member of the crew.
    (d) Non-rechargeable or non-refillable extinguishers must be 
inspected and maintained in accordance with NFPA 10; however, the 
annual maintenance need not be conducted by a certified person and can 
be conducted by the owner, operator, person-in-charge, or a designated 
member of the crew.
    (e) The owner or managing operator must provide satisfactory 
evidence of the required servicing to the marine inspector. If any of 
the equipment or records have not been properly maintained, a qualified 
servicing facility must perform the required inspections, maintenance 
procedures, and hydrostatic pressure tests. A tag issued by a qualified 
servicing organization, and attached to each extinguisher, may be 
accepted as evidence that the necessary maintenance procedures have 
been conducted.
    (f) Vaporizing-liquid type fire extinguishers containing carbon 
tetrachloride, chlorobromomethane, or other toxic vaporizing liquids 
are not acceptable as equipment required by this subchapter.
    (g) Portable or semi-portable extinguishers, which are required on 
their name plates to be protected from freezing, must not be located 
where freezing temperatures may be expected.
    (h) The use of dry chemical, stored pressure, fire extinguishers 
not fitted with pressure gauges or indicating devices, manufactured 
prior to January 1, 1965, may be permitted on motorboats and other 
vessels so long as such extinguishers are maintained in good and 
serviceable condition. The following maintenance and inspections are 
required for such extinguishers:
    (1) When the date on the inspection record tag on the extinguishers 
shows that 6 months have elapsed since the last weight check ashore, 
then such extinguishers are no longer accepted as meeting required 
maintenance conditions until they are reweighed ashore, found to be in 
a serviceable condition, and within required weight conditions.

[[Page 2294]]

    (2) If the weight of the container is \1/4\ ounce less than that 
stamped on the container, it must be serviced.
    (3) If the outer seal or seals (which indicate tampering or use 
when broken) are not intact, the boarding officer or marine inspector 
will inspect such extinguishers to see that the frangible disc in the 
neck of the container is intact; and if such disc is not intact, the 
container must be serviced.
    (4) If there is evidence of damage, use, or leakage, such as dry 
chemical powder observed in the nozzle or elsewhere on the 
extinguisher, the extinguisher must be serviced or replaced.
    (i) Dry chemical extinguishers, stored pressure extinguishers, and 
fire extinguishers without pressure gauges or indicating devices 
manufactured after January 1, 1965, cannot be labeled with the marine 
type label described in 46 CFR 162.028-4. These extinguishers 
manufactured after January 1, 1965, may be carried onboard motorboats 
or other vessels as excess equipment.
    (j) Semi-portable extinguishers must be fitted with a suitable hose 
and nozzle, or other practicable means, so that all portions of the 
space concerned may be covered.
0
23. Amend Sec.  25.30-15 to
0
a. Revise the section heading;
0
b. Designate the text as paragraph (a)
0
c. Add paragraphs (b) and (c)
    The changes to read as follows:


Sec.  25.30-15  Fixed fire extinguishing systems.

* * * * *
    (b) If the system is a carbon-dioxide type, then it must be 
designed and installed in accordance with subpart 76.15 of part 76 of 
subchapter H (Passenger Vessels) of this chapter.
    (b) If the system is an automatic sprinkler system then it must be 
designed and installed in accordance with Chapter 25 of NFPA 13 
(incorporated by reference, see Sec.  25.01-3).
0
24. Amend Sec.  25.30-20 as follows:
0
a. Remove the word ``hand'' wherever it appears.
0
b. In paragraph (a)(1), remove the word ``shall'' and add, in its 
place, the word ``must''; after the words ``need not carry'', remove 
the word ``such''; and after the words ``fire extinguishers if the 
construction of'', remove the words ``such motorboats'' and add, in 
their place, the words ``the boats'';
0
c. In table 25.30-20(a)(1), remove the text ``B-1'' and add, in its 
place, the text ``5-B'';
0
d. In footnote 1 of table 25.30-20(a)(1), remove the text ``B-11'' and 
add, in its place, the text ``20-B''; and remove the text ``B-I'' and 
add, in its place, the text ``5-B'';
0
e. In footnote 3 of figure 25.30-20(a1), remove the word ``Close'' and 
add, in its place, the word ``Closed''.
0
f. Add new paragraph (a)(3) to read as follows;
0
g. In paragraph (b), remove the word ``hand-portable'' and add, in its 
place, the word ``portable''.
0
h. In paragraph (c)(1), remove the word ``shall'' and add, in its 
place, the word ``must'';
0
i. In Table 25.30-20(b)(1), remove the text ``B-II'' and add, in its 
place, the text ``20-B'';
0
j. In paragraph (c)(2), remove the word ``shall'' and add, in its 
place, the word ``must'';
0
k. In paragraph (c)(2)(i), remove the text ``Type B-II'' and add, in 
its place, the text ``20-B''; and remove the word ``shall'' and add, in 
its place, the word ``must'';
0
l. In paragraph (c)(2)(ii), remove the text ``Type B-III semiportable'' 
and add, in its place, the text ``160-B semi-portable''; remove the 
word ``shall'' wherever it appears and add, in its place, the word 
``must''; and remove the words ``fire-extinguishing'', wherever they 
appear and add, in their place the words ``fire extinguishing'';
0
m. In paragraph (c)(3), remove the text ``B-III'' and add, in its 
place, the text ``160-B'';
0
n. In paragraph (c)(4), remove the word ``semiportable'' and add, in 
its place, the word ``semi-portable''; and after the words ``fire 
extinguisher has wheels'', remove the words ``and is not required by 
this section'';
0
o. Add paragraph (c)(5) to read as follows; and
0
p. In paragraph (d), remove the word ``shall'' wherever it appears and 
add, in its place, the word ``must''.


Sec.  25.30-20  Fire extinguishing equipment required.

    (a) * * *
    (3) Table 25.30-20(a)(1) of this section indicates the minimum 
quantity and type of extinguisher to be carried. Extinguishers with 
larger numerical ratings or multiple letter designations may be used if 
the extinguishers meet the requirements of the table.
* * * * *
    (c) * * *
    (5) Table 25.30-20(b)(1) of this section indicates the minimum 
quantity and type of extinguisher to be carried. Extinguishers with 
larger numerical ratings or multiple letter designations may be used if 
the extinguishers meet the requirements of the table.
* * * * *
0
25. Add Sec.  25.30-80 to read as follows:


Sec.  25.30-80  Location and number of fire extinguishers required for 
vessels constructed prior to [30 DAYS AFTER DATE OF PUBLICATION OF 
FINAL RULE].

    Vessels contracted for prior to [30 DAYS AFTER DATE OF PUBLICATION 
OF FINAL RULE], must meet the following requirements:
    (a) Previously installed extinguishers with extinguishing 
capacities smaller than what is required in tables 25.30-20(a)(1) and 
25.30-20(b)(1) of 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 subpart for new vessels.

PART 27--TOWING VESSELS

0
26. The authority citation for part 27 continues to read as follows:

    Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324, 
110 Stat. 3901); Department of Homeland Security Delegation No. 
0170.1.

0
27. Revise Sec.  27.102 to read as follows:


Sec.  27.102  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than that specified in this section, the Coast Guard must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Boat and Yacht Council (ABYC), 613 Third Street, Suite 
10, Annapolis, MD 21403, 410-990-4460, http://www.abycinc.org.
    (1) H-25-1986, Portable Fuel Systems for Flammable Liquids, IBR 
approved for Sec.  27.211.
    (2) H-33-1989, Diesel Fuel Systems, IBR approved for Sec.  27.211.
    (c) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.

[[Page 2295]]

    (1) ANSI/NFPA 302, Fire Protection Standard for Pleasure, and 
Commercial Motorcraft, 1998 Edition (``NFPA 302''), IBR approved for 
Sec.  27.211.
    (2) NFPA 750, Standard on Water Mist Fire Protection Systems, 2003 
Edition (``NFPA 750''), IBR approved for Sec.  27.101.
    (3) NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems, 
2000 edition (``NFPA 2001''), IBR approved for Sec.  27.101.
    (d) Society of Automotive Engineers (SAE), 400 Commonwealth Drive, 
Warrendale, PA 15096-0001, 724-776-4841, http://www.sae.org.
    (1) SAE J1475-1984, Hydraulic Hose Fitting for Marine Applications, 
IBR approved for Sec.  27.211.
    (2) SAE J1942-1989, Hose and Hose Assemblies for Marine 
Applications, IBR approved for Sec.  27.211.
0
28. Add Sec.  27.103 to read as follows:


Sec.  27.103  Preemption.

    The regulations in this part have preemptive effect over State or 
local regulations in the same field.
0
29. Amend Sec.  27.203 as follows:
0
a. Redesignate the introductory paragraph and paragraphs (a),(b),and 
(c) as (a) and (a)(1) through (a)(3), respectively;
0
b. Remove the word ``fire-protection'' wherever it appears and add, in 
its place, the words ``fire protection'';
0
c. In newly redesignated paragraph (a)(1), after the words ``each 
detector must be listed by'', remove the words ``an independent testing 
laboratory'' and add, in their place, the words ``a nationally 
recognized testing laboratory (NRTL), as defined in 46 CFR 161.002-2, 
for fire service'';
0
d. Redesignate paragraph (d) introductory text as paragraph (a)(4) and 
redesignate paragraphs (d)(1) through (d)(5) as (a)(4)(i) through 
(a)(4)(v), respectively;
0
e. Redesignate paragraphs (e) through (g) as paragraphs (a)(5) through 
(a)(7), respectively;
0
f. In newly designated paragraph (a)(7), remove the words ``Registered 
Professional Engineer'' and add, in their place, the words ``registered 
professional engineer''; and
0
g. Add new paragraph (b) to read as follows:


Sec.  27.203  What are the requirements for fire detection on towing 
vessels?

* * * * *
    (b) In spaces other than the engine room, non-approved fire 
detection systems may be acceptable as excess equipment provided that--
    (1) Components are listed by a nationally recognized testing 
laboratory (NRTL) as set forth in 29 CFR 1910.7, and is designed, 
installed, tested, and maintained in accordance with an appropriate 
industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR, subchapter 
J (Electrical Engineering), especially the hazardous location 
electrical installation regulations in 46 CFR 111.105;
    (3) Coast Guard plan review is completed for wiring plans; and
    (4) The system and units remain functional as intended. To ensure 
this, marine inspectors may test and inspect the system during routine 
inspections.


Sec.  27.303  [Amended]

0
30. In Sec.  27.303(b)(1), remove the text ``B-V'' and add, in its 
place, the text ``160-B or 100 lb. CO2 extinguisher, 
regardless of rating,''.


Sec.  27.305  [Amended]

0
31. In Sec.  27.305(a)(2), remove the text ``B-V'' and add, in its 
place, the text ``160-B or 100 lb. CO2 extinguisher, 
regardless of rating,''.

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

0
32. The authority citation for part 28 continues to read as follows:

    Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; 
Department of Homeland Security Delegation No. 0170.1.

0
33. Revise Sec.  28.40 to read as follows:


Sec.  28.40  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than that specified in this section, the Coast Guard must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Boat and Yacht Council (ABYC), 613 Third Street, Suite 
10, Annapolis, MD 21403, 410-990-4460, http://www.abycinc.org.
    (1) E-1-1972, Bonding of Direct Current Systems, IBR approved for 
Sec.  28.345.
    (2) E-8-1985, Alternating Current (AC) Electrical Systems on Boats, 
IBR approved for Sec.  28.345.
    (3) E-9-1981, Recommended Practices and Standards Covering Direct 
Current (DC) Electrical Systems on Boats, IBR approved for Sec.  
28.345.
    (4) H-2-1989, Ventilation of Boats Using Gasoline, IBR approved for 
Sec.  28.340.
    (5) H-25-1986, Portable Fuel Systems for Flammable Liquids, IBR 
approved for Sec.  28.335.
    (6) H-33-1989, Diesel Fuel Systems, IBR approved for Sec.  28.335.
    (7) P-1-1986, Installation of Exhaust Systems for Propulsion and 
Auxiliary Engines, IBR approved for Sec.  28.380.
    (c) ASTM International (formerly American Society for Testing and 
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 
610-832-9500, http://www.astm.org.
    (1) ASTM F 1321-92, Standard Guide for Conducting a Stability Test 
(Lightweight Survey and Inclining Experiment) to Determine the Light 
Ship Displacement and Centers of Gravity of a Vessel, IBR approved for 
Sec.  28.535.
    (2) [Reserved]
    (d) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) Resolution A.658(16), Use and Fitting of Retro-Reflective 
Materials on Life-Saving Appliances, dated November 1989, IBR approved 
for Sec.  28.135.
    (2) [Reserved]
    (e) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) ANSI/NFPA 70, National Electric Code, 1990 Edition (``NFPA 
70''), IBR approved for Sec. Sec.  28.350, 28.370, and 28.865.
    (2) ANSI/NFPA 302, Fire Protection Standard for Pleasure and 
Commercial Motor Craft, 1989 Edition (``NFPA 302''), IBR approved for 
Sec. Sec.  28.335, 28.340, and 28.345.
    (3) ANSI/NFPA 17, Standard for Dry Chemical Extinguishing Systems, 
1985 Edition (``NFPA 17'') IBR approved for Sec.  28.330.
    (4) ANSI/NFPA 17A, Standard for Wet Chemical Extinguishing Systems, 
1986 Edition (``NFPA 17A''), IBR approved for Sec.  28.330.
    (f) Society of Automotive Engineers (SAE), 400 Commonwealth Drive, 
Warrendale, PA 15096, 724-776-4841, http://www.sae.org.

[[Page 2296]]

    (1) SAE J 1475-1984, Hydraulic Hose Fitting for Marine 
Applications, IBR approved for Sec.  28.880.
    (2) SAE J 1942-1989, Hose and Hose Assemblies for Marine 
Applications, IBR approved for Sec.  28.405.
    (g) Underwriters Laboratories, Inc. (UL), 333 Pfingsten Road 
Northbrook, IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 217-1985, Single and Multiple Station Smoke Detectors, IBR 
approved for Sec. Sec.  28.325 and 28.830.
    (2) UL 710-1990, Exhaust Hoods for Commercial Cooking Equipment, 
IBR approved for Sec.  28.330.
0
34. Revise Sec.  28.155 to read as follows:


Sec.  28.155  Excess fire detection and protection equipment.

    (a) 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 (NRTL) as set forth in 29 CFR 1910.7, and 
are designed, installed, tested, and maintained in accordance with an 
appropriate industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR, subchapter 
J (Electrical Engineering), especially the hazardous location 
electrical installation regulations in 46 CFR 111.105;
    (3) Coast Guard plan review is completed for wiring plans; and
    (4) The system and units remain functional as intended. To ensure 
this, marine inspectors may test and inspect the system during routine 
inspections.
    (b) The regulations in this section have preemptive effect over 
State or local regulation within the same field.
0
35. Amend Sec.  28.160 as follows:
0
a. Add new paragraphs (c), (d), and (e) to read as follows; and
0
b. Revise table 28.160 to read as follows:


Sec.  28.160  Portable fire extinguishers.

* * * * *
    (c) Semi-portable extinguishers must be located in the open so as 
to be readily seen.
    (d) Table 28.160 of this section indicates the minimum required 
classification 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.
    (e) The regulations in this section have preemptive effect over 
State or local regulation within the same field.

   Table 28.160--Portable Fire Extinguishers for Vessels 65 Feet (19.8
                        Meters) or More in Length
------------------------------------------------------------------------
                                Minimum required        Quantity and
            Space                    rating               location
------------------------------------------------------------------------
Safety areas, communicating   2-A.................  1 in each main
 corridors.                                          corridor not more
                                                     than 150 ft (45.7m)
                                                     apart. (May be
                                                     located in
                                                     stairways.)
Pilothouse..................  20-B:C..............  2 in the vicinity of
                                                     the exit.
Service spaces, galleys.....  40-B:C..............  1 for each 2,500 sq
                                                     ft (232.2 sq m) or
                                                     fraction thereof
                                                     suitable for
                                                     hazards involved.
Paint lockers...............  40-B................  1 outside space in
                                                     the vicinity of the
                                                     exit.
Accessible baggage and        2-A.................  1 for each 2,500 sq
 storerooms.                                         ft (232.2 sq m) or
                                                     fraction thereof
                                                     located in the
                                                     vicinity of the
                                                     exits, either
                                                     inside or outside
                                                     the spaces
Workshops and similar spaces  2-A.................  1 outside the space
                                                     in the vicinity of
                                                     the exit.
Machinery spaces; Internal    40-B:C..............  1 for each 1,000
 combustion propelling                               brake horsepower or
 machinery.                                          fraction thereof
                                                     but not fewer than
                                                     2 or more than 6.
Electric propulsion motors    40-B:C..............  1 for each
 or generator unit of open                           propulsion motor
 type.                                               generator unit.
Auxiliary spaces............  40-B:C..............  1 outside the space
                                                     in the vicinity of
                                                     the exit.
Internal combustion           40-B:C..............  1 outside the space
 machinery.                                          in the vicinity of
                                                     the exit.
Electric emergency motors or  40-B:C..............  1 outside the space
 generators.                                         in the vicinity of
                                                     the exit.
------------------------------------------------------------------------

0
36. Amend Sec.  28.325 as follows:
0
a. In the section heading, after the words ``Fire detection'', add the 
words ``and alarm'';
0
b. In paragraph (a), remove the words ``Part 76, subpart 76.33'', and 
add, in their place, the words ``part 76'';
0
c. In paragraph (b), after the text ``must meet UL 217'', add the text 
``(incorporated by reference, see Sec.  28.40)''; and
0
d. Add paragraph (c) to read as follows:


Sec.  28.325  Fire detection and alarm systems.

* * * * *
    (c) The regulations in this section have preemptive effect over 
State or local regulation within the same field.
0
37. Amend Sec.  28.830 as follows:
0
a. Revise the section heading as follows;
0
b. In paragraph (a), after the words ``or a smoke actuated'', remove 
the words ``fire detecting'' and add, in their place, the words ``fire 
detection''; and after the words ``in accordance with'', remove the 
text ``Sec. 76.33 of this chapter'' and add, in its place, the text 
``46 CFR part 76''; and
0
c. In paragraph (b), after the words ``must meet UL 217'', add the 
words ``(incorporated by reference, see Sec.  28.40)''.
0
d. Add paragraph (c) to read as follows:


Sec.  28.830  Fire detection and alarm systems.

* * * * *
    (c) The regulations in this section have preemptive effect over 
State or local regulation within the same field.

PART 30-GENERAL PROVISIONS

0
38. The authority citation for part 30 continues to read as follows:

    Authority:  46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 
Stat. 2439; 49 U.S.C. 5103, 5106; Department of Homeland Security 
Delegation No. 0170.1; Section 30.01-2 also issued under the 
authority of 44 U.S.C. 3507; Section 30.01-05 also issued under the 
authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

0
39. Amend Sec.  30.01-1 by adding a sentence to the end of paragraph 
(a) to read as follows:


Sec.  30.01-1  Purpose of regulations.

    * * * The regulations in this subchapter (parts 30, 31, 32, 34, 35, 
36, 38 and 39) have preemptive effect over state or local regulations 
in the same fields.

PART 31--INSPECTION AND CERTIFICATION

0
40. The authority citation for part 31 continues to read as follows:


[[Page 2297]]


    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307, 
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 
1991 Comp., p. 351; Department of Homeland Security Delegation No. 
0170.1. Section 31.10-21 also issued under the authority of Sect. 
4109, Pub. L. 101-380, 104 Stat. 515.

0
41. Add new Sec.  31.01-2 to read as follows:


Sec.  31.01-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) National Fire Protection Association (NFPA), Batterymarch Park, 
Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition 
(``NFPA 10''), IBR approved for Sec.  31.10-18(a).
    (2) [Reserved]
0
42. Revise Sec.  31.10-18 to read as follows:


Sec.  31.10-18  Firefighting equipment: General--TB/ALL.

    (a) The owner, master, or person-in-charge of a tank vessel must 
ensure that portable and semi-portable extinguishers are inspected and 
maintained in accordance with NFPA 10 (incorporated by reference, see 
Sec.  31.01-2) as amended in paragraphs (a)(1) through (a)(4) of this 
section.
    (1) Certification or licensing by the state or local jurisdiction 
as a fire extinguisher servicing agency will be accepted by the Coast 
Guard as meeting the personnel certification requirements of NFPA 10 
for annual maintenance and recharging of extinguishers.
    (2) Monthly inspections required by NFPA 10 may be conducted by the 
owner, operator, person-in-charge, or a designated member of the crew.
    (3) Non-rechargeable or non-refillable extinguishers must be 
inspected and maintained in accordance with NFPA 10; however, the 
annual maintenance need not be conducted by a certified person and can 
be conducted by the owner, operator, person-in-charge, or a designated 
member of the crew.
    (4) The owner or managing operator must provide satisfactory 
evidence of the required servicing to the marine inspector. If any of 
the equipment or records have not been properly maintained, a qualified 
servicing facility must perform the required inspections, maintenance 
procedures, and hydrostatic pressure tests. A tag issued by a qualified 
servicing organization, and attached to each extinguisher, may be 
accepted as evidence that the necessary maintenance procedures have 
been conducted.
    (b) The owner, master, or person-in-charge of a tank vessel must 
ensure that the following tests and inspections of fixed fire 
extinguishing equipment are made:

     Table 31.10-18(b)--Testing of Fixed Fire Extinguishing Systems
------------------------------------------------------------------------
                Type system                             Test
------------------------------------------------------------------------
Foam......................................  Systems utilizing a soda
                                             solution must have the
                                             solution replaced. In all
                                             cases, ascertain that the
                                             powder is not caked.
Carbon dioxide............................  Weigh cylinders. Recharge if
                                             weight loss exceeds 10
                                             percent of weight of
                                             charge.\1\
------------------------------------------------------------------------
\1\ Cylinders must be tested and marked, and all flexible connections on
  fixed carbon dioxide and halon extinguishers must be tested or
  renewed, as required by Sec.  Sec.   147.60 and 147.65 of this
  chapter.

    (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 who will issue a certificate indicating 
gravity, pH, percentage of water dilution, and solid content.
    (d) At each inspection for certification, periodic inspection, and 
at such other times as considered necessary, the inspector must 
determine that all fire extinguishing equipment is in suitable 
condition and that the tests and inspections required by paragraphs (b) 
through (g) of this section have been conducted. In addition, the 
marine inspector may require additional tests to determine the 
condition of the equipment.
    (e) On all fire extinguishing systems, the piping, controls, 
valves, and alarms must be checked by the marine inspector to determine 
that the system is in good operating condition.
    (f) The fire main system must be operated and the pressure checked 
at the most remote and highest outlets by the marine inspector. All 
firehoses must be exposed to a test pressure equivalent to the maximum 
pressure to which they may be subjected, but not less than 100 psi. The 
marine inspector must check that the hose couplings are securely 
fastened in accordance with the regulations of this subchapter.
    (g) Steam smothering lines must be tested with at least 50 psi of 
air pressure or by blowing steam through the lines at the working 
pressure. A survey must be conducted for detecting corrosion and 
defects.

PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS

0
43. The authority citation for part 32 continues 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; Department of Homeland Security 
Delegation No. 0170.1; Subpart 32.59 also issued under the authority 
of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

0
44. Revise Sec.  32.56-1, paragraph (b) to read as follows:


Sec.  32.56-1  Application--T/ALL.

* * * * *
    (b) Vessels meeting the structural fire protection requirements of 
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11, may be considered 
equivalent to the provisions of this subpart.

[[Page 2298]]

PART 34--FIREFIGHTING EQUIPMENT

0
45. The authority citation for part 34 continues to read as follows:

    Authority:  46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation 
No. 0170.1.

0
46. Amend Sec.  34.01-5 as follows:
0
a. In paragraph (a), remove the word ``shall'' and add, in its place, 
the word ``must''; and
0
b. Add paragraph (b) to read as follows:


Sec.  34.01-5  Equipment installed but not required--TB/ALL.

* * * * *
    (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 (NRTL) as set forth in 29 CFR 1910.7, and 
are designed, installed, tested, and maintained in accordance with an 
appropriate industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR, subchapter 
J (Electrical Engineering), especially the hazardous location 
electrical installation regulations in 46 CFR 111.105;
    (3) Coast Guard plan review is completed for wiring plans; and
    (4) The system and units remain functional as intended. To ensure 
this, marine inspectors may test and inspect the system during routine 
inspections.
0
47. Revise Sec.  34.01-15 to read as follows:


Sec.  34.01-15  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) ASTM International (formerly American Society for Testing and 
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 
610-832-9585, http://www.astm.org.
    (1) ASTM F 1121-87 (Reapproved 1993), Standard Specification for 
International Shore Connections for Marine Fire Applications, 1987, IBR 
approved for Sec.  34.10-15.
    (2) [Reserved]
    (c) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 13, Standard for the Installation of Sprinkler Systems, 
2010 Edition (``NFPA 13''), IBR approved for Sec.  34.30-1.
    (2) [Reserved]
0
48. Revise Sec.  34.30-1 to read as follows:


Sec.  34.30-1  Application--TB/ALL.

    Automatic sprinkler systems must comply with Chapter 25 of NFPA 13 
(Incorporated by reference, see Sec.  34.01-15).
0
49. Revise Sec.  34.50-1 to read as follows:


Sec.  34.50-1  Application--TB/ALL.

    (a) The provisions of this subpart, with the exception of 
Sec. Sec.  34.50-80 and 34.50-90, must apply to all vessels contracted 
for on or after [30 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE].
    (b) Vessels contracted for prior to [30 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE] but on or after January 1, 1962, must meet 
the requirements of Sec.  34.50-80 of this subpart.
    (c) All vessels contracted for prior to January 1, 1962, must meet 
the requirements of Sec.  34.50-90 of this subpart.


Sec.  34.50-05  [Removed].

0
50. Remove Sec.  34.50-05.
0
51. Revise Sec.  34.50-10 to read as follows:


Sec.  34.50-10  Location, number, and installation of fire 
extinguishers--TB/ALL.

    (a) Approved portable and semi-portable extinguishers must be 
installed in accordance with table 34.50-10(a) of this section. The 
location of the equipment must be, in the opinion of the Officer in 
Charge, Marine Inspection, convenient in case of emergency. Where 
special circumstances exist, not covered by table 34.50-10(a) of this 
section, the Officer in Charge, Marine Inspection, may require 
additional equipment as deemed necessary for the proper protection of 
the vessel.
    (b) For additional portable extinguishers as a substitute for sand, 
see Sec.  34.55-10 of this part.
    (c) Semi-portable extinguishers must be located in the open so as 
to be readily seen.
    (d) If portable extinguishers are not located in the open or behind 
glass so that they may be readily seen they may be placed in enclosures 
together with the firehose, provided such enclosures are marked as 
required by Sec.  35.40-25 of this subchapter.
    (e) Portable extinguishers and their stations must be numbered in 
accordance with Sec.  35.40-25 of this subchapter.
    (f) Portable or semi-portable extinguishers which are required by 
their nameplates to be protected from freezing must not be located 
where freezing temperatures may be expected.
    (g) Semi-portable extinguishers must be fitted with a suitable hose 
and nozzle, or other practicable means, so that all portions of the 
space concerned can be protected.
    (h) Table 34.50-10(a) of this section indicates the minimum 
required number and type 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 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 area.

[[Page 2299]]

 
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, toilet  2-A................  1 required in the
 passageway on each deck,                             spaces, public                           vicinity of the
 conveniently located, and so                         spaces, offices,                         exit.
 that no room is more than 75 ft                      etc., and
 from an extinguisher.                                associated
                                                      lockers,
                                                      storerooms, and
                                                      pantries.
----------------------------------------------------------------------------------------------------------------
                                                  Service Areas
----------------------------------------------------------------------------------------------------------------
1 required for each 2,500 sq ft   40-B:C...........  Galleys...........  40-B:C.............  1 required,
 or fraction thereof.                                                                          suitable for the
                                                                                               hazard involved.
1 required for each 2,500 sq ft   40-A:B...........  Stores areas,       ...................  None required.
 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 brake   40-B.............  Spaces containing   ...................  None required.
 horsepower; not less than 2,                         internal
 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 12
                                                      combustion or 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 pumproom  40-B.............  Pumprooms.........  40-B...............  1 required in the
                                                                                               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
----------------------------------------------------------------------------------------------------------------
(RANGE FROM 50-10) percent of     2-A..............  ..................  2-A................  (RANGE FROM 50-10)
 required units rounded up.                                                                    percent of
                                                                                               required units
                                                                                               rounded up.
(RANGE FROM 50-10) percent of     40-B:C...........  ..................  40-B:C.............  (RANGE FROM 50-10)
 required units rounded up.                                                                    percent of
                                                                                               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 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.


[[Page 2300]]

Sec.  34.50-15  [Removed]

0
52. Remove Sec.  34.50-15.
0
53. Add Sec.  34.50-80 to read as follows:


Sec.  34.50-80  Location and number of fire extinguishers required for 
vessels constructed prior to [30 DAYS AFTER DATE OF PUBLICATION OF 
FINAL RULE] TB/ALL.

    Vessels contracted for prior to [30 DAYS AFTER DATE OF PUBLICATION 
OF FINAL RULE], must meet the following requirements:
    (a) Previously installed extinguishers with extinguishing 
capacities smaller than as required in table 34.50-10(a) 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 subpart for new vessels.

PART 50--GENERAL PROVISIONS

0
54. The authority citation for part 50 continues to read as follows:

    Authority:  43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1; Section 50.01-20 also issued under the 
authority of 44 U.S.C. 3507.

0
55. Amend Sec.  50.01-15 to add new paragraph (c) to read as follows:


Sec.  50.01-15  Scope of regulations.

* * * * *
    (c) The regulations in this subchapter (parts 50, 52, 53, 54, 56, 
57, 58, 59, and 61 through 64) have preemptive effect over state or 
local regulations in the same field.

PART 56--PIPING SYSTEMS AND APPURTENANCES

0
56. The authority citation for part 56 continues 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; Department of 
Homeland Security Delegation No. 0170.1.

0
57. Revise Sec.  56.01-2 to read as follows:


Sec.  56.01-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than that specified in this section, the Coast Guard must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American National Standards Institute (ANSI), 25 West 43rd 
Street, New York, NY 10036, 212-642-4900, http://www.ansi.org.
    (1) ANSI/ASME B1.1, 1982 Unified Inch Screw Threads (UN and UNR 
Thread Form), 1982 (``ANSI/ASME B1.1''), IBR approved for Sec. Sec.  
56.25-20 and 56.60-1.
    (2) ANSI/ASME B1.20.1-1983 Pipe Threads, General Purpose (Inch), 
1983 (``ANSI/ASME B1.20.1''), IBR approved for Sec.  56.60-1.
    (3) ANSI/ASME B1.20.3-1976 (Reaffirmed 1982) Dryseal Pipe Threads 
(Inch), 1976 (``ANSI/ASME B1.20.3''), IBR approved for Sec.  56.60-1.
    (4) ANSI/ASME B16.15-1985 [Reaffirmed 1994] Cast Bronze Threaded 
Fittings, Classes 125 and 250, 1985 (``ANSI/ASME B16.15''), IBR 
approved for Sec.  56.60-1.
    (c) American Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20005-4070, 202-682-8000, http://www.api.org.
    (1) API Standard 607, Fire Test for Soft-Seated Quarter-Turn 
Valves, Manufacturing, Distribution and Marketing Department, Fourth 
Edition, 1993 (``API 607''), IBR approved for Sec.  56.20-15.
    (2) [Reserved]
    (d) American Society of Mechanical Engineers (ASME) International, 
Three Park Avenue, New York, NY 10016-5990, 800-843-2763, http://www.asme.org.
    (1) 2001 ASME Boiler and Pressure Vessel Code, Section I, Rules for 
Construction of Power Boilers, July 1, 2001 (``Section I of the ASME 
Boiler and Pressure Vessel Code''), IBR approved for Sec. Sec.  56.15-
1, 56.15-5, 56.20-1, 56.60-1, 56.70-15, and 56.95-10.
    (2) ASME Boiler and Pressure Vessel Code, Section VIII, Division 1, 
Rules for Construction of Pressure Vessels, 1998 with 1999 and 2000 
addenda (``Section VIII of the ASME Boiler and Pressure Vessel Code''), 
IBR approved for Sec. Sec.  56.15-1, 56.15-5, 56.20-1, 56.25-5, 56.30-
10, 56.30-30, 56.60-1, 56.60-2, 56.60-15, and 56.95-10.
    (3) 1998 ASME Boiler & Pressure Vessel Code, Section IX, Welding 
and Brazing Qualifications, 1998 (``Section IX of the ASME Boiler and 
Pressure Vessel Code''), IBR approved for Sec. Sec.  56.70-5, 56.70-20, 
and 56.75-20.
    (4) ASME B16.1-1998 Cast Iron Pipe Flanges and Flanged Fittings, 
Classes 25, 125, 250 (1998) (``ASME B16.1''), IBR approved for 
Sec. Sec.  56.60-1 and 56.60-10.
    (5) ASME B16.3-1998 Malleable Iron Threaded Fittings, Classes 150 
and 300, 1998 (``ASME B16.3''), IBR approved for Sec.  56.60-1.
    (6) ASME B16.4-1998 Gray Iron Threaded Fittings, Classes 125 and 
250, 1998 (``ASME B16.4''), IBR approved for Sec.  56.60-1.
    (7) ASME B16.5-2003 Pipe Flanges and Flanged Fittings NPS 1/2 
through NPS 24 Metric/Inch Standard, 2003 (``ASME B16.5''), IBR 
approved for Sec. Sec.  56.25-20, 56.30-10, and 56.60-1.
    (8) ASME B16.9-2003 Factory-Made Wrought Steel Buttwelding 
Fittings, 2003 (``ASME B16.9''), IBR approved for Sec.  56.60-1.
    (9) ASME B16.10-2000 Face-to-Face and End-to-End Dimensions of 
Valves, 2000 (``ASME B16.10''), IBR approved for Sec.  56.60-1.
    (10) ASME B16.11-2001 Forged Fittings, Socket-Welding and Threaded, 
2001 (``ASME B16.11''), IBR approved for Sec. Sec.  56.30-5; 56.60-1.
    (11) ASME B16.14-1991 Ferrous Pipe Plugs, Bushings, and Locknuts 
with Pipe Threads, 1991 (``ASME B16.14''), IBR approved for Sec.  
56.60-1.
    (12) ASME B16.18-2001 Cast Copper Alloy Solder Joint Pressure 
Fittings, 2001 (``ASME B16.18''), IBR approved for Sec.  56.60-1.
    (13) ASME B16.20-1998 (Revision of ASME B16.20 1993), Metallic 
Gaskets for Pipe Flanges: Ring-Joint, Spiral-Wound, and Jacketed, 1998 
(``ASME B16.20''), IBR approved for Sec.  56.60-1.
    (14) ASME B16.21-2005 (Revision of ASME B16.21-1992) Nonmetallic 
Flat Gaskets for Pipe Flanges, May 31, 2005 (``ASME B16.21''), IBR 
approved for Sec.  56.60-1.
    (15) ASME B16.22-2001 (Revision of ASME B16.22-1995) Wrought Copper 
and Copper Alloy Solder Joint Pressure Fittings, Aug. 9, 2002 (``ASME 
B16.22''), IBR approved for Sec.  56.60-1.
    (16) ASME B16.23-2002 (Revision of ASME B16.23-1992) Cast Copper 
Alloy Solder Joint Drainage Fittings: DWV, Nov. 8, 2002 (``ASME 
B16.23''), IBR approved for Sec.  56.60-1.
    (17) ASME B16.24-2001 Cast Copper Alloy Pipe Flanges and Flanged 
Fittings, Class 150, 300, 400, 600, 900, 1500, and 2500, 2001 (``ASME 
B16.24''), IBR approved for Sec.  56.60-1.

[[Page 2301]]

    (18) ASME B16.25-2003 Buttwelding Ends, 2003 (``ASME B16.25''), IBR 
approved for Sec. Sec.  56.30-5, 56.60-1, and 56.70-10.
    (19) ASME B16.28-1994 Wrought Steel Buttwelding Short Radius Elbows 
and Returns, 1994 (``ASME B16.28''), IBR approved for Sec.  56.60-1.
    (20) ASME B16.29-2007 (Revision of ASME B16.29-2001), Wrought 
Copper and Wrought Copper Alloy Solder-Joint Drainage Fittings--DWV, 
Aug. 20, 2007 (``ASME B16.29''), IBR approved for Sec.  56.60-1.
    (21) ASME B16.34-1996 Valves--Flanged, Threaded, and Welding End, 
1996 (``ASME B16.34''), IBR approved for Sec. Sec.  56.20-1 and 56.60-
1.
    (22) ASME B16.42-1998 Ductile Iron Pipe Flanges and Flanged 
Fittings, Classes 150 and 300, 1998 (``ASME B16.42''), IBR approved for 
Sec.  56.60-1.
    (23) ASME B18.2.1-1996 Square and Hex Bolts and Screws (Inch 
Series), 1996 (``ASME B18.2.1''), IBR approved for Sec. Sec.  56.25-20 
and 56.60-1.
    (24) ASME/ANSI B18.2.2-1987 Square and Hex Nuts (Inch Series), 1987 
(``ASME/ANSI B18.2.2''), IBR approved for Sec. Sec.  56.25-20 and 
56.60-1.
    (25) ASME B31.1-2001 Power Piping ASME Code for Pressure Piping, 
B31, 2001 (``ASME B31.1''), IBR approved for Sec. Sec.  56.01-3, 56.01-
5, 56.07-5, 56.07-10, 56.10-1, 56.10-5, 56.15-1, 56.15-5, 56.20-1, 
56.25-7, 56.30-1, 56.30-5, 56.30-10, 56.30-20, 56.35-1, 56.50-1, 56.50-
15, 56.50-40, 56.50-65, 56.50-70, 56.50-97, 56.60-1, 56.65-1, 56.70-10, 
56.70-15, 56.80-5, 56.80-15, 56.95-1, 56.95-10, and 56.97-1.
    (26) ASME B36.10M-2004 Welded and Seamless Wrought Steel Pipe, 2004 
(``ASME B36.10M''), IBR approved for Sec. Sec.  56.07-5, 56.30-20, and 
56.60-1.
    (27) ASME B36.19M-2004 Stainless Steel Pipe, 2004 (``ASME 
B36.19M''), IBR approved for Sec. Sec.  56.07-5 and 56.60-1.
    (28) ASME SA-675, Specification for Steel Bars, Carbon, Hot-
Wrought, Special Quality, Mechanical Properties, 1998 (``ASME SA-
675''), IBR approved for Sec.  56.60-2.
    (e) ASTM International (formerly American Society for Testing and 
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 
610-832-9500, http://www.astm.org.
    (1) ASTM A 36/A 36M-97a, Standard Specification for Carbon 
Structural Steel (``ASTM A 36''), IBR approved for Sec.  56.30-10.
    (2) ASTM A 47-90, Standard Specification for Ferritic Malleable 
Iron Castings, 1995 (``ASTM A 47''), IBR approved for Sec.  56.60-1.
    (3) ASTM A 53-98, Standard Specification for Pipe, Steel, Black and 
Hot-Dipped, Zinc-Coated, Welded and Seamless (``ASTM Specification A 
53'' or ``ASTM A 53''), IBR approved for Sec.  56.10-5, 56.60-1.
    (4) ASTM A 106-95, Standard Specification for Seamless Carbon Steel 
Pipe for High-Temperature Service (``ASTM A 106''), IBR approved for 
Sec.  56.60-1.
    (5) ASTM A 126-95, Standard Specification for Gray Iron Castings 
for Valves, Flanges, and Pipe Fittings (``ASTM A 126''), IBR approved 
for Sec.  56.60-1.
    (6) ASTM A 134-96, Standard Specification for Pipe, Steel, 
Electric-Fusion (Arc)-Welded (Sizes NPS 16 and Over) (``ASTM A 134''), 
IBR approved for Sec.  56.60-1.
    (7) ASTM A 135-97c, Standard Specification for Electric-Resistance-
Welded Steel Pipe (``ASTM A 135''), IBR approved for Sec.  56.60-1.
    (8) ASTM A 139-96, Standard Specification for Electric-Fusion 
(Arc)-Welded Steel Pipe (NPS 4 and Over) (``ASTM A 139''), IBR approved 
for Sec.  56.60-1.
    (9) ASTM A 178/A 178M-95, Standard Specification for Electric-
Resistance-Welded Carbon Steel and Carbon-Manganese Steel Boiler and 
Superheater Tubes (``ASTM A 178''), IBR approved for Sec.  56.60-1.
    (10) ASTM A 179/A 179M-90a, Standard Specification for Seamless 
Cold-Drawn Low-Carbon Steel Heat-Exchanger and Condenser Tubes, 1996 
(``ASTM A 179''), IBR approved for Sec.  56.60-1.
    (11) ASTM A 182/A 182M-97c, Standard Specification for Forged or 
Rolled Alloy-Steel Pipe Flanges, Forged Fittings, and Valves and Parts 
for High-Temperature Service (``ASTM A-182''), IBR approved for Sec.  
56.50-105.
    (12) ASTM A 192/A 192M-91, Standard Specification for Seamless 
Carbon Steel Boiler Tubes for High-Pressure Service, 1996 (``ASTM A 
192''), IBR approved for Sec.  56.60-1.
    (13) ASTM A 194/A 194M-98b, Standard Specification for Carbon and 
Alloy Steel Nuts for Bolts for High Pressure or High Temperature 
Service, or Both (``ASTM A-194''), IBR approved for Sec.  56.50-105.
    (14) ASTM A 197-87, Standard Specification for Cupola Malleable 
Iron, 1992 (``ASTM A 197''), IBR approved for Sec.  56.60-1.
    (15) ASTM A 210/A 210M-96, Standard Specification for Seamless 
Medium-Carbon Steel Boiler and Superheater Tubes (``ASTM A 210''), IBR 
approved for Sec.  56.60-1.
    (16) ASTM A 213/A 213M-95a, Standard Specification for Seamless 
Ferritic and Austenitic Alloy-Steel Boiler, Superheater, and Heat-
Exchanger Tubes (``ASTM A 213''), IBR approved for Sec.  56.60-1.
    (17) ASTM A 214/A 214M-96, Standard Specification for Electric-
Resistance-Welded Carbon Steel Heat-Exchanger and Condenser Tubes 
(``ASTM A 214''), IBR approved for Sec.  56.60-1.
    (18) ASTM A 226/A 226M-95, Standard Specification for Electric-
Resistance-Welded Carbon Steel Boiler and Superheater Tubes for High-
Pressure Service (``ASTM A 226''), IBR approved for Sec.  56.60-1.
    (19) ASTM A 234/A 234M-97, Standard Specification for Piping 
Fittings of Wrought Carbon Steel and Alloy Steel for Moderate and High 
Temperature Service (``ASTM A 234''), IBR approved for Sec.  56.60-1.
    (20) ASTM A 249/A 249M-96a, Standard Specification for Welded 
Austenitic Steel Boiler, Superheater, Heat-Exchanger, and Condenser 
Tubes (``ASTM A 249''), IBR approved for Sec.  56.60-1.
    (21) ASTM A 268/A 268M-96, Standard Specification for Seamless and 
Welded Ferritic and Martensitic Stainless Steel Tubing for General 
Service (``ASTM A 268''), IBR approved for Sec.  56.60-1.
    (22) ASTM A 276-98, Standard Specification for Stainless Steel Bars 
and Shapes (``ASTM A 276''), IBR approved for Sec.  56.60-2.
    (23) ASTM A 307-97, Standard Specification for Carbon Steel Bolts 
and Studs, 60,000 PSI Tensile Strength (``ASTM A 307''), IBR approved 
for Sec.  56.25-20.
    (24) ASTM A 312/A 312M-95a, Standard Specification for Seamless and 
Welded Austenitic Stainless Steel Pipes (``ASTM A-312'' or ``ASTM A 
312''), IBR approved for Sec. Sec.  56.50-105 and 56.60-1.
    (25) ASTM A 320/A 320M-97, Standard Specification for Alloy/Steel 
Bolting Materials for Low-Temperature Service (``ASTM A-320''), IBR 
approved for Sec.  56.50-105.
    (26) ASTM A 333/A 333M-94, Standard Specification for Seamless and 
Welded Steel Pipe for Low-Temperature Service (``ASTM A-333'' or ``ASTM 
A 333''), IBR approved for Sec. Sec.  56.50-105 and 56.60-1.
    (27) ASTM A 334/A 334M-96, Standard Specification for Seamless and 
Welded Carbon and Alloy-Steel Tubes for Low-Temperature Service (``ASTM 
A-334'' or ``ASTM A 334''), IBR approved for Sec. Sec.  56.50-105 and 
56.60-1.
    (28) ASTM A 335/A 335M-95a, Standard Specification for Seamless 
Ferritic Alloy-Steel Pipe for High-

[[Page 2302]]

Temperature Service (``ASTM A 335''), IBR approved for Sec.  56.60-1.
    (29) ASTM A 350/A 350M-97, Standard Specification for Carbon and 
Low-Alloy Steel Forgings, Requiring Notch Toughness Testing for Piping 
Components (``ASTM A-350''), IBR approved for Sec.  56.50-105.
    (30) ASTM A 351/A 351M-94a, Standard Specification for Castings, 
Austenitic, Austenitic-Ferritic (Duplex), for Pressure-Containing Parts 
(``ASTM A-351''), IBR approved for Sec.  56.50-105.
    (31) ASTM A 352/A 352M-93, Standard Specification for Steel 
Castings, Ferritic and Martensitic, for Pressure-Containing Parts, 
Suitable for Low-Temperature Service, 1998 (``ASTM A-352''), IBR 
approved for Sec.  56.50-105.
    (32) ASTM A 358/A 358M-95a, Standard Specification for Electric-
Fusion-Welded Austenitic Chromium-Nickel Alloy Steel Pipe for High-
Temperature Service (``ASTM A 358''), IBR approved for Sec.  56.60-1.
    (33) ASTM A 369/A 369M-92, Standard Specification for Carbon and 
Ferritic Alloy Steel Forged and Bored Pipe for High-Temperature Service 
(``ASTM A 369''), IBR approved for Sec.  56.60-1.
    (34) ASTM A 376/A 376M-96, Standard Specification for Seamless 
Austenitic Steel Pipe for High-Temperature Central-Station Service 
(``ASTM A 376''), IBR approved for Sec. Sec.  56.60-1 and 56.60-2.
    (35) ASTM A 395/A 395M-98, Standard Specification for Ferritic 
Ductile Iron Pressure-Retaining Castings for Use at Elevated 
Temperatures (``ASTM A 395''), IBR approved for Sec. Sec.  56.50-60, 
56.60-1, and 56.60-15.
    (36) ASTM A 403/A 403M-98, Standard Specification for Wrought 
Austenitic Stainless Steel Piping Fittings (``ASTM A 403''), IBR 
approved for Sec.  56.60-1.
    (37) ASTM A 420/A 420M-96a, Standard Specification for Piping 
Fittings of Wrought Carbon Steel and Alloy Steel for Low-Temperature 
Service (``ASTM A-420'' or ``ASTM A 420''), IBR approved for Sec. Sec.  
56.50-105 and 56.60-1.
    (38) ASTM A 520-97, Standard Specification for Supplementary 
Requirements for Seamless and Electric-Resistance-Welded Carbon Steel 
Tubular Products for High-Temperature Service Conforming to ISO 
Recommendations for Boiler Construction (``ASTM A 520''), IBR approved 
for Sec.  56.60-1.
    (39) ASTM A 522/A 522M-95b, Standard Specification for Forged or 
Rolled 8 and 9% Nickel Alloy Steel Flanges, Fittings, Valves, and Parts 
for Low-Temperature Service (``ASTM A-522''), IBR approved for Sec.  
56.50-105.
    (40) ASTM A 536-84, Standard Specification for Ductile Iron 
Castings, 1993 (``ASTM A 536''), IBR approved for Sec.  56.60-1.
    (41) ASTM A 575-96, Standard Specification for Steel Bars, Carbon, 
Merchant Quality, M-Grades (``ASTM A 575''), IBR approved for Sec.  
56.60-2.
    (42) ASTM A 576-90b, Standard Specification for Steel Bars, Carbon, 
Hot-Wrought, Special Quality, 1995 (``ASTM A 576''), IBR approved for 
Sec.  56.60-2.
    (43) ASTM B 16-92, Standard Specification for Free-Cutting Brass 
Rod, Bar, and Shapes for Use in Screw Machines (``ASTM B 16''), IBR 
approved for Sec.  56.60-2.
    (44) ASTM B 21-96, Standard Specification for Naval Brass Rod, Bar, 
and Shapes (``ASTM B 21''), IBR approved for Sec.  56.60-2.
    (45) ASTM B 26/B 26M-97, Standard Specification for Aluminum-Alloy 
Sand Castings (``ASTM B 26''), IBR approved for Sec.  56.60-2.
    (46) ASTM B 42-96, Standard Specification for Seamless Copper Pipe, 
Standard Sizes (``ASTM B 42''), IBR approved for Sec.  56.60-1.
    (47) ASTM B 43-96, Standard Specification for Seamless Red Brass 
Pipe, Standard Sizes (``ASTM B 43''), IBR approved for Sec.  56.60-1.
    (48) ASTM B 68-95, Standard Specification for Seamless Copper Tube, 
Bright Annealed (``ASTM B 68''), IBR approved for Sec.  56.60-1.
    (49) ASTM B 75-97, Standard Specification for Seamless Copper Tube 
(``ASTM B 75''), IBR approved for Sec.  56.60-1.
    (50) ASTM B 85-96, Standard Specification for Aluminum-Alloy Die 
Castings (``ASTM B 85''), IBR approved for Sec.  56.60-2.
    (51) ASTM B 88-96, Standard Specification for Seamless Copper Water 
Tube (``ASTM B 88''), IBR approved for Sec.  56.60-1.
    (52) ASTM B 96-93, Standard Specification for Copper-Silicon Alloy 
Plate, Sheet, Strip, and Rolled Bar for General Purposes and Pressure 
Vessels (``ASTM B 96''), IBR approved for Sec.  56.60-2.
    (53) ASTM B 111-95, Standard Specification for Copper and Copper-
Alloy Seamless Condenser Tubes and Ferrule Stock (``ASTM B 111''), IBR 
approved for Sec.  56.60-1.
    (54) ASTM B 124-96, Standard Specification for Copper and Copper 
Alloy Forging Rod, Bar, and Shapes (``ASTM B 124''), IBR approved for 
Sec.  56.60-2.
    (55) ASTM B 134-96, Standard Specification for Pipe, Steel, 
Electric-Fusion (Arc)-Welded (Sizes NPS 16 and Over) (``ASTM B 134''), 
IBR approved for Sec.  56.60-1.
    (56) ASTM B 161-93, Standard Specification for Nickel Seamless Pipe 
and Tube (``ASTM B 161''), IBR approved for Sec.  56.60-1.
    (57) ASTM B 165-93, Standard Specification of Nickel-Copper Alloy 
(UNS NO4400) Seamless Pipe and Tube (``ASTM B 165''), IBR approved for 
Sec.  56.60-1.
    (58) ASTM B 167-97a, Standard Specification for Nickel-Chromium-
Iron Alloys (UNS NO6600, NO6601, NO6603, NO6690, NO6025, and NO6045) 
Seamless Pipe and Tube (``ASTM B 167''), IBR approved for Sec.  56.60-
1.
    (59) ASTM B 171-95, Standard Specification for Copper-Alloy Plate 
and Sheet for Pressure Vessels, Condensers, and Heat Exchangers (``ASTM 
B 171''), IBR approved for Sec.  56.60-2.
    (60) ASTM B 210-95, Standard Specification for Aluminum and 
Aluminum-Alloy Drawn Seamless Tubes (``ASTM B 210''), IBR approved for 
Sec.  56.60-1.
    (61) ASTM B 234-95, Standard Specification for Aluminum and 
Aluminum-Alloy Drawn Seamless Tubes for Condensers and Heat Exchangers 
(``ASTM B 234''), IBR approved for Sec.  56.60-1.
    (62) ASTM B 241/B 241M-96, Standard Specification for Aluminum and 
Aluminum-Alloy Seamless Pipe and Seamless Extruded Tube (``ASTM B 
241''), IBR approved for Sec.  56.60-1.
    (63) ASTM B 280-97, Standard Specification for Seamless Copper Tube 
for Air Conditioning and Refrigeration Field Service (``ASTM B 280''), 
IBR approved for Sec.  56.60-1.
    (64) ASTM B 283-96, Standard Specification for Copper and Copper-
Alloy Die Forgings (Hot-Pressed) (``ASTM B 283''), IBR approved for 
Sec.  56.60-2.
    (65) ASTM B 315-93, Standard Specification for Seamless Copper 
Alloy Pipe and Tube (``ASTM B 315''), IBR approved for Sec.  56.60-1.
    (66) ASTM B 361-95, Standard Specification for Factory-Made Wrought 
Aluminum and Aluminum-Alloy Welding Fittings (``ASTM B 361''), IBR 
approved for Sec.  56.60-1.
    (67) ASTM B 858M-95, Standard Test Method for Determination of 
Susceptibility to Stress Corrosion Cracking in Copper Alloys Using an 
Ammonia Vapor Test (``ASTM B 858M''), IBR approved for Sec.  56.60-2.
    (68) ASTM D 635-97, Standard Test Method for Rate of Burning and/or 
Extent and Time of Burning of Plastics

[[Page 2303]]

in a Horizontal Position(``ASTM D 635''), IBR approved for Sec.  56.60-
25.
    (69) ASTM D 1785-96b, Standard Specification for Poly (Vinyl 
Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120. (``ASTM D 
1785''), IBR approved for Sec.  56.60-25.
    (70) ASTM D 2241-96b, Standard Specification for Poly (Vinyl 
Chloride) (PVC) Pressure-Rated Pipe (SDR Series) (``ASTM D 2241''), IBR 
approved for Sec.  56.60-25.
    (71) ASTM D 2464-96a, Standard Specification for Threaded Poly 
(Vinyl Chloride) (PVC) Plastic Pipe Fittings Schedule 80 (``ASTM D 
2464''), IBR approved for Sec.  56.60-25.
    (72) ASTM D 2466-97, Standard Specification for Poly (Vinyl 
Chloride) (PVC) Plastic Pipe Fittings, Schedule 40 (``ASTM D 2466''), 
IBR approved for Sec.  56.60-25.
    (73) ASTM D 2467-96a, Standard Specification for Poly (Vinyl 
Chloride) (PVC) Plastic Pipe Fittings, Schedule 80 (ASTM D 2467''), IBR 
approved for Sec.  56.60-25.
    (74) ASTM D 2665-97b, Standard Specification for Poly (Vinyl 
Chloride) (PVC) Plastic Drain, Waste, and Vent Pipe and Fittings 
(``ASTM D 2665''), IBR approved for Sec.  56.60-25.
    (75) ASTM D 2863-95, Standard Test Method for Measuring the Minimum 
Oxygen Concentration to Support Candle-like Combustion of Plastics 
(Oxygen Index) (``ASTM D 2863''), IBR approved for Sec.  56.60-25.
    (76) ASTM E 23-96, Standard Test Methods for Notched Bar Impact 
Testing of Metallic Materials (``ASTM E 23''), IBR approved for Sec.  
56.50-105.
    (77) ASTM F 682-82a, Standard Specification for Wrought Carbon 
Steel Sleeve-Type Pipe Couplings, 1993 (``ASTM F 682''), IBR approved 
for Sec.  56.60-1.
    (78) ASTM F 1006-86, Standard Specification for Entrainment 
Separators for Use in Marine Piping Applications, 1992 (``ASTM F 
1006''), IBR approved for Sec.  56.60-1.
    (79) ASTM F 1007-86, Standard Specification for Pipe-Line Expansion 
Joints of the Packed Slip Type for Marine Application, 1996 (``ASTM F 
1007''), IBR approved for Sec.  56.60-1.
    (80) ASTM F 1020-86, Standard Specification for Line-Blind Valves 
for Marine Applications, 1996 (``ASTM F 1020''), IBR approved for Sec.  
56.60-1.
    (81) ASTM F 1120-87, Standard Specification for Circular Metallic 
Bellows Type Expansion Joints for Piping Applications, 1993 (``ASTM F 
1120''), IBR approved for Sec.  56.60-1.
    (82) ASTM F 1123-87, Standard Specification for Non-Metallic 
Expansion Joints, 1993 (``ASTM F 1123''), IBR approved for Sec.  56.60-
1.
    (83) ASTM F 1139-88, Standard Specification for Steam Traps and 
Drains, 1993 (``ASTM F 1139''), IBR approved for Sec.  56.60-1.
    (84) ASTM F 1172-88, Standard Specification for Fuel Oil Meters of 
the Volumetric Positive Displacement Type, 1993 (``ASTM F 1172''), IBR 
approved for Sec.  56.60-1.
    (85) ASTM F 1173-95, Standard Specification for Thermosetting Resin 
Fiberglass Pipe and Fittings to be Used for Marine Applications (``ASTM 
F 1173''), IBR approved for Sec.  56.60-1.
    (86) ASTM F 1199-88, Standard Specification for Cast (All 
Temperature and Pressures) and Welded Pipe Line Strainers, 1993 (150 
psig and 150 Degrees F Maximum) (``ASTM F 1199''), IBR approved for 
Sec.  56.60-1.
    (87) ASTM F 1200-88, Standard Specification for Fabricated (Welded) 
Pipe Line Strainers, 1993 (Above 150 psig and 150 Degrees F) (``ASTM F 
1200''), IBR approved for Sec.  56.60-1.
    (88) ASTM F 1201-88, Standard Specification for Fluid Conditioner 
Fittings in Piping Applications above 0 Degrees F, 1993 (``ASTM F 
1201''), IBR approved for Sec.  56.60-1.
    (89) ASTM F 1387-93, Standard Specification for Performance of 
Mechanically Attached Fittings (``ASTM F 1387''), IBR approved for 
Sec.  56.30-25.
    (90) ASTM F 1476-95a, Standard Specification for Performance of 
Gasketed Mechanical Couplings for Use in Piping Applications (``ASTM F 
1476''), IBR approved for Sec.  56.30-35.
    (91) ASTM F 1548-94, Standard Specification for the Performance of 
Fittings for Use with Gasketed Mechanical Couplings, Used in Piping 
Applications (``ASTM F 1548''), IBR approved for Sec.  56.30-35.
    (f) Expansion Joint Manufacturers Association Inc. (EJMA), 25 North 
Broadway, Tarrytown, NY 10591, http://www.ejma.org.
    (1) Standards of the Expansion Joint Manufacturers Association, 
1980, IBR approved for Sec.  56.60-1.
    (2) [Reserved]
    (g) Fluid Controls Institute Inc. (FCI), 31 South Street, Suite 
303, Morristown, NJ 07960, 216-241-7333, http://www.fluidcontrolsinstitute.org.
    (1) FCI 69-1, Pressure Rating Standard for Steam Traps, IBR 
approved for Sec.  56.60-1.
    (2) [Reserved]
    (h) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London, SE1 7SR United Kingdom, +44 (0)20 
7735 7611, www.imo.org.
    (1) Resolution A.753(18), Guidelines for the Application of Plastic 
Pipes on Ships, as amended by IMO Resolution MSC.313(88) (``Resolution 
A. 753(18)''), IBR approved for Sec.  56.60-25(a).
    (2) [Reserved]
    (i) International Organization for Standardization (ISO), Case 
Postal 56, CH-1211 Geneva 20 Switzerland, +41 22 749 01 11, http://www.iso.org.
    (1) ISO 15540 Ships and Marine Technology-Fire Resistance of Hose 
Assemblies-Test Methods, First Edition, Aug. 1, 1999, IBR approved for 
Sec.  56.60-25.
    (2) [Reserved]
    (j) Instrument Society of America (ISA), 67 Alexander Drive, 
Research Triangle Park, NC 27709, 919-549-8411, http://www.isa.org.
    (1) ISA-S75.02, 1996, IBR approved for Sec.  56.20-15.
    (2) [Reserved]
    (k) Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS), 127 Park Street NE., Vienna, VA 22180, 703-281-
6613, http://mss-hq.org.
    (1) SP-6-2001, Standard Finishes for Contact Faces of Pipe Flanges 
and Connecting-End Flanges of Valves and Fittings, 2001, IBR approved 
for Sec. Sec.  56.25-10 and 56.60-1.
    (2) SP-9-2001, Spot Facing for Bronze, Iron and Steel Flanges, 
2001, IBR approved for Sec.  56.60-1.
    (3) SP-25-1998, Standard Marking System for Valves, Fittings, 
Flanges and Unions, 1998, IBR approved for Sec. Sec.  56.15-1, 56.20-5, 
and 56.60-1.
    (4) SP-44-1996, Steel Pipe Line Flanges, Reaffirmed 2001, IBR 
approved for Sec.  56.60-1.
    (5) SP-45-2003, Bypass and Drain Connections, 2003, 56.20-20; IBR 
approved for Sec.  56.60-1.
    (6) SP-51-2003, Class 150LW Corrosion Resistant Cast Flanges and 
Flanged Fittings, 2003, IBR approved for Sec.  56.60-1.
    (7) SP-53-95, Quality Standard for Steel Castings and Forgings for 
Valves, Flanges and Fittings and Other Piping Components-Magnetic 
Particle Examination Method, 1995, IBR approved for Sec.  56.60-1.
    (8) SP-55-2001, Quality Standard for Steel Castings for Valves, 
Flanges and Fittings and Other Piping Components-Visual Method, 2001, 
IBR approved for Sec.  56.60-1.
    (9) SP-58, Pipe Hangers and Supports-Materials, Design and 
Manufacture, 1993, IBR approved for Sec.  56.60-1.
    (10) SP-61-2003, Pressure Testing of Steel Valves, 2003, IBR 
approved for Sec.  56.60-1.
    (11) SP-67, Butterfly Valves, 1995, IBR approved for Sec.  56.60-1.

[[Page 2304]]

    (12) SP-69, Pipe Hangers and Supports-Selection and Application, 
1996, IBR approved for Sec.  56.60-1.
    (13) SP-72, Ball Valves with Flanged or Butt-Welding Ends for 
General Service, 1987, IBR approved for Sec.  56.60-1.
    (14) SP-73 (R 96), Brazing Joints for Copper and Copper Pressure 
Fittings, 1991, IBR approved for Sec.  56.60-1.
    (15) SP-83, Class 3000 Steel Pipe Unions, Socket Welding and 
Threaded, 1995, IBR approved for Sec.  56.60-1.
    (l) Society of Automotive Engineers (SAE), 400 Commonwealth Drive, 
Warrendale, PA 15096, 724-776-4841, http://www.sae.org.
    (1) J1475 (1996), Surface Vehicle Hydraulic Hose Fittings for 
Marine Applications, June 1996, IBR approved for Sec.  56.60-25(b).
    (2) J1942 (1997), Standards Hose and Hose Assemblies for Marine 
Applications, May 1997, IBR approved for Sec.  56.60-25.
0
58. Amend Sec.  56.60-25 as follows:
0
a. Revise paragraph (a) to read as follows;
0
b. In paragraphs (b)(1) and (b)(6), remove the words ``(incorporated by 
reference; see 46 CFR 56.01-2)'' and add, in their place, the words 
``(incorporated by reference, see Sec.  56.01-2 of this part)'';
0
c. Revise paragraph (b)(5) to read as follows; and
0
d. In paragraphs (c) and (d), remove the word ``shall'' and add, in its 
place, the word ``must''.


Sec.  56.60-25  Non-metallic materials.

    (a) Plastic pipe installations must be in accordance with IMO 
Resolution A.753(18) (incorporated by reference, see Sec.  56.01-2) and 
the following supplemental requirements.
    (1) Plastic pipe and associated fittings must be approved to 
approval series 164.141 as follows:
    (i) All piping, except pipe used on open decks, in cofferdams, void 
spaces, or ducts, must meet the flame spread requirements of Appendix 3 
of IMO Resolution A.753(18).
    (ii) Where fire endurance is required in Appendix 4 of IMO 
Resolution A.753(18) the pipe must, at a minimum, be approved as 
meeting the fire endurance level required in Appendix 4. Ratings of 
``0'' in Appendix 4 indicate that no fire endurance test is required. 
Ratings of ``N/A'' or ``X'' indicate that plastic pipe is not 
permitted.
    (iii) Piping in accommodation, service and control spaces must be 
approved for use in those spaces.
    (2) Plastic pipe that has not been approved for use in 
accommodation, service and control spaces is permitted in a concealed 
space in an accommodation, service or control space, such as behind 
ceilings or linings or between double bulkheads if--
    (i) The piping is enclosed in a trunk or duct constructed of ``A'' 
class divisions; or
    (ii) An approved smoke detection system is fitted in the concealed 
space and each penetration of a bulkhead or deck and each installation 
of a draft stop is made in accordance with IMO Resolution A.753(18) to 
maintain the integrity of fire divisions.
    (3) Requests for the use of plastic pipe for non-vital systems, as 
defined in 46 CFR 56.07-5, containing non-flammable or non-combustible 
liquids in locations that do not require fire endurance testing, as 
indicated in Appendix 4 of IMO Resolution A.753(18), must be submitted 
to the Marine Safety Center for review. The proposed piping must meet 
the following requirements:
    (i) The length of pipe must be 30 inches or less;
    (ii) The pipe must be contained within the space and does not 
penetrate any bulkhead, overhead or deck; and
    (iii) Material specifications must be provided with the 
installation proposal.
    (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.
    (5) Systems identified by 46 CFR 56.97-40(a)(1) through 46 CFR 
56.97-40(c) that contain plastic piping must be tested to 1.5 MAWP as 
required by 46 CFR 56.97-40(a).
    (6) Plastic pipe used outboard of the required metallic shell valve 
in any piping system penetrating the vessel's shell (see Sec.  56.50-
95(f) of this part) must have the same fire endurance as the metallic 
shell valve. Where the shell valve and the plastic pipe are in the same 
unmanned space, the valve must be operable from above the freeboard 
deck.
    (7) Pipe that is to be used for potable water must bear the NSF 
Mark of the National Sanitation Foundation International.
    (8) Plastic pipe must also comply with appropriate requirements for 
specific uses and arrangements of pipe given elsewhere in this part.
    (b) * * *
    (5) Nonmetallic flexible hose must have factory-assembled end 
fittings requiring no further adjustment or field attachable fittings. 
Hose end fittings must comply with SAE J1475 (incorporated by 
reference, see Sec.  56.01-2). Field attachable fittings must be 
installed following the manufacturer's recommended practice. If special 
equipment is required, such as crimping machines, it must be of the 
type and design specified by the manufacturer. A hydrostatic test of 
each hose assembly must be conducted in accordance with Sec.  56.97-5 
of this part.
* * * * *

PART 70--GENERAL PROVISIONS

0
59. The authority citation for part 70 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1; Section 70.01-15 also issued under the authority of 44 
U.S.C. 3507.


Sec.  70.01-1  [Amended]

0
60. Amend to add, at the end of Sec.  70.01-1, the sentence ``The 
regulations in this subchapter (parts 70, 71, 72, 76, 77, 78, and 80) 
have preemptive effect over State or local regulations in the same 
field.''

PART 71--INSPECTION AND CERTIFICATION

0
61. The authority citation for part 71 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 
FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security 
Delegation No. 0170.1.

0
62. Add new Sec.  71.25-3 to read as follows:


Sec.  71.25-3  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, the Coast Guard must publish 
notice of change in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

[[Page 2305]]

    (b) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition 
(``NFPA 10''), IBR approved for Sec.  71.25-20(a).
    (2) [Reserved]
0
63. Amend Sec.  71.25-20 as follows:
0
a. Revise section heading, paragraphs (a) introductory text and (a)(1) 
to read as follows;
0
b. Remove Table 71.25-20(a)(1);
0
c. In paragraphs (a)(2) and (a)(4), remove the word ``shall'' wherever 
it appears and add, in its place, the word ``must'';
0
d. In Table 71.25-20(a)(2), remove the word ``shall'' wherever it 
appears and add, in its place, the word ``must'';
0
e. In paragraph (a)(3), remove the word ``detecting'' wherever it 
appears and add, in its place, the word ``detection''; and remove the 
word ``shall'' wherever it appears and add, in its place, the word 
``must''; and
0
f. In paragraph (a)(4), remove the words ``fire hose'' and add, in 
their place, the word ``firehose''.


Sec.  71.25-20  Fire detection and extinguishing equipment.

    (a) At each annual inspection, the inspector must ensure that the 
following tests and inspections of fire detection and extinguishing 
equipment have been conducted:
    (1) All portable fire extinguishers and semi-portable fire 
extinguishing systems must be maintained in accordance with NFPA 10, 
chapter 7 (incorporated by reference, see Sec.  71.25-3). Chapter 7 
requires persons performing annual and periodic maintenance, and 
recharging to be certified. The Coast Guard requires that the servicing 
persons be properly licensed to perform fire extinguisher maintenance 
as required by local authorities having jurisdiction. Monthly 
inspections required by NFPA 10 may be conducted by members of the 
crew.
* * * * *

PART 72--CONSTRUCTION AND ARRANGEMENT

0
64. The authority citation for part 72 continues to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.
0
65. Revise Sec.  72.05-1 to read as follows:


Sec.  72.05-1  Application.

    (a) The provisions of this subpart apply to the following vessels:
    (1) All vessels of 100 gross tons or more.
    (2) All vessels with overnight accommodations for more than 150 
passengers.
    (3) All vessels on an international voyage.
    (b) The provisions of this subpart, with the exception of Sec.  
72.05-90 of this subpart, apply to all vessels noted in paragraph (a) 
of this section contracted for on or after May 26, 1965. Such vessels 
contracted for prior to May 26, 1965, must meet the requirements of 
Sec.  72.05-90 of this subpart.
    (c) Vessels meeting the structural fire protection requirements of 
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11, when combined with 
the stair requirements in Sec.  72.05-20 may be considered equivalent 
to the provisions of this subpart. (d) Vessels regulated under 
subchapter K of this chapter which carry more than 600 passengers or 
with overnight accommodations for more than 49 passengers must also 
meet the requirements for stairways, ladders and elevators in Sec.  
72.05-20 of this subpart (see 46 CFR 116.438(a)).

PART 76--FIRE PROTECTION EQUIPMENT

0
66. The authority citation for part 76 continues to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.
0
67. Revise Sec.  76.01-2 to read as follows:


Sec.  76.01-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) ASTM International (formerly American Society for Testing and 
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 
610-832-9500, http://www.astm.org.
    (1) ASTM F 1121-87 (1993), Standard Specification for International 
Shore Connections for Marine Fire Applications, IBR approved for Sec.  
76.10-10(c).
    (2) [Reserved]
    (c) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) International Convention for the Safety of Life at Sea (SOLAS), 
Consolidated Text of the International Convention for the Safety of 
Life at Sea, 1974, and its Protocol of 1988: Article, Annexes and 
Certificates. (Incorporating all Amendments in Effect from 1 July 2009) 
(SOLAS), IBR approved for Sec. Sec.  76.27-1(b) and 76.27-70(a).
    (2) International Code for Fire Safety Systems (FSS Code), 2007 
Edition IBR approved for Sec. Sec.  76.27-1(b) and 76.27-70(a).
    (3) IMO Resolution A.1021(26), Code on Alarms and Indicators, IBR 
approved for Sec.  76.27-70(j).
    (d) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 13, Standard for the Installation of Sprinkler Systems, 
2010 Edition, (``NFPA 13''), IBR approved for Sec. Sec.  76.25-1 and 
76.25-90.
    (2) [Reserved]
    (e) Navy Publications and Forms Center, Customer Service Code 1052, 
5801 Tabor Ave., Philadelphia, PA 19120.
    (1) Federal Specification ZZ-H-451G, Hose, Fire, Woven-Jacketed 
Rubber or Fabric-Lined, with Couplings, IBR approved for Sec.  76.10-
10(n).
    (2) [Reserved]
    (f) Underwriters Laboratories Inc. (UL), 333 Pfingsten Road 
Northbrook, IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 19 Standard for Lined Fire Hose and Hose Assemblies (UL 19), 
IBR approved for Sec.  76.10-10(n).
    (2) [Reserved]
0
68. Revise Sec.  76.01-5 to read as follows:


Sec.  76.01-5  Equipment installed but not required.

    (a) Where extinguishing systems or equipment are not required, but 
are installed, the system or equipment and its installation must meet 
the requirements of this part.
    (b) Use of non-approved fire detection systems may be acceptable as 
excess equipment provided that:

[[Page 2306]]

    (1) Components are listed by a nationally recognized testing 
laboratory (NRTL) as that term is defined in 46 CFR 161.002-2, and are 
designed, installed, tested, and maintained in accordance with an 
appropriate industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR, subchapter 
J (Electrical Engineering), especially the hazardous location 
electrical installation regulations in 46 CFR 111.105;
    (3) Coast Guard plan review is completed for wiring plans; and
    (4) The system and units remain functional as intended. To ensure 
this, marine inspectors may test and inspect the system during routine 
inspections.
0
69. Revise Sec.  76.05-1 to read as follows:


Sec.  76.05-1  Fire detection and alarm systems.

    (a) Approved fire detection and alarm systems must be installed on 
the following vessels as set forth in Sec.  76.27 of this part:
    (1) Any vessel on an international voyage.
    (2) Any vessel of more than 150 feet in length having sleeping 
accommodations for passengers.
    (3) Any vessel of 150 feet or less in length, not on an 
international voyage, having sleeping accommodations for 50 or more 
passengers. Vessels in this category are not required to have a fire 
detection system in the cargo spaces.
    (b) The arrangements and details of the fire detection systems must 
be as set forth in subparts 76.25 and 76.33 of this part.
0
70. Revise Sec.  76.05-5 to read as follows:


Sec.  76.05-5  Manual alarm system.

    (a) An approved manual alarm system must be installed in all 
vessels as set forth in Sec.  76.27 of this part.


Sec.  76.05-10  [Amended]

0
71. In Sec.  76.05-10(a), remove the word ``shall'' and add, in its 
place, the word ``must''.
0
72. Revise Sec.  76.05-20 to read as follows:


Sec.  76.05-20  Fixed fire extinguishing systems.

    Approved fire extinguishing systems must be installed, as required 
by table 76.05-20 on all self-propelled vessels and on all barges with 
sleeping accommodations for more than six persons. Previously approved 
installations may be retained as long as they are maintained in good 
condition to the satisfaction of the Officer in Charge, Marine 
Inspection.

          Table 76.05-20--Required Fixed Extinguishing Systems
------------------------------------------------------------------------
                    Space
----------------------------------------------    Fixed extinguishing
                 Safety areas                           systems
------------------------------------------------------------------------
Wheelhouse or fire-control room..............  None required.\1\
Stairway and elevator enclosures.............  None required.\1\
Communication corridors......................  None required.\1\
Lifeboat embarkation and lowering stations...  None required.
Radio room...................................  None required.\1\
------------------------------------------------------------------------
                             Accommodations
------------------------------------------------------------------------
Staterooms, toilet spaces, isolated pantries,  None required.\1\
 etc.
Offices, lockers, and isolated storerooms....  None required.\1\
Public spaces................................  None required.\1\
Open decks or enclosed promenades............  None required.
------------------------------------------------------------------------
                             Service spaces
------------------------------------------------------------------------
Galleys......................................  None required.\1\
Main pantries................................  None required.\1\
Motion picture booths and film lockers.......  None required.1, 2
Paint and lamp rooms.........................  Carbon dioxide.\3\
Inaccessible baggage, mail, and specie rooms   Carbon dioxide.\3\
 and storerooms.
Accessible baggage, mail, and specie rooms     None required.\1\
 and storerooms.
Refrigerated storerooms......................  None required.
Carpenter, valet, photographic, and printing   None required.\1\
 shops, sales rooms, etc.
------------------------------------------------------------------------
                            Machinery spaces
------------------------------------------------------------------------
Coal fired boilers: Bunker and boiler space..  None required.\1\
Oil fired boilers: Spaces containing oil       Carbon dioxide or
 fired boilers either main or auxiliary,        foam.\4\
 their fuel oil service pumps, and/or such
 other fuel oil units as the heaters,
 strainers, valves, manifolds, etc., that are
 subject to the discharge pressure of the
 fuel oil service pumps, together with
 adjacent spaces to which oil can drain.
Internal combustion or gas turbine propelling  Carbon dioxide.\5\
 machinery spaces.
Electric propulsive motors or generators of    None required.
 open type.
Enclosed ventilating systems for motors and    Carbon dioxide (in
 generators of electric propelling machinery.   ventilating system).\7\
Auxiliary spaces, internal combustion or gas   Carbon dioxide.\7\
 turbine.
Auxiliary spaces, electric motors or           None required.
 generators..
Auxiliary spaces, steam......................  None required.
Trunks to machinery spaces...................  None required.
Fuel tanks...................................  None required.\8\
------------------------------------------------------------------------
                              Cargo spaces
------------------------------------------------------------------------
Inaccessible during voyage (combustible        Carbon dioxide.\3\
 cargo), including trunks (excluding tanks).
Accessible during voyage (combustible cargo).  Automatic or manual
                                                sprinkler system.

[[Page 2307]]

 
Vehicular deck (except where no overhead deck  Manual sprinkler.
 is 30 feet in length or less).
Cargo oil tanks..............................  Carbon dioxide or
                                                foam.\3\
Specially suitable for vehicles..............  Carbon dioxide, automatic
                                                or manual sprinkler
                                                system.
------------------------------------------------------------------------
\1\ Vessels of 100 GT or more contracted for on or before May 27, 1936,
  and having combustible joiner work must be fitted with an automatic
  sprinkler system, except in relatively incombustible spaces.
\2\ Sprinkler heads may be attached to a potable water system provided
  electrical or pneumatic detecting is installed.
\3\ On vessels contracted for prior to January 1, 1962, a steam
  smothering system may be accepted. However, although existing steam
  smothering systems may be repaired, replaced, or extended, no new
  system contracted for on or after January 1, 1962, will be permitted.
\4\ Protection of auxiliary boilers, fuel oil units, valves, and
  manifolds not required on vessels contracted for prior to November 19,
  1952.
\5\ Not required on vessels of less than 300 GT (except on an
  international voyage) using fuel with a flashpoint higher than
  110[emsp14][deg]F, where the space is normally manned.
\6\ Not required on vessels contracted for prior to November 19, 1952.
\7\ Not required on vessels of less than 300 GT or on vessels contracted
  for prior to November 19, 1952, except where fuel, including starting
  fuel, has a flashpoint of 110[emsp14][deg]F or less.
\8\ Where fuel having a flashpoint of 110[emsp14][deg]F or lower is used
  the space containing the fuel tanks must be protected by a carbon
  dioxide system.

Sec.  76.10-5  [Amended]

0
73. Amend Sec.  76.10-5 as follows:
0
a. In paragraph (a), remove the word ``shall'' and add, in its place, 
the word ``must''; and
    b. In table 76.10-5(a), footnote 1, remove the words ``75 feet of 
1\1/2\-inch hose and 5/8-inch nozzles may be used where specified'' and 
add, in their place, the words ``Except as allowed''.
0
74. Revise Sec.  76.10-10 to read as follows:


Sec.  76.10-10  Fire station hydrants, hose and nozzles-T/ALL.

    (a) The size of fire hydrants, hoses, and nozzles, and the length 
of hose required, must be as noted in table 76.10-5(a) of this subpart.
    (b) On vessels of more than 1,500 gross tons, the 2\1/2\-inch hose 
and hydrants specified in Table 76.10-5(a) may be replaced with 1\1/2\ 
hose and hydrants as follows:
    (1) The hydrants in interior locations may have wye connections for 
1\1/2\-inch hose. In these cases, the hose must be 75 feet in length, 
and only one hose will be required at each fire station; however, if 
every interior space can be reached by a 50-foot hose then 50-foot 
hoses may be installed at each interior fire hydrant; and
    (2) The hydrants for external locations may consist of two 1\1/2\-
inch outlets, each with a 1\1/2\-inch hose supplied through a wye 
connection as a substitute.
    (c) On vessels of 500 gross tons or more, there must be at least 
one shore connection to the fire main available to each side of the 
vessel in an accessible location. Suitable cut-out valves and check 
valves must be provided. Suitable adaptors also must be provided for 
furnishing the vessel's shore connections with couplings mating those 
on the shore fire lines. Vessels of 500 gross tons or more on an 
international voyage must be provided with at least one international 
shore connection complying with ASTM F 1121 (incorporated by reference, 
see Sec.  76.01-2). Facilities must be available, enabling an 
international shore connection to be used on either side of the vessel.
    (d) Fire hydrants must be of sufficient number and so located that 
any part of the vessel, other than main machinery spaces, so that they 
are accessible to the passengers or crew while the vessel is being 
navigated.. For the purpose of this requirement, all watertight doors 
and all doors in main vertical zone bulkheads and stairway enclosures 
must be closed, although hose ports may be installed in doors, other 
than watertight doors and doors in main vertical zone bulkheads, for 
the passage of the hose. All areas of the main machinery spaces and 
cargo holds must be capable of being reached by at least two streams of 
water, each of which must be from a single length of hose from separate 
outlets. This requirement need not apply to shaft alleys containing no 
assigned space for the stowage of combustibles. Fire hydrants must be 
numbered as required by Sec.  78.47-20 of this subchapter.
    (e) All parts of the fire main located on exposed decks must either 
be protected against freezing or be fitted with cut-out valves and 
drain valves so that the entire exposed parts of such piping may be 
shut off and drained in freezing weather. Except when closed to prevent 
freezing, such valves must be sealed open.
    (f) The outlet at each fire hydrant must be provided with a cock or 
valve fitted in such a position that the firehose may be removed while 
the fire main is under pressure. In addition, the outlet must be 
limited to any position from the horizontal to the vertical pointing 
downward, so that the hose will lead horizontally or downward to 
minimize the possibility of kinking.
    (g) Each fire hydrant must have at least one length of firehose, a 
spanner wrench, and a hose rack or other device for stowing the hose.
    (h) Firehoses must be connected to the outlets at all times. 
However, on open decks where no protection is afforded to the hose in 
heavy weather, or where the hose may be liable to damage from the 
handling of cargo, the hose may be temporarily removed from the hydrant 
and stowed in an accessible nearby location.
    (i) A firehose must not be used for any purpose other than fire 
extinguishing and fire drills.
    (j) Each firehose on each hydrant must have a combination solid 
stream and water spray firehose nozzle that meets the requirements in 
46 CFR, subpart 162.027. Firehose nozzles previously approved under 
subpart 162.027 of this chapter may be retained so long as they are 
maintained in good condition to the satisfaction of the Officer in 
Charge, Marine Inspection.
    (k) Straight stream firehose nozzles approved under 46 CFR 162.027 
must have low-velocity water spray applicators for--
    (1) Two firehoses within the accommodation and service areas; and
    (2) Each firehose within propulsion machinery space containing an 
oil-fired boiler, internal combustion machinery, or an oil fuel unit on 
a vessel on an international voyage or on any vessel of 1,000 gross 
tons or more. The length of each applicator must be not more than 1.8 
meters (6 feet).
    (l) Fixed brackets, hooks, or other means for stowing an applicator 
must be next to each fire hydrant that has an

[[Page 2308]]

applicator under paragraph (k) of this section.
    (m) Fire hydrants, nozzles, and other fittings must have threads to 
accommodate the hose connections noted in paragraph (l) of this 
section.
    (n) Firehose and couplings must be as follows:
    (1) Fire station hydrant connections must be brass, bronze, or 
other equivalent metal. Couplings must either--
    (i) Use National Standard (NS) firehose coupling threads for the 
1\1/2\-in (38-mm) and 2\1/2\-in (64-mm) hose sizes, i.e., 9 threads per 
inch for a 1\1/2\-in hose, and 7\1/2\ threads per inch for a 2\1/2\-in 
hose; or
    (ii) Be a uniform design for each hose diameter throughout the 
vessel.
    (2) Each section of firehose must be a lined commercial firehose 
that conforms to UL 19 (incorporated by reference, see 76.01-2). A hose 
that bears the label of Underwriters Laboratories, Inc. as a lined 
firehose is accepted as conforming to this requirement.
0
75. Amend Sec.  76.25-1 to read as follows:


Sec.  76.25-1  Application.

    Automatic sprinkler systems must comply with Chapter 25 of NFPA 13 
(incorporation by reference, see Sec.  76.01-2).


Sec. Sec.  76.25-5 through 76.25-35  [Removed]

0
76. Remove Sec. Sec.  76.25-5 through 76.25-35.
0
77. Revise subpart 76.27, consisting of Sec. Sec.  76.27-1 through 
76.27-90, to read as follows:
Subpart 76.27--Fire Detection and Alarm System, Details
Sec.
76.27-1 Application.
76.27-5 General.
76.27-10 Operation.
76.27-15 Detectors.
76.27-20 Alarm indicators.
76.27-25 Power and circuitry.
76.27-30 Zoning.
76.27-35 Installation.
76.27-70 Application of SOLAS and FSS Code.
76.27-80 Installations contracted for on or after November 19, 1952 
and prior to [2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION OF 
FINAL RULE].
76.27-90 Installations contracted for prior to November 19, 1952.

Subpart 76.27--Fire Detection and Alarm System, Details


Sec.  76.27-1  Application.

    (a) Where a fire detection and alarm system is installed, the 
provisions of this subpart, with the exception of Sec. Sec.  76.27-80 
and 76.27-90 of this subpart, apply to all installations contracted for 
on or after [2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION OF FINAL 
RULE]. Installations contracted for on or after November 19, 1952 and 
prior to [2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE] 
must meet the requirements of Sec.  76.27-80 of this subpart. 
Installations contracted for prior to November 19, 1952, must meet the 
requirements of Sec.  76.27-90 of this subpart.
    (b) The design, manufacture, installation, and operation of fire 
detection and alarm systems must be in accordance with either--
    (1) Sections 76.27-5 through 76.27-35 of this subpart; or
    (2) SOLAS Chapter II-2, Regulation 7 (incorporated by reference, 
see Sec.  76.01-2) and FSS Code Chapter 9 (incorporated by reference, 
see Sec.  76.01-2) as detailed in Sec.  76.27-70 of this part.


Sec.  76.27-5  General.

    (a) Detectors, manual alarm stations, control panels, cabinets, 
alarms, and other notifying devices must be of approved types.
    (b) The fire detection and alarm system must be capable of 
immediate operation at all times that the vessel is in service.
    (c) The fire detection and alarm system must control and monitor 
input signals for all connected detectors and manual pull stations or 
call points.
    (d) The fire detection and alarm system must provide fire or fault 
output signals to the pilothouse or fire control station.
    (e) The fire detection and alarm system must notify crew and 
passengers of a fire when appropriate.
    (f) The fire detection and alarm system must be so arranged and 
installed that the presence of a fire in any of the protected spaces 
will be automatically registered visibly and audibly in the pilothouse 
or fire control station. The visible notice must indicate the zone in 
which the alarm originated. On vessels of more than 150 feet in length, 
there must also be an audible alarm in the engine room.


Sec.  76.27-10  Operation.

    (a) Means to manually acknowledge all alarm and fault signals must 
be provided at the control panel. The audible alarm on the control 
panel may be manually silenced. The control panel must clearly 
distinguish between normal, alarm, acknowledged alarm, fault, and 
silence conditions.
    (b) The activation of any detector or manual pull station must 
cause an audible and visual fire detection alarm signal at the control 
panel. If the alarm signal has not been acknowledged within 2 minutes, 
an audible fire alarm must be automatically sounded throughout the crew 
accommodations and service spaces, control stations, and manned 
machinery spaces.
    (c) A fire detection and alarm system must automatically reset to a 
normal operating condition after alarm and fault situations are 
cleared.
    (d) Detectors in certain spaces, such as workshops during hot work 
and ro-ro spaces during on- and off-loading, may be disabled. The 
system must be restored automatically to normal surveillance after a 
predetermined time. Spaces must be manned when any detectors are 
disabled. Detectors in all other spaces must remain operational.
    (e) In fire detection and alarm systems with addressable detectors 
and manual pull stations, every fault (such as an open circuit, short 
circuit, or ground fault) must be monitored and must not prevent the 
continued individual identification of the remaining detectors and 
manual pull stations.
    (f) In fire detection and alarm systems with addressable detectors 
and manual alarm stations, the initiation of the first fire detector 
and resulting alarm must not prevent any other detector from 
responding.
    (g) Fire detection and alarm systems without addressable detectors 
and manual alarm stations must identify the zone that contains the 
activated detector or station upon activation of a detector or manual 
pull station.
    (h) Fire detection and alarm systems may output signals to other 
fire safety systems including, but not limited to, paging systems, fire 
alarm or public address systems, fan stops, fire doors, fire dampers, 
sprinkler systems, smoke extraction systems, low-location lighting 
systems, fixed local application fire extinguishing systems, and closed 
circuit television systems.
    (i) Fire detection and alarm systems may accept signals from other 
safety systems. For example, a signal initiated from actuation of an 
automatic sprinkler valve may be sent to a fire detection and alarm 
system.
    (j) The fire detection and alarm system may be connected to a 
decision management system provided that--
    (1) The decision management system is compatible with the fire 
detection and alarm system;
    (2) The decision management system can be disconnected without 
affecting the performance of the fire detection and alarm system; and
    (3) Any malfunction of the interfaced and connected decision 
management equipment must not render the fire detection and alarm 
system ineffective.

[[Page 2309]]

Sec.  76.27-15  Detectors.

    (a) Detectors must be responsive to heat, smoke, or other products 
of combustion, flame, or any combination of these factors. Detectors 
responsive to other indicators of incipient fires may be used if 
approved.
    (b) Detectors must be capable of being triggered or tested and 
restored to service without the replacement of any component.
    (c) Heat detectors must be rated not lower than 130 [deg]F (54 
[deg]C) and not higher than 172 [deg]F (78 [deg]C). The operating 
temperature of heat detectors located in spaces of high normal ambient 
temperatures may be up to 260 [deg]F (130 [deg]C). The operating 
temperatures of heat detectors in saunas may be up to 284 [deg]F (140 
[deg]C).
    (d) Fire detectors fitted in passenger cabins must also emit, or 
cause to be emitted, an audible alarm within the cabin when activated.
    (e) The required sensitivity and other performance criteria of 
detectors must be as set forth in 46 CFR 161.002.


Sec.  76.27-20  Alarm indicators.

    (a) Audible alarms must generate sound pressure levels as set forth 
in 46 CFR 161.002 and must--
    (1) Be at least 75 dBA as measured at the sleeping position in 
cabins;
    (2) Be at least 10 dBA above ambient noise levels existing during 
normal operation with the ship under way in moderate weather when 
measured at a point 5 feet (1.5 meters) above the finished floor and at 
least 3 feet (1 meter) from the source;
    (3) Not exceed 120 dBA; and
    (4) The sound pressure level must be measured in the third octave 
band about the fundamental frequency.
    (b) Visual alarms must generate light of an intensity and period as 
set forth in 46 CFR 161.002.
    (c) All audible and visual alarms must be audible and visible 
throughout the spaces they are intended to alert.


Sec.  76.27-25  Power and circuitry.

    (a) The power supply and emergency power supply for all fire 
detection and alarm systems must be in accordance with 46 CFR, 
subchapter J (Electrical Engineering). At the end of the required 
period for which the fire detection and alarm system must remain 
operable under emergency power, the system must remain capable of 
operating all audible and visual fire alarm signals for an additional 
period of 30 minutes.
    (b) All wiring and electrical circuits and equipment must be in 
accordance with 46 CFR, subchapter J (Electrical Engineering).
    (c) All fire detection and alarm systems must monitor power 
supplies and circuits necessary for the operation of the system during 
loss of power and fault conditions.


Sec.  76.27-30  Zoning.

    (a) The fire detection system must be divided into separate zones 
to restrict the area covered by any particular alarm signal.
    (b) The fire detection zone must not include spaces in more than 
one main vertical zone, except on cabin balconies.
    (c) The fire detection zone must not include spaces on more than 
one deck, except--
    (1) Adjacent and communicating spaces on different decks at the 
ends of the vessel having a combined ceiling area of not more than 
3,000 sq ft;
    (2) Isolated rooms or lockers in such spaces as mast houses, 
wheelhouse top, etc., which are easily communicable with the area of 
the fire detecting circuit to which they are connected; and
    (3) Systems with addressable detectors and manual alarm stations 
that can have their status individually determined.
    (d) Any fire detection zone with non-addressable detectors and 
manual pull stations must not contain more than 25 protected rooms or 
spaces.


Sec.  76.27-35  Installation.

    (a) Detectors must be located in all spaces except those having 
little or no fire risk such as void spaces with no stowage of 
combustibles, private bathrooms, public toilets, fire extinguishing 
medium storage rooms, deck spaces, and enclosed promenades that are 
naturally ventilated by permanent openings.
    (b) The detectors must be located on the overhead in the space 
protected at a minimum distance of 18 in (0.5 m) away from bulkheads, 
except in corridors, lockers, and stairways. Positions near beams and 
ventilation ducts, or other positions where patterns of air flow could 
adversely affect performance should be avoided. Where liable to 
physical damage, the detector must be suitably protected.
    (c) Detectors must be located in accordance with spacing 
requirements as tested and approved.
    (d) Detectors in stairways must be located at least at the top 
level of the stairs and at every second level beneath.
    (e) There must be at least one manual alarm station in each zone.
    (f) Manual alarm stations must be located in main passageways, 
stairway enclosures, public spaces, or similar locations where they 
will be readily available and easily seen in case of need.
    (g) A sufficient number of manual alarm stations must be employed 
to enable a person escaping from any space to find a manual alarm 
station on his or her normal escape route.
    (h) Cables that form part of a fire detection and alarm system must 
be arranged to avoid galleys and machinery and other high fire risk 
spaces except where it is necessary to provide for fire detection and 
alarms in such spaces or to connect to an appropriate power supply.
    (i) Clear information about the installation and operation of a 
fire detection and alarm system must be displayed on or adjacent to its 
control panels.
    (j) The audible alarms must be identified as required by Sec.  
78.47-13 of this subchapter.
    (k) The entire main vertical zone containing an atrium must be 
protected throughout with smoke detectors.


Sec.  76.27-70  Application of SOLAS and FSS Code.

    When the design, manufacture, installation, and operation of a fire 
detection and alarm system is to be in accordance with SOLAS Chapter 
II-2, Part C, Regulation 7 and FSS Code Chapter 9 (incorporated by 
reference, see Sec.  76.01-2) as allowed by Sec.  76.27-1(b)(2) of this 
subpart, the following requirements apply:
    (a) The periodic testing of fire detection and alarm systems 
required in SOLAS Chapter II-2, Regulation 7.3.2 must be conducted as 
part of the annual inspection mandated in subpart 71.25 of this 
subchapter.
    (b) Control stations must be included among the spaces to be 
protected by a fire detection and alarm system under SOLAS Chapter II-
2, Regulation 7.5.3.
    (c) The Commanding Officer of the U.S. Coast Guard Marine Safety 
Center will determine whether a cargo space in a passenger vessel is 
inaccessible and whether or not it is reasonable to provide fire 
detection for the space under SOLAS Chapter II-2, Regulation 7.6.
    (d) The Commanding Officer of the U.S. Coast Guard Marine Safety 
Center will determine whether or not there is risk of fire originating 
in concealed and inaccessible places that otherwise would require 
access of a fire patrol under SOLAS Chapter II-2, Regulation 7.8.2.
    (e) Any detectors operated by factors other than heat, smoke, or 
other products of combustion, or flame as addressed in FSS Code Chapter 
9.2.3.1.1, may be used if they are approved types.
    (f) Notwithstanding the provisions of FSS Code Chapter 9.2.3.1.2, 
the required sensitivity and other performance

[[Page 2310]]

criteria of smoke detectors must be as set forth in 46 CFR 161.002.
    (g) Notwithstanding the provisions of FSS Code Chapter 9.2.3.1.3, 
the required sensitivity and other performance criteria of heat 
detectors must be as set forth in 46 CFR 161.002.
    (h) As addressed in FSS Code Chapter 9.2.4.1.3, when a fire 
detection and alarm system does not include means for identifying each 
detector individually, no section of detectors and manually operated 
call points may include more than 25 enclosed spaces.
    (i) Notwithstanding the spacing set forth in FSS Code Chapter 9, 
Table 9.1, fire detectors must be placed in accordance with spacing 
requirements as tested and approved.
    (j) Footnotes to SOLAS Chapter II-2, Regulation 7.9 and FSS Code 
Chapter 9.2.51 refer to the Code on Alarms and Indicators, 2009, as 
adopted by IMO Resolution A.1021(26) (incorporated by reference, see 
Sec.  76.01-2). The provisions of the Code on Alarms and Indicators are 
recommended but not required under the option in Sec.  76.27-1(b)(2) of 
this subpart.


Sec.  76.27-80  Installations contracted for on or after November 19, 
1952 and prior to [2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION OF 
FINAL RULE].

    Installations contracted for on or after November 19, 1952 and 
prior to [2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION OF FINAL 
RULE], must meet the following requirements:
    (a) Location and spacing of detectors. (1) The detectors must be 
located close to the overhead in the space protected. Where liable to 
physical damage, the detector must be suitably protected.
    (2) Unless specifically approved otherwise, every spot on the 
overhead of a protected space must be within 10 feet of a detector. 
Where beams or girders extend below the ceiling, or where the ceiling 
is installed at more than one level, the detectors must be so located 
as to be most effective.
    (b) Operation and installation. (1) The system must be so arranged 
and installed that the presence of a fire in any of the protected 
spaces will be automatically registered visibly and audibly in the 
pilothouse or fire control station. The visible notice must indicate 
the zone in which the alarm originated. On vessels of more than 150 ft 
in length, there must also be an audible alarm in the engine room.
    (2) The detectors, the fire detection cabinet, and alarms must be 
of an approved type.
    (3) In general, the detectors, must be rated not lower than 
135[emsp14][deg]F and not higher than 165[emsp14][deg]F. However, in 
spaces where a high ambient temperature may be expected, detectors must 
be rated not lower than 175[emsp14][deg]F and not higher than 
225[emsp14][deg]F.
    (4) The fire detection system must be used for no other purpose, 
except that it may be incorporated with the manual alarm system.
    (5) All wiring and electrical circuits and equipment must meet the 
applicable requirements of 46 CFR, subchapter J (Electrical 
Engineering) of this chapter.
    (6) A framed chart or diagram must be installed in the wheelhouse 
or control station adjacent to the detecting cabinet indicating the 
location of the various detecting zones and giving instructions for the 
operation, maintenance, and testing of the system. This chart, or a 
separate card or booklet to be kept near the chart, must have tabulated 
spaces for the date and signature of the licensed officer of the vessel 
who must witness or conduct the periodic tests.
    (7) The audible alarms must be identified as required by Sec.  
78.47-13 of this subchapter.
    (c) Zoning. (1) The fire detection system must be divided into 
separate zones to restrict the area covered by any particular alarm 
signal.
    (2) All spaces in a fire detection zone must be accessible from one 
to another without leaving the deck involved. All doors in watertight 
subdivision bulkheads and main vertical zone bulkheads must be assumed 
closed for the purpose of this requirement.
    (3) The fire detection zone must not include spaces on more than 
one deck, except--
    (i) Adjacent and communicating spaces on different decks at the 
ends of the vessel having a combined ceiling area of not more than 
3,000 sq ft;
    (ii) Isolated rooms or lockers in such spaces as mast houses, 
wheelhouse top, etc., which are easily communicable with the area of 
the fire detection circuit to which they are connected; and
    (iii) Systems with indicators for individual spaces.
    (4) The fire detection zone must not contain more than 50 protected 
rooms or spaces.
    (d) Repair of existing systems. (1) If the status of the approval 
for the system is other than ``Former--Do not use'', the system may be 
repaired by the following means--
    (i) Repair in kind using the same components as installed and 
listed on the approved drawings;
    (ii) Repair using equivalent components from the authorized 
component list for the type approval for that system;
    (iii) Repair using equivalent components from the authorized 
component list for the type approval for another fire detection system, 
provided that the replacement devices are compatible with the installed 
system; and
    (iv) Repair using devices that are currently type approved, 
provided that the replacement devices are compatible with the installed 
system.
    (2) Any changes to the system that will result in the fire 
detection system not complying with the approved drawings require the 
drawings to be revised and submitted to the Marine Safety Center for 
review.

                      Table 76.27-80--Installations
------------------------------------------------------------------------
                    Space                          Detecting systems
------------------------------------------------------------------------
                              Safety areas
------------------------------------------------------------------------
Wheelhouse or fire-control room..............  None required.\1\
Stairway and elevator enclosures.............  None required.\1\
Communication corridors......................  None required.\1\
Lifeboat embarkation and lowering stations...  None required.
Radio room...................................  None required.\1\
------------------------------------------------------------------------
                             Accommodations
------------------------------------------------------------------------
Staterooms, toilet spaces, isolated pantries,  None required.\1\
 etc.
Offices, lockers, and isolated storerooms....  Electric, pneumatic, or
                                                automatic sprinkling.\1\

[[Page 2311]]

 
Public spaces................................  None required with 20-
                                                minute patrol. Electric,
                                                pneumatic, or automatic
                                                sprinkling with 1 hour
                                                patrol.\1\
Open decks or enclosed promenades............  None required.
------------------------------------------------------------------------
                             Service spaces
------------------------------------------------------------------------
Galleys......................................  None required.\1\
Main pantries................................  None required.\1\
Motion picture booths and film lockers.......  Electric, pneumatic, or
                                                automatic sprinkling.1 2
Paint and lamp rooms.........................  Smoke detecting.\3\
Inaccessible baggage, mail, and specie rooms   Smoke detecting.\3\
 and storerooms.
Accessible baggage, mail, and specie rooms     Electric, pneumatic, or
 and storerooms.                                automatic sprinkling.
Refrigerated storerooms......................  None required.
Carpenter, valet, photographic, and printing   Electric, pneumatic, or
 shops, sales rooms, etc.                       automatic sprinkling.
------------------------------------------------------------------------
                            Machinery spaces
------------------------------------------------------------------------
Coal fired boilers: Bunker and boiler space..  None required.
Oil fired boilers: Spaces containing oil       None required.
 fired boilers either main or auxiliary,
 their fuel oil service pumps, and/or such
 other fuel oil units as the heaters,
 strainers, valves, manifolds, etc., that are
 subject to the discharge pressure of the
 fuel oil service pumps, together with
 adjacent spaces to which oil can drain.
Internal combustion or gas turbine propelling  None required.
 machinery spaces.
Electric propulsive motors or generators of    None required.
 open type.
Enclosed ventilating systems for motors and    None required.
 generators of electric propelling machinery.
Auxiliary spaces, internal combustion or gas   None required.
 turbine.
Auxiliary spaces, electric motors or           None required.
 generators.
Auxiliary spaces, steam......................  None required.
Trunks to machinery spaces...................  None required.
Fuel tanks...................................  None required.
------------------------------------------------------------------------
                              Cargo spaces
------------------------------------------------------------------------
Inaccessible during voyage (combustible        Smoke detecting.
 cargo), including trunks (excluding tanks).
Accessible during voyage (combustible cargo).  Smoke detecting,
                                                electric, pneumatic or
                                                automatic sprinkling.
Vehicular deck (except where no overhead deck  None required.
 is 30 feet in length or less).
Cargo oil tanks..............................  None required.
Specially suitable for vehicles..............  Smoke detecting,
                                                electric, pneumatic or
                                                automatic sprinkling.
------------------------------------------------------------------------
\1\ Vessels of 100 GT or more contracted for on or before May 27, 1936,
  and having combustible joiner work must be fitted with an automatic
  sprinkler system, except in relatively incombustible spaces.
\2\ Sprinkler heads may be attached to a sanitary system provided
  electrical or pneumatic detecting is installed.
\3\ On vessels contracted for prior to January 1, 1962, a steam
  smothering system may be accepted. However, although existing steam
  smothering systems may be repaired, replaced, or extended, no new
  system contracted for on or after January 1, 1962, will be permitted.

Sec.  76.27-90  Installations contracted for prior to November 19, 
1952.

    (a) Installations contracted for prior to November 19, 1952, must 
meet the following requirements:
    (1) Existing arrangements, materials, and equipment previously 
approved will be considered satisfactory so long as they meet the 
minimum requirements of this paragraph, and they are maintained in good 
condition to the satisfaction of the Officer in Charge, Marine 
Inspection. Minor repairs and alterations may be made to the same 
standards as the original installation.
    (2) The details of the systems must be in general agreement with 
Sec. Sec.  76.27-5 through 76.27-15 of this subpart insofar as is 
reasonable and practicable.
    (b) [Reserved]

Subpart 76.30--Pneumatic Fire Detection System, Details

0
78. Revise Subpart 76.30 heading to read as set forth above.

Subpart 76.30--Pneumatic Fire Detection System, Details

0
79. Revise Sec.  76.30-1 to read as follows:


Sec.  76.30-1  Application.

    (a) Where a pneumatic fire detection system is installed, the 
provisions of this subpart, with the exception of Sec.  76.30-90, must 
apply to all installations contracted for on or after November 19, 
1952, and prior to [2 YEARS AND 180 DAYS AFTER THE DATE OF PUBLICATION 
OF FINAL RULE]. Installations contracted for prior to November 19, 
1952, must meet the requirements of Sec.  76.30-90 of this subpart.
    (b) [Reserved]


Sec.  76.30-5  [Amended]

0
80. In Sec.  76.30-5, remove the word ``detecting'' wherever it appears 
and add, in its place, the word '' detection''; and remove the word 
``shall'' wherever it appears and add, in its place, the word ``must''.


Sec.  76.30-10  [Amended]

0
81. In Sec.  76.30-10, remove the word ``shall'' wherever it appears 
and add, in its place, the word ``must''.


Sec.  76.30-15  [Amended]

0
82. Amend Sec.  76.30-15 as follows:

[[Page 2312]]

0
a. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must'';
0
b. In paragraph (a), after the words ``On vessels'', remove the word 
``over'' and add, in its place, the words ``greater than'';
0
c. In paragraph (c), after the words ``at a temperature rise of 
approximately'', remove the text ``40 degrees F'' and add, in its 
place, the text ``40 [deg]F''; and
0
d. In paragraph (d), remove the word ``detecting'' and add, in its 
place, the word ``detection''.


Sec.  76.30-90  [Amended]

0
83. Amend Sec.  76.30-90 as follows:
0
a. In paragraph (a) introductory text, remove the word ``shall'' and 
add, in its place, the word ``must'';
0
b. In paragraph (a)(1), remove the word ``shall'' and add, in its 
place, the word ``will''; and
0
c. In paragraph (a)(2), remove the word ``shall'' and add, in its 
place, the word ``must''; and after the words ``in general agreement 
with'', remove the text ``Sec. Sec.  76.30-5 through 76.30-15'' and 
add, in its place, the text ``Sec. Sec.  76.27-5 through 76.27-35 of 
this subchapter''.

Subpart 76.33--Smoke Detection System, Details

0
84. Revise subpart 76.33 heading to read as set forth above.
0
85. Revise Sec.  76.33-1 to read as follows:


Sec.  76.33-1  Application.

    (a) Where a smoke detection system is installed, the provisions of 
this subpart, with the exception of Sec.  76.33-90 of this subpart, 
applies to all installations contracted for on or after November 19, 
1952, and prior to [2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION OF 
FINAL RULE]. Installations contracted for prior to November 19, 1952, 
must meet the requirements of Sec.  76.33-90 of this subpart.
    (b) Vessels must comply with the requirements of Sec.  76.33-20(c) 
of this subpart not later than [5 YEARS AFTER DATE OF PUBLICATION OF 
FINAL RULE].


Sec.  76.33-5  [Amended]

0
86. In Sec.  76.33-5, remove the word ``detecting'' wherever it appears 
and add, in its place, the word ``detection''; and remove the word 
``shall'' wherever it appears and add, in its place, the word ``must''.


Sec.  76.33-10  [Amended]

0
87. In Sec.  76.33-10, remove the word ``shall'' wherever it appears 
and add, in its place, the word ``must''.


Sec.  76.33-15  [Amended]

0
88. Amend Sec.  76.33-15 as follows:
0
a. Remove the word ``detecting'' wherever it appears and add, in its 
place, the word ``detection'';
0
b. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must''; and
0
c. In paragraph (e), remove the word ``tapes'' and add, in its place, 
the word ``traps''; and remove the word ``moisutre'' and add, in its 
place, the word ``moisture''.
0
89. Amend Sec.  76.33-20 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must'';
0
b. In paragraph (a), after the words ``On vessels'', remove the word 
``over'' and add, in its place, the words ``greater than;
0
c. Revise paragraph (c) to read as follows; and
0
d. In paragraphs (d) and (h), remove the word ``detecting'' and add, in 
its place, the word ``detection''.


Sec.  76.33-20  Operation and installation.

* * * * *
    (c) No exhaust from the detecting cabinet may be discharged in the 
vicinity of the cabinet to permit the detection of fire by odor. 
Instead, the exhaust must be directed to the outside. Vessels must 
comply with this requirement not later than (5 YEARS AFTER DATE OF 
PUBLICATION OF FINAL RULE).
* * * * *


Sec.  76.33-90  [Amended]

0
90. Amend Sec.  76.33-90 as follows:
0
a. In paragraph (a) introductory text, remove the word ``shall'' and 
add, in its place, the word ``must'';
0
b. In paragraph (a)(1), remove the word ``shall'' and add, in its 
place, the word ``will''; and
0
c. In paragraph (a)(2), remove the word ``shall'' and add, in its 
place, the word ``must''; and after the words ``general agreement 
with'', remove the text ``Sec. Sec.  76.33-5 through 76.33-15'' and 
add, in its place, the text ``Sec. Sec.  76.27-5 through 76.27-35''.


Sec.  76.35-1  [Amended]

0
91. Amend Sec.  76.35-1 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must''; and
0
b. In paragraph (a), after the text ``on or after November 19, 1952'', 
add the text ``, and prior to [2 YEARS AND 180 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE]''.
0
92. Amend Sec.  76.35-5 to revise paragraph (a) to read as follows:


Sec.  76.35-5  Zoning.

    (a) The zoning of the manual alarm system must meet the same 
requirements as for the fire detection system set forth in Sec.  76.27-
15(d) of this part.
* * * * *


Sec.  76.35-10  [Amended]

0
93. Amend Sec.  76.35-10 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must''; and
0
b. In section heading and paragraphs (a) and (c), remove the word 
``boxes'' wherever it appears and add, in its place, the word 
``stations''; and remove the word ``box'' wherever it appears and add, 
in its place, the word ``station''.


Sec.  76.35-15  [Amended]

0
94. Amend Sec.  76.35-15 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must''; and
0
b. In paragraph (c), remove the word ``detecting'' and add, in its 
place, the word ``detection''.
0
95. Revise Sec.  76.50-1 to read as follows:


Sec.  76.50-1  Application.

    (a) The provisions of this subpart, with the exception of 
Sec. Sec.  76.50-80 and 76.50-90, as applicable, apply to all vessels 
contracted for on or after November 19, 1952.
    (b) Vessels contracted for prior to [180 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE] and on or after November 19, 1952, must meet 
the requirements of Sec.  76.50-80 of this subpart.
    (c) Vessels contracted for prior to November 19, 1952, must meet 
the requirements of Sec.  76.50-90 of this subpart.


Sec.  76.50-5  [Reserved]

0
96. Remove and reserve Sec.  76.50-5.
0
97. Revise Sec.  76.50-10 to read as follows:


Sec.  76.50-10  Location.

    (a) Approved portable and semi-portable extinguishers must be 
installed in accordance with table 76.50-10(a) of this section.
    (b) Table 76.50-10(a) 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.

[[Page 2313]]



                  Table 76.50-10(a)--Carriage of Portable and Semi-Portable Fire Extinguishers
----------------------------------------------------------------------------------------------------------------
                                                                   Fire extinguishing
                Space                 --------------------------------------------------------------------------
                                         Minimum  required  rating               Quantity and location
----------------------------------------------------------------------------------------------------------------
Safety area: \1\
    Wheelhouse or fire control room..  20-B:C.......................  1 of each classification on vessels over
                                                                       1,000 GT. (Not required in both spaces.)
                                                                       (Multiple classifications may be
                                                                       recognized.)
    Stairway and elevator enclosures.  .............................  None required.
    Communicating corridors..........  2-A..........................  1 in each main corridor in each main
                                                                       vertical zone. (May be located in
                                                                       stairway enclosures.)
    Lifeboat embarkation and lowering  .............................  None required.
     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 isolated     .............................  None required.
     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 promenades  .............................  None required.
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 film     10-B:C \3\...................  1 outside in the vicinity of the exit.
     lockers.
    Paint and lamp rooms.............  40-B.........................  1 outside space in the vicinity of the
                                                                       exit.
    Inaccessible baggage, mail, and    .............................  None required.
     specie rooms, and storerooms.
    Accessible baggage, mail, and      2-A..........................  1 for each 2,500 sq ft or fraction thereof
     specie rooms, and storerooms.                                     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, photographic,    2-A..........................  1 outside the space in the vicinity of the
     printing shops sales rooms, etc.                                  exit.
Machinery spaces:
    Coal-fired boilers: Bunker and     .............................  None required.
     boiler space.
    Oil-fired boilers: Spaces,         40-B.........................  2 required.\3\
     containing oil fired boilers,
     either main or auxiliary, or
     their fuel oil units.
                                       160-B........................  1 required.\4\
    Internal combustion or gas         40-B.........................  1 for each 1,000 brake horsepower, but not
     turbine propelling machinery                                      less than 2 or more than 6.
     spaces.
                                       120-B........................  1 required.\5\
    Electric propulsive motors or      40-B:C.......................  1 for each propulsion motor or generator
     generators of open type.                                          unit.
    Enclosed ventilating systems for   .............................  None required.
     motors and generators of
     electric propelling machinery.
    Auxiliary spaces, internal         40-B.........................  1 outside the space in the vicinity of the
     combustion or gas turbine.                                        exit.\6\
    Auxiliary spaces, electric         40-B:C.......................  1 outside the space in the vicinity of the
     emergency motors or generators.                                   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).

[[Page 2314]]

 
    Accessible during voyage.........  2-A..........................  1 for each 1,200 sq ft or fraction
                                                                       thereof.
    Vehicular spaces (covered by a     40-B.........................  1, plus 1 for each 6,000 sq ft or fraction
     sprinkler system).                                                thereof.
    Vehicular spaces (not covered by   40-B.........................  1, plus 1 for each 1,500 sq ft or fraction
     a sprinkler system).                                              thereof.\7\
    Cargo oil tanks..................  .............................  None required.
    Spare units......................  2-A..........................  (RANGE FROM 50-10) percent of the required
                                                                       number for public spaces rounded up.
                                       40-B.........................  (RANGE FROM 50-10) percent of the required
                                                                       number for cargo spaces rounded up.
                                       40-B:C.......................  1.
----------------------------------------------------------------------------------------------------------------
\1\ In any case, on vessels of 150 feet 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 1 160-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 5-B units may be substituted for 1 20-B unit.
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.

    (c) Semi-portable fire extinguishing systems must be located in the 
open so as to be readily seen.
    (d) If portable fire extinguishers are not located in the open or 
behind glass so that they may be readily seen, they may be placed in 
enclosures together with the firehose, provided such enclosures are 
marked as required by Sec.  78.47-20 of this subchapter.
    (e) Portable fire extinguishers and their stations must be numbered 
in accordance with Sec.  78.47-30 of this subchapter.
    (f) Portable or semi-portable extinguishers, which are required on 
their nameplates to be protected from freezing, must not be located 
where freezing temperatures may be expected.


Sec.  76.50-15  [Removed]

0
98. Remove Sec.  76.50-15.
0
99. Amend Sec.  76.50-20 as follows:
0
a. Revise the section heading to read as follows;
0
b. In paragraphs (a) and (b), remove the text ``size III, IV, and V'' 
and add, in its place, the text ``semi-portable''; and
0
c. Add paragraph (c) to read as follows:


Sec.  76.50-20  Semi-portable fire extinguishers.

* * * * *
    (c) Each semi-portable extinguisher must be fitted with a suitable 
hose and nozzle, or other practicable means, so that all areas of the 
space can be protected.
0
100. Add Sec.  76.50-80 to read as follows:


Sec.  76.50-80  Locations and number of fire extinguishers required for 
vessels constructed prior to [180 DAYS AFTER DATE OF PUBLICATION OF 
FINAL RULE].

    (a) Vessels contracted for prior to [180 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE], must meet the following requirements:
    (1) Previously installed extinguishers with extinguishing 
capacities smaller than are required in Table 76.50-10(a) of 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; and
    (2) All new equipment and installations must meet the applicable 
requirements in this subpart for new vessels.
    (b) [Reserved]

PART 78--OPERATIONS

0
101. The authority citation for part 78 continues to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department 
of Homeland Security Delegation No. 0170.1.

0
102. Revise Sec.  78.47-13 to read as follows:


Sec.  78.47-13  Fire and automatic sprinkler alarm indicators.

    (a) The fire detection, alarm, and automatic sprinkler indicators 
in the engine room must be identified by at least 1-inch red lettering 
as ``FIRE ALARM'' or ``SPRINKLER ALARM'' as appropriate. Where such 
alarm indicators on the bridge or in the fire control station do not 
form a cabinet, the indicators must be suitably identified as above.
    (b) [Reserved]

PART 90--GENERAL PROVISIONS

0
103. The authority citation for part 90 continues to read as follows:

    Authority:  46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

Sec.  90.01-1  [Amended]

0
104. Amend Sec.  90.01-1 to add, after the last sentence, the sentence 
``The regulations in this subchapter (parts 90, 91, 92, 93, 95, 96, 97, 
98, and 105) have preemptive effect over State or local regulation 
within the same fields. ''

[[Page 2315]]

PART 91--INSPECTION AND CERTIFICATION

0
105. The authority citation for part 91 continues to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; 46 
U.S.C. Chapter 701; Executive Order 12234; 45 FR 58801; 3 CFR, 1980 
Comp., p. 277; Executive Order 12777, 56 FR 54757, 3 CFR, 1991 
Comp., p. 351; Department of Homeland Security Delegation No. 
0170.1.

0
106. Add Sec.  91.25-7 to read as follows:


Sec.  91.25-7  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register 
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, the Coast Guard must publish 
notice of change in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 10 Standard for Portable Fire Extinguishers, 2010 Edition 
(NFPA 10''), IBR approved for Sec.  91.25-20(a).
    (2) [Reserved]
0
106. Amend Sec.  91.25-20 as follows:
0
a. Revise section heading and paragraph (a)(1) to read as follows; and
0
b. In paragraphs (a)(2), (a)(3), (a)(4), and Table 91.25-20(a)(2), 
remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must''.


Sec.  91.25-20  Fire extinguishing equipment.

    (a) * * *
    (1) Portable and semi-portable extinguishers must be inspected and 
maintained in accordance with NFPA 10 (incorporated by reference, see 
Sec.  91.25-7) as amended here:
    (i) Certification or licensing by the state or local jurisdiction 
as a fire extinguisher servicing agency will be accepted by the Coast 
Guard as meeting the personnel certification requirements of NFPA 10 
for annual maintenance and recharging of extinguishers.
    (ii) Monthly inspections required by NFPA 10 may be conducted by 
the owner, operator, person-in-charge, or a designated member of the 
crew.
    (iii) Non-rechargeable or non-refillable extinguishers must be 
inspected and maintained in accordance with NFPA 10; however, the 
annual maintenance need not be conducted by a certified person and can 
be conducted by the owner, operator, person-in-charge, or a designated 
member of the crew.
    (iv) The owner or managing operator must provide satisfactory 
evidence of the required servicing to the marine inspector. If any of 
the equipment or records have not been properly maintained, a qualified 
servicing facility must perform the required inspections, maintenance 
procedures, and hydrostatic pressure tests. A tag issued by a qualified 
servicing organization, and attached to each extinguisher, may be 
accepted as evidence that the necessary maintenance procedures have 
been conducted.
* * * * *

PART 92--CONSTRUCTION AND ARRANGEMENT

0
108. The authority citation for part 92 continues to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

0
109. Amend Sec.  92.07-1 as follows:
0
a. In paragraph (a), following the text ``of Sec.  92.07-90,'', remove 
the word ``shall''; and following the text ``4,000 gross tons'', remove 
the words ``and over'' and add, in their place, the words ``or more''; 
and following the text ``to January 1, 1962,'' remove the word 
``shall'' and add, in its place, the word ``must'';
0
b. In paragraph (b), following the text ``of Sec.  92.07-90,'', remove 
the word ``shall''; and following the text ``300 gross tons'', remove 
the words ``and over'' and add, in their place, the words ``or more''; 
and following the text ``to January 1, 1962,'' remove the word 
``shall'' and add, in its place, the word ``must''; and
0
c. Revise paragraph (c) to read as follows:


Sec.  92.07-1  Application.

* * * * *
    (c) Vessels meeting the structural fire protection requirements of 
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11, may be considered 
equivalent to the provisions of this subpart.

PART 95--FIRE PROTECTION EQUIPMENT

0
110. The authority citation for part 95 continues to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

0
111. Amend Sec.  95.01-1 as follows:
0
a. In paragraph (a), remove the word ``shall''; and
0
b. Revise paragraph (b) to read as follows:


Sec.  95.01-1  General.

* * * * *
    (b) Equipment installed prior to [30 DAYS AFTER DATE OF PUBLICATION 
OF FINAL RULE] as required by Sec.  95.05-1(b) of this part may remain 
in service so long as it is maintained in good condition to the 
satisfaction of the Officer in Charge, Marine Inspection.
0
112. Revise Sec.  95.01-2 to read as follows:


Sec.  95.01-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) ASTM International (formerly American Society for Testing and 
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 
610-832-9585, http://www.astm.org.
    (1) ASTM F 1121-87 (1993), Standard Specification for International 
Shore Connections for Marine Fire Applications, IBR approved for Sec.  
95.10-10.
    (2) [Reserved]
    (c) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.

[[Page 2316]]

    (1) International Code for Fire Safety Systems (FSS Code), 2007 
Edition, IBR approved for Sec.  95.05-3(a) and (b).
    (2) [Reserved]
    (d) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02269-9101, 800-344-3555, http://www.nfpa.org.
    (1) NFPA 13, Standard for the Installation of Sprinkler Systems, 
2010 Edition (``NFPA 13''), IBR approved for Sec.  95.30-1.
    (2) [Reserved]
    (e) Navy Publications and Forms Center, Customer Service Code 1052, 
5801 Tabor Ave., Philadelphia, PA 19120.
    (1) Federal Specification ZZ-H-451G, Hose, Fire, Woven-Jacketed 
Rubber or Fabric-Lined, with Couplings, IBR approved for Sec.  95.10-
10(n).
    (2) [Reserved]
    (f) Underwriters Laboratories Inc. (UL), 333 Pfingsten Road 
Northbrook, IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 19-2001, Standard for Lined Fire Hose and Hose Assemblies 
(UL-19), IBR approved for Sec.  95.10-10(n).
    (2) [Reserved]
0
113. Amend Sec.  95.01-5 as follows:
0
a. In paragraph (a), after the words ``Where fire'', remove the words 
``detecting or'', and remove the word ``shall'' and add, in its place, 
the word ``must''; and
0
b. Add new paragraph (b) to read as follows:


Sec.  95.01-5  Equipment installed but not required.

* * * * *
    (b) Use of non-approved fire detection systems may be acceptable as 
excess equipment provided that--
    (1) Components are listed and labeled by an independent, nationally 
recognized testing laboratory as set forth in 29 CFR 1910.7, and are 
designed, installed, tested, and maintained in accordance with an 
appropriate industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR, subchapter 
J (Electrical Engineering), especially the hazardous location 
electrical installation regulations in 46 CFR 111.105;
    (3) Coast Guard plan review is completed for wiring plans; and
    (4) The system and units remain functional as intended. To ensure 
this, marine inspectors may test and inspect the system during routine 
inspections.

Subpart 95.05--Fire Detection and Extinguishing Equipment

0
114. Revise the heading in subpart 95.05 to read as set forth above.
0
115. Revise Sec.  95.05-1 to read as follows:


Sec.  95.05-1  Fire detection, manual alarm, and supervised patrol 
systems.

    (a) Fire detection, manual alarm, and supervised patrol systems are 
not required except in special cases; but if installed, the systems 
must meet the applicable requirements of 46 CFR, part 76 of subchapter 
H (Passenger Vessels) of this chapter.
    (b) In each compartment containing explosives, and in adjacent 
cargo compartments, there must be provided a smoke detection system. 
When used, sample extraction smoke detection systems must meet the 
requirements in Sec.  95.05-3 of this part.
    (c) Enclosed spaces which are ``specially suitable for vehicles'' 
must be fitted with a fire detection and alarm system.
0
116. Add new Sec.  95.05-3 to read as follows:


Sec.  95.05-3  Sample extraction smoke detection systems.

    (a) For vessels contracted for on or after [180 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE], a sample extraction smoke detection system 
must be installed in accordance with chapter 10 of the FSS Code 
(incorporated by reference, see Sec.  95.01-2).
    (b) Periodically, the FSS Code defers to ``the Administration.'' 
For U.S. flag vessels, ``the Administration'' is the United States 
Coast Guard. The following requirements are provided for the provisions 
of Chapter 10 that defer to the Administration:
    (1) For sequential scanning systems under FSS Code, chapter 10, 
paragraph 2.1.2, a satisfactory overall response time will be achieved 
by limiting the maximum allowable interval to 2 minutes.
    (2) Under the FSS Code, chapter 10, paragraph 2.2.2, fans of 
sufficient capacity to provide a satisfactory overall response time 
will signal an alarm within 3 minutes upon introduction of smoke at the 
most remote accumulator on a vehicle deck and within 5 minutes upon 
introduction of smoke at the most remote accumulator in container and 
general cargo holds.
    (3) Means provided to isolate smoke accumulators from liquid or 
refrigerated cargoes must be to the satisfaction of the Commanding 
Officer of the U.S. Coast Guard Marine Safety Center.
    (4) Notwithstanding anything to the contrary in FSS Code chapter 
10, periodic testing of sample extraction smoke detection systems must 
be conducted as part of the annual inspection and include inspection of 
all piping, valves, controls and alarms, and by introduction of smoke 
into the accumulators.
0
117. Amend Sec.  95.10-5 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must'';
0
b. Revise Table 95.10-5(a) to read as follows;
0
c. In paragraph (b), after the words ``On vessels of 1,000 gross 
tons'', remove the words ``and over'' and add, in their place, the 
words ``or more''; and
0
d. In paragraph (h), after the words ``the installation of a total 
flooding'', remove the words ``carbon dioxide'' and add, in their 
place, the words ``fixed fire extinguishing''.


Sec.  95.10-5  Fire pumps.

* * * * *

                                 Table 95.10-5(a)--Fire Pump System Requirements
----------------------------------------------------------------------------------------------------------------
                   Gross tons                         Minimum        Hose and
-------------------------------------------------    number of     hydrant size,  Nozzle orifice     Length of
              Over                   Not over          pumps          inches       size, inches      hose feet
----------------------------------------------------------------------------------------------------------------
                                             100           \1\ 1      \1\ 1\1/2\       \1\ \1/2\          \1\ 50
100.............................           1,000               1          1\1/2\           \5/8\              50
1,000...........................           1,500               2          1\1/2\           \5/8\              50
1,500...........................  ..............               2      \2\ 2\1/2\       \2\ \7/8\          \2\ 50
----------------------------------------------------------------------------------------------------------------
\1\ On vessels of 65 feet in length or less, \3/4\-inch hose of a good commercial grade together with a
  commercial garden hose nozzle may be used. The pump may be hand operated and the length of hose must be
  sufficient to assure coverage of all parts of the vessel.
\2\A 1\1/2\-inch hose that is 75 feet in length with a \5/8\-inch nozzle may be used where specified by Sec.
  95.10-10(b) of this subpart for interior locations and 50 feet of 1\1/2\-inch hose may be used in exterior
  locations on vessels in other than ocean or coastwise service. For vessels on ocean or coastwise service, two
  1\1/2\-inch outlets, each provided with one 1\1/2\-inch hose supplied through a wye connection may be
  substituted.


[[Page 2317]]

0
118. Amend Sec.  95.10-10 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must'';
0
b. Remove the words ``fire hose'' wherever they appear and add, in 
their place, the word ``firehose''.
0
c. Revise paragraph (b) to read as follows;
0
d. In paragraph (c), remove the words ``and over'' wherever they appear 
and add, in their place, the words ``or more'';
0
e. In paragraph (g), after the words ``at least one length of firehose, 
a spanner'', add the word ``wrench''; and
0
f. In paragraph (n)(3), following the word ``Underwriters'' remove the 
text ``''' wherever it appears; and following the text ``Standard 19 or 
Federal Specification ZZ-H-451G'', add the text ``(incorporated by 
reference, see Sec.  95.01-2)''.


Sec.  95.10-10  Fire hydrants and hose.

* * * * *
    (b) Instead of the 2\1/2\-in hose and hydrants specified in table 
95.10-5(a) of this subpart, on vessels of more than 1,500 gross tons:
    (1) The hydrants in interior locations may have wye connections for 
1\1/2\-in hoses. In these cases, the hose must be 75 ft in length, and 
only one hose will be required at each fire station; however, if all 
such stations can be satisfactorily served with 50-ft lengths, a 50-ft 
hose may be used; and
    (2) The hydrants for exterior locations may substitute two 1\1/2\-
in outlets, each with a 1\1/2\-in hose supplied through a wye 
connection.
* * * * *
0
119. Revise Sec.  95.30-1 to read as follows:


Sec.  95.30-1  Application.

    Automatic sprinkler systems must comply with Chapter 25 of NFPA 13 
(incorporated by reference, see Sec.  95.01-2).
0
120. Revise Sec.  95.50-1 to read as follows:


Sec.  95.50-1  Application.

    (a) The provisions of this subpart, with the exception of 
Sec. Sec.  95.50-80 and 95.50-90, as applicable, apply to all vessels, 
other than unmanned barges and fishing vessels, contracted for on or 
after November 19, 1952.
    (b) Vessels contracted for prior to [30 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE] and on or after November 19, 1952, must meet 
the requirements of Sec.  95.50-80 of this subpart.
    (c) Vessels contracted for prior to November 19, 1952, must meet 
the requirements of Sec.  95.50-90 of this subpart.


Sec.  95.50-5  [Reserved]

0
121. Remove and reserve Sec.  95.50-5.
0
122. Revise Sec.  95.50-10 to read as follows:


Sec.  95.50-10  Location.

    (a) Approved portable fire extinguishers and semi-portable fire 
extinguishing systems must be installed in accordance with Table 95.50-
10(a) of this section. 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 95.50-10(a) 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 95.50-10(a)--Portable Fire Extinguisher and Semi-Portable Fire
                          Extinguishing Systems
------------------------------------------------------------------------
                                Minimum required        Quantity and
            Space                    rating               location
------------------------------------------------------------------------
Safety areas: \1\
    Wheelhouse or fire                              None required.
     control room.
    Stairway and elevator                           None required.
     enclosures.
    Communicating corridors.  2-A.................  1 in each main
                                                     corridor not more
                                                     than 150 ft apart.
                                                     (May be located in
                                                     stairways.)
    Lifeboat embarkation and                        None.
     lowering stations.
    Radio room..............  20-B:C \2\..........  2 required in the
                                                     vicinity of the
                                                     exit.\2\
Accommodations: \1\
    Staterooms, toilet                              None required.
     spaces, public spaces,
     offices, lockers,
     isolated storerooms,
     pantries, open decks,
     etc.
Service spaces: \1\
    Galleys.................  40-B:C..............  1 for each 2,500 sq
                                                     ft or fraction
                                                     thereof suitable
                                                     for hazards
                                                     involved.
    Paint and lamp rooms....  40-B................  1 outside space in
                                                     the vicinity of the
                                                     exit.
    Accessible baggage,       2-A.................  1 for each 2,500 sq
     mail, specie rooms, and                         ft or fraction
     storerooms.                                     thereof located in
                                                     the vicinity of the
                                                     exits, either
                                                     inside or outside
                                                     the spaces.
    Carpenter shop and        2-A.................  1 outside the space
     similar spaces.                                 in the vicinity of
                                                     the exit.
Machinery spaces:
    Coal-fired boilers:                             None required.
     Bunker and boiler space.
    Oil-fired boilers:        40-B................  2 required.\3\
     Spaces containing oil-
     fired boilers, either
     main or auxiliary, or
     their fuel-oil units.
                              160-B...............  1 required.\4\
    Internal combustion or    40-B................  1 for each 1,000
     gas turbine propelling                          brake horsepower;
     machinery spaces.                               not less than 2 but
                                                     not more than 6.\5\
                              120-B...............  1 required.6 7
    Electric propulsive       40-B:C..............  1 for each
     motors or generators of                         propulsion motor or
     an open type.                                   generator unit.
    Enclosed ventilating                            None required.
     systems for motors and
     generators of electric
     propelling machinery.
Auxiliary spaces:
    Internal combustion or    40-B................  1 outside the space
     gas turbine.                                    in the vicinity of
                                                     the exit.\7\
    Electric emergency        40-B:C..............  1 outside the space
     motors or generators.                           in the vicinity of
                                                     the exit.\8\
    Steam...................                        None required.
    Trunks to machinery                             None required.
     spaces.

[[Page 2318]]

 
    Fuel tanks..............                        None required.
Cargo spaces:
    Inaccessible during                             None required.
     voyage, including
     trunks and cargo tanks.
    Accessible during voyage                        None required.
    Spare Units
                              2-A.................  (RANGE FROM 50-10)
                                                     percent of the
                                                     total number
                                                     required rounded
                                                     up.
                              40-B:C..............  (RANGE FROM 50-10)
                                                     percent of the
                                                     total number
                                                     required rounded
                                                     up.
                              20-B:C..............  1
------------------------------------------------------------------------
\1\ For motorboats, the total number of portable fire extinguishers
  required for safety areas, accommodation spaces, and service spaces
  must be one 20-B for motorboats of less than 50 GT and two 20-B
  ratings for motorboats of 50 GT or more.
\2\ For vessels on an international voyage, substitute one 20-C in the
  vicinity of the exit.
\3\ Vessels of less than 1,000 gross tons require one.
\4\ Vessels of less than 1,000 gross tons may substitute one 160-B.
\5\ Only one is required for motorboats.
\6\ If an oil-burning donkey boiler fitted in space, the 160-B
  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 less than 300 gross tons if the fuel has
  a flashpoint higher than 110 [deg]F.
\8\ Not required on vessels of less than 300 gross tons.

    (c) Semi-portable fire extinguishing systems must be located in the 
open so as to be readily seen.
    (d) If portable fire extinguishers are not located in the open or 
behind glass so that they may be readily seen, they may be placed in 
enclosures together with the firehose, provided such enclosures are 
marked as required by Sec.  97.37-15 of this subchapter.
    (e) Portable fire extinguishers and their stations must be numbered 
in accordance with Sec.  97.37-23 of this subchapter.
    (f) Portable or semi-portable extinguishers, which are required on 
their nameplates to be protected from freezing, must not be located 
where freezing temperatures may be expected.


Sec.  95.50-15  [Removed]

0
123. Remove Sec.  95.50-15.
0
124. Amend Sec.  95.50-20 as follows:
0
a. Revise the section heading to read as follows;
0
b. In paragraph (a), remove the text ``size III, IV, and V'' and add, 
in its place, the text ``semi-portable'';
0
c. In paragraph (b), remove the text ``size III, IV, or V'' and add, in 
its place, the text ``semi-portable''; and
0
d. Add paragraph (c) to read as follows:


Sec.  95.50-20  Semi-portable fire extinguishers.

* * * * *
    (c) Semi-portable extinguishers must be fitted with suitable hoses 
and nozzles, or other practicable means, so that all areas of the space 
can be protected.
0
125. Add Sec.  95.50-80 to read as follows:


Sec.  95.50-80  Location and number of fire extinguishers required for 
vessels constructed prior to [30 DAYS AFTER DATE OF PUBLICATION OF 
FINAL RULE].

    (a) Vessels contracted for prior to [30 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE] must meet the following requirements:
    (1) Previously installed extinguishers with extinguishing 
capacities smaller than what is required in table 95.50-10(a) of 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.
    (2) All new equipment and installations must meet the applicable 
requirements in this subpart for new vessels.
    (b) [Reserved]

PART 107--INSPECTION AND CERTIFICATION

0
126. The authority citation for part 107 continues to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307; 46 U.S.C. 3316; 
Department of Homeland Security Delegation No. 0170.1; Sec.  107.05 
also issued under the authority of 44 U.S.C. 3507.

0
127. Revise Sec.  107.01 to read as follows:


Sec.  107.01  Purpose of subchapter.

    This subchapter prescribes rules for the design, construction, 
equipment, inspection and operation of mobile offshore drilling units 
operating under the U.S. flag. The regulations in this subchapter 
(parts 107 through 109) have preemptive effect over State or local 
regulation within the same fields.
0
128. Revise Sec.  107.115 to read as follows:


Sec.  107.115  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition 
(``NFPA 10''), IBR approved for Sec.  107.235(a).
    (2) [Reserved]
0
129. Amend Sec.  107.235 as follows:
0
a. Revise section heading and paragraph (a) to read as follows;
0
b. Remove Table 107.235

[[Page 2319]]

Sec.  107.235  Servicing of portable fire extinguishers, semi-portable 
fire extinguishers and fixed fire extinguishing systems.

    (a) Portable and semi-portable extinguishers must be inspected and 
maintained in accordance with NFPA 10 (incorporated by reference, see 
Sec.  107.115) as amended here:
    (1) Certification or licensing by the state or local jurisdiction 
as a fire extinguisher servicing agency will be accepted by the Coast 
Guard as meeting the personnel certification requirements of NFPA 10 
for annual maintenance and recharging of extinguishers.
    (2) Monthly inspections required by NFPA 10 may be conducted by the 
owner, operator, or person-in-charge or a designated member of the 
crew.
    (3) Non-rechargeable or non-refillable extinguishers must be 
inspected and maintained in accordance with NFPA 10; however, the 
annual maintenance need not be conducted by a certified person and can 
be conducted by the owner, operator, person-in-charge, or a designated 
member of the crew.
    (4) The owner or managing operator must provide satisfactory 
evidence of the required servicing to the marine inspector. If any of 
the equipment or records have not been properly maintained, a qualified 
servicing facility must perform the required inspections, maintenance 
procedures, and hydrostatic pressure tests. A tag issued by a qualified 
servicing organization, and attached to each extinguisher, may be 
accepted as evidence that the necessary maintenance procedures were 
conducted.
* * * * *

PART 108--DESIGN AND EQUIPMENT

0
130. The authority citation for part 108 continues to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; Department of 
Homeland Security Delegation No. 0170.1.

0
131. Revise Sec.  108.101 to read as follows:


Sec.  108.101  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than that specified in this section, the Coast Guard must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, West Conshohocken, PA 19428-2959, 610-832-9500, http://www.astm.org.
    (1) ASTM D 93-97, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester, IBR approved for Sec.  108.500.
    (2) ASTM F 1014-92, Standard Specification for Flashlights on 
Vessels, IBR approved for Sec.  108.497.
    (3) ASTM F 1121-87 (1993), Standard Specification for International 
Shore Connections for Marine Fire Applications, IBR approved for Sec.  
108.427.
    (c) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London, SE1 7SR, United Kingdom, +44 
(0)20 7735 7611, www.imo.org.
    (1) Resolution A.520(13), Code of Practice for the Evaluation, 
Testing and Acceptance of Prototype Novel Life-saving Appliances and 
Arrangements, November 17, 1983, IBR approved for Sec.  108.105.
    (2) Resolution A.649(16), Code for the Construction and Equipment 
of Mobile Offshore Drilling Units (MODU Code), October 19, 1989 with 
amendments of June 1991, IBR approved for Sec.  108.503.
    (3) Resolution A.658(16), Use and Fitting of Retro-reflective 
Materials on Life-saving Appliances, November 20, 1989, IBR approved 
for Sec. Sec.  108.645 and 108.649.
    (4) Resolution A.760(18), Symbols Related to Life-saving Appliances 
and Arrangements, November 17, 1993, IBR approved for Sec. Sec.  
108.646, 108.647, 108.649, and 108.655.
    (d) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 13, Standard for the Installation of Sprinkler Systems, 
2010 Edition (``NFPA 13''), IBR approved for Sec.  108.430.
    (2) [Reserved]


Sec.  108.405  [Amended]

0
132. Amend Sec.  108.405(a)(1) to add, after the words ``Be approved by 
the Commandant'' add the words ``in accordance with 46 CFR 161.002''.
0
133. Revise Sec.  108.430 to read as follows:


Sec.  108.430  General.

    Automatic sprinkler systems must comply with Chapter 25 of NFPA 13 
(incorporated by reference, see Sec.  108.101).
0
134. Revise Sec.  108.491 to read as follows:


Sec.  108.491  General.

    (a) Each portable and semi-portable fire extinguisher on a unit 
must be approved under subpart 162.028 or 162.039 of this chapter.
    (b) Vessels contracted for prior to [30 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE] must meet the following requirements:
    (1) Previously installed extinguishers with extinguishing 
capacities smaller than what is required in Table 108.495 of 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.
    (2) All new equipment and installations must meet the applicable 
requirements in this subpart for new vessels.
0
135. Revise Sec.  108.495 to read as follows:


Sec.  108.495  Locations and number of fire extinguishers required.

    Table 108.495 of this section indicates the minimum required number 
and type of fire extinguishers 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 108.495--Carriage of Portable Fire Extinguishers
------------------------------------------------------------------------
                                Minimum  required       Quantity and
            Space                    rating               location
------------------------------------------------------------------------
Safety Areas:
    Wheelhouse and control    20-B:C..............  2 in the vicinity of
     room.                                           the exit.

[[Page 2320]]

 
    Stairway and elevator     ....................  None required.
     enclosure.
    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        ....................  None required.
     spaces, 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      20B:C...............  1 outside each space
     spaces.                                         in the vicinity of
                                                     the exit.
Machinery Spaces:
    Oil-fired boilers:        40-B................  2 required in each
     Spaces containing oil-                          space.
     fired boilers, either
     main or auxiliary, or
     their fuel oil units.
                              160-B...............  1 required in each
                                                     space. See note 1.
    Internal combustion or    40-B................  1 for each 1,000
     gas 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       40-B................  Outside the space
     engines or gas turbine.                         containing engines
                                                     or turbines in the
                                                     vicinity of the
                                                     exit.
    Electric emergency        40-B:C..............  1 outside the space
     motors or generators.                           containing motors
                                                     or generators in
                                                     the vicinity of the
                                                     exit.
    Steam driven auxiliary    ....................  None required.
     machinery.
    Trunks to machinery       ....................  None required.
     spaces.
    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.................  (RANGE FROM 50-10)
                                                     percent of the
                                                     total required
                                                     rounded up.
                              40-B:C..............  (RANGE FROM 50-10)
                                                     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 of this subpart.

0
136. Amend Sec.  108.496 as follows:
0
a. Revise the section heading to read as follows;
0
b. In paragraph (a), remove the text ``size III, IV, and V'' and add, 
in its place, the text ``semi-portable''; and after the words ``except 
a wheeled'', remove the words ``size V'' and add, in their place, the 
word ``semi-portable'';
0
c. In paragraph (b) introductory text, remove the word ``semiportable'' 
and add, in its place, the word ``semi-portable'';
0
d. In paragraph (b)(1), remove the text ``size V'';
0
e. In paragraph (b)(2), remove the text ``size III, IV, and V''; and
0
f. Add paragraph (c) to read as follows:


Sec.  108.496  Semi-portable fire extinguishers.

* * * * *
    (c) Semi-portable extinguishers must be fitted with suitable hoses 
and nozzles, or other practicable means, so that all areas of the space 
can be protected.

PART 113--COMMUNICATION AND ALARM SYSTEMS AND EQUIPMENT

0
137. The authority citation for part 113 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security 
Delegation No. 0170.1.

0
138. Revise Sec.  113.05-7 to read as follows:


Sec.  113.05-7  Environmental tests.

    (a) Communication, alarm system, control, and monitoring equipment, 
with the exception of fire and smoke detection and alarm systems, must 
meet the environmental tests of--
    (1) Section 4-9-7, Table 9, of ABS Steel Vessel Rules (incorporated 
by reference, see Sec.  110.10-1) or the applicable ENV category of 
Lloyd's Register Type Approval System--Test Specification Number 1 
(incorporated by reference, see Sec.  110.10-1); and

[[Page 2321]]

    (2) IEC 60533 (incorporated by reference, see Sec.  110.10-1) as 
appropriate.
    (b) Components of smoke detection and alarm systems must be tested 
in accordance with 46 CFR 161.002.

PART 114--GENERAL PROVISIONS

0
139. The authority citation for part 114 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security 
Delegation No. 0170.1; Sec.  114.900 also issued under 44 U.S.C. 
3507.

0
140. Revise Sec.  114.100 to read as follows:


Sec.  114.100  Purpose.

    The purpose of this subchapter is to implement applicable sections 
of Subtitle II of Title 46, United States Code, which require the 
inspection and certification of small passenger vessels. The 
regulations in this subchapter (parts 114 through 122) have preemptive 
effect over State or local regulation within the same fields.
0
141. Amend Sec.  114.400 to revise the definition of the term ``Open to 
the atmosphere'' to read as follows:


Sec.  114.400  Definitions of terms used in this subchapter.

* * * * *
    Open to the atmosphere means a compartment that has at least 0.342 
square meters of open area directly exposed to the atmosphere for each 
cubic meter (15 square inches for each cubic foot) of net compartment 
volume.
* * * * *
0
142. Revise Sec.  114.600 to read as follows:


Sec.  114.600  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register 
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, the Coast Guard must publish a 
notice of change in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Operating and 
Environmental Standards (CG-OES), 2703 Martin Luther King Jr. Avenue 
SE., Stop 7509, Washington, DC 20593-7509, and is available from the 
sources listed below. It is also available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Boat and Yacht Council (ABYC), 613 Third Street, Suite 
10, Annapolis, MD 21403, 410-990-4460, http://www.abycinc.org.
    (1) A-1-93--Marine Liquefied Petroleum Gas (LPG) Systems, IBR 
approved for Sec.  121.240.
    (2) A-3-93--Galley Stoves, IBR approved for Sec.  121.200.
    (3) A-7-70--Boat Heating Systems, IBR approved for Sec.  121.200.
    (4) A-22-93--Marine Compressed Natural Gas (CNG) Systems, IBR 
approved for Sec.  121.240.
    (5) H-25-94--Portable Gasoline Fuel Systems for Flammable Liquids, 
IBR approved for Sec.  119.458.
    (6) P-1-93--Installation of Exhaust Systems for Propulsion and 
Auxiliary Engines, IBR approved for Sec. Sec.  116.405, 119.425, and 
119.430.
    (c) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase 
Drive, Houston, TX 77060, 281-877-5800, http://www.eagle.org.
    (1) Rules for Building and Classing Aluminum Vessels, 1975, IBR 
approved for Sec.  116.300.
    (2) Rules for Building and Classing Steel Vessels, 1995, IBR 
approved for Sec. Sec.  119.410 and 120.360.
    (3) Rules for Building and Classing Steel Vessels Under 61 Meters 
(200 Feet) in Length, 1983, IBR approved for Sec.  116.300.
    (4) Rules for Building and Classing Steel Vessels for Service on 
Rivers and Intracoastal Waterways, 1995, IBR approved for Sec.  
116.300.
    (5) Guide for High Speed Craft, 1997, IBR approved for Sec.  
116.300.
    (d) American National Standards Institute (ANSI), 25 West 43rd 
Street, New York, NY 10036, 212-642-4900, http://www.ansi.org.
    (1) A 17.1-1984, including supplements A 17.1a and b-1985, Safety 
Code for Elevators and Escalators, IBR approved for Sec.  120.540.
    (2) B 31.1-1986, Code for Pressure Piping, Power Piping, IBR 
approved for Sec.  119.710.
    (3) Z 26.1-1977, including 1980 supplement, Safety Glazing 
Materials For Glazing Motor Vehicles Operating on Land Highways, IBR 
approved for Sec.  116.1030.
    (e) ASTM International (formerly American Society for Testing and 
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 
610-832-9500, http://www.astm.org.
    (1) ASTM B 96-93, Standard Specification for Copper-Silicon Alloy 
Plate, Sheet, Strip, and Rolled Bar for General Purposes and Pressure 
Vessels, IBR approved for Sec.  119.440.
    (2) ASTM B 117-97, Standard Practice for Operating Salt Spray (Fog) 
Apparatus, IBR approved for Sec.  114.400.
    (3) ASTM B 122/B 122M-95, Standard Specification for Copper-Nickel-
Tin Alloy, Copper-Nickel-Zinc Alloy (Nickel Silver), and Copper-Nickel 
Alloy Plate, Sheet, Strip, and Rolled Bar, IBR approved for Sec.  
119.440.
    (4) ASTM B 127-98, Standard Specification for Nickel-Copper Alloy 
(UNS NO4400) Plate, Sheet, and Strip, IBR approved for Sec.  119.440.
    (5) ASTM B 152-97a, Standard Specification for Copper Sheet, Strip, 
Plate, and Rolled Bar, IBR approved for Sec.  119.440.
    (6) ASTM B 209-96, Standard Specification for Aluminum and 
Aluminum-Alloy Sheet and Plate, IBR approved for Sec.  119.440.
    (7) ASTM D 93-97, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester, IBR approved for Sec.  114.400.
    (8) ASTM D 635-97, Standard Test Method for Rate of Burning and/or 
Extent and Time of Burning of Plastics in a Horizontal Position, IBR 
approved for Sec.  119.440.
    (9) ASTM D 2863-95, Standard Test Method for Measuring the Minimum 
Oxygen Concentration to Support Candle-like Combustion of Plastics 
(Oxygen Index), IBR approved for Sec.  119.440.
    (10) ASTM E 84-98, Standard Test Method for Surface Burning 
Characteristics of Building Materials, IBR approved for Sec. Sec.  
116.405, 116.422, and 116.423.
    (11) ASTM E 648-97, Standard Test Method for Critical Radiant Flux 
of Floor-Covering Systems Using a Radiant Heat Energy Source, IBR 
approved for Sec. Sec.  114.400 and 116.423.
    (12) ASTM E 662-97, Standard Test Method for Specific Optical 
Density of Smoke Generated by Solid Materials, IBR approved for 
Sec. Sec.  114.400 and 116.423.
    (f) Institute of Electrical and Electronics Engineers, Inc. (IEEE), 
IEEE Service Center, 445 Hoes Lane, Piscataway, NJ 08854, 800-678-4333, 
http://www.ieee.org.
    (1) Standard 45-1977--Recommended Practice for Electrical 
Installations on Shipboard, IBR approved for Sec.  120.340.
    (2) [Reserved]
    (g) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR United Kingdom, +44 (0)20 
7735 7611, www.imo.org.
    (1) Resolution A.520(13), Code of Practice for the Evaluation, 
Testing and Acceptance of Prototype Novel Life-Saving Appliances and 
Arrangements--

[[Page 2322]]

Resolution A.520(13), dated 17 November 1983, IBR approved for Sec.  
114.540.
    (2) Resolution A.658(16), Use and Fitting of Retro-Reflective 
Materials on Life-Saving Appliances, Resolution A.658(16), dated 20 
November 1989, IBR approved for Sec.  122.604.
    (3) Resolution A.688(17), Fire Test Procedures For Ignitability of 
Bedding Components, Resolution A.688(17) dated 06 November 1991, IBR 
approved for Sec.  116.405.
    (4) Resolution A.760(18), Symbols Related to Life-Saving Appliances 
and Arrangements, Resolution A.760(18) dated 17 November 1993, IBR 
approved for Sec.  122.604.
    (h) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition 
(``NFPA 10''), IBR approved for Sec.  115.810.
    (2) NFPA 13, Standard for the Installation of Sprinkler Systems, 
2010 Edition (``NFPA 13''), IBR approved for Sec. Sec.  116.439 and 
116.440.
    (3) ANSI/NFPA 17, Standard for Dry Chemical Extinguishing Systems, 
1994 Edition (``NFPA 17''), IBR approved for Sec.  118.425.
    (4) ANSI/NFPA 17A, Standard for Wet Chemical Extinguishing Systems, 
1994 Edition (``NFPA 17A''), IBR approved for Sec.  118.425.
    (5) ANSI/NFPA 70, National Electrical Code (NEC), 1996 Edition 
(``NFPA 70''), IBR approved for Sec. Sec.  120.320(e) and (d), 120.340, 
and 120.372.
    (6) NFPA 92B, Standard for Smoke Management Systems in Malls, 
Atria, and Large Areas, 1995 Edition (``NFPA 92B''), IBR approved for 
Sec.  116.440.
    (7) NFPA 261, Standard Method of Test For Determining Resistance of 
Mock-up Upholstered Furniture Material Assemblies to Ignition by 
Smoldering Cigarettes, 1994 Edition (``NFPA 261''), IBR approved for 
Sec. Sec.  114.400 and 116.423.
    (8) ANSI/NFPA 302, Fire Protection Standard for Pleasure and 
Commercial Motor Craft, 1994 Edition (``NFPA 302''), Chapter 6, IBR 
approved for Sec. Sec.  121.200 and 121.240.
    (9) NFPA 306, Standard for the Control of Gas Hazards on Vessels, 
1993 Edition (``NFPA 306''), IBR approved for Sec.  115.710.
    (10) NFPA 701, Standard Methods of Fire Tests for Flame-Resistant 
Textiles and Films, 1996 Edition (``NFPA 701''), IBR approved for Sec.  
116.423.
    (11) NFPA 1963, Standard for Fire Hose Connections, 1993 Edition 
(``NFPA 1963''), IBR approved for Sec.  118.320.
    (i) Underwriters Laboratories Inc. (UL), 333 Pfingsten Road 
Northbrook, IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 19-2001, Standard for Lined Fire Hose and Hose Assemblies 
(UL 19), IBR approved for Sec.  118.320.
    (2) UL 174-1989, as amended through June 23, 1994, Household 
Electric Storage Tank Water Heaters, IBR approved for Sec.  119.320.
    (3) UL 486A-1992, Wire Connectors and Soldering Lugs For Use With 
Copper Conductors, IBR approved for Sec.  120.340.
    (4) UL 489-1995, Molded-Case Circuit Breakers and Circuit Breaker 
Enclosures, IBR approved for Sec.  120.380.
    (5) UL 595-1991, Marine Type Electric Lighting Fixtures, IBR 
approved for Sec.  120.410.
    (6) UL 710-1990, as amended through September 16, 1993, Exhaust 
Hoods For Commercial Cooking Equipment, IBR approved for Sec.  118.425.
    (7) UL 723-1993, as amended through April 20, 1994, Surface Burning 
Characteristics of Building Materials, IBR approved for Sec. Sec.  
114.400, 116.422, 116.423, and 116.425.
    (8) UL 1056-1989, Fire Test of Upholstered Furniture, IBR approved 
for Sec.  116.423.
    (9) UL 1058-1989, as amended through April 19, 1994, Halogenated 
Agent Extinguishing System Units, IBR approved for Sec.  118.410.
    (10) UL 1102-1992, Non integral Marine Fuel Tanks, IBR approved for 
Sec.  119.440.
    (11) UL 1104-1981, as amended through May 4, 1988, Marine 
Navigation Lights, IBR approved for Sec.  120.420.
    (12) UL 1110-1988, as amended through May 16, 1994, Marine 
Combustible Gas Indicators, IBR approved for Sec.  119.480.
    (13) UL 1453-1988, as amended through June 7, 1994, Electric 
Booster and Commercial Storage Tank Water Heaters, IBR approved for 
Sec.  119.320.
    (14) UL 1570-1995, Fluorescent Lighting Fixtures, IBR approved for 
Sec.  120.410.
    (15) UL 1571-1995, Incandescent Lighting Fixtures, IBR approved for 
Sec.  120.410.
    (16) UL 1572-1995, High Intensity Discharge Lighting Fixtures, IBR 
approved for Sec.  120.410.
    (17) UL 1573-1995, Stage and Studio Lighting Units, IBR approved 
for Sec.  120.410.
    (18) UL 1574-1995, Track Lighting Systems, IBR approved for Sec.  
120.410.

PART 116--CONSTRUCTION AND ARRANGEMENT

0
143. The authority citation for part 116 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277, Department of Homeland Security Delegation No. 
0170.1.

0
144. Amend Sec.  116.400 to add 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, may be considered 
equivalent to the provisions of this subpart.
0
145. Amend Sec.  116.440 as follows:
0
a. In paragraph (a) introductory text, remove the text ``(1000 square 
feet) or 20%'' and add, in its place, the text ``(1,000 square feet) or 
20 percent'';
0
b. In paragraph (a)(3), remove the word ``shall'' and add, in its 
place, the word ``must'';
0
c. In paragraph (b), remove the text ``Sec. 76.33'' and add, in its 
place, the text ``Sec.  76.27'';
0
d. In paragraph (c), after the words ``an automatic sprinkler system 
meeting NFPA 13'', add the words ``(incorporated by reference, see 
Sec.  114.600)''; and
0
e. Revise paragraph (d)(2) to read as follows:


Sec.  116.440  Atriums.

* * * * *
    (d) * * *
    (2) The smoke extraction system may be designed in accordance with 
the principles of NFPA 92B (incorporated by reference, see Sec.  
114.600).
* * * * *

PART 118--FIRE PROTECTION EQUIPMENT

0
146. The authority citation for part 118 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.
0
147. Amend Sec.  118.115 as follows:
0
a. In paragraph (a), after the words ``Except as otherwise required by 
paragraphs'', remove the words ``(b) and (c) of this section'' and add, 
in their place, the words ``(b), (c), and (d) of this section''; and
0
b. Revise paragraph (d) to read as follows:


Sec.  118.115  Applicability to existing vessels.

* * * * *
    (d) For vessels contracted for prior to [30 DAYS AFTER DATE OF

[[Page 2323]]

PUBLICATION OF FINAL RULE], extinguishers with extinguishing capacities 
smaller than what is required in Table 118.500(a) of this part need not 
be replaced and may be continued in service so long as they are 
maintained in good condition to the satisfaction of the OCMI. All new 
equipment and installations must meet the applicable requirements in 
this subpart for new vessels.
0
148. Revise Sec.  118.120 to read as follows:


Sec.  118.120  Equipment installed but not required.

    (a) Fire extinguishing equipment installed on a vessel in excess of 
the requirements of Sec. Sec.  118.400 and 118.500 of this subchapter 
must be designed, constructed, installed, and maintained in a manner 
acceptable to the Commandant.
    (b) Use of non-approved fire detection systems may be acceptable as 
excess equipment provided that--
    (1) Components are listed and labeled by a nationally recognized 
testing laboratory (NRTL) as set forth in 29 CFR 1910.7, and are 
designed, installed, tested, and maintained in accordance with an 
appropriate industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR, subchapter 
J (Electrical Engineering), especially the hazardous location 
electrical installation regulations in 46 CFR 111.105;
    (3) Coast Guard plan review is completed for wiring plans; and
    (4) The system and units remain functional as intended. To ensure 
this, marine inspectors may test and inspect the system during routine 
inspections.
0
149. Amend Sec.  118.310 as follows:
0
a. Remove the words ``fire hose'' wherever they appear and add, in 
their place, the word ``firehose''; and
0
b. Add paragraph (e) to read as follows:


Sec.  118.310  Fire main and hydrants.

* * * * *
    (e) On vessels constructed after [30 DAYS AFTER DATE OF PUBLICATION 
OF FINAL RULE], spanner wrenches must be provided for each 1\1/2\-inch 
hose installation.
0
150. Amend Sec.  118.400 as follows:
0
a. In paragraph (b)(3), remove the text ``B-II'' and add, in its place, 
the text ``40-B'';
0
b. In paragraphs (b)(5)(i), (b)(5)(ii), and (b)(5)(iii), remove the 
word ``shall'' and add, in its place, the word ``must'';
0
c. In paragraph (c) introductory text, after the words ``must be 
equipped with a'', remove the words ``fire detecting system'' and add, 
in its place, the words ``fire detection and alarm system'', and after 
the words ``that is installed in accordance with'', remove the text 
``Sec.  76.27'' and add, in its place, the text ``part 76'';
0
d. In paragraph (d), remove the text ``Sec. 118.425 of this part'' and 
add, in its place, the text '' Sec.  118.425 of this subpart'';
0
e. Revise paragraph (e) to read as follows;
0
f. In paragraph (f), after the words ``a manual alarm system that meets 
the requirements in'', remove the words ``Sec.  76.35'' and add, in 
their place, the words ``part 76'';
0
g. Revise paragraph (g) to read as follows; and
0
h. In paragraph (h), after the words ``that meets the requirements 
of'', remove the words ``Sec.  76.23'' and add, in their place, the 
words ``part 76''.


Sec.  118.400  Where required.

* * * * *
    (e) Except for continuously manned operating stations as allowed by 
paragraph (f) of this section, each accommodation space, control space, 
and service space must be fitted with the following systems:
    (1) A smoke actuated fire detection system of a type approved by 
the Commandant that is installed in accordance with 46 CFR part 76 in 
subchapter H of this chapter; and
    (2) A manual alarm system that meets the requirements in 46 CFR 
part 76 in subchapter H of this chapter.
* * * * *
    (g) An enclosed vehicle space must be fitted with an automatic 
sprinkler system that meets the requirements of 46 CFR part 76 in 
subchapter H of this chapter; and
    (1) A fire detection system of a type approved by the Commandant 
that is installed in accordance with 46 CFR part 76 in subchapter H of 
this chapter; or
    (2) A smoke detection system of a type approved by the Commandant 
that is installed in accordance with 46 CFR part 76 in subchapter H of 
this chapter.


Sec.  118.410  [Amended]

0
151. Amend Sec.  118.410 as follows:
0
a. In paragraph (f)(5)(i), after the words ``must be equal to the gross 
volume of the system'', add the words ``in cubic meters'', remove the 
number ``160'' and add, in its place, the number ``.624'', and remove 
the number ``192'' and add, in its place, the number ``.749''; and
0
b. In paragraph (f)(6)(i), remove the number ``480'' and add, in its 
place, the number ``1.88''.
0
152. Revise Sec.  118.500 to read as follows:


Sec.  118.500  Required number, type, and location.

    (a) Each portable fire extinguisher on a vessel must be of a type 
approved by the Commandant. The minimum number of portable fire 
extinguishers required on a vessel must be acceptable to the cognizant 
OCMI, but must be not less than the minimum number required by Table 
118.500(a) of this section and other provisions of this section.
    (b) Table 118.500(a) of this section 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 118.500(a)--Required Portable Fire Extinguishers
------------------------------------------------------------------------
                                Minimum  required       Quantity and
            Space                    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 sq ft or
                                                     fraction thereof.
Galley......................  40-B:C..............  1.
Pantry, concession stand....  2-A.................  1 in the vicinity of
                                                     the exit.
------------------------------------------------------------------------


[[Page 2324]]

    (c) A vehicle deck without a fixed sprinkler system and exposed to 
weather must have one 40-B portable fire extinguisher for every 10 
vehicles, located near an entrance to the space.
    (d) The frame or support of each semi-portable fire extinguisher 
permitted by paragraph (c) of this section must be welded or otherwise 
permanently attached to a bulkhead or deck.

PART 122--OPERATIONS

0
153. The authority citation for part 122 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.

0
154. Amend Sec.  122.612 as follows:
0
a. Revise paragraphs (d) and (e) to read as follows;
0
b. Remove paragraph (g);
0
c. Redesignate paragraph (h) as paragraph (g); and
0
d. In newly redesignated paragraph (g), after the words ``or as 
otherwise required by the'', remove the word ``cognizant'', and 
following the words ``installed, that agent'' remove the word ``shall'' 
and add, in its place, the word ``must''.


Sec.  122.612  Fire protection equipment.

* * * * *
    (d) A manual fire alarm pull station must be conspicuously marked 
as such in clearly legible letters, and include brief, clear 
instructions for operation.
    (e) An indicator for a fire detection and alarm system must be 
conspicuously marked in clearly legible letters ``FIRE ALARM''.
* * * * *

PART 125--GENERAL

0
155. The authority citation for part 125 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804; 
Department of Homeland Security Delegation No. 0170.1.

0
156. Amend Sec.  125.100 to add paragraph (f) to read as follows:


Sec.  125.100  Applicability.

* * * * *
    (f) The regulations in this subchapter have preemptive effect over 
State or local regulations in the same field.
0
157. Revise Sec.  125.180 to read as follows:


Sec.  125.180  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than that specified in this section, the Coast Guard must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase 
Drive, Houston, TX 77060, 281-877-5800, http://www.eagle.org.
    (1) Rules for Building and Classing Steel Vessels Under 61 Meters 
(200 Ft) in Length (1983), IBR approved for Sec.  127.210.
    (2) Rules for Building and Classing Steel Vessels (1995), IBR 
approved for Sec. Sec.  127.210 and 129.360.
    (3) Rules for Building and Classing Aluminum Vessels (1975), IBR 
approved for Sec.  127.210.
    (4) Rules for Building and Classing Mobile Offshore Drilling Units 
(1994), IBR approved for Sec. Sec.  133.140 and 133.150.
    (c) American National Standards Institute (ANSI), 25 West 43rd St., 
New York, NY 10036, 212-642-4900, http://www.ansi.org.
    (1) B 31.1-1986, Code for Pressure Piping, Power Piping, IBR 
approved for Sec.  128.240.
    (2) Z 26.1-1977 (including 1980 Supplement), Safety Code for Safety 
Glazing Materials for Glazing Motor Vehicles Operating on Land 
Highways, IBR approved for Sec.  127.430.
    (d) American Society of Mechanical Engineers (ASME) International, 
Three Park Avenue, New York, NY 10016-5990, 800-843-2763, http://www.asme.org.
    (1) Boiler and Pressure Vessel Code Section I, Power Boilers, July 
1989 with 1989 addenda, IBR approved for Sec.  128.240.
    (2) [Reserved]
    (e) ASTM International (formerly American Society for Testing and 
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 
610-832-9500, http://www.astm.org.
    (1) ASTM D 93-97, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester, IBR approved for Sec.  128.310.
    (2) [Reserved]
    (f) American Boat and Yacht Council, Inc. (ABYC), 613 Third St. 
10, Annapolis, MD 21403, 410-990-4460, http://www.abycinc.org.
    (1) A-3-1993, Galley Stoves, IBR approved for Sec.  129.550.
    (2) A-7-1970, Recommended Practices and Standards Covering Boat 
Heating Systems, IBR approved for Sec.  129.550.
    (3) E-1-1972, Bonding of Direct-Current Systems, IBR approved for 
Sec.  129.120.
    (4) E-8-1994, Alternating-Current (AC) Electrical Systems on Boats, 
IBR approved for Sec.  129.120.
    (5) E-9-1990, Direct-Current (DC) Electrical Systems on Boats, IBR 
approved for Sec.  129.120.
    (g) Institute of Electrical and Electronics Engineers (IEEE), IEEE 
Service Center, 445 Hoes Lane, Piscataway, NJ 08855, 800-678-4333, 
http://www.ieee.org.
    (1) No. 45-1977, Recommended Practice for Electric Installations on 
Shipboard, IBR approved for Sec.  129.340.
    (2) [Reserved]
    (h) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org.
    (1) Resolution A.520(13), Code of Practice for the Evaluation, 
Testing and Acceptance of Prototype Novel Life-saving Appliances and 
Arrangements, dated 17 November 1983, IBR approved for Sec.  133.40.
    (2) Resolution A.658(16), Use and Fitting of Retro-Reflective 
Materials on Life-saving Appliances, dated November 20, 1989, IBR 
approved for Sec. Sec.  131.855, 131.875, and 133.70.
    (3) Resolution A.760(18), Symbols Related to Life-Saving Appliances 
and Arrangements, dated November 17, 1993, IBR approved for Sec. Sec.  
131.875, 133.70, and 133.90.
    (4) International Convention for the Safety of Life at Sea (SOLAS), 
Consolidated Edition, 1992, IBR approved for Sec.  133.90.
    (i) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) ANSI/NFPA 70, National Electrical Code, 2011 Edition (``NFPA 
70''), IBR approved for Sec. Sec.  129.320, 129.340, and 129.370.
    (2) NFPA 306, Control of Gas Hazards on Vessels,1993 Edition 
(``NFPA 306''), IBR approved for Sec.  126.160.
    (3) NFPA 1963, Fire Hose Connections, 1993 Edition (``NFPA 1963''), 
IBR approved for Sec.  132.130.
    (4) ANSI/NFPA 302, Fire Protection Standard for Pleasure and 
Commercial

[[Page 2325]]

Motor Craft, 2010 Edition (``NFPA 302''), IBR approved for Sec.  
129.550.
    (j) Underwriters Laboratories, Inc. (UL), 333 Pfingsten Road 
Northbrook, IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 19-2001, Standard for Lined Fire Hose and Hose Assemblies 
(UL 19), IBR approved for Sec.  132.130.
    (2) UL 486A-1992, Wire Connectors and Soldering Lugs for Use with 
Copper Conductors, IBR approved for Sec.  129.340.
    (3) UL 489-1995, Molded-Case Circuit Breakers and Circuit-Breaker 
Enclosures, IBR approved for Sec.  129.380.
    (4) UL 57-1976, Electric Lighting Fixtures, IBR approved for Sec.  
129.410.
    (5) UL 595-1991, Marine-Type Electric Lighting Fixtures, IBR 
approved for Sec.  129.410.
    (6) UL 1570-1995, Fluorescent Lighting Fixtures, IBR approved for 
Sec.  129.410.
    (7) UL 1571-1995, Incandescent Lighting Fixtures, IBR approved for 
Sec.  129.410.
    (8) UL 1572-1995, High Intensity Discharge Lighting Fixtures, IBR 
approved for Sec.  129.410.
    (9) UL 1573-1995, Stage and Studio Lighting Units, IBR approved for 
Sec.  129.410.
    (10) UL 1574-1995, Track Lighting Systems, IBR approved for Sec.  
129.410.

PART 132--FIRE-PROTECTION EQUIPMENT

0
158. The authority citation for part 132 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3307; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  132.210  [Removed]

0
159. Remove Sec.  132.210.
0
160. Amend Sec.  132.220 as follows:
0
a. In paragraph (a), remove the word ``semiportable'' and add, in its 
place, the word ``semi-portable'';
0
b. Revise table 132.220 to read as follows;
0
c. Redesignate paragraphs (b) through (f) as paragraphs (c) through 
(g), respectively;
0
d. Add new paragraph (b) to read as follows;
0
e. In newly redesignated paragraphs (c) and (g), remove the word 
``semiportable'' and add, in its place, the word ``semi-portable''; and
0
f. In newly redesignated paragraph (e), remove the words ``fire hose'' 
and add, in their place, the word ``firehose''.


Sec.  132.220  Installation.

* * * * *

  Table 132.220--Required Portable and Semi-Portable Fire Extinguishers
------------------------------------------------------------------------
                                Minimum required
            Space                    rating         Number and placement
------------------------------------------------------------------------
Safety areas: Communicating   2-A.................  1 in each main
 passageways.                                        passageway, not
                                                     more than 45.7 m
                                                     (150 ft) apart
                                                     (permissible in
                                                     stairways).
Pilothouse..................  20-B:C..............  2 in the vicinity of
                                                     the exit.
Service spaces: Galleys.....  40-B:C..............  1 for each 230 sq m
                                                     (2,500 sq ft) or
                                                     fraction thereof,
                                                     suitable for
                                                     hazards involved.
Paint lockers...............  40-B................  1 outside space, in
                                                     the vicinity of the
                                                     exit.
Accessible baggage and        2-A.................  1 for each 230 sq m
 storerooms.                                         (2,500 sq ft) or
                                                     fraction thereof,
                                                     located in the
                                                     vicinity of the
                                                     exits, either
                                                     inside or outside
                                                     spaces.
Workshops and similar spaces  2-A.................  1 outside space in
                                                     the vicinity of the
                                                     exit.
Machinery spaces: Internal-   40-B:C..............  1 for each 1,000
 combustion propulsion-                              brake horsepower,
 machinery.                                          but not fewer than
                                                     2 and more than 6.
                              120-B...............  1 required.1 2
Electric propulsion motors    40-B:C..............  1 for each
 or generators of open type.                         propulsion motor or
                                                     generator unit.
Auxiliary spaces: Internal    40-B................  1 outside space in
 combustion.                                         the vicinity of the
                                                     exit.\2\
Electric motors and           40-B:C..............  1 outside space in
 emergency generators.                               the vicinity of the
                                                     exit.\2\
Spares:
                              2-A.................  10 percent of the
                                                     required number
                                                     rounded up.
                              40-B:C..............  10 percent of the
                                                     required number
                                                     rounded up.
------------------------------------------------------------------------
\1\ Not required where a fixed gaseous fire extinguishing system is
  installed.
\2\ Not required on vessels of less than 300 GT.

    (b) Table 132.220 of this section indicates the minimum required 
number and type of extinguishers 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.
* * * * *


Sec.  132.230  [Removed and Reserved]

0
161. Remove and reserve Sec.  132.230.
0
162. Revise Sec.  132.240 to read as follows:


Sec.  132.240  Stowage of semi-portable fire extinguishers.

    The frame or support of each semi-portable fire extinguisher must 
be secured to prevent the extinguisher from shifting in heavy weather.
0
163. Add Sec.  132.250 to read as follows:


Sec.  132.250  Locations and number of fire extinguishers required for 
vessels constructed prior to [30 DAYS AFTER DATE OF PUBLICATION OF 
FINAL RULE].

    (a) Vessels contracted for prior to [30 DAYS AFTER DATE OF 
PUBLICATION OF FINAL RULE], must meet the following requirements:
    (1) Previously installed extinguishers with extinguishing 
capacities smaller than are required in Table 132.220 of 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.
    (2) All new equipment and installations must meet the applicable 
requirements in this subpart for new vessels.
0
164. Revise Sec.  132.340 to read as follows:


Sec.  132.340  Equipment installed although not required.

    (a) A vessel may install fire extinguishing equipment beyond that 
required by this subchapter, unless the excess equipment in any way 
endangers the vessel or the persons aboard. This equipment must be 
listed and labeled by an independent, nationally recognized testing 
laboratory (NRTL) as that term is defined in 46 CFR 161.002-2, and must 
be designed, installed, tested, and maintained in accordance with an 
appropriate industry standard and the manufacturer's specific guidance.

[[Page 2326]]

    (b) Use of non-approved fire detection systems may be acceptable as 
excess equipment, provided that--
    (1) Components are listed and labeled by an NRTL as that term is 
defined in 46 CFR 161.002-2, and are designed, installed, tested, and 
maintained in accordance with an appropriate industry standard and the 
manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR, subchapter 
J (Electrical Engineering), especially the hazardous location 
electrical installation regulations in 46 CFR 111.105;
    (3) Coast Guard plan review is completed for wiring plans; and
    (4) The system and units remain functional as intended. To ensure 
this, marine inspectors may test and inspect the system during routine 
inspections.

PART 147--HAZARDOUS SHIPS' STORES

0
165. The authority citation for part 147 continues to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

0
166. Amend Sec.  147.1 by revising paragraph (d) to read as follows:


Sec.  147.1  Purpose and applicability.

* * * * *
    (d) The regulations in this subchapter (46 CFR parts 147, 147A, and 
148) have preemptive effect over State or local regulations in the same 
field.
0
167. Revise Sec.  147.7 to read as follows:


Sec.  147.7  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than that specified in this section, the Coast Guard must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Boat and Yacht Council, Inc. (ABYC), 613 Third St., 
Suite 10, Annapolis, MD 21403, 410-990-4460, http://www.abycinc.org.
    (1) ABYC H-25-81, Portable Fuel Systems and Portable Containers for 
Flammable Liquids, May 12, 1981, IBR approved for Sec.  147.45.
    (2) [Reserved]
    (c) American Society of Heating, Refrigerating, and Air-
Conditioning Engineers, Inc. (ASHRAE), Publication Sales Department, 
1791 Tullie Circle NE., Atlanta, GA 30329.
    (1) ANSI/ASHRAE 34-78, Number Designation of Refrigerants, approved 
1978, IBR approved for Sec.  147.90.
    (2) [Reserved]
    (d) Compressed Gas Association, Inc. (CGA), 4221 Walney Road, 5th 
Floor, Chantilly, Virginia 20151, 703-788-2700, http://www.cganet.com.
    (1) CGA Pamphlet C-6, Standards for Visual Inspection of Steel 
Compressed Gas Cylinders, 10th edition, March, 2010, IBR approved for 
Sec.  147.65(b).
    (2) [Reserved]
    (e) National Fire Protection Association (NFPA), Batterymarch Park, 
Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 12A, Standard on Halon 1301 Fire Extinguishing Systems, 
2009 Edition (``NFPA 12A''), IBR approved for Sec.  147.65(b).
    (2) [Reserved]
    (f) Public Health Service (PHS), Department of Health and Human 
Services (DHHS), Superintendent of Documents, U.S. Government Printing 
Office, Washington, DC 20402, 866-512-1800, http://www.gpo.gov.
    (1) PHS, DHHS Publication No. 84-2024, The Ship's Medicine Chest 
and Medical Aid at Sea, revised 1984, IBR approved for Sec.  147.105.
    (2) [Reserved]
    (g) Underwriters Laboratories, Inc. (UL), 333 Pfingsten Road 
Northbrook, IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 30, Standard for Metal Safety Cans, 7th Ed., March 11, 1985, 
revised March 12, 1985 and March 3, 1987, IBR approved for Sec.  
147.45.
    (2) UL 1185, Standard for Portable Marine Fuel Tanks, Second 
Edition, March 13, 1978, revised July 6, 1984, IBR approved for Sec.  
147.45.
    (3) UL 1313, Standard for Nonmetallic Safety Cans for Petroleum 
Products, 1st Ed., March 15, 1982, revised January 3, 1984 and March 
22, 1985, IBR approved for Sec.  147.45.
    (4) UL 1314, Standard for Special-Purpose Containers, 1st Ed., July 
7, 1983, revised February 7, 1984 and September 23, 1986, IBR approved 
for Sec.  147.45.
0
168. Revise Sec.  147.65 to read as follows:


Sec.  147.65  Carbon dioxide and halon fire extinguishing systems.

    (a) Carbon dioxide cylinders forming part of a fixed fire 
extinguishing system must be maintained as follows:
    (1) Cylinders must be retested at least every 12 years. If a 
cylinder is discharged and more than 5 years have elapsed since the 
last test, it must be retested before recharging.
    (2) Carbon dioxide cylinders must be rejected for further service 
when they--
    (i) Leak;
    (ii) Are dented, bulging, severely corroded, or otherwise in a 
weakened condition;
    (iii) Have lost more than 5 percent of their tare weight; or
    (iv) Have been involved in a fire.
    (3) Cylinders which have contained gas agents for fixed fire 
extinguishing systems and have not been tested within 5 years must not 
be used to contain another compressed gas onboard a vessel, unless the 
cylinders are retested and re-marked in accordance with Sec.  
147.60(a)(3) and (a)(4) of this subpart.
    (4) Flexible connections between cylinders and distribution piping 
of semi-portable or fixed carbon dioxide fire extinguishing systems and 
discharge hoses in semi-portable carbon dioxide fire extinguishing 
systems must be replaced or tested at a pressure of 6.9 MPa (1,000 
psig). At test pressure, the pressure must not drop at a rate greater 
than 1.03 MPa (150 psi) per minute for a 2-minute period. The test must 
be performed when the cylinders are retested.
    (b) Halon cylinders forming part of a fixed fire extinguishing 
system must be maintained as follows:
    (1) The agent weight must be ascertained annually by one of the 
methods identified in paragraphs (b)(2) through (b)(4) of this section. 
Measured weights or liquid levels must be recorded and compared with 
the recommended fill levels and previous readings. If cylinder weight 
or liquid level, adjusted for temperature, shows a 5 percent loss of 
pressure, the cylinder must be refilled. If cylinder pressure, adjusted 
for temperature, shows a 10 percent loss of pressure, the cylinders 
must be refilled.
    (2) The cylinders may be removed from the mounting racks and 
weighed.
    (3) The contents of cylinders fitted with integral floating 
dipstick liquid level indicators may be measured with the dipstick 
indicator.
    (4) With approval of the cognizant Officer in Charge, Marine 
Inspection (OCMI), liquid level indication measures such as ultrasonic/
audiogauging or radioisotope gauging

[[Page 2327]]

may be used, provided that all of the following conditions are met:
    (i) Measurement equipment is calibrated for the cylinder wall 
thickness and halon liquid.
    (ii) Calibration is verified by weighing the cylinders that 
indicate the lowest levels of halon in each release group, but in no 
case less than 10 percent of the inspected cylinders in each release 
group.
    (iii) The acceptable liquid level is identified by the original 
system installer or coincides with all other cylinder liquid levels of 
the same release group.
    (iv) Measurements are made by personnel skilled in ultrasonic/
audiogauging or radioisotope gauging techniques.
    (5) Effective 12 years after commissioning of the system or 5 years 
after the last hydrostatic test, whichever is later, the following 
inspections must be completed every 5 years:
    (i) Cylinders continuously in service without discharging must be 
removed from mounting racks and given a complete external visual 
inspection. The inspection must be conducted in accordance with the CGA 
Pamphlet C-6 (incorporated by reference, see Sec.  147.7).
    (ii) The volume of agent must be ascertained either by removing and 
weighing the cylinder or by floating liquid level indicators, integral 
with the cylinder construction, taking into account adjustments 
necessary for cylinder temperature and pressure.
    (6) Flexible connections between cylinders and distribution piping 
of fixed halon fire extinguishing systems must be:
    (i) Visually inspected for damage, corrosion, or deterioration 
every year and replaced if found unserviceable; and
    (ii) Inspected and tested in accordance with NFPA 12A, paragraph 
6.3.1 (incorporated by reference, see Sec.  147.7) except that 
hydrostatic testing must be performed every 12 years instead of every 5 
years.
    (7) During any inspection, cylinders must be removed from service 
if they--
    (i) Leak;
    (ii) Are dented, bulging, severely corroded, or otherwise in a 
weakened condition; or
    (iii) Have been involved in a fire.
    (c) Cylinders that have contained carbon dioxide or halon and have 
not been tested within 5 years must not be used to contain another 
compressed gas onboard a vessel, unless the cylinder is retested and 
re-marked in accordance with Sec.  147.60(a)(3) and (a)(4) of this 
subpart.

PART 159--APPROVAL OF EQUIPMENT AND MATERIALS

0
169. The authority citation for part 159 continues to read as follows:

    Authority:  46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46; Section 
159.001-9 also issued under the authority of 44 U.S.C. 3507.

0
170. Revise Sec.  159.001-1(b) to read as follows:


159.001-1   Purpose.

* * * * *
    (b) The regulations in this subchapter (parts 159 through 164) have 
preemptive effect over State or local regulations in the same field.
0
171. Amend Sec.  159.001-3 to add the definitions of ``Marine Equipment 
Directive (MED)'' and ``Mutual Recognition Agreement (MRA)'', in 
alphabetical order, as follows:


Sec.  159.001-3  Definitions.

* * * * *
    Marine Equipment Directive (MarED) means the European Community 
Council Directive 96/98/EC of December 20, 1996 on marine equipment, as 
amended.
* * * * *
    Mutual Recognition Agreement (MRA) means an agreement between the 
United States and other Maritime Administrations or organized 
associations, such as the European Community and the European Free 
Trade Association that specifies equipment approval and monitoring 
processes through which parties of the MRA agree to approve equipment 
on behalf of all parties. An MRA allows reciprocal approval and 
acceptance of equipment between all parties.
* * * * *
0
172. Add subpart 159.003 to read as follows:
Subpart 159.003--Approvals Under Mutual Recognition Agreements (MRA)
Sec.
159.003-1 Purpose.
159.003-3 Acceptance of foreign approvals under an MRA.
159.003-5 Approval by the Coast Guard under an MRA.
159.003-7 Multiple approval numbers.
159.003-9 Products covered by MRAs.

Subpart 159.003--Approvals Under Mutual Recognition Agreements 
(MRA)


Sec.  159-003-1  Purpose.

    This subpart contains the procedures for obtaining Coast Guard 
approval under a Mutual Recognition Agreement.


Sec.  159-003-3  Approvals issued by a foreign authority under a Mutual 
Recognition Agreement (MRA).

    A Coast Guard approval issued by a foreign authority under an 
effective MRA is acceptable for any application where the regulations 
in this chapter require Coast Guard approval.


Sec.  159-003-5  Approval by the Coast Guard under a Mutual Recognition 
Agreement (MRA).

    (a) Manufacturers must specify in writing that foreign approval 
under an MRA is requested.
    (b) The Coast Guard Certificate of Approval will clearly identify 
that the product is approved to the foreign requirements under the MRA.


Sec.  159-003-7  Multiple approval numbers.

    A product will not be issued a Coast Guard approval number by the 
Coast Guard if it already holds a Coast Guard approval number issued by 
a foreign authority under a Mutual Recognition Agreement.


Sec.  159-003-9  Products covered by Mutual Recognition Agreements 
(MRAs).

    A complete list of equipment and materials approved by the Coast 
Guard under an MRA, as well as detailed information on marking and 
identifying items approved by foreign authorities under an MRA, is 
available online at http://cgmix.uscg.mil/Equipment/Default.aspx.
0
173. Amend Sec.  159.010-3 to revise paragraph (a)(2) to read as 
follows:


Sec.  159.010-3  Independent laboratory: Standards for acceptance.

    (a) * * *
    (2) Possess or have access to the apparatus, facilities, personnel, 
and calibrated instruments that are necessary to inspect and test the 
equipment or material under the applicable subpart. In addition, for 
testing conducted on or after July 1, 2012, on equipment subject to 
SOLAS requirements, they must have ISO/IEC 17025:2005 accreditation 
from an accreditation body that is a full member of the International 
Laboratory Accreditation Cooperation (ILAC) or a recognized 
accreditation body by the National Cooperation for Laboratory 
Accreditation (NACLA);
* * * * *

PART 160--LIFESAVING EQUIPMENT

0
174. The authority citation for part 160 continues to read as follows:

    Authority:  46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234; 45 
FR 58801; 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; and Department of 
Homeland Security Delegation No. 0170.1.

[[Page 2328]]

Subpart 160.900 [Removed]

0
175. Remove subpart 160.900.

PART 161--ELECTRICAL EQUIPMENT

0
176. The authority citation for part 161 continues to read as follows:

    Authority:  46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.

Subpart 161.002--Fire Detection Systems

0
177. Revise the heading for subpart 161.002 to read as set forth above.
0
178. Revise Sec.  161.002-1 to read as follows:


Sec.  161.002-1  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Lifesaving and Fire Safety Division (CG-ENG-4), 2703 
Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-
7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) FM Global, ATTN: Librarian, 1151 Boston-Providence Turnpike, 
Norwood, MA 02062, 877-364-6726, http://www.fmglobal.com.
    (1) ANSI FM 3260, American National Standard for Radiant Energy-
Sensing Fire Detectors for Automatic Fire Alarm Signaling, February 
2004, IBR approved for Sec.  161.002-6(b).
    (2) [Reserved]
    (c) International Electrotechnical Commission (IEC), 3, Rue de 
Varembe, Geneva, Switzerland, +41 22 919 02 11, http://www.iec.ch/.
    (1) IEC 60092-504, Electrical Installations in Ships--Part 504: 
Special Features--Control and Instrumentation, 2001 (``IEC 60092-
504''), IBR approved for Sec.  161.002-6(c) and (d).
    (2) [Reserved]
    (d) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org.
    (1) International Code for Fire Safety Systems (FSS Code), 2007 
Edition, IBR approved for Sec.  161.002-15(b).
    (2) [Reserved]
    (e) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 72, National Fire Alarm Code, 2010 Edition (``NFPA 72''), 
IBR approved for Sec.  161.002-10(b).
    (2) [Reserved]
    (f) Underwriters Laboratories, Inc. (UL), 333 Pfingsten Road 
Northbrook, IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 38, Standard for Manual Signaling Boxes for Fire Alarm 
Systems, 2008, IBR approved for Sec.  161.002-6(b).
    (2) UL 268, Standard for Smoke Detectors for Fire Protective 
Signaling Systems, 2009, IBR approved for Sec.  161.002-6(b).
    (3) UL 464, Standard for Audible Signaling Appliances, 2009, IBR 
approved for Sec.  161.002-6(b).
    (4) UL 521, Standard for Heat Detectors for Fire Protective 
Signaling Systems, 1999, IBR approved for Sec.  161.002-6(b).
    (5) UL 864, Standard for Control Units and Accessories for Fire 
Alarm Systems, 2003, IBR approved for Sec. Sec.  161.002-6(b) and 
161.002-15(d).
    (6) UL 1480, Standard for Speakers for Fire Alarm, Emergency, and 
Commercial and Professional Use, 2003, IBR approved for Sec.  161.002-
6(b).
    (7) UL 1971, Standard for Signaling Devices for the Hearing 
Impaired, 2002, IBR approved for Sec.  161.002-6(b).
0
179. Revise Sec.  161.002-2 to read as follows:


Sec.  161.002-2  Definitions.

    In this subpart, the term:
    Device means individual components (e.g. detectors, control panels, 
alarms, etc.) that are used to comprise a fire detection system. 
Devices may receive Coast Guard approval in accordance with Sec.  
161.002-19 of this subpart.
    Fire detection or fire detection and alarm systems system means a 
complete detection system that is designed to give warning of the 
presence of fire or smoke in the protected spaces. A complete system 
includes normal and emergency power supplies, control units, remote 
annunciator panels, fire detectors and/or smoke detectors, manual pull 
stations, and audible and visual alarms, which are distinct from the 
alarms of any other system not indicating fire.
    Listed means equipment or materials included in a list published by 
an organization that is an accepted independent laboratory, as defined 
in 46 CFR 159.010, or a nationally recognized testing laboratory, as 
set forth in 29 CFR 1910.7, whose listing states that either the 
equipment or material meets appropriate designated standards.
    Nationally recognized testing laboratory (NRTL) means an 
organization that the Occupational Safety and Health Administration 
(OSHA) has recognized as meeting the requirements in 29 CFR 1910.7. 
These requirements are for the capability, control programs, complete 
independence, and reporting and complaint-handling procedures to test 
and certify specific types of products for workplace safety. This 
means, in part, that an organization must have the necessary capability 
both as a product safety testing laboratory and as a product 
certification body to receive OSHA recognition as an NRTL.
    Sample extraction smoke detection systems means systems that 
collect and analyze air samples from protected spaces in order to 
detect products of combustion. A complete system includes a control 
unit, a blower box, accumulators, and a piping system with associated 
fittings.


Sec.  161.002-3  [Removed and Reserved]

0
180. Remove and reserve Sec.  161.002-3.

0
181. Revise Sec.  161.002-4 to read as follows:


Sec.  161.002-4  General requirements.

    (a) The purpose of fire detection systems is to give warning of the 
presence of fire in the protected spaces. To meet this end, the basic 
requirements of these systems are reliability, sturdiness, simplicity 
of design, ease of servicing, and the ability to withstand shipboard 
shock and vibration and the adverse effects of sea humidity. All fire 
detection systems must be designed, constructed, tested, marked, and 
installed according to the applicable standards as incorporated by 
reference in Sec.  161.002-1 of this subpart and 46 CFR, subchapter J 
(Electrical Engineering) of this chapter.
    (b) Approvals for detection systems issued before [180 DAYS AFTER 
DATE OF PUBLICATION OF FINAL RULE] will remain valid until [2 YEARS AND 
180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE].
    (c) Detection systems installed, with a valid approval, before [2 
YEARS AND 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE] may be 
maintained onboard vessels and repaired as indicated in 46 CFR 76.27-
80(d).

0
182. Add new Sec.  161.002-6 to read as follows:

[[Page 2329]]

Sec.  161.002-6  Testing Requirements.

    (a) Devices must be tested and listed for fire service by an 
accepted independent laboratory, as accepted in accordance with Sec.  
159.010 of this subchapter, or by a NRTL as set forth in 29 CFR 1910.7.
    (b) Each fire detection device must comply with the following 
standards (incorporated by reference, see Sec.  161.002-1) as 
appropriate:
    (1) Control units--UL 864, Standard for Control Units and 
Accessories for Fire Alarm Systems, 2003.
    (2) Heat detectors--UL 521, Standard for Heat Detectors for Fire 
Protective Signaling Systems, 1999.
    (3) Smoke detectors--UL 268, Standard for Smoke Detectors for Fire 
Protective Signaling Systems, 2009.
    (4) Flame detectors--ANSI FM 3260, American National Standard for 
Radiant Energy-Sensing Fire Detectors for Automatic Fire Alarm 
Signaling, February 2004.
    (5) Audible alarms--UL 464, Standard for Audible Signaling 
Appliances, 2009 or UL 1480, Standard for Speakers for Fire Alarm, 
Emergency, and Commercial and Professional Use, 2003.
    (6) Visual alarms--UL 1971, Standard for Signaling Devices for the 
Hearing Impaired, 2002.
    (7) Manual Signaling Boxes--UL 38, Standard for Manual Signaling 
Boxes for Fire Alarm Systems, 2008.
    (c) All devices must be tested by an accepted independent 
laboratory, as defined in Sec.  159.010 of this subchapter, to meet the 
marine environment testing requirements in Table 161.002-6(c) of this 
section. The test parameters are found in IEC 60092-504 (incorporated 
by reference, see Sec.  161.002-1).

                          Table 161.002-6(c)--Marine Environmental Testing Requirements
----------------------------------------------------------------------------------------------------------------
                                                             Category 1         Category 2         Category 3
                                                        --------------------------------------------------------
                                                                                               Spaces containing
         IEC 60092-504 Environmental type test             All spaces not   Open deck or open    navigation or
                                                          Category 2 or 3       to weather       communication
                                                                                                   equipment
----------------------------------------------------------------------------------------------------------------
1--Visual inspection...................................                 X                  X                  X
2--Functional test.....................................                 X                  X                  X
3--High voltage test...................................                 X                  X                  X
4a--Power supply variations............................                 X                  X                  X
4b--Power supply failure...............................                 X                  X                  X
5--Insulation resistance...............................                 X                  X                  X
6--Cold with gradual temp. change......................        X (5 [deg]C)     X (-25 [deg]C)       X (5 [deg]C)
7--Dry heat with gradual temp. change..................       X (55 [deg]C)      X (55 [deg]C)      X (55 [deg]C)
8--Damp heat, cyclic...................................                 X                  X                  X
9--Salt mist...........................................  .................                 X   .................
10--Vibration (sinusoidal).............................                 X                  X                  X
11b--Inclination, dynamic..............................              X\1\               X\1\               X\1\
13--Electrostatic discharge............................                 X                  X                  X
14--Electromagnetic field..............................                 X                  X                  X
15--Conducted low frequency............................                 X                  X                  X
16(a)--Conducted radio frequency (3 V rms).............                 X   .................  .................
16(b)--Conducted radio frequency (10 V r.m.s.).........  .................                 X                  X
17--Burst/fast transients..............................                 X                  X                  X
18--Surge/slow transients..............................                 X                  X                  X
19(a)--Radiated emission (general power)...............                 X   .................  .................
19(b)--Radiated emission (bridge and deck zone)........  .................                 X                  X
20(a)--Conducted emission (general power)..............                 X   .................  .................
20(b)--Conducted emission (bridge and deck zone).......  .................                 X                 X
----------------------------------------------------------------------------------------------------------------
\1\ This test only needs to be completed if the device is in a location with moving mechanical parts.

    (d) All fire detection system control units and remote annunciators 
must have enclosure protection as outlined in part 5 of IEC 60092-504 
(incorporated by reference, see Sec.  161.002-1) if the requirements 
exceed those of 46 CFR 111.01-9 of subchapter J. Otherwise, 46 CFR 
111.01-9 must be complied with.

0
183. Revise Sec.  161.002-8 to read as follows:


Sec.  161.002-8  Fire detection systems, general requirements.

    (a) General. A fire detection system must consist of a power 
supply; a control unit on which visible and audible fire and trouble 
signaling indicators are located; fire and/or smoke detectors; and fire 
and/or smoke detector circuits, as required, originating from the 
control unit. Power failure alarm devices may be separately housed from 
the control unit and may be combined with other power failure alarm 
systems when specifically approved.
    (b) [Reserved]
0
184. Revise Sec.  161.002-9 to read as follows:


Sec.  161.002-9  Fire detection system, power supply.

    The power supply for a fire detection system must meet the 
requirements of Sec.  113.10-9 of 46 CFR, subchapter J (Electrical 
Engineering) of this chapter.
0
185. Revise Sec.  161.002-10 to read as follows:


Sec.  161.002-10  Fire detection system control unit.

    (a) General. The fire detection system control unit must meet the 
requirements of Sec.  111.01-9 of 46 CFR, subchapter J (Electrical 
Engineering) of this chapter.
    (b) Electrical supervision--Circuits. The circuits must comply with 
Chapter 23 of NFPA 72 (incorporated by reference, see Sec.  161.002-1), 
and must be Class A or Class X pathway.


Sec.  161.002-12  [Removed]

0
186. Remove Sec.  161.002-12.


Sec.  161.002-14  [Removed]

0
187. Remove Sec.  161.002-14.
0
188. Revise Sec.  161.002-15 to read as follows:

[[Page 2330]]

Sec.  161.002-15  Sample extraction smoke detection systems.

    (a) General. The sample extraction smoke detection system must 
consist of a means for continuously exhausting an air sample from the 
protected spaces and testing the air for contamination with smoke, 
together with visual and audible alarms for indicating the presence of 
smoke.
    (b) Design. The sample extraction smoke detection system must be 
designed and capable of being installed in accordance with 46 CFR, 
subchapter J (Electrical Engineering) of this chapter and the FSS Code 
(incorporated by reference, see Sec.  161.002-1).
    (c) Power Supply. The power supply for the sample extraction smoke 
detection system must meet the requirements of Sec.  113.10-9 of 46 
CFR, subchapter J (Electrical Engineering) of this chapter.
    (d) Control Unit Standards. The control unit must be listed by 
either a NRTL as set forth in 29 CFR 1910.7 or an independent 
laboratory that is accepted by the Commandant under part 159 of this 
chapter. The listing must be to the standards specified in 2.2.6 of 
Chapter 10 of the annex of IMO Resolution MSC.292(87), or UL 864 
(incorporated by reference, see Sec.  161.002-1).
0
189. Amend Sec.  161.002-18 as follows:
0
a. Revise the section heading to read as follows;
0
b. In paragraph (a) introductory text, remove the text ``(CG-521)'' and 
add, in its place, the text ``(CG-ENG-4)'';
0
c. In paragraph (a)(2), after the words ``including information 
concerning installation,'', add the words ``maintenance, 
limitations,'';
0
d. Revise paragraph (a)(3) to read as follows;
0
e. Redesignate paragraph (a)(4) as paragraph (a)(5);
0
f. Add new paragraph (a)(4) to read as follows;
0
g. In newly redesignated paragraph (a)(5), remove the word 
``annunicator'' and add, in its place, the word ``annunciator'';
0
h. In paragraph (c) introductory text, remove the word ``shall'' and 
add, in its place, the word ``must''; and after the words ``in 
paragraphs'' remove the text ``(a)(4)(i) through (a)(4)(iii)'' and add, 
in its place, the text ``(a)(5)(i) through (a)(5)(iii)'';
0
i. In paragraph (d)(2), after the word ``paragragh'', remove the text 
``(a)(4)'' and add, in its place, the text ``(a)(5)'';
0
j. In paragraph (d)(3), remove the words ``the testing and listing or 
certification of fire-protective systems indicating compliance with the 
standards and compatibility with the system'' and add, in their place, 
the words ``or an NRTL as set forth in 29 CFR 1910.7 is required to 
document compliance with Sec.  161.002-6 of this subpart.''; and
0
k. In paragraph (e), after the words ``in paragraphs'' remove the text 
``(a)(4)(i) through (a)(4)(iii)'' and add, in its place, the text 
``(a)(5)(i) through (a)(5)(iii)''.


Sec.  161.002-18  System method of applications for type approval.

    (a) * * *
    (3) Proof of listing the system devices meeting the requirements of 
Sec.  161.002-4(a) of this subpart.
    (4) One copy of the complete test report(s) meeting the 
requirements of Sec.  161.002-6 of this subpart generated by an 
independent laboratory accepted by the Commandant under part 159 of 
this chapter or an NRTL as set forth in 29 CFR 1910.7. A current list 
of Coast Guard accepted laboratories may be obtained from the following 
Web site: http://cgmix.uscg.mil/. A current list of NRTLs may be 
obtained from the following Web site: http://www.osha.gov/dts/otpca/nrtl/index.html.
* * * * *
0
190. Add Sec.  161.002-19 to read as follows:


Sec.  161.002-19  Device method of application for type approval.

    (a) The manufacturer must submit the following material to 
Commandant (CG-ENG-4), U.S. Coast Guard Headquarters, 2703 Martin 
Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509:
    (1) A formal written request that the device be reviewed for 
approval.
    (2) Three copies of 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.  
161.002-4(a) of this subpart.
    (4) One copy of the complete test report(s) meeting the 
requirements of Sec.  161.002-6 of this subpart generated by an 
independent laboratory accepted by the Commandant under part 159 of 
this chapter or an NRTL as set forth in 29 CFR 1910.7. A current list 
of Coast Guard accepted laboratories may be obtained from the following 
Web site: http://cgmix.uscg.mil/. A current list of NRTLs may be 
obtained from the following Web site: http://www.osha.gov/dts/otpca/nrtl/index.html.
    (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.  
161.002-4(a) of this subpart; and
    (4) A report by an independent laboratory accepted by the 
Commandant under part 159 of this chapter or an NRTL as set forth in 29 
CFR 1910.7 is required to document compliance with Sec.  161.002-6 of 
this subpart.
    (c) If the Coast Guard approves the device or a revision to a 
device, it issues a certificate, normally valid for a 5-year term.

PART 162--ENGINEERING EQUIPMENT

0
191. The authority citation for part 162 continues 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; Department of 
Homeland Security Delegation No. 0170.1.

Subpart 162.027--Combination Firehose Nozzles

0
192. Revise the heading for subpart 162.027 to read as set forth above.
0
193. Redesignate Sec. Sec.  162.027-1, 162.027-2, and 162.027-3 as 
Sec. Sec.  162.027-2, 162.027-3, and 162.027-4, respectively, and add 
new Sec.  162.027-1 to read as follows:


Sec.  162.027-1  Scope.

    This subpart prescribes requirements for approval of combination 
firehose nozzles.
0
194. Revise newly redesignated Sec.  162.027-2 to read as follows:


Sec.  162.027-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish a notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

[[Page 2331]]

    (b) ASTM International (formerly American Society for Testing and 
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 
610-832-9500, http://www.astm.org.
    (1) ASTM F 1546/F 1546 M-96, Standard Specification for Firehose 
Nozzles, 2006 (``ASTM F 1546''), IBR approved for Sec. Sec.  162.027-
3(a), (b), and (c), and 162.027-4(a) and (c).
    (2) [Reserved]
    (c) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 1964 Standard for Spray Nozzles, 2008 Edition (``NFPA 
1964''), IBR approved for Sec. Sec.  162.027-3(a), (b), and (c) and 
162.027-4(a), (c), and (d).
    (2) [Reserved]
0
195. Revise newly redesignated Sec.  162.027-3 to read as follows:


Sec.  162.027-3  Design, construction, testing, and marking 
requirements.

    (a) Each combination solid stream and water spray firehose nozzle 
required to be approved under the provisions of this subpart must be of 
brass or bronze, except for hardware and other incidental parts, which 
may be of rubber, plastic, or stainless steel, and designed, 
constructed, tested, and marked in accordance with the requirements of 
ASTM F 1546 or NFPA 1964 (incorporated by reference, see Sec.  162.027-
2).
    (b) All inspections and tests required by ASTM F 1546 or NFPA 1964 
must be performed by an independent laboratory accepted by the Coast 
Guard under subpart 159.010 of this chapter. A list of independent 
laboratories accepted by the Coast Guard as meeting subpart 159.010 of 
this chapter may be obtained by contacting the Commandant (CG-ENG).
    (c) The independent laboratory must prepare a report on the results 
of the testing and must furnish the manufacturer with a copy of the 
test report upon completion of the testing required by ASTM F 1546 or 
NFPA 1964.
0
196. Revise newly redesignated Sec.  162.027-4 to read as follows:


Sec.  162.027-4  Approval procedures.

    (a) Firehose nozzles designed, constructed, tested, and marked in 
accordance with ASTM F 1546 or NFPA 1964 (incorporated by reference, 
see Sec.  162.027-2) are considered to be approved under the provisions 
of this chapter.
    (b) Firehose nozzles designed, constructed, tested, and marked in 
accordance with the provisions of this subpart in effect prior to June 
24, 1996, are considered to be approved under the provisions of this 
chapter.
    (c) A follow-up program must be established and maintained to 
ensure that no unauthorized changes have been made to the design or 
manufacture of type approved firehose nozzles. Acceptable follow-up 
programs include factory inspection programs administered by the 
accepted independent laboratory that performed the initial inspections 
and tests relied on by the type approval holder, or special 
configuration control programs implemented through a quality control 
flow chart and core procedures administered by the manufacturer and 
certified by an international standards agency such as the 
International Organization for Standardization (ISO).
    (d) Applicants seeking type approval of firehose nozzles must 
assemble a submittal package consisting of--
    (i) A cover letter requesting type approval of the equipment;
    (ii) A test report from the accepted independent laboratory showing 
compliance of the firehose nozzle with ASTM F 1546 or NFPA 1964;
    (iii) A copy of the contract for a follow-up program with the 
accepted independent laboratory or evidence of an ISO 9001 certified 
special configuration control program or similar program implemented 
through a quality control flow chart and core procedure; and
    (iv) Documentation of the firehose nozzle, including an exterior 
drawing, assembly drawing, components list, and bill of material.
    (e) All documentation must be mailed to Commandant (CG-ENG-4), 
United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 
7509, Washington, DC 20593-7509.
    (f) Upon examination of the submittal package and approval by the 
Commandant, a Coast Guard Certificate of Approval will be issued valid 
for 5 years so long as the follow-up program for the firehose nozzle is 
maintained.
    (g) Upon application, a Certificate of Approval for a firehose 
nozzle may be renewed for successive 5-year periods without further 
testing so long as no changes have been made to the products, the 
follow-up program has been maintained, and no substitutions of or 
changes to the standards listed in Sec.  162.027-2 of this subpart have 
been made.
0
197. Revise Sec.  162.028-1 to read as follows:


Sec.  162.028-1  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish a notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition 
(``NFPA 10''), IBR approved for Sec.  162.028-2(a).
    (2) [Reserved]
    (c) Underwriters Laboratories Inc. (UL), 333 Pfingsten Road 
Northbrook, IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 8, Standard for Foam Fire Extinguishers, Sixth Edition, 
2005, IBR approved for Sec.  162.028-3(a).
    (2) UL 154, Standard for Carbon-Dioxide Fire Extinguishers, Ninth 
Edition, 2005, IBR approved for Sec.  162.028-3(a).
    (3) UL 299, Standard for Dry Chemical Fire Extinguishers, Tenth 
Edition, 2002, IBR approved for Sec.  162.028-3(a).
    (4) UL 626, Standard for 2\1/2\-Gallon Stored Pressure, Water-Type 
Fire Extinguishers, Eighth Edition, 2005, IBR approved for Sec.  
162.028-3(a).
    (5) UL 711, Standard for Rating and Testing of Fire Extinguishers, 
Seventh Edition, 2004, IBR approved for Sec. Sec.  162.028-2(a) and 
162.028-3(a).
    (6) UL 2129, Standard for Halocarbon Agent Fire Extinguishers, 
Second Edition, 2005, IBR approved for Sec.  162.028-3.
0
198. Amend Sec.  162.028-2 by revising paragraph (a) to read as 
follows:


Sec.  162.028-2  Classification.

    (a) Portable and semi-portable extinguishers must be marked with a 
combined number and letter designation. The letter designates the 
general class of fire for which the extinguisher is suitable as 
identified in NFPA 10 (incorporated by reference, see Sec.  162.028-1). 
The number indicates the relative extinguishing potential of the

[[Page 2332]]

device as rated by UL 711 (incorporated by reference, see Sec.  
162.028-1).
* * * * *
0
199. Revise Sec.  162.028-3 to read as follows:


Sec.  162.028-3  Requirements.

    (a) In addition to the requirements of this subpart, every portable 
fire extinguisher must be tested and listed for marine use by a 
recognized laboratory as defined in 46 CFR 159.001-3, and must comply 
with the following standards (incorporated by reference, see Sec.  
162.028-1), as appropriate:
    (1) UL 8, Standard for Foam Fire Extinguishers;
    (2) UL 154, Standard for Carbon-Dioxide Fire Extinguishers;
    (3) UL 299, Standard for Dry Chemical Fire Extinguishers;
    (4) UL 626, Standard for 2\1/2\-Gallon Stored Pressure, Water-Type 
Fire Extinguishers;
    (5) UL 711, Standard for Rating and Testing of Fire Extinguishers; 
and
    (6) UL 2129, Standard for Halocarbon Agent Fire Extinguishers.
    (b) Every portable fire extinguisher must be self-contained; when 
charged, it must not require any additional source of extinguishing 
agent or expellant energy for its operation during the time it is being 
discharged. It must weigh no more than 50 pounds when fully charged.
    (c) Every portable fire extinguisher must be supplied with a 
suitable bracket which will hold the extinguisher securely in its 
stowage location on vessels or boats, and which is arranged to provide 
quick and positive release of the extinguisher for immediate use. 
During vibration testing, the extinguisher must be tested in the marine 
bracket.
    (d) Every portable extinguisher may be additionally examined and 
tested to establish its reliability and effectiveness in accordance 
with the intent of this specification for a ``marine type'' portable 
fire extinguisher when considered necessary by the Coast Guard or by 
the recognized laboratory.
0
200. Amend Sec.  162.028-4 by revising paragraph (a) to read as 
follows:


Sec.  162.028-4  Marine type label.

    (a) In addition to all other markings, every portable extinguisher 
must bear a label containing Coast Guard approval number, thus: 
``Marine Type USCG Type Approval No. 162.028/------.''
* * * * *
0
201. Revise Sec.  162.028-5 to read as follows:


Sec.  162.028-5  Recognized laboratories.

    A list of recognized independent laboratories that can perform 
approval tests of portable fire extinguishers is available from the 
Commandant and online at http://cgmix.uscg.mil.
0
202. Revise Sec.  162.028-7 to read as follows:


Sec.  162.028-7  Procedure for listing and labeling.

    (a) Manufacturers having models of extinguishers they believe are 
suitable for marine service may make application for listing and 
labeling of such product as a ``marine-type'' portable fire 
extinguisher by addressing a request directly to a recognized 
laboratory. The laboratory will inform the submitter as to the 
requirements for inspection, examinations, and testing necessary for 
such listing and labeling. All costs in connection with the 
examinations, tests, inspections, listing, and labeling are payable by 
the manufacturer.
    (b) [Reserved]

Subpart 162.039--Extinguishers, Fire, Semi-Portable, Marine Type

0
203. Revise the heading for subpart 162.039 to read as set forth above.
0
204. Revise Sec.  162.039-1 to read as follows:


Sec.  162.039-1  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish a notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 
Edition, (``NFPA 10''), IBR approved for Sec.  162.039-2(a).
    (2) [Reserved]
    (c) Underwriters Laboratories Inc. (UL), 333 Pfingsten Road 
Northbrook, IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 8, Standard for Foam Fire Extinguishers, Sixth Edition, 
2005, IBR approved for Sec.  162.039-3(a).
    (2) UL 154, Standard for Carbon-Dioxide Fire Extinguishers, Ninth 
Edition, 2005, IBR approved for Sec.  162.039-3(a).
    (3) UL 299, Standard for Dry Chemical Fire Extinguishers, Tenth 
Edition, 2002, IBR approved for Sec.  162.039-3(a).
    (4) UL 626, Standard for 2\1/2\-Gallon Stored Pressure, Water-Type 
Fire Extinguishers, Eighth Edition, 2005, IBR approved for Sec.  
162.039-3(a).
    (5) UL 711, Standard for Rating and Testing of Fire Extinguishers, 
Seventh Edition, 2004, IBR approved for Sec. Sec.  162.039-2(a) and 
162.039-3(a).
    (6) UL 2129, Standard for Halocarbon Agent Fire Extinguishers, 
Second Edition, 2005, IBR approved for Sec.  162.039-3(a).
0
205. Amend Sec.  162.039-2 to revise paragraph (a) to read as follows:


Sec.  162.039-2  Classification.

    (a) Portable and semi-portable extinguishers must be marked with a 
combined number and letter designation. The letter designates the 
general class of fire for which the extinguisher is suitable as 
identified in NFPA 10 (incorporated by reference, see Sec.  162.039-1). 
The number indicates the relative extinguishing potential of the device 
as rated by UL 711 (incorporated by reference, see Sec.  162.039-1).
    (b) [Reserved]
0
206. Revise Sec.  162.039-3 to read as follows:


Sec.  162.039-3  Requirements.

    (a) In addition to the requirements of this subpart, every semi-
portable fire extinguisher must be tested and listed for marine use by 
a recognized laboratory as defined in 46 CFR 159.001-3, and must comply 
with the following standards (incorporated by reference, see Sec.  
162.039-1), as appropriate:
    (1) UL 8, Standard for Foam Fire Extinguishers;
    (2) UL 154, Standard for Carbon-Dioxide Fire Extinguishers;
    (3) UL 299, Standard for Dry Chemical Fire Extinguishers;
    (4) UL 626, Standard for 2\1/2\-Gallon Stored Pressure, Water-Type 
Fire Extinguishers;
    (5) UL 711, Standard for Rating and Testing of Fire Extinguishers; 
and
    (6) UL 2129, Standard for Halocarbon Agent Fire Extinguishers.
    (b) Every semi-portable fire extinguisher must be self-contained;

[[Page 2333]]

when charged, it must not require any additional source of 
extinguishing agent or expellant energy for its operation during the 
time it is being discharged. It must weigh more than 50 pounds, when 
fully charged.
    (c) Every semi-portable fire extinguisher must be supplied with a 
suitable bracket which will hold the extinguisher securely in its 
stowage location on vessels or boats, and which is arranged to provide 
quick and positive release of the extinguisher for immediate use.
    (d) Every semi-portable extinguisher may be additionally examined 
and tested to establish its reliability and effectiveness in accordance 
with the intent of this specification for a ``marine type'' semi-
portable fire extinguisher when considered necessary by the Coast Guard 
or by the recognized laboratory.
0
207. Revise Sec.  162.039-4 to read as follows:


Sec.  162.039-4  Marine type label.

    (a) In addition to all other markings, every semi-portable 
extinguisher must bear a label containing the ``marine type'' listing 
manifest issued by a recognized laboratory. This label will include the 
Coast Guard approval number, thus: ``Marine Type USCG Type Approval No. 
162.039/------.''
    (b) All such labels are to be obtained only from the recognized 
laboratory and will remain under its control until attached to a 
product found acceptable under its inspection and labeling program.
0
208. Revise Sec.  162.039-5 to read as follows:


Sec.  162.039-5  Recognized laboratories.

    (a) A list of recognized independent laboratories that can perform 
approval tests of semi-portable fire extinguishers is available from 
the Commandant and online at http://cgmix.uscg.mil.
    (b) [Reserved]
0
209. Amend Sec.  162.039-7, by revising first sentence in paragraph (a) 
to read as follows.


Sec.  162.039-7  Procedure for listing and labeling.

    (a) Manufacturers having models of extinguishers they believe are 
suitable for marine service may make application for listing and 
labeling of such product as a ``marine type'' semi-portable fire 
extinguisher by addressing a request directly to a recognized 
laboratory. * * *
* * * * *
0
210. Add subpart 162.163 to read as follows:
Subpart 162.163--Portable Foam Applicators
Sec.
162.163-1 Scope.
162.163-2 Incorporation by reference.
162.163-3 Performance, design, construction, testing, and marking 
requirements.
162.163-4 Approval procedures.

Subpart 162.163--Portable Foam Applicators


Sec.  162.163-1  Scope.

    This subpart prescribes requirements for approval of portable foam 
applicators, each consisting of a portable foam nozzle, eductor, pick-
up tube, and a portable supply of foam concentrate, in ro-ro spaces and 
certain machinery spaces, as required by the International Convention 
for the Safety of Life at Sea (SOLAS).


Sec.  162.163-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish a notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) Underwriters Laboratories (UL), 333 Pfingsten Road Northbrook, 
IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 162, Standard for Foam Equipment and Liquid Concentrates, 
Seventh Edition, 1994, IBR approved for Sec. Sec.  162.163-3(d), (e), 
and (f) and 162.163-4(a) and (c).
    (2) [Reserved]


Sec.  162.163-3  Performance, design, construction, testing, and 
marking requirements.

    (a) The portable foam applicator must produce foam suitable for 
extinguishing an oil fire at a minimum foam solution rate of 200 l/min 
(53 gpm).
    (b) The portable foam applicator must have a portable tank 
containing 20 liters or more of foam concentrate, along with one 20-
liter spare tank. The Coast Guard has deemed available 5-gallon (19 
liter) foam concentrate pails as the equivalent of, and an acceptable 
substitute for, the 20-liter tanks.
    (c) This portable foam applicator provision may be complied with by 
the carriage of either--
    (1) Type approved portable foam applicators, with either integral 
or separate eductors of fixed percentage and foam concentrate designed, 
constructed, tested, marked, and approved under the provisions of this 
section and Sec.  162.163-4 of this subpart; or
    (2) Components and foam concentrate that are parts of type approved 
deck and heli-deck foam systems approved under the provisions of Sec.  
162.033 of this part. Suitable components include mechanical foam 
nozzles with pick-up tubes, and mechanical foam nozzles with separate 
inline eductors, along with the corresponding foam concentrate.
    (d) Each portable foam applicator required to be approved under the 
provisions of this subpart must be of brass or bronze, except for 
hardware and other incidental parts which may be of rubber, plastic, or 
stainless steel and, in combination with a foam concentrate, must be 
designed, constructed, tested, and marked in accordance with the 
requirements of UL 162 (incorporated by reference, see Sec.  162.163-
1).
    (e) All inspections and tests required by UL 162 must be performed 
by an independent laboratory accepted by the Coast Guard under subpart 
159.010 of this chapter. A list of independent laboratories accepted by 
the Coast Guard as meeting subpart 159.010 of this chapter may be 
obtained by contacting the Commandant (CG-ENG).
    (f) The independent laboratory must prepare a report on the results 
of the testing and must furnish the manufacturer with a copy of the 
test report upon completion of the testing required by UL 162.


Sec.  162.163-4  Approval procedures.

    (a) Portable foam applicators designed, constructed, tested, and 
marked in accordance with UL 162 (incorporated by reference, see Sec.  
162.163-1) are considered to be approved under the provisions of this 
chapter.
    (b) A follow-up program must be established and maintained to 
ensure that no unauthorized changes have been made to the design or 
manufacture of type approved portable foam applicators and foam 
concentrates. Factory inspection programs administered by the accepted 
independent laboratory

[[Page 2334]]

that performed the initial inspections and tests relied on by the type 
approval holder are acceptable.
    (c) Applicants seeking type approval of portable foam applicators 
must assemble a submittal package consisting of--
    (i) A cover letter requesting type approval of the equipment;
    (ii) A test report from the accepted independent laboratory showing 
compliance of the portable foam applicator with UL 162;
    (iii) A copy of the contract for a follow-up program with the 
accepted independent laboratory; and
    (iv) Documentation of the portable foam applicator, including an 
exterior drawing, assembly drawing, components list, and bill of 
material.
    (d) All documentation must be mailed to Commandant (CG-ENG-4), 
United States Coast Guard, 2703 Martin Luther King Jr. Avenue SE., Stop 
7509, Washington, DC 20593-7509.
    (e) Upon examination of the submittal package and approval by the 
Commandant, a Coast Guard Certificate of Approval will be issued valid 
for 5 years so long as the follow-up program for the portable foam 
applicator is maintained.
    (f) Upon application, a Certificate of Approval for a portable foam 
applicator may be renewed for successive 5-year periods without further 
testing so long as no changes have been made to the products, the 
follow-up program has been maintained, and no substitutions of or 
changes to the standard listed in Sec.  162.163-1 of this subpart have 
been made.

PART 164--MATERIALS

0
211. The authority citation for part 164 continues to read as follows:

    Authority:  46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

0
212. Add Sec.  164.006-6 to read as follows:


Sec.  164.006-6  Alternative Materials.

    Products approved under approval series 164.106 may be used where 
products approved under this subpart are required.
0
213. Add Sec.  164.007-10 to read as follows:


Sec.  164.007-10  Alternative materials.

    Products approved under approval series 164.107 may be used where 
products approved under this subpart are required.
0
214. Add Sec.  164.008-8 to read as follows:


Sec.  164.008-8  Alternative materials.

    Products approved under approval series 164.108 may be used where 
products approved under this subpart are required.
0
215. Add Sec.  164.009-26 to read as follows:


Sec.  164.009-26  Alternative materials.

    Products approved under approval series 164.109 may be used where 
products approved under this subpart are required.
0
216. Add Sec.  164.012-16 to read as follows:


Sec.  164.012-16  Alternative materials.

    Products approved under approval series 164.112 may be used where 
products approved under this subpart are required.
0
217. Add subpart 164.105 to read as follows:
Subpart 164.105--Deck Assemblies (A-60) for SOLAS Vessels
Sec.
164.105-1 Scope.
164.105-2 Incorporation by reference.
164.105-3 Testing, marking, and inspection requirements.
164.105-4 Approval procedures.

Subpart 164.105--Deck Assemblies (A-60) for SOLAS Vessels


Sec.  164.105-1  Scope.

    This subpart prescribes requirements for approval of deck 
assemblies (A-60) for SOLAS vessels as required by the International 
Convention for the Safety of Life at Sea (SOLAS).


Sec.  164.105-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.105-3(a).
    (2) [Reserved]


Sec.  164.105-3  Testing, marking, and inspection requirements.

    (a) Each deck assembly submitted for type approval must be tested 
for non-combustibility under Annex 1, Part 1 and then tested for fire 
resistance under Annex 1, Part 3 of the FTP Code (incorporated by 
reference, see Sec.  164.105-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a deck assembly.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.105-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.

[[Page 2335]]

    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
218. Add subpart 164.106 to read as follows:
Subpart 164.106--Primary Deck Coverings for SOLAS Vessels
Sec.
164.106-1 Scope.
164.106-2 Incorporation by reference.
164.106-3 Testing, marking, and inspection requirements.
164.106-4 Approval procedures.

Subpart 164.106--Primary Deck Coverings for SOLAS Vessels


Sec.  164.106-1  Scope

    This subpart prescribes requirements for approval of primary deck 
coverings for SOLAS vessels as required by the International Convention 
for the Safety of Life at Sea (SOLAS).


Sec.  164.106-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.106-3(a).
    (2) [Reserved]


Sec.  164.106-3  Testing, marking, and inspection requirements.

    (a) Each primary deck covering submitted for type approval must be 
tested in accordance with the flame spread procedures specified in Part 
6 of Annex 1 and the smoke density and toxicity criteria in Part 2 of 
Annex 1 of the FTP Code (incorporated by reference, see Sec.  164.106-
2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a primary deck covering.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.106-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
219. Add subpart 164.107 to read as follows:
Subpart 164.107--Structural Insulation (A-60) For SOLAS Vessels
Sec.
164.107-1 Scope.
164.107-2 Incorporation by reference.
164.107-3 Testing, marking, and inspection requirements.
164.107-4 Approval procedures.

Subpart 164.107--Structural Insulation (A-60) For SOLAS Vessels


Sec.  164.107-1  Scope.

    This subpart prescribes requirements for approval of structural 
insulation (A-60) for SOLAS vessels as required by the International 
Convention for the Safety of Life at Sea (SOLAS). Products approved 
under these requirements may be used in place of products required to 
be approved as meeting the requirements of Sec.  164.007 of this part.


Sec.  164.107-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or

[[Page 2336]]

go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.107-3(a).
    (2) [Reserved]


Sec.  164.107-3  Testing, marking, and inspection requirements.

    (a) Each structural insulation (A-60) submitted for type approval 
must be tested in accordance with the non-combustibility test under 
Annex 1, Part 1 and then tested for fire resistance under Annex 1, Part 
3 of the FTP Code (incorporated by reference, see Sec.  164.107-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a structural insulation.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.107-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
220. Add subpart 164.108 to read as follows:
Subpart 164.108--Bulkheads (B-0 and B-15) For SOLAS Vessels
Sec.
164.108-1 Scope.
164.108-2 Incorporation by reference.
164.108-3 Testing, marking, and inspection requirements.
164.108-4 Approval procedures.

Subpart 164.108--Bulkheads (B-0 and B-15) For SOLAS Vessels


Sec.  164.108-1  Scope.

    This subpart prescribes requirements for approval of bulkheads (B-0 
and B-15) for SOLAS vessels as required by the International Convention 
for the Safety of Life at Sea (SOLAS). Products approved under these 
requirements may be used in place of products required to be approved 
as meeting the requirements of Sec.  164.008 of this part.


Sec.  164.108-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.108-3(a).
    (2) [Reserved]


Sec.  164.108-3  Testing, marking, and inspection requirements.

    (a) Each bulkhead (B-0 & B-15) submitted for type approval must be 
tested in accordance with non-combustibility under Annex 1, Part 1 and 
then tested for fire resistance under Annex 1, Part 3 of the FTP Code 
(incorporated by reference, see Sec.  164.108-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a bulkhead.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.

[[Page 2337]]

Sec.  164.108-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
221. Add subpart 164.109 to read as follows:
Subpart 164.109--Non-combustible Materials (SOLAS)
Sec.
164.109-1 Scope.
164.109-2 Incorporation by reference.
164.109-3 Testing, marking, and inspection requirements.
164.109-4 Approval procedures.

Subpart 164.109--Non-combustible Materials (SOLAS)


Sec.  164.109-1  Scope.

    This subpart prescribes requirements for approval of non-
combustible materials for use on SOLAS vessels as required by the 
International Convention for the Safety of Life at Sea (SOLAS). 
Products approved under these requirements may be used in place of 
products required to be approved as meeting the requirements of Sec.  
164.009 of this part.


Sec.  164.109-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (2010 FTP Code), IBR 
approved for Sec.  164.109-3(a).
    (2) [Reserved]
    (c) International Standards Organization (ISO), Case postale 56, 
CH-1211 Geneva 20, Switzerland, +41 22 749 01 11, http://www.iso.org.
    (1) ISO 1182-2002 Reaction to fire tests for products--Non-
combustibility test, IBR approved for Sec.  164.109-3(a).
    (2) [Reserved]


Sec.  164.109-3  Testing, marking, and inspection requirements.

    (a) Non-combustible materials submitted for type approval must be 
tested in accordance with Annex 1, Part 1 of the FTP Code (incorporated 
by reference, see Sec.  164.109-2) except that ISO 1182-2002 
(incorporated by reference, see Sec.  164.109-2) may be used as an 
alternative to ISO 1182-1990. Five specimens must be tested and the 
test need not last longer than 30 minutes.
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a non-combustible 
material.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.109-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
222. Add subpart 164.110 to read as follows:
Subpart 164.110--Continuous Ceilings (B-0 and B-15) (SOLAS)
Sec.
164.110-1 Scope.
164.110-2 Incorporation by reference.
164.110-3 Testing, marking, and inspection requirements.
164.110-4 Approval procedures.

Subpart 164.110--Continuous Ceilings (B-0 and B-15) (SOLAS)


Sec.  164.110-1  Scope.

    This subpart prescribes requirements for approval of continuous 
ceilings (B-0 and B-15) for SOLAS vessels as required by the 
International

[[Page 2338]]

Convention for the Safety of Life at Sea (SOLAS).


164.110-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.110-3(a).
    (2) [Reserved]


Sec.  164.110-3  Testing, marking, and inspection requirements.

    (a) Continuous Ceilings (B-0 and B-15) (SOLAS) submitted for type 
approval must be tested for non-combustibility under Annex 1, Part 1 
and then tested for fire resistance under Annex 1, Part 3, Appendix 2 
of the FTP Code (incorporated by reference, see Sec.  164.110-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a continuous ceiling.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.110-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
223. Add subpart 164.111 to read as follows:
Subpart 164.111--Draperies, Curtains, and Other Suspended Textiles
Sec.
164.111-1 Scope.
164.111-2 Incorporation by reference.
164.111-3 Testing, marking, and inspection requirements.
164.111-4 Approval procedures.

Subpart 164.111--Draperies, Curtains, And Other Suspended Textiles


Sec.  164.111-1  Scope.

    This subpart prescribes requirements for approval of draperies, 
curtains, and other suspended textiles as required by the International 
Convention for the Safety of Life at Sea (SOLAS).


Sec.  164.111-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.111-3(a).
    (2) [Reserved]


Sec.  164.111-3  Testing, marking, and inspection requirements.

    (a) Draperies, curtains, and other suspended textiles submitted for 
type approval must be tested for qualities of resistance to the 
propagation of flame not inferior to those of wool of mass 0.8 kg/m\2\ 
under Annex 1, Part 7 of the FTP Code (incorporated by reference, see 
Sec.  164.111-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish

[[Page 2339]]

the materials of construction, chemical make-up, dimensions, 
tolerances, and other related factors needed to confirm product 
consistency during follow-up production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as draperies, curtains and 
other suspended textiles.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.111-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
224. Add subpart 164.112 to read as follows:
Subpart 164.112--Interior Finish (Bulkheads and Ceiling Finishes) 
(SOLAS)
Sec.
164.112-1 Scope.
164.112-2 Incorporation by reference.
164.112-3 Testing, marking, and inspection requirements.
164.112-4 Approval procedures.

Subpart 164.112--Interior Finish (Bulkheads and Ceiling Finishes) 
(SOLAS)


Sec.  164.112-1  Scope.

    This subpart prescribes requirements for approval of interior 
finishes (bulkheads and ceiling finishes) for SOLAS vessels as required 
by the International Convention for the Safety of Life at Sea (SOLAS). 
Products approved under these requirements may be used in place of 
products required to be approved as meeting the requirements of Sec.  
164.012 of this part.


Sec.  164.112-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.112-3(a).
    (2) [Reserved]


Sec.  164.112-3  Testing, marking, and inspection requirements.

    (a) Interior Finishes (Bulkheads and ceiling finishes) for SOLAS 
vessels submitted for type approval must be tested for surface 
flammability in Annex 1, Part 5, and the smoke density and toxicity 
criteria of Annex 1, Part 2 of the FTP Code (incorporated by reference, 
see Sec.  164.112-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as an interior finish.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.112-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
225. Add subpart 164.117 to read as follows:

[[Page 2340]]

Subpart 164.117--Floor Finish (SOLAS)
Sec.
164.117-1 Scope.
164.117-2 Incorporation by reference.
164.117-3 Testing, marking, and inspection requirements.
164.117-4 Approval procedures.

Subpart 164.117--Floor Finish (SOLAS)


Sec.  164.117-1  Scope.

    This subpart prescribes requirements for approval of floor finishes 
for SOLAS vessels as required by the International Convention for the 
Safety of Life at Sea (SOLAS).


Sec.  164.117-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.117-3(a).
    (2) [Reserved]


Sec.  164.117-3  Testing, marking, and inspection requirements

    (a) Floor Finishes for SOLAS vessels submitted for type approval 
must be tested for surface flammability in Annex 1, Part 5, and the 
smoke density and toxicity criteria of Annex 1, Part 2 of the FTP Code 
(incorporated by reference, see Sec.  164.117-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a floor finish.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.117-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
226. Add subpart 164.136 to read as follows:
Subpart 164.136--Fire Doors
Sec.
164.136-1 Scope.
164.136-2 Incorporation by reference.
164.136-3 Testing, marking, and inspection requirements.
164.136-4 Approval procedures.

Subpart 164.136--Fire Doors


Sec.  164.136-1  Scope.

    This subpart prescribes requirements for approval of fire doors as 
required by the International Convention for the Safety of Life at Sea 
(SOLAS). Products approved under these requirements may be used where 
fire doors of the same class are required in domestic vessels.


Sec.  164.136-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.136-3(a).
    (2) [Reserved]


Sec.  164.136-3  Testing, marking, and inspection requirements.

    (a) Fire doors submitted for type approval must be tested for non-
combustibility under Annex 1, Part 5, and then tested for fire 
resistance under Annex 1, Part 3 of the FTP Code (incorporated by 
reference, see Sec.  164.136-2). Adhesives used in the construction of 
fire doors need not be non-combustible, but they must be tested for low 
flame spread characteristics under Annex 1, Part 5 of the FTP Code and 
should be included

[[Page 2341]]

in the approved door's follow-up program.
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a fire door.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.136-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
227. Add subpart 164.137 to read as follows:
Subpart 164.137--Windows
Sec.
164.137-1 Scope.
164.137-2 Incorporation by reference.
164.137-3 Testing, marking, and inspection requirements.
164.137-4 Approval procedures.

Subpart 164.137--Windows


Sec.  164.137-1  Scope.

    This subpart prescribes requirements for approval of windows as 
required by the International Convention for the Safety of Life at Sea 
(SOLAS).


Sec.  164.137-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.137-3(a).
    (2) Recommendation of fire resistance tests for ``A'', ``B'' and 
``F'' class divisions (``Resolution A.754(18)''), IBR approved for 
Sec.  164.137-3(a).


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 of this subpart). Windows must also meet 
the thermal radiation test supplement to fire resistance, as outlined 
in Appendix 1 of Part 3 of the FTP Code, and the hose stream test of 
paragraph 5 of Appendix A.1 of Resolution A.754(18) (incorporated by 
reference, see Sec.  164.137-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a window.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.137-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test

[[Page 2342]]

report and the production inspection procedures. From the information 
submitted, the Commandant determines whether or not the product is 
acceptable for type approval. If the product is determined to be 
acceptable, a type approval certificate valid for a 5-year period will 
be issued. If the product is not accepted, the manufacturer will be 
notified of the reasons why.
0
228. Add subpart 164.138 to read as follows:
Subpart 164.138--Fire Stops (Penetration Seals)
Sec.
164.138-1 Scope.
164.138-2 Incorporation by reference.
164.138-3 Testing, marking, and inspection requirements.
164.138-4 Approval procedures.

Subpart 164.138--Fire Stops (Penetration Seals)


Sec.  164.138-1  Scope.

    This subpart prescribes requirements for approval of fire stops 
(penetration seals) as required by the International Convention for the 
Safety of Life at Sea (SOLAS).


Sec.  164.138-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.138-3(a).
    (2) Recommendation of fire resistance tests for ``A'', ``B'' and 
``F'' class divisions (``Resolution A.754(18)''), IBR approved for 
Sec.  164.138-3(a).


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). Such devices must 
also be tested in accordance with Appendices A.III and A.IV of 
Resolution A.754(18) (incorporated by reference, see Sec.  164.138-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a fire stop.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.138-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
229. Add subpart 164.139 to read as follows:
Subpart 164.139--Dampers
Sec.
164.139-1 Scope.
164.139-2 Incorporation by reference.
164.139-3 Testing, marking, and inspection requirements.
164.139-4 Approval procedures.

Subpart 164.139--Dampers


Sec.  164.139-1  Scope.

    This subpart prescribes requirements for approval of fire dampers 
as required by the International Convention for the Safety of Life at 
Sea (SOLAS).


Sec.  164.139-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for the Application of Fire Test Procedures,

[[Page 2343]]

2010 (``FTP Code''), IBR approved for Sec.  164.139-3(a).
    (2) Recommendation of fire resistance tests for ``A'', ``B'' and 
``F'' class divisions (``Resolution A.754(18)''), IBR approved for 
Sec.  164.139-3(a).


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 (see Sec.  164.139-2). Such 
devices must also be tested in accordance with Appendix A-II of 
Resolution. A.754(18) (incorporated by reference, see Sec.  164.139-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a fire damper.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
shall furnish the manufacturer with three copies of each upon 
completion of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


164.139-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
230. Add subpart 164.141 to read as follows:
Subpart 164.141--Plastic Pipes
Sec.
164.141-1 Scope.
164.141-2 Incorporation by reference.
164.141-3 Testing, marking, and inspection requirements.
164.141-4 Approval procedures.

Subpart 164.141--Plastic Pipes


Sec.  164.141-1  Scope.

    This subpart prescribes requirements for approval of plastic piping 
systems. Plastic piping systems include the pipe, fittings, system 
joints, method of joining, and any internal or external liners, 
coverings, and coatings required to comply with the performance 
criteria of this subpart.


Sec.  164.141-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.141-3(c).
    (2) Resolution A.653(16), Recommendation on Improved Fire Test 
Procedures for Surface Flammability of Bulkhead, Ceiling and Deck 
Finish Materials (``IMO Resolution A.653(16)''), IBR approved for Sec.  
164.141-3(a).
    (3) Resolution A.753(18), Guidelines for the Application of Plastic 
Pipe on Ships, as amended by IMO Resolution MSC.313(88) (``IMO 
Resolution A.653(16)''), IBR approved for Sec.  164.141-3(a) and (b).


Sec.  164.141-3  Testing, marking, and inspection requirements.

    (a) All plastic piping submitted for approval must meet the flame 
spread requirements of IMO Resolution A.653(16) as modified for pipes 
by IMO Resolution A.753(18) (incorporated by reference, see Sec.  
164.141-2) except that--
    (1) The test specimens need not be wrapped in aluminum foil; and
    (2) Testing need not be conducted on every pipe size. Testing may 
be conducted on piping sizes with the maximum and minimum wall 
thickness intended to be approved. This will qualify all piping sizes 
within the tested range.
    (b) In order to receive approval for fire endurance, pipe must be 
tested as indicated in IMO Resolution A.753(18). When satisfying the 
requirements for L1 or L2 service, the pipe will be approved for use in 
lesser service grades. The approval of piping systems of sizes 
different than those tested will be allowed as provided for in Table 
164.141(a) of this subpart.

  Table 164.141(a)--Approval of Piping Systems of Sizes Different Than
                                 Tested
------------------------------------------------------------------------
                                  Minimum size *       Maximum size *
      Size * tested, inch           approved,          approved, inch
------------------------------------------------------------------------
0 to <=2......................  Size Tested......  Size Tested.

[[Page 2344]]

 
>2 to <=6.....................  Size Tested......  <=6.
>6 to <=12....................  Size Tested......  <=12.
>12 to <=24...................  Size Tested......  <=24.
>24 to <=36...................  Size Tested......  <=36.
>36 to <=48...................  Size Tested......  <=48.
------------------------------------------------------------------------
* Nominal outside diameter

    (c) To be approved for smoke and toxicity requirements, piping 
systems must meet the requirements of Annex 1, Part 2 of the FTP Code 
(incorporated by reference, see Sec.  164.141-2) with the following 
modifications:
    (1) Plastic piping meeting paragraph 2.2 of Annex 2 of the FTP Code 
as having very low flame spread when tested to Part 5 are deemed to 
meet the smoke and toxicity requirements without testing to Part 2.
    (2) Testing need only be conducted on piping sizes with the maximum 
and minimum wall thicknesses intended to be approved.
    (3) The test sample should be fabricated by cutting pipes 
lengthwise into individual sections and then assembling the sections 
into a test sample as representative as possible of a flat surface. All 
cuts should be made normal to the pipe wall.
    (4) The number of sections that must be assembled together to form 
a square test sample with sides measuring 3 inches, should be that 
which corresponds to the nearest integral number of sections which will 
result in a test sample with an equivalent linearized surface width 
between 3 and 3.5 inches. The surface width is defined as the measured 
sum of the outer circumference of the assembled pipe sections normal to 
the lengthwise sections.
    (5) The test samples should be mounted on calcium silicate board 
and held in place by the edges of the test frame and, if necessary, by 
wire. There should be no gaps between individual sections and the 
samples should be constructed so that the edges of two adjacent 
sections coincide with the centerline of the test holder.
    (6) The space between the concave unexposed surface of the test 
sample and the surface of the calcium silicate backing should be left 
void.
    (7) The void space between the top of the exposed test surface and 
the bottom edge of the sample holder frame should be filled with a high 
temperature insulating wool where the pipe extends under the frame.
    (8) When the pipes are to include fireproofing or coatings, the 
composite structure consisting of the segmented pipe wall and 
fireproofing shall be tested and the thickness of the fireproofing 
should be the minimum thickness specified for the intended usage.
    (9) Test samples should be oriented in the apparatus such that the 
pilot burner flame will be normal to the lengthwise piping sections.
    (d) Where required to be approved, piping systems must comply with 
applicable American Society for Testing and Materials (ASTM) standards.
    (e) All testing and inspections required by this subpart, except as 
allowed by paragraph (b) of this section, must be performed by an 
independent laboratory accepted by the Coast Guard under subpart 
159.010 of this chapter. A list of independent laboratories accepted as 
meeting subpart 159.010 of this chapter is available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (f) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (g) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as plastic piping.
    (h) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (i) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.141-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, which ASTM standards the pipe is manufactured to, 
the maximum allowable working pressure of the pipe, the maximum working 
temperature for the pipe, the desired piping sizes to be approved, the 
locations and applications for which approval is requested, all piping 
system joints and fittings to be approved, all adhesives to be 
approved; and the address of all manufacturing facilities. The request 
must include a copy of the final fire test report and the production 
inspection procedures. From the information submitted, the Commandant 
determines whether or not the product is acceptable for type approval. 
If the product is determined to be acceptable, a type approval 
certificate valid for a 5-year period will be issued. If the product is 
not accepted, the manufacturer will be notified of the reasons why.
    231. Add subpart 164.142 to read as follows:
Subpart 164.142--Bedding Components
Sec.
164.142-1 Scope.
164.142-2 Incorporation by reference.
164.142-3 Testing, marking, and inspection requirements.
164.142-4 Approval procedures.

[[Page 2345]]

Subpart 164.142--Bedding Components


Sec.  164.142-1  Scope.

    This subpart prescribes requirements for approval of bedding 
components as required by the International Convention for the Safety 
of Life at Sea (SOLAS).


Sec.  164.142-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.142-3(a).
    (2) [Reserved]


Sec.  164.142-3  Testing, marking, and inspection requirements.

    (a) Bedding components that are submitted for type approval must be 
tested for qualities of resistance to the ignition and propagation of 
flame of Annex 1, Part 9 of the FTP Code (incorporated by reference, 
see Sec.  164.142-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a bedding component.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.142-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
232. Add subpart 164.144 to read as follows:
Subpart 164.144--Upholstered Furniture
Sec.
164.144-1 Scope.
64.144-2 Incorporation by reference.
164.144-3 Testing, marking, and inspection requirements.
164.144-4 Approval procedures.

Subpart 164.144--Upholstered Furniture


Sec.  164.144-1  Scope.

    This subpart prescribes requirements for approval of upholstered 
furniture as required by the International Convention for the Safety of 
Life at Sea (SOLAS).


Sec.  164.144-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.144-3(a).
    (2) [Reserved]


Sec.  164.144-3  Testing, marking, and inspection requirements.

    (a) Upholstered furniture that is submitted for type approval must 
be tested for qualities of resistance to the ignition and propagation 
of flame of Annex 1, Part 8 of the FTP Code (incorporated by reference, 
see Sec.  164.144-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical

[[Page 2346]]

make-up, dimensions, tolerances, and other related factors needed to 
confirm product consistency during follow-up production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as upholstered furniture.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.144-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
233. Add subpart 164.146 to read as follows:
Subpart 164.146--Fire Door Control System (SOLAS)
Sec.
164.146-1 Scope.
164.146-2 Incorporation by reference.
164.146-3 Testing, marking, and inspection requirements.
164.146-4 Approval procedures.

Subpart 164.146--Fire Door Control System (SOLAS)


Sec.  164.146-1  Scope.

    This subpart prescribes requirements for approval of fire door 
control systems as required by the International Convention for the 
Safety of Life at Sea (SOLAS).


Sec.  164.146-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.146-3(a).
    (2) [Reserved]


Sec.  164.146-3  Testing, marking, and inspection requirements.

    (a) A fire door control system that is submitted for type approval 
must be tested in accordance with Annex 1, Part 4 of the FTP Code 
(incorporated by reference, see Sec.  164.146-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a fire door control 
system.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.146-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
234. Add subpart 164.201 to read as follows:
Subpart 164.201--Fire-resisting Materials for High-speed Craft
Sec.
164.201-1 Scope.
164.201-2 Incorporation by reference.
164.201-3 Testing, marking, and inspection requirements.
164.201-4 Approval procedures.

[[Page 2347]]

Subpart 164.201--Fire-resisting Materials for High-speed Craft


Sec.  164.201-1  Scope.

    This subpart prescribes requirements for approval of fire-resisting 
materials for high-speed craft as required by the International Code of 
Safety for High Speed Craft (HSC Code).


Sec.  164.201-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.201-3.
    (2) [Reserved]


Sec.  164.201-3  Testing, marking, and inspection requirements.

    (a) Fire-resisting materials for high-speed craft that is submitted 
for type approval must be tested in accordance with Annex 1, Part 10 of 
the FTP Code (incorporated by reference, see Sec.  164.201-2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and other 
related factors needed to confirm product consistency during follow-up 
production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a fire resisting material 
for high speed craft.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire-testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.201-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.
0
235. Add subpart 164.207 to read as follows:
Subpart 164.207--Fire-resisting Divisions for High-speed Craft
Sec.
164.207-1 Scope.
164.207-2 Incorporation by reference.
164.207-3 Testing, marking, and inspection requirements.
164.207-4 Approval procedures.

Subpart 164.207--Fire-Resisting Divisions for High-speed Craft


Sec.  164.207-1  Scope.

    This subpart prescribes requirements for approval of fire-resisting 
divisions for high-speed craft as required by the International Code of 
Safety for High-Speed Craft (HSC Code).


Sec.  164.207-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org/publications.
    (1) IMO Resolution MSC.307(88), Adoption of the International Code 
for Application of Fire Test Procedures, 2010 (``FTP Code''), IBR 
approved for Sec.  164.207-3(a).
    (2) [Reserved]


Sec.  164.207-3  Testing, marking, and inspection requirements.

    (a) Fire-resisting divisions for high-speed craft that are 
submitted for type approval must be tested in accordance with Annex 1, 
Part 11 of the FTP Code (incorporated by reference, see Sec.  164.207-
2).
    (b) All testing and inspections required by this subpart must be 
performed by an independent laboratory accepted by the Coast Guard 
under subpart 159.010 of this chapter. A list of independent 
laboratories accepted as meeting subpart 159.010 of this chapter is 
available online at http://psix.uscg.mil/EQLabs/Default.aspx.
    (c) The independent laboratory must perform an initial factory 
inspection to select the test specimens and establish the materials of 
construction, chemical make-up, dimensions, tolerances, and

[[Page 2348]]

other related factors needed to confirm product consistency during 
follow-up production inspections.
    (d) Production inspections must be performed by the independent 
laboratory in accordance with subpart 159.007 of this chapter at least 
annually to confirm that no changes have been made to the product that 
may adversely affect its fire performance as a fire resisting division 
for high speed craft.
    (e) The independent laboratory must prepare production inspection 
procedures and a report of the results of the fire-testing program, and 
must furnish the manufacturer with three copies of each upon completion 
of the required testing.
    (f) Materials approved under this subpart must be shipped in 
packaging that is clearly marked with the name of the manufacturer, 
product designation, date of manufacture, batch or lot number, and 
Coast Guard type approval number.


Sec.  164.207-4  Approval procedures.

    (a) Manufacturers that desire type approval should submit a written 
notice to the Commandant (CG-ENG-4) describing the product and its 
intended uses. The Commandant will evaluate this information and notify 
the manufacturer of the product's suitability for testing. The 
manufacturer should then contract directly with an accepted independent 
laboratory to perform the required tests and inspections.
    (b) Upon completion of the required testing and inspections, the 
manufacturer must submit a written request for type approval to the 
Commandant (CG-ENG-4). The request must indicate the name and address 
of the manufacturer, all product designations, and the address of all 
manufacturing facilities. The request must include a copy of the final 
fire test report and the production inspection procedures. From the 
information submitted, the Commandant determines whether or not the 
product is acceptable for type approval. If the product is determined 
to be acceptable, a type approval certificate valid for a 5-year period 
will be issued. If the product is not accepted, the manufacturer will 
be notified of the reasons why.

Subpart 164.900 [Removed]

0
236. Remove subpart 164.900.

PART 167--PUBLIC NAUTICAL SCHOOL SHIPS

0
237. The authority citation for part 167 continues to read as follows:

    Authority:  46 U.S.C. 3306, 3307, 6101, 8105; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  167.01-5  [Amended]

0
238. Amend Sec.  167.01-5(a) to add, after the words ``nautical school 
ships.'', the sentence ``The regulations in this subchapter have 
preemptive effect over State or local regulations in the same field.''.
0
239. Amend Sec.  167.45-30 as follows:
0
a. Redesignate introductory text as paragraph (a); and
0
b. Add paragraph (b) to read as follows:


Sec.  167.45-30  Use of approved fire-fighting equipment.

* * * * *
    (b) Use of non-approved fire detection systems may be acceptable as 
excess equipment provided that--
    (1) Components are listed by an independent, nationally recognized 
testing laboratory as set forth in 29 CFR 1910.7, and are designed, 
installed, tested, and maintained in accordance with an appropriate 
industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR, subchapter 
J (Electrical Engineering), especially the hazardous location 
electrical installation regulations in 46 CFR 111.105;
    (3) Coast Guard plan review is completed for wiring plans; and
    (4) The system and units remain functional as intended. To ensure 
this, marine inspectors may test and inspect the system during routine 
inspections.

PART 169--SAILING SCHOOL VESSELS

0
240. The authority citation for part 169 continues to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L. 
103-206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 793; Department of Homeland Security Delegation No. 
0170.1; Sec.  169.117 also issued under the authority of 44 U.S.C. 
3507.

0
241. Revise Sec.  169.115 to read as follows:


Sec.  169.115  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE. Stop 7509, Washington, DC 20593-
7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Boat and Yacht Council (ABYC), 613 Third St., Suite 
10, Annapolis, MD 21403, 410-990-4460, http://www.abycinc.org.
    (1) A-1-78, Marine LPG--Liquefied Petroleum Gas Systems, IBR 
approved for Sec.  169.703.
    (2) A-3-70, Recommended Practices and Standards Covering Galley 
Stoves, IBR approved for Sec.  169.703(a).
    (3) A-22-78, Marine CNG--Compressed Natural Gas Systems, IBR 
approved for Sec.  169.703(c).
    (4) H-2.5, Ventilation of Boats Using Gasoline--Design and 
Construction, 1981, IBR approved for Sec.  169.629.
    (5) P-1-73, Safe Installation of Exhaust Systems for Propulsion and 
Auxiliary Engines, 1973, IBR approved for Sec.  169.609.
    (c) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) ANSI/NFPA 70, National Electrical Code, 1980 Edition (``NFPA 
70''), IBR approved for Sec.  169.672(a).
    (2) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition 
(``NFPA 10''), IBR approved for Sec.  169.247(a).
    (3) ANSI/NFPA 302, Fire Protection Standard for Pleasure and 
Commercial Motor Craft, Chapter 6, 1980 Edition (``NFPA 302''), IBR 
approved for Sec.  169.703(c).
    (4) NFPA 306, Standard for the Control of Gas Hazards on Vessels, 
1980 Edition, (``NFPA 306''), IBR approved for Sec.  169.236(a).
    (d) Navy Publications and Forms Center, Customer Service Code 1052, 
5801 Tabor Ave., Philadelphia, PA 19120.
    (1) Federal Specification ZZ-H-451G, Hose, Fire, Woven-Jacketed 
Rubber or Fabric-Lined, with Couplings, IBR approved for Sec.  
169.563(c).
    (2) [Reserved]
    (e) Underwriters Laboratories, Inc. (UL), 333 Pfingsten Road 
Northbrook, IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 19-2001, Standard for Lined Fire Hose and Hose Assemblies 
(UL 19), IBR approved for Sec.  169.563(c).

[[Page 2349]]

    (2) [Reserved]


Sec.  169.236  [Amended]

0
242. In Sec.  169.236(a), remove the words ``, ``Control of Gas Hazards 
on Vessels,'''' and add, in their place, the words ``(incorporated by 
reference, see Sec.  169.115)''.
0
243. Revise Sec.  169.247 to read as follows:


Sec.  169.247  Firefighting equipment.

    (a) At each inspection for certification and periodic inspection 
and at such other times as considered necessary, all fire extinguishing 
equipment is inspected to ensure it is in suitable condition. Tests may 
be necessary to determine the condition of the equipment. The inspector 
must ensure that the following tests and inspections have been 
conducted by a qualified servicing facility at least once every 12 
months:
    (1) Portable fire extinguishers and semi-portable fire 
extinguishing systems must be inspected and maintained in accordance 
with NFPA 10 (incorporated by reference, see Sec.  169.115) as amended 
here:
    (i) Certification or licensing by the state or local jurisdiction 
as a fire extinguisher servicing agency will be accepted by the Coast 
Guard as meeting the personnel certification requirements of NFPA 10 
for annual maintenance and recharging of extinguishers.
    (ii) Monthly inspections required by NFPA 10 may be conducted by 
the owner, operator, person-in-charge, or a designated member of the 
crew.
    (iii) Non-rechargeable or non-refillable extinguishers must be 
inspected and maintained in accordance with NFPA 10; however, the 
annual maintenance need not be conducted by a certified person and can 
be conducted by the owner, operator, person-in-charge, or a designated 
member of the crew.
    (iv) The owner or managing operator must provide satisfactory 
evidence of the required servicing to the marine inspector. If any of 
the equipment or records have not been properly maintained, a qualified 
servicing facility must perform the required inspections, maintenance 
procedures, and hydrostatic pressure tests. A tag issued by a qualified 
servicing organization, and attached to each extinguisher, may be 
accepted as evidence that the necessary maintenance procedures have 
been conducted.
    (2) All parts of the fixed fire extinguishing systems are examined 
for excessive corrosion and general condition. Table 169.247(a)(1) of 
this section provides detailed inspection and test requirements of 
fixed systems.
    (3) Piping, controls, valves, and alarms on all fire extinguishing 
systems are checked to be certain the system is in operating condition.
    (4) The fire main system is operated and the pressure checked at 
the most remote and highest outlets.
    (5) Each firehose is subjected to a test pressure equivalent to its 
maximum service pressure.
    (b) [Reserved]

                   Table 169.247(a)(1)--Fixed Systems
------------------------------------------------------------------------
          Type of system                            Test
------------------------------------------------------------------------
Carbon dioxide or HALON 1301......  Weigh cylinders. Recharge if weight
                                     loss exceeds 10 percent of weight
                                     of the charge.
------------------------------------------------------------------------

Sec.  169.563  [Amended]

0
244. Amend Sec.  169.563 paragraph(c), by adding ``(incorporated by 
reference, see Sec.  169.115)'' after the words ``Federal Specification 
ZZ-H-451G.''.
0
245. Amend Sec.  169.567 as follows:
0
a. Revise the section heading to read as follows;
0
b. Revise paragraphs (a) and (b) to read as follows; and
0
c. Remove paragraph (g).


Sec.  169.567  Portable fire extinguishers.

    (a) The minimum number of portable fire extinguishers required on 
each vessel is determined by the Officer in Charge, Marine Inspection, 
in accordance with Table 169.567(a) of this section and other 
provisions of this subpart.

         Table 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         40-B:C..............  1 per 500 cubic
 system).                                            foot.
Spare Units.................  2-A.................  (RANGE FROM 50-10)
                                                     percent of the
                                                     required number
                                                     rounded up.
                              40-B:C..............  1.
------------------------------------------------------------------------

    (b) Table 169.567(a) of this section indicates the minimum required 
classification 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.
* * * * *


Sec.  169.609  [Amended]

0
246. In the introductory text of Sec.  169.609, remove the word 
``sytems'' and add, in its place, the word ``systems'', and after the 
words ``Safe Installation of Exhaust Systems for Propulsion and 
Auxiliary Machinery'', add the words ``(incorporated by reference, see 
Sec.  169.115)''.
0
247. Revise Sec.  169.629 to read as follows:

[[Page 2350]]

Sec.  169.629  Compartments containing gasoline machinery or fuel 
tanks.

    Spaces containing gasoline machinery or fuel tanks must have 
natural supply and mechanical exhaust ventilation meeting the 
requirements of American Boat and Yacht Council Standard H-2.5, 
``Design and Construction; Ventilation of Boats Using Gasoline'' 
(incorporated by reference, see Sec.  169.115 of this part).
0
248. Amend Sec.  169.672 to revise paragraph (a)(1) to read as follows:


Sec.  169.672  Wiring for power and lighting circuits.

    (a) * * *
    (1) Meet NFPA 70, National Electrical Code, Article 310-8 and Table 
310-13 (incorporated by reference, see Sec.  169.115);
* * * * *
0
249. Amend Sec.  169.703 as follows:
0
a. Revise paragraph (a) to read as follows;
0
b. In paragraph (c)(1), after the words ``Chapter 6 of NFPA 302'', add 
the words ``(incorporated by reference, see Sec.  169.115)''; and
0
c. In paragraph (c)(2), after the words ``Chapter 6 of NFPA 302 or ABYC 
A-22'', add the words ``(incorporated by reference, see Sec.  
169.115)''.


Sec.  169.703  Cooking and heating.

    (a) Cooking and heating equipment must be suitable for marine use. 
Cooking installations must meet the requirements of ABYC Standard A-3, 
``Recommended Practices and Standards Covering Galley Stoves'' 
(incorporated by reference, see Sec.  169.115).
* * * * *

PART 175--GENERAL PROVISIONS

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

    Authority:  46 U.S.C. 2103, 3205, 3306, 3307, 3703; Pub. L 103-
206, 107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland 
Security Delegation No. 0170.1; 175.900 also issued under authority 
of 44 U.S.C. 3507.


Sec.  175.100  [Amended]

0
251. Amend Sec.  175.100 to add, after the words ``small passenger 
vessels.'', the sentence ``The regulations in this subchapter have 
preemptive effect over State or local regulations in the same field.''.
0
252. Amend Sec.  175.400 to add the definitions of ``Ignition source'', 
``Isolated space'', and ``Open to the atmosphere'', in alphabetical 
order, as follows:


Sec.  175.400  Definitions of terms used in the subchapter.

* * * * *
    Ignition source means: (1) An internal combustion engine regardless 
of horsepower or (2) continuously running electrical motors without 
overload protection or other run-limiting devices. Properly installed 
electrical wire or cabling with associated connections and outlets must 
not be considered an ignition source.
* * * * *
    Isolated space means a closed, water-tight space infrequently 
accessed by the crew while the vessel is in operation. Examples of 
these spaces are the fore-peak spaces, lazerettes, and spaces with 
unattended continuously running electrical motors. Small, non-water-
tight compartments visible to the crew and passengers such as storage 
lockers under the operating station or passenger seating areas, are not 
considered isolated spaces.
* * * * *
    Open to the atmosphere means a compartment that has at least 0.342 
square meters of open area directly exposed to the atmosphere for each 
cubic meter (15 square inches for each cubic foot) of net compartment 
volume.
* * * * *
0
253. Revise Sec.  175.600 to read as follows:


Sec.  175.600  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any 
edition other than that specified in this section, the Coast Guard must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Boat and Yacht Council (ABYC), 613 Third St., Suite 
10, Annapolis, MD 21403, 410-990-4460, http://www.abycinc.org.
    (1) A-1-93, Marine Liquefied Petroleum Gas (LPG) Systems, IBR 
approved for Sec.  184.240.
    (2) A-3-93, Galley Stoves, IBR approved for Sec.  184.200.
    (3) A-7-70, Boat Heating Systems, IBR approved for Sec.  184.200.
    (4) A-16-89, Electric Navigation Lights, IBR approved for Sec.  
183.130.
    (5) A-22-93, Marine Compressed Natural Gas (CNG) Systems, IBR 
approved for Sec.  184.240.
    (6) E-8, Alternating Current (AC) Electrical Systems on Boats, July 
2001, IBR approved for Sec. Sec.  183.130 and 183.340.
    (7) E-9, Direct Current (DC) Electrical Systems on Boats (May 28, 
1990), IBR approved for Sec. Sec.  183.130 and 183.340.
    (8) H-2-89, Ventilation of Boats Using Gasoline, IBR approved for 
Sec. Sec.  183.130 and 182.460.
    (9) H-22-86, DC Electric Bilge Pumps Operating Under 50 Volts, IBR 
approved for Sec. Sec.  182.130 and 182.500.
    (10) H-24-93, Gasoline Fuel Systems, IBR approved for Sec. Sec.  
182.130, 182.440, 182.445, 182.450, and 182.455.
    (11) H-25-94, Portable Gasoline Fuel Systems for Flammable Liquids, 
IBR approved for Sec. Sec.  182.130 and 182.458.
    (12) H-32-87, Ventilation of Boats Using Diesel Fuel, IBR approved 
for Sec. Sec.  182.130, 182.465, and 182.470.
    (13) H-33-89, Diesel Fuel Systems, IBR approved for Sec. Sec.  
182.130, 182.440, 182.445, 182.450, and 182.455.
    (14) P-1-93, Installation of Exhaust Systems for Propulsion and 
Auxiliary Engines, IBR approved for Sec. Sec.  177.405, 177.410, 
182.130, 182.425, and 182.430.
    (15) P-4-89, Marine Inboard Engines, IBR approved for Sec. Sec.  
182.130 and 182.420.
    (c) American Bureau of Shipping (ABS), ABS Plaza, 16855 Northchase 
Drive, Houston, TX 77060, 281-877-5800, http://www.eagle.org.
    (1) Guide for High Speed Craft, 1997, IBR approved for Sec.  
177.300.
    (2) Rules for Building and Classing Aluminum Vessels, 1975, IBR 
approved for Sec.  177.300.
    (3) Rules for Building and Classing Reinforced Plastic Vessels, 
1978, IBR approved for Sec.  177.300.
    (4) Rules for Building and Classing Steel Vessels, 1995, IBR 
approved for Sec.  183.360.
    (5) Rules for Building and Classing Steel Vessels Under 61 Meters 
(200 feet) in Length, 1983, IBR approved for Sec.  177.300.
    (6) Rules for Building and Classing Steel Vessels for Service on 
Rivers and Intracoastal Waterways, 1995 (``ABS Steel Vessel Rules''), 
IBR approved for Sec.  177.300.
    (d) American National Standards Institute (ANSI), 25 West 43rd St., 
New York, NY 10036, 212-642-4900, http://www.ansi.org.
    (1) A 17.1-1984, including supplements A 17.1a and B-1985, Safety 
Code for Elevators and Escalators, IBR approved for Sec.  183.540.

[[Page 2351]]

    (2) ANSI Z 26.1, Motor Vehicles Operating on Land Highways, IBR 
approved for Sec.  177.1030.
    (3) B 31.1-1986, Code for Pressure Piping, Power Piping, IBR 
approved for Sec.  182.710.
    (e) ASTM International (formerly American Society for Testing and 
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 
610-832-9500, http://www.astm.org.
    (1) ASTM B 96-93, Standard Specification for Copper-Silicon Alloy 
Plate, Sheet, Strip, and Rolled Bar for General Purposes and Pressure 
Vessels, IBR approved for Sec.  182.440.
    (2) ASTM B 117-97, Standard Practice for Operating Salt Spray (Fog) 
Apparatus, IBR approved for Sec.  175.400.
    (3) ASTM B 122/B 122M-95, Standard Specification for Copper-Nickel-
Tin Alloy, Copper-Nickel-Zinc Alloy (Nickel Silver), and Copper-Nickel 
Alloy Plate, Sheet, Strip and Rolled Bar, IBR approved for Sec.  
182.440.
    (4) ASTM B 127-98, Standard Specification for Nickel-Copper Alloy 
(UNS NO4400) Plate, Sheet, and Strip, IBR approved for Sec.  182.440.
    (5) ASTM B 152-97a, Standard Specification for Copper Sheet, Strip, 
Plate, and Rolled Bar, IBR approved for Sec.  182.440.
    (6) ASTM B 209-96, Standard Specification for Aluminum and 
Aluminum-Alloy Sheet and Plate, IBR approved for Sec.  182.440.
    (7) ASTM D 93-97, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester, IBR approved for Sec.  175.400.
    (8) ASTM D 635-97, Standard test Method for Rate of Burning and or 
Extent and Time of Burning of Self-Supporting Plastics in a Horizontal 
Position, IBR approved for Sec.  182.440.
    (9) ASTM D 2863-95, Standard Method for Measuring the Minimum 
Oxygen Concentration to Support Candle-Like Combustion of Plastics, IBR 
approved for Sec.  182.440.
    (10) ASTM E 84-98, Standard Test Method for Surface Burning 
Characteristics of Building Materials, IBR approved for Sec.  177.410.
    (f) Institute of Electrical and Electronics Engineers, Inc. (IEEE), 
IEEE Service Center, 445 Hoes Lane, Piscataway, NJ 08854, 800-678-4333, 
http://www.ieee.org.
    (1) Standard 45-1977, Recommended Practice for Electrical 
Installations on Shipboard, IBR approved for Sec.  183.340.
    (2) [Reserved]
    (g) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 
7735 7611, www.imo.org.
    (1) Code of Practice for the Evaluation, Testing and Acceptance of 
Prototype Novel Life-Saving Appliances and Arrangements-Resolution 
A.520(13), dated November 17, 1983, IBR approved for Sec.  175.540.
    (2) Use and Fitting of Retro-Reflective Materials on Life-Saving 
Appliances-Resolution A.658(16), dated November 20, 1989, IBR approved 
for Sec.  185.604.
    (3) Fire Test Procedures For Ignitability of Bedding Components, 
Resolution A.688(17), dated November 6, 1991, IBR approved for Sec.  
177.405.
    (4) Symbols Related to Life-Saving Appliances and Arrangements, 
Resolution A.760(18), dated November 17, 1993, IBR approved for Sec.  
185.604.
    (h) International Organization for Standardization (ISO), Case 
postale 56, CH-1211 Geneva 20, Switzerland, +41 22 749 01 11, http://www.iso.org.
    (1) ISO 8846, Small Craft-Electrical Devices-Protection Against 
Ignition of Surrounding Flammable Gases, IBR approved for Sec.  
182.500.
    (2) ISO 8849, Small Craft-Electrically Operated Bilge Pumps, IBR 
approved for Sec.  182.500.
    (i) Lloyd's Register of Shipping, 71 Fenchurch Street, London EC3M 
4BS, +44 (0)20 7709 9166, http://www.lr.org.
    (1) Rules and Regulations for the Classification of Yachts and 
Small Craft, as amended through 1983, IBR approved for Sec.  177.300.
    (2) [Reserved]
    (j) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition 
(``NFPA 10''), IBR approved for Sec.  176.810(b).
    (2) ANSI/NFPA 17, Standard for Dry Chemical Extinguishing Systems, 
1994 Edition (``NFPA 17''), IBR approved for Sec.  181.425.
    (3) ANSI/NFPA 17A, Standard for Wet Chemical Extinguishing Systems, 
1994 Edition, (``NFPA 17A''), IBR approved for Sec.  181.425.
    (4) ANSI/NFPA 70, National Electrical Code (NEC), 1996 Edition 
(``NFPA 70''), IBR approved for Sec. Sec.  183.320, 183.340, and 
183.372.
    (5) ANSI/NFPA 302, Fire Protection Standard for Pleasure and 
Commercial Motor Craft, 1994 Edition (``NFPA 302''), IBR approved for 
Sec. Sec.  184.200 and 184.240.
    (6) NFPA 306, Standard for the Control of Gas Hazards on Vessels, 
1993 Edition (``NFPA 306''), IBR approved for Sec.  176.710.
    (7) NFPA 1963, Standard for Fire Hose Connections, 1989 Edition, 
(``NFPA 1963''), IBR approved for Sec.  181.320.
    (k) DLA Document Services, Department of Defense, Single Stock 
Point, 700 Robbins Avenue, Philadelphia, PA 19111, 215-697-6396, http://www.assistdocs.com.
    (1) Military Specification MIL-P-21929C (1991), Plastic Material, 
Cellular Polyurethane, Foam-in-Place, Rigid (2 and 4 pounds per cubic 
foot), IBR approved for Sec.  179.240.
    (2) Military Specification MIL-R-21607E(SH) (1990), Resins, 
Polyester, Low Pressure Laminating, Fire Retardant, IBR approved for 
Sec.  177.410.
    (l) Society of Automotive Engineers (SAE), 400 Commonwealth Drive, 
Warrendale, PA 15096-0001, 724-776-4841, http://www.sae.org.
    (1) SAE J-1475, Hydraulic Hose Fittings For Marine Applications, 
1984, IBR approved for Sec.  182.720(e).
    (2) SAE J-1928, Devices Providing Backfire Flame Control for 
Gasoline Engines in Marine Applications, August 1989, IBR approved for 
Sec.  182.415.
    (3) SAE J-1942, Hose and Hose Assemblies for Marine Applications, 
1992, IBR approved for Sec.  182.720(e).
    (m) Underwriters Laboratories Inc. (UL), 333 Pfingsten Road 
Northbrook, IL 60062-2096, 919-549-1400, www.ul.com.
    (1) UL 19-2001, Standard for Lined Fire Hose and Hose Assemblies 
(UL 19), Sec.  181.320.
    (2) UL 174-1989, as amended through June 23, 1994, Household 
Electric Storage Tank Heaters, IBR approved for Sec.  182.320.
    (3) UL 217-2006, Single and Multiple Station Smoke Detectors, IBR 
approved for Sec.  181.450.
    (4) UL 486A-1992, Wire Connectors and Soldering Lugs For Use With 
Copper Conductors, IBR approved for Sec.  183.340.
    (5) UL 489-1995, Molded-Case Circuit Breakers and Circuit Breaker 
Enclosures, IBR approved for Sec.  183.380.
    (6) UL 595-1991, Marine Type Electric Lighting Fixtures, IBR 
approved for Sec.  183.410.
    (7) UL 710-1990, as amended through September 16, 1993, Exhaust 
Hoods For Commercial Cooking Equipment, IBR approved for Sec.  181.425.
    (8) UL 1058-1989, as amended through April 19, 1994, Halogenated 
Agent Extinguishing System Units, IBR approved for Sec.  181.410.
    (9) UL 1102-1992, Non integral Marine Fuel Tanks, IBR approved for 
Sec.  182.440.
    (10) UL 1110-1988, as amended through May 16, 1994, Marine 
Combustible Gas Indicators, IBR approved for Sec.  182.480.
    (11) UL 1111-1988, Marine Carburetor Flame Arresters, IBR approved 
for Sec.  182.415.

[[Page 2352]]

    (12) UL 1113, Electrically Operated Pumps for Nonflammable Liquids, 
Marine, Third Edition (Sep. 4, 1997), IBR approved for Sec.  182.520.
    (13) UL 1453-1988, as amended through June 7, 1994, Electric 
Booster and Commercial Storage Tank Water Heaters, IBR approved for 
Sec.  182.320.
    (14) UL 1570-1995, Fluorescent Lighting Fixtures, IBR approved for 
Sec.  183.410.
    (15) UL 1571-1995, Incandescent Lighting Fixtures, IBR approved for 
Sec.  183.410.
    (16) UL 1572-1995, High Intensity Discharge Lighting Fixtures, IBR 
approved for Sec.  183.410.
    (17) UL 1573-1995, Stage and Studio Lighting Units, IBR approved 
for Sec.  183.410.
    (18) UL 1574-1995, Track Lighting Systems, IBR approved for Sec.  
183.410.

PART 176--INSPECTION AND CERTIFICATION

0
254. The authority citation for part 176 continues to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.

0
255. Revise Sec.  176.810 to read as follows:


Sec.  176.810  Fire protection.

    (a) At each initial and subsequent inspection for certification, 
the owner or managing operator must be prepared to conduct tests and 
have the vessel ready for inspection of its fire protection equipment, 
including the following:
    (1) Inspection of each portable fire extinguisher, semi-portable 
fire extinguisher, and fixed gas fire extinguishing system to check for 
excessive corrosion and general condition.
    (2) Inspection of piping, controls, and valves, and the inspection 
and testing of alarms and ventilation shutdowns, for each fixed gas 
fire extinguishing system and detecting system to determine that the 
system is in operating condition.
    (3) Operation of the fire main system and checking of the pressure 
at the most remote and highest outlets.
    (4) Testing of each firehose to a test pressure equivalent to its 
maximum service pressure.
    (5) Checking of each cylinder containing compressed gas to ensure 
it has been tested and marked in accordance with 46 CFR 147.60.
    (6) Testing or renewal of flexible connections and discharge hoses 
on semi-portable extinguishers and fixed gas extinguishing systems in 
accordance with 46 CFR 147.65.
    (7) Inspection and testing of all smoke-and fire detection systems, 
including sensors and alarms.
    (b) The owner, managing operator, or a qualified servicing facility 
as applicable must conduct the following inspections and tests:
    (1) Portable and semi-portable extinguishers must be inspected and 
maintained in accordance with NFPA 10 (incorporated by reference, see 
Sec.  175.600) as amended here:
    (i) Certification or licensing by the state or local jurisdiction 
as a fire extinguisher servicing agency will be accepted by the Coast 
Guard as meeting the personnel certification requirements of NFPA 10 
for annual maintenance and recharging of extinguishers.
    (ii) Monthly inspections required by NFPA 10 may be conducted by 
the owner, operator, person-in-charge, or a designated member of the 
crew.
    (iii) Non-rechargeable or non-refillable extinguishers must be 
inspected and maintained in accordance with NFPA 10; however, the 
annual maintenance need not be conducted by a certified person and can 
be conducted by the owner, operator, person-in-charge, or a designated 
member of the crew.
    (iv) The owner or managing operator must provide satisfactory 
evidence of the required servicing to the marine inspector. If any of 
the equipment or records have not been properly maintained, a qualified 
servicing facility must perform the required inspections, maintenance 
procedures, and hydrostatic pressure tests. A tag issued by a qualified 
servicing organization, and attached to each extinguisher, may be 
accepted as evidence that the necessary maintenance procedures have 
been conducted.
    (2) For fixed-gas fire extinguishing systems, the inspections and 
tests required by Table 176.810(b) of this section, in addition to the 
tests required by 46 CFR 147.60 and 147.65. The owner or managing 
operator must provide satisfactory evidence of the required servicing 
to the marine inspector. If any of the equipment or records have not 
been properly maintained, a qualified servicing facility may be 
required to perform the required inspections, maintenance procedures, 
and hydrostatic pressure tests.

                               Table 176.810(b)--Fixed Fire Extinguishing Systems
----------------------------------------------------------------------------------------------------------------
                 Type system                                                 Test
----------------------------------------------------------------------------------------------------------------
Carbon dioxide..............................  Weigh cylinders. Recharge if weight loss exceeds 10 percent of
                                               weight of charge. Test time delays, alarms, and ventilation
                                               shutdowns with carbon dioxide, nitrogen, or other nonflammable
                                               gas as stated in the system manufacturer's instruction manual.
                                               Inspect hoses and nozzles to be sure they are clean.
Halon.......................................  Weigh cylinders. Recharge if weight loss exceeds 5 percent of
                                               weight of charge. If the system has a pressure gauge, also
                                               recharge if pressure loss (adjusted for temperature) exceeds 10
                                               percent. Test time delays, alarms and ventilation shutdowns with
                                               carbon dioxide, nitrogen, or other nonflammable gas as stated in
                                               the system manufacturer's instruction manual. Inspect hoses and
                                               nozzles to be sure they are clean.
Dry Chemical (cartridge operated)...........  Examine pressure cartridge and replace if end is punctured or if
                                               determined to have leaked or to be in unsuitable condition.
                                               Inspect hose and nozzle to see if they are clear. Insert charged
                                               cartridge. Ensure extinguisher contains full charge.
Dry Chemical (stored pressure)..............  See that pressure gauge is in operating range. If not, or if the
                                               seal is broken, weigh or otherwise determined that extinguisher
                                               is fully charged with dry chemical. Recharge if pressure is low
                                               or if dry chemical is needed.
Foam (stored pressure)......................  See that pressure gauge, if so equipped, is in the operating
                                               range. If not, or if the seal is broken, weigh or otherwise
                                               determine that extinguisher is fully charged with foam. Recharge
                                               if pressure is low or if foam is needed. Replace premixed agent
                                               every 3 years.
Clean Agents (Halon replacements)...........  Same as Halon.
----------------------------------------------------------------------------------------------------------------


[[Page 2353]]

    (c) The owner, managing operator, or master must destroy, in the 
presence of the marine inspector, each firehose found to be defective 
and incapable of repair.
    (d) At each initial and subsequent inspection for certification, 
the marine inspector may require that a fire drill be held under 
simulated emergency conditions to be specified by the inspector.

PART 177--CONSTRUCTION AND ARRANGEMENT

0
256. The authority citation for part 177 continues to read as follows:

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation 
No. 0170.1.

0
257. Amend Sec.  177.410 to revise paragraph (c)(3) to read as follows:


Sec.  177.410  Structural fire protection.

* * * * *
    (c) * * *
    (3) Fire detection and extinguishing systems.
    (i) Fire detection and extinguishing systems must be installed in 
compliance with Sec. Sec.  181.400 through 181.420 of this subchapter.
    (ii) All fiber reinforced plastic (FRP) vessels constructed with 
general purpose resins must be fitted with a smoke activated fire 
detection system of an approved type, installed in accordance with 
Sec.  76.27 in subchapter H of this chapter, in--
    (A) Accommodation spaces;
    (B) Service spaces; and
    (C) Isolated spaces that contain an ignition source as defined in 
Sec.  175.400 of this section.
* * * * *
0
258. Add Sec.  177.420 to read as follows:


Sec.  177.420  Vessels complying with SOLAS structural fire protection 
requirements.

    Vessels meeting the structural fire protection requirements of 
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11, may be considered 
equivalent to the provisions of this subpart.

PART 181--FIRE PROTECTION EQUIPMENT

0
259. The authority citation for part 181 continues to read as follows:

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation 
No. 0170.1.

0
260. Revise Sec.  181.120 to read as follows:


Sec.  181.120  Equipment installed but not required.

    (a) Fire extinguishing equipment installed on a vessel in excess of 
the requirements of Sec. Sec.  181.400 and 181.500 of this part must be 
designed, constructed, installed, and maintained in accordance with a 
recognized industry standard acceptable to the Commandant (CG-ENG-4).
    (b) Use of non-approved fire detection systems may be acceptable as 
excess equipment provided that--
    (1) Components are listed by an independent, nationally recognized 
testing laboratory as set forth in 29 CFR 1910.7, and are designed, 
installed, tested, and maintained in accordance with an appropriate 
industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR, subchapter 
J (Electrical Engineering), especially the hazardous location 
electrical installation regulations in 46 CFR 111.105;
    (3) Coast Guard plan review is completed for wiring plans; and
    (4) The system and units remain functional as intended. To ensure 
this, marine inspectors may test and inspect the system during routine 
inspections.
0
261. Amend Sec.  181.310 as follows:
0
a. In paragraphs (a) and (c), remove the words ``fire hose'' wherever 
they appear and add, in their place, the word ``firehose''.
0
b. Add paragraph (d) to read as follows:


Sec.  181.310  Fire main and hydrants.

* * * * *
    (d) On vessels constructed after [30 DAYS AFTER DATE OF PUBLICATION 
OF FINAL RULE], where a 40 millimeter (1.5 inch) diameter firehose is 
required by Sec.  181.320(b) of this part, a spanner wrench suitable 
for use on the hose at that station must be provided.

Subpart D--Fixed Fire-Extinguishing and Detection Systems

0
262. Revise the heading for subpart D to read as set forth above.
0
263. Amend Sec.  181.400 as follows:
0
a. Revise the section heading;
0
b. In paragraph (b)(3), remove the text ``B-II'' and add, in its place, 
the text ``40-B'';
0
c. In paragraph (b)(5), remove the word ``semiportable'' and add, in 
its place, the word ``semi-portable'';
0
d. In paragraphs (b)(5)(i), (b)(5)(ii), and (b)(5)(iii), remove the 
word ``shall'' and add, in its place, the word ``must''; and
0
e. Remove paragraphs (c) through (g).


Sec.  181.400  Spaces required to have fixed fire extinguishing 
systems.

* * * * *
0
264. Add Sec.  181.405 to read as follows:


Sec.  181.405  Spaces required to have fire detection systems.

    (a) The following spaces must be equipped with a fire detection and 
alarm system of an approved type installed in accordance with 46 CFR, 
part 76 in subchapter H of this chapter, except when a fixed-gas fire 
extinguishing system that is capable of automatic discharge upon heat 
detection is installed or when the space is manned:
    (1) A space containing propulsion machinery.
    (2) A space containing an internal combustion engine of more than 
50 hp.
    (3) A space containing an oil-fired boiler.
    (4) A space containing machinery powered by gasoline or any other 
fuels having a flash point of 43.3 [deg]C (110 [deg]F) or lower.
    (5) A space containing a fuel tank for gasoline or any other fuel 
having a flash point of 43.3 [deg]C (110 [deg]F) or lower.
    (b) All griddles, broilers, and deep fat fryers must be fitted with 
a grease extraction hood in compliance with Sec.  181.425 of this 
subpart.
    (c) Each overnight accommodation space on a vessel with overnight 
accommodations for passengers must be fitted with an independent 
modular smoke detection and alarm unit in compliance with Sec.  181.450 
of this subpart.
    (d) An enclosed vehicle space must be fitted with an automatic 
sprinkler system that meets the requirements of 46 CFR, part 76 in 
subchapter H of this chapter and a fire detection and alarm system of 
an approved type that is installed in accordance with 46 CFR, part 76 
in subchapter H of this chapter.
    (e) A partially enclosed vehicle space must be fitted with a manual 
sprinkler system that meets the requirements of 46 CFR, part 76 in 
subchapter H of this chapter.


Sec.  181.410  [Amended]

0
265. Amend Sec.  181.410 as follows:
0
a. In paragraph (f)(5)(i), after the words ``must be equal to the gross 
volume of the system'', add the words ``in cubic meters'', remove the 
number ``160'' and add, in its place, the number ``.624'', and remove 
the number ``192'' and add, in its place, the number ``.749''; and
0
b. In paragraph (f)(6)(i), remove the number ``480'' and add, in its 
place, the number ``1.88''.
0
266. Revise Sec.  181.500 to read as follows:

[[Page 2354]]

Sec.  181.500  Required number, type, and location.

    (a) Each portable fire extinguisher on a vessel must be of an 
approved type. The minimum number of portable fire extinguishers 
required on a vessel must be acceptable to the cognizant Officer in 
Charge, Marine Inspection, but must not be fewer than the minimum 
number required by Table 181.500(b) and other provisions of this 
section.
    (b) Table 181.500(b) of this section indicates the minimum required 
classification 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 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
                                                     or fraction
                                                     thereof.
Galley......................  40-B:C..............  1.
Pantry, concession stand....  2-A.................  1 in the vicinity of
                                                     the exit.
------------------------------------------------------------------------

    (c) A vehicle deck without a fixed sprinkler system and exposed to 
weather must have one 40-B portable fire extinguisher for every five 
vehicles, located near an entrance to the space.
    (d) The frame or support of each semi-portable fire extinguisher 
permitted by paragraph (a) of this section must be welded or otherwise 
permanently attached to a bulkhead or deck.

PART 182--MACHINERY INSTALLATION

0
267. The authority citation for part 182 continues to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

0
268. Revise Sec.  182.720(a) to read as follows:


Sec.  182.720  Nonmetallic piping materials.

    (a) Rigid nonmetallic materials (plastic) may be used only in non-
vital systems and in accordance with paragraphs (c) and (d) of this 
section. Alternatively, piping systems meeting the requirements of 
Sec.  56.60-25(a) of this part may be used, provided that the 
installation requirements of paragraphs (c) and (d) of this section are 
met.
* * * * *

PART 185--OPERATIONS

0
269. The authority citation for part 185 continues to read as follows:

    Authority:  46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.

0
270. Amend Sec.  185.612 as follows:
0
a. Revise the section heading;
0
b. In paragraph (d), remove the word ``alarm'' and add, in its place, 
the word ``indicator'';
0
c. Revise paragraph (e) to read as follows; and
0
d. In paragraph (f), after the words ``or as otherwise required by 
the'', remove the word ``cognizant'', and remove the word ``shall'' and 
add, in its place, the word ``must''.


Sec.  185.612  Fire protection equipment.

* * * * *
    (e) An indicator for a fire detection and alarm system must be 
conspicuously marked in clearly legible letters ``FIRE ALARM''.
* * * * *

PART 188--GENERAL PROVISIONS

0
271. The authority citation for part 188 continues to read as follows:

    Authority:  46 U.S.C. 2113, 3306; Pub. L 103-206, 107 Stat. 
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


Sec.  188.01-3  [Amended]

0
272. Amend Sec.  188.01-3 to add, after the words ``dangerous articles 
or substances.'', the sentence ``The regulations in this subchapter 
(parts 188, 189, 190, and 193 through 196) have preemptive effect over 
State or local regulations in the same field.''.
0
273. Add Sec.  188.01-5 to read as follows:


Sec.  188.01-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register 
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, the Coast Guard must publish 
notice of change in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, 
Washington, DC 20593-7509, and is available from the sources listed 
below. It is also available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 
Edition, (``NFPA 10''), IBR approved for Sec.  189.25-20(a).
    (2) [Reserved]

PART 189--INSPECTION AND CERTIFICATION

0
274. The authority citation for part 189 continues to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306, 3307; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 
54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security 
Delegation No. 0170.1.

0
275. Amend Sec.  189.25-20 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must'';
0
b. In paragraph (a) introductory text, remove the third sentence; and
0
c. Revise paragraph (a)(1) to read as follows:

[[Page 2355]]

Sec.  189.25-20  Fire extinguishing equipment.

    (a) * * *
    (1) All portable fire extinguishers and semi-portable fire 
extinguishing systems must be inspected and maintained in accordance 
with NFPA 10 (incorporated by reference, see Sec.  188.01-5) as amended 
here:
    (i) Certification or licensing by the state or local jurisdiction 
as a fire extinguisher servicing agency will be accepted by the Coast 
Guard as meeting the personnel certification requirements of NFPA 10 
for annual maintenance and recharging of extinguishers.
    (ii) Monthly inspections required by NFPA 10 may be conducted by 
the owner, operator, person-in-charge, or a designated member of the 
crew.
    (iii) Non-rechargeable or non-refillable extinguishers must be 
inspected and maintained in accordance with NFPA 10; however, the 
annual maintenance need not be conducted by a certified person and can 
be conducted by the owner, operator, person-in-charge, or a designated 
member of the crew.
    (iv) The owner or managing operator must provide satisfactory 
evidence of the required servicing to the marine inspector. If any of 
the equipment or records have not been properly maintained, a qualified 
servicing facility must perform the required inspections, maintenance 
procedures, and hydrostatic pressure tests. A tag issued by a qualified 
servicing organization, and attached to each extinguisher, may be 
accepted as evidence that the necessary maintenance procedures have 
been conducted.

PART 190--CONSTRUCTION AND ARRANGEMENT

0
276. The authority citation for part 190 continues to read as follows:

    Authority:  46 U.S.C. 2113, 3306; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation 
No. 0170.1.

0
277. Amend Sec.  190.07-1 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, it its place, 
the word ``must'';
0
b. In paragraphs (a) and (b), remove the words ``and over'' and add, in 
their place, the words ``or more'';
0
c. In paragraph (c), after the words ``meet the requirements of Sec.  
190.07-90'', add the words ``of this subpart''; and
0
d. Add paragraph (e) to read as follows:


Sec.  190.07-1  Application.

* * * * *
    (e) Vessels meeting the structural fire protection requirements of 
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11, may be considered 
equivalent to the provisions of this subpart.

PART 193--FIRE PROTECTION EQUIPMENT

0
278. The authority citation for part 193 continues to read as follows:

    Authority:  46 U.S.C. 2213, 3102, 3306; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.

0
279. Revise Sec.  193.01-3 to read as follows:


Sec.  193.01-3  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 
2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 
20593-7509, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) ASTM International (formerly American Society for Testing and 
Materials), 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 
610-832-9585, http://www.astm.org.
    (1) ASTM F 1121-87, Standard Specification for International Shore 
Connections for Marine Fire Applications, 1993, IBR approved for Sec.  
193.10-10.
    (2) [Reserved]
    (c) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, 617-770-3000, http://www.nfpa.org.
    (1) NFPA 13, Standard for the Installation of Sprinkler Systems, 
2010 Edition (``NFPA 13''), IBR for Sec.  193.30-1.
    (2) [Reserved]
0
280. Amend Sec.  193.01-5 as follows:
0
a. In paragraph (a), after the words ``vessels of less than 300 gross 
tons, where'', remove the words ``fire detecting or'', and remove the 
word ``shall'' and add, in its place, the word ``must''; and
0
b. Add paragraph (b) to read as follows:


Sec.  193.01-5  Equipment installed but not required.

* * * * *
    (b) Use of non-approved fire detection systems may be acceptable as 
excess equipment provided that--
    (1) Components are listed by an independent, nationally recognized 
testing laboratory as set forth in 29 CFR 1910.7, and are designed, 
installed, tested, and maintained in accordance with an appropriate 
industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR, subchapter 
J (Electrical Engineering), especially the hazardous location 
electrical installation regulations in 46 CFR 111.105;
    (3) Coast Guard plan review is completed for wiring plans; and
    (4) The system and units remain functional as intended. To ensure 
this, marine inspectors may test and inspect the system during routine 
inspections.
0
281. Amend Sec.  193.10-5 as follows:
0
a. Revise paragraph (a) to read as follows;
0
b. In paragraph (b), after the words ``On vessels of 1,000 gross 
tons'', remove the words ``and over'' and add, in their place, the 
words ``or more'', and remove the word ``shall'' in the first sentence 
and add, in its place, the word ``must'';
0
c. In paragraphs (d), (e), and (g), remove the word ``shall'' and add, 
in its place, the word ``must'';
0
d. In paragraph (f), remove the word ``shall'' in the second sentence 
and add, in its place, the word ``may'', and remove the word ``shall'' 
in the third sentence and add, in its place, the word ``must'';
0
e. Revise paragraph (h) to read as follows;
0
f. In paragraph (i) introductory text, after the words ``Except as 
provided for in Sec.  193.10-10(e)'', add the words ``of this 
subpart''; and
0
g. In paragraph (i)(1)(ii), remove the section number ``Sec.  193.10-
5(i)(1)(i)'' and add, in its place, the section number ``Sec.  193.10-
5(i)(1)(i)(B)''.


Sec.  193.10-5  Fire pumps.

    (a) Vessels must be equipped with independently driven fire pumps 
in accordance with Table 193.10-5(a) of this section.

[[Page 2356]]



                                  Table 193.10-5(a)--Required Fire Pump System
----------------------------------------------------------------------------------------------------------------
                   Gross tons                         Minimum        Hose and
-------------------------------------------------    number of     hydrant size,  Nozzle orifice     Length of
              Over                   Not over          pumps          inches       size, inches     hose, feet
----------------------------------------------------------------------------------------------------------------
                                             100           \1\ 1        \1\1 1/2         \1\ 1/2              50
100.............................           1,000               1           1 1/2             5/8              50
1,000...........................           1,500               2           1 1/2             5/8              50
1,500...........................  ..............               2        \2\2 1/2         \2\ 7/8           \2\50
----------------------------------------------------------------------------------------------------------------
\1\ On vessels of 65 feet in length or less, \3/4\-inch hose of good commercial grade together with a commercial
  garden hose nozzle may be used. The pump may be hand operated and the length of hose must be sufficient to
  assure coverage of all parts of the vessel.
\2\ 75 feet of 1\1/2\-inch hose and \5/8\-inch nozzle may be used where specified by Sec.   193.10-10(b) of this
  subpart for interior locations and 50 feet 1\1/2\-inch hose may be used in exterior locations on vessels in
  other than ocean or coastwise services. Vessels on ocean or coastwise services may substitute two 1\1/2\-inch
  outlets with two 1\1/2\-inch hoses supplied through a wye connection in exterior locations.

* * * * *
    (h) Where two fire pumps are required on vessels with main or 
auxiliary oil-fired boilers or with internal combustion propulsion 
machinery, the pumps must be located in separate spaces. The pumps, sea 
connections, and sources of power must be arranged to insure that a 
fire in any one space will not put all of the fire pumps out of 
operation. However, where it is shown to the satisfaction of the 
Commandant that it is unreasonable or impracticable to meet this 
requirement, the installation of a fixed fire extinguishing system may 
be accepted as an alternate method of extinguishing any fire that would 
affect the powering and operation for the required fire pumps.
* * * * *
0
282. Amend Sec.  193.10-10 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must'';
0
b. In paragraph (a), after the words ``as noted in Table 193.10-5(a)'', 
add the words ``of this subpart'';
0
c. Revise paragraph (b) to read as follows;
0
d. In paragraph (c), remove the words ``and over'' wherever they appear 
and add, in their place, the words ``or more'';
0
e. In paragraph (g), after the words ``with nozzle attached and a 
spanner'', add the word ``wrench'';
0
f. In paragraph (h), remove the words ``Fire hose'' and add, in their 
place, the word ``Firehose'';
0
g. In paragraph (j)(1), after the words ``and in the immediate vicinity 
of each laboratory;'', add the word ``and'';
0
h. In paragraph (j)(2), remove the number ``1000'' and add, in its 
place, the number ``1,000''; and
0
i. In paragraph (m)(3), after the words ``is permitted by Table 193.10-
5(a)'', add the words ``of this subpart'', and in paragraph (m)(4), 
remove the words ``fire hose'' wherever they appear and add, in their 
place, the word ``firehose''.


Sec.  193.10-10  Fire hydrants and hose.

* * * * *
    (b) In lieu of the 2\1/2\-inch hose and hydrants specified in Table 
193.10-5(a) of this subpart, on vessels of more than 1,500 gross tons, 
the hydrants in interior locations may have wye connections for 1\1/2\-
inch hose. In these cases, the hose must be 75 feet in length, and only 
one hose will be required at each fire station; however, if all such 
stations can be satisfactorily served with 50-foot lengths, 50-foot 
hose may be used. The hydrants for exterior locations may substitute 
two 1\1/2\-inch outlets, each with a 1\1/2\-inch hose, supplied through 
a wye connection.
* * * * *
0
283. Revise Sec.  193.30-1 to read as follows:


Sec.  193.30-1  Application

    Automatic sprinkling systems must comply with Chapter 25 of NFPA 13 
(incorporated by reference, see Sec.  193.01-3).


Sec.  193.50-1  [Amended]

0
284. Amend Sec.  193.50-1 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must''; and
0
b. In paragraph (c), remove the word ``semiportable'' and add, in its 
place, the word ``semi-portable''.


Sec.  193.50-5  [Removed]

0
285. Remove Sec.  193.50-5.
0
286. Revise Sec.  193.50-10 to read as follows:


Sec.  193.50-10  Location.

    (a) Approved portable fire extinguishers and semi-portable fire 
extinguishing systems must be installed in accordance with Table 
193.50-10(a) of this section. The location of the equipment must be to 
the satisfaction of the Officer in Charge, Marine Inspection (OCMI). 
Nothing in this paragraph must be construed as limiting the OCMI from 
requiring such additional equipment as he or she deems necessary for 
the proper protection of the vessel.
    (b) Table 193.50-10(a) indicates the minimum required 
classification 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.
    (c) Semi-portable fire extinguishing systems must be located in the 
open so as to be readily seen.
    (d) If portable fire extinguishers are not located in the open or 
behind glass so that they may be readily seen, they may be placed in 
enclosures together with the firehose, provided such enclosures are 
marked as required by Sec.  196.37-15 of this subchapter.

  Table 193.50-10(a)--Carriage of Portable Fire Extinguisher and Semi-
                   Portable Fire-Extinguishing Systems
------------------------------------------------------------------------
                                Minimum  required       Quantity and
            Space                    rating               location
------------------------------------------------------------------------
Safety Areas
    Wheelhouse or fire        ....................  None.
     control room.
    Stairway and elevator     ....................  None.
     enclosures.
    Communicating corridors.  2-A.................  1 in each main
                                                     corridor not more
                                                     than 150 ft apart.
                                                     (May be located in
                                                     stairways.)
    Lifeboat embarkation and  ....................  None.
     lowering stations.

[[Page 2357]]

 
    Radio room..............  20-B:C \1\..........  2 in the vicinity of
                                                     the exit.\1\
Accommodations
    Staterooms, toilet        ....................  None.
     spaces, public spaces,
     offices, lockers,
     isolated storerooms,
     pantries, open decks,
     etc.
Service spaces
    Galleys.................  40-B:C..............  1 for each 2,500 sq
                                                     ft or fraction
                                                     thereof.
Machinery spaces
    Paint and lamp rooms....  40-B................  1 outside space in
                                                     the vicinity of the
                                                     exit.
    Accessible baggage,       2-A.................  1 for each 2,500 sq
     mail, and specie rooms,                         ft or fraction
     and storerooms.                                 thereof located in
                                                     the vicinity of the
                                                     exits, either
                                                     inside or outside
                                                     the spaces.
    Carpenter shop and        2-A.................  1 outside the space
     similar spaces.                                 in the vicinity of
                                                     the exit.
    Coal-fired boilers:       ....................  None.
     Bunker and boiler space.
    Oil-fired boilers:        40-B................  2 required.\2\
     Spaces containing oil-
     fired boilers, either
     main or auxiliary, or
     their fuel-oil units.
                              160-B...............  1 required.\3\
    Internal combustion or    40-B................  1 for each 1,000
     gas turbine propelling                          brake horsepower,
     machinery spaces.                               but not fewer than
                                                     2 nor more than
                                                     6.\4\
                              120-B...............  1 required.5 6
    Electric propulsive       40-B:C..............  1 for each
     motors or generators of                         propulsion motor or
     open type.                                      generator unit.
    Enclosed ventilating      ....................  None.
     systems for motors and
     generators of electric
     propelling machinery.
Auxiliary spaces:
    Internal combustion gas   40-B................  1 outside the space
     turbine.                                        in vicinity of the
                                                     exit.\6\
    Electric emergency        40-B:C..............  1 outside the space
     motors or generators..                          in vicinity of the
                                                     exit.\7\
    Steam...................  ....................  None required.
    Trunks to machinery       ....................  None required.
     spaces.
    Fuel tanks..............  ....................  None required.
Scientific spaces
    Chemistry laboratory or   40-B:C..............  2 for each 300 sq ft
     scientific laboratory.                          of deck space or
                                                     fraction thereof,
                                                     with one (1) of
                                                     each kind located
                                                     in the vicinity of
                                                     the exit.
    Chemical storeroom......  40-B:C..............  Same as for the
                                                     chemistry
                                                     laboratory.
Spare Units
                              2-A.................  10 percent of
                                                     required units
                                                     rounded up.
                              40-B:C..............  10 percent of
                                                     required units
                                                     rounded up.
------------------------------------------------------------------------
\1\ For vessels on an international voyage, substitute one 40-B:C in
  vicinity of the exit.
\2\ Vessels of fewer than 1,000 GT require one.
\3\ Vessels of fewer than 1,000 GT may substitute one 120-B.
\4\ Only one required for motorboats.
\5\ If oil burning donkey boiler fitted in space, the 160-B previously
  required for the protection of the boiler may be substituted. Not
  required where a fixed carbon dioxide system is installed.
\6\ Not required on vessels of fewer than 300 GT if fuel has a flash-
  point higher than 110[emsp14][deg]F.
\7\ Not required on vessels of fewer than 300 GT.

    (e) Portable fire extinguishers and their stations must be numbered 
in accordance with Sec.  196.37-15 of this subchapter.
    (f) Portable or semi-portable extinguishers, which are required on 
their nameplates to be protected from freezing, must not be located 
where freezing temperatures may be expected.


Sec.  193.50-15  [Removed]

0
287. Remove Sec.  193.50-15.
0
288. Amend Sec.  193.50-20 as follows:
0
a. Revise the section heading to read as follows;
0
b. In paragraph (a), remove the words ``size III, IV, and V'' and add, 
in their place, the word ``semi-portable'', and after the words 
``required by Table 193.50-10(a)'', add the words ``of this subpart'';
0
c. In paragraph (b), remove the words ``size III, IV, or V'' and add, 
in their place, the word ``semi-portable'', and after the words 
``required by Table 193.50-10(a)'', add the words ``of this subpart''; 
and
0
d. Add new paragraph (c) to read as follows:


Sec.  193.50-20  Semi-portable fire extinguishers.

* * * * *
    (c) Semi-portable extinguishers must be fitted with suitable hose 
and nozzle, or other practicable means, so that all areas of the space 
can be protected.
0
289. Add Sec.  193.50-80 to read as follows:


Sec.  193.50-80  Locations and number of fire extinguishers required 
for vessels constructed prior to [30 DAYS AFTER DATE OF PUBLICATION OF 
FINAL RULE].

    Vessels contracted for prior to [30 DAYS AFTER DATE OF PUBLICATION 
OF FINAL RULE], must meet the following requirements:
    (a) Previously installed extinguishers with extinguishing 
capacities smaller than what is required in Table 193.50-10(a) of 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 subpart for new vessels.


Sec.  193.50-90  [Amended]

0
290. Amend Sec.  193.50-90 as follows:
0
a. Remove the word ``shall'' wherever it appears and add, in its place, 
the word ``must'';
0
b. In paragraph (a)(1), remove the words ``Sec. Sec.  193.50-5 through 
193.50-

[[Page 2358]]

15'', and add, in its place, the words ``Sec.  193.50-10 of this 
subpart,'';
0
c. In paragraph (a)(2), remove the words ``of Sec. Sec.  193.50-5 
through 193.50-15'', and add, in its place, the words ``Sec.  193.50-10 
of this subpart'', and after the text ``Table 193.50-10(a)'' wherever 
it appears, add the words ``of this subpart''; and
0
d. Add and reserve paragraph (b).

    Dated: December 11, 2013.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2013-29863 Filed 1-10-14; 8:45 am]
BILLING CODE 9110-04-P