76676 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 

1 88 FR 33026. 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 149 

46 CFR Parts 2, 31, 32, 34, 35, 39, 56, 

76, 77, 95, 96, 105, 107, 108, 109, 115, 

116, 118, 132, 147, 159, 160, 161, 162, 

163, 164, 167, 169, 181, 195, and 199 

[Docket No. USCG–2020–0519] 

RIN 1625–AC76 

Marine Equipment on Board Vessels 

and Offshore Units or Facilities 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is revising 

regulations associated with the 

approval, carriage, and maintenance of 

certain safety equipment required on 

board vessels and offshore units or 

facilities. We are taking this action to 

align these regulations with current 

industry practice and provide more 

transparent regulations for the regulated 

industry. These revisions eliminate 

outdated requirements, reduce 

inspection and testing requirements, 

and update standards incorporated by 

reference. Additionally, these revisions 

remove obsolete sections and align 

conflicting sections with the 

International Convention for the Safety 

of Life at Sea. 

DATES: This final rule is effective 

October 18, 2024. 

The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register beginning October 18, 2024. 

The incorporation by reference of 

certain other publications listed in the 

rule was approved by the Director of the 

Federal Register as of August 22, 2016. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0519 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: For 

information about this document, call or 

email Lieutenant Jeff Bors, Lifesaving 

and Fire Safety Division (CG–ENG–4), 

U.S. Coast Guard; telephone 571–610– 

2849, email Jeffrey.S.Bors@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Basis, Purpose, and Regulatory History 

III. Background 

IV. Discussion of Comments 

V. Discussion of the Final Rule and Changes 

From NPRM 

VI. Incorporation by Reference 

VII. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

ASTM ASTM International 

CFR Code of Federal Regulations 

CG–ENG Coast Guard Office of Design and 

Engineering Standards 

COMDTINST Commandant Instruction 

COSPAS Space System for the Search of 

Vessels in Distress 

DHS Department of Homeland Security 

EPIRB Emergency Position Indicating Radio 

Beacon 

FCC Federal Communications Commission 

FR Federal Register 

FTP Code Fire Test Procedures Code 

IBR Incorporation by reference 

IMO International Maritime Organization 

ISO International Organization for 

Standardization 

LSA Life-Saving Appliances 

MISLE Marine Information for Safety and 

Law Enforcement 

MODU Mobile offshore drilling unit 

MSC Maritime Safety Committee 

MSHA Mine Safety and Health 

Administration 

NIOSH National Institute for Occupational 

Safety and Health 

NFPA National Fire Protection Association 

NRTL Nationally Recognized Testing 

Laboratory 

NPRM Notice of proposed rulemaking 

NVIC Navigation and Vessel Inspection 

Circular 

OCMI Officer in Charge, Marine Inspection 

OCS Outer Continental Shelf 

OMB Office of Management and Budget 

PHS Public Health Service 

RTCM Radio Technical Commission for 

Maritime Services 

SARSAT Search and Rescue Satellite-Aided 

Tracking 

SCBA Self-contained breathing apparatus 

§ Section 

SME Subject matter expert 

SOLAS International Convention for the 

Safety of Life at Sea 

UL Underwriters Laboratories, Inc. 

U.S.C. United States Code 

II. Basis, Purpose, and Regulatory 

History 

The statutory authority for these 

regulations can be found in Title 46 of 

the United States Code (U.S.C.), 

Sections 3306 and 3703. The authority 

to issue regulations, pursuant to these 

sections, is delegated to the 

Commandant of the Coast Guard under 

Department of Homeland Security 

(DHS) Delegation No. 00170.1, Revision 

No. 01.4, paragraph (II)(92). 

Under 46 U.S.C. 3306, the Secretary of 

DHS is required to prescribe necessary 

regulations to ensure safety of 

individuals and property on board 

vessels subject to inspection. This final 

rule ensures the proper design, 

construction, alteration, repair, and 

operation of vessels subject to 

inspection. 

Under 46 U.S.C. 3703, the Secretary of 

DHS is required to prescribe regulations 

for the design, construction, alteration, 

repair, maintenance, operation, 

equipping, personnel qualification, and 

manning of tank and cargo vessels that 

may be necessary for increased 

protection against hazards to life and 

property, navigation and vessel safety, 

and enhanced protection of the marine 

environment. 

The Coast Guard issued a notice of 

proposed rulemaking (NPRM) on May 

23, 2023, and solicited public comment 

on the proposed rule during a comment 

period of 62 days.1 The comment period 

closed on July 24, 2023. The Coast 

Guard received six comment 

submissions, which are discussed later 

in this document. 

This final rule amends title 33 of the 

Code of Federal Regulations (CFR), 

chapter I, subchapters NN, and 46 CFR, 

chapter I, subchapters A, D, F, H, I, I– 

A, K, L, N, Q, R, T, U, and W. These 

subchapters are associated with 

approving, carrying, and maintaining 

certain safety equipment required on 

board vessels and offshore units or 

facilities. The revisions in this final rule 

eliminate outdated requirements, reduce 

inspection and testing requirements, 

modify submission requirements for 

equipment approval to allow materials 

to be submitted electronically, and 

update standards incorporated by 

reference. Additionally, this final rule 

removes numerous obsolete CFR 

sections and updates other CFR sections 

to bring them into compliance with the 

International Convention for the Safety 

of Life at Sea (SOLAS) and related 

regulations. 

III. Background 

The Coast Guard conducted a 

comprehensive review of regulations 

regarding the approval, carriage, and 

maintenance of marine equipment on 

U.S.-flagged vessels. The Coast Guard 

continues to review regulations with the 

following goals: updating references to 


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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 76677 

2U.S. Coast Guard NVIC 02–81 Ch-2, https://

www.dco.uscg.mil/Portals/9/DCO%20Documents/ 

5p/5ps/NVIC/1981/NVIC%2002-81%20Ch.2_

CG%20%Inspec%20Guidance20Integrated%

20and%20Articulated%20Tug%20&%

20Barges.pdf, accessed January 23, 2024. 

incorporated standards that have been 

modified; clarifying language; providing 

additional regulatory flexibility where 

possible; minimizing the regulatory 

burden on affected vessels; and 

removing obsolete rules to ensure 

marine equipment requirements are 

current with emerging technology and 

industry standards. 

IV. Discussion of Comments 

In response to the NPRM published 

on May 23, 2023, we received six 

written submissions during the 

comment period. These written 

submissions are available in the public 

docket for this rulemaking, where 

indicated under ADDRESSES, or at the 

direct link: https://www.regulations.gov/ 

docket/USCG-2020-0519/comments. 

The Coast Guard appreciates the 

comments from the public, as these 

insights continue to inform Coast Guard 

actions and programs. We summarize 

the comments and our responses in the 

paragraphs that follow. 

One commenter noted that the 

proposed changes to 46 CFR 116.400(c) 

would create an unintentional 

application of subchapter H’s egress 

requirements found in § 72.05–20 for all 

subchapter K vessels that use SOLAS 

Structural Fire Protection requirements 

as equivalent. The intent of the 

amendments to § 116.400 was to clarify 

the egress requirements and not to 

impose additional egress requirements. 

All subchapter K vessels that use 

SOLAS Structural Fire Protection 

requirements as equivalent must comply 

with the egress requirements for 

stairtowers, stairways, ladders, and 

elevators in § 116.438. In accordance 

with § 116.438(a), those subchapter K 

vessels that carry more than 600 

passengers or with overnight 

accommodations for more than 49 

passengers must meet the egress 

requirements in subchapter H for 

stairtowers, stairways, ladders, and 

elevators in § 72.05–20. In response to 

this comment, in § 116.400(c) we 

removed the direct reference to § 72.05– 

20 from the proposed rule and added a 

reference to § 116.438 in this final rule 

so as not to apply § 72.05–20 to all 

subchapter K vessels. 

A commenter noted the rulemaking’s 

intent to ‘‘align the regulations with the 

current industry practice and provide 

more transparent regulations for the 

regulated industry’’ and suggested 

revising and updating the regulations 

for 46 CFR subchapter W. The 

commenter offered a number of 

suggestions to revise regulations for 

Emergency Position Indicating Radio 

Beacons (EPIRBs), distress signals, 

lifebuoys, survival craft, line throwing 

appliances, and provide clarity to the 

definitions of accommodation and 

workstation. The updates to subchapter 

W in this rule were specifically drafted 

to align davit maintenance intervals 

with SOLAS requirements, and not to 

update regulations in subchapter W in 

general. Therefore, this commenter’s 

suggestions are outside the scope of this 

rulemaking. We cannot make those 

updates in this final rule; however, the 

Coast Guard acknowledges that the 

application of subchapter W to barges 

that are not self-propelled is ambiguous 

and is working to address it. 

Additionally, as of July 2023, there is a 

newly published Change 2 to Navigation 

and Vessel Inspection Circular (NVIC) 

02–81 2 that has exemptions for lifesaving requirements on integrated and 

articulated tug and barge combinations. 

We received a comment regarding 

Coast Guard requirements for 

nonmetallic (plastic) piping used in 

various engineering systems for 

different types of vessels. The comment 

suggested that, because all nonmetallic 

piping used in the building industry 

essentially meets the same ASTM 

International (ASTM) D1784 standard 

requirements, piping that also meets 

this standard should be acceptable for 

use in vessel systems without more 

requirements from the Coast Guard. The 

intent of this rule on this particular 

subject is to remove redundant fire 

testing requirements for nonmetallic 

piping, specifically for vessels under 46 

CFR subchapter K. A proposal to newly 

incorporate an industry standard on this 

subject is beyond the scope of this 

rulemaking, as piping requirements vary 

between the regulations applicable to 

specific vessel types. We note that 

manufacturers and vessel designers may 

submit specific material test results for 

general approval by the Coast Guard, or 

acceptance to an equivalent level of 

safety to the CFR for a particular vessel 

or project. As a result, the Coast Guard 

made no changes from the proposed 

rule in response to this comment. 

We received a comment that 

concurred with the proposed edits to 46 

CFR 56.60–25(a)(4), but also 

recommended that § 56.60–25(a)(7) be 

modified to include other laboratory 

accreditation bodies for potable water 

piping. Specifically, the comment 

recommended inclusion of accreditation 

entities signatory to the International 

Laboratory Accreditation Cooperation 

Mutual Recognition Arrangement. The 

Coast Guard’s proposed change to 

remove repetitive wording was editorial 

in nature. As the commenter’s 

recommended modification of 

acceptable accreditation entities is a 

substantial change that was not 

considered in the NPRM, we cannot 

make that change in this final rule; 

however, the recommendation may be 

considered for a future rulemaking. 

We also received a comment 

regarding the carpet requirements for 

vessels under subchapter K in 46 CFR 

116.423. The comment stated that the 

rugs and carpets requirements in 

§ 116.423(a)(4) are applicable to all 

spaces, not just rooms containing fire 

resistant furnishings under § 116.423(a) 

and suggests that the carpet 

requirements should be its own 

paragraph, not a subparagraph of 

§ 116.423(a). The Coast Guard 

acknowledges this comment. It is 

outside the scope of this rulemaking 

because this section was not part of the 

changes proposed in the NPRM. 

However, we will consider this revision 

for inclusion in a future rulemaking. For 

these reasons, we have made no changes 

from the proposed rule in response to 

this comment. 

We received one comment on the 

regulatory analysis (RA) related to the 

affected population for the lifeboats 

listed in table 2 of the NPRM. The 

commenter expressed concern that the 

table did not provide enough clarity to 

determine if floating Outer Continental 

Shelf (OCS) facilities were included. We 

did not include floating OCS facilities in 

our population of vessels carrying 

lifeboats because the proposed change is 

not applicable to floating OCS facilities. 

We made the recommended changes to 

reflect the affected population of vessels 

carrying lifeboats by subchapter, and we 

listed the affected population by 

inspection subchapter, for vessels 

carrying lifeboats, in table 7 of the RA 

in this final rule. 

V. Discussion of the Final Rule and 

Changes From NPRM 

In order to decrease likelihood of 

introducing errors, to improve efficiency 

during the publication process, and to 

meet drafting and formatting 

requirements for publication, we are 

revising or revising and republishing 

several sections and tables, as 

appropriate. This final rule makes no 

substantive changes from the NPRM; it 

makes effective the following changes to 

various subchapters in titles 33 and 46 

of the CFR: 

(1) Modifies equipment approval 

submission requirements to allow for 

materials to be submitted electronically 

to typeapproval@uscg.mil, instead of the 


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existing requirement of paper 

submissions in triplicate; 

(2) Removes obsolete regulations for 

pilot hoists that are no longer allowed 

on U.S.-flagged vessels; 

(3) Allows vessel owners and 

operators to use a third party to test the 

properties and quality of their 

firefighting foam; 

(4) Revises the requirements for 

pressure vacuum relief valves to align 

with international consensus standards; 

(5) Updates requirements for lifeboat 

and rescue boat releasing mechanisms 

on board mobile offshore drilling units 

(MODUs) to allow for lifeboats that 

serve as rescue boats to carry lifeboat 

releasing mechanisms. We note that this 

does not apply to OCS facilities as 

incorrectly stated in the NPRM; 

(6) Removes prescriptive design 

requirements for lifeboat, rescue boat, 

and liferaft winch limit switches and 

aligns requirements with the Life-Saving 

Appliances (LSA) Code; 

(7) Removes a redundant flame-spread 

testing requirement for nonmetallic 

piping used in certain vessels; 

(8) Revises the ‘‘end-for-ending’’ 

requirement for launching appliance 

falls (wire ropes) to align with SOLAS, 

which allows for a fall replacement 

interval of 5 years without end-forending; 

(9) Changes the interval for 

hydrostatic testing of all inert gas 

firefighting extinguishing system bottles 

to align with the hydrostatic testing 

intervals for carbon dioxide and Halon 

firefighting extinguishing systems. The 

interval will change from at least once 

every 5 or 10 years (depending on bottle 

size) to once every 12 years; 

(10) Removes the Mine Safety and 

Health Administration’s (MSHA) 

approval requirement for self-contained 

breathing apparatuses (SCBAs) because 

MSHA no longer certifies this type of 

equipment for marine use; 

(11) Revises the standards of fireresistant fiber-reinforced plastic resin 

used to manufacture survival craft and 

rescue boats to allow the use of 

additional international standards; 

(12) Removes the requirement for 

Coast Guard approval of EPIRBs and 

codifies the current policy in which the 

Coast Guard reviews test data, 

instruction manuals, drawings, and 

specifications of the EPIRB and issues a 

letter to the manufacturer stating 

whether the EPIRB satisfies all Radio 

Technical Commission for Maritime 

Services (RTCM) Recommended 

Standards. This aligns with the 

requirements as set out in 47 CFR 

80.1061; 

(13) Adds an option for the use of fire 

detection systems as excess equipment 

for MODUs and a grandfathering clause 

for fire extinguishers on board nautical 

school vessels; 

(14) Makes editorial changes to clarify 

language, correct typographical errors, 

and delete repetitive words; 

(15) Updates incorporations by 

reference (IBRs), removes outdated IBRs, 

and revises CFR citations to the correct 

IBRs; 

(16) Corrects errors in fire 

extinguisher quantities and ratings from 

a previous rulemaking; and 

(17) Clarifies structural fire protection 

requirements for means of egress on 46 

CFR subchapter K vessels. 

Table 1 provides a list of the types of 

changes, summaries of the changes, and 

the subparts affected by this final rule. 

Further explanation for each of these 

categories can be found after the table. 

TABLE 1—SUMMARY OF CHANGES AND CFR SUBPARTS AND SECTIONS AFFECTED

Equipment involved or 

type of change Changes Affected CFR subparts and sections 

CFR References and 

Changes to IBRs.

1. Deletes references to outdated IBRs and corrects 

improper IBRs in regulation text. 2. Corrects improper 

CFR references.

46 CFR 115.810(b)(1), 46 CFR 118.500(d), 46 CFR 

160.171–3, 46 CFR 160.174–3, 46 CFR 161.002– 

18(a)(3), 46 CFR 161.002–19(a)(3), 46 CFR 

161.002–19(b)(3), 46 CFR 162.017–0, 46 CFR 

164.106–3(a), 46 CFR 164.137–2(b)(2), 46 CFR 

164.137–3(a), 46 CFR 164.138–2(a), 46 CFR 

164.138–2(b)(2), 46 CFR 164.138–3(a), 46 CFR 

164.139–2(a), 46 CFR 164.139–2(b)(2), 46 CFR 

164.139–3(a). 

Editorial ................................ 1. Clarifies language. 2. Corrects typographical errors. 

3. Deletes repetitive words and wording.

33 CFR 149.410, 46 CFR 56.60–25(a)(4), 46 CFR 

108.495, 46 CFR subpart 162.017, 46 CFR 

181.500(b). 

Electronic Submissions ........ 1. Adds option to submit equipment approval materials 

electronically. 2. Removes requirement for multiple 

copies of submissions for equipment approval, if submitted electronically.

46 CFR 2.75–10(b), 46 CFR 159.001–5, 46 CFR 

160.115–9(b), 46 CFR 160.115–13(g)(2), 46 CFR 

160.132–9(b), 46 CFR 160.132–13(g)(2), 46 CFR 

160.133–9(b), 46 CFR 160.133–13(g)(2), 46 CFR 

160.135–9(b), 46 CFR 160.135–13(g)(2), 46 CFR 

160.156–9(b), 46 CFR 160.156–13(g)(2), 46 CFR 

160.170–9(b), 46 CFR 160.170–13(g)(2), 46 CFR 

161.002–18(a), 46 CFR 161.002–19(a)(2), 46 CFR 

161.012–5(a), 46 CFR 161.012–5(b)(2), 46 CFR 

161.013–11(c)(1), 46 CFR 161.013–17, 46 CFR 

162.050–15(a), 46 CFR 162.060–40(b), 46 CFR 

164.009–9(a), 46 CFR 164.018–7(a), 46 CFR 

164.018–7(b)(2). 

End-for-Ending Launching 

Appliance Falls.

1. Removes requirement for ‘‘end-for-ending’’ for 

launching appliance falls, to align with SOLAS. 2. Revises interval for launching appliance falls replacement to 5 years.

46 CFR 109.301(j), 46 CFR 199.190(j) 

EPIRB .................................. Aligns Coast Guard acceptance of EPIRBs in 46 CFR 

with Federal Communications Commission (FCC) requirements in 47 CFR and standards established by 

the Space System for the Search of Vessels in Distress (COSPAS), Search and Rescue Satellite-Aided 

Tracking (SARSAT), and RTCM.

46 CFR 161.011–1, 46 CFR 161.011–5, 46 CFR 

161.011–10. 


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TABLE 1—SUMMARY OF CHANGES AND CFR SUBPARTS AND SECTIONS AFFECTED—Continued 

Equipment involved or 

type of change Changes Affected CFR subparts and sections 

Equipment Deletion .............. Deletes pilot hoist approval series, § 163.002 and associated references in various subchapters.46 CFR 32.90–1(h), 46 CFR 77.40–1(h), 46 CFR 

96.40–1(h), 46 CFR 108.719(h), 46 CFR subpart 

163.002, 46 CFR 195.40–1(h). 

Fire Protection and Other 

Conforming Amendments.

1. Corrects fire extinguisher ratings. 2. Clarifies fire extinguisher quantities. 3. Adds option to allow use of 

nationally recognized testing laboratory (NRTL) listed 

and labeled fire detection systems as excess equipment for MODUs. 4. Adds grandfathering provision 

for fire extinguishers for public nautical school ships 

and sailing school ships.

46 CFR 34.10–90(a)(3), 46 CFR 34.50–10(a), 46 CFR 

76.50–10(a), 46 CFR 95.50–10(a), 46 CFR 

105.14(a), 46 CFR 108.103, 46 CFR 108.489(a)(3), 

46 CFR 118.500(c), 46 CFR 167.45–40, 46 CFR 

167.45–65, 46 CFR 167.45–70, 46 CFR 167.45–71, 

46 CFR 167.45–75, 46 CFR 169.567(a), 46 CFR 

169.568. 

Foam Testing ....................... 1. Adds option for third-party testing for foam concentrates. 2. Aligns testing processes with requirements in SOLAS and Coast Guard Office of Design 

and Engineering Standards (CG–ENG) Policy Letter 

01–20, Third Party Foam Concentrate Analysis.

46 CFR 31.10–18(c), 46 CFR 107.235(b)(4). 

Hydrostatic Testing for Inert 

Gas Cylinders.

Revises hydrostatic testing requirements for inert gas 

bottles to every 12 years.

46 CFR 147.66(a), 46 CFR 147.66(c). 

MODU Lifesaving Appliance 

Release Mechanism.

1. Adds an option in 46 CFR subchapter I–A to allow 

lifeboats also serving as rescue boats to have lifeboat release mechanisms instead of rescue boat release mechanisms. 2. Aligns this regulation with a 

similar regulation in 46 CFR subchapter W.

46 CFR 108.570(c)(3). 

Nonmetallic Piping ............... Removes redundant fire testing requirements for nonmetallic piping in 46 CFR subchapter K.46 CFR 116.405(f). 

Pressure-Vacuum Relief 

Valves.

1. Revises requirements for approving pressure-vacuum relief valves. 2. Updates IBR edition.46 CFR 39.1005, 46 CFR 39.2011(b)(1), 46 CFR 

162.017–1, 46 CFR 162.017–2, 46 CFR 162.017– 

3(n), 46 CFR 162.017–3(r), 46 CFR 162.017–6. 

Resins for Lifeboats and 

Rescue Boats.

Removes approval series for fire-retardant resins and 

incorporates approval of these resins into approvals 

for lifeboats and rescue boats.

46 CFR 160.135–5(d), 46 CFR 160.135–7(b)(3)(iv)(A), 

46 CFR 160.156–5(d), 46 CFR 160.156– 

7(b)(3)(iv)(A), 46 CFR subpart 164.120. 

Self-Contained Breathing 

Apparatus.

Removes obsolete requirement for MSHA approval for 

SCBAs.

46 CFR 35.30–20(c)(1), 46 CFR 77.35–5(b), 46 CFR 

96.35–5(b), 46 CFR 108.497(a), 46 CFR 

132.365(b)(1), 46 CFR 167.45–60(a), 46 CFR 

169.717(a)(1). 

Stairwell Structural Fire Protection and Means of 

Egress.

Clarifies the stairwell structural fire protection and 

means of egress requirements for 46 CFR subchapter K vessels.

46 CFR 116.400(c). 

Winches and Davits ............. 1. Removes prescriptive design requirements for winch 

and davit safety devices under the LSA Code. 2. 

Aligns the safety device requirement with the LSA 

Code.

46 CFR 160.115–7(b)(6)(vi). 

CFR References and Changes to IBRs 

This final rule deletes references to 

outdated IBR material in regulation text, 

deletes corresponding IBR titles and 

information listed in centralized IBR 

section(s), corrects improper IBR cites in 

regulatory text, and corrects improper 

CFR references, as outlined in table 1. 

See table 4 for additional information. 

Editorial 

Editorial changes in this final rule 

clarify language, correct typographical 

errors, and delete repetitive language in 

various subchapters in titles 33 and 46 

of the CFR, as noted in table 1. 

Electronic Submissions 

Current regulations require 

manufacturers that produce marine 

safety equipment needing approval to 

mail their paper application and 

supporting documentation in triplicate. 

The requirement for submitting paper 

plans in triplicate allows the office 

reviewing the plans to mark the plans as 

‘‘approved’’ and return one copy to the 

submitter, retain one copy in the office’s 

files, and forward the third copy to the 

cognizant Officer in Charge, Marine 

Inspection (OCMI). However, in current 

practice, manufacturers submit their 

applications electronically via 

typeapproval@uscg.mil. When plans are 

submitted electronically, they can be 

stamped electronically and filed or 

distributed, as described above, without 

the need for printing or duplication. 

According to internal mail tracking data, 

in the last 5 years, 99.2 percent of all 

submissions related to applications for 

equipment approval were submitted 

electronically. 

This final rule modifies the 

submission requirements for equipment 

approval to codify the use of electronic 

submissions. The CFR sections listed in 

table 1 have been updated to include 

optional electronic submissions and 

remove requirements to submit multiple 

copies of plans or test reports. If a 

manufacturer desires a stamped hard 

copy of plans, the hard copy plans can 

be submitted in triplicate, or 

accompanied by electronic plans, so 

that the copies can be filed or 

distributed as described above. 

End-for-Ending Launching Appliance 

Falls 

Currently, 46 CFR 109.301(j) and 

199.190(j) require that falls for 

launching appliances be replaced when 

necessary due to deterioration or at least 

every 5 years, whichever is earlier. 

Additionally, the falls must be turned 

end-for-end not more than 30 months 

after installation (the phrase, ‘‘turned 

end-for-end’’ means rotating the wire 

ropes so the ropes wear evenly). These 

regulations allow an alternative to the 

end-for-ending requirements; however, 


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3U.S. Coast Guard, Marine Safety Manual 

Volume II: Materiel Inspection, ‘‘CH–2 to Marine 

Safety Manual Volume II, COMDTINST 

M16000.7B,’’ https://www.dco.uscg.mil/Portals/9/ 

DCO%20Documents/5p/CSNCOE/

USCG%20Marine%20Safety%20Manual

%20Volume%20II%20- 

%20Material%20Inspection.pdf, accessed January 

23, 2024. 

4Resolution MSC.308(88), ‘‘Amendments to the 

International Convention for the Safety of Life at 

Sea, 1974, as amended,’’ adopted December 3, 2010, 

https://wwwcdn.imo.org/localresources/en/

KnowledgeCentre/IndexofIMOResolutions/ 

MSCResolutions/MSC.308(88).pdf, accessed January 

23, 2024. 

5 Department of Transportation and U.S. Coast 

Guard, NVIC 7–80, ‘‘Use of Fire Detection Systems 

Which are Not Approved Under 46 CFR 161.002,’’ 

https://www.dco.uscg.mil/Portals/9/ 

DCODocuments/5p/5ps/NVIC/1980/n7-80.pdf, 

accessed January 23, 2024. 

6The 2016 final rule applied the grandfathering 

clause for vessels identified in 33 CFR 145.15 and 

149.410, and 46 CFR 25.30–80, 34.50–80, 76.50–80, 

95.50–80, 108.491(b), 132.250, and 193.50–90. 

7U.S. Coast Guard, CG–ENG Policy Letter 01–20 

Third Party Foam Concentrate Analysis, June 23, 

2020, https://www.dco.uscg.mil/Portals/9/ 

DCO%20Documents/5p/5ps/Design%20and%20

Engineering%20Standards/Life%20Saving%20

and%20Fire%20Safety/Docs/CG-ENG%20PL%

2001-20%20Foam%20Testing.pdf?ver=2020-07-09- 

142932-267, accessed January 23, 2024. 

in that case, the falls must be replaced 

at least every 4 years. This final rule 

removes the ‘‘end-for-ending’’ 

requirement for these launching 

appliance falls and requires falls to be 

replaced at least every 5 years to align 

with SOLAS Chapter III, which allows 

for a fall replacement interval of 5 years 

without end-for-ending. This final rule 

keeps the requirement to replace falls 

when they show signs of deterioration. 

It has been Coast Guard policy per 

Commandant Instruction (COMDTINST) 

M16000.7B, USCG Marine Safety 

Manual Vol. II B1 P.3.a(1)(c),3 that falls 

may be replaced in 5-year intervals if 

they are serviced in accordance with 

SOLAS Chapter III, Regulation 20.4. 

EPIRB 

Section 161.011–10 of title 46 of the 

CFR requires Coast Guard approval of 

EPIRBs. However, the FCC in its 

‘‘Maritime Communications’’ final rule 

(68 FR 46957, 46974, Aug. 7, 2003), 

changed the approval process for 

EPIRBs in 47 CFR 80.1061. This update, 

which is still in effect, requires FCC 

approval for EPIRBs, but requires the 

Coast Guard to accept EPIRBs compliant 

with COSPAS, SARSAT, and RTCM 

standards before the FCC begins its 

review. Currently, the Coast Guard 

issues a letter stating compliance with 

these standards and does not issue 

approvals for EPIRBs. This final rule 

removes the requirement for Coast 

Guard approval of EPIRBs and aligns the 

Coast Guard’s responsibility in 46 CFR 

161.011–10 with the process in 47 CFR 

80.1061. 

Deletion of References to Outdated 

Equipment 

This final rule deletes references to 

pilot hoists as approved equipment in 

46 CFR subpart 163.002 by removing 

this subpart from the CFR. In 2010, an 

International Maritime Organization 

(IMO) Resolution of the Maritime Safety 

Committee (MSC), Resolution 

MSC.308(88),4 banned the use of pilot 

hoists on SOLAS vessels and updated 

SOLAS Chapter V requirements 

accordingly. Further, pilots in the 

United States do not use pilot hoists to 

embark a vessel. There are currently no 

Coast Guard-approved pilot hoists, and 

there has not been a Coast Guardapproved pilot hoist since 2000. This 

final rule also removes references to 

pilot hoists in 46 CFR subchapters D, H, 

I, I–A, and U. 

Fire Protection and Other Conforming 

Amendments 

NVIC 7–80, Use of Fire Detection 

Systems Which are Not Approved Under 

46 CFR 161.002,5 allows the use of nonapproved fire detection systems as 

excess equipment on board vessels if the 

system is listed and labeled by a 

Nationally Recognized Testing 

Laboratory (NRTL). This final rule adds 

the allowance for a fire detection system 

listed and labeled by an NRTL to be 

used as excess equipment for 46 CFR 

subchapter I–A, aligned with the 

guidance set forth in NVIC 7–80. 

The 2016 final rule, ‘‘Harmonization 

of Standards for Fire Protection, 

Detection, and Extinguishing 

Equipment’’ (81 FR 48219, July 22, 

2016), updated the design and approval 

standards for fire extinguishing 

equipment by changing the portable fire 

extinguisher ratings system from a 

weight-based rating system to the 

Underwriters Laboratories, Inc. (UL) 

performance-based rating system. That 

2016 rule added a grandfathering clause 

to several sections in titles 33 and 46 of 

the CFR; 6 however, this clause was 

mistakenly left out for public nautical 

school ships and sailing school ships in 

46 CFR subchapter R. This final rule 

corrects the oversight. 

The previously mentioned 

‘‘Harmonization of Standards for Fire 

Protection, Detection, and Extinguishing 

Equipment’’ rule also updated the 

portable fire extinguisher ratings system 

throughout title 46 of the CFR. In 

implementing that complex rule, there 

were errors in extinguisher quantities 

and ratings in 46 CFR subchapters H, I, 

K, and R, as listed in table 1. This final 

rule corrects those errors. 

Foam Testing 

Tank vessels and MODUs fitted with 

deck foam systems are required by 46 

CFR 31.10–18(c) and 107.235(b)(4) to 

submit a representative sample of foam 

concentrate to the foam manufacturer to 

test foam gravity, pH, percentage of 

water dilution, and solid content. There 

are numerous laboratories other than 

those owned by foam manufacturers 

that can test firefighting foam 

concentrates. This final rule adds an 

option to allow third-party testing for 

firefighting foam concentrate. Allowing 

third parties that are accepted by the 

Coast Guard to test firefighting foam 

concentrates could be less burdensome 

to the vessel owners and operators and 

provide a level of safety similar to the 

current requirements that the 

manufacturer of the firefighting foam be 

the sole tester. Additionally, using a 

third party to test the properties of 

firefighting foam increases the number 

of companies available to test 

firefighting foam properties. This final 

rule also aligns with SOLAS 

requirements and codifies CG–ENG 

Policy Letter 01–20, Third Party Foam 

Concentrate Analysis.7

Hydrostatic Testing for Inert Gas 

Cylinders 

This final rule changes the interval for 

hydrostatic testing of all inert gas fire 

extinguishing system bottles in 46 CFR 

147.66 from at least once in every 5 or 

10 years (depending on bottle size) to 

once in every 12 years. This change 

aligns the hydrostatic testing intervals 

for inert gas fire extinguishing system 

bottles with the intervals for carbon 

dioxide and halocarbon fire 

extinguishing system bottles in 46 CFR 

147.65 and 147.67, respectively. The 

Coast Guard is not aware of any data or 

studies that demonstrate the need for a 

shorter hydrostatic testing interval for 

inert gas extinguishing system bottles 

compared to carbon dioxide or 

halocarbon extinguishing system 

bottles. Further, this change reduces 

servicing costs for vessel owners or 

operators without increasing risk. 

MODU Lifesaving Appliance Release 

Mechanism 

Per 46 CFR 108.570(c)(3), single fall 

lifeboats also serving as rescue boats on 

board MODUs are required to have an 

automatic release mechanism approved 


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8 IMO MSC/Circular 1006, ‘‘Guidelines on Fire 

Test Procedures for Acceptance of Fire-Retardant 

Materials for the Construction of Lifeboats’’ is 

available to view in the docket (USCG–2020–0519). 

under approval series 46 CFR subpart 

160.170 rather than a lifeboat release 

mechanism (non-automatic). This final 

rule adds an option in 46 CFR 

108.570(c)(3) to allow single fall 

lifeboats also serving as rescue boats on 

board MODUs to have lifeboat release 

mechanisms (non-automatic) or 

automatic release mechanisms. This 

allows owners and operators of MODUs 

the choice to select from a broader range 

of equipment options available to nonSOLAS lifeboat and rescue boatreleasing mechanisms. This change 

aligns this regulation with a similar 

regulation in 46 CFR 199.160(d)(2). 

There is no reason to treat lifeboats that 

also serve as rescue boats on offshore 

units differently than those units 

installed on board ships. 

Nonmetallic Piping 

Title 46 CFR 116.405(f) requires that 

nonmetallic (that is, plastic) piping in 

concealed spaces of small passenger 

vessels subject to 46 CFR subchapter K 

be tested under the ASTM E84 standard 

and meet required flame spread and 

smoke development ratings. However, 

plastic piping is already required to be 

approved by the Coast Guard under 46 

CFR subpart 164.141 to meet flame 

spread and smoke and toxicity 

requirements under the FTP code. 

Although the test apparatus and 

procedures differ, the same material 

properties are tested. Requiring two 

different testing standards is redundant 

and provides no additional benefits, 

adds confusion by preventing approved 

piping from being used, and increases 

the cost for pipe manufacturers and 

purchasers. Therefore, the Coast Guard 

is removing the requirement to test 

nonmetallic pipes under the ASTM E84 

standard and to clarify that, if 

nonmetallic piping is used in concealed 

spaces, it must be approved under 

approval series 46 CFR 164.141. 

Pressure-Vacuum Relief Valves 

Pressure-vacuum relief valves for tank 

vessels required in 46 CFR 32.20–5 and 

39.2011(b) must be Coast Guardapproved pursuant to 46 CFR subpart 

162.017. Currently, in 46 CFR subpart 

162.017, International Organization for 

Standardization (ISO) standard 15364 is 

incorporated by reference and is an 

alternative standard to the prescriptive 

requirements in 46 CFR subpart 162.017 

for approval of pressure-vacuum relief 

valves (see 46 CFR 162.107–3(r)). This 

final rule amends 46 CFR 39.2011(b) to 

allow ISO 15364 valves, or valves 

otherwise accepted by foreign-flag 

Administrations, as acceptable 

alternatives to the type-approval 

requirements of 46 CFR subpart 

162.017. This final rule aligns our 

regulations for pressure-vacuum relief 

valves with SOLAS requirements. This 

final rule also amends 46 CFR 162.017– 

3(g) to replace the words ‘‘overhauling 

and repairs’’ with ‘‘maintenance,’’ 46 

CFR 162.017–3(n) to correct an editorial 

error, and 46 CFR 162.017–6 to clarify 

the application process. 

Resins for Lifeboats and Rescue Boats 

Manufacturers of fiber-reinforced 

plastic survival craft and rescue boats 

who seek Coast Guard equipment 

approval are required to use resin 

accepted in 46 CFR subpart 164.120. 

This final rule revises the regulations for 

survival craft and rescue boats (46 CFR 

subparts 160.135 and 160.156) to 

incorporate by reference IMO MSC/ 

Circular 1006, ‘‘Guidelines on Fire Test 

Procedures for Acceptance of FireRetardant Materials for the Construction 

of Lifeboats,’’ 8 an international standard 

for fire retardant resins that is already 

incorporated by reference in 46 CFR 

subpart 164.120. This final rule deletes 

46 CFR subpart 164.120 and adds a 

review of fire-retardant resins in 46 CFR 

subparts 160.135 and 160.156. The 

Coast Guard will no longer maintain a 

list of accepted resins. Currently, there 

are 15 standards (4 ISO and 11 ASTM) 

incorporated by reference in 46 CFR 

subpart 164.120 that are out of date. 

There is no indication that using the 

standards for resins specified in the 

regulations, instead of other standards, 

is necessary for safely constructing 

fiberglass-reinforced plastic survival 

craft and rescue boats. 

Self-Contained Breathing Apparatus 

All vessels regulated in 46 CFR 

subchapters D, K, I, I–A, L, R, and U are 

required to carry an SCBA as a part of 

a firefighting or emergency outfit. 

Currently, the regulations require these 

SCBAs to hold an MSHA approval. 

However, MSHA has not approved this 

equipment since 1995, when the Public 

Health Service (PHS) published the 

‘‘Respiratory Protective Devices’’ final 

rule (60 FR 30336, June 8, 1995). This 

final rule deletes the obsolete 

requirement for SCBAs on inspected 

vessels to be approved by MSHA and 

aligns title 46 of the CFR with MSHA 

and PHS regulations. 

Stairwell Structural Fire Protection and 

Means of Egress 

The ‘‘Harmonization of Standards for 

Fire Protection, Detection, and 

Extinguishing Equipment’’ rule (81 FR 

48219), published on July 22, 2016, 

added an option for inspected domestic 

vessels to meet either the structural fire 

protection requirements of SOLAS 

Chapter II–2, or the structural protection 

requirements found in the subchapter 

under which the vessel is inspected. 

The 2016 rule was intended to allow 

any U.S.-flagged vessel to be built to the 

requirements in SOLAS Chapter II–2, 

even if it is not certificated to SOLAS, 

which allows greater flexibility in 

design. However, the Coast Guard 

believes the 2016 rule used ambiguous 

language regarding the means of egress 

requirements for 46 CFR subchapter K 

vessels that used the SOLAS Chapter II– 

2 option for structural fire protection. 

This final rule adds language to clarify 

the means of egress requirements if 

subchapter K vessels use the SOLAS 

Chapter II–2 structural fire protection 

requirements for a design basis. This 

final rule also harmonizes stairways and 

ladders that meet SOLAS’s structural 

and nonstructural fire protection 

requirements with U.S. design, 

structural, and nonstructural fire 

protection requirements. 

Winches and Davits 

This final rule removes prescriptive 

design requirements of safety devices 

for lifeboat, rescue boat, and liferaft 

winches, and aligns the safety device 

requirement with the LSA Code. 

Currently, 46 CFR 160.115–7(b)(6)(vi) 

requires that winches for survival craft 

or rescue boats have a limit switch on 

each davit arm to prevent damage to the 

launching equipment. However, 

requiring one limit switch for each davit 

arm is inconsistent with the IMO’s LSA 

Code, which requires a safety device to 

prevent overstressing the falls, but does 

not prescribe that the device must be a 

limit switch. The Coast Guard is 

removing this prescriptive design 

requirement and aligning the safety 

device requirement with the LSA Code. 

This final rule allows launching 

appliance manufacturers to use different 

technologies to achieve the safety 

performance criteria of the LSA Code. 


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VI. Incorporation by Reference 

Material for IBR appears in 46 CFR 

39.1005, 39.2011, 160.135–5, 160.135–7, 

160.156–5, 160.156–7, 160.171–3, 

160.171–17, 160.174–3, 160.174–17, 

162.017–1, and 162.017–3. The 

standards are summarized in section 

VII. L. Technical Standards, of this 

preamble. For information about how to 

view this material, see the ADDRESSES

section of this preamble. Copies of the 

material are reasonably available from 

the sources listed in §§ 39.1005, 

160.135–5, 160.156–5, 160.171–3, 

160.174–3, and 162.017–1. The 

following standards have already been 

approved for the locations where they 

appear in the amendatory text, and there 

will be no change to the incorporation 

by reference: SOLAS, Chapter II–2, 

National Fire Protection Association 

(NFPA) 2001, and the Fire Test 

Procedures (FTP) Code. 

VII. Regulatory Analyses 

We developed this final rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes or Executive 

orders. 

A. Regulatory Planning and Review 

Executive Orders 12866 (Regulatory 

Planning and Review), as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review), and 13563 

(Improving Regulation and Regulatory 

Review) direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

The Office of Management and Budget 

(OMB) has not designated this final rule 

a significant regulatory action under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094. 

This final rule will result in additional 

cost savings to industry with no 

reduction or change in safety benefits. 

Details on the estimated cost savings of 

this final rule can be found in the RA 

that follows. 

The Coast Guard received one public 

comment on the affected population in 

the RA for the proposed rule. The 

commenter stated that in the NPRM, the 

RA did not provide clarity on whether 

the population included floating OCS 

facilities. We excluded floating OCS 

facilities because the proposed change is 

not applicable to floating OCS facilities 

and we addressed the comment in the 

RA of this final rule by clarifying the 

population of vessels carrying lifeboats 

(see table 7). We discuss our response to 

this comment in section IV., Discussion 

of Comments, in the preamble of this 

final rule. We are incorporating the 

commenter’s suggestions into the RA for 

this final rule in the section discussing 

end-for-ending launching appliance 

falls (see table 7). 

TABLE 2—SUMMARY OF CHANGES TO THE RA FROM THE NPRM TO THE FINAL RULE

Description NPRM Final rule Reason for change Resulting change in RA 

Affected population of U.S.- 

flagged vessels.

The Coast Guard estimated 

that the proposed rule would 

affect 435 vessels carrying 

lifeboats. 

In the final rule, we revised this 

estimate to 442 vessels. 

Based on public comment, we 

revised this estimate using a 

new data pull. 

The increase in the affected 

population of vessels carrying lifeboats increases the 

cost savings. 

46 CFR 116.400(c) .................. The Coast Guard intended to 

clarify the stairwell structural 

fire protection and means of 

egress requirements for 46 

CFR subchapter K vessels. 

In the final rule, we revised the 

referenced citation to eliminate unnecessary case-bycase evaluations for certain 

vessels. 

Based on public comment, we 

determined the proposed 

text change unintentionally 

required case-by-case evaluation for certain vessels. 

No impact; clarification. 

The Coast Guard is revising the 

requirements in 33 CFR subchapter NN 

and 46 CFR subchapters A, D, F, H, I, 

I–A, K, L, N, Q, R, T, U, and W. These 

subchapters are associated with 

approving, carrying, and maintaining 

certain safety equipment required on 

board vessels, offshore units, deepwater 

ports, and recreational vessels. These 

revisions eliminate outdated 

requirements, update standards 

incorporated by reference, and reduce 

the frequency of inspection and testing 

requirements for foam fire extinguishing 

systems, inert gas cylinders, and lifeboat 

wire falls. Additionally, this final rule 

removes obsolete sections and aligns 

conflicting sections with codes 

associated with SOLAS. The quantified 

cost savings of this final rule is 

associated with three items: hydrostatic 

testing of inert gas bottles, testing 

firefighting foam concentrates for fixedfoam fire-extinguishing systems, and 

replacing the fall wire ropes associated 

with lifeboats. Table 3 provides a 

summary of the impacts of this final 

rule. 

TABLE 3—SUMMARY OF IMPACTS OF THE FINAL RULE

Category Summary 

Applicability .................. Update 33 CFR, chapter I, subchapter NN, and 46 CFR, chapter I, subchapters A, D, F, H, I, I–A, K, L, N, Q, R, T, U, 

and W. 

Affected Population ...... 588 U.S.-flagged vessels: 

• 132 carrying foam fire extinguishing systems, 

• 14 carrying inert gas bottles, and 

• 442 carrying lifeboats. 

Costs ............................ There will be no costs to industry or the Federal Government because this final rule reduces burden and generates 

cost savings. 

Benefits ........................ Provide flexibility by offering third-party testing options for certain safety equipment. 

Reduce confusion and administrative burdens by (1) removing obsolete regulations, IBRs, and outdated references; 

and (2) updating standards to align with SOLAS, related regulations, and current industry practice. 


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TABLE 3—SUMMARY OF IMPACTS OF THE FINAL RULE—Continued 

Category Summary 

Cost savings (7% discount rate)*.Cost savings to industry: 

10-year: $2,532,521. 

Annualized: $360,574. 

* Totals may not sum due to independent rounding. 

Regulatory Changes of the Final Rule by 

CFR Subparts and Sections 

Table 4 presents regulatory changes 

with an assessment of the economic 

impact of the changes to titles 33 and 46 

of the CFR. The table shows the category 

of each change, descriptions of the 

changes, affected CFR subparts and 

sections, and the economic impact (cost 

savings or no impact) from the changes. 

TABLE 4—REGULATORY CHANGES OF THE FINAL RULE BY CFR SUBPARTS AND SECTIONS

Equipment involved or 

type of change Changes Affected CFR subparts and sections Economic impact 

CFR References and 

Changes to IBRs.

1. Deletes references to outdated IBRs and 

corrects improper IBRs in regulation text. 

2. Corrects improper CFR references. 

46 CFR 115.810(b)(1), 46 CFR 118.500(d), 

46 CFR 160.171–3, 46 CFR 160.174–3, 

46 CFR 161.002–18(a)(3), 46 CFR 

161.002–19(a)(3), 46 CFR 161.002– 

19(b)(3), 46 CFR 162.017–0, 46 CFR 

164.106–3(a), 46 CFR 164.137–2(b)(2), 

46 CFR 164.137–3(a), 46 CFR 164.138– 

2(a), 46 CFR 164.138–2(b)(2), 46 CFR 

164.138–3(a), 46 CFR 164.139–2(a), 46 

CFR 164.139–2(b)(2), 46 CFR 164.139– 

3(a).

No impact; editorial. 

Editorial ............................. 1. Clarifies language. 2. Corrects typographical errors. 3. Deletes repetitive 

words and wording. 

33 CFR 149.410, 46 CFR 56.60–25(a)(4), 

46 CFR 108.495, 46 CFR subpart 

162.017, 46 CFR 181.500(b).

No impact; editorial. 

Electronic Submissions .... 1. Adds option to submit equipment approval materials electronically. 2. Removes requirement for multiple copies of 

submissions for equipment approval, if 

submitted electronically. 

46 CFR 2.75–10(b), 46 CFR 159.001–5, 46 

CFR 160.115–9(b), 46 CFR 160.115– 

13(g)(2), 46 CFR 160.132–9(b), 46 CFR 

160.132–13(g)(2), 46 CFR 160.133–9(b), 

46 CFR 160.133–13(g)(2), 46 CFR 

160.135–9(b), 46 CFR 160.135–13(g)(2), 

46 CFR 160.156–9(b), 46 CFR 160.156– 

13(g)(2), 46 CFR 160.170–9(b), 46 CFR 

160.170–13(g)(2), 46 CFR 161.002– 

18(a), 46 CFR 161.002–19(a)(2), 46 CFR 

161.012–5(a), 46 CFR 161.012–5(b)(2), 

46 CFR 161.013–11(c)(1), 46 CFR 

161.013–17, 46 CFR 162.050–15(a), 46 

CFR 162.060–40(b), 46 CFR 164.009– 

9(a), 46 CFR 164.018–7(a), 46 CFR 

164.018–7(b)(2).

No impact; aligns with current industry practice. Over the past 5 years, the Coast 

Guard has received 99.2 percent of the 

submissions electronically. So, this final 

rule codifies the use of electronic submission. 

End-for-Ending Launching 

Appliance Falls.

1. Removes requirement for ‘‘end-for-ending’’ for launching appliance falls, to align 

with SOLAS. 2. Revises interval for 

launching appliance falls replacement to 

5 years. 

46 CFR 109.301(j), 46 CFR 199.190(j) ....... Cost savings; reduces testing burdens by 

allowing owners and operators to replace 

the falls every 5 years without the endfor-ending requirement. 

EPIRB ............................... Aligns Coast Guard acceptance of EPIRBs 

in 46 CFR with Federal Communications 

Commission (FCC) requirements in 47 

CFR and standards established by the 

Space System for the Search of Vessels 

in Distress (COSPAS), Search and Rescue Satellite-Aided Tracking (SARSAT), 

and RTCM. 

46 CFR 161.011–1, 46 CFR 161.011–5, 46 

CFR 161.011–10.

No impact; aligns with, current industry 

practice. 

Equipment Deletion .......... Deletes pilot hoist approval series, 

§ 163.002, and associated references in 

various subchapters. 

46 CFR 32.90–1(h), 46 CFR 77.40–1(h), 46 

CFR 96.40–1(h), 46 CFR 108.719(h), 46 

CFR subpart 163.002, 46 CFR 195.40– 

1(h).

No impact; aligns with current industry practice. 

Fire Protection and Other 

Conforming Amendments.

1. Corrects fire extinguisher ratings. 2. 

Clarifies fire extinguisher quantities. 3. 

Adds option to allow use of nationally 

recognized testing laboratory (NRTL) listed and labeled fire detection systems as 

excess equipment for MODUs. 4. Adds 

grandfathering provision for fire extinguishers for public nautical school ships 

and sailing school ships. 

46 CFR 34.10–90(a)(3), 46 CFR 34.50– 

10(a), 46 CFR 76.50–10(a), 46 CFR 

95.50–10(a), 46 CFR 105.14(a), 46 CFR 

108.103, 46 CFR 108.489(a)(3), 46 CFR 

118.500(c), 46 CFR 167.45–40, 46 CFR 

167.45–65, 46 CFR 167.45–70, 46 CFR 

167.45–71, 46 CFR 167.45–75, 46 CFR 

169.567(a), 46 CFR 169.568.

No impact; editorial and aligns with current 

industry practice. 


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TABLE 4—REGULATORY CHANGES OF THE FINAL RULE BY CFR SUBPARTS AND SECTIONS—Continued 

Equipment involved or 

type of change Changes Affected CFR subparts and sections Economic impact 

Foam Testing ................... 1. Adds option for third-party testing for 

foam concentrates. 2. Aligns testing processes with requirements in SOLAS and 

Coast Guard Office of Design and Engineering Standards (CG–ENG) Policy Letter 01–20, Third Party Foam Concentrate 

Analysis. 

46 CFR 31.10–18(c), 46 CFR 107.235(b)(4) Cost savings; reduces testing burdens via 

the use of other test alternatives from the 

third party. 

Hydrostatic Testing for 

Inert Gas Cylinders.

Revises hydrostatic testing requirements for 

inert gas bottles to every 12 years. 

46 CFR 147.66(a), 46 CFR 147.66(c) ......... Cost savings; changes the interval for hydrostatic testing for all vessels with inert 

gas bottles for fire protection systems 

from at least once in every 5 years for 

large bottles and 10 years for small bottles to once in every 12 years for all bottle types. 

MODU Lifesaving Appliance Release Mechanism.1. Adds an option in 46 CFR subchapter I– 

A to allow lifeboats also serving as a rescue boat to have lifeboat release mechanisms instead of rescue boat release 

mechanisms. 2. Aligns this regulation 

with a similar regulation in 46 CFR subchapter W. 

46 CFR 108.570(c)(3) .................................. No impact; editorial and aligns with current 

industry practice. 

Nonmetallic Piping ............ Removes redundant fire testing requirements for nonmetallic piping in 46 CFR 

subchapter K. 

46 CFR 116.405(f) ....................................... No impact; editorial. 

Pressure-Vacuum Relief 

Valves.

1. Revises requirements for approving pressure-vacuum relief valves. 2. Updates 

IBR edition. 

46 CFR 39.1005, 46 CFR 39.2011(b)(1), 46 

CFR 162.017–1, 46 CFR 162.017–2, 46 

CFR 162.017–3(n), 46 CFR 162.017–3(r), 

46 CFR 162.017–6.

No impact; editorial and aligns with current 

industry practice. 

Resins for Lifeboats and 

Rescue Boats.

Removes approval series for fire-retardant 

resins and incorporates approval of these 

resins into approvals for lifeboats and 

rescue boats. 

46 CFR 160.135–5(d), 46 CFR 160.135– 

7(b)(3)(iv)(A), 46 CFR 160.156–5(d), 46 

CFR 160.156–7(b)(3)(iv)(A), 46 CFR subpart 164.120.

No impact; editorial. 

Self-Contained Breathing 

Apparatus.

Removes obsolete requirement for MSHA 

approval for SCBAs. 

46 CFR 35.30–20(c)(1), 46 CFR 77.35– 

5(b), 46 CFR 96.35–5(b), 46 CFR 

108.497(a), 46 CFR 132.365(b)(1), 46 

CFR 167.45–60(a), 46 CFR 

169.717(a)(1).

No impact; editorial. 

Stairwell Structural Fire 

Protection and Means of 

Egress.

Clarifies the stairwell structural fire protection and means of egress requirements 

for 46 CFR subchapter K vessels. 

46 CFR 116.400(c) ...................................... No impact; editorial. 

Winches and Davits ......... 1. Removes prescriptive design requirements for winch and davit safety devices 

under the LSA Code. 2. Aligns the safety 

device requirement with the LSA Code. 

46 CFR 160.115–7(b)(6)(vi) ......................... No impact; editorial. 

Affected Population 

For this final rule, we obtained the 

affected population of vessels and the 

items they carry primarily from our 

Marine Information for Safety and Law 

Enforcement (MISLE) database and from 

supplemental information provided to 

us by subject matter experts (SMEs) in 

CG–ENG. The affected population is the 

total number of U.S.-flagged vessels 

carrying foam fire-extinguishing 

systems, lifeboat wire falls, and inert gas 

bottles for extinguishing fires. Based on 

MISLE database information from 

October 2023, and as noted in table 3, 

the total number of affected vessels is 

588, made up of 132 vessels carrying 

foam fire-extinguishing systems, 14 

vessels carrying inert gas bottles, and 

442 vessels carrying lifeboats. Vessels 

can be carrying more than one type of 

equipment at a time, so there is some 

overlap in the number of vessels that, 

for example, carry a foam fireextinguishing system and also carry 

lifeboats. For the purposes of our cost 

analysis, however, we assume there is 

no overlap. 

Cost Analysis 

This final rule imposes no cost on 

industry because it eliminates outdated 

requirements and reduces inspection 

and testing requirements on certain 

safety equipment required on board 

vessels and offshore units or facilities. 

As a result, this final rule generates cost 

savings to the industry. The cost savings 

are associated with reducing the 

maintenance intervals for hydrostatic 

testing of inert gas bottles and lifeboat 

wire falls and expanding testing parties 

for fixed-foam fire-extinguishing 

systems. 

Regulatory Baseline 

To obtain the cost savings associated 

with this final rule, we first calculated 

the current costs to mariners for 

firefighting foam testing, hydrostatic 

testing of inert gas bottles, and lifeboat 

wire falls. Then, we compared the 

current and the final rule costs to obtain 

the cost savings. The baseline costs for 

these items are as follows: 

Foam Testing 

Owners and operators of vessels that 

carry foam fire-extinguishing systems 

are required in 46 CFR 31.10–18(c) and 

107.235(b)(4) to submit a representative 

sample of firefighting foam concentrate, 

if carried, to the manufacturer to test for 

specific properties such as gravity, pH, 

percentage of water dilution, and solid 

content. The testing is required before 

the inspection for certification and 

periodic inspection, which is twice in a 

5-year period. From information 

obtained in MISLE and discussions with 

SMEs, there are a total of 132 vessels 

carrying foam fire-extinguishing systems 

in our affected population, because each 

vessel carries 1 foam fire-extinguishing 

system on board. 

Based on information we obtained 

from a Coast Guard-approved thirdparty company that tests foam fireextinguishing systems, and from 

consultations with SMEs, the cost to 


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9An inert gas is a gas that has low chemical 

reactivity under certain conditions, which makes it 

suitable for firefighting purposes either alone or 

with other gases. Inert gases extinguish fires by 

displacing oxygen in the air. The field of chemistry 

generally recognizes that six (naturally occurring) 

gases make up the list of inert gases: helium, argon, 

neon, krypton, xenon, and radon. See https://

www.Britannica.com/science/noble-gas, accessed 

January 23, 2024. 

perform the test is about $150, which 

includes the cost for a vessel owner or 

operator to submit a foam sample to a 

manufacturer for testing. We estimate 

the total annual undiscounted cost for 

foam testing to be approximately $7,920. 

We calculate this by assuming that, in 

any given year, 40 percent (or 2 divided 

by 5 to represent the testing interval of 

2 tests every 5 years) of the 132 foam 

systems require testing. We then 

multiply the result (132 × 0.40) by the 

cost per test ($150). Table 5 presents the 

baseline total undiscounted cost for fire 

extinguishing foam testing. 

TABLE 5—BASELINE COST FOR FOAM TESTING

Period 

Foam testing 

population for 

each period 

Cost per test Total cost 

(A) (B) (C) = (A) × (B) 

1 ........................................................................................................................................... 132 × (0.40) $150 $7,920 

2 ........................................................................................................................................... 132 × (0.40) 150 7,920 

3 ........................................................................................................................................... 132 × (0.40) 150 7,920 

4 ........................................................................................................................................... 132 × (0.40) 150 7,920 

5 ........................................................................................................................................... 132 × (0.40) 150 7,920 

6 ........................................................................................................................................... 132 × (0.40) 150 7,920 

7 ........................................................................................................................................... 132 × (0.40) 150 7,920 

8 ........................................................................................................................................... 132 × (0.40) 150 7,920 

9 ........................................................................................................................................... 132 × (0.40) 150 7,920 

10 ......................................................................................................................................... 132 × (0.40) 150 7,920 

Total .............................................................................................................................. ............................ ........................ 79,200 

Note: Totals may not sum due to independent rounding. 

* This test occurs twice in a 5-year period. 

Hydrostatic Testing for Inert Gas 

Cylinders 

Under 46 CFR subpart 147.66, vessel 

owners or operators of vessels that carry 

inert gas fire extinguishing bottles must 

have the bottles hydrostatically tested at 

least once every 10 years for bottles with 

an equivalent water capacity of 125 

pounds or less or once every 5 years for 

larger bottles with an equivalent water 

capacity of greater than 125 pounds. 

The water capacity of a bottle is used to 

obtain the volumetric size of the bottle 

for testing purposes because testing 

cannot be performed when the bottle 

contains an inert gas. This testing is 

necessary to ensure the integrity of the 

bottles. The Coast Guard contacted a 

company that hydrostatically tests inert 

gas bottles to obtain the costs associated 

with testing and discharging these 

bottles, recharging the bottles with an 

inert gas, and delivering the bottles to a 

vessel when the testing is completed.9

The cost to discharge and test the 

bottle, rebuild the valve on the bottle, 

and recharge the bottle with an inert gas 

is about $1,220—a lump-sum amount 

provided to us by the testing company. 

The pickup and delivery costs are about 

$600. The company we contacted for 

this cost estimate provided a lump-sum 

figure, which includes the time it takes 

to drive to a vessel, disconnect the 

bottles, load the bottles onto the 

delivery vehicle, and transport the 

bottles to the testing facility and back to 

the vessel. 

Therefore, the total cost a testing 

company charges a vessel owner or 

operator is about $1,820 ($1,220 + $600) 

to hydrostatically test inert gas bottles. 

Based on MISLE data and discussions 

with SMEs, the total number of inert gas 

bottles for the 14 vessels that have inert 

gas bottles on board is approximately 

169, or approximately 12 bottles per 

vessel. We found no bottles that had a 

capacity of more than 125 pounds of 

equivalent water capacity in our 

population. 

As a result, the testing cost once in a 

10-year period is about $307,580 (169 

bottles × $1,820). We estimate the total 

annual undiscounted cost for inert gas 

testing to be approximately $30,758. We 

calculate this by assuming that 10 

percent (or 1 divided by 10 to represent 

the testing interval of 1 test every 10 

years) of the 169 inert gas cylinders 

require testing over a 10-year period. We 

then multiply the result (169 × 0.10) by 

the cost per test ($1,820). Table 6 

presents the baseline total undiscounted 

cost for inert gas cylinders. 

TABLE 6—BASELINE COST FOR INERT GAS CYLINDERS

Period 

Inert gas 

population for 

each period 

Cost per test Total cost 

(A) (B) (C) = (A) × (B) 

1 ........................................................................................................................................... 169 × (0.10) $1,820 $30,758 

2 ........................................................................................................................................... 169 × (0.10) 1,820 30,758 

3 ........................................................................................................................................... 169 × (0.10) 1,820 30,758 

4 ........................................................................................................................................... 169 × (0.10) 1,820 30,758 

5 ........................................................................................................................................... 169 × (0.10) 1,820 30,758 

6 ........................................................................................................................................... 169 × (0.10) 1,820 30,758 

7 ........................................................................................................................................... 169 × (0.10) 1,820 30,758 


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TABLE 6—BASELINE COST FOR INERT GAS CYLINDERS—Continued 

Period 

Inert gas 

population for 

each period 

Cost per test Total cost 

(A) (B) (C) = (A) × (B) 

8 ........................................................................................................................................... 169 × (0.10) 1,820 30,758 

9 ........................................................................................................................................... 169 × (0.10) 1,820 30,758 

10 ......................................................................................................................................... 169 × (0.10) 1,820 30,758 

Total .............................................................................................................................. ............................ ........................ 307,580 

Note: Totals may not sum due to independent rounding. 

* This test occurs once every 10 years. 

End-for-Ending Launching Appliance 

Falls 

U.S.-flagged vessel owners and 

operators are required to replace lifeboat 

launching appliance falls (wire ropes) 

every 5 years, according to 46 CFR 

109.301 and 199.190. According to 

current regulations, these falls must be 

turned end-for-end not more than 30 

months, or 2.5 years, after installation 

during a 5-year period (the phrase 

‘‘turned end-for-end’’ means rotating the 

wire ropes so the ropes wear evenly). 

There are two falls for each lifeboat, and 

there are two lifeboats per vessel. Using 

the MISLE database, we identified 442 

U.S.-flagged vessels that carry lifeboats. 

TABLE 7—U.S.-FLAGGED VESSEL POPULATION BY INSPECTION SUBCHAPTER FOR LIFEBOATS

Subchapter Description Population 

D ................................................................................ Tank Vessels ............................................................................................... 20 

H ................................................................................ Passenger Vessels (≥100 gross tons) ......................................................... 3 

I ................................................................................. Cargo and Miscellaneous Vessels .............................................................. 311 

I–A ............................................................................. Mobile Offshore Drilling Units (MODUs) ...................................................... 1 

K ................................................................................ Small Passenger Vessels Carrying More Than 49 Passengers ................. 5 

M ............................................................................... Towing Vessels ............................................................................................ 45 

O & D Combination (tank barge or freight barge) .... Combination Bulk Cargo-including chemicals ............................................. 19 

R ................................................................................ Nautical Schools .......................................................................................... 8 

U ................................................................................ Oceanographic Research Vessels .............................................................. 17 

T ................................................................................ Small Passenger Vessels (under 100 gross tons) ...................................... 13 

Total ................................................................... ...................................................................................................................... 442 

Each affected vessel has 2 lifeboats on 

board; therefore, we estimate there are 

884 lifeboats that have fall wire ropes. 

For cost savings purposes, we assume 

that each lifeboat has two fall wire 

ropes. The cost to turn two falls end-forend on each launching appliance is 

about $2,000, based on information 

provided to us from a company that 

performs this function. Because there 

are 2 lifeboats per vessel, the population 

of lifeboat wire rope falls is 884. The 

total annual cost to turn falls end-forend 2.5 years after installation for 884 

lifeboat wire falls is about $353,600. We 

calculate this by assuming that in any 

given year, 20 percent (or 2 divided by 

10 to represent the turning interval of 1 

turn every 5 years) of the 884 lifeboat 

wire falls require turning. We then 

multiply the result (884 × 0.20) by the 

cost per turning ($2,000). Table 8 

presents the baseline total undiscounted 

cost for lifeboat wire falls. 

TABLE 8—BASELINE COST FOR LIFEBOAT WIRE FALLS

Period 

Lifeboat wire falls 

population for 

each period 

Cost per turning Total cost 

(A) (B) (C) = (A) × (B) 

1 ......................................................................................................................... 884 × (0.20) $2,000 $353,600 

2 ......................................................................................................................... 884 × (0.20) 2,000 353,600 

3 ......................................................................................................................... 884 × (0.20) 2,000 353,600 

4 ......................................................................................................................... 884 × (0.20) 2,000 353,600 

5 ......................................................................................................................... 884 × (0.20) 2,000 353,600 

6 ......................................................................................................................... 884 × (0.20) 2,000 353,600 

7 ......................................................................................................................... 884 × (0.20) 2,000 353,600 

8 ......................................................................................................................... 884 × (0.20) 2,000 353,600 

9 ......................................................................................................................... 884 × (0.20) 2,000 353,600 

10 ....................................................................................................................... 884 × (0.20) 2,000 353,600 

Total ............................................................................................................ ...................................... ................................ 3,536,000 

Note: Totals may not sum due to independent rounding. 

* This test occurs twice in a 5-year period. 


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10This price was obtained from the industry. 

We estimate the baseline total 

undiscounted cost to owners and 

operators of U.S.-flagged vessels for all 

three items to be about $3,922,780 

($79,200 + $3,536,000 + $307,580) (see 

table 9). 

TABLE 9—SUMMARY OF BASELINE COSTS ASSOCIATED WITH EACH ITEM

Period Foam 

testing 

Lifeboat 

wire falls 

Inert gas 

testing 

Undiscounted 

cost 

1 ................................................................................................................... $7,920 $353,600 $30,758 $392,278 

2 ................................................................................................................... 7,920 353,600 30,758 392,278 

3 ................................................................................................................... 7,920 353,600 30,758 392,278 

4 ................................................................................................................... 7,920 353,600 30,758 392,278 

5 ................................................................................................................... 7,920 353,600 30,758 392,278 

6 ................................................................................................................... 7,920 353,600 30,758 392,278 

7 ................................................................................................................... 7,920 353,600 30,758 392,278 

8 ................................................................................................................... 7,920 353,600 30,758 392,278 

9 ................................................................................................................... 7,920 353,600 30,758 392,278 

10 ................................................................................................................. 7,920 353,600 30,758 392,278 

Total ...................................................................................................... 79,200 3,5360,000 307,580 3,922,780 

Note: Totals may not sum due to independent rounding. 

This final rule generates cost savings 

as follows: 

Cost Savings 

The cost savings originate from 

eliminating outdated requirements, 

reducing inspection, and testing 

requirements, and updating standards. 

The cost savings of this final rule are 

associated with three items: testing 

concentrates for fixed-foam fireextinguishing systems, hydrostatic 

testing for inert gas bottles, and 

eliminating the end-for-ending 

requirement for launching appliance 

falls (wire ropes) when replaced at an 

interval of 5 years. 

Foam Testing 

There are numerous laboratories, 

other than those owned by foam 

manufacturers, that can test foam 

concentrates used for firefighting. 

Allowing a Coast Guard-accepted 

independent laboratory to test foam 

concentrates provides a similar level of 

safety to the current requirements and 

may be less burdensome to the vessel 

owners or operators. Additionally, the 

use of a third party to test the properties 

of the firefighting foam allows for 

increased availability in the number of 

companies able to test firefighting foam 

systems. 

In this final rule, a Coast Guardaccepted independent laboratory, in 

place of a manufacturer, is permitted to 

perform the foam fire-extinguishing 

concentrates test. The charge for this 

service will be about $115 per system.10

This results in a total annual cost of 

$6,072. We calculate this by assuming 

that, in any given year, 40 percent (or 

2 divided by 5 to represent the testing 

interval of 2 tests every 5 years) of the 

132 foam systems require testing. We 

then multiply the result (132 × 0.40) by 

the projected cost per test ($115) (see 

table 10). 

TABLE 10—COST CHANGE FOR FOAM TESTING

Period 

Foam testing 

population for 

each period 

Cost per test Total cost 

(A) (B) (C) = (A) × (B) 

1 ......................................................................................................................... 132 × (0.40) $115 $6,072 

2 ......................................................................................................................... 132 × (0.40) 115 6,072 

3 ......................................................................................................................... 132 × (0.40) 115 6,072 

4 ......................................................................................................................... 132 × (0.40) 115 6,072 

5 ......................................................................................................................... 132 × (0.40) 115 6,072 

6 ......................................................................................................................... 132 × (0.40) 115 6,072 

7 ......................................................................................................................... 132 × (0.40) 115 6,072 

8 ......................................................................................................................... 132 × (0.40) 115 6,072 

9 ......................................................................................................................... 132 × (0.40) 115 6,072 

10 ....................................................................................................................... 132 × (0.40) 115 6,072 

Total ............................................................................................................ ...................................... ................................ 60,720 

Note: Totals may not sum due to independent rounding. 

* This test occurs twice in a 5-year period. 

We compared the current per-unit 

cost for firefighting foam testing of $150 

when performed by a manufacturer with 

the projected per-unit cost of $115 when 

performed by a third party. We estimate 

the per-unit cost savings to be $35 

($150¥$115). As we presented earlier 

in this analysis, the baseline and the 

projected costs for firefighting foam 

testing are $7,920 and $6,072, 

respectively (see tables 5 and 9). 

Therefore, the cost savings per year are 

about $1,848 ($7,920¥$6,072), and the 

total cost savings for the firefighting 

foam testing part of this final rule are 


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about $18,480 ($79,200¥$60,720), 

undiscounted (see table 11). 

TABLE 11—NET COST SAVINGS FOR FOAM TESTING

Period Baseline cost * Cost ** Total cost savings 

(A) (B) (C) = (A)¥(B) 

1 ....................................................................................................................................... $7,920 $6,072 $1,848 

2 ....................................................................................................................................... 7,920 6,072 1,848 

3 ....................................................................................................................................... 7,920 6,072 1,848 

4 ....................................................................................................................................... 7,920 6,072 1,848 

5 ....................................................................................................................................... 7,920 6,072 1,848 

6 ....................................................................................................................................... 7,920 6,072 1,848 

7 ....................................................................................................................................... 7,920 6,072 1,848 

8 ....................................................................................................................................... 7,920 6,072 1,848 

9 ....................................................................................................................................... 7,920 6,072 1,848 

10 ..................................................................................................................................... 7,920 6,072 1,848 

Total .......................................................................................................................... 79,200 60,720 18,480 

Note: Totals may not sum due to independent rounding. 

* Table 5. 

** Table 10. 

Hydrostatic Testing for Inert Gas 

Cylinders 

We are changing the hydrostatic 

testing interval of all inert gas 

firefighting extinguishing system bottles 

from the current requirement of once 

every 10 years or once every 5 years, 

depending on size, to at least once every 

12 years, which aligns with the 

hydrostatic testing intervals for carbon 

dioxide and halon firefighting 

extinguishing system bottles in 46 CFR 

147.65. 

The cost savings are from less 

frequent testing of inert gas bottles. For 

vessels with inert gas bottles less than 

125 pounds, the test interval will 

change from at least once in every 10 

years to at least once in every 12 years. 

For large bottles with inert gas bottles 

equal or greater than 125 pounds, the 

test interval will change from once in 

every 5 years to once in every 12 years. 

We found no bottles that had a capacity 

of more than 125 pounds of equivalent 

water capacity in our population. 

Therefore, for the purpose of this 

analysis, the relevant change in testing 

interval is from once every 10 years to 

once every 12 years. The total annual 

cost of hydrostatic testing for inert gas 

cylinders are approximately $25,632. 

We calculate this by assuming that, in 

any given year, 8.3 percent (or 1 divided 

by 12 to represent the testing interval of 

1 test every 12 years) of the 169 inert gas 

cylinders require testing. We then 

multiply the result (169 × 0.083) by the 

cost per test ($1,820) (see table 12). As 

a result, vessel owners and operators 

will save $51,260 ($307,580—$256,320) 

in testing costs over a 10-year period 

(see table 13). 

TABLE 12—COST CHANGE FOR INERT GAS CYLINDERS

Period 

Inert gas 

population for 

each period 

Cost per test Total cost 

(A) (B) (C) = (A) × (B) 

1 ....................................................................................................................................... 169 × (0.083) $1,820 $25,632 

2 ....................................................................................................................................... 169 × (0.083) 1,820 25,632 

3 ....................................................................................................................................... 169 × (0.083) 1,820 25,632 

4 ....................................................................................................................................... 169 × (0.083) 1,820 25,632 

5 ....................................................................................................................................... 169 × (0.083) 1,820 25,632 

6 ....................................................................................................................................... 169 × (0.083) 1,820 25,632 

7 ....................................................................................................................................... 169 × (0.083) 1,820 25,632 

8 ....................................................................................................................................... 169 × (0.083) 1,820 25,632 

9 ....................................................................................................................................... 169 × (0.083) 1,820 25,632 

10 ..................................................................................................................................... 169 × (0.083) 1,820 25,632 

Total .......................................................................................................................... ........................ ........................ 256,320 

Note: Totals may not sum due to independent rounding. 

TABLE 13—NET COST SAVINGS FOR INERT GAS CYLINDERS

Period Baseline cost * Cost ** Total cost saving 

(A) (B) (C) = (A)¥(B) 

1 ....................................................................................................................................... $30,758 $25,632 $5,126 

2 ....................................................................................................................................... 30,758 25,632 5,126 

3 ....................................................................................................................................... 30,758 25,632 5,126 

4 ....................................................................................................................................... 30,758 25,632 5,126 


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TABLE 13—NET COST SAVINGS FOR INERT GAS CYLINDERS—Continued 

Period Baseline cost * Cost ** Total cost saving 

(A) (B) (C) = (A)¥(B) 

5 ....................................................................................................................................... 30,758 25,632 5,126 

6 ....................................................................................................................................... 30,758 25,632 5,126 

7 ....................................................................................................................................... 30,758 25,632 5,126 

8 ....................................................................................................................................... 30,758 25,632 5,126 

9 ....................................................................................................................................... 30,758 25,632 5,126 

10 ..................................................................................................................................... 30,758 25,632 5,126 

Total .......................................................................................................................... 307,580 256,320 51,260 

Note: Totals may not sum due to independent rounding. 

* Table 6. 

** Table 12. 

End-for-Ending Launching Appliance 

Falls 

The Coast Guard is revising the ‘‘endfor-ending’’ requirement for lifeboat 

launching appliance falls to align with 

SOLAS, which allows for a fall 

replacement interval of 5 years without 

turning the wires end-for-end. Current 

regulations require that falls must be 

replaced in 5-year intervals if they are 

serviced in accordance with IMO 

Circular MSC.1/Circ.1206 (Rev.1) and 

MSC.402(96). 

The cost savings are from eliminating 

the requirement to turn the ropes endfor-end every 2.5 years over a 10-year 

period of analysis. As shown in table 8, 

the annual cost to turn falls end-for-end 

2.5 years after installation for 884 

lifeboat wire falls is about $353,600 (884 

× 0.20 × $2,000). This results in cost 

savings for vessel owners and operators 

of about $3,536,000 ($353,600 × 10-year 

period) for the 442 U.S.-flagged vessels 

that have lifeboats on board. See table 

14. 

TABLE 14—NET COST SAVINGS FOR LIFEBOAT WIRE FALLS

Period Baseline cost * Cost Total cost saving 

(A) (B) (C) = (A)¥(B) 

1 ....................................................................................................................................... $353,600 $0 $353,600 

2 ....................................................................................................................................... 353,600 0 353,600 

3 ....................................................................................................................................... 353,600 0 353,600 

4 ....................................................................................................................................... 353,600 0 353,600 

5 ....................................................................................................................................... 353,600 0 353,600 

6 ....................................................................................................................................... 353,600 0 353,600 

7 ....................................................................................................................................... 353,600 0 353,600 

8 ....................................................................................................................................... 353,600 0 353,600 

9 ....................................................................................................................................... 353,600 0 353,600 

10 ..................................................................................................................................... 353,600 0 353,600 

Total .......................................................................................................................... 3,536,000 0 3,536,000 

Note: Totals may not sum due to independent rounding. 

* Table 8. 

Table 15 shows the total cost savings 

for owners and operators of U.S.-flagged 

vessels to be about $3.6 million, 

undiscounted, over a 10-year period of 

analysis. We estimate the total present 

value or discounted cost savings of this 

final rule over a 10-year period of 

analysis to be between $2.5 and $3 

million, at 7- and 3-percent discount 

rates, respectively. We estimate the 

annualized cost savings to be about 

$360,574 at each discount rate. 

TABLE 15—SUMMARY OF COST SAVINGS OF THE FINAL RULE

[10-Year period of analysis, 7- and 3-percent discount rates] 

Period Foam testing * Inert gas 

testing ** 

Lifeboat 

wire falls *** 

Undiscounted 

cost savings 7% Discount 3% Discount 

1 ............................................................... $1,848 $5,126 $353,600 $360,574 $336,985 $350,072 

2 ............................................................... 1,848 5,126 353,600 360,574 314,939 339,876 

3 ............................................................... 1,848 5,126 353,600 360,574 294,336 329,976 

4 ............................................................... 1,848 5,126 353,600 360,574 275,080 320,365 

5 ............................................................... 1,848 5,126 353,600 360,574 257,084 311,034 

6 ............................................................... 1,848 5,126 353,600 360,574 240,266 301,975 

7 ............................................................... 1,848 5,126 353,600 360,574 224,547 293,180 

8 ............................................................... 1,848 5,126 353,600 360,574 209,857 284,640 

9 ............................................................... 1,848 5,126 353,600 360,574 196,128 276,350 

10 ............................................................. 1,848 5,126 353,600 360,574 183,298 268,301 


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11 In addition to individual online searches of 

companies, the Coast Guard reviewed https:// 

TABLE 15—SUMMARY OF COST SAVINGS OF THE FINAL RULE—Continued 

[10-Year period of analysis, 7- and 3-percent discount rates] 

Period Foam testing * Inert gas 

testing ** 

Lifeboat 

wire falls *** 

Undiscounted 

cost savings 7% Discount 3% Discount 

Total .................................................. 18,480 51,260 3,536,000 3,605,740 2,532,521 3,075,769 

Annualized ........................................ ........................ ........................ ........................ ........................ 360,574 360,574 

Note: Totals may not sum due to independent rounding. 

* Table 11. 

** Table 13. 

*** Table 14. 

Electronic Submission 

Current regulations require 

manufacturers that produce marine 

safety equipment needing approval to 

mail their paper application and 

supporting documentation in triplicate. 

The requirement for submitting paper 

plans in triplicate allows the office 

reviewing them to mark the approved 

plans and return one copy to the 

submitter, retain one copy in their files, 

and to forward the third copy to the 

cognizant OCMI. However, current 

industry practice is for manufacturers to 

submit their applications electronically, 

get them stamped electronically, and 

then distributed as described above. 

With this final rule, the Coast Guard is 

providing, in regulations, an option for 

submitting plans electronically. There 

are several sections in the CFR where 

we are removing the ‘‘in triplicate’’ 

requirement for submissions for 

equipment approval if the manufacturer 

wishes to submit plans electronically 

(see the table 3 for the affected CFR 

sections). According to data from the 

Coast Guard’s Work Management 

System, 99.2 percent of all submissions 

related to applications for equipment 

approval were submitted electronically 

over the last 5 years. Consequently, this 

final rule adds an option for 

manufacturers to submit their 

applications and type approval 

materials electronically, to codify the 

current industry practice. There is no 

change in the hourly burden estimate 

and no impact to the information 

collection request. 

Benefits 

This final rule generates qualitative 

benefits. It reduces confusion and 

provides flexibility to industry by 

allowing third-party testing for certain 

safety equipment required on board 

vessels and offshore units or facilities. It 

also provides regulatory clarity by 

removing obsolete regulations, such as 

the MSHA approval for SCBAs for 

firefighters, and through updating 

standards to align with SOLAS. 

Alternatives 

The Coast Guard considered three 

alternatives to the final rule, as follows. 

Alternative 1: No-Action Alternative 

Under this alternative, the Coast 

Guard would have retained the status 

quo and not incorporate by reference 

industry standards into the CFR. This 

alternative would not have aligned 

conflicting sections of the CFR with 

SOLAS and related regulations. 

Furthermore, it would not have reduced 

the burden to industry, and would not 

have allowed the Coast Guard to 

perform retrospective review and 

updates to the regulations. We rejected 

this alternative because it would not 

generate cost savings for the marine 

industry, nor update standards in 33 

CFR chapter I or 46 CFR chapter I. 

Alternative 2: Policy Over Regulation 

Under this alternative, the Coast 

Guard would have issued a NVIC or 

policy letter instead of proposing 

changes through an NPRM. As 

voluntary documents, neither NVICs nor 

policy letters are legally enforceable by 

the agency. A NVIC or a policy letter 

would not have updated the CFR, and 

the process of obtaining an equivalency 

test would still be needed. The Coast 

Guard rejected this alternative because 

industry would not benefit from current 

standards, and the public would not be 

given the opportunity to comment on 

current industry practice and standards. 

Alternative 3: Preferred Alternative 

With this alternative, the Coast Guard 

revises the regulations in 33 CFR 

chapter I and 46 CFR chapter I. This is 

the preferred alternative because it 

updates current standards and aligns 

conflicting sections of the CFR with 

SOLAS and related regulations, 

eliminates outdated standards, and 

reduces inspection and testing 

requirements. This alternative also 

allows the Coast Guard to perform 

retrospective reviews and updates to the 

regulations. 

This alternative also reduces the 

workload for vessel owners and 

operators by extending testing or 

maintenance intervals and expanding 

the range of allowable testers for three 

items: inert gas bottles, foam fireextinguishing systems, and lifeboat 

launching appliances falls (wire ropes). 

In turn, this alternative generates cost 

savings for vessel owners and operators 

and manufacturers of marine 

equipment. We presented the cost 

saving impacts of this alternative earlier 

in this analysis. 

B. Small Entities 

Under the Regulatory Flexibility Act, 

5 U.S.C. 601–612, we have considered 

whether this rule will have a significant 

economic impact on a substantial 

number of small entities. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

We expect this final rule to generate 

cost savings for vessel owners and 

operators who own vessels that carry 

lifeboats, bottles of inert gas, and foam 

fire-extinguishing systems. The cost 

savings are the result of reducing the 

maintenance intervals for hydrostatic 

testing for inert gas bottles and testing 

and maintaining lifeboat falls (wire 

ropes). The cost savings for vessel 

owners and operators who own vessels 

that carry foam fire-extinguishing 

systems are from allowing a third party 

to test the firefighting foam 

concentrates. 

Using the Coast Guard’s MISLE 

database, we found this final rule affects 

390 companies that own 531 distinct 

vessels. Of the 390 companies, 235 

companies did not have company 

names in our MISLE database; therefore, 

we assumed these 235 companies to be 

small entities. We found that the 

remaining 155 companies own 296 

vessels. Based on publicly available 

information from the online database 

‘‘ReferenceUSAgov’’ and other online 

searches of companies,11 we found 


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www.manta.com/mb to find revenue or employee 

information for the 74 companies; accessed January 

29, 2024. 

12https://www.sba.gov/document/support--tablesize-standards; effective December 19, 2022, 

accessed January 29, 2024. 

13Please note that the number of inert gas bottles 

carried on board vessels varies from one vessel to 

another depending on the size of the space 

protected by the fire suppression system. 

revenue or employee information on 74 

of the 155 companies. Using the Small 

Business Administration’s ‘‘Table of 

Size Standards’’ and the North 

American Industry Classification 

System codes listed in the table, we 

identified 51 of the 74 companies to be 

small entities. We determined the other 

23 companies were not small entities.12

We did not find information on the 

remaining 81 companies; therefore, we 

assumed these companies were small 

entities. 

Overall, we assume there are a total of 

132 small entities (51 + 81) out of 155 

companies that were named in the 

MISLE database, or approximately 85 

percent. If we add the number of small 

entities that we could confirm are small 

entities based on revenue or employee 

information (51) to the number of 

companies without company 

information (235 + 81), we assume the 

total number of small entities to be 367 

out of the 390 companies affected by 

this final rule. 

For cost savings purposes, we 

differentiated the vessels that have 

different combinations of the equipment 

on board. MISLE’s database offers data 

on company names, vessels, and 

equipment types. From MISLE’s data 

and our small entity analysis, we found 

that there are six different combinations 

of equipment that affect the savings for 

each vessel (see table 16). As a result, 

the affected small entities overlap and 

are not exclusive throughout this 

analysis. 

Based on MISLE’s data and our small 

entity analysis discussed earlier, we 

determined that there are 367 small 

entities. Out of the 367 small entities, 

we found that 68 small entities own 

vessels that carry only foam fireextinguishing systems. As described in 

the RA earlier, the cost savings for foam 

fire-extinguishing systems is about $35 

for each vessel, and the foam fireextinguishing systems will be tested 4 

times during the analysis period. These 

small entities will save about $952 

annually per vessel (68 small entities × 

$35 savings per vessel × 0.4 systems 

tested per year), or about $14 per entity 

($952 ÷ 68 small entities). 

Using MISLE’s data and the small 

entity analysis, we identified 251 small 

entities that own vessels carrying 

lifeboats that have fall wire ropes. Each 

of these small entities will save about 

$800 annually per vessel it owns (0.2 

turns per year × $2,000 cost per turn × 

2 lifeboats per vessel). 

Based on MISLE’s database, we found 

that only 8 small entities own vessels 

carrying only inert gas bottles; there are 

58 inert gas bottles on these vessels.13

As presented in the RA earlier, the 

annual cost savings on inert gas tests is 

$30 [($1,820 (cost savings per inert gas 

test) ÷ 10 years—$1,820 (cost savings 

per inert gas test) ÷ 12 years) = $30], and 

the cost savings for the 8 entities is 

$1,740 [58 (number of inert gas bottles) 

× $30 (annual cost savings per inert gas 

bottle)]. These 8 small entities will save, 

on average, about $218 ($1,740 ÷ 8) 

annually per entity per vessel. 

Using MISLE’s data and the small 

entity analysis, we identified 36 small 

entities that own vessels carrying foam 

fire-extinguishing systems and lifeboats. 

As presented in the previous 

paragraphs, the annual cost savings per 

entity for the foam fire-extinguishing 

systems is $14, and the annual cost 

saving per entity for fall wire ropes is 

$800. Therefore, these 36 small entities 

will save about $814 ($14 + $800) 

annually per entity per vessel. 

Using MISLE’s data and the small 

entity analysis described earlier, we 

identified two small entities that own 

vessels carrying inert gas bottles and 

lifeboats that have fall wire ropes that 

need to be turned periodically. As 

presented in the previous paragraphs, 

the annual cost savings for these 2 

entities that own vessels carrying inert 

gas bottles is $180 [6 (number of inert 

gas bottles carried on board vessels for 

both entities) × $30 (annual cost savings 

per inert gas bottle) = $180] and the 

annual cost savings for these 2 entities 

on fall wire ropes is $1,600 [2 (number 

of entities) × $800 (cost saving per entity 

for fall wire ropes) = $1,600]. Therefore, 

the annual cost savings for these 2 

entities is $1,780 ($180 + $1,600) and 

these 2 small entities will each save, on 

average, about $890 ($1,780 ÷ 2). 

Lastly, based on MISLE’s data and the 

small entity analysis we presented 

previously in the NPRM, we identified 

two small entities that carry all three 

items. The annual cost savings for these 

2 entities that own vessels carrying inert 

gas bottles is $3,000 [100 (number of 

inert gas bottles carried on board vessels 

for both entities) × $30 (annual cost 

savings per inert gas bottle) = $3,000]; 

the annual cost savings for these 2 

entities for fall wire ropes is $1,600 [2 

(number of entities) × $800 (cost saving 

per fall wire ropes) = $1,600]; and the 

annual cost savings for these 2 entities 

for foam fire-extinguishing systems is 

$28 [2 (number of entities) × $14 (cost 

savings per foam fire-extinguishing 

systems) = $28]. Therefore, the annual 

cost savings for these 2 entities is $4,628 

($3,000 + $1,600 + $28), and we 

estimate these 2 small entities will save, 

on average, about $2,314 ($4,628 ÷ 2 

entities) annually per entity per vessel. 

Table 16 shows the cost savings for 

small entities with each of the six 

different combinations of equipment 

described in the previous paragraphs. 

TABLE 16—SUMMARY OF THE ANNUAL COST SAVINGS PER ENTITY PER VESSEL OF THE FINAL RULE

Item Number of 

small entities 

Cost saving 

per entity 

per vessel 

Cost saving 

per vessel 

(A) (B) (C) = (A) × (B) 

Foam Testing ............................................................................................................................. 68 $14 $952 

Lifeboat Wire Falls ..................................................................................................................... 251 800 200,800 

Inert Gas Testing ....................................................................................................................... 8 218 1,744 

Foam Testing and Lifeboat Wire Falls ...................................................................................... 36 814 29,304 

Lifeboat Wire Falls and Inert Gas Testing ................................................................................ 2 890 1,780 

Foam Testing, Lifeboat Wire Falls, and Inert Gas Testing ....................................................... 2 2,314 4,628 

Total .................................................................................................................................... 367 ........................ 239,208 


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From these 6 different combinations, 

the range of the annual cost savings that 

we estimate for small entities per vessel 

in this analysis is between $14 and 

$2,314, and the total annual cost savings 

for the small entities is about $239,208. 

Table 17 shows the cost savings per 

revenue for the small entities for which 

we had revenue information. 

TABLE 17—DISTRIBUTION OF REVENUE IMPACTS

Percent of revenue 

impact 

Average annual impact per vessel Small entities 

with known 

revenue 

<1% ....................... Foam Testing ....... Lifeboat Wire Falls Inert Gas Testing .. Foam Testing and 

Lifeboat Wire 

Falls.

Lifeboat Wire Falls 

and Inert Gas 

Testing.

51 

Cost Savings per 

Vessel.

$14 ........................ $800 ...................... $218 ...................... $814 ...................... $890 ...................... ........................

Cost Savings per 

Small Entity.

$28 ........................ $1,600 ................... $436 ...................... $1,628 ................... $1,780 ................... ........................

Using MISLE’s data, we found that 51 

small entities, where we found revenue 

and employee information, own 92 

vessels. Therefore, each small entity 

owns, on average, two vessels. 

Multiplying the cost savings per entity 

per vessel (see table 17) by the number 

of vessels owned by each entity or 2, 

yields the following cost savings per 

entity: $28 for foam testing ($14 × 2 

vessels per entity = $28); $1,600 for 

lifeboat wire falls ($800 × 2 vessels per 

entity = $1,600); $436 for inert gas 

testing ($218 × 2 vessels per entity = 

$436); $1,628 for foam testing and 

lifeboats wire falls ($814 × 2 vessels per 

entity = $1,628); and $1,780 for lifeboat 

wire falls and inert gas testing ($890 × 

2 vessels per entity = $1,780). For each 

of the 51 small entities with known 

revenue, the average annual cost savings 

per equipment type per small entity is 

less than 1 percent of annual revenue. 

Based on this analysis, we found that 

100 percent of the small entities with 

known revenues impacted by this final 

rule (all 51 entities) will have a cost 

savings that is less than 1 percent of 

their annual revenue. The Coast Guard’s 

economic analysis concluded that these 

changes generate cost savings and do 

not impose a significant impact on any 

entities affected by this final rule. 

Therefore, the Coast Guard certifies 

under 5 U.S.C. 605(b) that this final rule 

will not have a significant economic 

impact on a substantial number of small 

entities. If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this final rule has a significant 

economic impact on it, please submit a 

comment to the docket at the address 

listed in the ADDRESSES section of this 

preamble. In your comment, explain 

why you think it qualifies and how and 

to what degree this final rule will 

economically affect it. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Public Law 104– 

121, we offer to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). 

D. Collection of Information 

This final rule calls for no new or 

revised collection of information under 

the Paperwork Reduction Act of 1995, 

44 U.S.C. 3501–3520. 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism) if it has a substantial direct 

effect on States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under Executive 

Order 13132 and have determined that 

it is consistent with the fundamental 

federalism principles and preemption 

requirements described in Executive 

Order 13132. Our analysis follows. 

It is well settled that States may not 

regulate in categories reserved for 

regulation by the Coast Guard. It is also 

well settled that all the categories 

covered in 46 U.S.C. 3306, 3703 

(involving design, construction, 

alteration, repair, maintenance, 

operation, equipping, personnel 

qualification, and manning of vessels) 

and any other category in which 

Congress intended the Coast Guard to be 

the sole source of a vessel’s obligations, 

are within the field foreclosed from 

regulation by the States. See United 

States v. Locke, 529 U.S. 89 (2000) 

(finding that the states are foreclosed 

from regulating tank vessels); see also 

Ray v. Atlantic Richfield Co., 435 U.S. 

151, 157 (1978) (State regulation is 

preempted where ‘‘the scheme of federal 

regulation may be so pervasive as to 

make reasonable the inference that 

Congress left no room for the States to 

supplement it [or where] the Act of 

Congress may touch a field in which the 

federal interest is so dominant that the 

federal system will be assumed to 

preclude enforcement of state laws on 

the same subject’’ (citations omitted)). 

Because this final rule involves 

approving, carrying, and maintaining 

certain safety equipment required on 

board vessels and offshore units or 

facilities, it is part of a pervasive scheme 

of Federal regulation that forecloses 

regulation by the States. Because the 

States may not regulate within this field, 

this final rule is consistent with the 

principles of federalism and preemption 

requirements in Executive Order 13132. 

While it is well settled that States may 

not regulate in categories in which 

Congress intended the Coast Guard to be 

the sole source of a vessel’s obligations, 

the Coast Guard recognizes the key role 

that State and local governments may 

have in making regulatory 

determinations. Additionally, for rules 

with federalism implications and 

preemptive effect, Executive Order 

13132 specifically directs agencies to 

consult with State and local 

governments during the rulemaking 


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process. If you believe this final rule has 

implications for federalism under 

Executive Order 13132, please contact 

the person listed in the FOR FURTHER

INFORMATION section of this preamble. 

F. Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1531–1538, requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Although this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

G. Taking of Private Property 

This final rule will not cause a taking 

of private property or otherwise have 

taking implications under Executive 

Order 12630 (Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights). 

H. Civil Justice Reform 

This final rule meets applicable 

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

Executive Order 12988 (Civil Justice 

Reform) to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

I. Protection of Children 

We have analyzed this final rule 

under Executive Order 13045 

(Protection of Children from 

Environmental Health Risks and Safety 

Risks). This rule is not an economically 

significant rule and will not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

J. Indian Tribal Governments 

This final rule does not have Tribal 

implications under Executive Order 

13175 (Consultation and Coordination 

with Indian Tribal Governments), 

because it will not have a substantial 

direct effect on one or more Indian 

Tribes, on the relationship between the 

Federal Government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

K. Energy Effects 

We have analyzed this final rule 

under Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use). We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act, codified as a 

note to 15 U.S.C. 272, directs agencies 

to use voluntary consensus standards in 

their regulatory activities unless the 

agency provides Congress, through 

OMB, with an explanation of why using 

these standards would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (for 

example, specifications of materials, 

performance, design, or operation; test 

methods; sampling procedures; and 

related management systems practices) 

that are developed or adopted by 

voluntary consensus standards bodies. 

This final rule uses the following 

technical and voluntary consensus 

standards: ASTM D975–14, IMO MSC/ 

Circular 1006, and ISO 15364. The 

sections that reference these standards 

and the locations where these standards 

are available are listed in 46 CFR 

39.1005, 160.135–5, 160.156–5, 

160.171–3, 160.174–3, and 162.017–1. 

These standards provide 

internationally accepted and recognized 

parameters that equipment and material 

must meet to ensure its safety, proper 

usage, and preservation on the seas. The 

standards that will be incorporated were 

developed by either the ASTM, IMO, or 

ISO, which are voluntary consensus 

standard-setting organizations. 

One ASTM standard will be 

incorporated by reference in this 

rulemaking: ASTM D975–14, ‘‘Standard 

Specification for Diesel Fuel Oils’’ (July 

30, 2014). This ASTM specification 

classifies grades of diesel fuel oils 

suitable for various types of diesel 

engines. As incorporated, it defines the 

grade of fuel necessary to perform a test 

for oil resistance. 

One IMO standard will be 

incorporated by reference in this 

rulemaking: 

IMO MSC/Circular 1006 ‘‘Guidelines 

on Fire Test Procedures for Acceptance 

of Fire-Retardant Materials for the 

Construction of Lifeboats’’ (adopted on 

June 8, 2001). This test procedure is 

used for the acceptance of fire-retardant 

and flame-resistant materials used for 

the construction of lifeboats, which are 

required to be fire-retardant by the 

International Life-saving Code. 

One ISO standard will be 

incorporated by reference in this 

rulemaking: 

ISO 15364:2021(E) (February 2021)— 

‘‘Ships and marine technology— 

Pressure-vacuum valves for cargo tanks 

and devices to prevent the passage of 

flame into cargo tanks.’’ This 

international standard specifies the 

minimum requirements for performance 

and testing of pressure-vacuum relief 

valves, with emphasis on selection of 

materials, internal finish, and surface 

requirements for pressure-vacuum relief 

valves installed on cargo tanks in 

tankers. 

Consistent with incorporation by 

reference provisions in 1 CFR part 51, 

this material is reasonably available. 

Interested persons have access to it 

through their normal course of business; 

can purchase it from the organizations 

identified in 46 CFR 39.1005, 160.135– 

5, 160.156–5, 160.171–3, and 160.174– 

3; or may view a copy using the 

methods identified in those sections. 

If you disagree with our analysis of 

these voluntary consensus standards or 

are aware of voluntary consensus 

standards that might apply but are not 

listed, please send a comment 

explaining your disagreement or 

identifying additional standards to the 

docket using one of the methods under 

ADDRESSES. 

M. Environment 

We have analyzed this final rule 

under DHS Management Directive 023– 

01, Rev. 1, associated implementing 

instructions, and Environmental 

Planning COMDTINST 5090.1 (series), 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have made a 

determination that this action is one of 

a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

This final rule is categorically excluded 

under paragraphs L52, L54, and L57 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. 

Paragraph L52 pertains to regulations 

concerning vessel safety standards; 

Paragraph L54 pertains to regulations 

which are editorial and procedural; and 

Paragraph L57 pertains to regulations 

concerning manning, documentation, 

admeasurement, inspection, and 

equipping of vessels. 

This final rule revises regulations 

associated with the approval, carriage, 

and maintenance of certain safety 

equipment required on board vessels 


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and offshore units or facilities. Some of 

these revisions are editorial or 

procedural actions that eliminate 

outdated requirements, reduce 

inspection and testing requirements, 

update standards incorporated by 

reference, remove obsolete sections, and 

align conflicting sections with codes 

associated with SOLAS. This final rule 

supports the Maritime Safety mission of 

the Coast Guard. 

List of Subjects 

33 CFR Part 149 

Fire prevention, Harbors, Marine 

safety, Navigation (water), Occupational 

safety and health. 

46 CFR Part 2 

Marine safety, Reporting and 

recordkeeping requirements, Vessels. 

46 CFR Part 31 

Cargo vessels, Marine safety, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 32 

Cargo vessels, Fire prevention, Marine 

safety, Navigation (water), Occupational 

safety and health, Reporting and 

recordkeeping requirements, Seamen. 

46 CFR Part 34 

Cargo vessels, Fire prevention, Marine 

safety. 

46 CFR Part 35 

Cargo vessels, Marine safety, 

Navigation (water), Occupational safety 

and health, Reporting and 

recordkeeping requirements, Seamen. 

46 CFR Part 39 

Cargo vessels, Fire prevention, 

Hazardous materials transportation, 

Incorporation by reference, Marine 

safety, Occupational safety and health, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 56 

Reporting and recordkeeping 

requirements, Vessels. 

46 CFR Part 76 

Fire prevention, Marine safety, 

Passenger vessels. 

46 CFR Part 77 

Marine safety, Navigation (water), 

Passenger vessels. 

46 CFR Part 95 

Cargo vessels, Fire prevention, Marine 

safety. 

46 CFR Part 96 

Cargo vessels, Marine safety, 

Navigation (water). 

46 CFR Part 105 

Cargo vessels, Fishing vessels, 

Hazardous materials transportation, 

Marine safety, Petroleum, Seamen. 

46 CFR Part 107 

Marine safety, Oil and gas 

exploration, Reporting and 

recordkeeping requirements, Vessels. 

46 CFR Part 108 

Fire prevention, Marine safety, 

Occupational safety and health, Oil and 

gas exploration, Vessels. 

46 CFR Part 109 

Marine safety, Occupational safety 

and health, Oil and gas exploration, 

Reporting and recordkeeping 

requirements, Vessels. 

46 CFR Part 115 

Fire prevention, Marine safety, 

Passenger vessels, Reporting and 

recordkeeping requirements. 

46 CFR Part 116 

Fire prevention, Incorporation by 

reference, Marine safety, Passenger 

vessels, Reporting and recordkeeping 

requirements, Seamen. 

46 CFR Part 118 

Fire prevention, Marine safety, 

Passenger vessels, Reporting and 

recordkeeping requirements. 

46 CFR Part 132 

Cargo vessels, Fire prevention, Marine 

safety, Reporting and recordkeeping 

requirements. 

46 CFR Part 147 

Hazardous materials transportation, 

Incorporation by reference, Labeling, 

Marine safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

46 CFR Part 159 

Business and industry, Laboratories, 

Marine safety, Reporting and 

recordkeeping requirements. 

46 CFR Part 160 

Incorporation by reference, Marine 

safety, Reporting and recordkeeping 

requirements. 

46 CFR Part 161 

Fire prevention, Incorporation by 

reference, Marine safety, Reporting and 

recordkeeping requirements. 

46 CFR Part 162 

Fire prevention, Incorporation by 

reference, Marine safety, Oil pollution, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 163 

Marine safety. 

46 CFR Part 164 

Fire prevention, Incorporation by 

reference, Marine safety, Reporting and 

recordkeeping requirements. 

46 CFR Part 167 

Fire prevention, Marine safety, 

Reporting and recordkeeping 

requirements, Schools, Seamen, Vessels. 

46 CFR Part 169 

Fire prevention, Marine safety, 

Reporting and recordkeeping 

requirements, Schools, Vessels. 

46 CFR Part 181 

Fire prevention, Marine safety, 

Passenger vessels, Reporting and 

recordkeeping requirements. 

46 CFR Part 195 

Marine safety, Navigation (water), 

Oceanographic research vessels. 

46 CFR Part 199 

Cargo vessels, Marine safety, Oil and 

gas exploration, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 149 and 46 CFR parts 2, 31, 32, 

34, 35, 39, 56, 76, 77, 95, 96, 105, 107, 

108, 109, 115, 116, 118, 132, 147, 159, 

160, 161, 162, 163, 164, 167, 169, 181, 

195, and 199 as follows: 

Title 33—Navigation and Navigable 

Waters 

PART 149—DEEPWATER PORTS: 

DESIGN, CONSTRUCTION, AND 

EQUIPMENT 

■ 1. The authority citation for part 149 

is revised to read as follows: 

Authority: 33 U.S.C. 1504, 1509; DHS 

Delegation No. 00170.1, Revision No. 01.4. 

■ 2. Amend § 149.410 by revising the 

section heading and the introductory 

text to read as follows: 

§ 149.410 Location and number of fire 

extinguishers required for manned 

deepwater ports constructed before August 

22, 2016. 

Manned deepwater ports constructed 

before August 22, 2016, must meet the 

following requirements: 

* * * * * 

Title 46—Shipping 

PART 2—VESSEL INSPECTIONS 

■ 3. The authority citation for part 2 is 

revised to read as follows: 


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Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 

46 U.S.C. 2103, 2110, 3306, 3316, 3703, 

70034; DHS Delegation No. 00170.1, Revision 

No. 01.4; E.O. 12234, 45 FR 58801, 3 CFR, 

1980 Comp., p. 277, sec. 1–105. 

■ 4. Amend § 2.75–10 by revising 

paragraph (b) and adding paragraph (c) 

to read as follows: 

§ 2.75–10 Procedures for obtaining 

approvals. 

* * * * * 

(b) Unless otherwise specified, 

correspondence concerning approvals 

should be submitted electronically to 

typeapproval@uscg.mil. When plans, 

drawings, test data, etc., are required to 

be submitted by the manufacturer, the 

material being transmitted with the 

application should be clearly identified. 

(c) If the manufacturer requests that 

hard copy stamped plans be returned to 

them, or if product samples must be 

submitted, the plans or samples must be 

addressed to the Commandant (CG– 

ENG), Attn: Office of Design and 

Engineering Standards, U.S. Coast 

Guard Stop 7509, 2703 Martin Luther 

King Jr. Avenue SE, Washington, DC 

20593–7509. When submitted, hard 

copy plans must be accompanied by 

electronic drawings or must be 

submitted in triplicate. 

PART 31—INSPECTION AND 

CERTIFICATION 

■ 5. The authority citation for part 31 is 

revised to read as follows: 

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

2103, 3205, 3306, 3307, 3703; 46 U.S.C. 

Chapter 701; E.O. 12234, 45 FR 58801, 3 CFR, 

1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; DHS Delegation 

No. 00170.1, Revision No. 01.4. Section 

31.10–21 also issued under the authority of 

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

■ 6. Amend § 31.10–18 by revising 

paragraph (c) to read as follows: 

§ 31.10–18 Firefighting equipment: 

General—TB/ALL. 

* * * * * 

(c) Deck foam systems must be tested 

at the inspection for certification and 

the periodic inspection by discharging 

foam for approximately 15 seconds from 

any nozzle designated by the marine 

inspector. It is not required to deliver 

foam from all foam outlets, but all lines 

and nozzles must be tested with water 

to prove they are clear of obstruction. 

Before the inspection for certification 

and periodic inspection of deck foam 

systems utilizing a mechanical foam 

system, a representative sample of the 

foam concentrate must be submitted to 

the manufacturer, or its authorized 

representative, or an independent 

laboratory accepted for this purpose by 

the Coast Guard, who will issue a 

certificate indicating gravity, pH, 

percentage of water dilution, and solid 

content. 

* * * * * 

PART 32—SPECIAL EQUIPMENT, 

MACHINERY, AND HULL 

REQUIREMENTS 

■ 7. The authority citation for part 32 is 

revised to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 3703, 

3719; E.O. 12234, 45 FR 58801, 3 CFR, 1980 

Comp., p. 277; DHS Delegation No. 00170.1, 

Revision No. 01.4; Subpart 32.59 also issued 

under the authority of Sec. 4109, Pub. L. 

101–380, 104 Stat. 515. 

§ 32.90–1 [Amended] 

■ 8. Amend § 32.90–1 by removing 

paragraph (h). 

PART 34—FIREFIGHTING EQUIPMENT 

■ 9. The authority citation for part 34 is 

revised to read as follows: 

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

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

277; DHS Delegation No. 00170.1, Revision 

No. 01.4. 

■ 10. Amend § 34.10–90 by revising 

paragraph (a)(3) to read as follows: 

§ 34.10–90 Installations contracted for 

prior to May 26, 1965—T/ALL. 

(a) * * * 

(3) Tankships of less than 500 gross 

tons shall be equipped with an efficient 

hand pump capable of delivering 50 

gallons per minute or a power-driven 

pump of equivalent capacity. However, 

on tankships of 20 gross tons or under, 

where it is impracticable to install a 

hand or power-operated fire pump, or 

on tankships with only one man in the 

crew, at least one additional 40–B fire 

extinguisher may be accepted in lieu of 

a fire pump. 

* * * * * 

■ 11. Amend § 34.50–10: 

■ a. In paragraph (a), by removing the 

text ‘‘table 34.50–10(a) of this section’’, 

wherever it appears, and adding in its 

place the text ‘‘table 1 to § 34.50–10(a)’’; 

■ b. In paragraph (h), by removing the 

text ‘‘Table 34.50–10(a) of this section’’ 

and adding in its place the text ‘‘Table 

1 to § 34.50—10(a)’’; and 

■ c. In the table following paragraph (h) 

by: 

■ i. Redesignating the table as table 1 to 

§ 34.50–10(a); and 

■ ii. Revising and republishing table 1 to 

§ 34.50–10(a). 

The revision reads as follows: 

§ 34.50–10 Location, number, and 

installation of fire extinguishers—TB/ALL. 

* * * * * 

(a) * * * 

TABLE 1 TO § 34.50–10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS

Tank ships 

Area 

Tank barges 

Quantity and location 

Minimum 

required 

rating 

Minimum 

required 

rating 

Quantity and location 

Safety Areas 

1 required ....................................... 20–B:C ........... Wheelhouse and chartroom areas ........................ None required. 

1 required in the vicinity of the exit 20–B:C 1 ......... Radio room .................................... ........................ None required. 

Accommodation Areas 

1 required in each main passageway on each deck, conveniently 

located, and so that no room is 

more than 75 ft from an extinguisher.

2–A ................ Staterooms, toilet spaces, public 

spaces, offices, etc., and associated lockers, storerooms, and 

pantries.

2–A ................ 1 required in the vicinity of the exit. 


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TABLE 1 TO § 34.50–10(a)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS—Continued 

Tank ships 

Area 

Tank barges 

Quantity and location 

Minimum 

required 

rating 

Minimum 

required 

rating 

Quantity and location 

Service Areas 

1 required for each 2,500 sq ft or 

fraction thereof.

40–B:C ........... Galleys ........................................... 40–B:C ........... 1 required, suitable for the hazard 

involved. 

1 required for each 2,500 sq ft or 

fraction thereof.

40–B .............. Stores areas, including paint and 

lamp rooms.

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

Machinery Area 2

2 required 3 ..................................... 40–B .............. Spaces containing oil fired boilers, 

either main or auxiliary, or any 

fuel oil units subject to the discharge pressure of the fuel oil 

service pump.

40–B .............. 1 required.12

and.

1 required ....................................... 160–B4.

1 required for each 1,000 brake 

horsepower; not less than 2, not 

more than 6 5.

40–B .............. Spaces containing internal combustion or gas turbine propulsion 

machinery.

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

and.

1 required 6 7 .................................. 120–B.

1 required in the vicinity of the 

exit 7.

40–B .............. Auxiliary spaces containing internal 

combustion or gas turbine units.

40–B .............. 1 required in the vicinity of the 

exit.7 9 12

1 required in the vicinity of the 

exit 8.

40–B:C ........... Auxiliary spaces containing emergency generators......................... None required. 

Cargo Areas 

1 required in the lower pumproom 40–B .............. Pumprooms .................................... 40–B .............. 1 required in the vicinity of the 

exit.9 12

None required ................................ ........................ Cargo tank area ............................. 40–B .............. 2 required.10 12 13

160–B ............ 1 required.9 11

Spare Units 

10 percent of required units rounded up.2–A ................ ........................................................ 2–A ................ 10 percent of required units rounded up. 

10 percent of required units rounded up.40–B:C ........... ........................................................ 40–B:C ........... 10 percent of required units rounded up. 

1Vessels not on an international voyage may substitute two 5–B:C rated extinguishers. 

2A 40–B:C must be immediately available to the service generator and main switchboard areas, and further, a 40–B:C must be conveniently 

located not more than 50 feet (15.25 meters) walking distance from any point in all main machinery operating spaces. These extinguishers need 

not be in addition to other required extinguishers. 3Vessels of fewer than 1,000 GT require 1. 

4Vessels of fewer than 1,000 GT may substitute 1 120–B:C. 

5Only 1 required for vessels under 65 ft in length. 

6 If an oil-burning donkey boiler is fitted in the space, the 160–B:C previously required for the protection of the boiler may be substituted. Not 

required where a fixed carbon dioxide system is installed. 7 Not required on vessels of fewer than 300 GT if the fuel has a flashpoint higher than 110 °F. 8 Not required on vessels of fewer than 300 GT. 

9 Not required if fixed system installed. 

10 If no cargo pump on barge, only one 40–B:C required. 11 Manned barges of 100 GT and over only. 12 Not required on unmanned barges except during the transfer of cargo, or operation of barge machinery or boilers when the barge is not underway. 13An extinguisher brought on to unmanned barges during the transfer of cargo, or operation of barge machinery or boilers does not have to be 

Coast Guard approved, provided it is approved by a nationally recognized testing laboratory (NRTL) in accordance with 29 CFR 1910.7. 

* * * * * 

PART 35—OPERATIONS 

■ 12. The authority citation for part 35 

is revised to read as follows: 

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

3306, 3703, 6101, 70011, 70034; E.O. 12234, 

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

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

351; DHS Delegation No. 00170.1, Revision 

No. 01.4. 

§ 35.30–20 [Amended] 

■ 13. Amend § 35.30–20 by removing 

the text ‘‘the Mine Safety and Health 

Administration (MSHA) and by’’ in 

paragraph (c)(1). 

PART 39—VAPOR CONTROL 

SYSTEMS 

■ 14. The authority citation for part 39 

is revised to read as follows: 

Authority: 42 U.S.C. 7511b(f)(2); 46 U.S.C. 

3306, 3703, 3715(b), 70011, 70034; E.O. 

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

277; DHS Delegation No. 00170.1, Revision 

No. 01.4. 


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■ 15. Amend § 39.1005 by: 

■ a. Revising paragraph (a); 

■ b. Redesignating paragraphs (g) 

through (i) as paragraphs (h) through (j); 

and 

■ c. Adding new paragraph (g). 

The revision and addition read as 

follows: 

§ 39.1005 Incorporation by reference—TB/ 

ALL. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved incorporation 

by reference (IBR) material is available 

for inspection at the Coast Guard and at 

the National Archives and Records 

Administration (NARA). Contact Coast 

Guard at: Commandant (CG–ENG–4), 

U.S. Coast Guard Stop 7509, 2703 

Martin Luther King Jr. Avenue SE, 

Washington, DC 20593–7509; email 

typeapproval@uscg.mil or visit 

www.dco.uscg.mil/CG–ENG–4/. For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. The material 

may be obtained from the sources in the 

following paragraphs of this section. 

* * * * * 

(g) International Organization for 

Standardization (ISO), ISO Central 

Secretariat Chemin de Blandonnet 8. CP 

401—1214 Vernier, Geneva, Switzerland 

phone 41 22 749 01 11; www.iso.org/ 

contact-iso.html. 

(1) ISO 15364:2021(E), Ships and 

Marine Technology—Pressure-vacuum 

valves for cargo tanks and devices to 

prevent the passage of flame into cargo 

tanks, Fourth Edition, February 2021 

(‘‘ISO 15364’’); IBR approved for 

§ 39.2011(b). 

(2) [Reserved] 

* * * * * 

■ 16. Amend § 39.2011 by revising 

paragraph (b)(1) to read as follows: 

§ 39.2011 Vapor overpressure and vacuum 

protection—TB/ALL. 

* * * * * 

(b) * * * 

(1) Be type approved under 46 CFR 

162.017 for the pressure and vacuum 

relief setting desired. Pressure-vacuum 

relief valves that meet the requirements 

of ISO 15364 (incorporated by reference, 

see § 39.1005) or equivalent standards 

acceptable to the flag state are 

acceptable for installation on foreignflagged vessels and do not require type 

approval; 

* * * * * 

PART 56—PIPING SYSTEMS AND 

APPURTENANCES 

■ 17. The authority citation for part 56 

is revised to read as follows: 

Authority: 33 U.S.C. 1321(j), 1509; 43 

U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 

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

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

Comp., p. 351; DHS Delegation No. 00170.1, 

Revision No. 01.4. 

■ 18. Amend § 56.60–25 by revising 

paragraph (a)(4) to read as follows: 

§ 56.60–25 Nonmetallic materials. 

(a) * * * 

(4) Plastic pipe fitting and bonding 

techniques must follow the 

manufacturer’s installation guidelines. 

Bonders must hold certifications 

required by the manufacturer’s 

guidelines and provide documentation 

of current certification to the Marine 

Inspector when requested. 

* * * * * 

PART 76—FIRE PROTECTION 

EQUIPMENT 

■ 19. The authority citation for part 76 

is revised to read as follows: 

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

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

Delegation No. 00170.1, Revision No. 01.4. 

■ 20. Amend § 76.50–10 by revising and 

republishing paragraphs (a) and (b) to 

read as follows: 

§ 76.50–10 Location. 

(a) Approved portable and semiportable extinguishers must be installed 

in accordance with table 1 to 76.50– 

10(b). The location of the equipment 

must be to the satisfaction of the Officer 

in Charge, Marine Inspection. Nothing 

in this paragraph should be construed as 

limiting the Officer in Charge, Marine 

Inspection, from requiring such 

additional equipment as he or she 

deems necessary for the proper 

protection of the vessel. 

(b) Table 1 to 76.50–10(b) indicates 

the minimum required number and type 

of extinguisher for each space listed. 

Extinguishers with larger numerical 

ratings or multiple letter designations 

may be used if the extinguishers meet 

the requirements of the table. 

TABLE 1 TO 76.50–10(b)—CARRIAGE OF PORTABLE AND SEMI-PORTABLE FIRE EXTINGUISHERS

Space 

Fire extinguishing 

Minimum 

required 

rating 

Quantity and location 

Safety Area 1

Wheelhouse or fire control room ............................................... 2–A, 20–B:C ..... 1 of each rating required for vessels over 1,000 GT. Only 1 

extinguisher is required if it carries both 2–A and 20–B:C 

ratings. 

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

Communicating corridors ........................................................... 2–A ................... 1 in each main corridor in each main vertical zone. (May be 

located in stairway enclosures.) 

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

Radio room ................................................................................ 20–B:C 3 ........... 2 in the vicinity of the exit.2

Accommodations 1

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

Offices, lockers, and isolated storerooms ................................. ........................... None required. 

Public spaces ............................................................................. 2–A ................... 1 for each 2,500 sq ft or fraction thereof located in vicinity of 

the exits, except that none are required for spaces under 

500 sq ft. 

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


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TABLE 1 TO 76.50–10(b)—CARRIAGE OF PORTABLE AND SEMI-PORTABLE FIRE EXTINGUISHERS—Continued 

Space 

Fire extinguishing 

Minimum 

required 

rating 

Quantity and location 

Service Spaces 

Galleys ....................................................................................... 40–B:C ............. 1 for each 2,500 sq ft or fraction thereof suitable for hazards 

involved. 

Main pantries ............................................................................. 2–A ................... 1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits. 

Motion picture booths and film lockers ...................................... 10–B:C 3 ........... 1 outside in the vicinity of the exit. 

Paint and lamp rooms ............................................................... 40–B ................. 1 outside space in the vicinity of the exit. 

Inaccessible baggage, mail, and specie rooms, and storerooms............................ None required. 

Accessible baggage, mail, and specie rooms, and storerooms 2–A ................... 1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits, either inside or outside the spaces. 

Refrigerated storerooms ............................................................ 2–A ................... 1 for each 2,500 sq ft or fraction thereof located in the vicinity of the exits, outside the spaces. 

Carpenter, valet, photographic, printing shops sales rooms, 

etc..

2–A ................... 1 outside the space in the vicinity of the exit. 

Machinery Spaces 

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

Oil-fired boilers: Spaces, containing oil fired boilers, either 

main or auxiliary, or their fuel oil units.

40–B .................

160–B ...............

2 required.3

1 required.4

Internal combustion or gas turbine propelling machinery 

spaces.

40–B ................. 1 for each 1,000 brake horsepower, but not less than 2 or 

more than 6. 

120–B ............... 1 required.5

Electric propulsive motors or generators of open type ............. 40–B:C ............. 1 for each propulsion motor or generator unit. 

Enclosed ventilating systems for motors and generators of 

electric propelling machinery.

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

Auxiliary spaces, internal combustion or gas turbine ................ 40–B ................. 1 outside the space in the vicinity of the exit.6

Auxiliary spaces, electric emergency motors or generators ..... 40–B:C ............. 1 outside the space in the vicinity of the exit.6

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

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

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

Cargo Spaces 

Inaccessible during voyage, including trunks (excluding tanks) ........................... None required. 

Accessible during voyage .......................................................... 2–A ................... 1 for each 1,200 sq ft or fraction thereof. 

Vehicular spaces (covered by a sprinkler system) .................... 40–B ................. 1, plus 1 for each 6,000 sq ft or fraction thereof. 

Vehicular spaces (not covered by a sprinkler system) ............. 40–B ................. 1, plus 1 for each 1,500 sq ft or fraction thereof.7

Cargo oil tanks ........................................................................... ........................... None required. 

Spare Units 

2–A ................... 10 percent of the required number for public spaces rounded 

up. 

40–B ................. 10 percent of the required number for cargo spaces rounded 

up. 

40–B:C ............. 1. 

1 In any case, on vessels of 150 feet (45.72 meters) in length and over, there must be at least two 2–A units on each passenger deck. 2For vessels on an international voyage, substitute 1 20–B:C in the vicinity of the exit. 

3Vessels of less than 1,000 GT and not on an international voyage require 1. 

4Vessels of less than 1,000 GT and not on an international voyage may substitute one 120–B for one 160–B. 

5 If an oil-burning donkey boiler is fitted in the space, the 160–B previously required for the protection of the boiler room may be substituted. 

Not required on vessels of less than 300 GT if the fuel has a flashpoint of 110 °F or lower except those on an international voyage. 6 Not required on vessels of less than 300 GT if the fuel has a flashpoint higher than 110 °F. 7Two 10–B units may be substituted for one 40–B unit. 

* * * * * 

PART 77—VESSEL CONTROL AND 

MISCELLANEOUS SYSTEMS AND 

EQUIPMENT 

■ 21. The authority citation for part 77 

is revised to read as follows: 

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

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

Delegation No. 00170.1, Revision No. 01.4. 

§ 77.35–5 [Amended] 

■ 22. Amend § 77.35–5 by removing the 

text ‘‘the Mine Safety and Health 

Administration (MSHA) and’’ in 

paragraph (b). 

§ 77.40–1 [Amended] 

■ 23. Amend § 77.40–1 by removing 

paragraph (h). 


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PART 95—FIRE PROTECTION 

EQUIPMENT 

■ 24. The authority citation for part 95 

is revised to read as follows: 

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

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

Delegation No. 00170.1, Revision No. 01.4. 

§ 95.50–10 [Amended] 

■ 25. Amend § 95.50–10: 

■ a. In paragraph (a), by removing the 

text ‘‘Table 95.50–10(a) of this section’’ 

and adding in its place the text ‘‘table 

1 to § 95.50–10(b)’’ 

■ b. In paragraph (b), by removing the 

text ‘‘Table 95.50–10(a)’’ and adding in 

its place the text ‘‘Table 1 to § 95.50– 

10(b)’’; and 

■ c. Redesignating table 95.50–10(a) as 

table 1 to § 95.50–10(b); and 

■ d. In footnote 4 to newly redesignated 

table 1 to § 95.50–10(b), removing the 

text ‘‘160–B’’ and adding in its place the 

text ‘‘120–B’’. 

PART 96—VESSEL CONTROL AND 

MISCELLANEOUS SYSTEMS AND 

EQUIPMENT 

■ 26. The authority citation for part 96 

is revised to read as follows: 

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

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

Delegation No. 00170.1, Revision No. 01.4. 

§ 96.35–5 [Amended] 

■ 27. Amend § 96.35–5 by removing the 

text ‘‘the Mine Safety and Health 

Administration (MSHA) and by’’ in 

paragraph (b). 

§ 96.40–1 [Amended] 

■ 28. Amend § 96.40–1 by removing 

paragraph (h). 

PART 105—COMMERCIAL FISHING 

VESSELS DISPENSING PETROLEUM 

PRODUCTS 

■ 29. The authority citation for part 105 

is revised to read as follows: 

Authority: 6 U.S.C. 468(b); 33 U.S.C. 

1321(j); 46 U.S.C. 2103, 3306, 3703, 4502; 

E.O. 12777, sec. 2(d)(2) and (f), 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; DHS Delegation 

No. 00170.1, Revision No. 01.4. 

■ 30. Amend § 105.14 by revising 

paragraph (a) to read as follows: 

§ 105.14 Fire Extinguishing Equipment. 

(a) In addition to the extinguishers in 

the table to § 28.160 of this chapter, 

each vessel must carry at least two 40– 

B fire extinguishers that are approved 

under § 162.028 or § 162.039 of this 

chapter and must be located at or near 

the dispensing area. Extinguishers with 

larger numerical ratings or multiple 

letter designations may be used to meet 

this requirement. This equipment must 

be examined before issuing a letter of 

compliance. 

* * * * * 

PART 107—INSPECTION AND 

CERTIFICATION 

■ 31. The authority citation for part 107 

is revised to read as follows: 

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

3307, 3316; DHS Delegation No. 00170.1, 

Revision No. 01.4; § 107.05 also issued under 

the authority of 44 U.S.C. 3507. 

■ 32. Amend § 107.235 by revising 

paragraph (b)(4) to read as follows: 

§ 107.235 Servicing of portable fire 

extinguishers, semi-portable fire 

extinguishers and fixed fire extinguishing 

systems. 

* * * * * 

(b) * * * 

(4) Foam, except premix systems: 

Discharge foam for approximately 15 

seconds from a nozzle designated by the 

marine inspector. Discharge water from 

all other lines and nozzles. Submit a 

sample of the foam concentrate to the 

manufacturer or its authorized 

representative, or an independent 

laboratory accepted for the purpose by 

the Coast Guard for determination of 

specific gravity, pH, percentage of water 

dilution, and solid content and for 

certification as a suitable firefighting 

foam. 

* * * * * 

PART 108—DESIGN AND EQUIPMENT 

■ 33. The authority citation for part 108 

is revised to read as follows: 

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

3306; DHS Delegation No. 00170.1, Revision 

No. 01.4. 

■ 34. Revise § 108.103 to read as 

follows: 

§ 108.103 Equipment not required on a 

unit. 

(a) Each item of lifesaving and 

firefighting equipment carried on board 

the unit in addition to equipment of the 

type required under this subchapter, 

must— 

(1) Be approved; or 

(2) Be acceptable to the cognizant 

OCMI, for use on the unit. 

(b) Use of non-approved fire detection 

systems may be acceptable as excess 

equipment, provided that— 

(1) Components are listed and labeled 

by an independent, nationally 

recognized testing laboratory as set forth 

in 29 CFR 1910.7, and are designed, 

installed, tested, and maintained in 

accordance with an appropriate 

industry standard and the 

manufacturer’s specific guidance; 

(2) Installation conforms to the 

requirements of subchapter J of this 

chapter, including the hazardous 

location electrical installation 

regulations in § 111.105 of this chapter; 

and 

(3) Coast Guard plan review is 

completed for wiring plans. 

■ 35. Amend § 108.489 by revising 

paragraph (a)(3) to read as follows: 

§ 108.489 Helicopter fueling facilities. 

(a) * * * 

(3) A 160–B fire extinguisher 

approved under § 162.028 or § 162.039 

of this chapter for each fueling facility 

up to 300 square feet (27.87 square 

meters). Extinguishers with larger 

numerical ratings or multiple letter 

designations may be used to meet this 

requirement. 

* * * * * 

■ 36. Amend § 108.495 by: 

■ a. Removing the text ‘‘Table 108.495 

of this section’’ and adding in its place 

the text ‘‘Table 1 to § 108.495’’ in the 

introductory text; 

■ b. Redesignating table 108.495 as table 

1 to § 108.459; and 

■ c. Revising and republishing newly 

redesignated table 1 to § 108.459. 

The revision reads as follows: 

§ 108.495 Locations and number of fire 

extinguishers required. 

* * * * * 

TABLE 1 TO § 108.495—CARRIAGE OF PORTABLE FIRE EXTINGUISHERS

Space 

Minimum 

required 

rating 

Quantity and location 

Safety Areas 

Wheelhouse and control room .................................................. 20–B:C ............. 2 in the vicinity of the exit. 

Stairway and elevator enclosure ............................................... ........................... None required. 


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TABLE 1 TO § 108.495—CARRIAGE OF PORTABLE FIRE EXTINGUISHERS—Continued 

Space 

Minimum 

required 

rating 

Quantity and location 

Corridors .................................................................................... 2–A ................... 1 in each corridor not more than 150 ft (45 m) apart. (May be 

located in stairways.) 

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

Radio room ................................................................................ 10–B:C ............. 2 in the vicinity of the exit. 

Accommodations 

Staterooms, toilet spaces, public spaces, offices, lockers, 

small storerooms, pantries, open decks, and similar spaces.

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

Service Spaces 

Galleys ....................................................................................... 40–B:C ............. 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof suitable for the hazards involved. 

Paint and lamp rooms ............................................................... 40:B .................. 1 outside each room in the vicinity of the exit. 

Storerooms ................................................................................ 2–A ................... 1 for each 2,500 sq ft (232.2 sq m) or fraction thereof located 

in the vicinity of the exits, either inside or outside the 

spaces. 

Workshop and similar spaces ................................................... 20–B:C ............. 1 outside each space in the vicinity of the exit. 

Machinery Spaces 

Oil-fired boilers: Spaces containing oil-fired boilers, either 

main or auxiliary, or their fuel oil units.

40–B ................. 2 required in each space. 

160–B ............... 1 required in each space. See note 1. 

Internal combustion or gas turbine propelling machinery 

spaces.

40–B ................. 1 for each 1,000 brake horsepower but not less than 2 and 

not more than 6 in each space. 

120–B ............... 1 required in each space. See note 1. 

Motors or generators of electric propelling machinery that do 

not have an enclosed ventilating system.

40–B:C ............. 1 for each motor or generator. 

Motors and generators of electric propelling machinery that 

have enclosed ventilating systems.

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

Auxiliary Spaces 

Internal combustion engines or gas turbine .............................. 40–B ................. 1 outside the space containing engines or turbines in the vicinity of the exit. 

Electric emergency motors or generators ................................. 40–B:C ............. 1 outside the space containing motors or generators in the 

vicinity of the exit. 

Steam driven auxiliary machinery ............................................. ........................... None required. 

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

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

Miscellaneous Areas 

Helicopter landing decks ........................................................... 160–B ............... 1 at each access route. 

Helicopter fueling facilities ......................................................... 160–B ............... 1 at each fuel transfer facility. See note 2. 

Drill floor ..................................................................................... 40–B:C ............. 2 required. 

Cranes with internal combustion engines ................................. 40–B:C ............. 1 required. 

Spare Units 

2–A ................... 10 percent of the total required rounded up. 

40–B:C ............. 10 percent of the total required rounded up. 

1 Not required where a fixed gas extinguishing system is installed. 

2 Not required where a fixed foam system is installed in accordance with § 108.489. 

§ 108.497 [Amended] 

■ 37. Amend § 108.497 by removing the 

text ‘‘the Mine Safety and Health 

Administration (MSHA) and by’’ in 

paragraph (a). 

§ 108.570 [Amended] 

■ 38. Amend § 108.570 by removing the 

word ‘‘must’’ and adding in its place the 

word ‘‘may’’ in paragraph (c)(3). 

§ 108.719 [Amended] 

■ 39. Amend § 108.719 by removing 

paragraph (h). 

PART 109—OPERATIONS 

■ 40. The authority citation for part 109 

is revised to read as follows: 

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

6101, 10104; DHS Delegation 00170.1, 

Revision No. 01.4. 

■ 41. Amend § 109.301 by revising 

paragraph (j) to read as follows: 

§ 109.301 Operational readiness, 

maintenance, and inspection of lifesaving 

equipment. 

* * * * * 

(j) Maintenance of falls. Each fall used 

in a launching appliance must be 

inspected annually with special regard 

for areas passing through sheaves and 


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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 76701 

must be renewed when necessary due to 

deterioration or at intervals of not more 

than 5 years, whichever is earlier. 

* * * * * 

PART 115—INSPECTION AND 

CERTIFICATION 

■ 42. The authority citation for part 115 

is revised to read as follows: 

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

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

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

Comp., p. 277; DHS Delegation 00170.1, 

Revision No. 01.4. 

§ 115.810 [Amended] 

■ 43. Amend § 115.810 by removing the 

text ‘‘Chapter 4 of’’ in paragraph (b)(1). 

PART 116—CONSTRUCTION AND 

ARRANGEMENT 

■ 44. The authority citation for part 116 

is revised to read as follows: 

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

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

277, DHS Delegation 00170.1, Revision No. 

01.4. 

■ 45. Amend § 116.400 by revising 

paragraph (c) to read as follows: 

§ 116.400 Application. 

* * * * * 

(c) Vessels meeting the structural fire 

protection requirements of SOLAS, 

Chapter II–2, Regulations 5, 6, 8, 9, and 

11 (incorporated by reference, see 

§ 114.600 of this chapter), when 

combined with the requirements in 

§ 116.438, may be considered equivalent 

to the provisions of this subpart. 

■ 46. Amend § 116.405 by revising 

paragraph (f) to read as follows: 

§ 116.405 General arrangement and 

outfitting. 

* * * * * 

(f) Nonmetallic piping in concealed 

spaces. The use of nonmetallic (plastic) 

pipe within a concealed space in a 

control space, accommodation space, or 

service space is permitted in nonvital 

service only if the piping material has 

been approved under § 164.141 of this 

chapter and meets both low flame 

spread rating and toxicity requirements. 

* * * * * 

PART 118—FIRE PROTECTION 

EQUIPMENT 

■ 47. The authority citation for part 118 

is revised to read as follows: 

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

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

277; DHS Delegation 00170.1, Revision No. 

01.4. 

§ 118.500 [Amended] 

■ 48. Amend § 118.500: 

■ a. In paragraph (a), by removing the 

text ‘‘Table 118.500(a) of this section’’ 

and adding in its place the text ‘‘table 

1 to § 118.500(b)’’; 

■ b. In paragraph (b), by removing the 

text ‘‘Table 118.500(a) of this section’’ 

and adding in its place the text ‘‘Table 

1 to § 118.500(b)’’; 

■ c. By redesignating table 118.500(a) as 

table 1 to § 118.500(b); 

■ d. In paragraph (c), by removing the 

text ‘‘10’’ and adding in its place the 

text ‘‘5’’; and 

■ e. In paragraph (d), by removing the 

text ‘‘(c)’’ and adding in its place the 

text ‘‘(b)’’. 

PART 132—FIRE PROTECTION 

EQUIPMENT 

■ 49. The authority citation for part 132 

is revised to read as follows: 

Authority: 46 U.S.C. 3306, 3307; sec. 617, 

Pub. L. 111–281, 124 Stat. 2905; DHS 

Delegation 00170.1, Revision No. 01.4. 

§ 132.365 [Amended] 

■ 50. Amend § 132.365 by removing the 

text ‘‘the Mine Safety and Health 

Administration and by’’ in paragraph 

(b)(1). 

PART 147—HAZARDOUS SHIPS 

STORES 

■ 51. The authority citation for part 147 

is revised to read as follows: 

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

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

Delegation 00170.1, Revision No. 01.4. 

■ 52. Amend § 147.66 by revising 

paragraphs (a) and (c) 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 12 years. 

* * * * * 

(c) Flexible connections between 

cylinders and discharge piping for fixed 

inert gas fire extinguishing systems 

must be renewed or retested in 

accordance with section 7.3 of NFPA 

2001 (incorporated by reference, see 

§ 147.7), except that this renewal or 

retesting must occur when the cylinders 

are retested. 

PART 159—APPROVAL OF 

EQUIPMENT AND MATERIALS 

■ 53. The authority citation for part 159 

is revised to read as follows: 

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

Delegation 00170.1, Revision No. 01.4; 

Section 159.001–9 also issued under the 

authority of 44 U.S.C. 3507. 

■ 54. Revise § 159.001–5 to read as 

follows: 

§ 159.001–5 Correspondence and 

applications. 

(a) Unless otherwise specified, all 

correspondence and applications in 

connection with approval and testing of 

equipment and materials should be 

submitted electronically to 

typeapproval@uscg.mil. When plans, 

drawings, test data, etc., are required to 

be submitted by the manufacturer, the 

material being transmitted with the 

application should be clearly identified. 

(b) If the manufacturer desires hard 

copy stamped plans be returned to 

them, or if product samples must be 

submitted, the plans or samples must be 

addressed to: Commandant (CG–ENG), 

Attn: Office of Design & Engineering 

Standards, U.S. Coast Guard Stop 7509, 

2703 Martin Luther King Jr. Avenue SE, 

Washington, DC 20593–7509. When 

submitted, hard copy plans must be 

accompanied by electronic drawings or 

must be submitted in triplicate. 

PART 160—LIFESAVING EQUIPMENT 

■ 55. The authority citation for part 160 

is revised to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 3703, 

4302; E.O. 12234; 45 FR 58801; 3 CFR, 1980 

Comp., p. 277; and DHS Delegation 00170.1, 

Revision No. 01.4. 

■ 56. Amend § 160.115–7 by revising 

paragraphs (b)(6)(vi) introductory text 

and (b)(6)(vi)(A) to read as follows: 

§ 160.115–7 Design, construction, and 

performance of winches. 

* * * * * 

(b) * * * 

(6) * * * 

(vi) Limit switches must be provided 

to limit the travel of the davit arms as 

they approach the final stowed position 

and prevent overstressing the falls or 

davits. These switches must— 

(A) Be arranged so that the activation 

of any limit switch will stop the travel 

of all of the davit arms; 

* * * * * 

§§ 160.115–9, 160.115–13, 160.132–9, 

160.132–13, and 160.133–9 [Amended] 

■ 57. Amend §§ 160.115–9(b) 

introductory text, 160.115–13(g)(2), 

160.132–9(b) introductory text, 

160.132–13(g)(2), and 160.133–9(b) 

introductory text by removing the words 

‘‘in triplicate’’. 

§ 160.133–13 [Amended] 

■ 58. Amend § 160.133–13 by removing 

the text ‘‘, in triplicate’’ in paragraph 

(g)(2). 

■ 59. Amend § 160.135–5 by adding 

paragraph (d)(7) to read as follows: 


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76702 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 

§ 160.135–5 Incorporation by reference. 

* * * * * 

(d) * * * 

(7) MSC/Circ. 1006, Guidelines on 

Fire Test Procedures for Acceptance of 

Fire-Retardant Materials for the 

Construction of Lifeboats, June 18, 2001; 

IBR approved for § 160.135–7(b). 

* * * * * 

■ 60. Amend § 160.135–7 by revising 

paragraph (b)(3)(iv)(A) to read as 

follows: 

§ 160.135–7 Design, construction, and 

performance of lifeboats. 

* * * * * 

(b) * * * 

(3) * * * 

(iv) * * * 

(A) Resin. Any resin used for the hull, 

canopy, hatches, rigid covers, and 

enclosures for the engine, transmission, 

and engine accessories, must be fire 

retardant according to IMO MSC/Circ. 

1006 (incorporated by reference, see 

§ 160.135–5) 

* * * * * 

§ 160.135–9 [Amended] 

■ 61. Amend § 160.135–9 by removing 

the words ‘‘in triplicate’’ in paragraph 

(b) introductory text. 

§ 160.135–13 [Amended] 

■ 62. Amend § 160.135–13 by removing 

the text ‘‘, in triplicate’’ in paragraph 

(g)(2) introductory text. 

■ 63. Amend § 160.156–5 by adding 

paragraph (d)(7) to read as follows: 

§ 160.156–5 Incorporation by reference. 

* * * * * 

(d) * * * 

(7) MSC/Circ. 1006, Guidelines On 

Fire Test Procedures For Acceptance Of 

Fire-Retardant Materials For The 

Construction Of Lifeboats, June 18, 

2001; IBR approved for § 160.156–7. 

* * * * * 

■ 64. Amend § 160.156–7 by revising 

paragraph (b)(3)(iv)(A) to read as 

follows: 

§ 160.156–7 Design, construction, and 

performance of rescue boats and fast 

rescue boats. 

* * * * * 

(b) * * * 

(3) * * * 

(iv) * * * 

(A) Resin. Any resin used for the hull, 

canopy, hatches, rigid covers, and 

enclosures for the engine, transmission, 

and engine accessories, must be fire 

retardant according to IMO MSC/Circ. 

1006 (incorporated by reference, see 

§ 160.156–5) 

* * * * * 

§ 160.156–9 [Amended] 

■ 65. Amend § 160.156–9 by removing 

the words ‘‘in triplicate’’ in paragraph 

(b) introductory text. 

§ 160.156–13 [Amended] 

■ 66. Amend § 160.156–13 by removing 

the text ‘‘, in triplicate’’ in paragraph 

(g)(2) introductory text. 

§ 160.170–9 [Amended] 

■ 67. Amend § 160.170–9 by removing 

words ‘‘in triplicate’’ in paragraph (b) 

introductory text. 

§ 160.170–13 [Amended] 

■ 68. Amend § 160.170–13 by removing 

text ‘‘, in triplicate,’’ in paragraph (g)(2). 

■ 69. Revise § 160.171–3 to read as 

follows: 

§ 160.171–3 Incorporation by reference. 

Certain material is incorporated by 

reference into this subpart with the 

approval of the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. All approved 

incorporation by reference (IBR) 

material is available for inspection at 

the Coast Guard Headquarters and at the 

National Archives and Records 

Administration (NARA). Contact the 

Coast Guard at: Commandant (CG–ENG– 

4), U.S. Coast Guard Stop 7509, 2703 

Martin Luther King Jr. Avenue SE, 

Washington, DC 20593–7509; email 

typeapproval@uscg.mil or visit 

www.dco.uscg.mil/CG-ENG-4/. For 

information on the availability of this 

material at NARA, visit: 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email: 

fr.inspection@nara.gov. The material 

may be obtained from the following 

sources: 

(a) ASTM International (ASTM). 100 

Barr Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959; phone: 

+1 610 832 9500; email: service@

astm.org; web: www.astm.org. 

(1) ASTM B117–97, Standard Practice 

for Operating Salt Spray (Fog) 

Apparatus (‘‘ASTM B117’’); IBR 

approved for § 160.171–17(k). 

(2) ASTM C177–85 (1993), Standard 

Test Method for Steady-State Heat Flux 

Measurements and Thermal 

Transmission Properties by Means of 

the Guarded-Hot-Plate Apparatus 

(‘‘ASTM C177’’); IBR approved for 

§ 160.171–17(e). 

(3) ASTM C518–91, Standard Test 

Method for Steady-State Heat Flux 

Measurements and Thermal 

Transmission Properties by Means of 

the Heat Flow Meter Apparatus (‘‘ASTM 

C518’’); IBR approved for § 160.171– 

17(e). 

(4) ASTM D975–14, Standard 

Specification for Diesel Fuel Oils, 

approved February 1, 2014 (‘‘ASTM 

D975’’); IBR approved for § 160.171– 

17(p). 

(5) ASTM D1004–94a, Standard Test 

Method for Initial Tear Resistance of 

Plastic Film and Sheeting (‘‘ASTM 

D1004’’); IBR approved for § 160.171– 

17(n). 

(b) General Services Administration 

(GSA). email: GSAStandards@gsa.gov; 

web: https://fedspecs.gsa.gov/s/federalspecifications. 

(1) Federal Test Method Standard No. 

191a dated July 20, 1978, Method 

5304.1, Abrasion Resistance of Cloth, 

Oscillatory Cylinder (Wyzenbeek) 

Method, dated July 9, 1971 (‘‘Federal 

Test Method Standard 191, Method 

5304.1’’); IBR approved for § 160.171– 

17(o). 

(2) Federal Standard No. 751a, 

Stitches, Seams, and Stitchings, dated 

January 25, 1965 (‘‘Federal Standard No. 

751’’); IBR approved for § 160.171–9(c). 

(c) National Institution of Standards 

and Technology (NIST) (formerly 

National Bureau of Standards). U.S. 

Department of Commerce, National 

Institution of Standards and 

Technology, 100 Bureau Drive, 

Gaithersburg, MD 20899; phone: (301) 

975–2000; web: www.nist.gov. 

(1) National Bureau of Standards 

Special Publication 440—Color, 

Universal Language and Dictionary of 

Names; December 1976 (‘‘National 

Bureau of Standards Publication 440’’); 

IBR approved for § 160.171–9(h). 

(Available at https://nvlpubs.nist.gov/ 

nistpubs/Legacy/SP/nbsspecial

publication440.pdf) 

(2) [Reserved] 

(d) Underwriters Laboratories (UL). 

1850 M. St. NW, Suite 1000, 

Washington, DC, District of Columbia, 

20036–5833; phone: (202) 296–7840; 

fax: (202) 872–1576; web: www.ul.com. 

(1) UL 1191, Standard for 

Components for Personal Flotation 

Devices, First Edition, as revised March 

29, 1977; IBR approved for § 160.171– 

17(h). 

(2) [Reserved] 

■ 70. Revise § 160.174–3 to read as 

follows: 

§ 160.174–3 Incorporation by reference. 

Certain material is incorporated by 

reference into this subpart with the 

approval of the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. All approved 

incorporation by reference (IBR) 

material is available for inspection at 

the Coast Guard Headquarters and at the 

National Archives and Records 

Administration (NARA). Contact the 


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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 76703 

Coast Guard at: Commandant (CG–ENG– 

4), U.S. Coast Guard Stop 7509, 2703 

Martin Luther King Jr. Avenue SE, 

Washington, DC 20593–7509; email 

typeapproval@uscg.mil or visit 

www.dco.uscg.mil/CG-ENG-4/. For 

information on the availability of this 

material at NARA, email: fr.inspection@

nara.gov, or go to: www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

The material may be obtained from the 

sources in the following paragraphs of 

this section. 

(a) ASTM International (ASTM). 100 

Barr Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959; phone: 

+1 610 832 9500; email: service@

astm.org; web: www.astm.org. 

(1) ASTM C177–85 (1993), Standard 

Test Method for Steady-State Heat Flux 

Measurements and Thermal 

Transmission Properties by Means of 

the Guarded-Hot-Plate Apparatus 

(‘‘ASTM C 177’’); IBR approved for 

§ 160.174–17(f) and (g). 

(2) ASTM C518–91, Standard Test 

Method for Steady-State Heat Flux 

Measurements and Thermal 

Transmission Properties by Means of 

the Heat Flow Meter Apparatus (‘‘ASTM 

C 518’’); IBR approved for § 160.174– 

17(f) and (g). 

(3) ASTM D975–14, Standard 

Specification for Diesel Fuel Oils, 

approved February 1, 2014 (‘‘ASTM D 

975’’); IBR approved for § 160.174–17(g). 

(4) ASTM D1004–94a, Standard Test 

Method for Initial Tear Resistance of 

Plastic Film and Sheeting (‘‘ASTM D 

1004’’); IBR approved for § 160.174– 

47(i). 

(5) ASTM D1518–85 (1990), Standard 

Test Method for Thermal Transmittance 

of Textile Materials (‘‘ASTM D 1518’’); 

IBR approved for § 160.174–17(f). 

(b) General Services Administration 

(GSA). email: GSAStandards@gsa.gov; 

web: https://fedspecs.gsa.gov/s/federalspecifications. 

(1) Federal Standard No. 751a, 

Stitches, Seams, and Stitchings, dated 

January 25, 1965 (‘‘Federal Standard No. 

751’’); IBR approved for § 160.174–9(b). 

(2) [Reserved] 

(c) National Institution of Standards 

and Technology (NIST) (formerly 

National Bureau of Standards). U.S. 

Department of Commerce, National 

Institution of Standards and 

Technology, 100 Bureau Drive, 

Gaithersburg, MD 20899; phone: (301) 

975–2000; web: www.nist.gov. 

(1) National Bureau of Standards 

Special Publication 440—Color, 

Universal Language and Dictionary of 

Names (‘‘National Bureau of Standards 

Publication 440’’); December 1976; IBR 

approved for § 160.174–9(f). (Available 

at https://nvlpubs.nist.gov/nistpubs/ 

Legacy/SP/nbsspecialpublication440.

pdf) 

(2) [Reserved] 

PART 161—ELECTRICAL EQUIPMENT 

■ 71. The authority citation for part 161 

is revised to read as follows: 

Authority: 46 U.S.C. 3306, 3703, 4302; 

E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., 

p. 277; DHS Delegation 00170.1, Revision No. 

01.4. 

■ 72. Amend § 161.002–18 by revising 

the section heading and paragraph (a) to 

read as follows: 

§ 161.002–18 System method of 

applications for equipment approval. 

(a) The manufacturer must submit the 

following material to the Commandant 

(CG–ENG), according to § 159.001–5 of 

this subchapter: 

(1) A formal written request that the 

system be reviewed for approval. 

(2) The system’s instruction manual, 

including information concerning 

installation, maintenance, limitations, 

programming, operation, and 

troubleshooting. 

(3) Proof of listing the system devices 

meeting the requirements of § 161.002– 

6(a). 

(4) The complete test report(s) 

meeting the requirements of § 161.002– 

6 generated by an independent 

laboratory accepted by the Commandant 

under part 159 of this subchapter or an 

NRTL as set forth in 29 CFR 1910.7. A 

current list of Coast Guard-accepted 

laboratories may be obtained from the 

following website: https://

cgmix.uscg.mil/eqlabs/. 

(5) A list prepared by the 

manufacturer that contains the name, 

model number, and function of each 

major component and accessory, such as 

the main control cabinet, remote 

annunciator cabinet, detector, zone 

card, isolator, central processing unit, 

zener barrier, special purpose module, 

or power supply. This list must be 

identified by the following information 

assigned by the manufacturer: 

(i) A document number; 

(ii) A revision number (the original 

submission being revision number 0); 

and 

(iii) The date that the manufacturer 

created or revised the list. 

* * * * * 

■ 73. Amend § 161.002–19 by revising 

the section heading and paragraphs (a) 

and (b) to read as follows: 

§ 161.002–19 Device method of application 

for equipment approval. 

(a) The manufacturer must submit the 

following material to the Commandant 

(CG–ENG) according to § 159.001–5 of 

this subchapter: 

(1) A formal written request that the 

device be reviewed for approval; 

(2) The device’s instruction manual, 

including information concerning 

installation, maintenance, limitations, 

programming, operation, and 

troubleshooting; 

(3) Proof of listing the device meeting 

the requirements of § 161.002–6(a); and 

(4) The complete test report(s) 

meeting the requirements of § 161.002– 

6 generated by an independent 

laboratory accepted by the Commandant 

under part 159 of this subchapter or an 

NRTL as set forth in 29 CFR 1910.7. A 

current list of Coast Guard accepted 

laboratories may be obtained from the 

following website: https://

cgmix.uscg.mil/eqlabs/. 

(b) To apply for a revision, the 

manufacturer must submit— 

(1) A written request under paragraph 

(a) of this section; 

(2) Updated documentation under 

paragraph (a)(2) of this section; 

(3) Proof of listing the device meeting 

the requirements of § 161.002–6(a); and 

(4) A report by an independent 

laboratory accepted by the Commandant 

under part 159 of this subchapter or an 

NRTL as set forth in 29 CFR 1910.7 is 

required to document compliance with 

§ 161.002–6. 

* * * * * 

§ 161.011–1 [Amended] 

■ 74. Amend § 161.011–1 by removing 

the word ‘‘approval’’ and adding in its 

place the word ‘‘acceptance’’. 

■ 75. Revise § 161.011–5 to read as 

follows: 

§ 161.011–5 Types. 

EPIRBs are typed as follows: 

(a) Category 1—EPIRBs are capable of 

floating free of a vessel and activating 

automatically if the vessel sinks. 

(b) Category 2—EPIRBs are manually 

removed from the mounting bracket and 

activated. 

■ 76. Revise § 161.011–10 to read as 

follows. 

§ 161.011–10 EPIRB acceptance. 

(a) The Coast Guard reviews test 

reports from an accepted independent 

laboratory for EPIRBs accepted in 

§ 161.011–5. 

(b) An application for acceptance or 

type acceptance of an EPIRB should be 

submitted to the Coast Guard before the 

FCC in accordance with 47 CFR part 

1061. When requested by the FCC, the 

Coast Guard reviews the test results in 

the application that concern installation 

and operation of the EPIRB. The Coast 

Guard provides the results of the review 

to the manufacturer, and to the FCC for 

its use in acting upon the application. 


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■ 77. Amend § 161.012–5 by: 

■ a. Revising paragraph (a); and 

■ b. In paragraph (b)(2), by removing the 

words ‘‘Two copies of plans’’ and 

adding in their place the word ‘‘Plans’’. 

The revision reads as follows: 

§ 161.012–5 Approval procedures. 

(a) An application for approval of a 

PFD light under this subpart must be 

submitted to the Commandant (CG– 

ENG) according to § 159.001–5 of this 

subchapter. 

* * * * * 

■ 78. Amend § 161.013–11 by revising 

paragraph (c)(1) to read as follows: 

§ 161.013–11 Prototype test. 

* * * * * 

(c) * * * 

(1) Forward the test results within 30 

days to the Commandant (CG–ENG) 

according to § 159.005–1 of this 

subchapter; and 

* * * * * 

■ 79. Revise § 161.013–17 to read as 

follows: 

§ 161.013–17 Manufacturer notification. 

Each manufacturer certifying lights in 

accordance with the specifications of 

this subpart must send written notice to 

the Commandant (CG–ENG) according 

to § 159.005–1 of this subchapter within 

30 days after first certifying the lights 

and send a new notice every 5 years 

thereafter as long as it certifies lights. 

PART 162—ENGINEERING 

EQUIPMENT 

■ 80. The authority citation for part 162 

is revised to read as follows: 

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

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

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

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

351; DHS Delegation 00170.1, Revision No. 

01.4. 

■ 81. Add § 162.017–0 to read as 

follows: 

§ 162.017–0 Preemptive effect. 

The regulations in this part have 

preemptive effect over State or local 

regulations in the same field. 

■ 82. Revise § 162.017–1 to read as 

follows: 

§ 162.017–1 Incorporation by reference. 

Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved incorporation 

by reference (IBR) material is available 

for inspection at the Coast Guard and at 

the National Archives and Records 

Administration (NARA). Contact Coast 

Guard at: Commandant (CG–ENG–4), 

U.S. Coast Guard Stop 7509, 2703 

Martin Luther King Jr. Avenue SE, 

Washington, DC 20593–7509; email 

typeapproval@uscg.mil or visit 

www.dco.uscg.mil/CG-ENG-4/. For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. The material 

may be obtained from the International 

Organization for Standardization (ISO), 

ISO Central Secretariat, Chemin de 

Blandonnet 8. CP 401—1214 Vernier, 

Geneva, Switzerland; phone 41 22 749 

01 11; www.iso.org/contact-iso.html. 

(a) ISO 15364:2021(E), Ships and 

Marine Technology—Pressure-vacuum 

valves for cargo tanks and devices to 

prevent the passage of flame into cargo 

tanks, Fourth Edition, February 2021 

(‘‘ISO 15364’’); IBR approved for 

§ 162.017–3(r). 

(b) [Reserved] 

§ 162.017–2 [Amended] 

■ 83. Amend § 162.017–2 by removing 

the word ‘‘inflammable’’ and adding it 

its place the word ‘‘flammable’’. 

■ 84. Amend § 162.017–3 by revising 

paragraphs (g), (n), and (r) to read as 

follows: 

§ 162.017–3 Materials, construction, and 

workmanship 

* * * * * 

(g) The design and construction of the 

valves must permit maintenance 

without removal from the line. 

* * * * * 

(n) Double flame screens of 20 × 20 

corrosion-resistant wire mesh with a 1⁄2- 

inch corrosion-resistant separator, or a 

single screen of 30 × 30 corrosionresistant wire mesh, shall be fitted on all 

openings to atmosphere. The net free 

area through the flame screens shall not 

be less than 11⁄2 times the crosssectional area of the vent inlet from the 

cargo tanks. 

* * * * * 

(r) Pressure-vacuum relief valves 

constructed in accordance with ISO 

15364 (incorporated by reference; see 

§ 162.017–1) meet the requirements of 

this subpart and are eligible to receive 

approval by submitting an application 

in accordance with § 162.017–6. 

■ 85. Amend § 162.017–6: 

■ a. By revising paragraph (a); 

■ b. In paragraph (b), by removing the 

words ‘‘in quadruplicate’’; and 

■ c. In paragraph (c), by removing the 

text ‘‘, by the Underwriters’ 

Laboratories, the Factory Mutual 

Laboratories, or’’. 

The revision reads as follows. 

§ 162.017–6 Procedure for approval. 

(a) General. Applications for approval 

must be submitted to the Commanding 

Officer, U.S. Coast Guard Marine Safety 

Center. Applications may be submitted 

electronically, by mail or in-person. 

Mail or in-person submissions may be 

delivered to U.S. Coast Guard Stop 

7430, 2703 Martin Luther King Jr. 

Avenue SE, Washington, DC 20593– 

7430. Information for submitting 

applications electronically can be found 

at https://www.uscg.mil/HQ/MSC. 

* * * * * 

■ 86. Amend § 162.050–15 by revising 

paragraph (a) to read as follows: 

§ 162.050–15 Designation of facilities. 

(a) Each request for designation as a 

facility authorized to perform approval 

tests must be submitted to the 

Commandant (CG–ENG) according to 

§ 159.005–1 of this subchapter. 

* * * * * 

■ 87. Amend § 162.060–40 by revising 

paragraph (b) to read as follows: 

§ 162.060–40 Requirements for 

Independent Laboratories (ILs). 

* * * * * 

(b) Each request for designation as an 

independent laboratory authorized 

under paragraph (a) of this section must 

be submitted to the Commandant (CG– 

ENG) according to § 159.005–1 of this 

subchapter. 

* * * * * 

PART 163—CONSTRUCTION 

■ 88. The authority citation for part 163 

is revised to read as follows: 

Authority: 46 U.S.C. 3306, 3703, 5115; 

E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., 

p. 277; DHS Delegation 00170.1, Revision No. 

01.4. 

Subpart 163.002—[Removed and 

Reserved] 

■ 89. Remove and reserve subpart 

163.002, consisting of §§ 163.002–1 

through 163.002–27. 

PART 164—MATERIALS 

■ 90. The authority citation for part 164 

is revised to read as follows: 

Authority: 46 U.S.C. 3306, 3703, 4302; 

E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., 

p. 277; DHS Delegation 00170.1, Revision No. 

01.4. 

■ 91. Amend § 164.009–9 by revising 

paragraph (a) to read as follows: 

§ 164.009–9 Procedure for approval. 

(a) An application for approval of a 

material under this subpart must be 

submitted to the Commandant (CG– 


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ENG) according to § 159.005–1 of this 

subchapter. 

* * * * * 

■ 92. Amend § 164.018–7 by revising 

paragraph (a) and in paragraph (b)(2), by 

removing the words ‘‘Two copies of 

plans’’ and adding in their place the 

word ‘‘Plans’’. 

The revision reads as follows: 

§ 164.018–7 Approval procedures. 

(a) An application for approval of 

retroreflective material must be 

submitted to the Commandant (CG– 

ENG) according to § 159.005–1 of this 

subchapter. 

* * * * * 

§ 164.106–3 [Amended] 

■ 93. Amend § 164.106–3 by removing 

the text ‘‘Part 6’’ and adding in its place 

the text ‘‘Part 5’’ in paragraph (a). 

Subpart 164.120—[Removed and 

Reserved] 

■ 94. Remove and reserve subpart 

164.120, consisting of §§ 164.120–1 

through 164.120–15. 

§ 164.137–2 [Amended] 

■ 95. Amend § 164.137–2 by removing 

and reserving paragraph (b)(2). 

■ 96. Amend § 164.137–3 by revising 

paragraph (a) to read as follows: 

§ 164.137–3 Testing, marking, and 

inspection requirements. 

(a) Windows submitted for type 

approval must be tested for fire 

resistance under Annex 1, Part 3 of the 

FTP Code (incorporated by reference, 

see § 164.137–2). Windows must also 

meet the thermal radiation test 

supplement to fire resistance, and hose 

stream test supplement, as outlined in 

Appendix 1 of Part 3 of the FTP Code. 

* * * * * 

■ 97. Revise § 164.138–2 to read as 

follows: 

§ 164.138–2 Incorporation by reference. 

Certain material is incorporated by 

reference into this subpart with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved incorporation 

by reference (IBR) material is available 

for inspection at the Coast Guard and at 

the National Archives and Records 

Administration (NARA). Contact Coast 

Guard at: Commandant (CG–ENG–4), 

U.S. Coast Guard Stop 7509, 2703 

Martin Luther King Jr. Avenue SE, 

Washington, DC 20593–7509; email 

typeapproval@uscg.mil or visit 

www.dco.uscg.mil/CG-ENG-4/. For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. The material 

may be obtained from the International 

Maritime Organization (IMO) 

Publishing, 4 Albert Embankment, 

London SE1 7SR, United Kingdom, +44 

(0)20 7735 7611, www.imo.org. 

(a) 2010 FTP, International Code for 

Application of Fire Test Procedures, 

2010 (Resolution MSC.307(88)), 2012 

Edition (‘‘FTP Code’’); IBR approved for 

§ 164.138–3(a). 

(b) [Reserved] 

■ 98. Amend § 164.138–3 by revising 

paragraph (a) to read as follows: 

§ 164.138–3 Testing, marking, and 

inspection requirements. 

(a) Fire stops (penetration seals) 

submitted for type approval must be 

tested for fire resistance under Annex 1, 

Part 3 of the FTP Code (incorporated by 

reference, see § 164.138–2), including 

testing in accordance with Part 3, 

Appendix 3 and Appendix 4. 

* * * * * 

■ 99. Revise § 164.139–2 to read as 

follows: 

§ 164.139–2 Incorporation by reference. 

Certain material is incorporated by 

reference into this subpart with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved incorporation 

by reference (IBR) material is available 

for inspection at the Coast Guard and at 

the National Archives and Records 

Administration (NARA). Contact Coast 

Guard at: Commandant (CG–ENG–4), 

U.S. Coast Guard Stop 7509, 2703 

Martin Luther King Jr. Avenue SE, 

Washington, DC 20593–7509; email 

typeapproval@uscg.mil or visit 

www.dco.uscg.mil/CG-ENG-4/. For 

information on the availability of this 

material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. The material 

may be obtained from International 

Maritime Organization (IMO) 

Publishing, 4 Albert Embankment, 

London SE1 7SR, United Kingdom, +44 

(0)20 7735 7611, www.imo.org. 

(a) 2010 FTP Code, International Code 

for the Application of Fire Test 

Procedures, 2010 (Resolution 

MSC.307(88)), 2012 Edition (‘‘FTP 

Code’’); IBR approved for § 164.139– 

3(a). 

(b) [Reserved] 

■ 100. Amend § 164.139–3 by revising 

paragraph (a) to read as follows: 

§ 164.139–3 Testing, marking, and 

inspection requirements. 

(a) Automatic fire dampers that are 

installed in A-class divisions that are 

submitted for type approval must be 

tested for fire resistance under Annex 1, 

Part 3 of the FTP Code (incorporated by 

reference, see § 164.139–2), including 

testing in accordance with Appendix 2. 

* * * * * 

PART 167—PUBLIC NAUTICAL 

SCHOOL SHIPS 

■ 101. The authority citation for part 

167 is revised to read as follows: 

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

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

Comp., p. 277; DHS Delegation 00170.1, 

Revision No. 01.4. 

■ 102. Revise and republish § 167.45–40 

to read as follows: 

§ 167.45–40 Fire-fighting equipment on 

nautical school ships using oil as fuel. 

Steam-propelled nautical school ships 

burning oil for fuel shall be fitted with 

the fire-fighting equipment of the 

following type and quantity: 

(a) In each boiler room and in each of 

the machinery spaces of a nautical 

school ship propelled by steam, in 

which a part of the fuel-oil installation 

is situated, two or more approved 40– 

B fire extinguishers must be placed 

where accessible and ready for 

immediate use. On a nautical school 

ship of 1,000 gross tons and under, only 

one is required. 

(b) In boiler and machinery spaces, at 

least two fire hydrants must have a 

firehose of a length that allows each part 

of the boiler and machinery spaces to be 

reached by water from a combination 

solid stream and water spray firehose 

nozzle. 

(c) Each firehose under paragraph (b) 

of this section must have a combination 

solid stream and water spray firehose 

nozzle that meets subpart 162.027 of 

this chapter. Combination nozzles and 

low-velocity water spray applicators 

previously approved under subpart 

162.027 of this chapter may remain so 

long as they are maintained in good 

condition to the satisfaction of the 

Officer in Charge, Marine Inspection. 

(d) On every steam propelled nautical 

school ship of over 1,000 gross tons 

having one boiler room there shall be 

provided one 160–B fire extinguisher. If 

the nautical school ship has more than 

one boiler room, an extinguisher of the 

above type shall be provided in each 

boiler room. On every steam-propelled 

nautical school ship of 1,000 gross tons 

and under, a 120–B fire extinguisher 

may be used. Extinguishers fitted shall 

be equipped with suitable hose and 


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nozzles on reels or other practicable 

means for easy access, and of sufficient 

length to reach any part of the boiler 

room and spaces containing oil-fuel 

pumping units. 

(e) All nautical school ships propelled 

by internal-combustion engines shall be 

equipped with the following fire 

extinguishers in the machinery spaces: 

(1) One 120–B fire extinguisher. 

(2) One 40–B extinguisher for each 

1,000 BHP of the main engines, or 

fraction thereof. The total number of fire 

extinguishers carried shall not be less 

than two and not more than six. 

(3) When a donkey boiler fitted to 

burn oil as fuel is located in the 

machinery space, there shall be a 160– 

B fire extinguisher installed instead of 

the 120–B fire extinguisher. 

(f) In this section, any reference to a 

fire extinguisher means approved by the 

Coast Guard. 

§ 167.45–60 [Amended] 

■ 103. Amend § 167.45–60 by removing 

the text ‘‘the Mine Safety and Health 

Administration (MSHA) and by’’ in 

paragraph (a). 

■ 104. Revise § 167.45–65 to read as 

follows: 

§ 167.45–65 Portable fire extinguishers in 

accommodation spaces. 

All nautical school ships shall be 

provided with such number of good and 

efficient portable fire extinguishers 

approved by the Coast Guard as follows: 

(a) Nautical school ships less than 150 

feet in length shall have at least two 2– 

A fire extinguishers on each passenger 

deck. 

(b) Nautical school ships 150 feet and 

over in length shall be provided with at 

least one 2–A fire extinguisher for every 

150 linear feet of corridor length or 

fraction thereof in the spaces occupied 

by passengers and crew. 

(c) In all public spaces fire 

extinguishers shall be located not more 

than 150 feet apart. 

■ 105. Revise § 167.45–70 to read as 

follows: 

§ 167.45–70 Portable fire extinguishers, 

general requirements. 

(a) Fire extinguishers shall be located 

in such places as in the judgment of the 

Officer in Charge, Marine Inspection, 

will be most convenient and serviceable 

in case of emergency and so arranged 

that they may be easily removed from 

their fastenings. 

(b) Every fire extinguisher provided 

shall be examined at each annual 

inspection to determine that it is still in 

good condition. Soda-and-acid and foam 

fire extinguishers shall be tested by 

discharging the contents, cleaning 

thoroughly, and then refilling. Carbon 

dioxide fire extinguishers shall be 

checked by weighing to determine 

contents and if found to be more than 

10 percent under required contents of 

carbon dioxide shall be recharged. 

Pump tank fire extinguishers shall be 

tested by pumping and discharging the 

contents, cleaning thoroughly, and then 

refilling or recharging. Cartridgeoperated type fire extinguishers shall be 

checked by examining the extinguishing 

agents to determine if it is still in good 

condition and by examining the 

pressure cartridge. If the cartridge end is 

punctured, or if the cartridge is 

otherwise determined to have leaked or 

to be in an unsuitable condition, the 

pressure cartridge shall be rejected and 

a new one inserted. Stored pressure type 

extinguishers shall be checked by 

determining that the pressure gauge is 

in the operating range, and the full 

charge of extinguishing agent is in the 

chamber. The hoses and nozzles of all 

fire extinguishers shall be inspected to 

see that they are clear and in good 

condition. 

(c) In addition to the required 

extinguishers in this part, each vessel 

must carry no less than 10 percent spare 

extinguishers or charges for each size 

and variety of fire extinguisher, with a 

minimum of one for each size and 

variety of extinguisher. 

■ 106. Add § 167.45–71 to read as 

follows: 

§ 167.45–71 Exemptions to the 

requirements of portable fire extinguishers 

required for vessels constructed before 

August 22, 2016. 

Vessels contracted for before August 

22, 2016, must meet the following 

requirements: 

(a) Previously installed portable and 

semi-portable fire extinguishers with 

extinguishing capacities smaller than 

what is required in this part need not be 

replaced and may be continued in 

service so long as they are maintained 

in good condition to the satisfaction of 

the Officer in Charge, Marine 

Inspection. 

(b) All new equipment and 

installations must meet the applicable 

requirements in this part for new 

vessels. 

§ 167.45–75 [Amended] 

■ 107. Amend § 167.45–75 by removing 

the words ‘‘or the Navy’’ after the words 

‘‘approved by the Coast Guard’’. 

PART 169—SAILING SCHOOL 

VESSELS 

■ 108. The authority citation for part 

169 is revised to read as follows: 

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

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

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

Comp., p. 793; DHS Delegation 00170.1, 

Revision No. 01.4; § 169.117 also issued 

under the authority of 44 U.S.C. 3507. 

■ 109. Amend § 169.567: 

■ a. In paragraph (a) introductory text, 

by removing the text ‘‘Table 169.567(a) 

of this section’’ and adding in its place 

the text ‘‘table 1 to § 169.567(a)’’; 

■ b. Redesignating the table 169.567(a) 

as table 1 to § 169.567(a); 

■ c. Revising and republishing table 1 to 

§ 169.567(a); and 

■ d. In paragraph (b), by removing the 

text ‘‘Table 169.567(a) of this section’’ 

and adding in its place the text ‘‘Table 

1 to § 169.567(a)’’. 

The revision reads as follows: 

§ 169.567 Portable fire extinguishers. 

(a) * * * 

TABLE 1 TO § 169.567(a)—REQUIRED PORTABLE FIRE EXTINGUISHERS

Space 

Portable fire extinguishers 

Minimum 

required 

rating 

Quantity and location 

Propulsion machinery space without fixed extinguishing system .......... 40–B:C ........... 2. 

Propulsion machinery space with fixed extinguishing system ............... 40–B:C ........... 1 in the vicinity of the exit. 

Living space and open boats ................................................................. 2–A ................ 1 per 1,000 cubic foot of space. 

Galley (without fixed system) ................................................................. 40–B:C ........... 1 per 500 cubic foot. 

Spare Units ............................................................................................. 2–A ................ 10 percent of the required number rounded up. 

40–B:C ........... 10 percent of the required number rounded up. 


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* * * * * 

■ 110. Add § 169.568 to read as follows: 

§ 169.568 Exemptions to the requirements 

of portable fire extinguishers required for 

vessels constructed before August 22, 

2016. 

Vessels contracted for before August 

22, 2016, must meet the following 

requirements: 

(a) Previously installed portable and 

semi-portable fire extinguishers with 

extinguishing capacities smaller than 

what is required in this subpart need 

not be replaced and may be continued 

in service so long as they are maintained 

in good condition to the satisfaction of 

the Officer in Charge, Marine 

Inspection. 

(b) All new equipment and 

installations must meet the applicable 

requirements in this part for new 

vessels. 

■ 111. Amend § 169.717 by revising 

paragraph (a)(1) to read as follows: 

§ 169.717 Fireman’s outfit. 

* * * * * 

(a) * * * 

(1) One pressure-demand, opencircuit, self-contained breathing 

apparatus, approved by the National 

Institute for Occupational Safety and 

Health (NIOSH) and having at a 

minimum a 30-minute air supply and a 

full facepiece; but a self-contained 

compressed-air breathing apparatus 

previously approved under part 60, 

subpart 160.011, of this chapter may 

continue in use as required equipment 

if it was part of the vessel’s equipment 

on November 23, 1992, and as long as 

it is maintained in good condition to the 

satisfaction of the Officer in Charge, 

Marine Inspection; 

* * * * * 

PART 181—FIRE PROTECTION 

EQUIPMENT 

■ 112. The authority citation for part 

181 is revised to read as follows: 

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

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

277; DHS Delegation 00170.1, Revision No. 

01.4. 

■ 113. Amend § 181.500: 

■ a. In paragraph (a), by removing the 

text ‘‘Table 181.500(b)’’ and adding in 

its place the text ‘‘table 1 to 

§ 181.500(b)’’; 

■ b. In paragraph (b), by removing the 

text ‘‘Table 181.500(b) of this section’’ 

and adding in its place the text ‘‘Table 

1 to § 181.500(b)’’; 

■ c. By redesignating the table 

181.500(b) as table 1 to § 181.500(b); and 

■ d. By revising and republishing table 

1 to § 181.500(b). 

The revision and republication read 

as follows: 

§ 181.500 Required number, type, and 

location. 

* * * * * 

(b) * * * 

TABLE 1 TO § 181.500(b)—REQUIRED PORTABLE FIRE EXTINGUISHERS

Space 

Portable fire extinguishers 

Minimum 

required 

rating 

Quantity and location 

Operating Station ...................................... 10–B:C ........... 1. 

Machinery Space ....................................... 40–B:C ........... 1 in the vicinity of the exit. 

Open Vehicle Deck .................................... 40–B .............. 1 for every 10 vehicles. 

Accommodation Space .............................. 2–A ................ 1 each for each 2,500 square feet (232.3 square meters) or fraction thereof. 

Galley ........................................................ 40–B:C ........... 1. 

Pantry, concession stand .......................... 2–A ................ 1 in the vicinity of the exit. 

* * * * * 

PART 195—VESSEL CONTROL AND 

MISCELLANEOUS SYSTEMS AND 

EQUIPMENT 

■ 114. The authority citation for part 

195 is revised to read as follows: 

Authority: 46 U.S.C. 2113, 3306, 3307; 49 

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

3 CFR, 1980 Comp., p. 277; DHS Delegation 

00170.1, Revision No. 01.4. 

§ 195.40–1 [Amended] 

■ 115. Amend § 195.40–1 by removing 

paragraph (h). 

PART 199—LIFESAVING SYSTEMS 

FOR CERTAIN INSPECTED VESSELS 

■ 116. The authority citation for part 

199 is revised to read as follows: 

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

103–206, 107 Stat. 2439; DHS Delegation 

00170.1, Revision No. 01.4. 

■ 117. Amend § 199.190 by revising 

paragraph (j) to read as follows: 

§ 199.190 Operational readiness, 

maintenance, and inspection of lifesaving 

equipment. 

* * * * * 

(j) Maintenance of falls. Each fall used 

in a launching appliance must— 

(1) Be inspected annually with special 

regard for areas passing though sheaves; 

and 

(2) Be renewed when necessary due to 

deterioration or at intervals of not more 

than 5 years, whichever is earlier. 

* * * * * 

Dated: September 5, 2024. 

W.R. Arguin, 

Rear Admiral, U.S. Coast Guard, Assistant 

Commandant for Prevention Policy. 

[FR Doc. 2024–20380 Filed 9–17–24; 8:45 am] 

BILLING CODE 9110–04–P 


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