[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Proposed Rules]
[Pages 20827-20838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09699]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 175

46 CFR Part 25

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


Fire Protection for Recreational Vessels

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the rules for recreational 
vessels by moving fire extinguishing equipment standards for 
recreational vessels from the uninspected vessel subchapter, which 
includes requirements for both recreational and commercial vessels, to 
the subchapter applicable only to recreational vessels. This proposed 
move would relieve owners of recreational vessels from having to adhere 
to NFPA 10 fire extinguisher inspection, maintenance, and recordkeeping 
requirements intended to apply to commercial vessels only. This would 
not alter fire extinguishing equipment standards for commercial 
vessels, but would correct an incongruity in our regulations.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 12, 2019. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
on or before 60 days after publication in the Federal Register.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0099 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or

[[Page 20828]]

email Sean Ramsey, Office of Design and Engineering Standards, 
Lifesaving and Fire Safety Division (CG-ENG-4), Coast Guard; telephone 
202-372-1392, email [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

I. Public Participation and Request for Comments
II. Abbreviations
III. Basis and Purpose
    A. Purpose
    B. Basis
IV. Background
V. Discussion of Proposed Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    The Coast Guard views public participation as essential to 
effective rulemaking, and will consider all comments and material 
received during the comment period. Your comment can help shape the 
outcome of this rulemaking. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If you cannot submit your 
material by using https://www.regulations.gov, contact the person in 
the FOR FURTHER INFORMATION CONTACT section of this notice of proposed 
rulemaking (NPRM) for alternate instructions. Documents mentioned in 
this NPRM, and all public comments, will be available in our online 
docket at https://www.regulations.gov, and can be viewed by following 
that website's instructions. Additionally, if you visit the online 
docket and sign up for email alerts, you will be notified when comments 
are posted or if a final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    We are not planning to hold a public meeting, but will consider 
doing so if public comments indicate a meeting would be helpful. We 
would issue a separate Federal Register notice to announce the date, 
time, and location of such a meeting.

II. Abbreviations

CATEX Categorical exclusion
CFR Code of Federal Regulations
``Fire Protection'' rule Harmonization of Standards for Fire 
Protection, Detection, and Extinguishing Equipment final rule, 81 FR 
48220, published July 22, 2016
FR Federal Register
NBSAC National Boating Safety Advisory Council
NFPA 10 National Fire Protection Association Standard for Portable 
Fire Extinguishers, 2010 edition
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RA Regulatory analysis
Sec.  Section symbol
U.S.C. United States Code

III. Basis and Purpose

A. Purpose

    This proposed rule would update Coast Guard regulations pertaining 
to fire extinguishing equipment requirements and the associated 
standards used by recreational vessels. The Coast Guard proposes 
removing some requirements and burdens that were unintentionally 
applied to the recreational vessel community by the final rule titled, 
``Harmonization of Standards for Fire Protection, Detection, and 
Extinguishing Equipment'' (the ``Fire Protection'' rule), 81 FR 48220, 
published July 22, 2016. The Coast Guard also proposes moving fire 
extinguishing equipment rules for recreational vessels from subpart 
25.30 (Fire Extinguishing Equipment) of subchapter C (Uninspected 
Vessels) of Title 46 of the Code of Federal Regulations (CFR) to part 
175 of subchapter S (Boating Safety) of Title 33, where other 
recreational vessel rules already exist.

B. Basis

    Section 4302(a)(2) of Title 46 of the United States Code (U.S.C.) 
authorizes the Secretary of Homeland Security to prescribe regulations 
requiring the installation, carrying, or use of firefighting equipment 
and prohibiting the installation, carrying, or use of equipment that 
does not conform to the safety standards established under section 
4302. The Secretary of Homeland Security delegated this authority to 
the Coast Guard by the Department of Homeland Security Delegation No. 
0170.1(II)(92)(b).

IV. Background

    Portable fire extinguishers may be rechargeable or non-rechargeable 
(disposable). Rechargeable extinguishers can be refilled after use or 
after a certain amount of time has elapsed, while non-rechargeable 
extinguishers must be discarded. Recreational vessels typically carry 
non-rechargeable extinguishers. This is because rechargeable 
extinguishers are not common in the 5-B size that is required for 
recreational vessels, and can be difficult to find and purchase. Also, 
rechargeable units of this size tend to be special purpose 
extinguishers such as carbon dioxide or clean agent extinguishers 
commonly used in an areas such as server rooms, not on recreational 
vessels, and come at a significantly higher price than non-rechargeable 
extinguishers.
    Through the ``Fire Protection'' rule, the Coast Guard sought to 
harmonize and align Coast Guard regulations with current international 
and industry consensus standards, including the National Fire 
Protection Association's ``Standard for Portable Fire Extinguishers,'' 
2010 edition (NFPA 10).\1\ NFPA 10 requires vessel owners and operators 
to complete monthly visual inspections and annual maintenance--defined 
in NFPA 10 as a thorough examination, and repair or replacement if 
needed--of portable fire extinguishers, and to maintain records of the 
inspections and maintenance. In the ``Fire Protection'' rule, the Coast 
Guard allowed the monthly inspections of all fire extinguishers to be 
carried out by the vessel owner, operator, person-in-charge, or a 
designated member of the crew, rather than by a certified person as 
provided in NFPA 10. The ``Fire Protection'' rule also allowed these 
individuals to perform annual maintenance on non-rechargeable 
(disposable) extinguishers, but retained the NFPA 10 requirement that 
rechargeable extinguishers be maintained by a certified person such as 
a licensed servicing agency.
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    \1\ NFPA is a nonprofit organization that develops technical 
codes and consensus standards to eliminate death, injury, property 
and economic loss due to fire, electrical and related hazards. NFPA 
10 is one of those standards that lists requirements to ensure that 
portable fire extinguishers will work as intended to provide a first 
line of defense against fires of limited size.
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    As part of the regulatory analysis (RA) for the 2016 ``Fire 
Protection'' rule, the Coast Guard estimated that recreational vessel 
owners would not be burdened by any costs from the implementation of 
NFPA 10. The Coast Guard did not

[[Page 20829]]

receive public comments on this topic during the public comment period 
on that rule. After publication of the rule, however, we realized the 
requirements to visually inspect and maintain non-rechargeable 
(disposable) extinguishers as described in NFPA 10, and to keep records 
of those activities in compliance with NFPA 10, represented new burdens 
on recreational vessel owners and operators. We did not account for 
those burdens in the RA for the 2016 rule and we lacked the data to 
justify placing those burden on recreational vessel owners and 
operators.
    Finally, after publication of the ``Fire Protection'' rule, the 
Coast Guard noted an incongruity in our vessel safety regulations 
regarding fire extinguishers. The current recreational vessel fire 
extinguishing equipment rules exist separately from other recreational 
vessel rules. This proposed rule would consolidate the recreational 
vessel fire extinguishing equipment requirements from 46 CFR subpart 
25.30 into 33 CFR part 175, where other recreational vessel-specific 
rules are located. This proposed rule would also create a clear 
distinction between fire extinguishing equipment regulations intended 
for commercial vessels and the regulations intended for recreational 
vessels.
    In support of this effort, on October 22, 2016, the National 
Boating Safety Advisory Council (NBSAC) passed a resolution (NBSAC 
Resolution 2016-96-02) recommending that the Coast Guard remove the 
NFPA 10 recordkeeping requirements from recreational vessels and 
consolidate recreational vessel fire protection and boating safety 
requirements into 33 CFR subchapter S. The 50 States and 6 U.S. 
territories that enforce boating safety requirements may choose to 
incorporate Coast Guard regulations into their own legislation or 
regulations. We alerted the States to the NBSAC Resolution 2016-96-02 
and to the fact that we did not intend for recreational vessel owners 
and operators to be subject to the NPFA 10 monthly visual inspection, 
annual maintenance, and recordkeeping requirements.

V. Discussion of Proposed Rule

    This proposed rule is discussed in detail in the following three 
steps:
    (1) Remove recreational vessel fire extinguishing equipment 
regulations from 46 CFR subpart 25.30 (Fire Extinguishing Equipment).
    (a) Fire extinguishing equipment regulations in 46 CFR subpart 
25.30 (Fire Extinguishing Equipment) currently apply to all motorboats 
and motor vessels (as defined by 46 CFR 24.10-1), both recreational and 
commercial. In order to make subpart 25.30 regulations apply to 
commercial vessels only, the Coast Guard proposes to revise the 
applicability section in 46 CFR 25.30-1 so that the fire extinguishing 
equipment regulations in subpart 25.30 would explicitly not apply to 
recreational vessels. We would change only the applicability of the 
fire extinguishing equipment regulations, and would not change the 
applicability of any other requirements in part 25.
    (b) The other requirements in part 25 (life preservers, navigation 
lights, ventilation, etc.) will not be changed or moved to Title 33 of 
the CFR because they either expressly exclude recreational vessels or 
already exist in the Title 33 provisions for recreational vessels.
    (2) Move all of the fire extinguishing equipment regulations for 
recreational vessels from 46 CFR subpart 25.30 to 33 CFR part 175, 
subpart E, and revise the regulations to no longer require recreational 
vessel owners and operators to follow the monthly visual inspection, 
annual maintenance, and recordkeeping requirements of NFPA 10.
    (a) The Coast Guard would create a new subpart E, Fire Protection 
Equipment, under part 175 (Equipment Requirements) in 33 CFR subchapter 
S (Boating Safety), and add the fire extinguishing equipment 
regulations from 46 CFR subpart 25.30 to that new subpart.
    (b) The Coast Guard would limit the applicability of this new 
subpart to recreational vessels, as defined in 33 CFR 175.3, with 
propulsion machinery to clarify that the fire extinguishing equipment 
requirements would not apply to non-motorized sail boats, kayaks, 
canoes, and other human powered recreational vessels that do not 
require portable fire extinguishers. The fire extinguishing equipment 
requirements added to subpart E would be the same as in current 46 CFR 
subpart 25.30, but would be modified to clarify the regulatory 
language, update outdated information, and omit the requirement for 
recreational vessels to comply with NFPA 10. Instead of applying NFPA 
10 and requiring monthly visual inspections, annual maintenance, and 
recordkeeping, we would indicate that fire extinguishers should be 
maintained in good and serviceable condition. Both the ``good and 
serviceable condition'' standard and the NFPA 10 requirements (monthly 
visual inspection, annual maintenance, and recordkeeping) exist to 
achieve the same result--that fire extinguishers remain in a working 
condition. However, the NFPA 10 requirements are very specific and 
prescriptive. The good and serviceable condition'' standard is goal 
oriented and non-prescriptive. The ``good and serviceable condition'' 
standard relieves the owners and operators of recreational vessels of 
the burden of following the specifics of NFPA 10 while allowing them 
the freedom to achieve the same result as the NFPA 10 requirements. For 
these reasons, the Coast Guard has opted to follow the goal-based 
standard to ensuring fire extinguishers remain in working condition 
instead of NFPA 10's prescriptive and regimented inspection, 
maintenance and recordkeeping requirements for recreational vessels.
    (3) Update text in 33 CFR part 175, new subpart E--Fire Protection 
Equipment.
    (a) The Coast Guard would make several small administrative changes 
to the text being moved from 46 CFR subpart 25.30 to new 33 CFR part 
175 subpart E, to clarify the regulatory language and update outdated 
information. For example, we would remove reference to the no longer 
published COMDTINST M16714.3, and remove references to the Marine 
Safety Center as an approving entity for fire extinguishers as they no 
longer approve fire extinguishers.
    (b) The Coast Guard would change the terms ``motorboats'' and 
``motor vessels,'' as currently used in subpart 25.30, to more clear 
terms of ``Recreational vessels 65 feet and less in length'' and 
``Recreational vessels more than 65 feet in length'' respectively. This 
change would align the language used in new subpart E with the 
terminology already used in 33 CFR part 175, and reinforce the 
subpart's intent to apply the requirements to recreational vessels, and 
not all motorboats and motor vessels. It would also make clearer the 
distinction between the two vessel size categories, allowing readers to 
easily find the fire extinguishing equipment requirements appropriate 
for a particular type of vessel.
    (c) The Coast Guard would add new language to clarify acronyms, and 
update cross-references to 46 CFR subpart 25.30. For example, replacing 
the B.H.P. acronym with ``brake horse power'' and updating references 
to clearly point towards 46 CFR instead of chapter I.
    (d) The Coast Guard would modify the language moved from 46 CFR 
subpart 25.30 to refer to recreational vessels by model years, as 
opposed to contracting or manufacturing dates. The latter are 
applicable to commercial vessels only. This change would allow the 
recreational boating community to more easily identify their vessel

[[Page 20830]]

requirements, and it would align with industry and market naming 
practices.
    (e) Because this rule is not intended to and would not change any 
exceptions that already apply to recreational vessels, the Coast Guard 
proposes to retain all the existing recreational fire extinguishing 
equipment exemptions, such as those for vessels manufactured before 
August 22, 2016, and the fire extinguishing equipment exemptions for 
vessels manufactured before November 19, 1952, as provided in 46 CFR 
25.30-80 and 46 CFR 25.30-90. Where we previously allowed exemptions 
for vessels manufactured or contracted before August 22, 2016, we would 
apply the same exemptions to recreational vessels with model years 
before 2017. Where regulations previously exempted vessels manufactured 
or contracted before November 19, 1952, we would apply those exemptions 
to recreational vessels with model years before 1953. We would also 
retain the exemption in 46 CFR 25.30-20(a) that allows recreational 
vessels less than 26 feet in length propelled by outboard motors and 
not carrying passengers for hire to not have to carry portable fire 
extinguishers if the construction of the vessel will not permit the 
entrapment of explosive or flammable gases or vapors.
    In summary, the Coast Guard proposes separating recreational vessel 
fire extinguishing equipment rules from commercial vessel fire 
extinguishing equipment rules, and consolidating recreational vessel-
specific requirements into one part, which would not contain NFPA 10 
visual inspection, annual maintenance, and recordkeeping requirements 
for recreational vessels. This change would affect only recreational 
vessels with propulsion machinery, and would not affect commercial 
vessels.

VI. Regulatory Analyses

    The Coast Guard developed this NPRM after considering numerous 
statutes and Executive orders related to rulemaking. A summary of our 
analyses based on these statutes or Executive orders follows.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs) directs agencies to reduce regulation and control regulatory 
costs, and provides that ``for every one new regulation issued, at 
least two prior regulations be identified for elimination, and that the 
cost of planned regulations be prudently managed and controlled through 
a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
proposed rule a significant regulatory action under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. OMB 
considers this rule to be an Executive Order 13771 deregulatory action. 
See OMB's Memorandum ``Guidance Implementing Executive Order 13771, 
Titled `Reducing Regulation and Controlling Regulatory Costs' '' (April 
5, 2017). An RA follows.
    The Coast Guard promulgates regulations to ensure that maritime 
organizations and employees engage in activities that protect the 
environment, human, and marine life, and that reflect safe boating 
practices. To meet this mission, this proposed rule would correct 
errors resulting from the ``Fire Protection'' final rule (81 FR 48220), 
effective as of August 22, 2016. The ``Fire Protection'' update to the 
fire extinguishing equipment rules in 46 CFR subpart 25.30 
(Requirements) of subchapter C (Uninspected Vessels) inadvertently 
applied NFPA 10 monthly visual inspection, annual maintenance, and 
recordkeeping requirements to both recreational and commercial vessels, 
which created unintended regulatory requirements for recreational 
vessels--the largest regulated vessel community under the Coast Guard's 
purview. The proposed rule would remove the NFPA 10 recordkeeping and 
monthly visual inspection requirements together with the requirement 
for annual maintenance from the recreational vessel community, and 
require extinguishers be kept in good and serviceable condition. The 
proposed rule would not change the fire extinguishing equipment 
requirements for commercial vessels in 46 CFR subpart 25.30 or any 
other recreational vessel requirements.
    Additionally, the Coast Guard proposes to correct an incongruity in 
our vessel safety equipment regulations by shifting recreational vessel 
fire extinguishing equipment requirements from 46 CFR subpart 25.30, 
(Fire Extinguishing Equipment) to 33 CFR part 175, new subpart E 
(Equipment Requirements). This would move all the recreational vessel 
fire extinguishing equipment rules from a commercial vessel subpart in 
46 CFR subpart 25.30 to a recreational vessel section in 33 CFR part 
175. This alignment would not alter the regulations for commercial 
vessels, but would separate commercial regulations from regulations for 
the recreational vessel community.
    The Coast Guard considered a potential cost of this proposed rule. 
There is a possibility that States and territorial jurisdictions had 
chosen to update their statutes and regulations to incorporate NFPA 10 
into their legislation or regulations. Based on available data and a 
thorough search of state legislative documents, the Coast Guard finds 
no evidence of the States and territorial jurisdictions changing their 
regulations to satisfy NFPA 10. Therefore, we determine that the States 
and territorial jurisdictions will not need to revise their regulations 
and incur any cost.\2\
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    \2\ Per Coast Guard subject matter expert review and 
communication with State & territorial jurisdictions.
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    There are no costs to the regulated public. The primary cost 
savings of this rule would be from correcting the unintended regulatory 
requirements of NFPA 10 inspection, maintenance, and recordkeeping 
requirements placed on the recreational vessel community.
    Table 1 presents a summary of the impacts of this proposed rule.

[[Page 20831]]



            Table 1--Summary of Impacts of the Proposed Rule
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             Category                              Summary
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Applicability.....................  Recreational vessels are no longer
                                     required to comply with the fire
                                     extinguishing equipment
                                     requirements in 46 CFR subpart
                                     25.30.
Affected population...............  11,005,841 recreational vessels with
                                     disposable fire extinguishers (50
                                     States and 6 Territorial
                                     jurisdictions).
Costs (2016$, 7% discount rate)...  No Cost.
Cost Savings......................  Removes NFPA 10 inspection,
                                     maintenance, and recordkeeping
                                     requirements from the recreational
                                     vessel community. Savings equate to
                                     12 minutes per year per vessel.
Benefits..........................  Shifts recreational vessel fire
                                     extinguishing equipment
                                     requirements from 46 CFR subpart
                                     25.30 to 33 CFR part 175, subpart
                                     E, creating a clear distinction
                                     between fire extinguishing
                                     equipment regulations intended for
                                     commercial vessels and those
                                     intended for recreational vessels.
------------------------------------------------------------------------

Affected Population
    The affected population consists of recreational vessels subject to 
the provisions of 46 CFR subpart 25.30 and the 50 State and 6 
territorial jurisdictions. The RA performed for the ``Fire Protection'' 
final rule (81 FR 48220) used recreational vessel population data from 
the Coast Guard Office of Auxiliary and Boating Safety's document 
titled, 2013 Recreational Boating Statistics,\3\ to estimate the 
affected population. For this analysis, the Coast Guard uses the most 
recently published data from the 2016 Recreational Boating Statistics 
to identify a population of 11,005,841 \4\ registered motorized 
recreational vessels that would be affected by the fire extinguishing 
equipment requirements in 46 CFR subpart 25.30.
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    \3\ Recreational Boating Statistics 2013. Accessed at https://www.uscgboating.org/assets/1/AssetManager/2013RecBoatingStats.pdf.
    \4\ Recreational Boating Statistics 2016, Table 37. Accessed at 
https://www.uscgboating.org/library/accident-statistics/Recreational-Boating-Statistics-2016.pdf.
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Cost Analysis
    This NPRM proposes 18 changes to the fire extinguishing equipment 
regulations in 33 CFR part 175, subpart E, and 46 CFR subpart 25.30. 
These changes are summarized as follows:
     Remove recreational vessel fire extinguishing equipment 
regulations from 46 CFR subpart 25.30 (Fire Extinguishing Equipment).
     Move the recreational vessel fire extinguishing equipment 
regulations from 46 CFR subpart 25.30 to new 33 CFR part 175, subpart 
E. This would include new Sec.  175.301 to 33 CFR part 175, subpart E, 
to specify the applicability of subpart E to recreational vessels. It 
would also include new Sec. Sec.  175.305, 175.310, 175.315, 175.320, 
175.380, and 175.390 to reflect requirements previously applied by 46 
CFR subpart 25.30, but excluding those that require recreational vessel 
owners and operators to follow the monthly visual inspection, annual 
maintenance, and recordkeeping requirements of NFPA 10.
    Update recreational vessel fire extinguishing equipment regulations 
to clarify regulatory language and update outdated information. 
Overall, there are no costs to the regulated public associated with 
these 18 changes to the regulatory text. The changes and economic 
impacts of these changes are described in Table 2.

                Table 2--Assessment of Cost Impacts of the Proposed Rule to the Regulated Public
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                                     Proposed 33 CFR
 Existing 46 CFR part 25 sections   part 175 sections     Description of proposed change         Cost impact
----------------------------------------------------------------------------------------------------------------
                                                   Definitions
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-1(b) & (c)..........  Sec.   175.3.......  Add the definition of Model Year    No cost.
                                                         to the section.
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                                                  Applicability
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Sec.   25.30-1...................  Sec.   175.301.....  Adopt existing text from 46 CFR     No cost.
                                                         25.30-1, with new text to clarify
                                                         the applicability of this subpart
                                                         to recreational vessels with
                                                         propulsion machinery only.
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                                               General Provisions
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-5(a)................  Sec.   175.305.....  Adopt existing text from 46 CFR     No cost.
                                                         25.30-5(a), with text edits to
                                                         clarify approved equipment must
                                                         be approved by the Commandant (CG-
                                                         ENG-4).
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                    Portable Fire Extinguishers and Semi-Portable Fire Extinguishing Systems
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-5(b)................  Sec.   175.310(a)..  Adopt existing text from 46 CFR     No cost.
                                                         25.30-5(b).
Sec.   25.30-10(a)...............  Sec.   175.310(b)..  Adopt existing text from 46 CFR     No cost.
                                                         25.30-10(a), with edits removing
                                                         the requirement that the
                                                         extinguishers be maintained,
                                                         inspected, and recorded in
                                                         accordance with NFPA 10. Add new
                                                         text, extracted from relevant
                                                         sections of NFPA 10, requiring
                                                         that fire extinguishers must
                                                         accessible, have a good operating
                                                         pressure, not be expired, or
                                                         previously used, and be
                                                         maintained in accordance with the
                                                         manufacturer's instructions.
Sec.   25.30-10(f)...............  Sec.   175.310(c)..  Adopt text from 46 CFR 25.30-       No cost.
                                                         10(f), with text edits for
                                                         clarification.

[[Page 20832]]

 
Sec.   25.30-10(g)...............  Sec.   175.310(d)..  Adopt text from 46 CFR 25.30-10(g)  No cost.
Sec.   25.30-10(h)...............  Sec.   175.310(e)..  Adopt text from 46 CFR 25.30-       No cost.
                                                         10(h)(1)-25.30-10(h)(4), with
                                                         edits changing the motorboat
                                                         references to recreational vessel
                                                         references.
Sec.   25.30-10 (h)(4)(i)........  Sec.   175.310(f)..  Adopt text from 46 CFR 25.30-       No cost.
                                                         10(h)(4)(i), with edits changing
                                                         the motorboat references to
                                                         recreational vessel references.
Sec.   25.30-10(j)...............  Sec.   175.310(g)..  Adopt text from 46 CFR 25.30-10(j)  No cost.
----------------------------------------------------------------------------------------------------------------
                                        Fixed Fire Extinguishing Systems
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-15(a)...............  Sec.   175.315(a)..  Adopt existing text from 46 CFR     No cost.
                                                         25.30-315(a) with text edits to
                                                         clarify approved equipment must
                                                         be approved by the Commandant (CG-
                                                         ENG-4).
Sec.   25.30-15(b)...............  Sec.   175.315(b)..  Adopt existing text from 46 CFR     No cost.
                                                         25.30-315(b).
Sec.   25.30-15(c)...............  Sec.   175.315(c)..  Adopt existing text from 46 CFR     No cost.
                                                         25.30-315(c) with edits to update
                                                         references from NFPA 13 to the 46
                                                         CFR source.
----------------------------------------------------------------------------------------------------------------
                                      Fire Extinguishing Equipment Required
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-20(a)...............  Sec.   175.320(a)..  Adopt text from 46 CFR 25.30-       No cost.
                                                         20(a)(1) and 25.30-20(a)(2), with
                                                         edits changing the motorboat
                                                         references to recreational
                                                         vessels not more than 65 feet.
Table 25.30-20(A)(1).............  Table 1 to Sec.      Adopt Table 25.30-20(A)(1) from 46  No cost.
                                    175.320(a).          CFR 25.30-20(a), with edits
                                                         changing the table numbering for
                                                         clarity.
Figure 25.30-20(A1)..............  Figure 1 to Sec.     Adopt Figure 25.30-20(A1) from 46   No cost.
                                    175.320(a)(2).       CFR 25.30-20(a), with edits
                                                         changing the figure numbering for
                                                         clarity.
Figure 25.30-20(A2)..............  Figure 2 to Sec.     Adopt Figure 25.30-20(A2) from 46   No cost.
                                    175.320(a)(2).       CFR 25.30-20(a), with edits
                                                         changing the figure numbering for
                                                         clarity.
Sec.   25.30-20(c)...............  Sec.   175.320(b)..  Adopt text from 46 CFR 25.30-       No cost.
                                                         20(c)(1) 2012; 25.30-20(c)(4),
                                                         with edits changing the motor
                                                         vessels references to
                                                         recreational vessels over 65
                                                         feet, and text edits for clarity.
Table 25.30-20(B)(1).............  Table 1 to Sec.      Adopt Table 25.30-20(B)(1) from 46  No cost.
                                    175.320(b).          CFR 25.30-20(b), with edits
                                                         changing the table numbering for
                                                         clarity.
Sec.   25.30-20(b)(2)(1).........  Sec.   175.320(b)..  Adopt text from 46 CFR 25.30-       No cost.
                                                         20(a), with edits changing the
                                                         motor vessels references to
                                                         recreational vessels over 65 feet.
Sec.   25.30-20(a)(3) & Sec.       Sec.   175.320(c)..  Combine the text from 46 CFR 25.30- No cost.
 25.30-20(c)(5).                                         20(a)(3) & 25.30-20(c)(5) into a
                                                         new section that clarifies Table
                                                         1 to 46 CFR 175.320(a) and Table
                                                         1 to 46 CFR 175.320(b) contain
                                                         the minimum number of
                                                         extinguishers needed on a vessel.
----------------------------------------------------------------------------------------------------------------
       Location and Number of Fire Extinguishers Required for Vessels Constructed prior to August 22, 2016
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-80..................  Sec.   175.380.....  Adopt text from 46 CFR subpart      No cost.
                                                         25.30-80 with updated references
                                                         to Table 1 to 46 CFR 175.320(a)
                                                         and Table 1 to 46 CFR 175.320(b).
----------------------------------------------------------------------------------------------------------------
                                  Vessels Contracted prior to November 19, 1952
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-90..................  Sec.   175.390.....  Adopt text from 46 CFR 25.30-90     No cost.
                                                         with updated references to the
                                                         new 46 CFR 175 and text edits for
                                                         clarity.
----------------------------------------------------------------------------------------------------------------
                                       Proposed Edits to 46 CFR Part 25.30
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-1...................  ...................  Edit and reorganize paragraph for   No cost.
                                                         clarity..
Sec.   25.30-1...................  ...................  Remove applicability to non-        No cost.
                                                         commercial vessels.
----------------------------------------------------------------------------------------------------------------

Costs
    The Coast Guard considered all potential costs of this proposed 
rule. We considered the possibility that States and territorial 
jurisdictions may choose to update their statutes and regulations if 
they had previously changed their regulations to satisfy NFPA 10. 
However, based on available data and a thorough search of State and 
territorial jurisdictions' legislative documents, the Coast Guard finds 
no evidence of the States and territorial jurisdictions changing their 
regulations to satisfy NFPA 10. Therefore, they will not incur any 
costs as no State or territory will need to change back their 
regulations.\5\
---------------------------------------------------------------------------

    \5\ Per Coast Guard subject matter expert review and 
communication with State & territorial jurisdictions.
---------------------------------------------------------------------------

Cost Savings
    The primary savings of this proposed rule stem from the correction 
of the unintended regulatory requirements placed on the recreational 
vessel community by the ``Fire Protection'' rule with regards to 
recordkeeping and monthly visual inspection requirements associated 
with the type of fire extinguisher on board a recreational vessel.
    NFPA 10 has specific inspection requirements for both rechargeable 
and non-rechargeable portable fire extinguishers. Owners of vessels 
with

[[Page 20833]]

non-rechargeable (disposable) extinguishers, commonly used in the 
recreational vessel community, are subject to a monthly visual 
inspection ensuring the fire extinguisher is available and still 
operational and maintain records of their compliance by placing an 
initial in a log book as confirmation of a visual inspection. For 
rechargeable fire extinguishers, NFPA 10 requires an annual inspection 
by a qualified technician permitted by State and local authorities in 
addition to monthly visual inspections. Rechargeable extinguishers are 
not common in the 5-B size that is required for recreational boats, and 
must be actively sought and bought from a more industrial distributor. 
Rechargeable units of this size tend to be special purpose 
extinguishers such as carbon dioxide or clean agent extinguishers 
commonly used in areas such as server rooms, not on recreational boats, 
and come at a significantly higher price. Non-rechargeable or 
disposable units are intended for use by the public and are the primary 
type of fire extinguisher on recreational vessels. They are primarily 
marketed to the general public because of their low operating and 
maintenance costs, low upfront cost, reliability as well as the ease of 
care and can be purchased at retail stores. As a result, rechargeable 
fire extinguishers are generally purchased by commercial vessel owners 
and operators, while non-rechargeable units are purchased by 
recreational vessel owners. Therefore, we estimate the savings to 
recreational boaters will stem from no longer needing to perform a 
monthly visual inspection along with its associated minor recordkeeping 
requirement confirming the inspection. We estimate such monthly 
inspections would take 1 minute per month to complete for an annual 
total of 12 minutes per fire extinguisher.\6\ Data on how many 
recreational vessel owners have complied with current NFPA 10 
requirements since 2016 is non-existent as is data on the various labor 
categories of the recreational vessel owners. Therefore, while the 
proposed rule may reduce the regulatory burden to some recreational 
vessel owners, we do not have enough information on the potential scale 
of this reduction and consequently, do not attempt to monetize these 
potential cost savings. However, as mentioned above, we estimate a time 
savings component of approximately 12 minutes per year per fire 
extinguisher (1 minutes/month).\7\
---------------------------------------------------------------------------

    \6\ The value of a person's recreational time is dependent on a 
number of factors such as income, age, and employment status. We did 
not have this information for owners of the recreational vessels 
subject to this proposed rulemaking and therefore were unable to 
monetize the cost savings associated with the 12 minute burden 
reduction. This is a 12 minute- reduction per fire extinguisher, and 
we estimate that 5.3 percent of the affected population of 
recreational vessels carry more than one fire extinguisher.
    \7\ Estimate based on Coast Guard subject matter experts.
---------------------------------------------------------------------------

Benefits
    By shifting the recreational vessel fire extinguishing equipment 
requirements from 46 CFR subpart 25.30 to 33 CFR part 175, subpart E, 
this rule would create a clear distinction between fire extinguishing 
equipment regulations intended for commercial vessels and those 
intended for recreational vessels.
Alternatives
Alternative 1: Preferred Alternative
    The preferred alternative would be to: (1) Move the fire 
extinguishing equipment requirements for recreational vessels from 46 
CFR subpart 25.30 to 33 CFR part 175, new subpart E; (2) separate 
recreational vessel fire protection regulations from commercial vessel 
regulations; (3) remove all NFPA 10 inspection, maintenance and 
recordkeeping requirements from recreational vessels; and (4) 
consolidate recreational vessel fire extinguishing equipment 
requirements into one subchapter. The preferred alternative follows the 
NBSAC recommendation.
Alternative 2: No-Action Alternative
    Under this alternative, recreational vessel fire protection rules 
would remain in 46 CFR subpart 25.30, and NFPA 10 would continue to 
apply to recreational vessels. The Coast Guard did not select this 
alternative because it maintains an unintended burden on recreational 
vessel owners and does not follow the NBSAC's recommendation.
Alternative 3: Policy Over Regulation
    This alternative would create a new Coast Guard policy based on the 
NBSAC's recommendation that would outline fire extinguishing equipment 
standards. The Coast Guard did not select this option because States 
adopt Coast Guard regulations, not Coast Guard policy recommendations. 
Furthermore, it is not considered a good regulatory practice to 
determine shipping regulations via policy instruments. Finally, this 
alternative would not follow the NBSAC's recommendation.
Alternative 4: Add Exemption From NFPA 10 Requirements
    Alternative 4 would add language to 46 CFR subpart 25.30 explicitly 
stating that NFPA 10 does not apply to recreational vessels. The Coast 
Guard did not select this option because this alternative would not 
follow the NBSAC's recommendation.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, the Coast 
Guard has 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.
    The proposed rule corrects the unintended regulatory requirements 
placed on 11,005,841 recreational vessels and would move fire 
extinguishing equipment requirements for recreational vessels from 
subpart 25.30 of part 25 in Title 46 of the CFR to a new subpart E 
(Fire Protection Equipment) of part 175 in Title 33 of the CFR. The 
Coast Guard's economic analysis concluded that these proposed changes 
would not impose costs on any of the recreational vessels that comprise 
the affected population described in this NPRM, and thus not have a 
cost impact on small entities that own and operate the recreational 
vessels. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposed rule would not have a significant economic impact on 
a substantial number of small entities. If you think that your 
business, organization, or governmental jurisdiction qualifies as a 
small entity and that this proposed rule would have a significant 
economic impact on it, please submit a comment to the docket at the 
address listed in the ADDRESSES section of this NPRM. 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, the Coast Guard wants to 
assist small entities in understanding this proposed rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking. If the proposed rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please contact the 
person in the FOR FURTHER INFORMATION CONTACT section of this NPRM. The 
Coast Guard will not retaliate against

[[Page 20834]]

small entities that question or complain about this proposed rule or 
any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. While 
the proposed rule would remove recordkeeping requirements of NFPA 10, 
the Coast Guard did not account for this burden in the Collection of 
Information analysis performed for the ``Fire Protection'' final rule 
(81 FR 48220), which modified the Collection of Information, 
Certificates of Compliance, Boiler/Pressure Vessel Repairs, Cargo Gear 
Records, Shipping Papers, and NFPA 10 Certificates, OMB Control Number 
1625-0037, because the Coast Guard never intended to apply these 
requirements to recreational vessels. Therefore, this action will not 
modify the existing collection of information.

E. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under Executive Order 
13132 and have determined that it is consistent with the fundamental 
federalism principles and preemption requirements described in 
Executive Order 13132. Our analysis follows.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. The Coast Guard regulates 
recreational vessel safety, including firefighting equipment, under the 
authority contained in 46 U.S.C. 4302. Chapter 43 of 46 U.S.C. contains 
an express preemption provision for recreational vessel safety 
standards. Under 46 U.S.C. 4306, a State or political subdivision of a 
State may not establish, continue in effect, or enforce a law or 
regulation establishing a recreational vessel or associated equipment 
performance or other safety standard, or impose a requirement for 
associated equipment unless: (1) The standard is identical to a Coast 
Guard regulation prescribed under 46 U.S.C. 4302; (2) the Coast Guard 
specifically provides an exemption under 46 U.S.C. 4305; or (3) the 
State standard regulates marine safety articles carried or used to 
address a hazardous condition or circumstance unique to that State (as 
long as the Coast Guard does not disapprove). This proposed rule would 
establish minimum requirements, under 46 U.S.C. 4302, for fire 
extinguishing equipment for recreational vessels, and therefore, the 
States may not issue regulations that differ from Coast Guard 
regulations within the categories of safety standards or equipment for 
recreational vessels, except in the limited circumstances identified 
above. Therefore, this proposed rule is consistent with the fundamental 
federalism principles and preemption requirements described in 
Executive Order 13132.
    Additionally, for rules with federalism implications and preemptive 
effect, Executive Order 13132 specifically directs agencies to consult 
with State and local governments during the rulemaking process. If you 
believe this rule would have implications for federalism under 
Executive Order 13132, please contact the person listed in the FOR 
FURTHER INFORMATION section of this NPRM.

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. Although this proposed rule would 
not result in such an expenditure, we discuss the effects of this 
proposed rule elsewhere in this NPRM.

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

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13211 (Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use). We have determined that it is not 
a ``significant energy action'' under that order because it is not a 
``significant regulatory action'' under Executive Order 12866 and is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., 
specifications of materials, performance, design, or operation; test 
methods; sampling procedures; and related management systems practices) 
that are developed or adopted by voluntary consensus standards bodies.
    This proposed rule does not use technical standards. Therefore, the 
Coast Guard did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed rule under Department of Homeland

[[Page 20835]]

Security Management Directive 023-01, Revision 01 and Commandant 
Instruction M16475.lD, which guide the Coast Guard in complying with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), 
and have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary Record of 
Environmental Consideration supporting this determination is available 
where indicated under the ``Public Participation and Request for 
Comments'' section of this NPRM.
    This proposed rule meets the criteria for categorical exclusion 
(CATEX) under paragraphs L52, L54, and L57 of Table 1 in Appendix A of 
DHS Directive 023-01 (series). The CATEX L52 pertains to regulations 
concerning vessel operation safety standards; CATEX L54 pertains to 
regulations that are editorial or procedural, such as those updating 
addresses or establishing application procedures; and CATEX 57 pertains 
to regulations concerning manning, documentation, admeasurements, 
inspection, and equipping of vessels.
    This proposed rule is intended to update Coast Guard regulations 
pertaining to fire extinguishing requirements and the associated 
standards used by recreational vessels. The Coast Guard seeks 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 175

    Fire prevention, Marine safety.

46 CFR Part 25

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 175 and 46 CFR part 25 as follows:

Title 33--Navigation and Navigable Waters

PART 175--EQUIPMENT REQUIREMENTS

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

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

0
2. In Sec.  175.3, add in alphabetic order the definition of ``Model 
year'' to read as follows:


Sec.  175.3  Definitions.

* * * * *
    Model year means the period beginning August 1 of any year and 
ending on July 31 of the following year. Each model year is designated 
by the year in which it ends.
* * * * *
0
3. Add new subpart E to read as follows:

Subpart E--Fire Protection Equipment

Sec.
175.301 Applicability.
175.305 General provisions.
175.310 Portable fire extinguishers and semi-portable fire 
extinguishing systems.
175.315 Fixed fire extinguishing systems.
175.320 Fire extinguishing equipment required.
175.380 Condition and number of fire extinguishers required for 
recreational vessels built before model year 2017.
175.390 Condition and number of fire extinguishers required for 
recreational vessels built before model year 1953.


Sec.  175.301   Applicability.

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


Sec.  175.305  General provisions.

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


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

    (a) All portable and semi-portable fire extinguishers must be of an 
approved type.
    (b) Portable and semi-portable fire extinguishers must be 
maintained in good and serviceable working condition and must--
    (1) Be carried aboard the vessel;
    (2) Have a pressure gauge reading or indicator in the operable 
range or position, if there is one;
    (3) Not be expired or appear to have been previously used; and
    (4) Be maintained in accordance with the manufacturer's 
instructions.
    (c) Vaporizing-liquid type fire extinguishers containing carbon 
tetrachloride, chlorobromomethane, or other toxic vaporizing liquids 
are not acceptable as equipment required by this subpart.
    (d) Portable or semi-portable extinguishers, which are required by 
their name plates to be protected from freezing, must not be located 
where freezing temperatures may be expected.
    (e) The use of dry chemical stored pressure fire extinguishers not 
fitted with pressure gauges or indicating devices, manufactured prior 
to January 1, 1965, is permitted on board recreational vessels if such 
extinguishers are maintained in good and serviceable condition. The 
following maintenance and inspections are required for such 
extinguishers:
    (1) When the date on the inspection record tag on the extinguishers 
shows that 6 months have elapsed since the last weight check ashore, 
then such extinguishers are no longer accepted as meeting required 
maintenance conditions until they are reweighed ashore, found to be in 
a serviceable condition, and within required weight conditions.
    (2) If the weight of the container is \14\ 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.
    (f) Dry chemical extinguishers, stored pressure extinguishers, and 
fire extinguishers without pressure gauges or indicating devices, 
manufactured after January 1, 1965, cannot be labeled with the marine 
type label described in 46 CFR 162.028-4. These extinguishers, may be 
carried onboard recreational vessels as excess equipment, subject to 
paragraphs (a) and (b).
    (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 may be covered.


Sec.  175.315  Fixed fire extinguishing systems.

    (a) A fixed fire extinguishing system must be of a type approved or 
accepted under 46 CFR part 162 when it is installed.

[[Page 20836]]

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


Sec.  175.320  Fire extinguishing equipment required.

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

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

    (2) Figure 1 to Sec.  175.320(a)(2) illustrates the conditions 
under which fire extinguishers are required to be carried on board. 
Figure 2 to Sec.  175.320(a)(2) illustrates conditions that do not, in 
themselves, require that fire extinguishers be carried.
BILLING CODE 9110-04-C

[[Page 20837]]

[GRAPHIC] [TIFF OMITTED] TP13MY19.018

BILLING CODE 9110-04-P
    (b) Recreational vessels more than 65 feet in length.
    (1) Recreational vessels more than 65 feet in length must carry at 
least the minimum number of portable fire extinguishers specified for 
their tonnage as set forth in Table 1 to Sec.  175.320(b).

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

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


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

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


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

    Recreational vessels built before model year 1953 must meet the 
applicable number and general type of equipment provisions of 
Sec. Sec.  175.305 through 175.320. Existing items of

[[Page 20838]]

equipment and installations previously approved but not meeting the 
applicable requirements for type approval may be continued in service 
provided they are in good condition. All new installations and 
replacements must meet the requirements of Sec. Sec.  175.305 through 
175.320.

Title 46--Shipping

PART 25--REQUIREMENTS

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

    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302; 
Department of Homeland Security Delegation No. 0170.1(II)(77), 
(92)(a), 92(b).
0
5. Revise Sec.  25.30-1 to read as follows:


Sec.  25.30-1  Applicability.

    (a) This subpart applies to all vessels, except for recreational 
vessels as defined in 33 CFR 175.3.
    (b) All vessels, except recreational vessels, contracted for before 
August 22, 2016, and after November 19, 1952, must meet the 
requirements of 46 CFR 25.30-80.
    (c) All vessels, except recreational vessels, contracted for before 
November 19, 1952, must meet the requirements of 46 CFR 25.30-90.

    Dated: May 6, 2019.
John P. Nadeau,
Assistant Commandant for Prevention Policy, U.S. Coast Guard.
[FR Doc. 2019-09699 Filed 5-10-19; 8:45 am]
 BILLING CODE 9110-04-P