[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76676-76707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20380]
[[Page 76675]]
Vol. 89
Wednesday,
No. 181
September 18, 2024
Part III
Department of Homeland Security
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Coast Guard
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33 CFR Part 149
46 CFR Parts 2, 31, 32, et al.
Marine Equipment on Board Vessels and Offshore Units or Facilities;
Final Rule
Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 /
Rules and Regulations
[[Page 76676]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 149
46 CFR Parts 2, 31, 32, 34, 35, 39, 56, 76, 77, 95, 96, 105, 107,
108, 109, 115, 116, 118, 132, 147, 159, 160, 161, 162, 163, 164,
167, 169, 181, 195, and 199
[Docket No. USCG-2020-0519]
RIN 1625-AC76
Marine Equipment on Board Vessels and Offshore Units or
Facilities
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising regulations associated with the
approval, carriage, and maintenance of certain safety equipment
required on board vessels and offshore units or facilities. We are
taking this action to align these regulations with current industry
practice and provide more transparent regulations for the regulated
industry. These revisions eliminate outdated requirements, reduce
inspection and testing requirements, and update standards incorporated
by reference. Additionally, these revisions remove obsolete sections
and align conflicting sections with the International Convention for
the Safety of Life at Sea.
DATES: This final rule is effective October 18, 2024.
The incorporation by reference of certain publications listed in
the rule is approved by the Director of the Federal Register beginning
October 18, 2024. The incorporation by reference of certain other
publications listed in the rule was approved by the Director of the
Federal Register as of August 22, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0519 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Lieutenant Jeff Bors, Lifesaving and Fire Safety Division
(CG-ENG-4), U.S. Coast Guard; telephone 571-610-2849, email
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis, Purpose, and Regulatory History
III. Background
IV. Discussion of Comments
V. Discussion of the Final Rule and Changes From NPRM
VI. Incorporation by Reference
VII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
ASTM ASTM International
CFR Code of Federal Regulations
CG-ENG Coast Guard Office of Design and Engineering Standards
COMDTINST Commandant Instruction
COSPAS Space System for the Search of Vessels in Distress
DHS Department of Homeland Security
EPIRB Emergency Position Indicating Radio Beacon
FCC Federal Communications Commission
FR Federal Register
FTP Code Fire Test Procedures Code
IBR Incorporation by reference
IMO International Maritime Organization
ISO International Organization for Standardization
LSA Life-Saving Appliances
MISLE Marine Information for Safety and Law Enforcement
MODU Mobile offshore drilling unit
MSC Maritime Safety Committee
MSHA Mine Safety and Health Administration
NIOSH National Institute for Occupational Safety and Health
NFPA National Fire Protection Association
NRTL Nationally Recognized Testing Laboratory
NPRM Notice of proposed rulemaking
NVIC Navigation and Vessel Inspection Circular
OCMI Officer in Charge, Marine Inspection
OCS Outer Continental Shelf
OMB Office of Management and Budget
PHS Public Health Service
RTCM Radio Technical Commission for Maritime Services
SARSAT Search and Rescue Satellite-Aided Tracking
SCBA Self-contained breathing apparatus
Sec. Section
SME Subject matter expert
SOLAS International Convention for the Safety of Life at Sea
UL Underwriters Laboratories, Inc.
U.S.C. United States Code
II. Basis, Purpose, and Regulatory History
The statutory authority for these regulations can be found in Title
46 of the United States Code (U.S.C.), Sections 3306 and 3703. The
authority to issue regulations, pursuant to these sections, is
delegated to the Commandant of the Coast Guard under Department of
Homeland Security (DHS) Delegation No. 00170.1, Revision No. 01.4,
paragraph (II)(92).
Under 46 U.S.C. 3306, the Secretary of DHS is required to prescribe
necessary regulations to ensure safety of individuals and property on
board vessels subject to inspection. This final rule ensures the proper
design, construction, alteration, repair, and operation of vessels
subject to inspection.
Under 46 U.S.C. 3703, the Secretary of DHS is required to prescribe
regulations for the design, construction, alteration, repair,
maintenance, operation, equipping, personnel qualification, and manning
of tank and cargo vessels that may be necessary for increased
protection against hazards to life and property, navigation and vessel
safety, and enhanced protection of the marine environment.
The Coast Guard issued a notice of proposed rulemaking (NPRM) on
May 23, 2023, and solicited public comment on the proposed rule during
a comment period of 62 days.\1\ The comment period closed on July 24,
2023. The Coast Guard received six comment submissions, which are
discussed later in this document.
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\1\ 88 FR 33026.
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This final rule amends title 33 of the Code of Federal Regulations
(CFR), chapter I, subchapters NN, and 46 CFR, chapter I, subchapters A,
D, F, H, I, I-A, K, L, N, Q, R, T, U, and W. These subchapters are
associated with approving, carrying, and maintaining certain safety
equipment required on board vessels and offshore units or facilities.
The revisions in this final rule eliminate outdated requirements,
reduce inspection and testing requirements, modify submission
requirements for equipment approval to allow materials to be submitted
electronically, and update standards incorporated by reference.
Additionally, this final rule removes numerous obsolete CFR sections
and updates other CFR sections to bring them into compliance with the
International Convention for the Safety of Life at Sea (SOLAS) and
related regulations.
III. Background
The Coast Guard conducted a comprehensive review of regulations
regarding the approval, carriage, and maintenance of marine equipment
on U.S.-flagged vessels. The Coast Guard continues to review
regulations with the following goals: updating references to
[[Page 76677]]
incorporated standards that have been modified; clarifying language;
providing additional regulatory flexibility where possible; minimizing
the regulatory burden on affected vessels; and removing obsolete rules
to ensure marine equipment requirements are current with emerging
technology and industry standards.
IV. Discussion of Comments
In response to the NPRM published on May 23, 2023, we received six
written submissions during the comment period. These written
submissions are available in the public docket for this rulemaking,
where indicated under ADDRESSES, or at the direct link: https://www.regulations.gov/docket/USCG-2020-0519/comments. The Coast Guard
appreciates the comments from the public, as these insights continue to
inform Coast Guard actions and programs. We summarize the comments and
our responses in the paragraphs that follow.
One commenter noted that the proposed changes to 46 CFR 116.400(c)
would create an unintentional application of subchapter H's egress
requirements found in Sec. 72.05-20 for all subchapter K vessels that
use SOLAS Structural Fire Protection requirements as equivalent. The
intent of the amendments to Sec. 116.400 was to clarify the egress
requirements and not to impose additional egress requirements. All
subchapter K vessels that use SOLAS Structural Fire Protection
requirements as equivalent must comply with the egress requirements for
stairtowers, stairways, ladders, and elevators in Sec. 116.438. In
accordance with Sec. 116.438(a), those subchapter K vessels that carry
more than 600 passengers or with overnight accommodations for more than
49 passengers must meet the egress requirements in subchapter H for
stairtowers, stairways, ladders, and elevators in Sec. 72.05-20. In
response to this comment, in Sec. 116.400(c) we removed the direct
reference to Sec. 72.05-20 from the proposed rule and added a
reference to Sec. 116.438 in this final rule so as not to apply Sec.
72.05-20 to all subchapter K vessels.
A commenter noted the rulemaking's intent to ``align the
regulations with the current industry practice and provide more
transparent regulations for the regulated industry'' and suggested
revising and updating the regulations for 46 CFR subchapter W. The
commenter offered a number of suggestions to revise regulations for
Emergency Position Indicating Radio Beacons (EPIRBs), distress signals,
lifebuoys, survival craft, line throwing appliances, and provide
clarity to the definitions of accommodation and workstation. The
updates to subchapter W in this rule were specifically drafted to align
davit maintenance intervals with SOLAS requirements, and not to update
regulations in subchapter W in general. Therefore, this commenter's
suggestions are outside the scope of this rulemaking. We cannot make
those updates in this final rule; however, the Coast Guard acknowledges
that the application of subchapter W to barges that are not self-
propelled is ambiguous and is working to address it. Additionally, as
of July 2023, there is a newly published Change 2 to Navigation and
Vessel Inspection Circular (NVIC) 02-81 \2\ that has exemptions for
life-saving requirements on integrated and articulated tug and barge
combinations.
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\2\ U.S. Coast Guard NVIC 02-81 Ch-2, https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/1981/NVIC%2002-81%20Ch.2_CG%20%Inspec%20Guidance20Integrated%20and%20Articulated%20Tug%20&%20Barges.pdf, accessed January 23, 2024.
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We received a comment regarding Coast Guard requirements for
nonmetallic (plastic) piping used in various engineering systems for
different types of vessels. The comment suggested that, because all
nonmetallic piping used in the building industry essentially meets the
same ASTM International (ASTM) D1784 standard requirements, piping that
also meets this standard should be acceptable for use in vessel systems
without more requirements from the Coast Guard. The intent of this rule
on this particular subject is to remove redundant fire testing
requirements for nonmetallic piping, specifically for vessels under 46
CFR subchapter K. A proposal to newly incorporate an industry standard
on this subject is beyond the scope of this rulemaking, as piping
requirements vary between the regulations applicable to specific vessel
types. We note that manufacturers and vessel designers may submit
specific material test results for general approval by the Coast Guard,
or acceptance to an equivalent level of safety to the CFR for a
particular vessel or project. As a result, the Coast Guard made no
changes from the proposed rule in response to this comment.
We received a comment that concurred with the proposed edits to 46
CFR 56.60-25(a)(4), but also recommended that Sec. 56.60-25(a)(7) be
modified to include other laboratory accreditation bodies for potable
water piping. Specifically, the comment recommended inclusion of
accreditation entities signatory to the International Laboratory
Accreditation Cooperation Mutual Recognition Arrangement. The Coast
Guard's proposed change to remove repetitive wording was editorial in
nature. As the commenter's recommended modification of acceptable
accreditation entities is a substantial change that was not considered
in the NPRM, we cannot make that change in this final rule; however,
the recommendation may be considered for a future rulemaking.
We also received a comment regarding the carpet requirements for
vessels under subchapter K in 46 CFR 116.423. The comment stated that
the rugs and carpets requirements in Sec. 116.423(a)(4) are applicable
to all spaces, not just rooms containing fire resistant furnishings
under Sec. 116.423(a) and suggests that the carpet requirements should
be its own paragraph, not a subparagraph of Sec. 116.423(a). The Coast
Guard acknowledges this comment. It is outside the scope of this
rulemaking because this section was not part of the changes proposed in
the NPRM. However, we will consider this revision for inclusion in a
future rulemaking. For these reasons, we have made no changes from the
proposed rule in response to this comment.
We received one comment on the regulatory analysis (RA) related to
the affected population for the lifeboats listed in table 2 of the
NPRM. The commenter expressed concern that the table did not provide
enough clarity to determine if floating Outer Continental Shelf (OCS)
facilities were included. We did not include floating OCS facilities in
our population of vessels carrying lifeboats because the proposed
change is not applicable to floating OCS facilities. We made the
recommended changes to reflect the affected population of vessels
carrying lifeboats by subchapter, and we listed the affected population
by inspection subchapter, for vessels carrying lifeboats, in table 7 of
the RA in this final rule.
V. Discussion of the Final Rule and Changes From NPRM
In order to decrease likelihood of introducing errors, to improve
efficiency during the publication process, and to meet drafting and
formatting requirements for publication, we are revising or revising
and republishing several sections and tables, as appropriate. This
final rule makes no substantive changes from the NPRM; it makes
effective the following changes to various subchapters in titles 33 and
46 of the CFR:
(1) Modifies equipment approval submission requirements to allow
for materials to be submitted electronically to [email protected],
instead of the
[[Page 76678]]
existing requirement of paper submissions in triplicate;
(2) Removes obsolete regulations for pilot hoists that are no
longer allowed on U.S.-flagged vessels;
(3) Allows vessel owners and operators to use a third party to test
the properties and quality of their firefighting foam;
(4) Revises the requirements for pressure vacuum relief valves to
align with international consensus standards;
(5) Updates requirements for lifeboat and rescue boat releasing
mechanisms on board mobile offshore drilling units (MODUs) to allow for
lifeboats that serve as rescue boats to carry lifeboat releasing
mechanisms. We note that this does not apply to OCS facilities as
incorrectly stated in the NPRM;
(6) Removes prescriptive design requirements for lifeboat, rescue
boat, and liferaft winch limit switches and aligns requirements with
the Life-Saving Appliances (LSA) Code;
(7) Removes a redundant flame-spread testing requirement for
nonmetallic piping used in certain vessels;
(8) Revises the ``end-for-ending'' requirement for launching
appliance falls (wire ropes) to align with SOLAS, which allows for a
fall replacement interval of 5 years without end-for-ending;
(9) Changes the interval for hydrostatic testing of all inert gas
firefighting extinguishing system bottles to align with the hydrostatic
testing intervals for carbon dioxide and Halon firefighting
extinguishing systems. The interval will change from at least once
every 5 or 10 years (depending on bottle size) to once every 12 years;
(10) Removes the Mine Safety and Health Administration's (MSHA)
approval requirement for self-contained breathing apparatuses (SCBAs)
because MSHA no longer certifies this type of equipment for marine use;
(11) Revises the standards of fire-resistant fiber-reinforced
plastic resin used to manufacture survival craft and rescue boats to
allow the use of additional international standards;
(12) Removes the requirement for Coast Guard approval of EPIRBs and
codifies the current policy in which the Coast Guard reviews test data,
instruction manuals, drawings, and specifications of the EPIRB and
issues a letter to the manufacturer stating whether the EPIRB satisfies
all Radio Technical Commission for Maritime Services (RTCM) Recommended
Standards. This aligns with the requirements as set out in 47 CFR
80.1061;
(13) Adds an option for the use of fire detection systems as excess
equipment for MODUs and a grandfathering clause for fire extinguishers
on board nautical school vessels;
(14) Makes editorial changes to clarify language, correct
typographical errors, and delete repetitive words;
(15) Updates incorporations by reference (IBRs), removes outdated
IBRs, and revises CFR citations to the correct IBRs;
(16) Corrects errors in fire extinguisher quantities and ratings
from a previous rulemaking; and
(17) Clarifies structural fire protection requirements for means of
egress on 46 CFR subchapter K vessels.
Table 1 provides a list of the types of changes, summaries of the
changes, and the subparts affected by this final rule. Further
explanation for each of these categories can be found after the table.
Table 1--Summary of Changes and CFR Subparts and Sections Affected
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Affected CFR subparts and
Equipment involved or type of change Changes sections
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CFR References and Changes to IBRs........... 1. Deletes references to 46 CFR 115.810(b)(1), 46 CFR
outdated IBRs and corrects 118.500(d), 46 CFR 160.171-3,
improper IBRs in regulation 46 CFR 160.174-3, 46 CFR
text. 2. Corrects improper CFR 161.002-18(a)(3), 46 CFR
references. 161.002-19(a)(3), 46 CFR
161.002-19(b)(3), 46 CFR
162.017-0, 46 CFR 164.106-
3(a), 46 CFR 164.137-2(b)(2),
46 CFR 164.137-3(a), 46 CFR
164.138-2(a), 46 CFR 164.138-
2(b)(2), 46 CFR 164.138-3(a),
46 CFR 164.139-2(a), 46 CFR
164.139-2(b)(2), 46 CFR
164.139-3(a).
Editorial.................................... 1. Clarifies language. 2. 33 CFR 149.410, 46 CFR 56.60-
Corrects typographical errors. 25(a)(4), 46 CFR 108.495, 46
3. Deletes repetitive words and CFR subpart 162.017, 46 CFR
wording. 181.500(b).
Electronic Submissions....................... 1. Adds option to submit 46 CFR 2.75-10(b), 46 CFR
equipment approval materials 159.001-5, 46 CFR 160.115-
electronically. 2. Removes 9(b), 46 CFR 160.115-13(g)(2),
requirement for multiple copies 46 CFR 160.132-9(b), 46 CFR
of submissions for equipment 160.132-13(g)(2), 46 CFR
approval, if submitted 160.133-9(b), 46 CFR 160.133-
electronically. 13(g)(2), 46 CFR 160.135-9(b),
46 CFR 160.135-13(g)(2), 46
CFR 160.156-9(b), 46 CFR
160.156-13(g)(2), 46 CFR
160.170-9(b), 46 CFR 160.170-
13(g)(2), 46 CFR 161.002-
18(a), 46 CFR 161.002-
19(a)(2), 46 CFR 161.012-5(a),
46 CFR 161.012-5(b)(2), 46 CFR
161.013-11(c)(1), 46 CFR
161.013-17, 46 CFR 162.050-
15(a), 46 CFR 162.060-40(b),
46 CFR 164.009-9(a), 46 CFR
164.018-7(a), 46 CFR 164.018-
7(b)(2).
End-for-Ending Launching Appliance Falls..... 1. Removes requirement for ``end- 46 CFR 109.301(j), 46 CFR
for-ending'' for launching 199.190(j)
appliance falls, to align with
SOLAS. 2. Revises interval for
launching appliance falls
replacement to 5 years.
EPIRB........................................ Aligns Coast Guard acceptance of 46 CFR 161.011-1, 46 CFR
EPIRBs in 46 CFR with Federal 161.011-5, 46 CFR 161.011-10.
Communications Commission (FCC)
requirements in 47 CFR and
standards established by the
Space System for the Search of
Vessels in Distress (COSPAS),
Search and Rescue Satellite-
Aided Tracking (SARSAT), and
RTCM.
[[Page 76679]]
Equipment Deletion........................... Deletes pilot hoist approval 46 CFR 32.90-1(h), 46 CFR 77.40-
series, Sec. 163.002 and 1(h), 46 CFR 96.40-1(h), 46
associated references in CFR 108.719(h), 46 CFR subpart
various subchapters. 163.002, 46 CFR 195.40-1(h).
Fire Protection and Other Conforming 1. Corrects fire extinguisher 46 CFR 34.10-90(a)(3), 46 CFR
Amendments. ratings. 2. Clarifies fire 34.50-10(a), 46 CFR 76.50-
extinguisher quantities. 3. 10(a), 46 CFR 95.50-10(a), 46
Adds option to allow use of CFR 105.14(a), 46 CFR 108.103,
nationally recognized testing 46 CFR 108.489(a)(3), 46 CFR
laboratory (NRTL) listed and 118.500(c), 46 CFR 167.45-40,
labeled fire detection systems 46 CFR 167.45-65, 46 CFR
as excess equipment for MODUs. 167.45-70, 46 CFR 167.45-71,
4. Adds grandfathering 46 CFR 167.45-75, 46 CFR
provision for fire 169.567(a), 46 CFR 169.568.
extinguishers for public
nautical school ships and
sailing school ships.
Foam Testing................................. 1. Adds option for third-party 46 CFR 31.10-18(c), 46 CFR
testing for foam concentrates. 107.235(b)(4).
2. Aligns testing processes
with requirements in SOLAS and
Coast Guard Office of Design
and Engineering Standards (CG-
ENG) Policy Letter 01-20, Third
Party Foam Concentrate Analysis.
Hydrostatic Testing for Inert Gas Cylinders.. Revises hydrostatic testing 46 CFR 147.66(a), 46 CFR
requirements for inert gas 147.66(c).
bottles to every 12 years.
MODU Lifesaving Appliance Release Mechanism.. 1. Adds an option in 46 CFR 46 CFR 108.570(c)(3).
subchapter I-A to allow
lifeboats also serving as
rescue boats to have lifeboat
release mechanisms instead of
rescue boat release mechanisms.
2. Aligns this regulation with
a similar regulation in 46 CFR
subchapter W.
Nonmetallic Piping........................... Removes redundant fire testing 46 CFR 116.405(f).
requirements for nonmetallic
piping in 46 CFR subchapter K.
Pressure-Vacuum Relief Valves................ 1. Revises requirements for 46 CFR 39.1005, 46 CFR
approving pressure-vacuum 39.2011(b)(1), 46 CFR 162.017-
relief valves. 2. Updates IBR 1, 46 CFR 162.017-2, 46 CFR
edition. 162.017-3(n), 46 CFR 162.017-
3(r), 46 CFR 162.017-6.
Resins for Lifeboats and Rescue Boats........ Removes approval series for fire- 46 CFR 160.135-5(d), 46 CFR
retardant resins and 160.135-7(b)(3)(iv)(A), 46 CFR
incorporates approval of these 160.156-5(d), 46 CFR 160.156-
resins into approvals for 7(b)(3)(iv)(A), 46 CFR subpart
lifeboats and rescue boats. 164.120.
Self-Contained Breathing Apparatus........... Removes obsolete requirement for 46 CFR 35.30-20(c)(1), 46 CFR
MSHA approval for SCBAs. 77.35-5(b), 46 CFR 96.35-5(b),
46 CFR 108.497(a), 46 CFR
132.365(b)(1), 46 CFR 167.45-
60(a), 46 CFR 169.717(a)(1).
Stairwell Structural Fire Protection and Clarifies the stairwell 46 CFR 116.400(c).
Means of Egress. structural fire protection and
means of egress requirements
for 46 CFR subchapter K vessels.
Winches and Davits........................... 1. Removes prescriptive design 46 CFR 160.115-7(b)(6)(vi).
requirements for winch and
davit safety devices under the
LSA Code. 2. Aligns the safety
device requirement with the LSA
Code.
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CFR References and Changes to IBRs
This final rule deletes references to outdated IBR material in
regulation text, deletes corresponding IBR titles and information
listed in centralized IBR section(s), corrects improper IBR cites in
regulatory text, and corrects improper CFR references, as outlined in
table 1. See table 4 for additional information.
Editorial
Editorial changes in this final rule clarify language, correct
typographical errors, and delete repetitive language in various
subchapters in titles 33 and 46 of the CFR, as noted in table 1.
Electronic Submissions
Current regulations require manufacturers that produce marine
safety equipment needing approval to mail their paper application and
supporting documentation in triplicate. The requirement for submitting
paper plans in triplicate allows the office reviewing the plans to mark
the plans as ``approved'' and return one copy to the submitter, retain
one copy in the office's files, and forward the third copy to the
cognizant Officer in Charge, Marine Inspection (OCMI). However, in
current practice, manufacturers submit their applications
electronically via [email protected]. When plans are submitted
electronically, they can be stamped electronically and filed or
distributed, as described above, without the need for printing or
duplication. According to internal mail tracking data, in the last 5
years, 99.2 percent of all submissions related to applications for
equipment approval were submitted electronically.
This final rule modifies the submission requirements for equipment
approval to codify the use of electronic submissions. The CFR sections
listed in table 1 have been updated to include optional electronic
submissions and remove requirements to submit multiple copies of plans
or test reports. If a manufacturer desires a stamped hard copy of
plans, the hard copy plans can be submitted in triplicate, or
accompanied by electronic plans, so that the copies can be filed or
distributed as described above.
End-for-Ending Launching Appliance Falls
Currently, 46 CFR 109.301(j) and 199.190(j) require that falls for
launching appliances be replaced when necessary due to deterioration or
at least every 5 years, whichever is earlier. Additionally, the falls
must be turned end-for-end not more than 30 months after installation
(the phrase, ``turned end-for-end'' means rotating the wire ropes so
the ropes wear evenly). These regulations allow an alternative to the
end-for-ending requirements; however,
[[Page 76680]]
in that case, the falls must be replaced at least every 4 years. This
final rule removes the ``end-for-ending'' requirement for these
launching appliance falls and requires falls to be replaced at least
every 5 years to align with SOLAS Chapter III, which allows for a fall
replacement interval of 5 years without end-for-ending. This final rule
keeps the requirement to replace falls when they show signs of
deterioration. It has been Coast Guard policy per Commandant
Instruction (COMDTINST) M16000.7B, USCG Marine Safety Manual Vol. II B1
P.3.a(1)(c),\3\ that falls may be replaced in 5-year intervals if they
are serviced in accordance with SOLAS Chapter III, Regulation 20.4.
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\3\ U.S. Coast Guard, Marine Safety Manual Volume II: Materiel
Inspection, ``CH-2 to Marine Safety Manual Volume II, COMDTINST
M16000.7B,'' https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CSNCOE/USCG%20Marine%20Safety%20Manual%20Volume%20II%20-%20Material%20Inspection.pdf, accessed January 23, 2024.
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EPIRB
Section 161.011-10 of title 46 of the CFR requires Coast Guard
approval of EPIRBs. However, the FCC in its ``Maritime Communications''
final rule (68 FR 46957, 46974, Aug. 7, 2003), changed the approval
process for EPIRBs in 47 CFR 80.1061. This update, which is still in
effect, requires FCC approval for EPIRBs, but requires the Coast Guard
to accept EPIRBs compliant with COSPAS, SARSAT, and RTCM standards
before the FCC begins its review. Currently, the Coast Guard issues a
letter stating compliance with these standards and does not issue
approvals for EPIRBs. This final rule removes the requirement for Coast
Guard approval of EPIRBs and aligns the Coast Guard's responsibility in
46 CFR 161.011-10 with the process in 47 CFR 80.1061.
Deletion of References to Outdated Equipment
This final rule deletes references to pilot hoists as approved
equipment in 46 CFR subpart 163.002 by removing this subpart from the
CFR. In 2010, an International Maritime Organization (IMO) Resolution
of the Maritime Safety Committee (MSC), Resolution MSC.308(88),\4\
banned the use of pilot hoists on SOLAS vessels and updated SOLAS
Chapter V requirements accordingly. Further, pilots in the United
States do not use pilot hoists to embark a vessel. There are currently
no Coast Guard-approved pilot hoists, and there has not been a Coast
Guard-approved pilot hoist since 2000. This final rule also removes
references to pilot hoists in 46 CFR subchapters D, H, I, I-A, and U.
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\4\ Resolution MSC.308(88), ``Amendments to the International
Convention for the Safety of Life at Sea, 1974, as amended,''
adopted December 3, 2010, https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/MSCResolutions/MSC.308(88).pdf, accessed January 23, 2024.
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Fire Protection and Other Conforming Amendments
NVIC 7-80, Use of Fire Detection Systems Which are Not Approved
Under 46 CFR 161.002,\5\ allows the use of non-approved fire detection
systems as excess equipment on board vessels if the system is listed
and labeled by a Nationally Recognized Testing Laboratory (NRTL). This
final rule adds the allowance for a fire detection system listed and
labeled by an NRTL to be used as excess equipment for 46 CFR subchapter
I-A, aligned with the guidance set forth in NVIC 7-80.
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\5\ Department of Transportation and U.S. Coast Guard, NVIC 7-
80, ``Use of Fire Detection Systems Which are Not Approved Under 46
CFR 161.002,'' https://www.dco.uscg.mil/Portals/9/DCODocuments/5p/5ps/NVIC/1980/n7-80.pdf, accessed January 23, 2024.
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The 2016 final rule, ``Harmonization of Standards for Fire
Protection, Detection, and Extinguishing Equipment'' (81 FR 48219, July
22, 2016), updated the design and approval standards for fire
extinguishing equipment by changing the portable fire extinguisher
ratings system from a weight-based rating system to the Underwriters
Laboratories, Inc. (UL) performance-based rating system. That 2016 rule
added a grandfathering clause to several sections in titles 33 and 46
of the CFR; \6\ however, this clause was mistakenly left out for public
nautical school ships and sailing school ships in 46 CFR subchapter R.
This final rule corrects the oversight.
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\6\ The 2016 final rule applied the grandfathering clause for
vessels identified in 33 CFR 145.15 and 149.410, and 46 CFR 25.30-
80, 34.50-80, 76.50-80, 95.50-80, 108.491(b), 132.250, and 193.50-
90.
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The previously mentioned ``Harmonization of Standards for Fire
Protection, Detection, and Extinguishing Equipment'' rule also updated
the portable fire extinguisher ratings system throughout title 46 of
the CFR. In implementing that complex rule, there were errors in
extinguisher quantities and ratings in 46 CFR subchapters H, I, K, and
R, as listed in table 1. This final rule corrects those errors.
Foam Testing
Tank vessels and MODUs fitted with deck foam systems are required
by 46 CFR 31.10-18(c) and 107.235(b)(4) to submit a representative
sample of foam concentrate to the foam manufacturer to test foam
gravity, pH, percentage of water dilution, and solid content. There are
numerous laboratories other than those owned by foam manufacturers that
can test firefighting foam concentrates. This final rule adds an option
to allow third-party testing for firefighting foam concentrate.
Allowing third parties that are accepted by the Coast Guard to test
firefighting foam concentrates could be less burdensome to the vessel
owners and operators and provide a level of safety similar to the
current requirements that the manufacturer of the firefighting foam be
the sole tester. Additionally, using a third party to test the
properties of firefighting foam increases the number of companies
available to test firefighting foam properties. This final rule also
aligns with SOLAS requirements and codifies CG-ENG Policy Letter 01-20,
Third Party Foam Concentrate Analysis.\7\
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\7\ U.S. Coast Guard, CG-ENG Policy Letter 01-20 Third Party
Foam Concentrate Analysis, June 23, 2020, https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/Design%20and%20Engineering%20Standards/Life%20Saving%20and%20Fire%20Safety/Docs/CG-ENG%20PL%2001-20%20Foam%20Testing.pdf?ver=2020-07-09-142932-267, accessed January
23, 2024.
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Hydrostatic Testing for Inert Gas Cylinders
This final rule changes the interval for hydrostatic testing of all
inert gas fire extinguishing system bottles in 46 CFR 147.66 from at
least once in every 5 or 10 years (depending on bottle size) to once in
every 12 years. This change aligns the hydrostatic testing intervals
for inert gas fire extinguishing system bottles with the intervals for
carbon dioxide and halocarbon fire extinguishing system bottles in 46
CFR 147.65 and 147.67, respectively. The Coast Guard is not aware of
any data or studies that demonstrate the need for a shorter hydrostatic
testing interval for inert gas extinguishing system bottles compared to
carbon dioxide or halocarbon extinguishing system bottles. Further,
this change reduces servicing costs for vessel owners or operators
without increasing risk.
MODU Lifesaving Appliance Release Mechanism
Per 46 CFR 108.570(c)(3), single fall lifeboats also serving as
rescue boats on board MODUs are required to have an automatic release
mechanism approved
[[Page 76681]]
under approval series 46 CFR subpart 160.170 rather than a lifeboat
release mechanism (non-automatic). This final rule adds an option in 46
CFR 108.570(c)(3) to allow single fall lifeboats also serving as rescue
boats on board MODUs to have lifeboat release mechanisms (non-
automatic) or automatic release mechanisms. This allows owners and
operators of MODUs the choice to select from a broader range of
equipment options available to non-SOLAS lifeboat and rescue boat-
releasing mechanisms. This change aligns this regulation with a similar
regulation in 46 CFR 199.160(d)(2). There is no reason to treat
lifeboats that also serve as rescue boats on offshore units differently
than those units installed on board ships.
Nonmetallic Piping
Title 46 CFR 116.405(f) requires that nonmetallic (that is,
plastic) piping in concealed spaces of small passenger vessels subject
to 46 CFR subchapter K be tested under the ASTM E84 standard and meet
required flame spread and smoke development ratings. However, plastic
piping is already required to be approved by the Coast Guard under 46
CFR subpart 164.141 to meet flame spread and smoke and toxicity
requirements under the FTP code. Although the test apparatus and
procedures differ, the same material properties are tested. Requiring
two different testing standards is redundant and provides no additional
benefits, adds confusion by preventing approved piping from being used,
and increases the cost for pipe manufacturers and purchasers.
Therefore, the Coast Guard is removing the requirement to test
nonmetallic pipes under the ASTM E84 standard and to clarify that, if
nonmetallic piping is used in concealed spaces, it must be approved
under approval series 46 CFR 164.141.
Pressure-Vacuum Relief Valves
Pressure-vacuum relief valves for tank vessels required in 46 CFR
32.20-5 and 39.2011(b) must be Coast Guard-approved pursuant to 46 CFR
subpart 162.017. Currently, in 46 CFR subpart 162.017, International
Organization for Standardization (ISO) standard 15364 is incorporated
by reference and is an alternative standard to the prescriptive
requirements in 46 CFR subpart 162.017 for approval of pressure-vacuum
relief valves (see 46 CFR 162.107-3(r)). This final rule amends 46 CFR
39.2011(b) to allow ISO 15364 valves, or valves otherwise accepted by
foreign-flag Administrations, as acceptable alternatives to the type-
approval requirements of 46 CFR subpart 162.017. This final rule aligns
our regulations for pressure-vacuum relief valves with SOLAS
requirements. This final rule also amends 46 CFR 162.017-3(g) to
replace the words ``overhauling and repairs'' with ``maintenance,'' 46
CFR 162.017-3(n) to correct an editorial error, and 46 CFR 162.017-6 to
clarify the application process.
Resins for Lifeboats and Rescue Boats
Manufacturers of fiber-reinforced plastic survival craft and rescue
boats who seek Coast Guard equipment approval are required to use resin
accepted in 46 CFR subpart 164.120. This final rule revises the
regulations for survival craft and rescue boats (46 CFR subparts
160.135 and 160.156) to incorporate by reference IMO MSC/Circular 1006,
``Guidelines on Fire Test Procedures for Acceptance of Fire-Retardant
Materials for the Construction of Lifeboats,'' \8\ an international
standard for fire retardant resins that is already incorporated by
reference in 46 CFR subpart 164.120. This final rule deletes 46 CFR
subpart 164.120 and adds a review of fire-retardant resins in 46 CFR
subparts 160.135 and 160.156. The Coast Guard will no longer maintain a
list of accepted resins. Currently, there are 15 standards (4 ISO and
11 ASTM) incorporated by reference in 46 CFR subpart 164.120 that are
out of date. There is no indication that using the standards for resins
specified in the regulations, instead of other standards, is necessary
for safely constructing fiberglass-reinforced plastic survival craft
and rescue boats.
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\8\ IMO MSC/Circular 1006, ``Guidelines on Fire Test Procedures
for Acceptance of Fire-Retardant Materials for the Construction of
Lifeboats'' is available to view in the docket (USCG-2020-0519).
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Self-Contained Breathing Apparatus
All vessels regulated in 46 CFR subchapters D, K, I, I-A, L, R, and
U are required to carry an SCBA as a part of a firefighting or
emergency outfit. Currently, the regulations require these SCBAs to
hold an MSHA approval. However, MSHA has not approved this equipment
since 1995, when the Public Health Service (PHS) published the
``Respiratory Protective Devices'' final rule (60 FR 30336, June 8,
1995). This final rule deletes the obsolete requirement for SCBAs on
inspected vessels to be approved by MSHA and aligns title 46 of the CFR
with MSHA and PHS regulations.
Stairwell Structural Fire Protection and Means of Egress
The ``Harmonization of Standards for Fire Protection, Detection,
and Extinguishing Equipment'' rule (81 FR 48219), published on July 22,
2016, added an option for inspected domestic vessels to meet either the
structural fire protection requirements of SOLAS Chapter II-2, or the
structural protection requirements found in the subchapter under which
the vessel is inspected. The 2016 rule was intended to allow any U.S.-
flagged vessel to be built to the requirements in SOLAS Chapter II-2,
even if it is not certificated to SOLAS, which allows greater
flexibility in design. However, the Coast Guard believes the 2016 rule
used ambiguous language regarding the means of egress requirements for
46 CFR subchapter K vessels that used the SOLAS Chapter II-2 option for
structural fire protection. This final rule adds language to clarify
the means of egress requirements if subchapter K vessels use the SOLAS
Chapter II-2 structural fire protection requirements for a design
basis. This final rule also harmonizes stairways and ladders that meet
SOLAS's structural and nonstructural fire protection requirements with
U.S. design, structural, and nonstructural fire protection
requirements.
Winches and Davits
This final rule removes prescriptive design requirements of safety
devices for lifeboat, rescue boat, and liferaft winches, and aligns the
safety device requirement with the LSA Code. Currently, 46 CFR 160.115-
7(b)(6)(vi) requires that winches for survival craft or rescue boats
have a limit switch on each davit arm to prevent damage to the
launching equipment. However, requiring one limit switch for each davit
arm is inconsistent with the IMO's LSA Code, which requires a safety
device to prevent overstressing the falls, but does not prescribe that
the device must be a limit switch. The Coast Guard is removing this
prescriptive design requirement and aligning the safety device
requirement with the LSA Code. This final rule allows launching
appliance manufacturers to use different technologies to achieve the
safety performance criteria of the LSA Code.
[[Page 76682]]
VI. Incorporation by Reference
Material for IBR appears in 46 CFR 39.1005, 39.2011, 160.135-5,
160.135-7, 160.156-5, 160.156-7, 160.171-3, 160.171-17, 160.174-3,
160.174-17, 162.017-1, and 162.017-3. The standards are summarized in
section VII. L. Technical Standards, of this preamble. For information
about how to view this material, see the ADDRESSES section of this
preamble. Copies of the material are reasonably available from the
sources listed in Sec. Sec. 39.1005, 160.135-5, 160.156-5, 160.171-3,
160.174-3, and 162.017-1. The following standards have already been
approved for the locations where they appear in the amendatory text,
and there will be no change to the incorporation by reference: SOLAS,
Chapter II-2, National Fire Protection Association (NFPA) 2001, and the
Fire Test Procedures (FTP) Code.
VII. Regulatory Analyses
We developed this final rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review), as amended
by Executive Order 14094 (Modernizing Regulatory Review), and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
The Office of Management and Budget (OMB) has not designated this
final rule a significant regulatory action under section 3(f) of
Executive Order 12866, as amended by Executive Order 14094. This final
rule will result in additional cost savings to industry with no
reduction or change in safety benefits. Details on the estimated cost
savings of this final rule can be found in the RA that follows.
The Coast Guard received one public comment on the affected
population in the RA for the proposed rule. The commenter stated that
in the NPRM, the RA did not provide clarity on whether the population
included floating OCS facilities. We excluded floating OCS facilities
because the proposed change is not applicable to floating OCS
facilities and we addressed the comment in the RA of this final rule by
clarifying the population of vessels carrying lifeboats (see table 7).
We discuss our response to this comment in section IV., Discussion of
Comments, in the preamble of this final rule. We are incorporating the
commenter's suggestions into the RA for this final rule in the section
discussing end-for-ending launching appliance falls (see table 7).
Table 2--Summary of Changes to the RA From the NPRM to the Final Rule
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Resulting change
Description NPRM Final rule Reason for change in RA
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Affected population of U.S.- The Coast Guard In the final rule, Based on public The increase in
flagged vessels. estimated that the we revised this comment, we the affected
proposed rule estimate to 442 revised this population of
would affect 435 vessels. estimate using a vessels carrying
vessels carrying new data pull. lifeboats
lifeboats. increases the
cost savings.
46 CFR 116.400(c).............. The Coast Guard In the final rule, Based on public No impact;
intended to we revised the comment, we clarification.
clarify the referenced determined the
stairwell citation to proposed text
structural fire eliminate change
protection and unnecessary case- unintentionally
means of egress by-case required case-by-
requirements for evaluations for case evaluation
46 CFR subchapter certain vessels. for certain
K vessels. vessels.
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The Coast Guard is revising the requirements in 33 CFR subchapter
NN and 46 CFR subchapters A, D, F, H, I, I-A, K, L, N, Q, R, T, U, and
W. These subchapters are associated with approving, carrying, and
maintaining certain safety equipment required on board vessels,
offshore units, deepwater ports, and recreational vessels. These
revisions eliminate outdated requirements, update standards
incorporated by reference, and reduce the frequency of inspection and
testing requirements for foam fire extinguishing systems, inert gas
cylinders, and lifeboat wire falls. Additionally, this final rule
removes obsolete sections and aligns conflicting sections with codes
associated with SOLAS. The quantified cost savings of this final rule
is associated with three items: hydrostatic testing of inert gas
bottles, testing firefighting foam concentrates for fixed-foam fire-
extinguishing systems, and replacing the fall wire ropes associated
with lifeboats. Table 3 provides a summary of the impacts of this final
rule.
Table 3--Summary of Impacts of the Final Rule
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Category Summary
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Applicability..................... Update 33 CFR, chapter I, subchapter
NN, and 46 CFR, chapter I,
subchapters A, D, F, H, I, I-A, K,
L, N, Q, R, T, U, and W.
Affected Population............... 588 U.S.-flagged vessels:
132 carrying foam fire
extinguishing systems,
14 carrying inert gas
bottles, and
442 carrying lifeboats.
Costs............................. There will be no costs to industry
or the Federal Government because
this final rule reduces burden and
generates cost savings.
Benefits.......................... Provide flexibility by offering
third-party testing options for
certain safety equipment.
Reduce confusion and administrative
burdens by (1) removing obsolete
regulations, IBRs, and outdated
references; and (2) updating
standards to align with SOLAS,
related regulations, and current
industry practice.
[[Page 76683]]
Cost savings (7% discount rate)*.. Cost savings to industry:
10-year: $2,532,521.
Annualized: $360,574.
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* Totals may not sum due to independent rounding.
Regulatory Changes of the Final Rule by CFR Subparts and Sections
Table 4 presents regulatory changes with an assessment of the
economic impact of the changes to titles 33 and 46 of the CFR. The
table shows the category of each change, descriptions of the changes,
affected CFR subparts and sections, and the economic impact (cost
savings or no impact) from the changes.
Table 4--Regulatory Changes of the Final Rule by CFR Subparts and Sections
----------------------------------------------------------------------------------------------------------------
Affected CFR subparts
Equipment involved or type of change Changes and sections Economic impact
----------------------------------------------------------------------------------------------------------------
CFR References and Changes to IBRs.. 1. Deletes references to 46 CFR 115.810(b)(1), No impact; editorial.
outdated IBRs and 46 CFR 118.500(d), 46
corrects improper IBRs CFR 160.171-3, 46 CFR
in regulation text. 2. 160.174-3, 46 CFR
Corrects improper CFR 161.002-18(a)(3), 46
references. CFR 161.002-19(a)(3),
46 CFR 161.002-
19(b)(3), 46 CFR
162.017-0, 46 CFR
164.106-3(a), 46 CFR
164.137-2(b)(2), 46
CFR 164.137-3(a), 46
CFR 164.138-2(a), 46
CFR 164.138-2(b)(2),
46 CFR 164.138-3(a),
46 CFR 164.139-2(a),
46 CFR 164.139-
2(b)(2), 46 CFR
164.139-3(a).
Editorial........................... 1. Clarifies language. 33 CFR 149.410, 46 CFR No impact; editorial.
2. Corrects 56.60-25(a)(4), 46 CFR
typographical errors. 108.495, 46 CFR
3. Deletes repetitive subpart 162.017, 46
words and wording. CFR 181.500(b).
Electronic Submissions.............. 1. Adds option to submit 46 CFR 2.75-10(b), 46 No impact; aligns with
equipment approval CFR 159.001-5, 46 CFR current industry
materials 160.115-9(b), 46 CFR practice. Over the
electronically. 2. 160.115-13(g)(2), 46 past 5 years, the
Removes requirement for CFR 160.132-9(b), 46 Coast Guard has
multiple copies of CFR 160.132-13(g)(2), received 99.2 percent
submissions for 46 CFR 160.133-9(b), of the submissions
equipment approval, if 46 CFR 160.133- electronically. So,
submitted 13(g)(2), 46 CFR this final rule
electronically. 160.135-9(b), 46 CFR codifies the use of
160.135-13(g)(2), 46 electronic submission.
CFR 160.156-9(b), 46
CFR 160.156-13(g)(2),
46 CFR 160.170-9(b),
46 CFR 160.170-
13(g)(2), 46 CFR
161.002-18(a), 46 CFR
161.002-19(a)(2), 46
CFR 161.012-5(a), 46
CFR 161.012-5(b)(2),
46 CFR 161.013-
11(c)(1), 46 CFR
161.013-17, 46 CFR
162.050-15(a), 46 CFR
162.060-40(b), 46 CFR
164.009-9(a), 46 CFR
164.018-7(a), 46 CFR
164.018-7(b)(2).
End-for-Ending Launching Appliance 1. Removes requirement 46 CFR 109.301(j), 46 Cost savings; reduces
Falls. for ``end-for-ending'' CFR 199.190(j). testing burdens by
for launching appliance allowing owners and
falls, to align with operators to replace
SOLAS. 2. Revises the falls every 5
interval for launching years without the end-
appliance falls for-ending
replacement to 5 years. requirement.
EPIRB............................... Aligns Coast Guard 46 CFR 161.011-1, 46 No impact; aligns with,
acceptance of EPIRBs in CFR 161.011-5, 46 CFR current industry
46 CFR with Federal 161.011-10. practice.
Communications
Commission (FCC)
requirements in 47 CFR
and standards
established by the
Space System for the
Search of Vessels in
Distress (COSPAS),
Search and Rescue
Satellite-Aided
Tracking (SARSAT), and
RTCM.
Equipment Deletion.................. Deletes pilot hoist 46 CFR 32.90-1(h), 46 No impact; aligns with
approval series, Sec. CFR 77.40-1(h), 46 CFR current industry
163.002, and associated 96.40-1(h), 46 CFR practice.
references in various 108.719(h), 46 CFR
subchapters. subpart 163.002, 46
CFR 195.40-1(h).
Fire Protection and Other Conforming 1. Corrects fire 46 CFR 34.10-90(a)(3), No impact; editorial
Amendments. extinguisher ratings. 46 CFR 34.50-10(a), 46 and aligns with
2. Clarifies fire CFR 76.50-10(a), 46 current industry
extinguisher CFR 95.50-10(a), 46 practice.
quantities. 3. Adds CFR 105.14(a), 46 CFR
option to allow use of 108.103, 46 CFR
nationally recognized 108.489(a)(3), 46 CFR
testing laboratory 118.500(c), 46 CFR
(NRTL) listed and 167.45-40, 46 CFR
labeled fire detection 167.45-65, 46 CFR
systems as excess 167.45-70, 46 CFR
equipment for MODUs. 4. 167.45-71, 46 CFR
Adds grandfathering 167.45-75, 46 CFR
provision for fire 169.567(a), 46 CFR
extinguishers for 169.568.
public nautical school
ships and sailing
school ships.
[[Page 76684]]
Foam Testing........................ 1. Adds option for third- 46 CFR 31.10-18(c), 46 Cost savings; reduces
party testing for foam CFR 107.235(b)(4). testing burdens via
concentrates. 2. Aligns the use of other test
testing processes with alternatives from the
requirements in SOLAS third party.
and Coast Guard Office
of Design and
Engineering Standards
(CG-ENG) Policy Letter
01-20, Third Party Foam
Concentrate Analysis.
Hydrostatic Testing for Inert Gas Revises hydrostatic 46 CFR 147.66(a), 46 Cost savings; changes
Cylinders. testing requirements CFR 147.66(c). the interval for
for inert gas bottles hydrostatic testing
to every 12 years. for all vessels with
inert gas bottles for
fire protection
systems from at least
once in every 5 years
for large bottles and
10 years for small
bottles to once in
every 12 years for all
bottle types.
MODU Lifesaving Appliance Release 1. Adds an option in 46 46 CFR 108.570(c)(3)... No impact; editorial
Mechanism. CFR subchapter I-A to and aligns with
allow lifeboats also current industry
serving as a rescue practice.
boat to have lifeboat
release mechanisms
instead of rescue boat
release mechanisms. 2.
Aligns this regulation
with a similar
regulation in 46 CFR
subchapter W.
Nonmetallic Piping.................. Removes redundant fire 46 CFR 116.405(f)...... No impact; editorial.
testing requirements
for nonmetallic piping
in 46 CFR subchapter K.
Pressure-Vacuum Relief Valves....... 1. Revises requirements 46 CFR 39.1005, 46 CFR No impact; editorial
for approving pressure- 39.2011(b)(1), 46 CFR and aligns with
vacuum relief valves. 162.017-1, 46 CFR current industry
2. Updates IBR edition. 162.017-2, 46 CFR practice.
162.017-3(n), 46 CFR
162.017-3(r), 46 CFR
162.017-6.
Resins for Lifeboats and Rescue Removes approval series 46 CFR 160.135-5(d), 46 No impact; editorial.
Boats. for fire-retardant CFR 160.135-
resins and incorporates 7(b)(3)(iv)(A), 46 CFR
approval of these 160.156-5(d), 46 CFR
resins into approvals 160.156-7(b)(3)(iv)(A)
for lifeboats and , 46 CFR subpart
rescue boats. 164.120.
Self-Contained Breathing Apparatus.. Removes obsolete 46 CFR 35.30-20(c)(1), No impact; editorial.
requirement for MSHA 46 CFR 77.35-5(b), 46
approval for SCBAs. CFR 96.35-5(b), 46 CFR
108.497(a), 46 CFR
132.365(b)(1), 46 CFR
167.45-60(a), 46 CFR
169.717(a)(1).
Stairwell Structural Fire Protection Clarifies the stairwell 46 CFR 116.400(c)...... No impact; editorial.
and Means of Egress. structural fire
protection and means of
egress requirements for
46 CFR subchapter K
vessels.
Winches and Davits.................. 1. Removes prescriptive 46 CFR 160.115- No impact; editorial.
design requirements for 7(b)(6)(vi).
winch and davit safety
devices under the LSA
Code. 2. Aligns the
safety device
requirement with the
LSA Code.
----------------------------------------------------------------------------------------------------------------
Affected Population
For this final rule, we obtained the affected population of vessels
and the items they carry primarily from our Marine Information for
Safety and Law Enforcement (MISLE) database and from supplemental
information provided to us by subject matter experts (SMEs) in CG-ENG.
The affected population is the total number of U.S.-flagged vessels
carrying foam fire-extinguishing systems, lifeboat wire falls, and
inert gas bottles for extinguishing fires. Based on MISLE database
information from October 2023, and as noted in table 3, the total
number of affected vessels is 588, made up of 132 vessels carrying foam
fire-extinguishing systems, 14 vessels carrying inert gas bottles, and
442 vessels carrying lifeboats. Vessels can be carrying more than one
type of equipment at a time, so there is some overlap in the number of
vessels that, for example, carry a foam fire-extinguishing system and
also carry lifeboats. For the purposes of our cost analysis, however,
we assume there is no overlap.
Cost Analysis
This final rule imposes no cost on industry because it eliminates
outdated requirements and reduces inspection and testing requirements
on certain safety equipment required on board vessels and offshore
units or facilities. As a result, this final rule generates cost
savings to the industry. The cost savings are associated with reducing
the maintenance intervals for hydrostatic testing of inert gas bottles
and lifeboat wire falls and expanding testing parties for fixed-foam
fire-extinguishing systems.
Regulatory Baseline
To obtain the cost savings associated with this final rule, we
first calculated the current costs to mariners for firefighting foam
testing, hydrostatic testing of inert gas bottles, and lifeboat wire
falls. Then, we compared the current and the final rule costs to obtain
the cost savings. The baseline costs for these items are as follows:
Foam Testing
Owners and operators of vessels that carry foam fire-extinguishing
systems are required in 46 CFR 31.10-18(c) and 107.235(b)(4) to submit
a representative sample of firefighting foam concentrate, if carried,
to the manufacturer to test for specific properties such as gravity,
pH, percentage of water dilution, and solid content. The testing is
required before the inspection for certification and periodic
inspection, which is twice in a 5-year period. From information
obtained in MISLE and discussions with SMEs, there are a total of 132
vessels carrying foam fire-extinguishing systems in our affected
population, because each vessel carries 1 foam fire-extinguishing
system on board.
Based on information we obtained from a Coast Guard-approved third-
party company that tests foam fire-extinguishing systems, and from
consultations with SMEs, the cost to
[[Page 76685]]
perform the test is about $150, which includes the cost for a vessel
owner or operator to submit a foam sample to a manufacturer for
testing. We estimate the total annual undiscounted cost for foam
testing to be approximately $7,920. We calculate this by assuming that,
in any given year, 40 percent (or 2 divided by 5 to represent the
testing interval of 2 tests every 5 years) of the 132 foam systems
require testing. We then multiply the result (132 x 0.40) by the cost
per test ($150). Table 5 presents the baseline total undiscounted cost
for fire extinguishing foam testing.
Table 5--Baseline Cost for Foam Testing
----------------------------------------------------------------------------------------------------------------
Foam testing
Period population for Cost per test Total cost
each period
(A) (B) (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
1........................................................... 132 x (0.40) $150 $7,920
2........................................................... 132 x (0.40) 150 7,920
3........................................................... 132 x (0.40) 150 7,920
4........................................................... 132 x (0.40) 150 7,920
5........................................................... 132 x (0.40) 150 7,920
6........................................................... 132 x (0.40) 150 7,920
7........................................................... 132 x (0.40) 150 7,920
8........................................................... 132 x (0.40) 150 7,920
9........................................................... 132 x (0.40) 150 7,920
10.......................................................... 132 x (0.40) 150 7,920
---------------------------------------------------
Total................................................... ................ .............. 79,200
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
Hydrostatic Testing for Inert Gas Cylinders
Under 46 CFR subpart 147.66, vessel owners or operators of vessels
that carry inert gas fire extinguishing bottles must have the bottles
hydrostatically tested at least once every 10 years for bottles with an
equivalent water capacity of 125 pounds or less or once every 5 years
for larger bottles with an equivalent water capacity of greater than
125 pounds. The water capacity of a bottle is used to obtain the
volumetric size of the bottle for testing purposes because testing
cannot be performed when the bottle contains an inert gas. This testing
is necessary to ensure the integrity of the bottles. The Coast Guard
contacted a company that hydrostatically tests inert gas bottles to
obtain the costs associated with testing and discharging these bottles,
recharging the bottles with an inert gas, and delivering the bottles to
a vessel when the testing is completed.\9\
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\9\ An inert gas is a gas that has low chemical reactivity under
certain conditions, which makes it suitable for firefighting
purposes either alone or with other gases. Inert gases extinguish
fires by displacing oxygen in the air. The field of chemistry
generally recognizes that six (naturally occurring) gases make up
the list of inert gases: helium, argon, neon, krypton, xenon, and
radon. See https://www.Britannica.com/science/noble-gas, accessed
January 23, 2024.
---------------------------------------------------------------------------
The cost to discharge and test the bottle, rebuild the valve on the
bottle, and recharge the bottle with an inert gas is about $1,220--a
lump-sum amount provided to us by the testing company. The pickup and
delivery costs are about $600. The company we contacted for this cost
estimate provided a lump-sum figure, which includes the time it takes
to drive to a vessel, disconnect the bottles, load the bottles onto the
delivery vehicle, and transport the bottles to the testing facility and
back to the vessel.
Therefore, the total cost a testing company charges a vessel owner
or operator is about $1,820 ($1,220 + $600) to hydrostatically test
inert gas bottles. Based on MISLE data and discussions with SMEs, the
total number of inert gas bottles for the 14 vessels that have inert
gas bottles on board is approximately 169, or approximately 12 bottles
per vessel. We found no bottles that had a capacity of more than 125
pounds of equivalent water capacity in our population.
As a result, the testing cost once in a 10-year period is about
$307,580 (169 bottles x $1,820). We estimate the total annual
undiscounted cost for inert gas testing to be approximately $30,758. We
calculate this by assuming that 10 percent (or 1 divided by 10 to
represent the testing interval of 1 test every 10 years) of the 169
inert gas cylinders require testing over a 10-year period. We then
multiply the result (169 x 0.10) by the cost per test ($1,820). Table 6
presents the baseline total undiscounted cost for inert gas cylinders.
Table 6--Baseline Cost for Inert Gas Cylinders
----------------------------------------------------------------------------------------------------------------
Inert gas
Period population for Cost per test Total cost
each period
(A) (B) (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
1........................................................... 169 x (0.10) $1,820 $30,758
2........................................................... 169 x (0.10) 1,820 30,758
3........................................................... 169 x (0.10) 1,820 30,758
4........................................................... 169 x (0.10) 1,820 30,758
5........................................................... 169 x (0.10) 1,820 30,758
6........................................................... 169 x (0.10) 1,820 30,758
7........................................................... 169 x (0.10) 1,820 30,758
[[Page 76686]]
8........................................................... 169 x (0.10) 1,820 30,758
9........................................................... 169 x (0.10) 1,820 30,758
10.......................................................... 169 x (0.10) 1,820 30,758
---------------------------------------------------
Total................................................... ................ .............. 307,580
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs once every 10 years.
End-for-Ending Launching Appliance Falls
U.S.-flagged vessel owners and operators are required to replace
lifeboat launching appliance falls (wire ropes) every 5 years,
according to 46 CFR 109.301 and 199.190. According to current
regulations, these falls must be turned end-for-end not more than 30
months, or 2.5 years, after installation during a 5-year period (the
phrase ``turned end-for-end'' means rotating the wire ropes so the
ropes wear evenly). There are two falls for each lifeboat, and there
are two lifeboats per vessel. Using the MISLE database, we identified
442 U.S.-flagged vessels that carry lifeboats.
Table 7--U.S.-Flagged Vessel Population by Inspection Subchapter for
Lifeboats
------------------------------------------------------------------------
Subchapter Description Population
------------------------------------------------------------------------
D.............................. Tank Vessels........... 20
H.............................. Passenger Vessels 3
(>=100 gross tons).
I.............................. Cargo and Miscellaneous 311
Vessels.
I-A............................ Mobile Offshore 1
Drilling Units (MODUs).
K.............................. Small Passenger Vessels 5
Carrying More Than 49
Passengers.
M.............................. Towing Vessels......... 45
O & D Combination (tank barge Combination Bulk Cargo- 19
or freight barge). including chemicals.
R.............................. Nautical Schools....... 8
U.............................. Oceanographic Research 17
Vessels.
T.............................. Small Passenger Vessels 13
(under 100 gross tons).
---------------
Total...................... ....................... 442
------------------------------------------------------------------------
Each affected vessel has 2 lifeboats on board; therefore, we
estimate there are 884 lifeboats that have fall wire ropes.
For cost savings purposes, we assume that each lifeboat has two
fall wire ropes. The cost to turn two falls end-for-end on each
launching appliance is about $2,000, based on information provided to
us from a company that performs this function. Because there are 2
lifeboats per vessel, the population of lifeboat wire rope falls is
884. The total annual cost to turn falls end-for-end 2.5 years after
installation for 884 lifeboat wire falls is about $353,600. We
calculate this by assuming that in any given year, 20 percent (or 2
divided by 10 to represent the turning interval of 1 turn every 5
years) of the 884 lifeboat wire falls require turning. We then multiply
the result (884 x 0.20) by the cost per turning ($2,000). Table 8
presents the baseline total undiscounted cost for lifeboat wire falls.
Table 8--Baseline Cost for Lifeboat Wire Falls
----------------------------------------------------------------------------------------------------------------
Lifeboat wire falls
Period population for each Cost per turning Total cost
period
(A) (B) (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
1.................................................. 884 x (0.20) $2,000 $353,600
2.................................................. 884 x (0.20) 2,000 353,600
3.................................................. 884 x (0.20) 2,000 353,600
4.................................................. 884 x (0.20) 2,000 353,600
5.................................................. 884 x (0.20) 2,000 353,600
6.................................................. 884 x (0.20) 2,000 353,600
7.................................................. 884 x (0.20) 2,000 353,600
8.................................................. 884 x (0.20) 2,000 353,600
9.................................................. 884 x (0.20) 2,000 353,600
10................................................. 884 x (0.20) 2,000 353,600
------------------------------------------------------------
Total.......................................... ..................... .................. 3,536,000
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
[[Page 76687]]
We estimate the baseline total undiscounted cost to owners and
operators of U.S.-flagged vessels for all three items to be about
$3,922,780 ($79,200 + $3,536,000 + $307,580) (see table 9).
Table 9--Summary of Baseline Costs Associated With Each Item
----------------------------------------------------------------------------------------------------------------
Lifeboat wire Inert gas Undiscounted
Period Foam testing falls testing cost
----------------------------------------------------------------------------------------------------------------
1............................................. $7,920 $353,600 $30,758 $392,278
2............................................. 7,920 353,600 30,758 392,278
3............................................. 7,920 353,600 30,758 392,278
4............................................. 7,920 353,600 30,758 392,278
5............................................. 7,920 353,600 30,758 392,278
6............................................. 7,920 353,600 30,758 392,278
7............................................. 7,920 353,600 30,758 392,278
8............................................. 7,920 353,600 30,758 392,278
9............................................. 7,920 353,600 30,758 392,278
10............................................ 7,920 353,600 30,758 392,278
-----------------------------------------------------------------
Total..................................... 79,200 3,5360,000 307,580 3,922,780
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
This final rule generates cost savings as follows:
Cost Savings
The cost savings originate from eliminating outdated requirements,
reducing inspection, and testing requirements, and updating standards.
The cost savings of this final rule are associated with three items:
testing concentrates for fixed-foam fire-extinguishing systems,
hydrostatic testing for inert gas bottles, and eliminating the end-for-
ending requirement for launching appliance falls (wire ropes) when
replaced at an interval of 5 years.
Foam Testing
There are numerous laboratories, other than those owned by foam
manufacturers, that can test foam concentrates used for firefighting.
Allowing a Coast Guard-accepted independent laboratory to test foam
concentrates provides a similar level of safety to the current
requirements and may be less burdensome to the vessel owners or
operators. Additionally, the use of a third party to test the
properties of the firefighting foam allows for increased availability
in the number of companies able to test firefighting foam systems.
In this final rule, a Coast Guard-accepted independent laboratory,
in place of a manufacturer, is permitted to perform the foam fire-
extinguishing concentrates test. The charge for this service will be
about $115 per system.\10\ This results in a total annual cost of
$6,072. We calculate this by assuming that, in any given year, 40
percent (or 2 divided by 5 to represent the testing interval of 2 tests
every 5 years) of the 132 foam systems require testing. We then
multiply the result (132 x 0.40) by the projected cost per test ($115)
(see table 10).
---------------------------------------------------------------------------
\10\ This price was obtained from the industry.
Table 10--Cost Change for Foam Testing
----------------------------------------------------------------------------------------------------------------
Foam testing
Period population for each Cost per test Total cost
period
(A) (B) (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
1.................................................. 132 x (0.40) $115 $6,072
2.................................................. 132 x (0.40) 115 6,072
3.................................................. 132 x (0.40) 115 6,072
4.................................................. 132 x (0.40) 115 6,072
5.................................................. 132 x (0.40) 115 6,072
6.................................................. 132 x (0.40) 115 6,072
7.................................................. 132 x (0.40) 115 6,072
8.................................................. 132 x (0.40) 115 6,072
9.................................................. 132 x (0.40) 115 6,072
10................................................. 132 x (0.40) 115 6,072
------------------------------------------------------------
Total.......................................... ..................... .................. 60,720
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.
We compared the current per-unit cost for firefighting foam testing
of $150 when performed by a manufacturer with the projected per-unit
cost of $115 when performed by a third party. We estimate the per-unit
cost savings to be $35 ($150-$115). As we presented earlier in this
analysis, the baseline and the projected costs for firefighting foam
testing are $7,920 and $6,072, respectively (see tables 5 and 9).
Therefore, the cost savings per year are about $1,848 ($7,920-$6,072),
and the total cost savings for the firefighting foam testing part of
this final rule are
[[Page 76688]]
about $18,480 ($79,200-$60,720), undiscounted (see table 11).
Table 11--Net Cost Savings for Foam Testing
----------------------------------------------------------------------------------------------------------------
Baseline cost
Period * Cost ** Total cost savings
(A) (B) (C) = (A)-(B)
----------------------------------------------------------------------------------------------------------------
1......................................................... $7,920 $6,072 $1,848
2......................................................... 7,920 6,072 1,848
3......................................................... 7,920 6,072 1,848
4......................................................... 7,920 6,072 1,848
5......................................................... 7,920 6,072 1,848
6......................................................... 7,920 6,072 1,848
7......................................................... 7,920 6,072 1,848
8......................................................... 7,920 6,072 1,848
9......................................................... 7,920 6,072 1,848
10........................................................ 7,920 6,072 1,848
-----------------------------------------------------
Total................................................. 79,200 60,720 18,480
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 5.
** Table 10.
Hydrostatic Testing for Inert Gas Cylinders
We are changing the hydrostatic testing interval of all inert gas
firefighting extinguishing system bottles from the current requirement
of once every 10 years or once every 5 years, depending on size, to at
least once every 12 years, which aligns with the hydrostatic testing
intervals for carbon dioxide and halon firefighting extinguishing
system bottles in 46 CFR 147.65.
The cost savings are from less frequent testing of inert gas
bottles. For vessels with inert gas bottles less than 125 pounds, the
test interval will change from at least once in every 10 years to at
least once in every 12 years. For large bottles with inert gas bottles
equal or greater than 125 pounds, the test interval will change from
once in every 5 years to once in every 12 years. We found no bottles
that had a capacity of more than 125 pounds of equivalent water
capacity in our population. Therefore, for the purpose of this
analysis, the relevant change in testing interval is from once every 10
years to once every 12 years. The total annual cost of hydrostatic
testing for inert gas cylinders are approximately $25,632. We calculate
this by assuming that, in any given year, 8.3 percent (or 1 divided by
12 to represent the testing interval of 1 test every 12 years) of the
169 inert gas cylinders require testing. We then multiply the result
(169 x 0.083) by the cost per test ($1,820) (see table 12). As a
result, vessel owners and operators will save $51,260 ($307,580--
$256,320) in testing costs over a 10-year period (see table 13).
Table 12--Cost Change for Inert Gas Cylinders
----------------------------------------------------------------------------------------------------------------
Inert gas
Period population for Cost per test Total cost
each period
(A) (B) (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
1......................................................... 169 x (0.083) $1,820 $25,632
2......................................................... 169 x (0.083) 1,820 25,632
3......................................................... 169 x (0.083) 1,820 25,632
4......................................................... 169 x (0.083) 1,820 25,632
5......................................................... 169 x (0.083) 1,820 25,632
6......................................................... 169 x (0.083) 1,820 25,632
7......................................................... 169 x (0.083) 1,820 25,632
8......................................................... 169 x (0.083) 1,820 25,632
9......................................................... 169 x (0.083) 1,820 25,632
10........................................................ 169 x (0.083) 1,820 25,632
-----------------------------------------------------
Total................................................. .............. .............. 256,320
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
Table 13--Net Cost Savings for Inert Gas Cylinders
----------------------------------------------------------------------------------------------------------------
Baseline cost
Period * Cost ** Total cost saving
(A) (B) (C) = (A)-(B)
----------------------------------------------------------------------------------------------------------------
1......................................................... $30,758 $25,632 $5,126
2......................................................... 30,758 25,632 5,126
3......................................................... 30,758 25,632 5,126
4......................................................... 30,758 25,632 5,126
[[Page 76689]]
5......................................................... 30,758 25,632 5,126
6......................................................... 30,758 25,632 5,126
7......................................................... 30,758 25,632 5,126
8......................................................... 30,758 25,632 5,126
9......................................................... 30,758 25,632 5,126
10........................................................ 30,758 25,632 5,126
-----------------------------------------------------
Total................................................. 307,580 256,320 51,260
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 6.
** Table 12.
End-for-Ending Launching Appliance Falls
The Coast Guard is revising the ``end-for-ending'' requirement for
lifeboat launching appliance falls to align with SOLAS, which allows
for a fall replacement interval of 5 years without turning the wires
end-for-end. Current regulations require that falls must be replaced in
5-year intervals if they are serviced in accordance with IMO Circular
MSC.1/Circ.1206 (Rev.1) and MSC.402(96).
The cost savings are from eliminating the requirement to turn the
ropes end-for-end every 2.5 years over a 10-year period of analysis. As
shown in table 8, the annual cost to turn falls end-for-end 2.5 years
after installation for 884 lifeboat wire falls is about $353,600 (884 x
0.20 x $2,000). This results in cost savings for vessel owners and
operators of about $3,536,000 ($353,600 x 10-year period) for the 442
U.S.-flagged vessels that have lifeboats on board. See table 14.
Table 14--Net Cost Savings for Lifeboat Wire Falls
----------------------------------------------------------------------------------------------------------------
Baseline cost
Period * Cost Total cost saving
(A) (B) (C) = (A)-(B)
----------------------------------------------------------------------------------------------------------------
1......................................................... $353,600 $0 $353,600
2......................................................... 353,600 0 353,600
3......................................................... 353,600 0 353,600
4......................................................... 353,600 0 353,600
5......................................................... 353,600 0 353,600
6......................................................... 353,600 0 353,600
7......................................................... 353,600 0 353,600
8......................................................... 353,600 0 353,600
9......................................................... 353,600 0 353,600
10........................................................ 353,600 0 353,600
-----------------------------------------------------
Total................................................. 3,536,000 0 3,536,000
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 8.
Table 15 shows the total cost savings for owners and operators of
U.S.-flagged vessels to be about $3.6 million, undiscounted, over a 10-
year period of analysis. We estimate the total present value or
discounted cost savings of this final rule over a 10-year period of
analysis to be between $2.5 and $3 million, at 7- and 3-percent
discount rates, respectively. We estimate the annualized cost savings
to be about $360,574 at each discount rate.
Table 15--Summary of Cost Savings of the Final Rule
[10-Year period of analysis, 7- and 3-percent discount rates]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inert gas Lifeboat wire Undiscounted
Period Foam testing * testing ** falls *** cost savings 7% Discount 3% Discount
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................................... $1,848 $5,126 $353,600 $360,574 $336,985 $350,072
2....................................................... 1,848 5,126 353,600 360,574 314,939 339,876
3....................................................... 1,848 5,126 353,600 360,574 294,336 329,976
4....................................................... 1,848 5,126 353,600 360,574 275,080 320,365
5....................................................... 1,848 5,126 353,600 360,574 257,084 311,034
6....................................................... 1,848 5,126 353,600 360,574 240,266 301,975
7....................................................... 1,848 5,126 353,600 360,574 224,547 293,180
8....................................................... 1,848 5,126 353,600 360,574 209,857 284,640
9....................................................... 1,848 5,126 353,600 360,574 196,128 276,350
10...................................................... 1,848 5,126 353,600 360,574 183,298 268,301
-----------------------------------------------------------------------------------------------
[[Page 76690]]
Total............................................... 18,480 51,260 3,536,000 3,605,740 2,532,521 3,075,769
Annualized.......................................... .............. .............. .............. .............. 360,574 360,574
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 11.
** Table 13.
*** Table 14.
Electronic Submission
Current regulations require manufacturers that produce marine
safety equipment needing approval to mail their paper application and
supporting documentation in triplicate. The requirement for submitting
paper plans in triplicate allows the office reviewing them to mark the
approved plans and return one copy to the submitter, retain one copy in
their files, and to forward the third copy to the cognizant OCMI.
However, current industry practice is for manufacturers to submit their
applications electronically, get them stamped electronically, and then
distributed as described above. With this final rule, the Coast Guard
is providing, in regulations, an option for submitting plans
electronically. There are several sections in the CFR where we are
removing the ``in triplicate'' requirement for submissions for
equipment approval if the manufacturer wishes to submit plans
electronically (see the table 3 for the affected CFR sections).
According to data from the Coast Guard's Work Management System, 99.2
percent of all submissions related to applications for equipment
approval were submitted electronically over the last 5 years.
Consequently, this final rule adds an option for manufacturers to
submit their applications and type approval materials electronically,
to codify the current industry practice. There is no change in the
hourly burden estimate and no impact to the information collection
request.
Benefits
This final rule generates qualitative benefits. It reduces
confusion and provides flexibility to industry by allowing third-party
testing for certain safety equipment required on board vessels and
offshore units or facilities. It also provides regulatory clarity by
removing obsolete regulations, such as the MSHA approval for SCBAs for
firefighters, and through updating standards to align with SOLAS.
Alternatives
The Coast Guard considered three alternatives to the final rule, as
follows.
Alternative 1: No-Action Alternative
Under this alternative, the Coast Guard would have retained the
status quo and not incorporate by reference industry standards into the
CFR. This alternative would not have aligned conflicting sections of
the CFR with SOLAS and related regulations. Furthermore, it would not
have reduced the burden to industry, and would not have allowed the
Coast Guard to perform retrospective review and updates to the
regulations. We rejected this alternative because it would not generate
cost savings for the marine industry, nor update standards in 33 CFR
chapter I or 46 CFR chapter I.
Alternative 2: Policy Over Regulation
Under this alternative, the Coast Guard would have issued a NVIC or
policy letter instead of proposing changes through an NPRM. As
voluntary documents, neither NVICs nor policy letters are legally
enforceable by the agency. A NVIC or a policy letter would not have
updated the CFR, and the process of obtaining an equivalency test would
still be needed. The Coast Guard rejected this alternative because
industry would not benefit from current standards, and the public would
not be given the opportunity to comment on current industry practice
and standards.
Alternative 3: Preferred Alternative
With this alternative, the Coast Guard revises the regulations in
33 CFR chapter I and 46 CFR chapter I. This is the preferred
alternative because it updates current standards and aligns conflicting
sections of the CFR with SOLAS and related regulations, eliminates
outdated standards, and reduces inspection and testing requirements.
This alternative also allows the Coast Guard to perform retrospective
reviews and updates to the regulations.
This alternative also reduces the workload for vessel owners and
operators by extending testing or maintenance intervals and expanding
the range of allowable testers for three items: inert gas bottles, foam
fire-extinguishing systems, and lifeboat launching appliances falls
(wire ropes). In turn, this alternative generates cost savings for
vessel owners and operators and manufacturers of marine equipment. We
presented the cost saving impacts of this alternative earlier in this
analysis.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
We expect this final rule to generate cost savings for vessel
owners and operators who own vessels that carry lifeboats, bottles of
inert gas, and foam fire-extinguishing systems. The cost savings are
the result of reducing the maintenance intervals for hydrostatic
testing for inert gas bottles and testing and maintaining lifeboat
falls (wire ropes). The cost savings for vessel owners and operators
who own vessels that carry foam fire-extinguishing systems are from
allowing a third party to test the firefighting foam concentrates.
Using the Coast Guard's MISLE database, we found this final rule
affects 390 companies that own 531 distinct vessels. Of the 390
companies, 235 companies did not have company names in our MISLE
database; therefore, we assumed these 235 companies to be small
entities. We found that the remaining 155 companies own 296 vessels.
Based on publicly available information from the online database
``ReferenceUSAgov'' and other online searches of companies,\11\ we
found
[[Page 76691]]
revenue or employee information on 74 of the 155 companies. Using the
Small Business Administration's ``Table of Size Standards'' and the
North American Industry Classification System codes listed in the
table, we identified 51 of the 74 companies to be small entities. We
determined the other 23 companies were not small entities.\12\ We did
not find information on the remaining 81 companies; therefore, we
assumed these companies were small entities.
---------------------------------------------------------------------------
\11\ In addition to individual online searches of companies, the
Coast Guard reviewed https://www.manta.com/mb to find revenue or
employee information for the 74 companies; accessed January 29,
2024.
\12\ https://www.sba.gov/document/support--table-size-standards;
effective December 19, 2022, accessed January 29, 2024.
---------------------------------------------------------------------------
Overall, we assume there are a total of 132 small entities (51 +
81) out of 155 companies that were named in the MISLE database, or
approximately 85 percent. If we add the number of small entities that
we could confirm are small entities based on revenue or employee
information (51) to the number of companies without company information
(235 + 81), we assume the total number of small entities to be 367 out
of the 390 companies affected by this final rule.
For cost savings purposes, we differentiated the vessels that have
different combinations of the equipment on board. MISLE's database
offers data on company names, vessels, and equipment types. From
MISLE's data and our small entity analysis, we found that there are six
different combinations of equipment that affect the savings for each
vessel (see table 16). As a result, the affected small entities overlap
and are not exclusive throughout this analysis.
Based on MISLE's data and our small entity analysis discussed
earlier, we determined that there are 367 small entities. Out of the
367 small entities, we found that 68 small entities own vessels that
carry only foam fire-extinguishing systems. As described in the RA
earlier, the cost savings for foam fire-extinguishing systems is about
$35 for each vessel, and the foam fire-extinguishing systems will be
tested 4 times during the analysis period. These small entities will
save about $952 annually per vessel (68 small entities x $35 savings
per vessel x 0.4 systems tested per year), or about $14 per entity
($952 / 68 small entities).
Using MISLE's data and the small entity analysis, we identified 251
small entities that own vessels carrying lifeboats that have fall wire
ropes. Each of these small entities will save about $800 annually per
vessel it owns (0.2 turns per year x $2,000 cost per turn x 2 lifeboats
per vessel).
Based on MISLE's database, we found that only 8 small entities own
vessels carrying only inert gas bottles; there are 58 inert gas bottles
on these vessels.\13\ As presented in the RA earlier, the annual cost
savings on inert gas tests is $30 [($1,820 (cost savings per inert gas
test) / 10 years--$1,820 (cost savings per inert gas test) / 12 years)
= $30], and the cost savings for the 8 entities is $1,740 [58 (number
of inert gas bottles) x $30 (annual cost savings per inert gas
bottle)]. These 8 small entities will save, on average, about $218
($1,740 / 8) annually per entity per vessel.
---------------------------------------------------------------------------
\13\ Please note that the number of inert gas bottles carried on
board vessels varies from one vessel to another depending on the
size of the space protected by the fire suppression system.
---------------------------------------------------------------------------
Using MISLE's data and the small entity analysis, we identified 36
small entities that own vessels carrying foam fire-extinguishing
systems and lifeboats. As presented in the previous paragraphs, the
annual cost savings per entity for the foam fire-extinguishing systems
is $14, and the annual cost saving per entity for fall wire ropes is
$800. Therefore, these 36 small entities will save about $814 ($14 +
$800) annually per entity per vessel.
Using MISLE's data and the small entity analysis described earlier,
we identified two small entities that own vessels carrying inert gas
bottles and lifeboats that have fall wire ropes that need to be turned
periodically. As presented in the previous paragraphs, the annual cost
savings for these 2 entities that own vessels carrying inert gas
bottles is $180 [6 (number of inert gas bottles carried on board
vessels for both entities) x $30 (annual cost savings per inert gas
bottle) = $180] and the annual cost savings for these 2 entities on
fall wire ropes is $1,600 [2 (number of entities) x $800 (cost saving
per entity for fall wire ropes) = $1,600]. Therefore, the annual cost
savings for these 2 entities is $1,780 ($180 + $1,600) and these 2
small entities will each save, on average, about $890 ($1,780 / 2).
Lastly, based on MISLE's data and the small entity analysis we
presented previously in the NPRM, we identified two small entities that
carry all three items. The annual cost savings for these 2 entities
that own vessels carrying inert gas bottles is $3,000 [100 (number of
inert gas bottles carried on board vessels for both entities) x $30
(annual cost savings per inert gas bottle) = $3,000]; the annual cost
savings for these 2 entities for fall wire ropes is $1,600 [2 (number
of entities) x $800 (cost saving per fall wire ropes) = $1,600]; and
the annual cost savings for these 2 entities for foam fire-
extinguishing systems is $28 [2 (number of entities) x $14 (cost
savings per foam fire-extinguishing systems) = $28]. Therefore, the
annual cost savings for these 2 entities is $4,628 ($3,000 + $1,600 +
$28), and we estimate these 2 small entities will save, on average,
about $2,314 ($4,628 / 2 entities) annually per entity per vessel.
Table 16 shows the cost savings for small entities with each of the
six different combinations of equipment described in the previous
paragraphs.
Table 16--Summary of the Annual Cost Savings per Entity per Vessel of the Final Rule
----------------------------------------------------------------------------------------------------------------
Cost saving
Item Number of per entity per Cost saving per
small entities vessel vessel
(A) (B) (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
Foam Testing................................................... 68 $14 $952
Lifeboat Wire Falls............................................ 251 800 200,800
Inert Gas Testing.............................................. 8 218 1,744
Foam Testing and Lifeboat Wire Falls........................... 36 814 29,304
Lifeboat Wire Falls and Inert Gas Testing...................... 2 890 1,780
Foam Testing, Lifeboat Wire Falls, and Inert Gas Testing....... 2 2,314 4,628
------------------------------------------------
Total...................................................... 367 .............. 239,208
----------------------------------------------------------------------------------------------------------------
[[Page 76692]]
From these 6 different combinations, the range of the annual cost
savings that we estimate for small entities per vessel in this analysis
is between $14 and $2,314, and the total annual cost savings for the
small entities is about $239,208. Table 17 shows the cost savings per
revenue for the small entities for which we had revenue information.
Table 17--Distribution of Revenue Impacts
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of revenue impact Average annual impact per vessel Small entities
with known
revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
<1%............................. Foam Testing....... Lifeboat Wire Falls Inert Gas Testing.. Foam Testing and Lifeboat Wire 51
Lifeboat Wire Falls and Inert
Falls. Gas Testing.
Cost Savings per Vessel......... $14................ $800............... $218............... $814............... $890.............. ..............
Cost Savings per Small Entity... $28................ $1,600............. $436............... $1,628............. $1,780............ ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Using MISLE's data, we found that 51 small entities, where we found
revenue and employee information, own 92 vessels. Therefore, each small
entity owns, on average, two vessels. Multiplying the cost savings per
entity per vessel (see table 17) by the number of vessels owned by each
entity or 2, yields the following cost savings per entity: $28 for foam
testing ($14 x 2 vessels per entity = $28); $1,600 for lifeboat wire
falls ($800 x 2 vessels per entity = $1,600); $436 for inert gas
testing ($218 x 2 vessels per entity = $436); $1,628 for foam testing
and lifeboats wire falls ($814 x 2 vessels per entity = $1,628); and
$1,780 for lifeboat wire falls and inert gas testing ($890 x 2 vessels
per entity = $1,780). For each of the 51 small entities with known
revenue, the average annual cost savings per equipment type per small
entity is less than 1 percent of annual revenue. Based on this
analysis, we found that 100 percent of the small entities with known
revenues impacted by this final rule (all 51 entities) will have a cost
savings that is less than 1 percent of their annual revenue. The Coast
Guard's economic analysis concluded that these changes generate cost
savings and do not impose a significant impact on any entities affected
by this final rule.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this final rule will not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this final rule has a significant economic impact on it,
please submit a comment to the docket at the address listed in the
ADDRESSES section of this preamble. In your comment, explain why you
think it qualifies and how and to what degree this final rule will
economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This final rule calls for no new or revised collection of
information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis follows.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all the categories covered in 46 U.S.C. 3306, 3703 (involving
design, construction, alteration, repair, maintenance, operation,
equipping, personnel qualification, and manning of vessels) and any
other category in which Congress intended the Coast Guard to be the
sole source of a vessel's obligations, are within the field foreclosed
from regulation by the States. See United States v. Locke, 529 U.S. 89
(2000) (finding that the states are foreclosed from regulating tank
vessels); see also Ray v. Atlantic Richfield Co., 435 U.S. 151, 157
(1978) (State regulation is preempted where ``the scheme of federal
regulation may be so pervasive as to make reasonable the inference that
Congress left no room for the States to supplement it [or where] the
Act of Congress may touch a field in which the federal interest is so
dominant that the federal system will be assumed to preclude
enforcement of state laws on the same subject'' (citations omitted)).
Because this final rule involves approving, carrying, and maintaining
certain safety equipment required on board vessels and offshore units
or facilities, it is part of a pervasive scheme of Federal regulation
that forecloses regulation by the States. Because the States may not
regulate within this field, this final rule is consistent with the
principles of federalism and preemption requirements in Executive Order
13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking
[[Page 76693]]
process. If you believe this final rule has implications for federalism
under Executive Order 13132, please contact the person listed in the
FOR FURTHER INFORMATION section of this preamble.
F. Unfunded Mandates
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538,
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This final rule will not cause a taking of private property or
otherwise have taking implications under Executive Order 12630
(Governmental Actions and Interference with Constitutionally Protected
Property Rights).
H. Civil Justice Reform
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988 (Civil Justice Reform) to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this final rule under Executive Order 13045
(Protection of Children from Environmental Health Risks and Safety
Risks). This rule is not an economically significant rule and will not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This final rule does not have Tribal implications under Executive
Order 13175 (Consultation and Coordination with Indian Tribal
Governments), because it will not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
K. Energy Effects
We have analyzed this final rule under Executive Order 13211
(Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (for example,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This final rule uses the following technical and voluntary
consensus standards: ASTM D975-14, IMO MSC/Circular 1006, and ISO
15364. The sections that reference these standards and the locations
where these standards are available are listed in 46 CFR 39.1005,
160.135-5, 160.156-5, 160.171-3, 160.174-3, and 162.017-1.
These standards provide internationally accepted and recognized
parameters that equipment and material must meet to ensure its safety,
proper usage, and preservation on the seas. The standards that will be
incorporated were developed by either the ASTM, IMO, or ISO, which are
voluntary consensus standard-setting organizations.
One ASTM standard will be incorporated by reference in this
rulemaking: ASTM D975-14, ``Standard Specification for Diesel Fuel
Oils'' (July 30, 2014). This ASTM specification classifies grades of
diesel fuel oils suitable for various types of diesel engines. As
incorporated, it defines the grade of fuel necessary to perform a test
for oil resistance.
One IMO standard will be incorporated by reference in this
rulemaking:
IMO MSC/Circular 1006 ``Guidelines on Fire Test Procedures for
Acceptance of Fire-Retardant Materials for the Construction of
Lifeboats'' (adopted on June 8, 2001). This test procedure is used for
the acceptance of fire-retardant and flame-resistant materials used for
the construction of lifeboats, which are required to be fire-retardant
by the International Life-saving Code.
One ISO standard will be incorporated by reference in this
rulemaking:
ISO 15364:2021(E) (February 2021)--``Ships and marine technology--
Pressure-vacuum valves for cargo tanks and devices to prevent the
passage of flame into cargo tanks.'' This international standard
specifies the minimum requirements for performance and testing of
pressure-vacuum relief valves, with emphasis on selection of materials,
internal finish, and surface requirements for pressure-vacuum relief
valves installed on cargo tanks in tankers.
Consistent with incorporation by reference provisions in 1 CFR part
51, this material is reasonably available. Interested persons have
access to it through their normal course of business; can purchase it
from the organizations identified in 46 CFR 39.1005, 160.135-5,
160.156-5, 160.171-3, and 160.174-3; or may view a copy using the
methods identified in those sections.
If you disagree with our analysis of these voluntary consensus
standards or are aware of voluntary consensus standards that might
apply but are not listed, please send a comment explaining your
disagreement or identifying additional standards to the docket using
one of the methods under ADDRESSES.
M. Environment
We have analyzed this final rule under DHS Management Directive
023-01, Rev. 1, associated implementing instructions, and Environmental
Planning COMDTINST 5090.1 (series), which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4370f), and have made a determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. This final rule is categorically excluded under
paragraphs L52, L54, and L57 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. Paragraph L52 pertains to regulations
concerning vessel safety standards; Paragraph L54 pertains to
regulations which are editorial and procedural; and Paragraph L57
pertains to regulations concerning manning, documentation,
admeasurement, inspection, and equipping of vessels.
This final rule revises regulations associated with the approval,
carriage, and maintenance of certain safety equipment required on board
vessels
[[Page 76694]]
and offshore units or facilities. Some of these revisions are editorial
or procedural actions that eliminate outdated requirements, reduce
inspection and testing requirements, update standards incorporated by
reference, remove obsolete sections, and align conflicting sections
with codes associated with SOLAS. This final rule supports the Maritime
Safety mission of the Coast Guard.
List of Subjects
33 CFR Part 149
Fire prevention, Harbors, Marine safety, Navigation (water),
Occupational safety and health.
46 CFR Part 2
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 32
Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 34
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 35
Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 39
Cargo vessels, Fire prevention, Hazardous materials transportation,
Incorporation by reference, Marine safety, Occupational safety and
health, Reporting and recordkeeping requirements.
46 CFR Part 56
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 76
Fire prevention, Marine safety, Passenger vessels.
46 CFR Part 77
Marine safety, Navigation (water), Passenger vessels.
46 CFR Part 95
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 96
Cargo vessels, Marine safety, Navigation (water).
46 CFR Part 105
Cargo vessels, Fishing vessels, Hazardous materials transportation,
Marine safety, Petroleum, Seamen.
46 CFR Part 107
Marine safety, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 108
Fire prevention, Marine safety, Occupational safety and health, Oil
and gas exploration, Vessels.
46 CFR Part 109
Marine safety, Occupational safety and health, Oil and gas
exploration, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 115
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 116
Fire prevention, Incorporation by reference, Marine safety,
Passenger vessels, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 118
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 132
Cargo vessels, Fire prevention, Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 147
Hazardous materials transportation, Incorporation by reference,
Labeling, Marine safety, Packaging and containers, Reporting and
recordkeeping requirements.
46 CFR Part 159
Business and industry, Laboratories, Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 160
Incorporation by reference, Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 161
Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements.
46 CFR Part 162
Fire prevention, Incorporation by reference, Marine safety, Oil
pollution, Reporting and recordkeeping requirements.
46 CFR Part 163
Marine safety.
46 CFR Part 164
Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements.
46 CFR Part 167
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.
46 CFR Part 169
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Vessels.
46 CFR Part 181
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 195
Marine safety, Navigation (water), Oceanographic research vessels.
46 CFR Part 199
Cargo vessels, Marine safety, Oil and gas exploration, Passenger
vessels, Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 149 and 46 CFR parts 2, 31, 32, 34, 35, 39, 56, 76, 77, 95,
96, 105, 107, 108, 109, 115, 116, 118, 132, 147, 159, 160, 161, 162,
163, 164, 167, 169, 181, 195, and 199 as follows:
Title 33--Navigation and Navigable Waters
PART 149--DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT
0
1. The authority citation for part 149 is revised to read as follows:
Authority: 33 U.S.C. 1504, 1509; DHS Delegation No. 00170.1,
Revision No. 01.4.
0
2. Amend Sec. 149.410 by revising the section heading and the
introductory text to read as follows:
Sec. 149.410 Location and number of fire extinguishers required for
manned deepwater ports constructed before August 22, 2016.
Manned deepwater ports constructed before August 22, 2016, must
meet the following requirements:
* * * * *
Title 46--Shipping
PART 2--VESSEL INSPECTIONS
0
3. The authority citation for part 2 is revised to read as follows:
[[Page 76695]]
Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103,
2110, 3306, 3316, 3703, 70034; DHS Delegation No. 00170.1, Revision
No. 01.4; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec.
1-105.
0
4. Amend Sec. 2.75-10 by revising paragraph (b) and adding paragraph
(c) to read as follows:
Sec. 2.75-10 Procedures for obtaining approvals.
* * * * *
(b) Unless otherwise specified, correspondence concerning approvals
should be submitted electronically to [email protected]. When
plans, drawings, test data, etc., are required to be submitted by the
manufacturer, the material being transmitted with the application
should be clearly identified.
(c) If the manufacturer requests that hard copy stamped plans be
returned to them, or if product samples must be submitted, the plans or
samples must be addressed to the Commandant (CG-ENG), Attn: Office of
Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. When
submitted, hard copy plans must be accompanied by electronic drawings
or must be submitted in triplicate.
PART 31--INSPECTION AND CERTIFICATION
0
5. The authority citation for part 31 is revised to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307,
3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351;
DHS Delegation No. 00170.1, Revision No. 01.4. Section 31.10-21 also
issued under the authority of Sect. 4109, Pub. L. 101-380, 104 Stat.
515.
0
6. Amend Sec. 31.10-18 by revising paragraph (c) to read as follows:
Sec. 31.10-18 Firefighting equipment: General--TB/ALL.
* * * * *
(c) Deck foam systems must be tested at the inspection for
certification and the periodic inspection by discharging foam for
approximately 15 seconds from any nozzle designated by the marine
inspector. It is not required to deliver foam from all foam outlets,
but all lines and nozzles must be tested with water to prove they are
clear of obstruction. Before the inspection for certification and
periodic inspection of deck foam systems utilizing a mechanical foam
system, a representative sample of the foam concentrate must be
submitted to the manufacturer, or its authorized representative, or an
independent laboratory accepted for this purpose by the Coast Guard,
who will issue a certificate indicating gravity, pH, percentage of
water dilution, and solid content.
* * * * *
PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS
0
7. The authority citation for part 32 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation No. 00170.1,
Revision No. 01.4; Subpart 32.59 also issued under the authority of
Sec. 4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 32.90-1 [Amended]
0
8. Amend Sec. 32.90-1 by removing paragraph (h).
PART 34--FIREFIGHTING EQUIPMENT
0
9. The authority citation for part 34 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; DHS Delegation No. 00170.1, Revision No.
01.4.
0
10. Amend Sec. 34.10-90 by revising paragraph (a)(3) to read as
follows:
Sec. 34.10-90 Installations contracted for prior to May 26, 1965--T/
ALL.
(a) * * *
(3) Tankships of less than 500 gross tons shall be equipped with an
efficient hand pump capable of delivering 50 gallons per minute or a
power-driven pump of equivalent capacity. However, on tankships of 20
gross tons or under, where it is impracticable to install a hand or
power-operated fire pump, or on tankships with only one man in the
crew, at least one additional 40-B fire extinguisher may be accepted in
lieu of a fire pump.
* * * * *
0
11. Amend Sec. 34.50-10:
0
a. In paragraph (a), by removing the text ``table 34.50-10(a) of this
section'', wherever it appears, and adding in its place the text
``table 1 to Sec. 34.50-10(a)'';
0
b. In paragraph (h), by removing the text ``Table 34.50-10(a) of this
section'' and adding in its place the text ``Table 1 to Sec. 34.50--
10(a)''; and
0
c. In the table following paragraph (h) by:
0
i. Redesignating the table as table 1 to Sec. 34.50-10(a); and
0
ii. Revising and republishing table 1 to Sec. 34.50-10(a).
The revision reads as follows:
Sec. 34.50-10 Location, number, and installation of fire
extinguishers--TB/ALL.
* * * * *
(a) * * *
Table 1 to Sec. 34.50-10(a)--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
Tank ships Tank barges
----------------------------------------------------- ----------------------------------------
Minimum required Area Minimum required Quantity and
Quantity and location rating rating location
----------------------------------------------------------------------------------------------------------------
Safety Areas
----------------------------------------------------------------------------------------------------------------
1 required.................... 20-B:C.............. Wheelhouse and .................... None required.
chartroom areas.
1 required in the vicinity of 20-B:C \1\.......... Radio room....... .................... None required.
the exit.
----------------------------------------------------------------------------------------------------------------
Accommodation Areas
----------------------------------------------------------------------------------------------------------------
1 required in each main 2-A................. Staterooms, 2-A................. 1 required in the
passageway on each deck, toilet spaces, vicinity of the
conveniently located, and so public spaces, exit.
that no room is more than 75 offices, etc.,
ft from an extinguisher. and associated
lockers,
storerooms, and
pantries.
----------------------------------------------------------------------------------------------------------------
[[Page 76696]]
Service Areas
----------------------------------------------------------------------------------------------------------------
1 required for each 2,500 sq 40-B:C.............. Galleys.......... 40-B:C.............. 1 required,
ft or fraction thereof. suitable for the
hazard involved.
1 required for each 2,500 sq 40-B................ Stores areas, .................... None required.
ft or fraction thereof. including paint
and lamp rooms.
----------------------------------------------------------------------------------------------------------------
Machinery Area \2\
----------------------------------------------------------------------------------------------------------------
2 required \3\................ 40-B................ Spaces containing 40-B................ 1 required.\12\
oil fired
boilers, either
main or
auxiliary, or
any fuel oil
units subject to
the discharge
pressure of the
fuel oil service
pump.
and.................
1 required.................... 160-B \4\...........
1 required for each 1,000 40-B................ Spaces containing .................... None required.
brake horsepower; not less internal
than 2, not more than 6 \5\. combustion or
gas turbine
propulsion
machinery.
and.................
1 required \6\ \7\............ 120-B...............
1 required in the vicinity of 40-B................ Auxiliary spaces 40-B................ 1 required in the
the exit \7\. containing vicinity of the
internal exit.\7\ \9\
combustion or \12\
gas turbine
units.
1 required in the vicinity of 40-B:C.............. Auxiliary spaces .................... None required.
the exit \8\. containing
emergency
generators.
----------------------------------------------------------------------------------------------------------------
Cargo Areas
----------------------------------------------------------------------------------------------------------------
1 required in the lower 40-B................ Pumprooms........ 40-B................ 1 required in the
pumproom. vicinity of the
exit.\9\ \12\
None required................. .................... Cargo tank area.. 40-B................ 2 required.\10\
\12\ \13\
160-B............... 1 required.\9\
\11\
----------------------------------------------------------------------------------------------------------------
Spare Units
----------------------------------------------------------------------------------------------------------------
10 percent of required units 2-A................. ................. 2-A................. 10 percent of
rounded up. required units
rounded up.
10 percent of required units 40-B:C.............. ................. 40-B:C.............. 10 percent of
rounded up. required units
rounded up.
----------------------------------------------------------------------------------------------------------------
\1\ Vessels not on an international voyage may substitute two 5-B:C rated extinguishers.
\2\ A 40-B:C must be immediately available to the service generator and main switchboard areas, and further, a
40-B:C must be conveniently located not more than 50 feet (15.25 meters) walking distance from any point in
all main machinery operating spaces. These extinguishers need not be in addition to other required
extinguishers.
\3\ Vessels of fewer than 1,000 GT require 1.
\4\ Vessels of fewer than 1,000 GT may substitute 1 120-B:C.
\5\ Only 1 required for vessels under 65 ft in length.
\6\ If an oil-burning donkey boiler is fitted in the space, the 160-B:C previously required for the protection
of the boiler may be substituted. Not required where a fixed carbon dioxide system is installed.
\7\ Not required on vessels of fewer than 300 GT if the fuel has a flashpoint higher than 110 [deg]F.
\8\ Not required on vessels of fewer than 300 GT.
\9\ Not required if fixed system installed.
\10\ If no cargo pump on barge, only one 40-B:C required.
\11\ Manned barges of 100 GT and over only.
\12\ Not required on unmanned barges except during the transfer of cargo, or operation of barge machinery or
boilers when the barge is not underway.
\13\ An extinguisher brought on to unmanned barges during the transfer of cargo, or operation of barge machinery
or boilers does not have to be Coast Guard approved, provided it is approved by a nationally recognized
testing laboratory (NRTL) in accordance with 29 CFR 1910.7.
* * * * *
PART 35--OPERATIONS
0
12. The authority citation for part 35 is revised to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101,
70011, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation
No. 00170.1, Revision No. 01.4.
Sec. 35.30-20 [Amended]
0
13. Amend Sec. 35.30-20 by removing the text ``the Mine Safety and
Health Administration (MSHA) and by'' in paragraph (c)(1).
PART 39--VAPOR CONTROL SYSTEMS
0
14. The authority citation for part 39 is revised to read as follows:
Authority: 42 U.S.C. 7511b(f)(2); 46 U.S.C. 3306, 3703,
3715(b), 70011, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp.,
p. 277; DHS Delegation No. 00170.1, Revision No. 01.4.
[[Page 76697]]
0
15. Amend Sec. 39.1005 by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraphs (g) through (i) as paragraphs (h) through
(j); and
0
c. Adding new paragraph (g).
The revision and addition read as follows:
Sec. 39.1005 Incorporation by reference--TB/ALL.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
and at the National Archives and Records Administration (NARA). Contact
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
(g) International Organization for Standardization (ISO), ISO
Central Secretariat Chemin de Blandonnet 8. CP 401--1214 Vernier,
Geneva, Switzerland phone 41 22 749 01 11; www.iso.org/contact-iso.html.
(1) ISO 15364:2021(E), Ships and Marine Technology--Pressure-vacuum
valves for cargo tanks and devices to prevent the passage of flame into
cargo tanks, Fourth Edition, February 2021 (``ISO 15364''); IBR
approved for Sec. 39.2011(b).
(2) [Reserved]
* * * * *
0
16. Amend Sec. 39.2011 by revising paragraph (b)(1) to read as
follows:
Sec. 39.2011 Vapor overpressure and vacuum protection--TB/ALL.
* * * * *
(b) * * *
(1) Be type approved under 46 CFR 162.017 for the pressure and
vacuum relief setting desired. Pressure-vacuum relief valves that meet
the requirements of ISO 15364 (incorporated by reference, see Sec.
39.1005) or equivalent standards acceptable to the flag state are
acceptable for installation on foreign-flagged vessels and do not
require type approval;
* * * * *
PART 56--PIPING SYSTEMS AND APPURTENANCES
0
17. The authority citation for part 56 is revised to read as follows:
Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C.
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation No.
00170.1, Revision No. 01.4.
0
18. Amend Sec. 56.60-25 by revising paragraph (a)(4) to read as
follows:
Sec. 56.60-25 Nonmetallic materials.
(a) * * *
(4) Plastic pipe fitting and bonding techniques must follow the
manufacturer's installation guidelines. Bonders must hold
certifications required by the manufacturer's guidelines and provide
documentation of current certification to the Marine Inspector when
requested.
* * * * *
PART 76--FIRE PROTECTION EQUIPMENT
0
19. The authority citation for part 76 is revised to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.4.
0
20. Amend Sec. 76.50-10 by revising and republishing paragraphs (a)
and (b) to read as follows:
Sec. 76.50-10 Location.
(a) Approved portable and semi-portable extinguishers must be
installed in accordance with table 1 to 76.50-10(b). The location of
the equipment must be to the satisfaction of the Officer in Charge,
Marine Inspection. Nothing in this paragraph should be construed as
limiting the Officer in Charge, Marine Inspection, from requiring such
additional equipment as he or she deems necessary for the proper
protection of the vessel.
(b) Table 1 to 76.50-10(b) indicates the minimum required number
and type of extinguisher for each space listed. Extinguishers with
larger numerical ratings or multiple letter designations may be used if
the extinguishers meet the requirements of the table.
Table 1 to 76.50-10(b)--Carriage of Portable and Semi-Portable Fire
Extinguishers
------------------------------------------------------------------------
Fire extinguishing
-------------------------------------------
Space Minimum required Quantity and
rating location
------------------------------------------------------------------------
Safety Area \1\
------------------------------------------------------------------------
Wheelhouse or fire control 2-A, 20-B:C......... 1 of each rating
room. required for
vessels over 1,000
GT. Only 1
extinguisher is
required if it
carries both 2-A
and 20-B:C ratings.
Stairway and elevator .................... None required.
enclosures.
Communicating corridors..... 2-A................. 1 in each main
corridor in each
main vertical zone.
(May be located in
stairway
enclosures.)
Lifeboat embarkation and .................... None required.
lowering stations.
Radio room.................. 20-B:C \3\.......... 2 in the vicinity of
the exit.\2\
------------------------------------------------------------------------
Accommodations \1\
------------------------------------------------------------------------
Staterooms, toilet spaces, .................... None required.
isolated pantries, etc.
Offices, lockers, and .................... None required.
isolated storerooms.
Public spaces............... 2-A................. 1 for each 2,500 sq
ft or fraction
thereof located in
vicinity of the
exits, except that
none are required
for spaces under
500 sq ft.
Open decks or enclosed .................... None required.
promenades.
------------------------------------------------------------------------
[[Page 76698]]
Service Spaces
------------------------------------------------------------------------
Galleys..................... 40-B:C.............. 1 for each 2,500 sq
ft or fraction
thereof suitable
for hazards
involved.
Main pantries............... 2-A................. 1 for each 2,500 sq
ft or fraction
thereof located in
the vicinity of the
exits.
Motion picture booths and 10-B:C \3\.......... 1 outside in the
film lockers. vicinity of the
exit.
Paint and lamp rooms........ 40-B................ 1 outside space in
the vicinity of the
exit.
Inaccessible baggage, mail, .................... None required.
and specie rooms, and
storerooms.
Accessible baggage, mail, 2-A................. 1 for each 2,500 sq
and specie rooms, and ft or fraction
storerooms. thereof located in
the vicinity of the
exits, either
inside or outside
the spaces.
Refrigerated storerooms..... 2-A................. 1 for each 2,500 sq
ft or fraction
thereof located in
the vicinity of the
exits, outside the
spaces.
Carpenter, valet, 2-A................. 1 outside the space
photographic, printing in the vicinity of
shops sales rooms, etc.. the exit.
------------------------------------------------------------------------
Machinery Spaces
------------------------------------------------------------------------
Coal-fired boilers: Bunker .................... None required.
and boiler space.
Oil-fired boilers: Spaces, 40-B................ 2 required.\3\
containing oil fired 160-B............... 1 required.\4\
boilers, either main or
auxiliary, or their fuel
oil units.
Internal combustion or gas 40-B................ 1 for each 1,000
turbine propelling brake horsepower,
machinery spaces. but not less than 2
or more than 6.
120-B............... 1 required.\5\
Electric propulsive motors 40-B:C.............. 1 for each
or generators of open type. propulsion motor or
generator unit.
Enclosed ventilating systems .................... None required.
for motors and generators
of electric propelling
machinery.
Auxiliary spaces, internal 40-B................ 1 outside the space
combustion or gas turbine. in the vicinity of
the exit.\6\
Auxiliary spaces, electric 40-B:C.............. 1 outside the space
emergency motors or in the vicinity of
generators. the exit.\6\
Auxiliary spaces, steam..... .................... None required.
Trunks to machinery spaces.. .................... None required.
Fuel tanks.................. .................... None required.
------------------------------------------------------------------------
Cargo Spaces
------------------------------------------------------------------------
Inaccessible during voyage, .................... None required.
including trunks (excluding
tanks).
Accessible during voyage.... 2-A................. 1 for each 1,200 sq
ft or fraction
thereof.
Vehicular spaces (covered by 40-B................ 1, plus 1 for each
a sprinkler system). 6,000 sq ft or
fraction thereof.
Vehicular spaces (not 40-B................ 1, plus 1 for each
covered by a sprinkler 1,500 sq ft or
system). fraction
thereof.\7\
Cargo oil tanks............. .................... None required.
------------------------------------------------------------------------
Spare Units
------------------------------------------------------------------------
2-A................. 10 percent of the
required number for
public spaces
rounded up.
40-B................ 10 percent of the
required number for
cargo spaces
rounded up.
40-B:C.............. 1.
------------------------------------------------------------------------
\1\ In any case, on vessels of 150 feet (45.72 meters) in length and
over, there must be at least two 2-A units on each passenger deck.
\2\ For vessels on an international voyage, substitute 1 20-B:C in the
vicinity of the exit.
\3\ Vessels of less than 1,000 GT and not on an international voyage
require 1.
\4\ Vessels of less than 1,000 GT and not on an international voyage may
substitute one 120-B for one 160-B.
\5\ If an oil-burning donkey boiler is fitted in the space, the 160-B
previously required for the protection of the boiler room may be
substituted. Not required on vessels of less than 300 GT if the fuel
has a flashpoint of 110 [deg]F or lower except those on an
international voyage.
\6\ Not required on vessels of less than 300 GT if the fuel has a
flashpoint higher than 110 [deg]F.
\7\ Two 10-B units may be substituted for one 40-B unit.
* * * * *
PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
0
21. The authority citation for part 77 is revised to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.4.
Sec. 77.35-5 [Amended]
0
22. Amend Sec. 77.35-5 by removing the text ``the Mine Safety and
Health Administration (MSHA) and'' in paragraph (b).
Sec. 77.40-1 [Amended]
0
23. Amend Sec. 77.40-1 by removing paragraph (h).
[[Page 76699]]
PART 95--FIRE PROTECTION EQUIPMENT
0
24. The authority citation for part 95 is revised to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.4.
Sec. 95.50-10 [Amended]
0
25. Amend Sec. 95.50-10:
0
a. In paragraph (a), by removing the text ``Table 95.50-10(a) of this
section'' and adding in its place the text ``table 1 to Sec. 95.50-
10(b)''
0
b. In paragraph (b), by removing the text ``Table 95.50-10(a)'' and
adding in its place the text ``Table 1 to Sec. 95.50-10(b)''; and
0
c. Redesignating table 95.50-10(a) as table 1 to Sec. 95.50-10(b); and
0
d. In footnote 4 to newly redesignated table 1 to Sec. 95.50-10(b),
removing the text ``160-B'' and adding in its place the text ``120-B''.
PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
0
26. The authority citation for part 96 is revised to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.4.
Sec. 96.35-5 [Amended]
0
27. Amend Sec. 96.35-5 by removing the text ``the Mine Safety and
Health Administration (MSHA) and by'' in paragraph (b).
Sec. 96.40-1 [Amended]
0
28. Amend Sec. 96.40-1 by removing paragraph (h).
PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS
0
29. The authority citation for part 105 is revised to read as follows:
Authority: 6 U.S.C. 468(b); 33 U.S.C. 1321(j); 46 U.S.C. 2103,
3306, 3703, 4502; E.O. 12777, sec. 2(d)(2) and (f), 56 FR 54757, 3
CFR, 1991 Comp., p. 351; DHS Delegation No. 00170.1, Revision No.
01.4.
0
30. Amend Sec. 105.14 by revising paragraph (a) to read as follows:
Sec. 105.14 Fire Extinguishing Equipment.
(a) In addition to the extinguishers in the table to Sec. 28.160
of this chapter, each vessel must carry at least two 40-B fire
extinguishers that are approved under Sec. 162.028 or Sec. 162.039 of
this chapter and must be located at or near the dispensing area.
Extinguishers with larger numerical ratings or multiple letter
designations may be used to meet this requirement. This equipment must
be examined before issuing a letter of compliance.
* * * * *
PART 107--INSPECTION AND CERTIFICATION
0
31. The authority citation for part 107 is revised to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307, 3316; DHS
Delegation No. 00170.1, Revision No. 01.4; Sec. 107.05 also issued
under the authority of 44 U.S.C. 3507.
0
32. Amend Sec. 107.235 by revising paragraph (b)(4) to read as
follows:
Sec. 107.235 Servicing of portable fire extinguishers, semi-portable
fire extinguishers and fixed fire extinguishing systems.
* * * * *
(b) * * *
(4) Foam, except premix systems: Discharge foam for approximately
15 seconds from a nozzle designated by the marine inspector. Discharge
water from all other lines and nozzles. Submit a sample of the foam
concentrate to the manufacturer or its authorized representative, or an
independent laboratory accepted for the purpose by the Coast Guard for
determination of specific gravity, pH, percentage of water dilution,
and solid content and for certification as a suitable firefighting
foam.
* * * * *
PART 108--DESIGN AND EQUIPMENT
0
33. The authority citation for part 108 is revised to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; DHS Delegation
No. 00170.1, Revision No. 01.4.
0
34. Revise Sec. 108.103 to read as follows:
Sec. 108.103 Equipment not required on a unit.
(a) Each item of lifesaving and firefighting equipment carried on
board the unit in addition to equipment of the type required under this
subchapter, must--
(1) Be approved; or
(2) Be acceptable to the cognizant OCMI, for use on the unit.
(b) Use of non-approved fire detection systems may be acceptable as
excess equipment, provided that--
(1) Components are listed and labeled by an independent, nationally
recognized testing laboratory as set forth in 29 CFR 1910.7, and are
designed, installed, tested, and maintained in accordance with an
appropriate industry standard and the manufacturer's specific guidance;
(2) Installation conforms to the requirements of subchapter J of
this chapter, including the hazardous location electrical installation
regulations in Sec. 111.105 of this chapter; and
(3) Coast Guard plan review is completed for wiring plans.
0
35. Amend Sec. 108.489 by revising paragraph (a)(3) to read as
follows:
Sec. 108.489 Helicopter fueling facilities.
(a) * * *
(3) A 160-B fire extinguisher approved under Sec. 162.028 or Sec.
162.039 of this chapter for each fueling facility up to 300 square feet
(27.87 square meters). Extinguishers with larger numerical ratings or
multiple letter designations may be used to meet this requirement.
* * * * *
0
36. Amend Sec. 108.495 by:
0
a. Removing the text ``Table 108.495 of this section'' and adding in
its place the text ``Table 1 to Sec. 108.495'' in the introductory
text;
0
b. Redesignating table 108.495 as table 1 to Sec. 108.459; and
0
c. Revising and republishing newly redesignated table 1 to Sec.
108.459.
The revision reads as follows:
Sec. 108.495 Locations and number of fire extinguishers required.
* * * * *
Table 1 to Sec. 108.495--Carriage of Portable Fire Extinguishers
------------------------------------------------------------------------
Minimum required Quantity and
Space rating location
------------------------------------------------------------------------
Safety Areas
------------------------------------------------------------------------
Wheelhouse and control room. 20-B:C.............. 2 in the vicinity of
the exit.
Stairway and elevator .................... None required.
enclosure.
[[Page 76700]]
Corridors................... 2-A................. 1 in each corridor
not more than 150
ft (45 m) apart.
(May be located in
stairways.)
Lifeboat embarkation and .................... None required.
lowering stations.
Radio room.................. 10-B:C.............. 2 in the vicinity of
the exit.
------------------------------------------------------------------------
Accommodations
------------------------------------------------------------------------
Staterooms, toilet spaces, .................... None required.
public spaces, offices,
lockers, small storerooms,
pantries, open decks, and
similar spaces.
------------------------------------------------------------------------
Service Spaces
------------------------------------------------------------------------
Galleys..................... 40-B:C.............. 1 for each 2,500 sq
ft (232.2 sq m) or
fraction thereof
suitable for the
hazards involved.
Paint and lamp rooms........ 40:B................ 1 outside each room
in the vicinity of
the exit.
Storerooms.................. 2-A................. 1 for each 2,500 sq
ft (232.2 sq m) or
fraction thereof
located in the
vicinity of the
exits, either
inside or outside
the spaces.
Workshop and similar spaces. 20-B:C.............. 1 outside each space
in the vicinity of
the exit.
------------------------------------------------------------------------
Machinery Spaces
------------------------------------------------------------------------
Oil-fired boilers: Spaces 40-B................ 2 required in each
containing oil-fired space.
boilers, either main or
auxiliary, or their fuel
oil units.
160-B............... 1 required in each
space. See note 1.
Internal combustion or gas 40-B................ 1 for each 1,000
turbine propelling brake horsepower
machinery spaces. but not less than 2
and not more than 6
in each space.
120-B............... 1 required in each
space. See note 1.
Motors or generators of 40-B:C.............. 1 for each motor or
electric propelling generator.
machinery that do not have
an enclosed ventilating
system.
Motors and generators of .................... None required.
electric propelling
machinery that have
enclosed ventilating
systems.
------------------------------------------------------------------------
Auxiliary Spaces
------------------------------------------------------------------------
Internal combustion engines 40-B................ 1 outside the space
or gas turbine. containing engines
or turbines in the
vicinity of the
exit.
Electric emergency motors or 40-B:C.............. 1 outside the space
generators. containing motors
or generators in
the vicinity of the
exit.
Steam driven auxiliary .................... None required.
machinery.
Trunks to machinery spaces.. .................... None required.
Fuel tanks.................. .................... None required.
------------------------------------------------------------------------
Miscellaneous Areas
------------------------------------------------------------------------
Helicopter landing decks.... 160-B............... 1 at each access
route.
Helicopter fueling 160-B............... 1 at each fuel
facilities. transfer facility.
See note 2.
Drill floor................. 40-B:C.............. 2 required.
Cranes with internal 40-B:C.............. 1 required.
combustion engines.
------------------------------------------------------------------------
Spare Units
------------------------------------------------------------------------
2-A................. 10 percent of the
total required
rounded up.
40-B:C.............. 10 percent of the
total required
rounded up.
------------------------------------------------------------------------
\1\ Not required where a fixed gas extinguishing system is installed.
\2\ Not required where a fixed foam system is installed in accordance
with Sec. 108.489.
Sec. 108.497 [Amended]
0
37. Amend Sec. 108.497 by removing the text ``the Mine Safety and
Health Administration (MSHA) and by'' in paragraph (a).
Sec. 108.570 [Amended]
0
38. Amend Sec. 108.570 by removing the word ``must'' and adding in its
place the word ``may'' in paragraph (c)(3).
Sec. 108.719 [Amended]
0
39. Amend Sec. 108.719 by removing paragraph (h).
PART 109--OPERATIONS
0
40. The authority citation for part 109 is revised to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104; DHS
Delegation 00170.1, Revision No. 01.4.
0
41. Amend Sec. 109.301 by revising paragraph (j) to read as follows:
Sec. 109.301 Operational readiness, maintenance, and inspection of
lifesaving equipment.
* * * * *
(j) Maintenance of falls. Each fall used in a launching appliance
must be inspected annually with special regard for areas passing
through sheaves and
[[Page 76701]]
must be renewed when necessary due to deterioration or at intervals of
not more than 5 years, whichever is earlier.
* * * * *
PART 115--INSPECTION AND CERTIFICATION
0
42. The authority citation for part 115 is revised to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.
Sec. 115.810 [Amended]
0
43. Amend Sec. 115.810 by removing the text ``Chapter 4 of'' in
paragraph (b)(1).
PART 116--CONSTRUCTION AND ARRANGEMENT
0
44. The authority citation for part 116 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277, DHS Delegation 00170.1, Revision No. 01.4.
0
45. Amend Sec. 116.400 by revising paragraph (c) to read as follows:
Sec. 116.400 Application.
* * * * *
(c) Vessels meeting the structural fire protection requirements of
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11 (incorporated by
reference, see Sec. 114.600 of this chapter), when combined with the
requirements in Sec. 116.438, may be considered equivalent to the
provisions of this subpart.
0
46. Amend Sec. 116.405 by revising paragraph (f) to read as follows:
Sec. 116.405 General arrangement and outfitting.
* * * * *
(f) Nonmetallic piping in concealed spaces. The use of nonmetallic
(plastic) pipe within a concealed space in a control space,
accommodation space, or service space is permitted in nonvital service
only if the piping material has been approved under Sec. 164.141 of
this chapter and meets both low flame spread rating and toxicity
requirements.
* * * * *
PART 118--FIRE PROTECTION EQUIPMENT
0
47. The authority citation for part 118 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.
Sec. 118.500 [Amended]
0
48. Amend Sec. 118.500:
0
a. In paragraph (a), by removing the text ``Table 118.500(a) of this
section'' and adding in its place the text ``table 1 to Sec.
118.500(b)'';
0
b. In paragraph (b), by removing the text ``Table 118.500(a) of this
section'' and adding in its place the text ``Table 1 to Sec.
118.500(b)'';
0
c. By redesignating table 118.500(a) as table 1 to Sec. 118.500(b);
0
d. In paragraph (c), by removing the text ``10'' and adding in its
place the text ``5''; and
0
e. In paragraph (d), by removing the text ``(c)'' and adding in its
place the text ``(b)''.
PART 132--FIRE PROTECTION EQUIPMENT
0
49. The authority citation for part 132 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3307; sec. 617, Pub. L. 111-281, 124
Stat. 2905; DHS Delegation 00170.1, Revision No. 01.4.
Sec. 132.365 [Amended]
0
50. Amend Sec. 132.365 by removing the text ``the Mine Safety and
Health Administration and by'' in paragraph (b)(1).
PART 147--HAZARDOUS SHIPS STORES
0
51. The authority citation for part 147 is revised to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.
0
52. Amend Sec. 147.66 by revising paragraphs (a) and (c) to read as
follows:
Sec. 147.66 Inert gas fire extinguishing systems.
(a) Inert gas cylinders forming part of a clean agent fixed fire
extinguishing system must be retested every 12 years.
* * * * *
(c) Flexible connections between cylinders and discharge piping for
fixed inert gas fire extinguishing systems must be renewed or retested
in accordance with section 7.3 of NFPA 2001 (incorporated by reference,
see Sec. 147.7), except that this renewal or retesting must occur when
the cylinders are retested.
PART 159--APPROVAL OF EQUIPMENT AND MATERIALS
0
53. The authority citation for part 159 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703; DHS Delegation 00170.1,
Revision No. 01.4; Section 159.001-9 also issued under the authority
of 44 U.S.C. 3507.
0
54. Revise Sec. 159.001-5 to read as follows:
Sec. 159.001-5 Correspondence and applications.
(a) Unless otherwise specified, all correspondence and applications
in connection with approval and testing of equipment and materials
should be submitted electronically to [email protected]. When
plans, drawings, test data, etc., are required to be submitted by the
manufacturer, the material being transmitted with the application
should be clearly identified.
(b) If the manufacturer desires hard copy stamped plans be returned
to them, or if product samples must be submitted, the plans or samples
must be addressed to: Commandant (CG-ENG), Attn: Office of Design &
Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther
King Jr. Avenue SE, Washington, DC 20593-7509. When submitted, hard
copy plans must be accompanied by electronic drawings or must be
submitted in triplicate.
PART 160--LIFESAVING EQUIPMENT
0
55. The authority citation for part 160 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703, 4302; E.O. 12234; 45 FR
58801; 3 CFR, 1980 Comp., p. 277; and DHS Delegation 00170.1,
Revision No. 01.4.
0
56. Amend Sec. 160.115-7 by revising paragraphs (b)(6)(vi)
introductory text and (b)(6)(vi)(A) to read as follows:
Sec. 160.115-7 Design, construction, and performance of winches.
* * * * *
(b) * * *
(6) * * *
(vi) Limit switches must be provided to limit the travel of the
davit arms as they approach the final stowed position and prevent
overstressing the falls or davits. These switches must--
(A) Be arranged so that the activation of any limit switch will
stop the travel of all of the davit arms;
* * * * *
Sec. Sec. 160.115-9, 160.115-13, 160.132-9, 160.132-13, and 160.133-
9 [Amended]
0
57. Amend Sec. Sec. 160.115-9(b) introductory text, 160.115-13(g)(2),
160.132-9(b) introductory text, 160.132-13(g)(2), and 160.133-9(b)
introductory text by removing the words ``in triplicate''.
Sec. 160.133-13 [Amended]
0
58. Amend Sec. 160.133-13 by removing the text ``, in triplicate'' in
paragraph (g)(2).
0
59. Amend Sec. 160.135-5 by adding paragraph (d)(7) to read as
follows:
[[Page 76702]]
Sec. 160.135-5 Incorporation by reference.
* * * * *
(d) * * *
(7) MSC/Circ. 1006, Guidelines on Fire Test Procedures for
Acceptance of Fire-Retardant Materials for the Construction of
Lifeboats, June 18, 2001; IBR approved for Sec. 160.135-7(b).
* * * * *
0
60. Amend Sec. 160.135-7 by revising paragraph (b)(3)(iv)(A) to read
as follows:
Sec. 160.135-7 Design, construction, and performance of lifeboats.
* * * * *
(b) * * *
(3) * * *
(iv) * * *
(A) Resin. Any resin used for the hull, canopy, hatches, rigid
covers, and enclosures for the engine, transmission, and engine
accessories, must be fire retardant according to IMO MSC/Circ. 1006
(incorporated by reference, see Sec. 160.135-5)
* * * * *
Sec. 160.135-9 [Amended]
0
61. Amend Sec. 160.135-9 by removing the words ``in triplicate'' in
paragraph (b) introductory text.
Sec. 160.135-13 [Amended]
0
62. Amend Sec. 160.135-13 by removing the text ``, in triplicate'' in
paragraph (g)(2) introductory text.
0
63. Amend Sec. 160.156-5 by adding paragraph (d)(7) to read as
follows:
Sec. 160.156-5 Incorporation by reference.
* * * * *
(d) * * *
(7) MSC/Circ. 1006, Guidelines On Fire Test Procedures For
Acceptance Of Fire-Retardant Materials For The Construction Of
Lifeboats, June 18, 2001; IBR approved for Sec. 160.156-7.
* * * * *
0
64. Amend Sec. 160.156-7 by revising paragraph (b)(3)(iv)(A) to read
as follows:
Sec. 160.156-7 Design, construction, and performance of rescue boats
and fast rescue boats.
* * * * *
(b) * * *
(3) * * *
(iv) * * *
(A) Resin. Any resin used for the hull, canopy, hatches, rigid
covers, and enclosures for the engine, transmission, and engine
accessories, must be fire retardant according to IMO MSC/Circ. 1006
(incorporated by reference, see Sec. 160.156-5)
* * * * *
Sec. 160.156-9 [Amended]
0
65. Amend Sec. 160.156-9 by removing the words ``in triplicate'' in
paragraph (b) introductory text.
Sec. 160.156-13 [Amended]
0
66. Amend Sec. 160.156-13 by removing the text ``, in triplicate'' in
paragraph (g)(2) introductory text.
Sec. 160.170-9 [Amended]
0
67. Amend Sec. 160.170-9 by removing words ``in triplicate'' in
paragraph (b) introductory text.
Sec. 160.170-13 [Amended]
0
68. Amend Sec. 160.170-13 by removing text ``, in triplicate,'' in
paragraph (g)(2).
0
69. Revise Sec. 160.171-3 to read as follows:
Sec. 160.171-3 Incorporation by reference.
Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
Headquarters and at the National Archives and Records Administration
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC
20593-7509; email [email protected] or visit www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this material at NARA,
visit: www.archives.gov/federal-register/cfr/ibr-locations.html or
email: [email protected]. The material may be obtained from the
following sources:
(a) ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA 19428-2959; phone: +1 610 832 9500; email:
[email protected]; web: www.astm.org.
(1) ASTM B117-97, Standard Practice for Operating Salt Spray (Fog)
Apparatus (``ASTM B117''); IBR approved for Sec. 160.171-17(k).
(2) ASTM C177-85 (1993), Standard Test Method for Steady-State Heat
Flux Measurements and Thermal Transmission Properties by Means of the
Guarded-Hot-Plate Apparatus (``ASTM C177''); IBR approved for Sec.
160.171-17(e).
(3) ASTM C518-91, Standard Test Method for Steady-State Heat Flux
Measurements and Thermal Transmission Properties by Means of the Heat
Flow Meter Apparatus (``ASTM C518''); IBR approved for Sec. 160.171-
17(e).
(4) ASTM D975-14, Standard Specification for Diesel Fuel Oils,
approved February 1, 2014 (``ASTM D975''); IBR approved for Sec.
160.171-17(p).
(5) ASTM D1004-94a, Standard Test Method for Initial Tear
Resistance of Plastic Film and Sheeting (``ASTM D1004''); IBR approved
for Sec. 160.171-17(n).
(b) General Services Administration (GSA). email:
[email protected]; web: https://fedspecs.gsa.gov/s/federal-specifications.
(1) Federal Test Method Standard No. 191a dated July 20, 1978,
Method 5304.1, Abrasion Resistance of Cloth, Oscillatory Cylinder
(Wyzenbeek) Method, dated July 9, 1971 (``Federal Test Method Standard
191, Method 5304.1''); IBR approved for Sec. 160.171-17(o).
(2) Federal Standard No. 751a, Stitches, Seams, and Stitchings,
dated January 25, 1965 (``Federal Standard No. 751''); IBR approved for
Sec. 160.171-9(c).
(c) National Institution of Standards and Technology (NIST)
(formerly National Bureau of Standards). U.S. Department of Commerce,
National Institution of Standards and Technology, 100 Bureau Drive,
Gaithersburg, MD 20899; phone: (301) 975-2000; web: www.nist.gov.
(1) National Bureau of Standards Special Publication 440--Color,
Universal Language and Dictionary of Names; December 1976 (``National
Bureau of Standards Publication 440''); IBR approved for Sec. 160.171-
9(h). (Available at https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf)
(2) [Reserved]
(d) Underwriters Laboratories (UL). 1850 M. St. NW, Suite 1000,
Washington, DC, District of Columbia, 20036-5833; phone: (202) 296-
7840; fax: (202) 872-1576; web: www.ul.com.
(1) UL 1191, Standard for Components for Personal Flotation
Devices, First Edition, as revised March 29, 1977; IBR approved for
Sec. 160.171-17(h).
(2) [Reserved]
0
70. Revise Sec. 160.174-3 to read as follows:
Sec. 160.174-3 Incorporation by reference.
Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
Headquarters and at the National Archives and Records Administration
(NARA). Contact the
[[Page 76703]]
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, email:
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the sources
in the following paragraphs of this section.
(a) ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA 19428-2959; phone: +1 610 832 9500; email:
[email protected]; web: www.astm.org.
(1) ASTM C177-85 (1993), Standard Test Method for Steady-State Heat
Flux Measurements and Thermal Transmission Properties by Means of the
Guarded-Hot-Plate Apparatus (``ASTM C 177''); IBR approved for Sec.
160.174-17(f) and (g).
(2) ASTM C518-91, Standard Test Method for Steady-State Heat Flux
Measurements and Thermal Transmission Properties by Means of the Heat
Flow Meter Apparatus (``ASTM C 518''); IBR approved for Sec. 160.174-
17(f) and (g).
(3) ASTM D975-14, Standard Specification for Diesel Fuel Oils,
approved February 1, 2014 (``ASTM D 975''); IBR approved for Sec.
160.174-17(g).
(4) ASTM D1004-94a, Standard Test Method for Initial Tear
Resistance of Plastic Film and Sheeting (``ASTM D 1004''); IBR approved
for Sec. 160.174-47(i).
(5) ASTM D1518-85 (1990), Standard Test Method for Thermal
Transmittance of Textile Materials (``ASTM D 1518''); IBR approved for
Sec. 160.174-17(f).
(b) General Services Administration (GSA). email:
[email protected]; web: https://fedspecs.gsa.gov/s/federal-specifications.
(1) Federal Standard No. 751a, Stitches, Seams, and Stitchings,
dated January 25, 1965 (``Federal Standard No. 751''); IBR approved for
Sec. 160.174-9(b).
(2) [Reserved]
(c) National Institution of Standards and Technology (NIST)
(formerly National Bureau of Standards). U.S. Department of Commerce,
National Institution of Standards and Technology, 100 Bureau Drive,
Gaithersburg, MD 20899; phone: (301) 975-2000; web: www.nist.gov.
(1) National Bureau of Standards Special Publication 440--Color,
Universal Language and Dictionary of Names (``National Bureau of
Standards Publication 440''); December 1976; IBR approved for Sec.
160.174-9(f). (Available at https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf)
(2) [Reserved]
PART 161--ELECTRICAL EQUIPMENT
0
71. The authority citation for part 161 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No.
01.4.
0
72. Amend Sec. 161.002-18 by revising the section heading and
paragraph (a) to read as follows:
Sec. 161.002-18 System method of applications for equipment approval.
(a) The manufacturer must submit the following material to the
Commandant (CG-ENG), according to Sec. 159.001-5 of this subchapter:
(1) A formal written request that the system be reviewed for
approval.
(2) The system's instruction manual, including information
concerning installation, maintenance, limitations, programming,
operation, and troubleshooting.
(3) Proof of listing the system devices meeting the requirements of
Sec. 161.002-6(a).
(4) The complete test report(s) meeting the requirements of Sec.
161.002-6 generated by an independent laboratory accepted by the
Commandant under part 159 of this subchapter or an NRTL as set forth in
29 CFR 1910.7. A current list of Coast Guard-accepted laboratories may
be obtained from the following website: https://cgmix.uscg.mil/eqlabs/.
(5) A list prepared by the manufacturer that contains the name,
model number, and function of each major component and accessory, such
as the main control cabinet, remote annunciator cabinet, detector, zone
card, isolator, central processing unit, zener barrier, special purpose
module, or power supply. This list must be identified by the following
information assigned by the manufacturer:
(i) A document number;
(ii) A revision number (the original submission being revision
number 0); and
(iii) The date that the manufacturer created or revised the list.
* * * * *
0
73. Amend Sec. 161.002-19 by revising the section heading and
paragraphs (a) and (b) to read as follows:
Sec. 161.002-19 Device method of application for equipment approval.
(a) The manufacturer must submit the following material to the
Commandant (CG-ENG) according to Sec. 159.001-5 of this subchapter:
(1) A formal written request that the device be reviewed for
approval;
(2) The device's instruction manual, including information
concerning installation, maintenance, limitations, programming,
operation, and troubleshooting;
(3) Proof of listing the device meeting the requirements of Sec.
161.002-6(a); and
(4) The complete test report(s) meeting the requirements of Sec.
161.002-6 generated by an independent laboratory accepted by the
Commandant under part 159 of this subchapter or an NRTL as set forth in
29 CFR 1910.7. A current list of Coast Guard accepted laboratories may
be obtained from the following website: https://cgmix.uscg.mil/eqlabs/.
(b) To apply for a revision, the manufacturer must submit--
(1) A written request under paragraph (a) of this section;
(2) Updated documentation under paragraph (a)(2) of this section;
(3) Proof of listing the device meeting the requirements of Sec.
161.002-6(a); and
(4) A report by an independent laboratory accepted by the
Commandant under part 159 of this subchapter or an NRTL as set forth in
29 CFR 1910.7 is required to document compliance with Sec. 161.002-6.
* * * * *
Sec. 161.011-1 [Amended]
0
74. Amend Sec. 161.011-1 by removing the word ``approval'' and adding
in its place the word ``acceptance''.
0
75. Revise Sec. 161.011-5 to read as follows:
Sec. 161.011-5 Types.
EPIRBs are typed as follows:
(a) Category 1--EPIRBs are capable of floating free of a vessel and
activating automatically if the vessel sinks.
(b) Category 2--EPIRBs are manually removed from the mounting
bracket and activated.
0
76. Revise Sec. 161.011-10 to read as follows.
Sec. 161.011-10 EPIRB acceptance.
(a) The Coast Guard reviews test reports from an accepted
independent laboratory for EPIRBs accepted in Sec. 161.011-5.
(b) An application for acceptance or type acceptance of an EPIRB
should be submitted to the Coast Guard before the FCC in accordance
with 47 CFR part 1061. When requested by the FCC, the Coast Guard
reviews the test results in the application that concern installation
and operation of the EPIRB. The Coast Guard provides the results of the
review to the manufacturer, and to the FCC for its use in acting upon
the application.
[[Page 76704]]
0
77. Amend Sec. 161.012-5 by:
0
a. Revising paragraph (a); and
0
b. In paragraph (b)(2), by removing the words ``Two copies of plans''
and adding in their place the word ``Plans''.
The revision reads as follows:
Sec. 161.012-5 Approval procedures.
(a) An application for approval of a PFD light under this subpart
must be submitted to the Commandant (CG-ENG) according to Sec.
159.001-5 of this subchapter.
* * * * *
0
78. Amend Sec. 161.013-11 by revising paragraph (c)(1) to read as
follows:
Sec. 161.013-11 Prototype test.
* * * * *
(c) * * *
(1) Forward the test results within 30 days to the Commandant (CG-
ENG) according to Sec. 159.005-1 of this subchapter; and
* * * * *
0
79. Revise Sec. 161.013-17 to read as follows:
Sec. 161.013-17 Manufacturer notification.
Each manufacturer certifying lights in accordance with the
specifications of this subpart must send written notice to the
Commandant (CG-ENG) according to Sec. 159.005-1 of this subchapter
within 30 days after first certifying the lights and send a new notice
every 5 years thereafter as long as it certifies lights.
PART 162--ENGINEERING EQUIPMENT
0
80. The authority citation for part 162 is revised to read as follows:
Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104,
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation
00170.1, Revision No. 01.4.
0
81. Add Sec. 162.017-0 to read as follows:
Sec. 162.017-0 Preemptive effect.
The regulations in this part have preemptive effect over State or
local regulations in the same field.
0
82. Revise Sec. 162.017-1 to read as follows:
Sec. 162.017-1 Incorporation by reference.
Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR)
material is available for inspection at the Coast Guard and at the
National Archives and Records Administration (NARA). Contact Coast
Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the
International Organization for Standardization (ISO), ISO Central
Secretariat, Chemin de Blandonnet 8. CP 401--1214 Vernier, Geneva,
Switzerland; phone 41 22 749 01 11; www.iso.org/contact-iso.html.
(a) ISO 15364:2021(E), Ships and Marine Technology--Pressure-vacuum
valves for cargo tanks and devices to prevent the passage of flame into
cargo tanks, Fourth Edition, February 2021 (``ISO 15364''); IBR
approved for Sec. 162.017-3(r).
(b) [Reserved]
Sec. 162.017-2 [Amended]
0
83. Amend Sec. 162.017-2 by removing the word ``inflammable'' and
adding it its place the word ``flammable''.
0
84. Amend Sec. 162.017-3 by revising paragraphs (g), (n), and (r) to
read as follows:
Sec. 162.017-3 Materials, construction, and workmanship
* * * * *
(g) The design and construction of the valves must permit
maintenance without removal from the line.
* * * * *
(n) Double flame screens of 20 x 20 corrosion-resistant wire mesh
with a \1/2\-inch corrosion-resistant separator, or a single screen of
30 x 30 corrosion-resistant wire mesh, shall be fitted on all openings
to atmosphere. The net free area through the flame screens shall not be
less than 1\1/2\ times the cross-sectional area of the vent inlet from
the cargo tanks.
* * * * *
(r) Pressure-vacuum relief valves constructed in accordance with
ISO 15364 (incorporated by reference; see Sec. 162.017-1) meet the
requirements of this subpart and are eligible to receive approval by
submitting an application in accordance with Sec. 162.017-6.
0
85. Amend Sec. 162.017-6:
0
a. By revising paragraph (a);
0
b. In paragraph (b), by removing the words ``in quadruplicate''; and
0
c. In paragraph (c), by removing the text ``, by the Underwriters'
Laboratories, the Factory Mutual Laboratories, or''.
The revision reads as follows.
Sec. 162.017-6 Procedure for approval.
(a) General. Applications for approval must be submitted to the
Commanding Officer, U.S. Coast Guard Marine Safety Center. Applications
may be submitted electronically, by mail or in-person. Mail or in-
person submissions may be delivered to U.S. Coast Guard Stop 7430, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7430.
Information for submitting applications electronically can be found at
https://www.uscg.mil/HQ/MSC.
* * * * *
0
86. Amend Sec. 162.050-15 by revising paragraph (a) to read as
follows:
Sec. 162.050-15 Designation of facilities.
(a) Each request for designation as a facility authorized to
perform approval tests must be submitted to the Commandant (CG-ENG)
according to Sec. 159.005-1 of this subchapter.
* * * * *
0
87. Amend Sec. 162.060-40 by revising paragraph (b) to read as
follows:
Sec. 162.060-40 Requirements for Independent Laboratories (ILs).
* * * * *
(b) Each request for designation as an independent laboratory
authorized under paragraph (a) of this section must be submitted to the
Commandant (CG-ENG) according to Sec. 159.005-1 of this subchapter.
* * * * *
PART 163--CONSTRUCTION
0
88. The authority citation for part 163 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No.
01.4.
Subpart 163.002--[Removed and Reserved]
0
89. Remove and reserve subpart 163.002, consisting of Sec. Sec.
163.002-1 through 163.002-27.
PART 164--MATERIALS
0
90. The authority citation for part 164 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No.
01.4.
0
91. Amend Sec. 164.009-9 by revising paragraph (a) to read as follows:
Sec. 164.009-9 Procedure for approval.
(a) An application for approval of a material under this subpart
must be submitted to the Commandant (CG-
[[Page 76705]]
ENG) according to Sec. 159.005-1 of this subchapter.
* * * * *
0
92. Amend Sec. 164.018-7 by revising paragraph (a) and in paragraph
(b)(2), by removing the words ``Two copies of plans'' and adding in
their place the word ``Plans''.
The revision reads as follows:
Sec. 164.018-7 Approval procedures.
(a) An application for approval of retroreflective material must be
submitted to the Commandant (CG-ENG) according to Sec. 159.005-1 of
this subchapter.
* * * * *
Sec. 164.106-3 [Amended]
0
93. Amend Sec. 164.106-3 by removing the text ``Part 6'' and adding in
its place the text ``Part 5'' in paragraph (a).
Subpart 164.120--[Removed and Reserved]
0
94. Remove and reserve subpart 164.120, consisting of Sec. Sec.
164.120-1 through 164.120-15.
Sec. 164.137-2 [Amended]
0
95. Amend Sec. 164.137-2 by removing and reserving paragraph (b)(2).
0
96. Amend Sec. 164.137-3 by revising paragraph (a) to read as follows:
Sec. 164.137-3 Testing, marking, and inspection requirements.
(a) Windows submitted for type approval must be tested for fire
resistance under Annex 1, Part 3 of the FTP Code (incorporated by
reference, see Sec. 164.137-2). Windows must also meet the thermal
radiation test supplement to fire resistance, and hose stream test
supplement, as outlined in Appendix 1 of Part 3 of the FTP Code.
* * * * *
0
97. Revise Sec. 164.138-2 to read as follows:
Sec. 164.138-2 Incorporation by reference.
Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
and at the National Archives and Records Administration (NARA). Contact
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the
International Maritime Organization (IMO) Publishing, 4 Albert
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611,
www.imo.org.
(a) 2010 FTP, International Code for Application of Fire Test
Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (``FTP Code'');
IBR approved for Sec. 164.138-3(a).
(b) [Reserved]
0
98. Amend Sec. 164.138-3 by revising paragraph (a) to read as follows:
Sec. 164.138-3 Testing, marking, and inspection requirements.
(a) Fire stops (penetration seals) submitted for type approval must
be tested for fire resistance under Annex 1, Part 3 of the FTP Code
(incorporated by reference, see Sec. 164.138-2), including testing in
accordance with Part 3, Appendix 3 and Appendix 4.
* * * * *
0
99. Revise Sec. 164.139-2 to read as follows:
Sec. 164.139-2 Incorporation by reference.
Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
and at the National Archives and Records Administration (NARA). Contact
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from International
Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1
7SR, United Kingdom, +44 (0)20 7735 7611, www.imo.org.
(a) 2010 FTP Code, International Code for the Application of Fire
Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (``FTP
Code''); IBR approved for Sec. 164.139-3(a).
(b) [Reserved]
0
100. Amend Sec. 164.139-3 by revising paragraph (a) to read as
follows:
Sec. 164.139-3 Testing, marking, and inspection requirements.
(a) Automatic fire dampers that are installed in A-class divisions
that are submitted for type approval must be tested for fire resistance
under Annex 1, Part 3 of the FTP Code (incorporated by reference, see
Sec. 164.139-2), including testing in accordance with Appendix 2.
* * * * *
PART 167--PUBLIC NAUTICAL SCHOOL SHIPS
0
101. The authority citation for part 167 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3307, 6101, 8105; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision
No. 01.4.
0
102. Revise and republish Sec. 167.45-40 to read as follows:
Sec. 167.45-40 Fire-fighting equipment on nautical school ships using
oil as fuel.
Steam-propelled nautical school ships burning oil for fuel shall be
fitted with the fire-fighting equipment of the following type and
quantity:
(a) In each boiler room and in each of the machinery spaces of a
nautical school ship propelled by steam, in which a part of the fuel-
oil installation is situated, two or more approved 40-B fire
extinguishers must be placed where accessible and ready for immediate
use. On a nautical school ship of 1,000 gross tons and under, only one
is required.
(b) In boiler and machinery spaces, at least two fire hydrants must
have a firehose of a length that allows each part of the boiler and
machinery spaces to be reached by water from a combination solid stream
and water spray firehose nozzle.
(c) Each firehose under paragraph (b) of this section must have a
combination solid stream and water spray firehose nozzle that meets
subpart 162.027 of this chapter. Combination nozzles and low-velocity
water spray applicators previously approved under subpart 162.027 of
this chapter may remain so long as they are maintained in good
condition to the satisfaction of the Officer in Charge, Marine
Inspection.
(d) On every steam propelled nautical school ship of over 1,000
gross tons having one boiler room there shall be provided one 160-B
fire extinguisher. If the nautical school ship has more than one boiler
room, an extinguisher of the above type shall be provided in each
boiler room. On every steam-propelled nautical school ship of 1,000
gross tons and under, a 120-B fire extinguisher may be used.
Extinguishers fitted shall be equipped with suitable hose and
[[Page 76706]]
nozzles on reels or other practicable means for easy access, and of
sufficient length to reach any part of the boiler room and spaces
containing oil-fuel pumping units.
(e) All nautical school ships propelled by internal-combustion
engines shall be equipped with the following fire extinguishers in the
machinery spaces:
(1) One 120-B fire extinguisher.
(2) One 40-B extinguisher for each 1,000 BHP of the main engines,
or fraction thereof. The total number of fire extinguishers carried
shall not be less than two and not more than six.
(3) When a donkey boiler fitted to burn oil as fuel is located in
the machinery space, there shall be a 160-B fire extinguisher installed
instead of the 120-B fire extinguisher.
(f) In this section, any reference to a fire extinguisher means
approved by the Coast Guard.
Sec. 167.45-60 [Amended]
0
103. Amend Sec. 167.45-60 by removing the text ``the Mine Safety and
Health Administration (MSHA) and by'' in paragraph (a).
0
104. Revise Sec. 167.45-65 to read as follows:
Sec. 167.45-65 Portable fire extinguishers in accommodation spaces.
All nautical school ships shall be provided with such number of
good and efficient portable fire extinguishers approved by the Coast
Guard as follows:
(a) Nautical school ships less than 150 feet in length shall have
at least two 2-A fire extinguishers on each passenger deck.
(b) Nautical school ships 150 feet and over in length shall be
provided with at least one 2-A fire extinguisher for every 150 linear
feet of corridor length or fraction thereof in the spaces occupied by
passengers and crew.
(c) In all public spaces fire extinguishers shall be located not
more than 150 feet apart.
0
105. Revise Sec. 167.45-70 to read as follows:
Sec. 167.45-70 Portable fire extinguishers, general requirements.
(a) Fire extinguishers shall be located in such places as in the
judgment of the Officer in Charge, Marine Inspection, will be most
convenient and serviceable in case of emergency and so arranged that
they may be easily removed from their fastenings.
(b) Every fire extinguisher provided shall be examined at each
annual inspection to determine that it is still in good condition.
Soda-and-acid and foam fire extinguishers shall be tested by
discharging the contents, cleaning thoroughly, and then refilling.
Carbon dioxide fire extinguishers shall be checked by weighing to
determine contents and if found to be more than 10 percent under
required contents of carbon dioxide shall be recharged. Pump tank fire
extinguishers shall be tested by pumping and discharging the contents,
cleaning thoroughly, and then refilling or recharging. Cartridge-
operated type fire extinguishers shall be checked by examining the
extinguishing agents to determine if it is still in good condition and
by examining the pressure cartridge. If the cartridge end is punctured,
or if the cartridge is otherwise determined to have leaked or to be in
an unsuitable condition, the pressure cartridge shall be rejected and a
new one inserted. Stored pressure type extinguishers shall be checked
by determining that the pressure gauge is in the operating range, and
the full charge of extinguishing agent is in the chamber. The hoses and
nozzles of all fire extinguishers shall be inspected to see that they
are clear and in good condition.
(c) In addition to the required extinguishers in this part, each
vessel must carry no less than 10 percent spare extinguishers or
charges for each size and variety of fire extinguisher, with a minimum
of one for each size and variety of extinguisher.
0
106. Add Sec. 167.45-71 to read as follows:
Sec. 167.45-71 Exemptions to the requirements of portable fire
extinguishers required for vessels constructed before August 22, 2016.
Vessels contracted for before August 22, 2016, must meet the
following requirements:
(a) Previously installed portable and semi-portable fire
extinguishers with extinguishing capacities smaller than what is
required in this part need not be replaced and may be continued in
service so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
(b) All new equipment and installations must meet the applicable
requirements in this part for new vessels.
Sec. 167.45-75 [Amended]
0
107. Amend Sec. 167.45-75 by removing the words ``or the Navy'' after
the words ``approved by the Coast Guard''.
PART 169--SAILING SCHOOL VESSELS
0
108. The authority citation for part 169 is revised to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L.
103-206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 793; DHS Delegation 00170.1, Revision No. 01.4; Sec.
169.117 also issued under the authority of 44 U.S.C. 3507.
0
109. Amend Sec. 169.567:
0
a. In paragraph (a) introductory text, by removing the text ``Table
169.567(a) of this section'' and adding in its place the text ``table 1
to Sec. 169.567(a)'';
0
b. Redesignating the table 169.567(a) as table 1 to Sec. 169.567(a);
0
c. Revising and republishing table 1 to Sec. 169.567(a); and
0
d. In paragraph (b), by removing the text ``Table 169.567(a) of this
section'' and adding in its place the text ``Table 1 to Sec.
169.567(a)''.
The revision reads as follows:
Sec. 169.567 Portable fire extinguishers.
(a) * * *
Table 1 to Sec. 169.567(a)--Required Portable Fire Extinguishers
------------------------------------------------------------------------
Portable fire extinguishers
------------------------------------------
Space Minimum required Quantity and
rating location
------------------------------------------------------------------------
Propulsion machinery space 40-B:C............. 2.
without fixed extinguishing
system.
Propulsion machinery space 40-B:C............. 1 in the vicinity of
with fixed extinguishing the exit.
system.
Living space and open boats.. 2-A................ 1 per 1,000 cubic
foot of space.
Galley (without fixed system) 40-B:C............. 1 per 500 cubic
foot.
Spare Units.................. 2-A................ 10 percent of the
required number
rounded up.
40-B:C............. 10 percent of the
required number
rounded up.
------------------------------------------------------------------------
[[Page 76707]]
* * * * *
0
110. Add Sec. 169.568 to read as follows:
Sec. 169.568 Exemptions to the requirements of portable fire
extinguishers required for vessels constructed before August 22, 2016.
Vessels contracted for before August 22, 2016, must meet the
following requirements:
(a) Previously installed portable and semi-portable fire
extinguishers with extinguishing capacities smaller than what is
required in this subpart need not be replaced and may be continued in
service so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
(b) All new equipment and installations must meet the applicable
requirements in this part for new vessels.
0
111. Amend Sec. 169.717 by revising paragraph (a)(1) to read as
follows:
Sec. 169.717 Fireman's outfit.
* * * * *
(a) * * *
(1) One pressure-demand, open-circuit, self-contained breathing
apparatus, approved by the National Institute for Occupational Safety
and Health (NIOSH) and having at a minimum a 30-minute air supply and a
full facepiece; but a self-contained compressed-air breathing apparatus
previously approved under part 60, subpart 160.011, of this chapter may
continue in use as required equipment if it was part of the vessel's
equipment on November 23, 1992, and as long as it is maintained in good
condition to the satisfaction of the Officer in Charge, Marine
Inspection;
* * * * *
PART 181--FIRE PROTECTION EQUIPMENT
0
112. The authority citation for part 181 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.
0
113. Amend Sec. 181.500:
0
a. In paragraph (a), by removing the text ``Table 181.500(b)'' and
adding in its place the text ``table 1 to Sec. 181.500(b)'';
0
b. In paragraph (b), by removing the text ``Table 181.500(b) of this
section'' and adding in its place the text ``Table 1 to Sec.
181.500(b)'';
0
c. By redesignating the table 181.500(b) as table 1 to Sec.
181.500(b); and
0
d. By revising and republishing table 1 to Sec. 181.500(b).
The revision and republication read as follows:
Sec. 181.500 Required number, type, and location.
* * * * *
(b) * * *
Table 1 to Sec. 181.500(b)--Required Portable Fire Extinguishers
------------------------------------------------------------------------
Portable fire extinguishers
------------------------------------------
Space Minimum required Quantity and
rating location
------------------------------------------------------------------------
Operating Station............ 10-B:C............. 1.
Machinery Space.............. 40-B:C............. 1 in the vicinity of
the exit.
Open Vehicle Deck............ 40-B............... 1 for every 10
vehicles.
Accommodation Space.......... 2-A................ 1 each for each
2,500 square feet
(232.3 square
meters) or fraction
thereof.
Galley....................... 40-B:C............. 1.
Pantry, concession stand..... 2-A................ 1 in the vicinity of
the exit.
------------------------------------------------------------------------
* * * * *
PART 195--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
0
114. The authority citation for part 195 is revised to read as follows:
Authority: 46 U.S.C. 2113, 3306, 3307; 49 U.S.C. App. 1804;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation
00170.1, Revision No. 01.4.
Sec. 195.40-1 [Amended]
0
115. Amend Sec. 195.40-1 by removing paragraph (h).
PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS
0
116. The authority citation for part 199 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat.
2439; DHS Delegation 00170.1, Revision No. 01.4.
0
117. Amend Sec. 199.190 by revising paragraph (j) to read as follows:
Sec. 199.190 Operational readiness, maintenance, and inspection of
lifesaving equipment.
* * * * *
(j) Maintenance of falls. Each fall used in a launching appliance
must--
(1) Be inspected annually with special regard for areas passing
though sheaves; and
(2) Be renewed when necessary due to deterioration or at intervals
of not more than 5 years, whichever is earlier.
* * * * *
Dated: September 5, 2024.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2024-20380 Filed 9-17-24; 8:45 am]
BILLING CODE 9110-04-P