8175 Federal Register / Vol. 83, No. 38 / Monday, February 26, 2018 / Rules and Regulations 
1The Inspection of Towing Vessels final rule 
published on June 20, 2016 (81 FR 40003). It gave 
existing towing vessels 2 years or more to comply with the rule, and defined ‘‘new towing vessel’’ such that no vessel would be subject to new vessel requirements until at least July 20, 2017. See discussion at 81 FR 40061. ■
Par. 4. Section 57.10 is amended by 
revising paragraph (b) to read as follows: 
§ 57.10 Effective/applicability date. 
* * * * * 
(b) Paragraphs (b)(3) and (c)(3)(ii) of 
§ 57.2. Paragraphs (b)(3) and (c)(3)(ii) of 
§ 57.2 apply on February 22, 2018. 
§ 57.10T [Removed] 
■Par. 5. Section 57.10T is removed. 
Kirsten Wielobob, 
Deputy Commissioner for Services and 
Enforcement. 
Approved: February 15, 2018. 
David J. Kautter, 
Assistant Secretary of the Treasury (Tax 
Policy). 
[FR Doc. 2018–03884 Filed 2–22–18; 11:15 am] 
BILLING CODE 4830–01–P 
DEPARTMENT OF HOMELAND 
SECURITY 
Coast Guard 
46 CFR Parts 136 and 142 
[Docket No. USCG–2017–1060] 
RIN 1625–AC43 
Harmonization of Fire Protection 
Equipment Standards for Towing Vessels 
AGENCY : Coast Guard, DHS. 
ACTION : Interim final rule; request for 
comments. 
SUMMARY : The Coast Guard is issuing an 
interim final rule to apply changes made by the 2016 final rule, Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment, to inspected towing vessels. Applying these updated fire protection requirements to inspected towing vessels will align regulations for inspected towing vessels with other commercial vessel regulations. 
DATES : This interim final rule is 
effective March 28, 2018. Comments and related material must be submitted to the online docket via http://www.regulations.gov on or before March 
28, 2018. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register on March 28, 2018. 
ADDRESSES : You may submit comments 
identified by docket number USCG– 2017–1060 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ‘‘Public 
Participation and Request for Comments’’ portion of the 
SUPPLEMENTARY INFORMATION section of this document for further instructions on submitting comments. 
Viewing material proposed for 
incorporation by reference. Make arrangements to view this material by contacting the person identified in the 
FOR FURTHER INFORMATION CONTACT  
section of this document. 
FOR FURTHER INFORMATION CONTACT : For 
information about this document, call or email LT Alexandra Miller, Office of Design and Engineering Standards, Lifesaving and Fire Safety Division (CG– ENG–4), Coast Guard; telephone 202– 372–1356, email Alexandra.S.Miller@uscg.mil. 
SUPPLEMENTARY INFORMATION : 
Table of Contents for Preamble 
I. Abbreviations 
II. Basis and Purpose, and Regulatory History III. Discussion of the Rule IV. Regulatory Analyses 
A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment 
V. Public Participation and Request for 
Comments 
I. Abbreviations 
CFR Code of Federal Regulations 
DHS Department of Homeland Security Fire Protection rule Harmonization of 
Standards for Fire Protection, Detection, and Extinguishing Equipment final rule, 81 FR 48220, July 22, 2016 
FR Federal Register IFR Interim final rule NFPA 10 National Fire Protection 
Association Standard for Portable Fire Extinguishers, 2010 edition 
OMB Office of Management and Budget RA Regulatory Analysis § Section symbol Subchapter M 46 CFR subchapter M— 
Towing Vessels 
U.S.C. United States Code 
II. Basis and Purpose, and Regulatory 
History 
This interim final rule harmonizes fire 
protection requirements regarding portable and semi-portable fire extinguishers on inspected towing vessels with the requirements for other commercial vessels in Title 46 of the Code of Federal Regulations (CFR), including uninspected towing vessels. The Coast Guard may regulate fire protection equipment on inspected towing vessels under statutory authority found in 46 U.S.C. 3301 and 3306, 
which was delegated by the Secretary of Homeland Security to the Coast Guard in DHS Delegation Number 0170.1(II)(92). 
The Coast Guard issues this rule 
without prior notice and opportunity for public comment. Section 553(b)(B) of the Administrative Procedure Act provides an exception from notice and comment requirements when an agency finds that notice and comment are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ In accordance with 5 U.S.C. 553(b)(B), the Coast Guard finds that notice and comment are unnecessary because this rule would not require a substantive change of fire protection equipment on towing vessels, and would align with regulatory requirements already met by all existing towing vessels. This rule will revise 46 CFR subchapter M to require inspected towing vessels to meet fire protection equipment requirements that already apply to other commercial vessels, including uninspected towing vessels. The Coast Guard updated these standards in its 2016 Fire Protection 
rule. At the time the Coast Guard updated the fire protection equipment requirements for other commercial vessels, there were no towing vessels inspected under subchapter M: The Coast Guard established subchapter M in a June 2016 rule that published one month prior to the Fire Protection rule, and, as a practical matter, did not place requirements on any towing vessel until July 2017 or later.
1Because of the 
timing of subchapter M requirements, at this time uninspected towing vessels are subject to the more modern Fire Protection rule provisions. This rule 
corrects the anomalous situation whereby a towing vessel transitioning from uninspected to inspected status would be required to comply with the previous standards instead of the updated Fire Protection rule. Moreover, 
all existing marine fire extinguishers already meet the requirements of this interim final rule, and the number of extinguishers required on a vessel will not change. Because this rule will not require any existing vessel to change its equipment or practices, the Coast Guard finds good cause to forgo notice and opportunity to comment. 
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2See 46 CFR part 142 subpart B for inspected 
towing vessels, and 46 CFR subpart 25.30 for 
uninspected towing vessels. III. Discussion of the Rule 
Under existing regulations, towing 
vessels must carry Coast Guard- 
approved fire extinguishers.2 
Historically, the labels on all Coast Guard-approved fire extinguishers displayed two ratings: A performance rating determined by testing to the industry consensus standard UL 711, and a USCG Type/Size rating based on type of fire and the quantity of extinguishing agent. In its Fire Protection rule, the Coast Guard 
eliminated the USCG Type/Size rating requirement from 46 CFR part 162 in favor of the UL standard, but the fire protection regulations in 46 CFR subchapter M are still framed in terms of USCG Type/Size rating. This rule will change those provisions in part 142 of subchapter M to reflect the UL standard instead, matching the changes made by the Fire Protection rule. 
This rule does not change the number 
of extinguishers required, and an extinguisher that displays the USCG Type/Size rating may still be used if it meets all other requirements. This rule adds a grandfathering clause in section 142.231(a), identical to one that appears in 46 CFR 25.30–80 as a result of the Fire Protection rule, in order to avoid any new obligation on uninspected vessels that become inspected and subject to subchapter M. For similar reasons, section 142.240 makes semi- portable fire extinguishers subject to the rules for portable extinguishers instead of fixed fire extinguishing systems; this change matches the treatment of semi- portable extinguishers on similar vessels subject to 46 CFR part 25. 
In addition, this rule revises 
maintenance requirements for fire extinguishers. Subchapter M had required extinguisher maintenance in accordance with the industry consensus standard NFPA 10, which requires certified personnel to conduct annual fire extinguishing equipment 
maintenance. NFPA 10 also requires monthly visual inspections and documentation by certified personnel. Section 142.240 provides for some departures from NFPA 10 to: Allow for the acceptance of state and local licenses for inspections; allow an owner, operator, or qualified crewmember to complete monthly inspections (as opposed to certified personnel); and reduce the requirements of the annual inspection for non- 
rechargeable extinguishers. These modifications are consistent with those put into place for other commercial vessels, including uninspected towing vessels, by the Fire Protection rule. Section 142.240(a) also imports a provision from the Fire Protection rule 
requiring that if the marine inspector or third-party organization finds that equipment or records are not properly maintained, then a qualified servicing facility must perform the required activities. This provision is less stringent than the NFPA 10 provision in the original subchapter M text. 
Finally, this rule makes non- 
substantive changes such as replacing the term ‘‘hand-portable’’ with ‘‘portable.’’ It also updates the edition of NFPA 10 from 2007 to the 2010 edition used in the Fire Protection rule; there are no substantive changes between these two editions. 
IV. Regulatory Analyses 
We developed this 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’’) 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. Executive Order 13771 (‘‘Reducing Regulation and Controlling Regulatory Costs’’), directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ 
The Office of Management and Budget 
(OMB) has not designated this rule a significant regulatory action under section 3(f) of E.O. 12866. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB’s Memorandum ‘‘Guidance 
Implementing Executive Order 13771, Titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (April 5, 2017). A regulatory analysis (RA) follows. 
This interim final rule (IFR) will 
update the fire safety rules in subchapter M to incorporate changes brought about by the publication of the Fire Protection final rule. Specifically, fire extinguisher ratings and carriage requirements must all be brought up to date. Affected sections of subchapter M (all located in 46 CFR part 142, Fire Protection) are: §§ 142.215(a), (c) and (d); 142.225(d); 142.230; new 142.231; 142.240; and 142.315(a)(3)(i) and (b)(1). 
Table 1 presents a summary of the 
impacts of this rule. 
TABLE 1—S UMMARY OF IMPACTS OF THE RULE 
Category Summary 
Applicability .................................................................................. Towing vessels required to be inspected under subchapter M. 
Affected population ...................................................................... 5,509 towing vessels. 
Costs ............................................................................................ No costs identified. 
Benefits ........................................................................................ Harmonizes with Fire Protection to provide consistent guidance to industry. 
Affected Population 
The affected population consists of 
the U.S. flagged towing vessels subject 
to the provisions of subchapter M. The RA performed for the Inspection of Towing Vessels final rule identified 5,509 towing vessels that will be affected and concluded that the long- term pattern was a steady-state population. We have no new information to revise that conclusion 
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and will use the population from that 
rule for this analysis. 
Cost Analysis 
This interim final rule contains 29 
changes to the fire protection 
regulations in subchapter M. A summary of these changes follows: 
•Made eighteen minor edits to the 
regulatory text to harmonize subchapter M text with Fire Protection (e.g., ‘‘hand 
portable’’ to ‘‘portable’’); update technical references (e.g. ‘‘B–1’’ to ‘‘10– B:C:’’); correct grammatical errors or improve clarity; and harmonize references to other sections within subchapter M. 
•Revised five paragraphs to either 
consolidate or edit existing text for clarity, or delete text that is no longer needed. 
•Added three new provisions to 
increase industry options to comply with NFPA 10. An example is to allow for the acceptance of state and local licenses for inspections. •Added a new paragraph to allow 
equipment beyond the regulatory minimum. 
•Added a new paragraph to allow 
continued use of existing dual-label equipment. 
•Added a new provision that restates 
current recordkeeping requirements. 
Overall, the Coast Guard has not 
identified any costs associated with these changes. The changes and economic impacts are described in Table 2. 
TABLE 2—A SSESSMENT OF COSTIMPACTS OF THE RULE 
Description of change Type of change Cost impact 
Subpart B—List of Sections 
Change ‘‘Hand-portable’’ to ‘‘Portable’’ ........................ Non-substantive text edit for consistent 
usage.No cost. 
Add new section title ‘‘142.231 Exception for portable 
and semi-portable extinguishers required for exist-
ing towing vessels.’’ Non-substantive text edit to consolidate re-
quirements for new and existing vessels.No cost. 
§ 142.215(a) 
Change ‘‘Hand-portable’’ to ‘‘Portable.’’ ....................... Non-substantive text edit for consistent 
usage.No cost. 
§ 142.215(c) 
Edit and reorganize paragraph for clarity .................... Non-substantive text edit only .................... No cost. 
Moved the last sentence to new paragraph 
§ 142.215(d).Non-substantive text edit only .................... No cost. 
§ 142.215(d) 
Created new paragraph § 142.215(d) that contains 
the last sentence of former § 142.215(c).Non-substantive text edit only .................... No cost. 
§ 142.225(d) 
Change equipment type from ‘‘B–II’’ to ‘‘40–B’’ and 
other edits.Non-substantive text edit for consistent 
usage.No cost. 
Edit and reorganize paragraph for clarity .................... Non-substantive text edit only .................... No cost. 
§ 142.230 
Change ‘‘Hand-portable’’ to ‘‘Portable’’ ........................ Non-substantive text edit for consistent 
usage.No cost. 
§ 142.230(a), (b), & (c) 
Delete, refers to labeling system that is no longer in 
use. Former paragraphs (d) and (e) now (a) and (b).Removal of outdated labeling terms ........... No cost. 
§ 142.230(d)(1) new § 142.230(a) 
Change ‘‘B–I’’ to ‘‘10–B:C’’, ‘‘Hand-portable’’ to ‘‘Port-
able’’, and ‘‘B–II’’ to ‘‘40–B:C.’’ Change to labeling terms ........................... No cost. 
§ 142.230(d)(2) new § 142.230(b) 
Change ‘‘Hand-portable’’ to ‘‘Portable’’ ........................ Non-substantive text edit for consistent 
usage.No cost. 
Change ‘‘a’’ to ‘‘At’’ and correct references to table 
and paragraph.Non-substantive text edit only .................... No cost. 
In Table 142.230(d)(2), change ‘‘B–II’’ to ‘‘40–B:C’’ .... Change to labeling terms ........................... No cost. 
§ 142.230(d)(2)(ii) 
Delete paragraph as no longer needed ....................... Non-substantive text edit only .................... No cost. 
§ 142.230(e) new § 142.230(c) 
Change paragraph reference and change reference 
to sizes to ‘‘any.’’ Removal of outdated labeling terms ........... No cost. 
New § 142.230(d) 
Allow for equipment beyond regulatory minimum ....... New text ...................................................... No cost, no mandated requirements. 
§ 142.231(a) 
Add provision to accept current equipment and con-
tinue use of dual-label equipment.New text ...................................................... No cost, no mandated requirements. 
§ 142.231(b) 
Reference requirements in part 142 for new vessels .. New text ...................................................... No cost, subc hapter M applies to new 
vessels. 
§ 142.240(a) 
Change ‘‘Hand-portable’’ to ‘‘Portable’’ ........................ Non-substantive text edit for consistent 
usage.No cost. 
§ 142.240(a)(1)(i) 
Move requirements for semi-portable equipment from 
§ 142.240(a)(2) to this sub-paragraph.Align with 46 CFR part 25 .......................... No cost. 
Delete references to Table 142.240 as this is redun-
dant with existing text.Non-substantive text edit for clarity ............ No cost. 
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TABLE 2—A SSESSMENT OF COSTIMPACTS OF THE RULE—Continued 
Description of change Type of change Cost impact 
Allow for the acceptance of state and local licenses 
for inspections. New text ...................................................... No cost, no mandated requirements. 
§ 142.240(a)(1)(ii) 
Modify requirements of NFPA 10 to allow monthly in-
spections by owner, operator, person-in-charge, or 
crew member.New text ...................................................... No cost, no mandated requirements. 
§ 142.240(a)(1)(iii) 
Modify requirements of NFPA 10 to allow annual 
maintenance by owner, operator, person-in-charge, or crew member.New text ...................................................... No cost, no mandated requirements. 
§ 142.240(a)(1)(iv) 
Maintain evidence of servicing and provide to inspec-
tor. If evidence is unsatisfactory, prescribed exami-nations, maintenance, and tests must be conducted.New text ...................................................... No cost, current industry practice. 
§ 142.240(a)(2) 
Delete ‘‘semi-portable.’’ ................................................ Align with 46 CFR part 25 and NFPA 10 ... No cost, current industry practice. 
§ 142.240, Table 142.240 
Delete ‘‘semi-portable’’ ................................................. Align with 46 CFR part 25 and NFPA 10 ... No cost, current industry practice. 
§ 142.240(c)(2) 
Change ‘‘Hand-portable’’ to ‘‘Portable’’ ........................ Non-substantive text edit for consistent 
usage.No cost. 
§ 142.315(a)(3)(i) & (b)(1) 
Change ‘‘B–V’’ to ‘‘160–B.’’ .......................................... Change to labeling terms ........................... No cos t. 
Benefits 
The primary benefit of this interim 
final rule is to align the fire safety rules 
in subchapter M with the changes brought about by the publication of the Fire Protection rule. The changes include removal of a labeling requirement, and flexibility in the application of NFPA 10. This will provide a consistent set of fire protection requirements to towing vessel owners and operators. 
Alternatives 
When creating this interim final rule, 
the Coast Guard considered several 
alternatives. The previous analysis represents the preferred alternative, which will align fire protection requirements in subchapter M with the Fire Protection rule. 
Alternative 1: Preferred Alternative 
The preferred alternative is to update 
the fire safety rules in subchapter M to 
match changes made by the Fire Protection rule. The analysis for this 
alternative appears in the ‘‘Regulatory 
Analysis’’ section of the preamble of this interim final rule. 
Alternative 2: No Action Alternative 
In this alternative, the Coast Guard 
would take no action regarding the 
differences between 46 CFR part 25 and 46 CFR part 142. As this would impose an inconvenience to industry by not removing the outdated labeling requirement, we reject this alternative. Alternative 3: Not Including New 
Options 
This option would remove the 
outdated labeling requirement for fire extinguishers, but would not provide for any flexibility in applying the requirements of NFPA 10. The benefit of this alternative is the harmonization of text with other fire protection regulations, including those that already apply to uninspected towing vessels. This alternative would not add any new costs, as NFPA 10 is referenced in subchapter M, but would not offer any new compliance options. 
B. Small Entities 
Under the Regulatory Flexibility Act, 
5 U.S.C. 601–612, we have considered 
whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. 
Our economic analysis concluded that 
this interim final rule will have no cost impact and will not affect the small entities that own and operate the towing vessels that comprise the affected population, described above. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 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 rule will have a significant economic impact on it, please submit a comment at the address under 
ADDRESSES . In your comment, explain 
why you think it qualifies and how and to what degree this 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 offered to assist small entities in understanding this rule so that they could 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 rule calls for no new collection 
of information or modification of an 
existing collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3520. 
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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 is explained below. 
It is well settled that States may not 
regulate in categories reserved for regulation by the Coast Guard. It is also well settled that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels), as well as the reporting of casualties and any other category in which Congress intended the Coast Guard to be the sole source of a vessel’s obligations, are within the field foreclosed from regulation by the States. See the 
Supreme Court’s decision in United States v. Locke and Intertanko v. Locke, 
529 U.S. 89, 120 S.Ct. 1135 (2000). This rule covers foreclosed categories as it establishes regulations covering fire extinguishing equipment for towing vessels subject to inspection under 46 U.S.C. 3301 and 3306. Therefore, because the States may not regulate within these categories, this rule is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. 
F. Unfunded Mandates Reform Act 
The Unfunded Mandates Reform Act 
of 1995, 2 U.S.C. 1531–1538, requires 
Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 
G. Taking of Private Property 
This 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 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 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 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 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 and 
Incorporation by Reference 
The National Technology Transfer 
and Advancement Act, codified as a note to 15 U.S.C. 272, directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule uses the following updated voluntary consensus standard: NFPA 10, Standard for Portable Fire 
Extinguishers, 2010 Edition, effective 
December 5, 2009. This standard applies to the selection, installation, inspection, maintenance, recharging, and testing of portable fire extinguishers. 
Consistent with 1 CFR part 51 
incorporation by reference provisions, this material is reasonably available. Interested persons have access to it through their normal course of business, may purchase it from the organization identified in 46 CFR 136.112(h), or may view a copy by means we have identified in that section. 
M. Environment 
We have analyzed this rule under 
Department of Homeland Security 
Management Directive 023–01, Revision (Rev) 1, and Commandant Instruction M16475.lD (COMTINST M16475.1D), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have concluded 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 (REC) supporting this determination is available in the docket where indicated under the ‘‘Public Participation and Request for Comments’’ section of this preamble. 
This interim final rule (IFR) is 
categorically excluded under paragraphs (34)(a), (d), and (e) of Figure 2 in COMDTINST M16475.1D, and also under paragraph 6(a) of the ‘‘Appendix to National Environmental Policy Act: Coast Guard Procedures for Categorical Exclusions, Notice of Final Agency Policy’’ (67 FR 48243, July 23, 2002). This IFR updates 46 CFR subchapter M to harmonize fire safety standards for inspected towing vessels with those of other commercial vessels. These matters are editorial or procedural in nature; involve the inspection, equipping, equipment approval and carriage requirements of vessels; and also concern vessel safety standards. This rule supports the Coast Guard’s maritime safety mission. 
V. Public Participation and Request for 
Comments 
We view public participation as 
essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment 
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applies, and provide a reason for each 
suggestion or recommendation. 
We encourage you to submit 
comments through the Federal eRulemaking Portal at https://www.regulations.gov. If your material 
cannot be submitted using https://www.regulations.gov, contact the person 
in the 
FOR FURTHER INFORMATION  
CONTACT section of this document for 
alternate instructions. Documents mentioned in this notice, and all public comments, are in our online docket at https://www.regulations.gov and can be 
viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 
We accept anonymous comments. All 
comments received will be posted without change to http://www.regulations.gov and will include 
any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). 
List of Subjects 46 CFR Part 136 
Incorporation by reference, Reporting 
and recordkeeping requirements, 
Towing vessels. 
46 CFR Part 142 
Fire prevention, Incorporation by 
reference, Marine safety, Reporting and 
recordkeeping requirements, Towing vessels. For the reasons discussed in the 
preamble, the Coast Guard amends 46 CFR parts 136 and 142 as follows: 
PART 136—CERTIFICATION 
■1. The authority citation for part 136 
continues to read as follows: 
Authority: 46 U.S.C. 3103, 3301, 3306, 
3308, 3316, 8104, 8904; 33 CFR 1.05; DHS 
Delegation 0170.1. 
■2. Amend § 136.112 by revising 
paragraph (h)(1) to read as follows: 
§ 136.112 Incorporation by reference. 
* * * * * 
(h) * * * 
(1) NFPA 10—Standard for Portable 
Fire Extinguishers, 2010 Edition, 
effective December 5, 2009, IBR approved for § 142.240(a) of this subchapter. 
* * * * * 
PART 142—FIRE PROTECTION 
■3. The authority citation for part 142 
continues to read as follows: 
Authority: 46 U.S.C. 3103, 3301, 3306, 
3308, 3316, 8104, 8904; 33 CFR 1.05; 
Department of Homeland Security Delegation 0170.1. 
■4. Amend § 142.215 as follows: 
■a. In paragraph (a), remove the text 
‘‘hand-’’; and 
■b. Revise paragraph (c); and 
■c. Add paragraph (d). 
The revision and addition read as 
follows: 
§ 142.215 Approved equipment. 
* * * * * 
(c) New installations of fire- 
extinguishing and fire-detection equipment of a type not required, or in 
excess of that required by this part, may be permitted— 
(1) If Coast Guard approved; 
(2) If accepted by the local OCMI or 
TPO, as applicable; or 
(3) If equipment and components are 
listed and labeled by an independent 
Nationally Recognized Testing Laboratory (NRTL), as that term is defined 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. 
(d) Existing equipment and 
installations not meeting the applicable requirements of this part may be continued in service so long as they are in good condition and accepted by the local OCMI or TPO. 
■5. Amend § 142.225 by revising 
paragraph (d) to read as follows: 
§ 142.225 Storage of flammable or 
combustible products. 
* * * * * 
(d) A 40–B portable fire extinguisher 
must be located near the storage room 
or cabinet. This is in addition to the portable fire extinguishers required by tables 142.230(a) and 142.230(b) of this part. 
■6. Revise § 142.230 to read as follows: 
§ 142.230 Portable fire extinguishers and 
semi-portable fire-extinguishing systems. 
(a) Towing vessels of 65 feet or less 
in length must carry at least the 
minimum number of portable fire extinguishers set forth in table 142.230(a). 
TABLE 142.230(a)—10–B:C P ORTABLE FIREEXTINGUISHERS  
Length, feet Minimum number of 10–B:C portable 
fire extinguishers 
required1 
No fixed fire-extin-
guishing system in 
machinery space Fixed fire- 
extinguishing 
system in 
machinery space 
Under 262............................................................................................................................... ..................... 1 0 
26 and over, but under 40 ...................................................................................................... ..................... 2 1 
40 and over, but not over 65 ................................................................................................... .................... 3 2 
1One 40–B:C portable fire extinguisher may be substituted for two 10–B:C portable fire extinguishers. 
2See § 136.105 of this subchapter concerning vessels under 26 feet. 
(b) Towing vessels of more than 65 
feet in length must carry— 
(1) At least the minimum number of 
portable fire extinguishers set forth in table 142.230(b); and 
(2) One 40–B portable fire 
extinguisher fitted in the engine room for each 1,000 brake horsepower of the main engines or fraction thereof. A 
towing vessel is not required to carry more than six additional 40–B portable fire extinguishers in the engine room for this purpose, regardless of horsepower. TABLE 142.230(b)—40–B:C 
PORTABLE FIREEXTINGUISHERS  
Gross tonnage— Minimum number 
of 40–B:C 
portable fire 
extinguishers Over Not over 
50 1 
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TABLE 142.230(b)—40–B:C P ORT-
ABLE FIREEXTINGUISHERS —Contin-
ued 
Gross tonnage— Minimum number 
of 40–B:C 
portable fire 
extinguishers Over Not over 
50 .................. 100 2 
100 ................ 500 3 
500 ................ 1,000 6 
1,000 ............. ................ 8 
(c) The frame or support of any semi- 
portable fire extinguisher fitted with 
wheels must be welded or otherwise permanently attached to a steel bulkhead or deck to prevent it from rolling under heavy sea conditions. 
(d) Extinguishers with larger 
numerical ratings or multiple letter designations may be used if the extinguishers meet the minimum requirements of this section. 
■7. Add § 142.231 to read as follows: 
§ 142.231 Exception for portable and semi- 
portable fire extinguishers required for existing towing vessels. 
(a) Previously installed fire 
extinguishers with extinguishing 
capacities smaller than what is required by § 142.230 of this part need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the OCMI. 
(b) All new equipment and 
installations must meet the applicable requirements in this part for new vessels. 
■8. Amend § 142.240 by revising 
paragraphs (a) introductory text, (a)(1) and (2), the heading for Table 142.240, and paragraph (c)(2) to read as follows: 
§ 142.240 Inspection, testing, 
maintenance, and records. 
(a) Inspection and testing. All portable 
fire extinguishers, semi-portable fire- 
extinguishing systems, fire-detection systems, and fixed fire-extinguishing systems, including ventilation, machinery shutdowns, and fixed fire- extinguishing system pressure-operated dampers on board the vessel, must be inspected or tested at least once every 12 months, as prescribed in paragraphs (a)(1) through (8) of this section, or more frequently if otherwise required by the TSMS applicable to the vessel. 
(1) Portable and semi-portable fire 
extinguishers must be inspected, maintained, and tested in accordance with the inspection, maintenance procedures, and hydrostatic pressure tests required by Chapters 7 and 8 of NFPA 10, Standard for Portable Fire Extinguishers (incorporated by reference, see § 136.112 of this subchapter), with the frequency specified by NFPA 10 and as amended here: 
(i) Certification or licensing by a state 
or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. 
(ii) Monthly inspections required by 
NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. 
(iii) Non-rechargeable or non- 
refillable extinguishers must be inspected and maintained in accordance with NFPA 10; however, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in- charge, or a designated member of the crew. 
(iv) The owner or managing operator 
must provide satisfactory evidence of the required servicing to the marine inspector or TPO, as applicable. If any of the equipment or records have not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted. 
(2) Fixed fire-extinguishing systems 
must be inspected and tested, as required by table 142.240 of this section, in addition to the tests required by §§ 147.60 and 147.65 of subchapter N of this chapter. 
* * * * * 
Table 142.240 to paragraph (a)—Fixed 
fire-extinguishing systems 
* * * * * 
* * * * * 
(c) * * * 
(2) The records of inspections and 
tests of portable fire extinguishers and 
semi-portable fire-extinguishing systems may be recorded in accordance with paragraph (c)(1) of this section, or on a tag attached to each unit by a qualified servicing organization. 
§ 142.315 [Amended] 
■9. Amend § 142.315 by removing the 
text ‘‘B–V’’ in paragraphs (a)(3)(i) and (b)(1) and adding in its place the text ‘‘160–B’’. Dated: February 15, 2018. 
J.G. Lantz, 
Director of Commercial Regulations and 
Standards, U.S. Coast Guard. 
[FR Doc. 2018–03733 Filed 2–23–18; 8:45 am] 
BILLING CODE 9110–04–P 
FEDERAL COMMUNICATIONS 
COMMISSION 
47 CFR Parts 1 and 73 
[MB Docket No. 17–106; Report No. 3086] 
Petition for Partial Reconsideration of 
Action in Rulemaking Proceeding 
AGENCY : Federal Communications 
Commission. 
ACTION : Petition for reconsideration. 
SUMMARY : A Petition for Partial 
Reconsideration (Petition) has been filed in the Commission’s rulemaking proceeding by Dan J. Alpert, on behalf of DA LA HUNT BROADCASTING CORP. 
DATES : Oppositions to the Petition must 
be filed on or before March 13, 2018. Replies to an opposition must be filed on or before March 23, 2018. 
ADDRESSES : Federal Communications 
Commission, 445 12th Street SW, Washington, DC 20554. 
FOR FURTHER INFORMATION CONTACT : 
Diana Sokolow, phone: 202–418–0588, email: Diana.Sokolow@FCC.gov. 
SUPPLEMENTARY INFORMATION : This is a 
summary of the Commission’s document, Report No. 3086, released February 15, 2018. The full text of the Petition is available for viewing and copying at the FCC Reference Information Center, 445 12th Street SW, Room CY–A257, Washington, DC 20554. It also may be accessed online via the Commission’s Electronic Comment Filing System at: http://apps.fcc.gov/ ecfs/. The Commission will not send a 
Congressional Review Act (CRA) submission to Congress or the Government Accountability Office pursuant to the CRA, 5.U.S.C. because no rules are being adopted by the Commission. 
Subject: Elimination of Main Studio 
Rule, MB Docket No. 17–106, FCC 17– 137, published at 82 FR 57876, December 8, 2017. This document is being published pursuant to 47 CFR 1.429(e). See also 47 CFR 1.4(b)(1) and 
1.429(f), (g). 
Number of Petitions Filed: 1. 
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