8432 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 25, 27, 28, 31, 34, 35, 62, 

71, 76, 78, 91, 95, 97, 107, 108, 112, 115, 

118, 119, 122, 131, 132, 147, 162, 167, 

169, 176, 181, 182, 185, 189, 190, 193, 

194, and 196 

[USCG–2006–24797] 

RIN 1625–AB44 

Carbon Dioxide Fire Suppression 

Systems on Commercial Vessels 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend the current regulations for fire 

suppression systems on several classes 

of commercial vessels. The amendments 

would clarify that approved alternatives 

to carbon dioxide systems may be used 

to protect some spaces on these vessels 

and would set general requirements for 

alternative systems. 

Additionally, new and existing carbon 

dioxide systems, when used in spaces 

that can be accessed by persons onboard 

the specified commercial vessels, would 

need to be equipped with lockout valves 

and olfactory additives to protect 

persons in the event of a carbon dioxide 

discharge. By requiring these features on 

carbon dioxide systems and by making 

a wider range of fire suppression 

systems available, the proposed 

regulations advance the Coast Guard’s 

mission of promoting maritime safety 

and mobility. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before May 25, 2010 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2006–24797 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

Viewing incorporation by reference 

material: You may inspect the material 

proposed for incorporation by reference 

at room 1308, U.S. Coast Guard 

Headquarters, 2100 2nd Street, SW., 

Stop 7126, Washington, DC 20593–7126 

between 9 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is 202–372– 

1356. Copies of the material are 

available as indicated in the 

‘‘Incorporation by Reference’’ section of 

this preamble. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Lieutenant 

Commander Suzanne Hemann, U.S. 

Coast Guard; telephone 202–372–1356, 

e-mail Suzanne.E.Hemann@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meeting 

II. Abbreviations 

III. Background 

IV. Discussion of Proposed Rule 

V. Incorporation by Reference 

VI. Regulatory Analysis 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2006–24797), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2006–24797’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

this proposed rule based on your 

comments. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2006–24797’’ in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. If you do not have 

access to the Internet, you may view the 

docket online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

C. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 


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D. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the docket using one of the 

methods specified under ADDRESSES. In 

your request, explain why you believe a 

public meeting would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

II. Abbreviations 

CO2 Carbon dioxide 

DHS Department of Homeland Security 

FK-5-1-12 Dodecafluoro-2-methylpentan3-one 

FR Federal Register 

HFC-227ea Heptafluoropropane 

IG-541 Nitrogen 52%, argon 40%, and 

carbon dioxide 8% 

MODUs Mobile offshore drilling units 

U.S.C. United States Code 

III. Background 

Until recently, carbon dioxide (CO2) 

systems were the only systems suitable 

for suppressing or extinguishing fires in 

certain vessel spaces, such as those used 

for cargo and various types of 

machinery. Our current regulations 

require the use of CO2 systems in such 

spaces on towing vessels, tank vessels, 

cargo and miscellaneous vessels, mobile 

offshore drilling units (MODUs), 

offshore supply vessels, public nautical 

school ships, and large passenger 

vessels (‘‘Subchapter H’’ vessels). We 

also allow carbon dioxide systems on 

small passenger vessels carrying more 

than 150 passengers or with overnight 

accommodations for more than 49 

passengers (‘‘Subchapter K’’ vessels) and 

other small passenger vessels 

(‘‘Subchapter T’’ vessels). 

Carbon dioxide systems work by 

flooding a protected space with CO2, 

thereby depriving a fire of the oxygen it 

needs to burn. Unfortunately, when a 

carbon dioxide discharge occurs, oxygen 

deprivation poses a risk to persons who 

may be in this protected space. Crew 

members have died when odorless CO2

gas was discharged in their spaces 

accidentally or without adequate 

warning to evacuate. 

In recent years, alternative systems 

have been developed that are 

comparable to carbon dioxide systems 

in their ability to suppress fires, but that 

do not pose the same risks to persons 

onboard. Our regulations currently 

allow for the use of Coast Guardapproved alternative systems. At 

present, most approved systems use 

halocarbon clean agents HFC-227ea 

(heptafluoropropane), FK-5-1-12 

(dodecafluoro-2-methylpentan-3-one), 

or IG-541 (nitrogen 52%, argon 40%, 

and carbon dioxide 8%). We have also 

approved water mist systems for some 

applications. These systems have been 

tested by independent testing 

laboratories and have laboratory listings. 

Systems using other agents may be 

developed and approved in the future. 

Along with the manufacturers of 

alternative systems, shipyards, and 

independent testing laboratories, we 

believe it would promote safety and be 

advantageous to industry to issue new 

regulations for installing, maintaining, 

and using approved carbon dioxidealternative fire suppression systems. 

IV. Discussion of Proposed Rule 

We are proposing two overall changes 

to our regulations. 

1. Lockout valves and olfactory 

additives. 

We propose requiring lockout valves 

and olfactory additives in any CO2

system used in a space that may be 

occupied by persons onboard, even if 

only occasionally. 

Lockout valves, which are already 

required for shore-based facilities by 

National Fire Protection Association 

standards (NFPA 12, 2008 edition), are 

intended to be used during system 

maintenance to prevent inadvertent 

flooding of a protected space. We would 

require lockout valves on vessels that 

use CO2 systems in spaces containing 

more than 6,000 cubic feet and in 

smaller spaces that do not have 

horizontal escapes, which provide a 

quick way to evacuate. Odorizer units 

would be required for CO2 systems of 

any size to provide a scent to normally 

odorless CO2 during discharge. A 

distinctive-smelling substance, like 

wintergreen, is added to the CO2 so that 

in the event of a CO2 discharge in a 

vessel’s space, any persons in that space 

can quickly smell the discharge and 

evacuate. 

Additionally, the odor would warn 

persons in adjacent spaces that the CO2

may have migrated. The new lockout 

valve and olfactory additive 

requirements would apply immediately 

to new systems. They would be phasedin for existing systems, allowing the 

necessary simple retrofits to be made 

during drydocking or routine 

maintenance, thereby reducing the 

financial impact on vessel owners. 

Retrofitting would involve dismantling 

and reassembling a small section of 

system piping to include a lockout 

valve. 

2. Alternative systems. 

The second overall change we 

propose is to amend our existing 

regulations to make it clear that 

alternative systems using clean agent 

and inert gases may be used. 

Furthermore, we are proposing 

clarifications to the general 

requirements for maintaining, installing, 

and using an alternative system. System 

layout and control requirements would 

be based on the current regulations for 

engineered CO2 systems on inspected 

vessels. Independent laboratories would 

oversee prototype testing and follow-up 

quality control supervision. 

The following table lists the parts 

within 46 CFR that are affected by our 

proposal and the specific sections we 

propose to amend. The foregoing 

discussion provides a general 

explanation for each of these changes. 

When additional information is 

required, it appears in the table in 

parentheses. The table omits any 

discussion of numerous minor and 

nonsubstantive style, format, or wording 

changes that we are proposing solely to 

improve the clarity of our regulations. 

TABLE 1—PROPOSED CHANGES TO 46 CFR 

46 CFR part and topic 46 CFR sections affected (& comments) 

25—Uninspected vessels ..................... 25.30–15 (remove paragraph designations and remove redundant second paragraph). 

27—Towing vessels ............................. 27.101. 

28—Commercial fishing industry vessels.28.825. 

31, 34, 35—Tank vessels .................... 31.10–18 (remove flow test requirement in para. (f)), 34.01–15 (incorporation by reference), 34.05–5, 

34.15–50 (new), 34.15–60 (new), 35.40–7, 35.40–8 (new), 35.40–10. 

62—Marine engineering, vital systems 

automation.

62.25–20. 

71, 76, 78—Subchapter H passenger 

vessels (≥ 100 gross tons).

71.20–20, 71.25–20, 71.65–5, 76.05–1, 76.10–5, 76.15–50 (new), 76.16–60 (new), 78.47–9, 78–47.11 

(new), 78.47–17. 


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TABLE 1—PROPOSED CHANGES TO 46 CFR—Continued 

46 CFR part and topic 46 CFR sections affected (& comments) 

91, 95, 97—Cargo & miscellaneous 

vessels.

91.20–20, 91.25–20, 91.55–5, 95.01–2 (incorporation by reference), 95.05–10, 95.10–5, 95.15–5 

(lengthen discharge time from 2 to 10 min. for spaces specially suitable for vehicles to provide greater safety margin and meet the International Maritime Organization’s Safety of Life at Sea (SOLAS) 

requirements), 95.15–30 (provide for nitrogen pilot cylinders), 95.15–50 (new), 95.15–60 (new), 

95.16–1—95.16–90 (new; based on current subpart 95.15, modified and reorganized), 97.37–9, 

97.37–11 (new), 97.37–13. 

107, 108—Mobile offshore drilling units 107.231, 107.235, 108.444 (new), 108.446 (new), 108.626 (new), 108.627, 108.631. 

112—Electrical engineering, emergency lighting & power systems.112.15–5. 

115, 118, 119, 122—Subchapter K 

passenger vessels (< 100 gross tons 

& > 150 passengers or > 49 overnight passengers).

115.810, 118.410, 119.710, 122.612. 

131, 132—Offshore supply vessels ..... 131.815, 131.817 (new), 131.825, 132.350. 

147—Hazardous ships’ stores ............. 147.7 (incorporation by reference), 147.45 (nonsubstantive change), 147.60 (nonsubstantive change), 

147.66 (new), 147.67 (new). 

162—Engineering equipment ............... 162.161–1—162.161–9 (new). 

167—Public nautical school ships ....... 167.45–1, 167.45–45, 167.55–5. 

169—Sailing school vessels ................ 169.247, 169.564, 169.570 (new), 169.571 (new), 169.732, 169.734. 

176, 181, 182, 185—Subchapter T 

passenger vessels (< 100 gross tons 

& ≤ 150 passengers or ≤ 49 passengers overnight).

176.810, 181.410, 182.710, 185.612. 

189, 190, 193, 194, 196—Oceanographic research vessels.189.25–20, 189.55–5, 190.15–5, 193.05–10, 193.10–5, 193.15–16 (new), 193.15–17 (new), 193.15–50 

(new), 194.20–7, 196.37–8 (new), 196.37–9, 196.37–13. 

V. Incorporation by Reference 

Material proposed for incorporation 

by reference appears in 46 CFR 34.01– 

15, 46 CFR 147.7, and 46 CFR 162.161– 

2. You may inspect this material at U.S. 

Coast Guard Headquarters where 

indicated under ADDRESSES. Copies of 

the material are available from the 

sources listed in 46 CFR 34.01–15, 46 

CFR 147.7, and 46 CFR 162.161–2. 

Before publishing a binding rule, we 

will submit this material to the Director 

of the Federal Register for approval of 

the incorporation by reference. 

VI. Regulatory Analysis 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget (OMB) has not reviewed it under 

that Order. 

A draft Regulatory Analysis is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. A summary of the 

preliminary Regulatory Analysis 

follows. 

We propose to amend the current 

regulations for carbon dioxide fire 

suppression systems on commercial 

vessels. The amendments would require 

certain safety requirements for current 

and future users of CO2 systems. The 

proposed rule would require lockout 

valves for certain protected spaces as 

well as for an olfactory additive as a 

warning measure for all CO2 systems. 

The proposed rule would also clarify 

what approved alternatives to CO2

systems may be used to protect some 

spaces on these vessels and would set 

general requirements for alternative 

systems. We do not expect industry 

would incur additional costs as a result 

of the provisions for alternative systems. 

See below for additional discussion of 

alternative systems. 

Carbon dioxide fire suppression 

systems pose a risk of asphyxiation to 

personnel. Lockout valves and olfactory 

additives help protect persons in the 

event of an inadvertent release during 

maintenance. Olfactory additives offer 

additional protection from leaks from a 

protected space to adjacent spaces and 

help alert personnel when CO2 has been 

released. By requiring these features on 

carbon dioxide systems and making a 

wider range of fire suppression systems 

available, the proposed amendments 

would advance the Coast Guard’s 

missions of promoting maritime safety 

and mobility. 

U.S. flag vessel owners are expected 

to incur costs associated with this 

proposed rule. Vessel owners with 

existing CO2 fire suppression systems 

would be required to add the lockout 

valves and olfactory units within five 

years of the publication of the final rule. 

This would allow enough time for 

vessel owners to add these features 

during scheduled vessel maintenance 

periods and would reduce the cost of 

compliance for vessel owners. For 

purposes of this regulatory assessment, 

we assume an equal proportion of 

systems will be retrofitted each year for 

five years. New vessel owners will incur 

the costs as systems are incorporated 

into new ships at construction. 

Affected Population 

Vessels with CO2 fire suppression 

systems that are not in compliance with 

the proposed regulation would be 

required to install lockout valves at 

entrances to all spaces greater than 

6,000 cubic feet in volume where 

personnel may enter, as well as, in 

spaces with 6,000 cubic feet in volume 

or less that do not have a horizontal 

escape for quick escape. Vessels 

equipped with existing CO2 fire 

suppression systems would incur a cost 

for retrofitting valves to the systems. 

Newly constructed vessels installing 

new fire CO2 suppression systems in 

similar spaces would also incur a cost 

for installation of lockout valves, 

although at a lower cost than retrofitting 

systems on existing vessels because 

installations during vessel construction 

are typically less costly. 

Based on Coast Guard Marine 

Investigation Security and Law 

Enforcement (MISLE) data, we estimate 


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1The difference in the vessel populations and 

system counts (lockout valve vs. odorizers) is 

reflective of the large number of extremely small 

sized systems that need odorizers, but do not need 

lockout valves (the balance of 7,815¥3,204 or 

4,611). 

there are potentially 1,702 existing 

vessels with a total of 3,204 CO2 fire 

suppression systems that would require 

lockout valves. The 3,204 existing 

systems consist of 1,054 larger systems 

that would require more expensive 

lockout valves and 2,150 smaller 

systems that would require less 

expensive lockout valves. Using MILSE 

data, we estimate there are potentially 

22 small systems and 12 large systems 

installed each year on new vessels, 

which would be required to have 

lockout valves. 

The population of affected vessels 

that would need to install olfactory 

additives (odorizers) includes all 

existing and new vessels with CO2

systems. All existing vessels with CO2

systems would require a retrofit for each 

protected space. Based on MISLE data, 

we estimate there are potentially 7,815 

systems on 3,567 vessels that would be 

required to install odorizers.1 Each new 

vessel with CO2 systems would also 

require an odorizer for compartments of 

all sizes. Of the new vessels constructed 

annually, we estimate the 46 new 

systems/year installed would require 

odorizers. 

Costs 

Based on industry data, we estimate 

that average 2008 industry prices for 

installed retrofit large and small lockout 

valves are $3,513 and $1,475, 

respectively. Systems that handle more 

than 2,450 pounds of CO2 require a 

valve larger than 2 inches. Of the 3,204 

existing systems affected by this 

proposed rule, 1,054 would require the 

larger, more expensive lockout valves, 

while 2,150 systems require the smaller 

valves for a total undiscounted cost of 

about $6,873,425. The annual 

undiscounted cost for owners of vessels 

with existing systems to meet the 

lockout valve requirement of this 

proposed rule would be approximately 

$1,374,685 for each year of the five-year 

phase-in period. 

Vessel owners wishing to install a 

new CO2 fire suppression system would 

be required to have the lockout valves 

included in the installation. We 

estimate that the annual undiscounted 

industry cost for adding lockout valves 

to new CO2 fire suppression systems to 

be $65,932 per year (based on installed 

costs on new systems of $1,258 for small 

valves and $3,188 for large valves). 

Industry would incur this cost for each 

year over the ten-year period of analysis. 

As for odorizers, we estimate that the 

retrofit installed costs, including three 

warning signs, are $551/unit based on 

industry information. This is about $35 

more than the estimated cost for new 

odorizers installed. With a five-year 

phase-in for all 7,815 systems, 1,563 

systems will be retrofitted on average 

each year. We estimate the total annual 

undiscounted cost of the retrofit will be 

$861,213. For new systems using the 

lockout valve, we estimate the total 

annual undiscounted cost to be about 

$17,558 for all 34 protected areas. For 

the remaining systems not required to 

have a lockout valve, the cost for 

installing odorizers in 12 areas will be 

about $6,197. The total cost per vessel 

would be dependent on the number of 

areas protected by CO2.

We estimated the total cost of this 

rulemaking over a ten-year period to be 

$12.1 million (see Table 2). For the first 

five years, we estimated the 

undiscounted costs to be $2,325,584/ 

year for both retrofits and new 

installations. 

TABLE 2—TOTAL COST OF ADDING LOCKOUT VALVES AND ODORIZERS TO CO2 SYSTEMS

Year Lockout valves Odorizers Total Total 7% 

discount 

Total 3% 

discount 

2011 ..................................................................................... $1,440,617 $884,967 $2,325,584 $2,173,443 $2,257,849 

2012 ..................................................................................... 1,440,617 884,967 2,325,584 2,031,255 2,192,086 

2013 ..................................................................................... 1,440,617 884,967 2,325,584 1,898,370 2,128,239 

2014 ..................................................................................... 1,440,617 884,967 2,325,584 1,774,177 2,066,252 

2015 ..................................................................................... 1,440,617 884,967 2,325,584 1,658,110 2,006,070 

2016 ..................................................................................... 65,932 23,754 89,686 59,762 75,111 

2017 ..................................................................................... 65,932 23,754 89,686 55,582 72,923 

2018 ..................................................................................... 65,932 23,754 89,686 52,198 70,799 

2019 ..................................................................................... 65,932 23,754 89,686 48,783 68,737 

2020 ..................................................................................... 65,932 23,754 89,686 45,592 66,735 

Total .............................................................................. 7,532,745 4,543,609 12,076,354 9,797,543 11,004,801 

Annualized Costs ................................................................. ........................ ........................ ........................ 1,394,950 1,290,198 

Source: USCG Calculations. 

Note: Totals may not add due to rounding. 

For the remaining years, the 

undiscounted costs are $89,686/year 

due to the new installations only. We 

discounted the annual costs at 3 percent 

and 7 percent and also annualized the 

total costs at the same rates. The total 

10-year cost of the proposed rule is $9.8 

million at a 7 percent discount rate and 

$11 million at 3 percent. 

This proposed regulation would 

clarify Coast Guard acceptance of 

alternatives to using CO2 systems. We 

do not believe that these provisions 

would have a cost impact because the 

Coast Guard has been approving 

alternative systems on an ad hoc basis. 

We believe these approved installed 

alternative systems would be compliant 

with the requirements for alternative 

systems proposed in this rulemaking. 

With regard to alternative fire 

suppression systems, the use of 

halocarbon (only one of a number of 

alternatives) fire suppression systems 

has been increasing in recent years 

(2006–2008). Our records indicate that 

industry installed an average of 21 

halocarbon fire suppression systems 

compared to an average of 34 CO2 fire 

suppression systems with capacity over 

6,000 cubic feet during this period. 

Benefits 

The primary benefit associated with 

this proposed rule is the reduction in 

risk of injuries and fatalities related to 

CO2 exposure. CO2 exposure has long 

been recognized as a potential hazard to 

human health. The National Institute of 

Occupational Safety and Health 

(NIOSH), in its publication NIOSH 76– 

194, ‘‘Criteria for a Recommended 


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Standard—Occupational Exposure to 

Carbon Dioxide,’’ available at http:// 

www.cdc.gov/niosh/76-194.html, has set 

criteria for a standard for limits of 

exposure to CO2 in workplace settings. 

Other Federal and industry agencies 

and associations have also recently 

concluded that CO2 fire suppression 

systems could pose a risk. For example, 

the National Fire Prevention 

Association (NFPA) guidance in its 2005 

Edition for CO2 fire suppression systems 

located on land states that ‘‘total 

flooding CO2 suppression systems shall 

not be used in normally occupied 

enclosures’’. In addition, the EPA, in its 

2000 report, ‘‘Carbon Dioxide as a Fire 

Suppressant: Examining the Risk,’’ has 

suggested that clarifying maritime 

regulation would be beneficial to 

reducing accidental exposure. 

The Regulatory Analysis available in 

the docket has additional detail on the 

assessment of the benefits and costs of 

this rulemaking. The assessment also 

contains details and analysis of the 

alternatives considered for this 

rulemaking. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated as well as not being 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

A combined Regulatory Assessment 

and Initial Regulatory Flexibility 

Analysis discussing the impact of this 

proposed rule on small entities is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. 

Our data shows that there are 489 

known entities that owned vessels with 

CO2 fire suppression systems onboard in 

2008. Of the 489, 26 are government 

entities with populations of more than 

50,000 that we excluded from the small 

business analysis. Of the remaining 463 

entities, we were able to find revenue 

and employment information for 100 

entities. Of the 100, we confirmed that 

37 were small as defined by Small 

Business Administration (SBA) size 

standards. 

We assumed the remaining 363 

entities to be small because we were 

unable to find revenue or employment 

information. Given that assumption of 

size, we concluded that small entities 

likely comprise 400 (363 + 37) or 81.8% 

of the total affected population. 

Of the small entities with revenue and 

employee size data, we determined that 

83.8% would have an annual revenue 

impact of less than 1 percent. Further, 

we estimated that the impact on 97.3% 

of these small entities would be less 

than 3% of annual revenue. 

Therefore, the Coast Guard certifies 

under 5 U.S.C. § 605(b) that this 

rulemaking would not have a significant 

economic impact on a substantial 

number of small entities. We are 

interested in the potential impacts from 

this proposed rule on small businesses 

and we request public comment on 

these potential impacts. If you think that 

your business, organization, or 

governmental jurisdiction qualifies as a 

small entity and that this rulemaking 

would have a significant economic 

impact on it, please submit a comment 

to the Docket Management Facility at 

the address under the ‘‘Public 

Participation and Request for 

Comments’’ section of this preamble. In 

your comment, explain why, how, and 

to what degree you think this rule 

would have an economic impact on you. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding the proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule affects your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call Lieutenant 

Commander Suzanne Hemann, CG– 

5214, U.S. Coast Guard, telephone 202– 

372–1356 or send her an e-mail at 

suzanne.e.hemann@uscg.mil. 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 proposed rule would require no 

new collection of information (COI) 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3520). The U.S. Coast 

Guard has been approving alternatives 

to CO2 systems for a number of years 

and accounting for it in COI document 

‘‘OMB Control Number 1625–0035’’. 

This rulemaking would not require any 

new recordkeeping or reporting 

requirements. Satisfactory lockout valve 

and olfactory installation will be 

confirmed by normal future Coast Guard 

inspections. 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

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 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

G. Taking of Private Property 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

H. Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

I. Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 


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safety that might disproportionately 

affect children. 

J. Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

K. Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g. specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standard bodies. 

This proposed rule uses the following 

consensus standards: Underwriters 

Laboratories (UL) standards UL 2127 

entitled ‘‘Standard for Inert Gas Clean 

Agent Extinguishing System Units,’’ UL 

2166 entitled ‘‘Standard for Halocarbon 

Clean Agent Extinguishing System 

Units,’’ and National Fire Protection 

Association (NFPA) 2001 entitled 

‘‘Standard on Clean Agent Fire 

Extinguishing Systems.’’ The proposed 

sections that reference these standards 

and the locations where these standards 

are available are listed in the proposed 

regulatory text for 46 CFR 34.01–15, 

147.7, and 162.161–2. 

This proposed rule also uses technical 

standards other than voluntary 

consensus standards. The test described 

in the regulatory text proposed for 46 

CFR 162.161–6 is in accordance with 

requirements of the International 

Maritime Organization, IMO MSC/ 

Circ.848 entitled ‘‘Revised Guidelines 

for the Approval of Equivalent Fixed 

Gas Fire-Extinguishing Systems, as 

referred to in chapter II–2 of SOLAS 74, 

for machinery spaces and cargo pumprooms’’ and IMO MSC.1/Circ. 1267 

entitled ‘‘Amendments to the Revised 

Guidelines for the Approval of 

Equivalent Fixed Gas Fire-Extinguishing 

Systems, as referred to in chapter II–2 of 

SOLAS 74, for machinery spaces and 

cargo pump-rooms (MSC/Circ. 848)’’. 

The remaining requirements and tests 

were developed by the Coast Guard and 

used to evaluate currently-approved 

carbon dioxide-alternative fire 

suppression systems. These 

requirements are described throughout 

the proposed regulations. They are used 

because we did not find voluntary 

consensus standards that are applicable 

to this rule. If you disagree with our 

analysis of the voluntary consensus 

standards listed above or are aware of 

voluntary consensus standards that 

might apply, but are not listed, please 

send a comment to the docket using one 

of the methods under ADDRESSES. In 

your comment, please explain why you 

disagree with our analysis and/or 

identify voluntary consensus standards 

we have not listed that might apply. 

M. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. This rule involves amending 

the current regulations for carbon 

dioxide fire suppression systems on 

several classes of commercial vessels. 

Exclusion under paragraphs (34)(d) of 

Figure 2.1 of the Instruction and section 

6(a) of the Federal Register, Vol. 67, No. 

141, Tuesday July 23, 2002, page 48243 

apply because this rule pertains to 

regulations concerning the equipping of 

vessels, as well as equipment approval. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects 

46 CFR Part 25 

Fire prevention, Marine safety, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 27 

Fire prevention, Incorporation by 

reference, Marine safety, Reporting and 

recordkeeping requirements, Vessels. 

46 CFR Part 28 

Alaska, Fire prevention, Fishing 

vessels, Marine safety, Occupational 

safety and health, Reporting and 

recordkeeping requirements, Seamen. 

46 CFR Part 31 

Cargo vessels, Marine safety, 

Reporting and recordkeeping 

requirements. 

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 62 

Reporting and recordkeeping 

requirements, Vessels. 

46 CFR Part 71 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 76 

Fire prevention, Marine safety, 

Passenger vessels. 

46 CFR Part 78 

Marine safety, Navigation (water), 

Passenger vessels, Penalties, Reporting 

and recordkeeping requirements. 

46 CFR Part 91 

Cargo vessels, Marine safety, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 95 

Cargo vessels, Fire prevention, 

Incorporation by reference, Marine 

safety. 


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46 CFR Part 97 

Cargo vessels, Marine safety, 

Navigation (water), Reporting and 

recordkeeping requirements. 

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 112 

Vessels. 

46 CFR Part 115 

Fire prevention, Marine safety, 

Passenger vessels, Reporting and 

recordkeeping requirements. 

46 CFR Part 118 

Fire prevention, Marine safety, 

Passenger vessels. 

46 CFR Part 119 

Marine safety, Passenger vessels. 

46 CFR Part 122 

Marine safety, Passenger vessels, 

Penalties, Reporting and recordkeeping 

requirements. 

46 CFR Part 131 

Cargo vessels, Fire prevention, Marine 

safety, Navigation (water), Occupational 

safety and health, 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 162 

Fire prevention, Incorporation by 

reference, Marine safety, Oil pollution, 

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 176 

Fire prevention, Marine safety, 

Passenger vessels, Reporting and 

recordkeeping requirements. 

46 CFR Part 181 

Fire prevention, Marine safety, 

Passenger vessels. 

46 CFR Part 182 

Marine safety, Passenger vessels. 

46 CFR Part 185 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 189 

Marine safety, Oceanographic 

research vessels, Reporting and 

recordkeeping requirements. 

46 CFR Part 190 

Fire prevention, Marine safety, 

Occupational safety and health, 

Oceanographic research vessels. 

46 CFR Part 193 

Fire prevention, Marine safety, 

Oceanographic research vessels. 

46 CFR Part 194 

Explosives, Hazardous materials 

transportation, Marine safety, 

Oceanographic research vessels. 

46 CFR Part 196 

Marine safety, Oceanographic 

research vessels, Reporting and 

recordkeeping requirements. 

For the reasons listed in the preamble, 

the Coast Guard proposes to amend 46 

CFR parts 25, 27, 28, 31, 34, 35, 62, 71, 

76, 78, 91, 95, 97, 107, 108, 112, 115, 

118, 119, 122, 131, 132, 147, 162, 167, 

169, 176, 181, 182, 185, 189, 190, 193, 

194, and 196 as follows: 

PART 25—REQUIREMENTS 

1. The authority citation for Part 25 

continues to read as follows: 

Authority: 33 U.S.C. 1903(b); 46 U.S.C. 

3306, 4102, 4302; Department of Homeland 

Security Delegation No. 0170.1. 

2. Revise § 25.30–15 to read as 

follows: 

§ 25.30–15 Fixed fire-extinguishing 

systems. 

When a fixed fire-extinguishing 

system is installed, it must be a type 

approved or accepted by the 

Commandant (CG–5214) or the 

Commanding Officer, U.S. Coast Guard 

Marine Safety Center. 

PART 27—TOWING VESSELS 

3. The authority citation for Part 27 

continues to read as follows: 

Authority: 46 U.S.C. 3306, 4102 (as 

amended by Pub. L. 104–324, 110 Stat. 3901); 

Department of Homeland Security Delegation 

No. 0170.1. 

4. In § 27.101, in the definition of 

‘‘Fixed fire-extinguishing system’’, revise 

paragraphs (1) and (3), and add a new 

paragraph (4), to read as follows: 

§ 27.101 Definitions. 

* * * * * 

Fixed fire-extinguishing system 

means: 

(1) A carbon dioxide system that 

satisfies 46 CFR 76.15 and the system 

labeling requirements in 46 CFR 78.47– 

7 and 78.47–11 and that is approved by 

the Commandant; 

* * * * * 

(3) A manually-operated water-mist 

system that satisfies NFPA 750 

(incorporated by reference; see 46 CFR 

27.102) and that is approved by the 

Commandant; or 

(4) A clean agent system that satisfies 

46 CFR 95.16 and the labeling 

requirements of 46 CFR 97.37–9 and 

97.37–11 and that is approved by the 

Commandant. 

* * * * * 

PART 28—REQUIREMENTS FOR 

COMMERCIAL FISHING INDUSTRY 

VESSELS 

5. The authority citation for Part 28 

continues to read as follows: 

Authority: 46 U.S.C. 3316, 4502, 4505, 

4506, 6104, 10603; Department of Homeland 

Security Delegation No. 0170.1. 

6. Revise § 28.825(b)(2)(iv) to read as 

follows: 

§ 28.825 Excess fire detection and 

protection equipment. 

* * * * * 

(b) * * * 

(2) * * * 

(iv) The control cabinets or spaces 

containing valves or manifolds for the 

various fire extinguishing systems must 

be distinctly marked in conspicuous red 

letters at least 2 inches high: ‘‘[CARBON 

DIOXIDE/FOAM/CLEAN AGENT—as 

appropriate] FIRE SYSTEM.’’ 

* * * * * 

PART 31—INSPECTION AND 

CERTIFICATION 

7. The authority citation for Part 31 

continues 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; 49 U.S.C. 5103, 5106; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. Section 


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31.10–21 also issued under the authority of 

Sect. 4109, Pub. L. 101–380, 104 Stat. 515. 

8. In § 31.10–18, revise Table 31.10– 

18(c) and paragraph (f) to read as 

follows: 

§ 31.10–18 Firefighting equipment: 

General—TB/ALL. 

* * * * * 

(c) * * * 

TABLE 31.10–18(c) 

Type system Test 

Foam .................................... Systems utilizing a soda solution must have that solution replaced. In all cases, ascertain that powder is not 

caked. 

Carbon dioxide ..................... Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms, 

and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system 

manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. 

Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be 

tested or renewed, as required by 46 CFR 147.60 and 147.65. 

Halon 1301 and halocarbon Recharge or replace if weight loss exceeds 5% of weight of charge, or, if cylinder has a pressure gauge, recharge cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders 

must be tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. 

NOTE: Halon 1301 system approvals have expired, but existing systems may be retained if they are in good and 

serviceable condition to the satisfaction of the Coast Guard inspector. 

Inert gas ............................... Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Ensure that nozzles are unobstructed. 

Cylinders must be tested and marked, and all flexible connections on fixed inert extinguishers must be tested 

or renewed, as required by 46 CFR 147.60 and 147.66. 

Water mist ............................ Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual. 

* * * * * 

(f) The marine inspector must check 

all fire extinguishing system piping, 

controls, valves, and alarms to ascertain 

that the system is in good operating 

condition. For carbon dioxide or clean 

agent systems as described in 46 CFR 

subpart 95.16, the marine inspector 

must: 

(1) Verify that flow is continuous and 

that the piping and nozzles are 

unobstructed; and 

(2) Verify that any discharge delays 

and pre-discharge alarms function 

properly during the flow test. 

* * * * * 

PART 34—FIREFIGHTING EQUIPMENT 

9. The authority citation for Part 34 

continues to read as follows: 

Authority: 46 U.S.C. 3306, 3703; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

10. Revise § 34.01–15 to read as 

follows: 

§ 34.01–15 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a). To enforce any edition other 

than that specified in paragraph (b) of 

this section, the Coast Guard must 

publish notice of change in the Federal 

Register and make the material available 

to the public. All approved material is 

on file at the U.S. Coast Guard, Office 

of Design and Engineering Standards 

(CG–521), 2100 2nd Street, SW., Stop 

7126, Washington, DC 20593–7126 or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. All 

material is available from the sources 

indicated in paragraph (b) of this 

section. 

(b) The material approved for 

incorporation by reference in this part 

and the sections affected are: 

(1) American Society for Testing and 

Materials (ASTM) 

100 Barr Harbor Drive, West 

Conshohocken, PA 19428–2959. 

(2) ASTM F 1121–87 (Reapproved 

1993), Standard Specification for 

International Shore Connections for 

Marine Fire Applications, 1987. 

(c) National Fire Protection 

Association (NFPA) 1 Batterymarch 

Park, Quincy, MA 02269–9101. 

(1) NFPA 13–1996, Standard for the 

Installation of Sprinkler Systems— 

34.30–1. 

(2) NFPA 2001–2008, Standard on 

Clean Agent Fire Extinguishing 

Systems—34.05–5(a)(4). 

11. In § 34.05–5, revise the section 

heading and paragraphs (a)(3) through 

(7) to read as follows: 

§ 34.05–5 Fire extinguishing systems— 

T/ALL. 

(a) * * * 

(3) Lamp and paint lockers and 

similar spaces. A carbon dioxide or 

clean agent system as described in 46 

CFR subpart 95.16 or a water spray 

system must be installed in all lamp and 

paint lockers, oil rooms, and similar 

spaces. 

(4) Pump rooms. A carbon dioxide or 

clean agent system as described in 46 

CFR subpart 95.16, a foam spray system, 

or water spray system must be installed 

for the protection of all pump rooms. If 

a clean agent system is installed for the 

pump room of a tank ship carrying 

chemical cargos, the amount of 

extinguishing agent must be determined 

by using the agent design concentration 

determined by the cup burner method, 

described in NFPA 2001 (incorporated 

by reference; see 46 CFR 34.01–15) for 

the cargo requiring the greatest amount 

of agent. 

(5) Boiler rooms. On tankships 

contracted for on or after November 19, 

1952, a carbon dioxide or clean agent 

system as described in 46 CFR subpart 

95.16 or a foam system must be installed 

to protect any space containing a main 

or auxiliary oil fired boiler, the boiler 

fuel oil service pump, or any fuel oil 

units such as heaters, strainers, valves, 

manifolds, etc., that are subject to the 

discharge pressure of the fuel oil service 

pumps. 


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(6) Machinery spaces. A carbon 

dioxide or clean agent system as 

described in 46 CFR subpart 95.16 must 

be installed to protect any machinery 

space containing an internal 

combustion-propelling engine that uses 

fuel having a flashpoint of less than 110 

degrees Fahrenheit. 

(7) Internal combustion installations. 

A fire extinguishing system must be 

provided for an internal combustion 

installation and: 

(i) The system must be a carbon 

dioxide or clean agent system as 

described in 46 CFR subpart 95.16; 

(ii) On vessels of 1,000 gross tons and 

over on an international voyage, the 

construction or conversion of which is 

contracted for on or after May 26, 1965, 

a carbon dioxide or clean agent system 

as described in 46 CFR subpart 95.16 

must be installed in any space 

containing internal combustion or gas 

turbine main propulsion machinery, 

auxiliaries with an aggregate power of 

1,000 b.h.p. or greater, or their fuel oil 

units, including purifiers, valves, and 

manifolds; and 

(iii) On vessels of 1,000 gross tons and 

over, the construction, conversion or 

automation of which is contracted for 

on or after January 1, 1968, a carbon 

dioxide or clean agent system as 

described in 46 CFR subpart 95.16 must 

be installed in any space containing 

internal combustion or gas turbine main 

propulsion machinery, auxiliaries with 

an aggregate power of 1,000 b.h.p. or 

greater, or their fuel oil units, including 

purifiers, valves and manifolds. 

* * * * * 

12. Add a new § 34.15–50 to read as 

follows: 

§ 34.15–50 Lockout valves—T/ALL. 

(a) A lockout valve must be provided 

on any carbon dioxide extinguishing 

system protecting a space over 6,000 

cubic feet in volume or a space 6,000 

cubic feet or less in volume that does 

not have a horizontal escape. 

(b) The lockout valve must be a 

manually operated valve located in the 

discharge manifold prior to the stop 

valve or selector valves. When in the 

closed position, the lockout valve must 

provide complete isolation of the system 

from the protected space or spaces, 

making it impossible for carbon dioxide 

to discharge in the event of equipment 

failure during maintenance. 

(c) The lockout valve design or 

locking mechanism must make it 

obvious whether the valve is open or 

closed. 

(d) A valve is considered a lockout 

valve if it has a hasp or other means of 

attachment to which, or through which, 

a lock can be affixed, or it has a locking 

mechanism built into it. 

(e) The lockout valve must be locked 

in the closed position whenever 

maintenance is performed on the 

extinguishing system. The master must 

ensure that the lockout valve is locked 

in the open position when maintenance 

is complete and the system is returned 

to operable condition. 

(f) Lockout valves added to existing 

systems must be approved by the 

Commandant for use in the system. 

(g) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the lockout valve 

requirements of this section not later 

than [DATE 5 YEARS AFTER 

EFFECTIVE DATE OF RULE]. 

13. Add new § 34.15–60 to read as 

follows: 

§ 34.15–60 Olfactory additives—T/ALL. 

(a) Each carbon dioxide extinguishing 

system must have an approved 

odorizing unit to produce the scent of 

wintergreen, the detection of which will 

serve as an indication that carbon 

dioxide gas is present in a protected 

area and any other area into which the 

carbon dioxide may migrate. 

(b) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the requirements of this 

section not later than [DATE 5 YEARS 

AFTER EFFECTIVE DATE OF RULE]. 

PART 35—OPERATIONS 

14. The authority citation for Part 35 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. 

15. Revise § 35.40–7 to read as 

follows: 

§ 35.40–7 Carbon dioxide and clean agent 

alarms—T/ALL. 

Each carbon dioxide or clean agent 

fire extinguishing alarm installed after 

November 19, 1952, must be 

conspicuously marked: ‘‘WHEN ALARM 

SOUNDS VACATE AT ONCE. CARBON 

DIOXIDE OR CLEAN AGENT BEING 

RELEASED.’’ 

16. Add a new § 35.40–8 to read as 

follows: 

§ 35.40–8 Carbon dioxide olfactory 

warning signs—T/ALL. 

Each entrance to a space storing 

carbon dioxide cylinders, a space 

protected by carbon dioxide systems, or 

any space into which carbon dioxide 

might migrate must be conspicuously 

marked as follows: 

(a) Spaces storing carbon dioxide— 

‘‘CARBON DIOXIDE GAS CAN CAUSE 

INJURY OR DEATH. VENTILATE THE 

AREA BEFORE ENTERING. A HIGH 

CONCENTRATION CAN OCCUR IN THIS 

AREA AND CAN CAUSE 

SUFFOCATION.’’ 

(b) Spaces protected by carbon 

dioxide—‘‘CARBON DIOXIDE GAS CAN 

CAUSE INJURY OR DEATH. WHEN 

ALARM OPERATES OR 

WINTERGREEN SCENT IS DETECTED, 

DO NOT ENTER UNTIL VENTILATED. 

LOCK-OUT SYSTEM WHEN 

SERVICING.’’ 

(c) Spaces into which carbon dioxide 

might migrate—‘‘CARBON DIOXIDE 

GAS CAN CAUSE INJURY OR DEATH. 

DISCHARGE INTO NEARBY SPACE 

CAN COLLECT HERE. WHEN ALARM 

OPERATES OR WINTERGREEN SCENT 

IS DETECTED VACATE 

IMMEDIATELY.’’ 

17. Revise § 35.40–10 to read as 

follows: 

§ 35.40–10 Steam, foam, carbon dioxide, 

or clean agent fire smothering apparatus— 

TB/ALL. 

Each steam, foam, carbon dioxide, or 

clean agent fire fighting apparatus must 

be marked ‘‘[CARBON DIOXIDE/ 

STEAM/FOAM/CLEAN AGENT—as 

appropriate] FIRE APPARATUS,’’ in red 

letters at least 2 inches high. Branch 

pipe valves leading to the several 

compartments must be distinctly 

marked to indicate the compartments or 

parts of the vessel to which they lead. 

PART 62—VITAL SYSTEM 

AUTOMATION 

18. The authority citation for Part 62 

continues to read as follows: 

Authority: 46 U.S.C. 3306, 3703, 8105; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

19. Revise § 62.25–20(d)(1)(ii) to read 

as follows: 

§ 62.25–20 Instrumentation, alarms, and 

centralized stations. 

* * * * * 

(d) * * * 

(1) * * * 

(ii) Fire, general alarm, carbon 

dioxide/Halon 1301/clean agent, vital 

machinery, flooding, engineers’ 

assistance-needed, and non-vital alarms. 

* * * * * 

PART 71—INSPECTION AND 

CERTIFICATION 

20. The authority citation for Part 71 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

2113, 3205, 3306, 3307; E.O. 12234, 45 FR 


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58801, 3 CFR, 1980 Comp., p. 277; E.O. 

12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 

351; Department of Homeland Security 

Delegation No. 0170.1. 

21. Revise § 71.20–20(b) to read as 

follows: 

§ 71.20–20 Specific tests and inspections. 

* * * * * 

(b) Installation of carbon dioxide or 

clean agent extinguishing piping in 

accordance with 46 CFR 76.15–15 and 

46 CFR subpart 95.16. 

* * * * * 

22. In § 71.25–20, revise the section 

heading and Table 71.25–20(a)(2) to 

read as follows: 

§ 71.25–20 Fire detecting and 

extinguishing equipment. 

(a) * * * 

(2) * * * 

TABLE 71.25–20(a)(2) 

Type system Test 

Foam .................................... Systems utilizing a soda solution must have that solution replaced. In all cases, ascertain that powder is not 

caked. 

Carbon dioxide ..................... Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms, 

and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system 

manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. 

Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be 

tested or renewed, as required by 46 CFR 147.60 and 147.65. 

Halon 1301 and halocarbon Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge 

cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be 

tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. 

NOTE: Halon 1301 system approvals have expired, but existing systems may be retained if they are in good and 

serviceable condition to the satisfaction of the Coast Guard inspector. 

Inert gas ............................... Recharge or replace cylinder if cylinder pressure loss exceeds 5%of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Ensure that nozzles are unobstructed. 

Cylinders must be tested and marked, and all flexible connections on fixed inert extinguishers must be tested 

or renewed, as required by 46 CFR 147.60 and 147.66. 

Water mist ............................ Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual. 

* * * * * 

23. Revise § 71.65–5(d)(6) to read as 

follows: 

§ 71.65–5 Plans and specifications 

required for new construction. 

* * * * * 

(d) * * * 

(6) Extinguishing systems, including 

fire main, carbon dioxide, clean agent, 

foam, and sprinkling systems. 

* * * * * 

PART 76—FIRE PROTECTION 

EQUIPMENT 

24. The authority citation for Part 76 

continues to read as follows: 

Authority: 46 U.S.C. 3306; E.O. 12234, 45 

FR 58801, 3 CFR, 1980 Comp., p. 277; 

Department of Homeland Security Delegation 

No. 0170.1. 

25. Revise § 76.05–1 to read as 

follows: 

§ 76.05–1 Fire detecting systems. 

(a) On the following vessels, approved 

fire detecting systems must be installed 

in the locations indicated by Table 

76.05–1(a): 

(1) Any vessel on an international 

voyage; 

(2) Any vessel of more than 150 feet 

in length having sleeping 

accommodations for passengers; and 

(3) Any vessel of 150 feet or less in 

length that has sleeping 

accommodations for 50 or more 

passengers. Vessels that are not on an 

international voyage are not required to 

have a detecting system in the cargo 

spaces. 

TABLE 76.05–1(a) 

Space Detecting systems Fixed extinguishing systems 

Safety areas 

Wheelhouse or fire-control room ....................... None required 1 ................................................ None required.1

Stairway and elevator enclosures ..................... None required 1 ................................................ None required.1

Communication corridors ................................... None required 1 ................................................ None required.1

Lifeboat embarkation and lowering stations ...... None required 1 ................................................ None required.1

Radio room ........................................................ None required 1 ................................................ None required.1

Accommodations 

Staterooms, toilet spaces, isolated pantries, etc None required 1 ................................................ None required.1

Offices, lockers, and isolated storerooms ......... Electric, pneumatic, or automatic sprinkling 1 .. None required.1

Public spaces .................................................... None required with 20-minute patrol. Electric, 

pneumatic, or automatic sprinkling with 1 

hour patrol.1

None required.1


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TABLE 76.05–1(a)—Continued 

Space Detecting systems Fixed extinguishing systems 

Open decks or enclosed promenades .............. None required ................................................... None required. 

Service spaces 

Galleys ............................................................... None required 1 ................................................ None required.1

Main pantries ..................................................... None required 1 ................................................ None required.1

Motion picture booths and film lockers ............. Electric, pneumatic, or automatic sprinkling 1 2 None required.1

Paint and lamp rooms ....................................... Smoke detecting 2 ............................................ Carbon dioxide 3 system or carbon dioxide-alternative system as described in 46 CFR 

subpart 95.16. 

Inaccessible baggage, mail, and specie rooms 

and storerooms.

Smoke detecting 2 ............................................ Carbon dioxide.3

Accessible baggage, mail, and specie rooms 

and storerooms.

Electric, pneumatic, or automatic sprinkling .... None required.1

Refrigerated storerooms .................................... None required ................................................... None required. 

Carpenter, valet, photographic, and printing 

shops, sales rooms, etc.

Electric, pneumatic, or automatic sprinkling .... None required.1

Machinery spaces 

Coal fired boilers: Bunker and boiler space ...... None required ................................................... None required.1

Oil fired boilers: Spaces containing oil fired 

boilers either main or auxiliary, their fuel oil 

service pumps, and/or such other fuel oil 

units as the heaters, strainers, valves, manifolds, etc., that are subject to the discharge 

pressure of the fuel oil service pumps, together with adjacent spaces to which oil can 

drain.

None required ................................................... Carbon dioxide system or carbon dioxide-alternative system as described in 46 CFR 

subpart 95.16 or foam.4

Internal combustion or gas turbine propelling 

machinery spaces.

None required ................................................... Carbon dioxide system or carbon dioxide-alternative system as described in 46 CFR 

subpart 95.16.5

Electric propulsive motors or generators of 

open type.

None required ................................................... None required. 

Enclosed ventilating systems for motors and 

generators of electric propelling machinery.

None required ................................................... Carbon dioxide system or carbon dioxide-alternative system as described in 46 CFR 

subpart 95.16 (in ventilating system).7

Auxiliary spaces, internal combustion, or gas 

turbine.

None required ................................................... Carbon dioxide system or carbon dioxide-alternative system as described in 46 CFR 

subpart 95.16.7

Auxiliary spaces, electric motors, or generators None required ................................................... None required.

Auxiliary spaces, steam ..................................... None required ................................................... None required. 

Trunks to machinery spaces ............................. None required ................................................... None required. 

Fuel tanks .......................................................... None required ................................................... None required.8

Cargo spaces 

Inaccessible during voyage (combustible 

cargo), including trunks (excluding tanks).

Smoke detecting ............................................... Carbon dioxide.3

Accessible during voyage (combustible cargo) Smoke detecting, electric, pneumatic or automatic sprinkling.Automatic or manual sprinkling. 

Vehicular deck (except where no overhead 

deck is 30 feet in length or less).

None required ................................................... Manual sprinkling. 

Cargo oil tanks .................................................. None required ................................................... Carbon dioxide or foam.3

Specially suitable for vehicles ........................... Smoke detecting, electric, pneumatic or automatic sprinkling.Carbon dioxide, automatic or manual sprinkling. 

Notes to Table 76.05–1(a) 

1Vessels of 100 gross tons and over contracted for, on, or before May 27, 1936, and having combustible joiner work must be fitted with an 

automatic sprinkling system, except in relatively incombustible spaces. 2On vessels contracted for prior to November 19, 1952, electric or pneumatic detecting may be substituted. 

3On vessels contracted for prior to January 1, 1962, a steam smothering system may be accepted. However, although existing steam smothering systems may be repaired, replaced, or extended, no new system contracted for on or after January 1, 1962, will be permitted. 4Protection of auxiliary boilers, fuel oil units, valves, and manifolds are not required on vessels contracted for prior to November 19, 1952. 5 Not required on vessels less than 300 gross tons (except on an international voyage) using fuel with a flashpoint higher than 110° F., where 

the space is normally manned. 6 Not required on vessels contracted for prior to November 19, 1952. 

7 Not required on vessels less than 300 gross tons nor on vessels contracted for prior to November 19, 1952, except when fuel, including starting fuel, has a flashpoint of 110 °F. or less. 8When fuel with a flashpoint of 110 °F. or lower is used, the space containing the fuel tanks must be protected by a carbon dioxide system or 

carbon dioxide-alternative system as described in 46 CFR subpart 95.16. 


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(b) The arrangements and details of 

the fire detecting systems must meet the 

requirements in subparts 76.25 through 

76.33 of this part. 

26. Revise § 76.10–5(h) to read as 

follows: 

§ 76.10–5 Fire pumps. 

* * * * * 

(h) If a vessel uses main or auxiliary 

oil fired boilers or internal combustion 

propulsion machinery, when two fire 

pumps are required, this equipment 

must be located in separate spaces and 

the arrangement of pumps, sea 

connections, and sources of power must 

be arranged to ensure that a fire in any 

one space will not put all of the fire 

pumps out of operation. However, in 

vessels of less than 300 feet in length, 

when it is shown to the satisfaction of 

the Commandant that it is unreasonable 

or impracticable to meet this 

requirement due to the size or 

arrangement of the vessel, or for other 

reasons, the installation of a total 

flooding carbon dioxide or clean agent 

extinguishing system may be accepted 

as an alternate method of extinguishing 

any fire that affects the powering and 

operation of at least one of the required 

fire pumps. 

27. Add a new § 76.15–50 to read as 

follows: 

§ 76.15–50 Lockout valves. 

(a) A lockout valve must be provided 

on any carbon dioxide extinguishing 

system protecting a space over 6,000 

cubic feet in volume or a space 6,000 

cubic feet or less in volume that does 

not have a horizontal escape. 

(b) The lockout valve must be a 

manually operated valve located in the 

discharge manifold prior to the stop 

valve or selector valves. When in the 

closed position, the lockout valve must 

provide complete isolation of the system 

from the protected space or spaces, 

making it impossible for carbon dioxide 

to discharge in the event of equipment 

failure during maintenance. 

(c) The lockout valve design or 

locking mechanism must make it 

obvious whether the valve is open or 

closed. 

(d) A valve is considered a lockout 

valve if it has a hasp or other means of 

attachment to which, or through which, 

a lock can be affixed, or it has a locking 

mechanism built into it. 

(e) The lockout valve must be locked 

in the closed position whenever 

maintenance is performed on the 

extinguishing system. The master must 

ensure that the lockout valve is locked 

in the open position when maintenance 

is complete and the system is returned 

to operable condition. 

(f) Lockout valves added to existing 

systems must be included in the system 

Type Approval or acceptable to the 

Marine Safety Center 

(g) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the lockout valve 

requirements of this section not later 

than [DATE 5 YEARS AFTER 

EFFECTIVE DATE OF RULE]. 

28. Add a new § 76.15–60 to read as 

follows: 

§ 76.15–60 Olfactory additives. 

(a) Each carbon dioxide extinguishing 

system must have an approved 

odorizing unit to produce the scent of 

wintergreen, the detection of which will 

serve as an indication that carbon 

dioxide gas is present in a protected 

area and any other area into which the 

carbon dioxide may migrate. 

(b) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the requirements of this 

section not later than [DATE 5 YEARS 

AFTER EFFECTIVE DATE OF RULE]. 

PART 78—-OPERATIONS 

29. The authority citation for Part 78 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. 

30. Revise § 78.47–9 to read as 

follows: 

§ 78.47–9 Carbon dioxide and clean agent 

alarms. 

Each carbon dioxide or clean agent 

fire extinguishing alarm must be 

conspicuously marked: ‘‘WHEN ALARM 

SOUNDS VACATE AT ONCE. CARBON 

DIOXIDE OR CLEAN AGENT BEING 

RELEASED.’’ 

31. Add a new § 78.47–11 to read as 

follows: 

§ 78.47–11 Carbon dioxide olfactory 

warning signs. 

Each entrance to a space storing 

carbon dioxide cylinders, a space 

protected by carbon dioxide systems, or 

any space into which carbon dioxide 

might migrate must be conspicuously 

marked as follows: 

(a) Spaces storing carbon dioxide— 

‘‘CARBON DIOXIDE GAS CAN CAUSE 

INJURY OR DEATH. VENTILATE THE 

AREA BEFORE ENTERING. A HIGH 

CONCENTRATION CAN OCCUR IN 

THIS AREA AND CAN CAUSE 

SUFFOCATION.’’ 

(b) Spaces protected by carbon 

dioxide—‘‘CARBON DIOXIDE GAS CAN 

CAUSE INJURY OR DEATH. WHEN 

ALARM OPERATES OR 

WINTERGREEN SCENT IS DETECTED, 

DO NOT ENTER UNTIL VENTILATED. 

LOCK–OUT SYSTEM WHEN 

SERVICING.’’ 

(c) Spaces into which carbon dioxide 

might migrate—‘‘CARBON DIOXIDE 

GAS CAN CAUSE INJURY OR DEATH. 

DISCHARGE INTO NEARBY SPACE 

CAN COLLECT HERE. WHEN ALARM 

OPERATES OR WINTERGREEN SCENT 

IS DETECTED VACATE 

IMMEDIATELY.’’ 

32. Revise § 78.47–17 to read as 

follows: 

§ 78.47–17 Fire extinguishing system 

controls. 

Each control cabinet or space 

containing valves or manifolds for a fire 

extinguishing system must be distinctly 

marked in conspicuous red letters at 

least 2 inches high: ‘‘[CARBON 

DIOXIDE/STEAM/FOAM/WATER 

SPRAY/MANUAL SPRINKLING/ 

AUTOMATIC SPRINKLING/CLEAN 

AGENT—as appropriate] FIRE 

SYSTEM.’’ 

PART 91—INSPECTION AND 

CERTIFICATION 

33. The authority citation for Part 91 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

3205, 3306, 3307; 46 U.S.C. Chapter 701; 

Executive Order 12234; 45 FR 58801; 3 CFR, 

1980 Comp., p. 277; Executive Order 12777, 

56 FR 54757, 3 CFR, 1991 Comp., p. 351; 

Department of Homeland Security Delegation 

No. 0170.1. 

34. Revise § 91.20–20(b) to read as 

follows: 

§ 91.20–20 Specific tests and inspections. 

* * * * * 

(b) For installation of carbon dioxide 

fire extinguishing system piping, see 46 

CFR 95.15–15. For clean agent fire 

extinguishing piping, see 46 CFR 95.16– 

15. 

* * * * * 

35. In § 91.25–20, revise the section 

heading and Table 91.25–20(a)(2) to 

read as follows: 

§ 91.25–20 Fire extinguishing equipment. 

(a) * * * 

(2) * * * 


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TABLE 91.25–20(a)(2) 

Type system Test 

Foam .................................... Systems utilizing a soda solution must have that solution replaced. In all cases, ascertain that powder is not 

caked. 

Carbon dioxide ..................... Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms, 

and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system 

manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. 

Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be 

tested or renewed, as required by 46 CFR 147.60 and 147.65. 

Halon 1301 and halocarbon Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge 

cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be 

tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. 

NOTE: Halon 1301 system approvals have expired, but existing systems may be retained if they are in good and 

serviceable condition to the satisfaction of the Coast Guard inspector. 

Inert gas ............................... Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Ensure that nozzles are unobstructed. 

Cylinders must be tested and marked, and all flexible connections on fixed inert extinguishers must be tested 

or renewed, as required by 46 CFR 147.60 and 147.66. 

Water mist ............................ Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual. 

* * * * * 

36. Revise § 91.55–5(d)(4) to read as 

follows: 

§ 91.55–5 Plans and specifications 

required for new construction. 

* * * * * 

(d) * * * 

(4) Details of extinguishing systems, 

including fire mains, carbon dioxide, 

clean agent, foam, and sprinkling 

systems. 

* * * * * 

PART 95—FIRE PROTECTION 

EQUIPMENT 

37. The authority citation for Part 95 

continues to read as follows: 

Authority: 46 U.S.C. 3306; E.O. 12234, 45 

FR 58801, 3 CFR, 1980 Comp., p. 277; 

Department of Homeland Security Delegation 

No. 0170.1. 

38. Revise § 95.05–10(e)(3)(ii) to read 

as follows: 

§ 95.05–10 Fixed fire extinguishing 

systems. 

* * * * * 

(e) * * * 

(3) * * * 

(ii) On vessels of 1,000 gross tons and 

greater, a fixed carbon dioxide or clean 

agent system as described in subpart 

95.16 of this part must be installed in 

any space that contains internal 

combustion or gas turbine main 

propulsion machinery, or auxiliary 

machinery with an aggregate power of 

1,000 b.h.p. or greater, or the fuel oil 

units of such machinery, including 

purifiers, valves, and manifolds. 

* * * * * 

39. In § 95.10–5(h), revise the second 

sentence to read as follows: 

§ 95.10–5 Fire pumps. 

* * * * * 

(h) * * * However, when it is shown 

to the satisfaction of the Commandant 

that it is unreasonable or impracticable 

to meet this requirement due to the size 

or arrangement of the vessel, or for other 

reasons, the installation of a total 

flooding carbon dioxide or clean agent 

system may be accepted as an alternate 

method of extinguishing any fire that 

could affect the powering and operation 

of at least one of the required fire 

pumps. 

40. Revise § 95.15–5(e)(2) to read as 

follows: 

§ 95.15–5 Quantity, pipe sizes, and 

discharge rates. 

* * * * * 

(e) * * * 

(2) The valves must be arranged so 

that the required quantity of carbon 

dioxide is discharged into any ‘‘tight’’ 

space. The discharge of two thirds of the 

required quantity of carbon dioxide 

must be completed within 10 minutes. 

Any faster discharge rate is also 

acceptable. 

* * * * * 

41. Revise § 95.15–30 to read as 

follows: 

§ 95.15–30 Alarms. 

(a) A protected space must be fitted 

with an approved audible alarm if: 

(1) The space is normally accessible to 

persons onboard while the vessel is 

being navigated; and 

(2) Is not a paint locker or similar 

small space. 

(b) The alarm must: 

(1) Sound automatically and audibly 

for at least 20 seconds before carbon 

dioxide is discharged into the space; 

(2) Be conspicuously and centrally 

located and be marked as required by 46 

CFR 97.37–9; and 

(3) Use stored gas power provided by 

the extinguishing agent, gas from pilot 

cylinders, or gas from cylinders 

specifically provided to power the 

alarms. 

(c) For systems installed on or after 

July 1, 1957, alarms are mandatory only 

for systems required to be fitted with a 

delayed discharge. 

42. Add a new § 95.15–50 to read as 

follows: 

§ 95.15–50 Lockout valves. 

(a) A lockout valve must be provided 

on any carbon dioxide extinguishing 

system protecting a space over 6,000 

cubic feet in volume or a space 6,000 

cubic feet or less in volume that does 

not have a horizontal escape. 

(b) The lockout valve must be a 

manually operated valve located in the 

discharge manifold prior to the stop 

valve or selector valves. When in the 

closed position, the lockout valve must 

provide complete isolation of the system 

from the protected space or spaces, 

making it impossible for carbon dioxide 

to discharge in the event of equipment 

failure during maintenance. 

(c) The lockout valve design or 

locking mechanism must make it 

obvious whether the valve is open or 

closed. 


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(d) A valve is considered a lockout 

valve if it has a hasp or other means of 

attachment to which, or through which, 

a lock can be affixed, or it has a locking 

mechanism built into it. 

(e) The lockout valve must be locked 

in the closed position whenever 

maintenance is performed on the 

extinguishing system. The master must 

ensure that the lockout valve is locked 

in the open position when maintenance 

is complete and the system is returned 

to operable condition. 

(f) Lockout valves added to existing 

systems must be approved by the 

Commandant for use in the system. 

(g) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the lockout valve 

requirements of this section not later 

than [DATE 5 YEARS AFTER 

EFFECTIVE DATE OF RULE]. 

43. Add a new § 95.15–60 to read as 

follows: 

§ 95.15–60 Olfactory warnings. 

(a) Each carbon dioxide extinguishing 

system must have an approved 

odorizing unit to produce the scent of 

wintergreen, the detection of which will 

serve as an indication that carbon 

dioxide gas is present in a protected 

area and any other area into which the 

carbon dioxide may migrate. 

(b) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the requirements of this 

section not later than [DATE 5 YEARS 

AFTER EFFECTIVE DATE OF RULE]. 

44. Add a new subpart 95.16 to read 

as follows: 

Subpart 95.16—Fixed Clean Agent Gas 

Extinguishing Systems, Details 

Sec. 

95.16–1 Application. 

95.16–5 Controls. 

95.16–10 Piping, fittings, valves, nozzles. 

95.16–15 Extinguishing agent: quantity. 

95.16–20 Extinguishing agent: cylinder 

storage. 

95.16–25 Manifold and cylinder 

arrangements. 

95.16–30 Enclosure openings. 

95.16–35 Pressure relief. 

95.16–40 Locked spaces. 

95.16–45 Discharge delays and alarms. 

95.16–50 Instructions. 

95.16–60 System piping installation testing. 

95.16–90 Installations contracted for prior 

to [EFFECTIVE DATE OF THIS RULE]. 

Subpart 95.16—Fixed Clean Agent Gas 

Extinguishing Systems, Details 

§ 95.16–1 Application. 

(a) ‘‘Clean agent’’ means a halocarbon 

or inert gas used as a fire extinguishing 

agent. 

(b) A clean agent extinguishing 

system must comply with this part. 

Systems contracted for prior to [THE 

EFFECTIVE DATE OF THIS RULE] may, 

as an alternative, comply with 46 CFR 

95.16–90. 

(c) Each clean agent system must: 

(1) Be of a total flooding type to 

protect against Class B and Class C 

hazards as defined in 46 CFR 95.50–5; 

(2) Address and minimize any hazard 

to personnel created by the effects of 

extinguishing agent decomposition 

products and combustion products, 

especially the effects of decomposition 

product hydrogen fluoride (HF), if 

applicable; 

(3) Be accompanied by an approved 

manufacturer’s design, installation, 

operation, and maintenance manual that 

provides safety and remedial 

instructions; 

(4) Be used only to protect enclosed 

spaces; 

(5) Not employ electric power for 

system actuation, controls, or alarms; 

and 

(6) Not use any source of power for 

alarms in protected spaces, other than 

the extinguishing agent, gas from pilot 

cylinders, or gas from cylinders 

specifically provided to power the 

alarms. 

§ 95.16–5 Controls. 

(a) At least one releasing station must 

be installed near the main entrance/exit 

to the protected space. 

(b) System controls must be of an 

approved type and be suitably protected 

from damage and located outside the 

protected space. 

(c) Systems must have releasing 

stations consisting of one control to 

operate the stop valve to the protected 

space and a second control to release at 

least the required amount of agent. 

These two controls must be located in 

a box or other enclosure clearly 

identified for the particular space. 

(d) Systems protecting a single space 

not exceeding 6,000 cubic feet in gross 

volume may be installed without a stop 

valve if a suitable horizontal means of 

escape from the space exists. 

(e) Controls may not be located in any 

space that could be cut off from the 

operator in the event of fire in the 

protected space. 

(f) Where the extinguishing agent can 

be released by remote control, the 

system must have a manual local 

control at the cylinders. 

(g) A pneumatic releasing control 

must have a local mechanical manual 

override feature. 

(h) Automatic discharge arrangements 

may be used for spaces having a volume 

less than 6,000 cubic feet. However, 

automatic discharge is required for 

spaces having a volume less than 6,000 

cubic feet where the agent is stored in 

the protected space, as allowed by 46 

CFR 95.16–20. 

(i) A system designed to use gas 

pressure from one or more agent storage 

cylinders and provide pilot pressure to 

actuate the release of extinguishing 

agent from other storage cylinders that 

contains three or more total storage 

cylinders must be equipped with at least 

two designated pilot cylinders, each of 

which is capable of manual control at 

the pilot cylinder. 

§ 95.16–10 Piping, fittings, valves, nozzles. 

(a) Piping, fittings, and valves must 

be: 

(1) In accordance with the 

manufacturer’s approved design, 

installation, operation, and maintenance 

manual; 

(2) Securely supported and when 

necessary protected against damage; 

(3) Protected inside and out against 

corrosion; and 

(4) Equipped with: 

(i) Dead end lines (dirt traps) that 

extend at least 2 inches beyond the last 

nozzle of each distribution line and that 

are closed with a cap or plug; and 

(ii) Drains and dirt traps, fitted where 

necessary to prevent dirt or moisture 

accumulation and located in accessible 

locations where possible. 

(b) Piping requirements. Piping must 

be: 

(1) Used exclusively for extinguishing 

system purposes; 

(2) Protected by a pressure relief valve 

or equivalent in sections where gas 

pressure can be trapped between closed 

valves; and 

(3) Welded if it passes through living 

quarters. 

(c) Piping prohibitions. Piping must 

not: 

(1) Use rolled groove or cut groove 

ends; or 

(2) Be fitted with drains or other 

openings if it passes through living 

quarters. 

(d) Valve requirements. Valves for 

system operation must be: 

(1) Outside the protected space, and 

(2) Marked, if serving a branch line, 

to indicate the space the branch line 

serves. 

(e) Valve prohibitions. Valves may not 

be located in any space that could be cut 

off from the operator in the event of fire 

in the protected space. 

§ 95.16–15 Extinguishing agent: quantity. 

A separate supply need not be 

provided for each space protected, but 

the total available supply must be at 

least sufficient for the space requiring 

the greatest amount. 


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§ 95.16–20 Extinguishing agent: cylinder 

storage. 

(a) Unless installed as required in 

paragraph (b) of this section, the agent 

must be stored outside of the protected 

space. Common bulkheads and decks 

located between the cylinder storage 

room and the protected spaces must 

meet the insulation criteria for Class 

A–60, as defined in 46 CFR 72.05–10. 

(b) The cylinders may be stored inside 

the protected space, if: 

(1) The space does not exceed 6,000 

cubic feet gross volume; and 

(2) The system can be automatically 

operated by a pneumatic heat actuator 

as well as a remote manual control. 

(c) The cylinder storage space must be 

properly ventilated and designed to 

preclude an anticipated ambient 

temperature in excess of 130° 

Fahrenheit. 

(d) The cylinders must be securely 

fastened and supported as directed in 

the manufacturer’s approved design, 

installation, operation, and maintenance 

manual, and where necessary protected 

against damage. 

(e) The cylinders must be mounted so 

they are readily accessible and capable 

of easy removal for recharging and 

inspection and for weighing in the case 

of halocarbon system cylinders. 

(f) The cylinders must be installed to 

provide a space of at least 2 inches 

between the deck and the bottom of the 

cylinders. 

(g) The cylinders must be mounted 

upright, unless otherwise specified in 

the instruction manual. 

(h) All cylinder storage room doors 

must open outward. 

§ 95.16–25 Manifold and cylinder 

arrangements. 

(a) A check valve must be provided 

between each cylinder and manifold or 

distribution piping. The valve must be 

permanently marked to indicate the 

direction of flow. 

(b) If the same cylinder is used to 

protect more than one space, normally, 

closed stop valves must be provided to 

direct the agent into each protected 

space. 

(c) Each cylinder must be fabricated, 

tested, and marked in accordance with 

46 CFR 147.60(b) and 49 CFR Part 180. 

(d) The cylinders in a common 

manifold must be: 

(1) Of the same size; 

(2) Filled with the same amount of 

agent; and 

(3) Pressurized to the same working 

pressure. 

§ 95.16–30 Enclosure openings. 

(a) If mechanical ventilation is 

provided for in a protected space, the 

ventilation system must automatically 

shut down prior to discharge of the 

system to that space. 

(b) If natural ventilation is provided 

for in a space protected by a clean agent 

extinguishing system, the ventilation 

must be capable of being easily and 

effectively closed off. 

(c) All other openings to a protected 

space must be capable of being closed. 

Doors, shutters, or dampers must be 

installed for openings in the lower 

portion of the space. Openings in the 

upper portion of the space must be 

capable of being closed off either by 

permanently installed means or by the 

use of canvas or other material normally 

carried on the vessel. 

§ 95.16–35 Pressure relief. 

Tight compartments like refrigeration 

spaces and paint lockers must have a 

way to relieve the accumulation of 

excessive pressure within the 

compartment when the extinguishing 

agent is injected. 

§ 95.16–40 Locked spaces. 

If a space or enclosure containing 

extinguishing agent supply or controls 

is lockable, a key to the space or 

enclosure must be in a break glass type 

box conspicuously located adjacent to 

the opening. 

§ 95.16–45 Discharge delays and alarms. 

(a) Each system protecting a space 

with greater than 6,000 cubic feet gross 

volume or a space less than 6,000 cubic 

feet gross volume without a suitable 

horizontal escape route must have a 

pneumatic pre-discharge alarm and time 

delay. 

(1) The time delay period must: 

(i) Last at least 20 seconds; 

(ii) Be approved by the Officer in 

Charge, Marine Inspection during 

system installation; and 

(iii) Provide enough time for one 

person to walk from the farthest area of 

the protected space to the primary exit. 

(2) The time delay device must be 

pneumatically operated and have an 

accuracy of ¥0/+20% of the rated time 

delay period throughout the operating 

temperature range and range of delay 

settings. 

(b) The pre-discharge alarm must: 

(1) Sound for the duration of the time 

delay; 

(2) Be conspicuously and centrally 

located and marked as required by 46 

CFR 97.37–9; 

(3) Depend on the extinguishing 

agent, gas from a pilot cylinder, or a 

nitrogen cylinder specifically provided 

to power the alarm for its source of 

power; and 

(4) Be audible over running 

machinery. 

§ 95.16–50 Instructions. 

(a) Simple, complete operating 

instructions must be conspicuously 

located at or near any release station 

and in the extinguishing agent cylinder 

storage room. 

(b) On a system in which 

extinguishing agent cylinders are stored 

outside the protected space, operating 

instructions must also: 

(1) Include a schematic diagram of the 

system; and 

(2) Describe alternate methods of 

discharging the extinguishing agent into 

protected spaces should the manual 

releases or stop valve controls fail to 

operate. 

§ 95.16–60 System piping installation 

testing. 

(a) Halocarbon systems. A pressure 

test using the extinguishing agent, air or 

inert gas, must be conducted on 

halocarbon system discharge piping on 

completion of piping installation and 

before extinguishing agent cylinders are 

connected. 

(1) Except as otherwise specified in 

this section: 

(i) Piping from the cylinders to the 

stop valves or selector valves must be 

subjected to a pressure of 11⁄2 times the 

cylinder charging pressure at 70° 

Fahrenheit; and 

(ii) The leakage during a 2-minute 

period must not exceed a pressure drop 

of 10 percent. 

(2) Individual branch lines to a 

protected space must be tested as 

described in paragraph (a)(1) of this 

section, except that: 

(i) The pressure must be 150 pounds 

per square inch; and 

(ii) Distribution piping must be 

capped within the protected space at the 

first joint upstream of the nozzles. 

(3) Pneumatic actuation piping must 

be tested as described in paragraph 

(a)(1) of this section. 

(b) Inert gas systems. A pressure test 

using air or inert gas must be conducted 

on each inert gas system’s piping on 

completion of piping installation and 

before extinguishing agent cylinders are 

connected. 

(1) Except as otherwise specified in 

this section: 

(i) Piping from the cylinders to the 

stop valves or selector valves must be 

subjected to a pressure of 1,000 pounds 

per square inch at 70° Fahrenheit; and 

(ii) The leakage during a 2-minute 

period must not exceed a pressure drop 

of 10 percent. 

(2) Individual branch lines to a 

protected space must be tested as 

described in paragraph (b)(1) of this 

section, except that: 

(i) The pressure must be 600 pounds 

per square inch; and 


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(ii) Distribution piping must be 

capped within the protected space at the 

first joint upstream of the nozzles. 

(3) Pneumatic actuation piping must 

be tested as described in paragraph 

(b)(1) of this section. 

(c) Small independent systems. In lieu 

of test requirements in paragraphs (a) or 

(b) of this section, a small independent 

halocarbon or inert gas system, like 

those found in emergency generator 

rooms and paint lockers, may be tested 

by blowing out the piping with air 

pressure of at least 100 pounds per 

square inch, if: 

(1) There are no valves in the system 

discharge piping; and 

(2) There is not more than one change 

in direction between the agent container 

and the discharge nozzle. 

§ 95.16–90 Installations contracted for 

prior to [EFFECTIVE DATE OF THIS RULE]. 

Installations contracted for prior to 

[EFFECTIVE DATE OF THIS RULE] 

must meet the requirements of this 

subpart unless previously approved 

existing arrangements, materials, and 

facilities are: 

(a) Maintained in good condition to 

the satisfaction of the Officer in Charge, 

Marine Inspection; and 

(b) Subjected to no more than minor 

repairs or alterations implemented to 

the same standards as the original 

installation. 

PART 97—OPERATIONS 

45. The authority citation for Part 97 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. 

46. Revise § 97.37–9 to read as 

follows: 

§ 97.37–9 Carbon dioxide and clean agent 

alarms. 

Each carbon dioxide or clean agent 

fire extinguishing alarm must be 

conspicuously marked: ‘‘WHEN ALARM 

SOUNDS VACATE AT ONCE. CARBON 

DIOXIDE OR CLEAN AGENT BEING 

RELEASED.’’ 

47. Add a new § 97.37–11 to read as 

follows: 

§ 97.37–11 Carbon dioxide warnings. 

Each entrance to a space storing 

carbon dioxide cylinders, a space 

protected by carbon dioxide systems, or 

any space into which carbon dioxide 

might migrate must be conspicuously 

marked as follows: 

(a) Spaces storing carbon dioxide— 

‘‘CARBON DIOXIDE GAS CAN CAUSE 

INJURY OR DEATH. VENTILATE THE 

AREA BEFORE ENTERING. A HIGH 

CONCENTRATION CAN OCCUR IN 

THIS AREA AND CAN CAUSE 

SUFFOCATION.’’ 

(b) Spaces protected by carbon 

dioxide—‘‘CARBON DIOXIDE GAS CAN 

CAUSE INJURY OR DEATH. WHEN 

ALARM OPERATES OR 

WINTERGREEN SCENT IS DETECTED, 

DO NOT ENTER UNTIL VENTILATED. 

LOCK-OUT SYSTEM WHEN 

SERVICING.’’ 

(c) Spaces into which carbon dioxide 

might migrate—‘‘CARBON DIOXIDE 

GAS CAN CAUSE INJURY OR DEATH. 

DISCHARGE INTO NEARBY SPACE 

CAN COLLECT HERE. WHEN ALARM 

OPERATES OR WINTERGREEN SCENT 

IS DETECTED VACATE 

IMMEDIATELY.’’ 

48. Revise § 97.37–13 to read as 

follows: 

§ 97.37–13 Fire extinguishing system 

controls. 

The control cabinets or spaces 

containing valves or manifolds for the 

various fire extinguishing systems must 

be distinctly marked in conspicuous red 

letters at least 2 inches high: ‘‘[STEAM/ 

CARBON DIOXIDE/CLEAN AGENT/ 

FOAM/WATER SPRAY—as 

appropriate] FIRE APPARATUS.’’ 

PART 107—-INSPECTION AND 

CERTIFICATION 

49. The authority citation for Part 107 

continues to read as follows: 

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 

3307; 46 U.S.C. 3316; Department of 

Homeland Security Delegation No. 0170.1; 

§ 107.05 also issued under the authority of 44 

U.S.C. 3507. 

50. Add § 107.231(w) to read as 

follows: 

§ 107.231 Inspection for certification. 

* * * * * 

(w) Piping for each halocarbon and 

inert gas extinguishing system must be 

tested in accordance with 46 CFR 

95.16–60. 

* * * * * 

51. In § 107.235, revise paragraph (b) 

and add paragraph (c) to read as set out 

below, and remove the note at the end 

of the section. 

§ 107.235 Servicing of hand portable fire 

extinguishers, semi-portable fire 

extinguishers and fixed fire-extinguishing 

systems. 

* * * * * 

(b) Each fixed fire extinguishing 

system must be examined for excessive 

corrosion and general condition and 

checked and serviced as indicated, 

depending on the extinguishing agent 

used by the system. 

(1) Carbon dioxide: Weigh cylinders. 

Recharge cylinder if weight loss exceeds 

10% of weight of charge. Test time 

delays, alarms, and ventilation 

shutdowns with carbon dioxide, 

nitrogen, or other nonflammable gas as 

stated in the system manufacturer’s 

instruction manual. Inspect hoses for 

damage or decay. Ensure that nozzles 

are unobstructed. Cylinders must be 

tested and marked, and all flexible 

connections on fixed carbon dioxide 

systems must be tested or renewed, as 

required by 46 CFR 147.60 and 147.65. 

(2) Halon 1301 or Halocarbon: 

Recharge or replace if weight loss 

exceeds 5% of weight of charge or, if 

cylinder has a pressure gauge, recharge 

cylinder if pressure loss exceeds 10%, 

adjusted for temperature. Test time 

delays, alarms, and ventilation 

shutdowns with carbon dioxide, 

nitrogen, or other nonflammable gas as 

stated in the system manufacturer’s 

instruction manual. Inspect hoses for 

damage or decay. Ensure that nozzles 

are unobstructed. Cylinders must be 

tested and marked, and all flexible 

Halon 1301 and halocarbon cylinders 

must be tested or renewed as required 

by 46 CFR 147.60 and 147.65 or 147.67. 

Note that Halon 1301 system approvals 

have expired, but that existing systems 

may be retained if they are in good and 

serviceable condition to the satisfaction 

of the Coast Guard inspector. 

(3) Inert gas: Recharge or replace 

cylinder if cylinder pressure loss 

exceeds 5% of specified gauge pressure, 

adjusted for temperature. Test time 

delays, alarms, and ventilation 

shutdowns with carbon dioxide, 

nitrogen, or other nonflammable gas as 

stated in the system manufacturer’s 

instruction manual. Inspect hoses for 

damage or decay. Ensure that nozzles 

are unobstructed. Cylinders must be 

tested and marked, and all flexible 

connections on fixed inert extinguishers 

must be tested or renewed as required 

by 46 CFR 147.60 and 147.66. 

(4) Foam, except premix systems: 

Discharge foam for approximately 15 

seconds from a nozzle designated by the 

marine inspector, by: 

(i) Discharging water from all other 

lines and nozzles; and 

(ii) Submitting a sample of the foam 

liquid to the manufacturer or its 

authorized representative for 

determination of specific gravity, pH, 

percentage of water dilution, and solid 

content and for certification as a 

suitable firefighting foam. 

(5) Premix aqueous film forming 

foam: Remove the pressure cartridge 

and replace the cartridge if the seal is 


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punctured, sampling the premix 

solution in accordance with the 

manufacturer’s instructions, and 

replacing any cylinders that are 

discharged. 

(c) Fire extinguishing equipment must 

be tested and marked as indicated, 

depending on the extinguishing agent 

used by the system — 

(1) Carbon dioxide and Halon 1301, 

semi-portable systems: Cylinders and 

discharge hoses in accordance with 46 

CFR 147.60 and 147.65; or 

(2) Halocarbon and inert gas: 

Cylinders and flexible connectors in 

accordance with 46 CFR 147.66 and 

147.67. 

PART 108—DESIGN AND EQUIPMENT 

52. The authority citation for Part 108 

continues to read as follows: 

Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 

3306; Department of Homeland Security 

Delegation No. 0170.1. 

53. Add new § 108.444 to read as 

follows: 

§ 108.444 Lockout valves. 

(a) A lockout valve must be provided 

on any carbon dioxide extinguishing 

system protecting a space over 6,000 

cubic feet in volume or a space 6,000 

cubic feet or less in volume that does 

not have a horizontal escape. 

(b) The lockout valve must be a 

manually operated valve located in the 

discharge manifold prior to the stop 

valve or selector valves. When in the 

closed position, the lockout valve must 

provide complete isolation of the system 

from the protected space or spaces, 

making it impossible for carbon dioxide 

to discharge in the event of equipment 

failure during maintenance. 

(c) The lockout valve design or 

locking mechanism must make it 

obvious whether the valve is open or 

closed. 

(d) A valve is considered a lockout 

valve if it has a hasp or other means of 

attachment to which, or through which, 

a lock can be affixed, or it has a locking 

mechanism built into it. 

(e) The lockout valve must be locked 

in the closed position whenever 

maintenance is performed on the 

extinguishing system. The master must 

ensure that the lockout valve is locked 

in the open position when maintenance 

is complete and the system is returned 

to operable condition. 

(f) Lockout valves added to existing 

systems must be approved by the 

Commandant for use in the system. 

(g) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the lockout valve 

requirements of this section not later 

than [DATE 5 YEARS AFTER 

EFFECTIVE DATE OF RULE]. 

54. Add a new § 108.446 to read as 

follows: 

§ 108.446 Olfactory additives. 

(a) Each carbon dioxide extinguishing 

system must have an approved 

odorizing unit to produce the scent of 

wintergreen, the detection of which will 

serve as an indication that carbon 

dioxide gas is present in a protected 

area and any other area into which the 

carbon dioxide may migrate. 

(b) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the requirements of this 

section not later than [DATE 5 YEARS 

AFTER EFFECTIVE DATE OF RULE]. 

55. Add a new § 108.626 to read as 

follows: 

§ 108.626 Carbon dioxide olfactory 

warning signs. 

Each entrance to a space storing 

carbon dioxide cylinders, a space 

protected by carbon dioxide systems, or 

any space into which carbon dioxide 

might migrate must be conspicuously 

marked as follows: 

(a) Spaces storing carbon dioxide— 

‘‘CARBON DIOXIDE GAS CAN CAUSE 

INJURY OR DEATH. VENTILATE THE 

AREA BEFORE ENTERING. A HIGH 

CONCENTRATION CAN OCCUR IN 

THIS AREA AND CAN CAUSE 

SUFFOCATION.’’ 

(b) Spaces protected by carbon 

dioxide—‘‘CARBON DIOXIDE GAS CAN 

CAUSE INJURY OR DEATH. WHEN 

ALARM OPERATES OR 

WINTERGREEN SCENT IS DETECTED, 

DO NOT ENTER UNTIL VENTILATED. 

LOCK-OUT SYSTEM WHEN 

SERVICING.’’ 

(c) Spaces into which carbon dioxide 

might migrate—‘‘CARBON DIOXIDE 

GAS CAN CAUSE INJURY OR DEATH. 

DISCHARGE INTO NEARBY SPACE 

CAN COLLECT HERE. WHEN ALARM 

OPERATES OR WINTERGREEN SCENT 

IS DETECTED VACATE 

IMMEDIATELY.’’ 

56. Revise the section heading to 

§ 108.627 to read as follows: 

§ 108.627 Carbon dioxide and clean agent 

alarms. 

* * * * * 

57. Revise § 108.631(a) to read as 

follows: 

§ 108.631 Fixed fire extinguishing system 

controls. 

(a) Each cabinet or space that contains 

a valve, control, or manifold of a fixed 

fire extinguishing system must be 

marked in conspicuous red letters at 

least 2 inches high: ‘‘[CARBON 

DIOXIDE/CLEAN AGENT/FOAM/ 

WATER SPRAY—as appropriate] FIRE 

APPARATUS.’’ 

* * * * * 

PART 112—EMERGENCY LIGHTING 

AND POWER SYSTEMS 

58. The authority citation for Part 112 

continues to read as follows: 

Authority: 46 U.S.C. 3306, 3703; 

Department of Homeland Security Delegation 

No. 0170.1. 

59. Revise § 112.15–5(v) to read as 

follows: 

§ 112.15–5 Final emergency loads. 

* * * * * 

(v) Each smoke extraction fan, not 

including smoke detector sampling, and 

carbon dioxide or clean agent exhaust 

fans for spaces. 

PART 115—INSPECTION AND 

CERTIFICATION 

60. The authority citation for Part 115 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; 

E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 743; E.O. 12234, 45 FR 58801, 3 

CFR, 1980 Comp., p. 277; Department of 

Homeland Security Delegation No. 0170.1 

61. In § 115.810, revise Table 

115.810(b) to read as follows: 

§ 115.810 Fire protection. 

* * * * * 

(b) * * * 

TABLE 115.810(b)—SEMIPORTABLE AND FIXED FIRE EXTINGUISHING SYSTEMS

Type system Test 

Carbon dioxide ..................... Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms, 

and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system 

manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. 

Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be 

tested or renewed, as required by 46 CFR 147.60 and 147.65. 


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TABLE 115.810(b)—SEMIPORTABLE AND FIXED FIRE EXTINGUISHING SYSTEMS—Continued 

Type system Test 

Halon 1301 and halocarbon Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge 

cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be 

tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. Note that Halon 1301 system approvals have expired, but that existing systems may be retained if they are in good and serviceable condition to the satisfaction 

of the Coast Guard inspector. 

Dry chemical (cartridge operated).Examine pressure cartridge and replace if end is punctured, has leaked, or is otherwise unsuitable. Inspect hose 

and nozzle to see if they are clear. Insert charged cartridge. Ensure dry chemical is free flowing, not caked, 

and extinguisher contains full charge. 

Dry chemical (stored pressure).See that pressure gauge is in operating range. If not, or if the seal is broken, weigh or otherwise determine that 

extinguisher is fully charged with dry chemical. Recharge cylinder if pressure is low or if dry chemical is needed. 

Foam (stored pressure) ....... See that any pressure gauge is in the operating range. If not, or if the seal is broken, weigh or otherwise determine that extinguisher is fully charged with foam. Recharge cylinder if pressure is low or if foam is needed. Replace premixed agent every 3 years. 

Inert gas ............................... Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections on fixed 

inert extinguishers must be tested or renewed as required by 46 CFR 147.60 and 147.66. 

Water mist ............................ Maintain system in accordance with maintenance instructions in system manufacturer’s design, installation, operation, and maintenance manual. 

* * * * * 

PART 118—FIRE PROTECTION 

EQUIPMENT 

62. The authority citation for Part 118 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

63. In § 118.410, add new paragraphs 

(f)(7) through (f)(13) and add new 

paragraph (h) to read as follows: 

§ 118.410 Fixed gas fire extinguishing 

systems. 

* * * * * 

(f) * * * 

(7) A lockout valve must be provided 

on any carbon dioxide extinguishing 

system protecting a space over 6,000 

cubic feet in volume or a space 6,000 

cubic feet or less in volume that does 

not have a horizontal escape. 

(8) The lockout valve must be a 

manually operated valve located in the 

discharge manifold prior to the stop 

valve or selector valves. When in the 

closed position, the lockout valve must 

provide complete isolation of the system 

from the protected space or spaces, 

making it impossible for carbon dioxide 

to discharge in the event of equipment 

failure during maintenance. 

(9) The lockout valve design or 

locking mechanism must make it 

obvious whether the valve is open or 

closed. 

(10) A valve is considered a lockout 

valve if it has a hasp or other means of 

attachment to which, or through which, 

a lock can be affixed, or it has a locking 

mechanism built into it. 

(11) The lockout valve must be locked 

in the closed position whenever 

maintenance is performed on the 

extinguishing system. The master must 

ensure that the lockout valve is locked 

in the open position when maintenance 

is complete and the system is returned 

to operable condition. 

(12) Lockout valves added to existing 

systems must be approved by the 

Commandant for use in the system. 

(13) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the lockout valve 

requirements of this section not later 

than [DATE 5 YEARS AFTER 

EFFECTIVE DATE OF RULE]. 

* * * * * 

(h) Olfactory additives. (1) Each 

carbon dioxide extinguishing system 

must have an approved odorizing unit 

to produce the scent of wintergreen, the 

detection of which will serve as an 

indication that carbon dioxide gas is 

present in a protected area and any 

other area into which the carbon 

dioxide may migrate. 

(2) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the requirements of this 

section not later than [DATE 5 YEARS 

AFTER EFFECTIVE DATE OF RULE]. 

PART 119—MACHINERY 

INSTALLATION 

64. The authority citation for Part 119 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

65. Revise § 119.710(a)(3) to read as 

follows: 

§ 119.710 Piping for vital systems. 

(a) * * * 

(3) Carbon dioxide, Halon 1301, and 

clean agent systems; 

* * * * * 

PART 122—OPERATIONS 

66. The authority citation for Part 122 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

67. In § 122.612, add new paragraph 

(i) to read as follows: 

§ 122.612 Fire protection equipment. 

* * * * * 

(i) Carbon dioxide olfactory warning 

signs. Each entrance to a space storing 

carbon dioxide cylinders, a space 

protected by carbon dioxide systems, or 

any space into which carbon dioxide 

might migrate must be conspicuously 

marked as follows: 

(1) Spaces storing carbon dioxide— 

‘‘CARBON DIOXIDE GAS CAN CAUSE 

INJURY OR DEATH. VENTILATE THE 

AREA BEFORE ENTERING. A HIGH 

CONCENTRATION CAN OCCUR IN 

THIS AREA AND CAN CAUSE 

SUFFOCATION.’’ 


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(2) Spaces protected by carbon 

dioxide—‘‘CARBON DIOXIDE GAS CAN 

CAUSE INJURY OR DEATH. WHEN 

ALARM OPERATES OR 

WINTERGREEN SCENT IS DETECTED, 

DO NOT ENTER UNTIL VENTILATED. 

LOCK-OUT SYSTEM WHEN 

SERVICING.’’ 

(3) Spaces into which carbon dioxide 

might migrate—‘‘CARBON DIOXIDE 

GAS CAN CAUSE INJURY OR DEATH. 

DISCHARGE INTO NEARBY SPACE 

CAN COLLECT HERE. WHEN ALARM 

OPERATES OR WINTERGREEN SCENT 

IS DETECTED VACATE 

IMMEDIATELY.’’ 

PART 131—OPERATIONS 

68. The authority citation for Part 131 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

3306, 6101, 10104; E.O. 12234, 3 CFR, 1980 

Comp., p. 277; E.O. 12777, 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. 

69. Revise § 131.815 to read as 

follows: 

§ 131.815 Carbon dioxide and clean agent 

alarms. 

Each carbon dioxide or clean agent 

fire extinguishing alarm must be 

conspicuously marked: ‘‘WHEN ALARM 

SOUNDS VACATE AT ONCE. CARBON 

DIOXIDE OR CLEAN AGENT BEING 

RELEASED.’’ 

70. Add a new § 131.817 to read as 

follows: 

§ 131.817 Carbon dioxide olfactory 

warning signs. 

Each entrance to a space storing 

carbon dioxide cylinders, a space 

protected by carbon dioxide systems, or 

any space into which carbon dioxide 

might migrate must be conspicuously 

marked as follows: 

(a) Spaces storing carbon dioxide— 

‘‘CARBON DIOXIDE GAS CAN CAUSE 

INJURY OR DEATH. VENTILATE THE 

AREA BEFORE ENTERING. A HIGH 

CONCENTRATION CAN OCCUR IN 

THIS AREA AND CAN CAUSE 

SUFFOCATION.’’ 

(b) Spaces protected by carbon 

dioxide—‘‘CARBON DIOXIDE GAS CAN 

CAUSE INJURY OR DEATH. WHEN 

ALARM OPERATES OR 

WINTERGREEN SCENT IS DETECTED, 

DO NOT ENTER UNTIL VENTILATED. 

LOCK-OUT SYSTEM WHEN 

SERVICING.’’ 

(c) Spaces into which carbon dioxide 

might migrate—‘‘CARBON DIOXIDE 

GAS CAN CAUSE INJURY OR DEATH. 

DISCHARGE INTO NEARBY SPACE 

CAN COLLECT HERE. WHEN ALARM 

OPERATES OR WINTERGREEN SCENT 

IS DETECTED VACATE 

IMMEDIATELY.’’ 

71. Revise § 131.825 to read as 

follows: 

§ 131.825 Fixed fire extinguishing system 

controls. 

Each control cabinet or space 

containing a valve or manifold for a fire 

extinguishing system must be distinctly 

marked in conspicuous red letters at 

least 2 inches high: ‘‘[CARBON 

DIOXIDE/HALON/CLEAN AGENT] 

FIRE APPARATUS’’, as appropriate. 

PART 132—FIRE-PROTECTION 

EQUIPMENT 

72. The authority citation for Part 132 

continues to read as follows: 

Authority: 46 U.S.C. 3306, 3307; 

Department of Homeland Security Delegation 

No. 0170.1. 

73. In § 132.350, revise Table 132.350 

to read as follows: 

§ 132.350 Tests and inspections of fireextinguishing equipment. 

* * * * * 

TABLE 132.350—TESTS OF SEMIPORTABLE AND FIXED FIRE-EXTINGUISHING SYSTEMS

Type of system Test 

Carbon dioxide ..................... Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms, 

and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system 

manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. 

Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be 

tested or renewed, as required by 46 CFR 147.60 and 147.65. 

Halon 1301 and halocarbon Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge 

cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be 

tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. Note that Halon 1301 system approvals have expired, but that existing systems may be retained if they are in good and serviceable condition to the satisfaction 

of the Coast Guard inspector. 

Dry chemical (cartridge-operated).Examine pressure cartridge and replace if end is punctured or if cartridge has leaked or is otherwise unsuitable. 

Inspect hose and nozzle to see that they are clear. Insert charged cartridge. Ensure that dry chemical is freeflowing (not caked) and that extinguisher contains full charge. 

Dry chemical (stored pressure).See that pressure gauge is in operating range. If not, or if seal is broken, weigh or otherwise determine that extinguisher is fully charged with dry chemical. Recharge if pressure is low or if dry chemical is needed. 

Foam (stored pressure) ....... See that any pressure gauge is in operating range. If it is not, or if seal is broken, weigh or otherwise determine 

that extinguisher is fully charged with foam. Recharge if pressure is low or if foam is needed. Replace 

premixed agent every 3 years. 

Inert gas ............................... Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections on fixed 

inert extinguishers must be tested or renewed as required by 46 CFR 147.60 and 147.66. 

Water mist ............................ Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual. 


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* * * * * 

PART 147—HAZARDOUS SHIPS’ 

STORES 

74. The authority citation for Part 147 

continues to read as follows: 

Authority: 46 U.S.C. 3306; E.O. 12234, 45 

FR 58801, 3 CFR, 1980 Comp., p. 277; 

Department of Homeland Security Delegation 

No. 0170.1. 

75. Revise § 147.7 to read as follows: 

§ 147.7 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a). To enforce any edition other 

than that specified below, the Coast 

Guard must publish notice of change in 

the Federal Register and make the 

material available to the public. All 

approved material is on file at the U.S. 

Coast Guard, Office of Design and 

Engineering Standards (CG–521), 2100 

2nd Street, SW., Stop 7126, Washington, 

DC 20593–7126 or at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. All material is 

available from the sources indicated 

below. 

(b) American Boat and Yacht Council, 

Inc. (ABYC), 3069 Solomons Island 

Road, Edgewater, MD 21037. 

(1) ABYC H–25–81—Portable Fuel 

Systems and Portable Containers for 

Flammable Liquids, May 12, 1981: 

147.45. 

(2) [Reserved]. 

(c) American Society of Heating, 

Refrigerating, and Air-Conditioning 

Engineers, Inc. (ASHRAE), Publication 

Sales Department, 1791 Tullie Circle, 

NE, Atlanta, GA 30329. 

(1) ANSI/ASHRAE 34–78—Number 

Designation of Refrigerants, approved 

1978: 147.90. 

(2) [Reserved]. 

(d) National Fire Protection 

Association (NFPA), 1 Batterymarch 

Park, Quincy, MA 02269–9101. 

(1) NFPA 2001, ‘‘Standard on Clean 

Agent Fire Extinguishing Systems’’ 2008 

Edition: 147.66, 147.67. 

(2) [Reserved]. 

(e) Public Health Service, Department 

of Health and Human Services (DHHS), 

Superintendent of Documents, U.S. 

Government Printing Office, 

Washington, DC 20402. 

(1) DHHS Publication No. (PHS) 84– 

2024—The Ship’s Medicine Chest and 

Medical Aid at Sea, revised 1984: 

147.105. 

(2) [Reserved]. 

(f) Underwriters Laboratories, Inc. 

(UL), 333 Pfingsten Road, Northbrook, 

IL 60062. 

(1) UL 30—Standard for Metal Safety 

Cans, 7th Ed., March 11, 1985, revised 

March 12, 1985 and March 3, 1987: 

147.45. 

(2) UL 1185—Standard for Portable 

Marine Fuel Tanks, Second Edition, 

March 13, 1978, revised July 6, 1984: 

147.45. 

(3) UL 1313—Standard for 

Nonmetallic Safety Cans for Petroleum 

Products, 1st Ed., March 15, 1982, 

revised January 3, 1984 and March 22, 

1985: 147.45. 

(4) UL 1314—Standard for SpecialPropose Containers, 1st Ed., July 7, 

1983, revised February 7, 1984 and 

September 23, 1986: 147.45. 

76. Revise § 147.45(f)(4), (5), and (6) to 

read as follows: 

§ 147.45 Flammable and combustible 

liquids. 

* * * * * 

(f) * * * 

(4) A portable outboard fuel tank 

meeting the specifications of ABYC 

H–25–81 (incorporated by reference, see 

46 CFR 147.7) or one identified by 

Underwriters Laboratories as meeting 

the specifications of UL 1185 

(incorporated by reference, see 46 CFR 

147.7); 

(5) A portable safety container 

identified by Underwriters Laboratories 

as meeting the specifications of UL 30 

or UL 1313 (both incorporated by 

reference, see 46 CFR 147.7); or 

(6) A portable safety container 

identified by Underwriters Laboratories 

as meeting the requirements of UL 1314 

(incorporated by reference, see 46 CFR 

147.7). 

* * * * * 

77. Revise § 147.60(a)(4) to read as 

follows: 

§ 147.60 Compressed gases. 

(a) * * * 

(4) Except as provided in 46 CFR 

147.65, 147.66, and 147.67, maintained 

and retested in accordance with 49 CFR 

180. 

* * * * * 

78. Add a new § 147.66 to read as 

follows: 

§ 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 five years, 

except that cylinders with a water 

capacity of 125 pounds or less may be 

retested every 10 years in accordance 

with 49 CFR 180.209(b). 

(b) An inert gas cylinder must be 

removed from service if it: 

(1) Leaks; 

(2) Is dented, bulging, severely 

corroded, or otherwise weakened; 

(3) Has lost more than five percent of 

its tare weight; or 

(4) Has been involved in a fire. 

(c) Flexible connections between 

cylinders and discharge piping for fixed 

inert gas fire extinguishing systems 

must be renewed or retested in 

accordance with § 7.3 of NFPA 2001 

(incorporated by reference, see 46 CFR 

147.7). 

79. Add new § 147.67 to read as 

follows: 

§ 147.67 Halocarbon fire extinguishing 

systems. 

(a) Each halocarbon cylinder forming 

part of a clean agent fixed fire 

extinguishing system must be: 

(1) Retested at least once every 12 

years and before recharging if it has 

been discharged and more than five 

years have elapsed since the last test; or 

(2) As an alternative, a cylinder 

conforming to the requirements of 49 

CFR 180.209(g) may be given the 

complete external visual inspection in 

lieu of hydrostatic testing provided for 

by that section. 

(b) A halocarbon cylinder must be 

removed from service if it: 

(1) Leaks; 

(2) Is dented, bulging, severely 

corroded, or otherwise weakened; 

(3) Has lost more than five percent of 

its tare weight; or 

(4) Has been involved in a fire. 

(c) Flexible connections between 

cylinders and discharge piping for 

halocarbon fire extinguishing systems 

must be renewed or retested in 

accordance with section 7.3 of NFPA 

2001 (incorporated by reference, see 46 

CFR 147.7). 

PART 162—ENGINEERING 

EQUIPMENT 

80. The authority citation for Part 162 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j), 1903; 46 

U.S.C. 3306, 3703, 4104, 4302; E.O. 12234, 45 

FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 

11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 793; Department of Homeland 

Security Delegation No. 0170.1. 

81. Add a new subpart 162.161 to 

read as follows: 

Subpart 162.161—Fixed Clean Agent Fire 

Extinguishing Systems 

Sec. 

162.161–1 Scope. 

162.161–2 Incorporation by reference. 


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162.161–3 Materials. 

162.161–4 Construction. 

162.161–5 Instruction manual for design, 

installation, operation, and maintenance. 

162.161–6 Tests for approval. 

162.161–7 Inspections at production. 

162.161–8 Marking. 

162.161–9 Procedure for approval. 

Subpart 162.161—Fixed Clean Agent 

Fire Extinguishing Systems 

§ 162.161–1 Scope. 

(a) This subpart applies to each 

engineered fixed fire extinguishing 

system using a halocarbon or an inert 

gas as agent. It does not apply to preengineered systems. 

(b) Each system must be designed for 

protection against fires in both Class B 

flammable liquids and Class C energized 

electrical equipment, as those hazard 

classes are defined in NFPA 2001 

(incorporated by reference, see 46 CFR 

162.161–2). 

(c) Each system must meet the 

requirements of this subpart, be listed or 

approved by an independent laboratory 

approved by the Coast Guard and listed 

at http://cgmix.uscg.mil/, bear the mark 

of the laboratory, and be approved by 

the Coast Guard under 46 CFR 159.005– 

13. 

§ 162.161–2 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a). To enforce any edition other 

than that specified below, the Coast 

Guard must publish notice of change in 

the Federal Register and make the 

material available to the public. All 

approved material is on file at the U.S. 

Coast Guard, Office of Design and 

Engineering Standards (CG–521), 2100 

2nd Street, SW., Stop 7126, Washington, 

DC 20593–7126 or at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. All material is 

available from the sources indicated 

below. 

(b) National Fire Protection 

Association (NFPA), 1 Batterymarch 

Park, Quincy, MA 02269–9101. 

(1) NFPA 2001, ‘‘Standard on Clean 

Agent Fire Extinguishing Systems’’ 2008 

Edition: 162.161–1, 162.161–3. 

(2) [Reserved] 

(c) Underwriters Laboratories, Inc. 

(UL), 333 Pfingsten Road, Northbrook, 

IL 60062. 

(1) UL 2127, ‘‘Standard for Inert Gas 

Clean Agent Extinguishing System 

Units’’ 1999 Edition: 162.161–5, 

162.161–6, 162.161–7. 

(2) UL 2166, ‘‘Standard for Halocarbon 

Clean Agent Extinguishing System 

Units’’ 1999 Edition: 162.161–5, 

162.161–6, 162.161–7. 

(d) International Maritime 

Organization (IMO), Publications 

Section, 4 Albert Embankment, London 

SE1 7SR, United Kingdom: 

(1) MSC/Circ. 848, ‘‘Revised 

Guidelines for The Approval of 

Equivalent Fixed Gas Fire-Extinguishing 

Systems, as Referred to in Chapter II–2 

of SOLAS 74, for Machinery Spaces and 

Cargo Pump-Rooms’’ 1998 Edition: 

162.161–6. 

(2) MSC.1/Circ. 1267, ‘‘Amendments 

to Revised Guidelines for The Approval 

of Equivalent Fixed Gas FireExtinguishing Systems, as Referred to in 

SOLAS 74, for Machinery Spaces and 

Cargo Pump-Rooms (MSC/Circ. 848)’’ 

2008 Edition: 162.161–6. 

§ 162.161–3 Materials. 

(a) All system components must meet 

the requirements of NFPA 2001 

(incorporated by reference, see 46 CFR 

162.161–2) and be made of metal, 

except for bushings, o-rings, and 

gaskets. Aluminum or aluminum alloys 

may not be used. 

(b) Metal components must: 

(1) Have a solidus melting point of at 

least 1700° Fahrenheit; 

(2) Be corrosion resistant; and 

(3) Be galvanically compatible with 

each adjoining metal component, or if 

galvanically incompatible, be separated 

by a bushing, o-ring, gasket, or similar 

device. (c) Each extinguishing agent 

must be: 

(1) Listed as an acceptable total 

flooding agent for occupied areas on the 

Environmental Protection Agency’s 

Significant New Alternative Products 

(SNAP) list, 40 CFR part 82, subpart G, 

Appendix A; and 

(2) Identified as an extinguishing 

agent in NFPA 2001 (incorporated by 

reference, see 46 CFR 162.161–2). 

(d) The design concentration of 

extinguishing agent required for each 

system must be determined by the cup 

burner method, described in NFPA 

2001, for the specific fuel requiring the 

highest extinguishing concentration. 

(e) The quantity of agent required for 

each protected space must be calculated 

using a safety factor of 1.3 times the 

design concentration. The quantity must 

be calculated at the minimum expected 

ambient temperature using the design 

concentration based on either: 

(1) Gross volume, including the 

casing, bilge, and free air contained in 

air receivers; or 

(2) Net volume, calculated as shown 

in NFPA 2001 (incorporated by 

reference, see 46 CFR 162.161–2), 

including the casing, bilge, and free air 

contained in air receivers, if one of the 

following is satisfactorily performed: 

(i) Full discharge test; or 

(ii) Enclosure integrity procedure in 

accordance with Annex C of NFPA 

2001; for discharge or enclosure 

integrity tests, the minimum 

concentration hold time must be 15 

minutes, and the extinguishing agent 

concentration at the end of the hold 

time must be at least 85% of the design 

concentration. 

(f) If fuel can drain from the 

compartment being protected to an 

adjacent compartment or if the 

compartments are not entirely separate, 

the quantity must be sufficient for both 

compartments. 

§ 162.161–4 Construction. 

(a) Each pressure vessel must comply 

with 46 CFR 147.60(a) and (b). 

(b) Each system must be capable of 

operation without an external power 

source. 

(c) Manual actuation for the system 

must be by mechanical or pneumatic 

means. 

(d) Automatically actuated systems 

must be released by pneumatic or 

fusible element detection systems. 

(e) Each system installed with the 

extinguishing agent cylinders stored 

inside a protected space of 6,000 cubic 

feet or less must use automatic actuation 

as the primary means of actuation and 

have a remote backup manual 

mechanical actuator. 

(f) Each container charged with 

nitrogen must have a pressure gauge. 

§ 162.161–5 Instruction manual for design, 

installation, operation, and maintenance. 

(a) The manufacturer must prepare a 

system instruction manual for design, 

installation, operation, and maintenance 

of the system. The manual must be 

reviewed and accepted by an 

independent laboratory listed in 46 CFR 

162.161–10 and be approved by the 

Coast Guard under 46 CFR 159.005–13. 

(b) The manual must include: 

(1) The design information as required 

in the Design Manual as detailed in UL 

2166 (incorporated by reference, see 46 

CFR 162.161–2) for halocarbon systems 

and UL 2127 (incorporated by reference, 

see 46 CFR 162.161–2) for inert gas 

systems; 

(2) Installation, operation, and 

maintenance instructions as required in 

the Installation, Operation, and 

Maintenance Instruction Manual 

detailed in UL 2166 for halocarbon 

systems and UL 2127 for inert gas 

systems; 

(3) Identification of the computer 

program listed or approved by the 


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independent laboratory for designing 

the system; 

(4) A sample diagram and calculation 

for a marine system for a large inspected 

vessel with several spaces to be 

protected by the same system; 

(5) The approval number issued by 

the Coast Guard for the system under 46 

CFR 159.005–13; 

(6) A parts list with manufacturer’s 

parts numbers and description of each 

system component; 

(7) An index of chapters; and 

(8) Issue and revision dates for each 

page. 

(c) The manufacturer of each system 

must provide at least one copy of the 

system manual with each system. 

§ 162.161–6 Tests for approval. 

Prior to approval by an independent 

laboratory each system must: 

(a) Satisfy the test method of MSC/ 

Circ. 848 as amended by MSC.1/Circ. 

1267 (both incorporated by reference, 

see § 162.161–2), except that: 

(1) The Fire Type A (Tell tale) test 

must be conducted when the charged 

system cylinders have been conditioned 

for 24 hours at 32° Fahrenheit or at the 

expected service temperature, if lower 

than 32° F. 

(2) [Reserved] 

(b) Satisfy the following test 

requirements as indicated in UL 2166 

(incorporated by reference, see 46 CFR 

162.161–2) for halocarbon systems or 

UL 2127 for inert gas systems 

(incorporated by reference, see 46 CFR 

162.161–2): 

(1) Nozzle distribution; 

(2) Flow calculation method 

verification to determine that the 

manufacturer’s calculation method 

accurately predicts the discharge time, 

nozzle pressure, and distribution of the 

extinguishing agent; 

(3) Salt spray corrosion resistance for 

marine-type systems; 

(4) Vibration resistance of installed 

components for marine-type systems; 

and 

(5) Any additional tests contained in 

UL 2166 for halocarbon systems or UL 

2127 for inert gas systems, as required 

for listing by the independent 

laboratory. 

(c) Equivalent length of installed 

components must be identified and 

included in the test report in accordance 

with UL 2166 for halocarbon systems or 

UL 2127 for inert gas systems. 

§ 162.161–7 Inspections at production. 

(a) The system must be inspected in 

accordance with this section and 46 

CFR 159.007–1 through 159.007–13, and 

tested using any additional tests that the 

Commandant (CG–5214) may deem 

necessary to maintain control of quality 

and to ensure compliance with this 

subpart. 

(b) The manufacturer must: 

(1) Institute procedures to maintain 

control over the materials used, over the 

manufacturing of the systems, and over 

finished systems; 

(2) Admit the independent laboratory 

inspector and any representative of the 

Coast Guard to any place where work is 

being done on systems and any place 

where parts or complete systems are 

stored; 

(3) Allow the independent laboratory 

inspector and any representative of the 

Coast Guard to take samples of systems 

for tests prescribed by this subpart; and 

(4) Conduct a leakage test on each 

system cylinder-valve assembly in 

accordance with subsections 57.1 

through 57.4.2 of UL 2166 (incorporated 

by reference, see 46 CFR 162.161–2) for 

halocarbon systems or subsection 55.4 

of UL 2127 (incorporated by reference, 

see 46 CFR 162.161–2) for inert gas 

systems. 

§ 162.161–8 Marking. 

The following information must be 

displayed on a permanent metal or 

pressure-sensitive nameplate attached to 

each agent storage cylinder/valve 

assembly: 

(a) Manufacturer’s name, address, and 

telephone number; 

(b) Coast Guard approval number 

assigned to the system under 46 CFR 

159.005–13; 

(c) Identifying mark of the laboratory; 

(d) Reference to the laboratory’s 

listing standard; 

(e) Type extinguishing agent; 

(f) Operating pressure at 70° 

Fahrenheit; 

(g) Storage temperature range; 

(h) Factory test pressure of the 

cylinder; 

(i) Reference to the manufacturer’s 

marine design, installation, operation, 

and maintenance manual; 

(j) Weight of agent charge and gross 

weight of cylinder/valve assembly; 

(k) Minimum maintenance 

instructions; and 

(l) Any other information required by 

the laboratory or another government 

agency. 

§ 162.161–9 Procedure for approval. 

(a) Preapproval review is required as 

detailed in 46 CFR 159.005–5 and 

159.005–7. 

(b) Applications for approval must be 

submitted in accordance with 46 CFR 

159.005–9 through 159.005–12 to the 

Commandant (CG–5214). In addition to 

the listed requirements: 

(1) Evidence must be shown that an 

acceptable follow-up factory inspection 

program is in place in each factory 

location. This could be demonstrated by 

providing an original copy of the 

contract for a follow-up program 

between the manufacturer and the 

independent laboratory. The follow-up 

program must include provisions that 

prohibit changes to the approved 

equipment without review and approval 

by the independent laboratory. 

(2) Two design, installation, operation 

and maintenance manuals must be 

submitted. 

PART 167—PUBLIC NAUTICAL 

SCHOOL SHIPS 

82. The authority citation for Part 167 

continues to read as follows: 

Authority: 46 U.S.C. 3306, 3307, 6101, 

8105; E.O. 12234, 45 FR 58801, 3 CFR, 1980 

Comp., p. 277; Department of Homeland 

Security Delegation No. 0170.1. 

83. Amend § 167.45–1(a)(3), (a)(7), 

(a)(8), and (a)(9) to read as follows: 

§ 167.45–1 Steam, carbon dioxide, Halon 

1301, and clean agent fire extinguishing 

systems. 

(a) * * * 

(3) Cabinets, boxes, or casings 

enclosing manifolds or valves must be 

marked in conspicuous red letters at 

least 2 inches high: ‘‘[STEAM/CARBON 

DIOXIDE/HALON/CLEAN AGENT—as 

appropriate] FIRE APPARATUS.’’ 

* * * * * 

(7) At annual inspections, each carbon 

dioxide cylinder, whether fixed or 

portable, each Halon 1301 cylinder, and 

each clean agent cylinder must be 

examined externally and replaced if 

excessive corrosion is found; and: 

(i) Each carbon dioxide cylinder must 

be weighed and recharged if its weight 

loss exceeds 10% of the charge; 

(ii) Each Halon 1301 and halocarbon 

cylinder must be weighed and checked, 

and recharged or replaced if weight loss 

exceeds 5% of required weight of charge 

or if cylinder pressure loss exceeds 10% 

of specified gauge pressure adjusted for 

temperature; and 

(iii) Each inert gas cylinder must be 

checked and recharged or replaced if 

cylinder pressure loss exceeds 5% of 

specified gauge pressure adjusted for 

temperature. 

(8) Carbon dioxide, Halon 1301, and 

clean agent cylinders carried on board 

nautical school ships must be tested and 

marked in accordance with the 

requirements of 46 CFR 147.60, 147.65, 

147.66, and 147.67. 

(9) On all systems test time delays, 

alarms, and ventilation shutdowns with 

carbon dioxide, nitrogen, or other 

nonflammable gas as stated in the 

system manufacturer’s instruction 


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manual. Inspect hoses for damage or 

decay. Ensure that nozzles are 

unobstructed. 

* * * * * 

84. In § 167.45–45, add new 

paragraphs (d) and (e) to read as follows: 

§ 167.45–45 Carbon dioxide fire 

extinguishing system requirements. 

* * * * * 

(d) Lockout valve. (1) A lockout valve 

must be provided on any carbon dioxide 

extinguishing system protecting a space 

over 6,000 cubic feet in volume or a 

space 6,000 cubic feet or less in volume 

that does not have a horizontal escape. 

(2) The lockout valve must be a 

manually operated valve located in the 

discharge manifold prior to the stop 

valve or selector valves. When in the 

closed position, the lockout valve must 

provide complete isolation of the system 

from the protected space or spaces, 

making it impossible for carbon dioxide 

to discharge in the event of equipment 

failure during maintenance. 

(3) The lockout valve design or 

locking mechanism must make it 

obvious whether the valve is open or 

closed. 

(4) A valve is considered a lockout 

valve if it has a hasp or other means of 

attachment to which, or through which, 

a lock can be affixed, or it has a locking 

mechanism built into it. 

(5) The lockout valve must be locked 

in the closed position whenever 

maintenance is performed on the 

extinguishing system. The master must 

ensure that the lockout valve is locked 

in the open position when maintenance 

is complete and the system is returned 

to operable condition. 

(6) Lockout valves added to existing 

systems must be approved by the 

Commandant for use in the system. 

(7) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the lockout valve 

requirements of this section not later 

than [DATE 5 YEARS AFTER 

EFFECTIVE DATE OF RULE]. 

(e)(1) Each carbon dioxide 

extinguishing system must have an 

approved odorizing unit to produce the 

scent of wintergreen, the detection of 

which will serve as an indication that 

carbon dioxide gas is present in a 

protected area and any other area into 

which the carbon dioxide may migrate. 

(2) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the requirements of this 

section not later than [DATE 5 YEARS 

AFTER EFFECTIVE DATE OF RULE]. 

85. Revise § 167.55–5(c) to read as 

follows: 

§ 167.55–5 Marking of fire and emergency 

equipment. 

* * * * * 

(c)(1) Steam, foam, carbon dioxide, 

Halon, or clean agent fire smothering 

apparatus. Steam, foam, carbon dioxide, 

Halon, or clean agent fire smothering 

apparatus must be marked ‘‘[STEAM/ 

FOAM/CARBON DIOXIDE/HALON/ 

CLEAN AGENT—as appropriate] FIRE 

APPARATUS,’’ in red letters at least 2 

inches high, and the valves of all branch 

piping leading to the several 

compartments must be distinctly 

marked to indicate the compartments or 

parts of the nautical school ship to 

which they lead. 

(2) Each entrance to a space storing 

carbon dioxide cylinders, a space 

protected by carbon dioxide systems, or 

any space into which carbon dioxide 

might migrate must be conspicuously 

marked as follows: 

(i) Spaces storing carbon dioxide— 

‘‘CARBON DIOXIDE GAS CAN CAUSE 

INJURY OR DEATH. VENTILATE THE 

AREA BEFORE ENTERING. A HIGH 

CONCENTRATION CAN OCCUR IN 

THIS AREA AND CAN CAUSE 

SUFFOCATION.’’ 

(ii) Spaces protected by carbon 

dioxide—‘‘CARBON DIOXIDE GAS CAN 

CAUSE INJURY OR DEATH. WHEN 

ALARM OPERATES OR 

WINTERGREEN SCENT IS DETECTED, 

DO NOT ENTER UNTIL VENTILATED. 

LOCK-OUT SYSTEM WHEN 

SERVICING.’’ 

(iii) Spaces into which carbon dioxide 

might migrate—‘‘CARBON DIOXIDE 

GAS CAN CAUSE INJURY OR DEATH. 

DISCHARGE INTO NEARBY SPACE 

CAN COLLECT HERE. WHEN ALARM 

OPERATES OR WINTERGREEN SCENT 

IS DETECTED VACATE 

IMMEDIATELY.’’ 

* * * * * 

PART 169—SAILING SCHOOL 

VESSELS 

86. The authority citation for Part 169 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

3306, 6101; Pub. L. 103–206, 107 Stat. 2439; 

E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 793; Department of Homeland 

Security Delegation No. 0170.1; § 169.117 

also issued under the authority of 44 U.S.C. 

3507. 

87. In § 169.247, revise Table 

169.247(a)(2) and add and reserve 

paragraph (b) to read as follows: 

§ 169.247 Firefighting equipment. 

* * * * * 

TABLE 169.247(a)(2)—FIXED SYSTEMS

Type system Test 

Carbon dioxide ..................... Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms, 

and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system 

manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. 

Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be 

tested or renewed, as required by 46 CFR 147.60 and 147.65. 

Halon 1301 or halocarbon ... Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge 

cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be 

tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. Note that Halon 1301 system approvals have expired, but that existing systems may be retained if they are in good and serviceable condition to the satisfaction 

of the Coast Guard inspector. 

Inert gas ............................... Recharge or replace recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for 

damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible 

connections on fixed inert extinguishers must be tested or renewed as required by 46 CFR 147.60 and 147.66. 

Water mist ............................ Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual. 


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(b) [Reserved]. 

88. Revise § 169.564 to read as 

follows: 

§ 169.564 Fixed extinguishing system, 

general. 

(a) A fixed carbon dioxide, Halon 

1301, or clean agent extinguishing 

system must be installed to protect the 

following spaces: 

(1) Any vessel machinery or fuel tank 

space, except where the space is so open 

to the atmosphere as to make the use of 

a fixed system ineffective; 

(2) Any paint or oil room or similar 

hazardous space; and 

(3) Any galley stove area on a vessel 

greater than 90 feet in length and 

certificated for exposed or partially 

protected water service. 

(b) Each fixed extinguishing system 

must be of an approved carbon dioxide, 

Halon 1301, halogenated, or clean agent 

type and installed to the satisfaction of 

the Officer in Charge, Marine 

Inspection. 

89. Add a new § 169.570 to read as 

follows: 

§ 169.570 Lockout valves. 

(a) A lockout valve must be provided 

on any carbon dioxide extinguishing 

system protecting a space over 6,000 

cubic feet in volume or a space 6,000 

cubic feet or less in volume that does 

not have a horizontal escape. 

(b) The lockout valve must be a 

manually operated valve located in the 

discharge manifold prior to the stop 

valve or selector valves. When in the 

closed position, the lockout valve must 

provide complete isolation of the system 

from the protected space or spaces, 

making it impossible for carbon dioxide 

to discharge in the event of equipment 

failure during maintenance. 

(c) The lockout valve design or 

locking mechanism must make it 

obvious whether the valve is open or 

closed. 

(d) A valve is considered a lockout 

valve if it has a hasp or other means of 

attachment to which, or through which, 

a lock can be affixed, or it has a locking 

mechanism built into it. 

(e) The lockout valve must be locked 

in the closed position whenever 

maintenance is performed on the 

extinguishing system. The master must 

ensure that the lockout valve is locked 

in the open position when maintenance 

is complete and the system is returned 

to operable condition. 

(f) Lockout valves added to existing 

systems must be approved by the 

Commandant for use in the system. 

(g) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the lockout valve 

requirements of this section not later 

than [DATE 5 YEARS AFTER 

EFFECTIVE DATE OF RULE]. 

90. Add a new § 169.571 to read as 

follows: 

§ 169.571 Olfactory additives. 

(a) Each carbon dioxide extinguishing 

system must have an approved 

odorizing unit to produce the scent of 

wintergreen, the detection of which will 

serve as an indication that carbon 

dioxide gas is present in a protected 

area and any other area into which the 

carbon dioxide may migrate. 

(b) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the requirements of this 

section not later than [DATE 5 YEARS 

AFTER EFFECTIVE DATE OF RULE]. 

91. Revise § 169.732 to read as 

follows: 

§ 169.732 Carbon dioxide and clean agent 

alarms. 

(a) Each carbon dioxide or clean agent 

fire extinguishing alarm must be 

conspicuously marked: ‘‘WHEN ALARM 

SOUNDS VACATE AT ONCE. CARBON 

DIOXIDE OR CLEAN AGENT BEING 

RELEASED.’’ 

(b) Each entrance to a space storing 

carbon dioxide cylinders, a space 

protected by carbon dioxide systems, or 

any space into which carbon dioxide 

might migrate must be conspicuously 

marked as follows: 

(1) Spaces storing carbon dioxide— 

‘‘CARBON DIOXIDE GAS CAN CAUSE 

INJURY OR DEATH. VENTILATE THE 

AREA BEFORE ENTERING. A HIGH 

CONCENTRATION CAN OCCUR IN 

THIS AREA AND CAN CAUSE 

SUFFOCATION.’’ 

(2) Spaces protected by carbon 

dioxide—‘‘CARBON DIOXIDE GAS CAN 

CAUSE INJURY OR DEATH. WHEN 

ALARM OPERATES OR 

WINTERGREEN SCENT IS DETECTED, 

DO NOT ENTER UNTIL VENTILATED. 

LOCK-OUT SYSTEM WHEN 

SERVICING.’’ 

(3) Spaces into which carbon dioxide 

might migrate—‘‘CARBON DIOXIDE 

GAS CAN CAUSE INJURY OR DEATH. 

DISCHARGE INTO NEARBY SPACE 

CAN COLLECT HERE. WHEN ALARM 

OPERATES OR WINTERGREEN SCENT 

IS DETECTED VACATE 

IMMEDIATELY.’’ 

92. Revise § 169.734 to read as 

follows: 

§ 169.734 Fire extinguishing system 

controls. 

Each control cabinet or space 

containing valves or manifolds for the 

various fire extinguishing systems must 

be distinctly marked in conspicuous red 

letters at least 2 inches high: ‘‘CARBON 

DIOXIDE FIRE EXTINGUISHING 

SYSTEM,’’ ‘‘HALON EXTINGUISHING 

SYSTEM,’’ or ‘‘CLEAN AGENT 

EXTINGUISHING SYSTEM,’’ as 

appropriate. 

PART 176—INSPECTION AND 

CERTIFICATION 

93. The authority citation for Part 176 

continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; 

E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 743; E.O. 12234, 45 FR 58801, 3 

CFR, 1980 Comp., p. 277; Department of 

Homeland Security Delegation No. 0170.1 

94. Revise § 176.810(b)(2) to read as 

follows: 

§ 176.810 Fire protection. 

* * * * * 

(b) * * * 

(2) For semiportable and fixed gas fire 

extinguishing systems, the inspections 

and tests required by Table 

176.810(b)(2), in addition to the tests 

required by 46 CFR 147.60, 147.65, 

147.66, and 147.67. The owner or 

managing operator must provide 

satisfactory evidence of the required 

servicing to the marine inspector. If any 

equipment or record has not been 

properly maintained, a qualified 

servicing facility may be required to 

perform the required inspections, 

maintenance procedures, and 

hydrostatic pressure tests. 

TABLE 176.810(b)(2)—SEMIPORTABLE AND FIXED FIRE EXTINGUISHING SYSTEMS

Type system Test 

Carbon dioxide ..................... Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms, 

and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system 

manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. 

Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be 

tested or renewed, as required by 46 CFR 147.60 and 147.65. 


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TABLE 176.810(b)(2)—SEMIPORTABLE AND FIXED FIRE EXTINGUISHING SYSTEMS—Continued 

Type system Test 

Halon 1301 and halocarbon Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge 

cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be 

tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. Note that Halon 1301 system approvals have expired, but that existing systems may be retained if they are in good and serviceable condition to the satisfaction 

of the Coast Guard inspector. 

Dry chemical (cartridge operated).Examine pressure cartridge and replace if end is punctured or if determined to have leaked or to be in unsuitable 

condition. Inspect hose and nozzle to see if they are clear. Insert charged cartridge. Ensure dry chemical is 

free flowing (not caked) and extinguisher contains full charge. 

Dry chemical (stored pressure).See that pressure gauge is in operating range. If not, or if the seal is broken, weigh or otherwise determine that 

extinguisher is fully charged with dry chemical. Recharge if pressure is low or if dry chemical is needed. 

Foam (stored pressure) ....... See that any pressure gauge is in the operating range. If not, or if the seal is broken, weigh or otherwise determine that extinguisher is fully charged with foam. Recharge if pressure is low or if foam is needed. Replace 

premixed agent every 3 years. 

Inert gas ............................... Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections on fixed 

inert extinguishers must be tested or renewed as required by 46 CFR 147.60 and 147.66. 

Water mist ............................ Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual. 

* * * * * 

PART 181—FIRE PROTECTION 

EQUIPMENT 

95. The authority citation for Part 181 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

96. Amend § 181.410, to revise 

paragraph (c)(7) and add paragraphs 

(f)(7) to (15) to read as follows: 

§ 181.410 Fixed gas fire extinguishing 

systems. 

* * * * * 

(c) * * * 

(7) A Halon 1301 storage cylinder 

must be stowed in an upright position 

unless otherwise listed by the 

independent laboratory. A carbon 

dioxide cylinder may not be inclined 

more than 30° from the vertical unless 

fitted with flexible or bent siphon tubes, 

in which case it may be inclined not 

more than 80° from the vertical. 

Cylinders for clean agent systems must 

be installed in an upright position 

unless otherwise specified in the 

system’s instruction manual. 

* * * * * 

(f) * * * 

(7) A lockout valve must be provided 

on any carbon dioxide extinguishing 

system protecting a space over 6,000 

cubic feet in volume or a space 6,000 

cubic feet or less in volume that does 

not have a horizontal escape. 

(8) The lockout valve must be a 

manually operated valve located in the 

discharge manifold prior to the stop 

valve or selector valves. When in the 

closed position, the lockout valve must 

provide complete isolation of the system 

from the protected space or spaces, 

making it impossible for carbon dioxide 

to discharge in the event of equipment 

failure during maintenance. 

(9) The lockout valve design or 

locking mechanism must make it 

obvious whether the valve is open or 

closed. 

(10) A valve is considered a lockout 

valve if it has a hasp or other means of 

attachment to which, or through which, 

a lock can be affixed, or it has a locking 

mechanism built into it. 

(11) The lockout valve must be locked 

in the closed position whenever 

maintenance is performed on the 

extinguishing system. The master must 

ensure that the lockout valve is locked 

in the open position when maintenance 

is complete and the system is returned 

to operable condition. 

(12) Lockout valves added to existing 

systems must be approved by the 

Commandant for use in the system. 

(13) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the lockout valve 

requirements of this section not later 

than [DATE 5 YEARS AFTER 

EFFECTIVE DATE OF RULE]. 

(14) Each carbon dioxide 

extinguishing system must have an 

approved odorizing unit to produce the 

scent of wintergreen, the detection of 

which will serve as an indication that 

carbon dioxide gas is present in a 

protected area and any other area into 

which the carbon dioxide may migrate. 

(15) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the requirements of this 

section not later than [DATE 5 YEARS 

AFTER EFFECTIVE DATE OF RULE]. 

* * * * * 

PART 182—MACHINERY 

INSTALLATION 

97. The authority citation for Part 182 

continues to read as follows: 

Authority: 46 U.S.C. 3306; E.O. 12234, 45 

FR 58801, 3 CFR, 1980 Comp., p. 277; 

Department of Homeland Security Delegation 

No. 0170.1. 

98. Revise § 182.710(a)(3) to read as 

follows: 

§ 182.710 Piping for vital systems. 

(a) * * * 

(3) Carbon dioxide, Halon 1301, and 

clean agent systems; 

* * * * * 

PART 185—OPERATIONS 

99. The authority citation for Part 185 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

100. Amend § 185.612, to revise 

paragraph (f) and to add a paragraph (g) 

to read as follows: 

§ 185.612 Fire protection equipment. 

* * * * * 

(f) The control cabinets or spaces 

containing valves, manifolds or controls 

for the various fire extinguishing 


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systems must be marked in conspicuous 

red letters at least 2 inches high: 

‘‘[STEAM/CARBON DIOXIDE/CLEAN 

AGENT/FOAM/WATER SPRAY—as 

appropriate] FIRE APPARATUS.’’ 

(g) Each entrance to a space storing 

carbon dioxide cylinders, a space 

protected by carbon dioxide systems, or 

any space into which carbon dioxide 

might migrate must be conspicuously 

marked as follows: 

(1) Spaces storing carbon dioxide— 

‘‘CARBON DIOXIDE GAS CAN CAUSE 

INJURY OR DEATH. VENTILATE THE 

AREA BEFORE ENTERING. A HIGH 

CONCENTRATION CAN OCCUR IN 

THIS AREA AND CAN CAUSE 

SUFFOCATION.’’ 

(2) Spaces protected by carbon 

dioxide—‘‘CARBON DIOXIDE GAS CAN 

CAUSE INJURY OR DEATH. WHEN 

ALARM OPERATES OR 

WINTERGREEN SCENT IS DETECTED, 

DO NOT ENTER UNTIL VENTILATED. 

LOCK-OUT SYSTEM WHEN 

SERVICING.’’ 

(3) Spaces into which carbon dioxide 

might migrate—‘‘CARBON DIOXIDE 

GAS CAN CAUSE INJURY OR DEATH. 

DISCHARGE INTO NEARBY SPACE 

CAN COLLECT HERE. WHEN ALARM 

OPERATES OR WINTERGREEN SCENT 

IS DETECTED VACATE 

IMMEDIATELY.’’ 

PART 189—INSPECTION AND 

CERTIFICATION 

101. The authority citation for Part 

189 continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

2113, 3306, 3307; E.O. 12234, 45 FR 58801, 

3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 

FR 54757, 3 CFR, 1991 Comp., p. 351; 

Department of Homeland Security Delegation 

No. 0170.1. 

102. In § 189.25–20, revise the section 

heading and Table 189.25–20(a)(2) to 

read as follows: 

§ 189.25–20 Fire extinguishing equipment. 

* * * * * 

TABLE 189.25–20(a)(2) 

Type system Test 

Foam .................................... Systems utilizing a soda solution must have such solution replaced. In all cases, ascertain that powder is not 

caked. 

Carbon dioxide ..................... Weigh cylinders. Recharge cylinder if weight loss exceeds 10% of weight of charge. Test time delays, alarms, 

and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system 

manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. 

Cylinders must be tested and marked, and all flexible connections on fixed carbon dioxide systems must be 

tested or renewed, as required by 46 CFR 147.60 and 147.65. 

Halon 1301 or halocarbon ... Recharge or replace if weight loss exceeds 5% of weight of charge or if cylinder has a pressure gauge, recharge 

cylinder if pressure loss exceeds 10%, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be 

tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by 46 CFR 147.60 and 147.65 or 147.67. Note that Halon 1301 system approvals have expired, but that existing systems may be retained if they are in good and serviceable condition to the satisfaction 

of the Coast Guard inspector. 

Inert gas ............................... Recharge or replace cylinder if cylinder pressure loss exceeds 5% of specified gauge pressure, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections on fixed 

inert extinguishers must be tested or renewed as required by 46 CFR 147.60 and 147.66. 

Water mist ............................ Maintain system in accordance with the maintenance instructions in the system manufacturer’s design, installation, operation, and maintenance manual. 

* * * * * 

103. Revise § 189.55–5(d)(4) to read as 

follows: 

§ 189.55–5 Plans and specifications 

required for new construction. 

* * * * * 

(d) * * * 

(4) Details of extinguishing systems, 

including fire mains, carbon dioxide, 

clean agent, foam, and sprinkling 

systems. 

* * * * * 

PART 190—CONSTRUCTION AND 

ARRANGEMENT 

104. The authority citation for Part 

190 continues to read as follows: 

Authority: 46 U.S.C. 2113, 3306; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

105. Revise § 190.15–5(i) to read as 

follows: 

§ 190.15–5 Vessels using fuel having a 

flashpoint of 110 ≥F or lower. 

* * * * * 

(i) Provisions must be made for 

closing all cowls or scoops when the 

fixed carbon dioxide or clean agent 

system is operated. 

PART 193—FIRE PROTECTION 

EQUIPMENT 

106. The authority citation for Part 

193 continues to read as follows: 

Authority: 46 U.S.C. 2213, 3102, 3306; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

107. Revise § 193.05–10 to read as 

follows: 

§ 193.05–10 Fixed fire extinguishing 

systems. 

(a) Approved fire extinguishing 

systems must be installed in all lamp 

and paint lockers, oil rooms, and similar 

spaces. 

(b) A fixed carbon dioxide or clean 

agent fire extinguishing system 

complying with 46 CFR subparts 95.15 

and 95.16 must be installed for: 

(1) Internal combustion engine 

installations; 

(2) Gas turbine installations; 

(3) Enclosed spaces containing 

gasoline engines; 

(4) Chemical storerooms; 

(5) Any space containing auxiliaries 

with an aggregate power of 1,000 brake 

horsepower (b.h.p.) or greater, or their 

fuel oil units, including purifiers, 

valves, and manifolds, on vessels of 

1,000 gross tons and over; and 


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(6) Enclosed ventilating systems 

installed for electric propulsion motors 

or generators. 

(c) On vessels of 1,000 gross tons and 

over, a fixed carbon dioxide or clean 

agent fire extinguishing system 

complying with 46 CFR subparts 95.15 

and 95.16 or a foam system complying 

with 46 CFR subpart 95.17 must be 

installed for any space containing main 

or auxiliary oil fired boilers or their 

associated fuel oil units, valves, or 

manifolds in the line between the 

settling tanks and the boilers. 

(d) Systems for spaces containing 

explosives and other dangerous articles 

or substances must also comply with 46 

CFR Part 194. 

108. In § 193.10–5, revise the section 

heading and paragraph (h) to read as 

follows: 

§ 193.10–5 Fire main system, details. 

* * * * * 

(h) On vessels with main or auxiliary 

oil fired boilers or vessels with internal 

combustion propulsion machinery, 

when two fire pumps are required, the 

boilers or machinery must be located in 

separate spaces, and the arrangement, 

pumps, sea connections, and sources of 

power must be such as to ensure that a 

fire in any one space will not put all of 

the fire pumps out of operation. 

However, when it is shown to the 

satisfaction of the Commandant that it is 

unreasonable or impracticable to meet 

this requirement due to the size or 

arrangement of the vessel, or for other 

reasons, the installation of a total 

flooding system using carbon dioxide or 

a clean agent complying with 46 CFR 

subpart 95.16 may be accepted as an 

alternate method of extinguishing any 

fire that could affect the powering and 

operation for the required fire pumps. 

* * * * * 

109. Revise the heading to subpart 

193.15 to read as follows: 

Subpart 193.15—Carbon Dioxide and 

Clean Agent Extinguishing Systems, 

Details 

110. Add a new § 193.15–16 to read 

as follows: 

§ 193.15–16 Lockout valves. 

(a) A lockout valve must be provided 

on any carbon dioxide extinguishing 

system protecting a space over 6,000 

cubic feet in volume or a space 6,000 

cubic feet or less in volume that does 

not have a horizontal escape. 

(b) The lockout valve must be a 

manually operated valve located in the 

discharge manifold prior to the stop 

valve or selector valves. When in the 

closed position, the lockout valve must 

provide complete isolation of the system 

from the protected space or spaces, 

making it impossible for carbon dioxide 

to discharge in the event of equipment 

failure during maintenance. 

(c) The lockout valve design or 

locking mechanism must make it 

obvious whether the valve is open or 

closed. 

(d) A valve is considered a lockout 

valve if it has a hasp or other means of 

attachment to which, or through which, 

a lock can be affixed, or it has a locking 

mechanism built into it. 

(e) The lockout valve must be locked 

in the closed position whenever 

maintenance is performed on the 

extinguishing system. The master must 

ensure that the lockout valve is locked 

in the open position when maintenance 

is complete and the system is returned 

to operable condition. 

(f) Lockout valves added to existing 

systems must be approved by the 

Commandant for use in the system. 

(g) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the lockout valve 

requirements of this section not later 

than [DATE 5 YEARS AFTER 

EFFECTIVE DATE OF RULE]. 

111. Add a new § 193.15–17 to read 

as follows: 

§ 193.15–17 Olfactory additives. 

(a) Each carbon dioxide extinguishing 

system must have an approved 

odorizing unit to produce the scent of 

wintergreen, the detection of which will 

serve as an indication that carbon 

dioxide gas is present in a protected 

area and any other area into which the 

carbon dioxide may migrate. 

(b) Vessels in operation on 

[EFFECTIVE DATE OF RULE] must 

comply with the requirements of this 

section not later than [DATE 5 YEARS 

AFTER EFFECTIVE DATE OF RULE]. 

112. Add a new § 193.15–50 to read 

as follows: 

§ 193.15–50 Clean agent systems. 

A clean agent system complying with 

46 CFR subpart 95.16 may be used as an 

alternative to a carbon dioxide fire 

extinguishing system. 

PART 194—HANDLING, USE, AND 

CONTROL OF EXPLOSIVES AND 

OTHER HAZARDOUS MATERIALS 

113. The authority citation for Part 

194 continues to read as follows: 

Authority: 46 U.S.C. 2103, 2113, 3306; 49 

U.S.C. App. 1804; E.O. 12234, 45 FR 58801, 

3 CFR, 1980 Comp., p. 277; Department of 

Homeland Security Delegation No. 0170.1. 

114. Revise § 194.20–7(a) to read as 

follows: 

§ 194.20–7 Fire protection. 

(a) Each chemical storeroom must be 

protected by a fixed automatic 

extinguishing system using carbon 

dioxide or a clean agent complying with 

46 CFR subpart 95.16, installed in 

accordance with 46 CFR subpart 193.15. 

* * * * * 

PART 196—OPERATIONS 

115. The authority citation for Part 

196 continues to read as follows: 

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 

2213, 3306, 5115, 6101; E.O. 12777, 56 FR 

54757, 3 CFR, 1991 Comp., p. 351; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

116. Add a new § 196.37–8 to read as 

follows: 

§ 196.37–8 Carbon dioxide warnings. 

Each entrance to a space storing 

carbon dioxide cylinders, a space 

protected by carbon dioxide systems, or 

any space into which carbon dioxide 

might migrate must be conspicuously 

marked as follows: 

(a) Spaces storing carbon dioxide— 

‘‘CARBON DIOXIDE GAS CAN CAUSE 

INJURY OR DEATH. VENTILATE THE 

AREA BEFORE ENTERING. A HIGH 

CONCENTRATION CAN OCCUR IN 

THIS AREA AND CAN CAUSE 

SUFFOCATION.’’ 

(b) Spaces protected by carbon 

dioxide—‘‘CARBON DIOXIDE GAS CAN 

CAUSE INJURY OR DEATH. WHEN 

ALARM OPERATES OR 

WINTERGREEN SCENT IS DETECTED, 

DO NOT ENTER UNTIL VENTILATED. 

LOCK-OUT SYSTEM WHEN 

SERVICING.’’ 

(c) Spaces into which carbon dioxide 

might migrate—‘‘CARBON DIOXIDE 

GAS CAN CAUSE INJURY OR DEATH. 

DISCHARGE INTO NEARBY SPACE 

CAN COLLECT HERE. WHEN ALARM 

OPERATES OR WINTERGREEN SCENT 

IS DETECTED VACATE 

IMMEDIATELY.’’ 

117. Revise § 196.37–9 to read as 

follows: 

§ 196.37–9 Carbon dioxide and clean agent 

alarms. 

Each extinguishing system using 

carbon dioxide or clean agent 

complying with 46 CFR subpart 95.16 

must be conspicuously marked in an 

adjacent location: ‘‘WHEN ALARM 

SOUNDS VACATE AT ONCE. CARBON 

DIOXIDE OR CLEAN AGENT BEING 

RELEASED.’’ 

118. Revise § 196.37–13 to read as 

follows: 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS2
Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Proposed Rules 8459 

§ 196.37–13 Fire extinguishing system 

controls. 

The control cabinets or spaces 

containing valves, manifolds or controls 

for the various fire extinguishing 

systems must be marked in conspicuous 

red letters at least 2 inches high: 

‘‘[CARBON DIOXIDE/CLEAN AGENT/ 

FOAM—as appropriate] FIRE 

APPARATUS.’’ 

Dated: February 12, 2010. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards. 

[FR Doc. 2010–3094 Filed 2–23–10; 8:45 am] 

BILLING CODE 9110–04–P 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS2