[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76676-76707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20380]



[[Page 76675]]

Vol. 89

Wednesday,

No. 181

September 18, 2024

Part III





Department of Homeland Security





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Coast Guard





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33 CFR Part 149

46 CFR Parts 2, 31, 32, et al.





Marine Equipment on Board Vessels and Offshore Units or Facilities; 
Final Rule

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

[[Page 76676]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 149

46 CFR Parts 2, 31, 32, 34, 35, 39, 56, 76, 77, 95, 96, 105, 107, 
108, 109, 115, 116, 118, 132, 147, 159, 160, 161, 162, 163, 164, 
167, 169, 181, 195, and 199

[Docket No. USCG-2020-0519]
RIN 1625-AC76


Marine Equipment on Board Vessels and Offshore Units or 
Facilities

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising regulations associated with the 
approval, carriage, and maintenance of certain safety equipment 
required on board vessels and offshore units or facilities. We are 
taking this action to align these regulations with current industry 
practice and provide more transparent regulations for the regulated 
industry. These revisions eliminate outdated requirements, reduce 
inspection and testing requirements, and update standards incorporated 
by reference. Additionally, these revisions remove obsolete sections 
and align conflicting sections with the International Convention for 
the Safety of Life at Sea.

DATES: This final rule is effective October 18, 2024.
    The incorporation by reference of certain publications listed in 
the rule is approved by the Director of the Federal Register beginning 
October 18, 2024. The incorporation by reference of certain other 
publications listed in the rule was approved by the Director of the 
Federal Register as of August 22, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0519 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or email Lieutenant Jeff Bors, Lifesaving and Fire Safety Division 
(CG-ENG-4), U.S. Coast Guard; telephone 571-610-2849, email 
<a href="/cdn-cgi/l/email-protection#571d32313125322e790479153825241722243430793a3e3b"><span class="__cf_email__" data-cfemail="763c13101004130f582558341904053603051511581b1f1a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis, Purpose, and Regulatory History
III. Background
IV. Discussion of Comments
V. Discussion of the Final Rule and Changes From NPRM
VI. Incorporation by Reference
VII. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

ASTM ASTM International
CFR Code of Federal Regulations
CG-ENG Coast Guard Office of Design and Engineering Standards
COMDTINST Commandant Instruction
COSPAS Space System for the Search of Vessels in Distress
DHS Department of Homeland Security
EPIRB Emergency Position Indicating Radio Beacon
FCC Federal Communications Commission
FR Federal Register
FTP Code Fire Test Procedures Code
IBR Incorporation by reference
IMO International Maritime Organization
ISO International Organization for Standardization
LSA Life-Saving Appliances
MISLE Marine Information for Safety and Law Enforcement
MODU Mobile offshore drilling unit
MSC Maritime Safety Committee
MSHA Mine Safety and Health Administration
NIOSH National Institute for Occupational Safety and Health
NFPA National Fire Protection Association
NRTL Nationally Recognized Testing Laboratory
NPRM Notice of proposed rulemaking
NVIC Navigation and Vessel Inspection Circular
OCMI Officer in Charge, Marine Inspection
OCS Outer Continental Shelf
OMB Office of Management and Budget
PHS Public Health Service
RTCM Radio Technical Commission for Maritime Services
SARSAT Search and Rescue Satellite-Aided Tracking
SCBA Self-contained breathing apparatus
Sec.  Section
SME Subject matter expert
SOLAS International Convention for the Safety of Life at Sea
UL Underwriters Laboratories, Inc.
U.S.C. United States Code

II. Basis, Purpose, and Regulatory History

    The statutory authority for these regulations can be found in Title 
46 of the United States Code (U.S.C.), Sections 3306 and 3703. The 
authority to issue regulations, pursuant to these sections, is 
delegated to the Commandant of the Coast Guard under Department of 
Homeland Security (DHS) Delegation No. 00170.1, Revision No. 01.4, 
paragraph (II)(92).
    Under 46 U.S.C. 3306, the Secretary of DHS is required to prescribe 
necessary regulations to ensure safety of individuals and property on 
board vessels subject to inspection. This final rule ensures the proper 
design, construction, alteration, repair, and operation of vessels 
subject to inspection.
    Under 46 U.S.C. 3703, the Secretary of DHS is required to prescribe 
regulations for the design, construction, alteration, repair, 
maintenance, operation, equipping, personnel qualification, and manning 
of tank and cargo vessels that may be necessary for increased 
protection against hazards to life and property, navigation and vessel 
safety, and enhanced protection of the marine environment.
    The Coast Guard issued a notice of proposed rulemaking (NPRM) on 
May 23, 2023, and solicited public comment on the proposed rule during 
a comment period of 62 days.\1\ The comment period closed on July 24, 
2023. The Coast Guard received six comment submissions, which are 
discussed later in this document.
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    \1\ 88 FR 33026.
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    This final rule amends title 33 of the Code of Federal Regulations 
(CFR), chapter I, subchapters NN, and 46 CFR, chapter I, subchapters A, 
D, F, H, I, I-A, K, L, N, Q, R, T, U, and W. These subchapters are 
associated with approving, carrying, and maintaining certain safety 
equipment required on board vessels and offshore units or facilities. 
The revisions in this final rule eliminate outdated requirements, 
reduce inspection and testing requirements, modify submission 
requirements for equipment approval to allow materials to be submitted 
electronically, and update standards incorporated by reference. 
Additionally, this final rule removes numerous obsolete CFR sections 
and updates other CFR sections to bring them into compliance with the 
International Convention for the Safety of Life at Sea (SOLAS) and 
related regulations.

III. Background

    The Coast Guard conducted a comprehensive review of regulations 
regarding the approval, carriage, and maintenance of marine equipment 
on U.S.-flagged vessels. The Coast Guard continues to review 
regulations with the following goals: updating references to

[[Page 76677]]

incorporated standards that have been modified; clarifying language; 
providing additional regulatory flexibility where possible; minimizing 
the regulatory burden on affected vessels; and removing obsolete rules 
to ensure marine equipment requirements are current with emerging 
technology and industry standards.

IV. Discussion of Comments

    In response to the NPRM published on May 23, 2023, we received six 
written submissions during the comment period. These written 
submissions are available in the public docket for this rulemaking, 
where indicated under ADDRESSES, or at the direct link: https://www.regulations.gov/docket/USCG-2020-0519/comments. The Coast Guard 
appreciates the comments from the public, as these insights continue to 
inform Coast Guard actions and programs. We summarize the comments and 
our responses in the paragraphs that follow.
    One commenter noted that the proposed changes to 46 CFR 116.400(c) 
would create an unintentional application of subchapter H's egress 
requirements found in Sec.  72.05-20 for all subchapter K vessels that 
use SOLAS Structural Fire Protection requirements as equivalent. The 
intent of the amendments to Sec.  116.400 was to clarify the egress 
requirements and not to impose additional egress requirements. All 
subchapter K vessels that use SOLAS Structural Fire Protection 
requirements as equivalent must comply with the egress requirements for 
stairtowers, stairways, ladders, and elevators in Sec.  116.438. In 
accordance with Sec.  116.438(a), those subchapter K vessels that carry 
more than 600 passengers or with overnight accommodations for more than 
49 passengers must meet the egress requirements in subchapter H for 
stairtowers, stairways, ladders, and elevators in Sec.  72.05-20. In 
response to this comment, in Sec.  116.400(c) we removed the direct 
reference to Sec.  72.05-20 from the proposed rule and added a 
reference to Sec.  116.438 in this final rule so as not to apply Sec.  
72.05-20 to all subchapter K vessels.
    A commenter noted the rulemaking's intent to ``align the 
regulations with the current industry practice and provide more 
transparent regulations for the regulated industry'' and suggested 
revising and updating the regulations for 46 CFR subchapter W. The 
commenter offered a number of suggestions to revise regulations for 
Emergency Position Indicating Radio Beacons (EPIRBs), distress signals, 
lifebuoys, survival craft, line throwing appliances, and provide 
clarity to the definitions of accommodation and workstation. The 
updates to subchapter W in this rule were specifically drafted to align 
davit maintenance intervals with SOLAS requirements, and not to update 
regulations in subchapter W in general. Therefore, this commenter's 
suggestions are outside the scope of this rulemaking. We cannot make 
those updates in this final rule; however, the Coast Guard acknowledges 
that the application of subchapter W to barges that are not self-
propelled is ambiguous and is working to address it. Additionally, as 
of July 2023, there is a newly published Change 2 to Navigation and 
Vessel Inspection Circular (NVIC) 02-81 \2\ that has exemptions for 
life-saving requirements on integrated and articulated tug and barge 
combinations.
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    \2\ U.S. Coast Guard NVIC 02-81 Ch-2, https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/1981/NVIC%2002-81%20Ch.2_CG%20%Inspec%20Guidance20Integrated%20and%20Articulated%20Tug%20&%20Barges.pdf, accessed January 23, 2024.
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    We received a comment regarding Coast Guard requirements for 
nonmetallic (plastic) piping used in various engineering systems for 
different types of vessels. The comment suggested that, because all 
nonmetallic piping used in the building industry essentially meets the 
same ASTM International (ASTM) D1784 standard requirements, piping that 
also meets this standard should be acceptable for use in vessel systems 
without more requirements from the Coast Guard. The intent of this rule 
on this particular subject is to remove redundant fire testing 
requirements for nonmetallic piping, specifically for vessels under 46 
CFR subchapter K. A proposal to newly incorporate an industry standard 
on this subject is beyond the scope of this rulemaking, as piping 
requirements vary between the regulations applicable to specific vessel 
types. We note that manufacturers and vessel designers may submit 
specific material test results for general approval by the Coast Guard, 
or acceptance to an equivalent level of safety to the CFR for a 
particular vessel or project. As a result, the Coast Guard made no 
changes from the proposed rule in response to this comment.
    We received a comment that concurred with the proposed edits to 46 
CFR 56.60-25(a)(4), but also recommended that Sec.  56.60-25(a)(7) be 
modified to include other laboratory accreditation bodies for potable 
water piping. Specifically, the comment recommended inclusion of 
accreditation entities signatory to the International Laboratory 
Accreditation Cooperation Mutual Recognition Arrangement. The Coast 
Guard's proposed change to remove repetitive wording was editorial in 
nature. As the commenter's recommended modification of acceptable 
accreditation entities is a substantial change that was not considered 
in the NPRM, we cannot make that change in this final rule; however, 
the recommendation may be considered for a future rulemaking.
    We also received a comment regarding the carpet requirements for 
vessels under subchapter K in 46 CFR 116.423. The comment stated that 
the rugs and carpets requirements in Sec.  116.423(a)(4) are applicable 
to all spaces, not just rooms containing fire resistant furnishings 
under Sec.  116.423(a) and suggests that the carpet requirements should 
be its own paragraph, not a subparagraph of Sec.  116.423(a). The Coast 
Guard acknowledges this comment. It is outside the scope of this 
rulemaking because this section was not part of the changes proposed in 
the NPRM. However, we will consider this revision for inclusion in a 
future rulemaking. For these reasons, we have made no changes from the 
proposed rule in response to this comment.
    We received one comment on the regulatory analysis (RA) related to 
the affected population for the lifeboats listed in table 2 of the 
NPRM. The commenter expressed concern that the table did not provide 
enough clarity to determine if floating Outer Continental Shelf (OCS) 
facilities were included. We did not include floating OCS facilities in 
our population of vessels carrying lifeboats because the proposed 
change is not applicable to floating OCS facilities. We made the 
recommended changes to reflect the affected population of vessels 
carrying lifeboats by subchapter, and we listed the affected population 
by inspection subchapter, for vessels carrying lifeboats, in table 7 of 
the RA in this final rule.

V. Discussion of the Final Rule and Changes From NPRM

    In order to decrease likelihood of introducing errors, to improve 
efficiency during the publication process, and to meet drafting and 
formatting requirements for publication, we are revising or revising 
and republishing several sections and tables, as appropriate. This 
final rule makes no substantive changes from the NPRM; it makes 
effective the following changes to various subchapters in titles 33 and 
46 of the CFR:
    (1) Modifies equipment approval submission requirements to allow 
for materials to be submitted electronically to <a href="/cdn-cgi/l/email-protection#5f2b262f3a3e2f2f2d30293e331f2a2c3c3871323633"><span class="__cf_email__" data-cfemail="bbcfc2cbdedacbcbc9d4cddad7fbcec8d8dc95d6d2d7">[email protected]</span></a>, 
instead of the

[[Page 76678]]

existing requirement of paper submissions in triplicate;
    (2) Removes obsolete regulations for pilot hoists that are no 
longer allowed on U.S.-flagged vessels;
    (3) Allows vessel owners and operators to use a third party to test 
the properties and quality of their firefighting foam;
    (4) Revises the requirements for pressure vacuum relief valves to 
align with international consensus standards;
    (5) Updates requirements for lifeboat and rescue boat releasing 
mechanisms on board mobile offshore drilling units (MODUs) to allow for 
lifeboats that serve as rescue boats to carry lifeboat releasing 
mechanisms. We note that this does not apply to OCS facilities as 
incorrectly stated in the NPRM;
    (6) Removes prescriptive design requirements for lifeboat, rescue 
boat, and liferaft winch limit switches and aligns requirements with 
the Life-Saving Appliances (LSA) Code;
    (7) Removes a redundant flame-spread testing requirement for 
nonmetallic piping used in certain vessels;
    (8) Revises the ``end-for-ending'' requirement for launching 
appliance falls (wire ropes) to align with SOLAS, which allows for a 
fall replacement interval of 5 years without end-for-ending;
    (9) Changes the interval for hydrostatic testing of all inert gas 
firefighting extinguishing system bottles to align with the hydrostatic 
testing intervals for carbon dioxide and Halon firefighting 
extinguishing systems. The interval will change from at least once 
every 5 or 10 years (depending on bottle size) to once every 12 years;
    (10) Removes the Mine Safety and Health Administration's (MSHA) 
approval requirement for self-contained breathing apparatuses (SCBAs) 
because MSHA no longer certifies this type of equipment for marine use;
    (11) Revises the standards of fire-resistant fiber-reinforced 
plastic resin used to manufacture survival craft and rescue boats to 
allow the use of additional international standards;
    (12) Removes the requirement for Coast Guard approval of EPIRBs and 
codifies the current policy in which the Coast Guard reviews test data, 
instruction manuals, drawings, and specifications of the EPIRB and 
issues a letter to the manufacturer stating whether the EPIRB satisfies 
all Radio Technical Commission for Maritime Services (RTCM) Recommended 
Standards. This aligns with the requirements as set out in 47 CFR 
80.1061;
    (13) Adds an option for the use of fire detection systems as excess 
equipment for MODUs and a grandfathering clause for fire extinguishers 
on board nautical school vessels;
    (14) Makes editorial changes to clarify language, correct 
typographical errors, and delete repetitive words;
    (15) Updates incorporations by reference (IBRs), removes outdated 
IBRs, and revises CFR citations to the correct IBRs;
    (16) Corrects errors in fire extinguisher quantities and ratings 
from a previous rulemaking; and
    (17) Clarifies structural fire protection requirements for means of 
egress on 46 CFR subchapter K vessels.
    Table 1 provides a list of the types of changes, summaries of the 
changes, and the subparts affected by this final rule. Further 
explanation for each of these categories can be found after the table.

                       Table 1--Summary of Changes and CFR Subparts and Sections Affected
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                                                                                    Affected CFR subparts and
    Equipment involved or  type of change                   Changes                          sections
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CFR References and Changes to IBRs...........  1. Deletes references to          46 CFR 115.810(b)(1), 46 CFR
                                                outdated IBRs and corrects        118.500(d), 46 CFR 160.171-3,
                                                improper IBRs in regulation       46 CFR 160.174-3, 46 CFR
                                                text. 2. Corrects improper CFR    161.002-18(a)(3), 46 CFR
                                                references.                       161.002-19(a)(3), 46 CFR
                                                                                  161.002-19(b)(3), 46 CFR
                                                                                  162.017-0, 46 CFR 164.106-
                                                                                  3(a), 46 CFR 164.137-2(b)(2),
                                                                                  46 CFR 164.137-3(a), 46 CFR
                                                                                  164.138-2(a), 46 CFR 164.138-
                                                                                  2(b)(2), 46 CFR 164.138-3(a),
                                                                                  46 CFR 164.139-2(a), 46 CFR
                                                                                  164.139-2(b)(2), 46 CFR
                                                                                  164.139-3(a).
Editorial....................................  1. Clarifies language. 2.         33 CFR 149.410, 46 CFR 56.60-
                                                Corrects typographical errors.    25(a)(4), 46 CFR 108.495, 46
                                                3. Deletes repetitive words and   CFR subpart 162.017, 46 CFR
                                                wording.                          181.500(b).
Electronic Submissions.......................  1. Adds option to submit          46 CFR 2.75-10(b), 46 CFR
                                                equipment approval materials      159.001-5, 46 CFR 160.115-
                                                electronically. 2. Removes        9(b), 46 CFR 160.115-13(g)(2),
                                                requirement for multiple copies   46 CFR 160.132-9(b), 46 CFR
                                                of submissions for equipment      160.132-13(g)(2), 46 CFR
                                                approval, if submitted            160.133-9(b), 46 CFR 160.133-
                                                electronically.                   13(g)(2), 46 CFR 160.135-9(b),
                                                                                  46 CFR 160.135-13(g)(2), 46
                                                                                  CFR 160.156-9(b), 46 CFR
                                                                                  160.156-13(g)(2), 46 CFR
                                                                                  160.170-9(b), 46 CFR 160.170-
                                                                                  13(g)(2), 46 CFR 161.002-
                                                                                  18(a), 46 CFR 161.002-
                                                                                  19(a)(2), 46 CFR 161.012-5(a),
                                                                                  46 CFR 161.012-5(b)(2), 46 CFR
                                                                                  161.013-11(c)(1), 46 CFR
                                                                                  161.013-17, 46 CFR 162.050-
                                                                                  15(a), 46 CFR 162.060-40(b),
                                                                                  46 CFR 164.009-9(a), 46 CFR
                                                                                  164.018-7(a), 46 CFR 164.018-
                                                                                  7(b)(2).
End-for-Ending Launching Appliance Falls.....  1. Removes requirement for ``end- 46 CFR 109.301(j), 46 CFR
                                                for-ending'' for launching        199.190(j)
                                                appliance falls, to align with
                                                SOLAS. 2. Revises interval for
                                                launching appliance falls
                                                replacement to 5 years.
EPIRB........................................  Aligns Coast Guard acceptance of  46 CFR 161.011-1, 46 CFR
                                                EPIRBs in 46 CFR with Federal     161.011-5, 46 CFR 161.011-10.
                                                Communications Commission (FCC)
                                                requirements in 47 CFR and
                                                standards established by the
                                                Space System for the Search of
                                                Vessels in Distress (COSPAS),
                                                Search and Rescue Satellite-
                                                Aided Tracking (SARSAT), and
                                                RTCM.

[[Page 76679]]

 
Equipment Deletion...........................  Deletes pilot hoist approval      46 CFR 32.90-1(h), 46 CFR 77.40-
                                                series, Sec.   163.002 and        1(h), 46 CFR 96.40-1(h), 46
                                                associated references in          CFR 108.719(h), 46 CFR subpart
                                                various subchapters.              163.002, 46 CFR 195.40-1(h).
Fire Protection and Other Conforming           1. Corrects fire extinguisher     46 CFR 34.10-90(a)(3), 46 CFR
 Amendments.                                    ratings. 2. Clarifies fire        34.50-10(a), 46 CFR 76.50-
                                                extinguisher quantities. 3.       10(a), 46 CFR 95.50-10(a), 46
                                                Adds option to allow use of       CFR 105.14(a), 46 CFR 108.103,
                                                nationally recognized testing     46 CFR 108.489(a)(3), 46 CFR
                                                laboratory (NRTL) listed and      118.500(c), 46 CFR 167.45-40,
                                                labeled fire detection systems    46 CFR 167.45-65, 46 CFR
                                                as excess equipment for MODUs.    167.45-70, 46 CFR 167.45-71,
                                                4. Adds grandfathering            46 CFR 167.45-75, 46 CFR
                                                provision for fire                169.567(a), 46 CFR 169.568.
                                                extinguishers for public
                                                nautical school ships and
                                                sailing school ships.
Foam Testing.................................  1. Adds option for third-party    46 CFR 31.10-18(c), 46 CFR
                                                testing for foam concentrates.    107.235(b)(4).
                                                2. Aligns testing processes
                                                with requirements in SOLAS and
                                                Coast Guard Office of Design
                                                and Engineering Standards (CG-
                                                ENG) Policy Letter 01-20, Third
                                                Party Foam Concentrate Analysis.
Hydrostatic Testing for Inert Gas Cylinders..  Revises hydrostatic testing       46 CFR 147.66(a), 46 CFR
                                                requirements for inert gas        147.66(c).
                                                bottles to every 12 years.
MODU Lifesaving Appliance Release Mechanism..  1. Adds an option in 46 CFR       46 CFR 108.570(c)(3).
                                                subchapter I-A to allow
                                                lifeboats also serving as
                                                rescue boats to have lifeboat
                                                release mechanisms instead of
                                                rescue boat release mechanisms.
                                                2. Aligns this regulation with
                                                a similar regulation in 46 CFR
                                                subchapter W.
Nonmetallic Piping...........................  Removes redundant fire testing    46 CFR 116.405(f).
                                                requirements for nonmetallic
                                                piping in 46 CFR subchapter K.
Pressure-Vacuum Relief Valves................  1. Revises requirements for       46 CFR 39.1005, 46 CFR
                                                approving pressure-vacuum         39.2011(b)(1), 46 CFR 162.017-
                                                relief valves. 2. Updates IBR     1, 46 CFR 162.017-2, 46 CFR
                                                edition.                          162.017-3(n), 46 CFR 162.017-
                                                                                  3(r), 46 CFR 162.017-6.
Resins for Lifeboats and Rescue Boats........  Removes approval series for fire- 46 CFR 160.135-5(d), 46 CFR
                                                retardant resins and              160.135-7(b)(3)(iv)(A), 46 CFR
                                                incorporates approval of these    160.156-5(d), 46 CFR 160.156-
                                                resins into approvals for         7(b)(3)(iv)(A), 46 CFR subpart
                                                lifeboats and rescue boats.       164.120.
Self-Contained Breathing Apparatus...........  Removes obsolete requirement for  46 CFR 35.30-20(c)(1), 46 CFR
                                                MSHA approval for SCBAs.          77.35-5(b), 46 CFR 96.35-5(b),
                                                                                  46 CFR 108.497(a), 46 CFR
                                                                                  132.365(b)(1), 46 CFR 167.45-
                                                                                  60(a), 46 CFR 169.717(a)(1).
Stairwell Structural Fire Protection and       Clarifies the stairwell           46 CFR 116.400(c).
 Means of Egress.                               structural fire protection and
                                                means of egress requirements
                                                for 46 CFR subchapter K vessels.
Winches and Davits...........................  1. Removes prescriptive design    46 CFR 160.115-7(b)(6)(vi).
                                                requirements for winch and
                                                davit safety devices under the
                                                LSA Code. 2. Aligns the safety
                                                device requirement with the LSA
                                                Code.
----------------------------------------------------------------------------------------------------------------

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 <a href="/cdn-cgi/l/email-protection#2155585144405151534e57404d61545242460f4c484d"><span class="__cf_email__" data-cfemail="97e3eee7f2f6e7e7e5f8e1f6fbd7e2e4f4f0b9fafefb">[email protected]</span></a>. When plans are submitted 
electronically, they can be stamped electronically and filed or 
distributed, as described above, without the need for printing or 
duplication. According to internal mail tracking data, in the last 5 
years, 99.2 percent of all submissions related to applications for 
equipment approval were submitted electronically.
    This final rule modifies the submission requirements for equipment 
approval to codify the use of electronic submissions. The CFR sections 
listed in table 1 have been updated to include optional electronic 
submissions and remove requirements to submit multiple copies of plans 
or test reports. If a manufacturer desires a stamped hard copy of 
plans, the hard copy plans can be submitted in triplicate, or 
accompanied by electronic plans, so that the copies can be filed or 
distributed as described above.

End-for-Ending Launching Appliance Falls

    Currently, 46 CFR 109.301(j) and 199.190(j) require that falls for 
launching appliances be replaced when necessary due to deterioration or 
at least every 5 years, whichever is earlier. Additionally, the falls 
must be turned end-for-end not more than 30 months after installation 
(the phrase, ``turned end-for-end'' means rotating the wire ropes so 
the ropes wear evenly). These regulations allow an alternative to the 
end-for-ending requirements; however,

[[Page 76680]]

in that case, the falls must be replaced at least every 4 years. This 
final rule removes the ``end-for-ending'' requirement for these 
launching appliance falls and requires falls to be replaced at least 
every 5 years to align with SOLAS Chapter III, which allows for a fall 
replacement interval of 5 years without end-for-ending. This final rule 
keeps the requirement to replace falls when they show signs of 
deterioration. It has been Coast Guard policy per Commandant 
Instruction (COMDTINST) M16000.7B, USCG Marine Safety Manual Vol. II B1 
P.3.a(1)(c),\3\ that falls may be replaced in 5-year intervals if they 
are serviced in accordance with SOLAS Chapter III, Regulation 20.4.
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    \3\ U.S. Coast Guard, Marine Safety Manual Volume II: Materiel 
Inspection, ``CH-2 to Marine Safety Manual Volume II, COMDTINST 
M16000.7B,'' https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CSNCOE/USCG%20Marine%20Safety%20Manual%20Volume%20II%20-%20Material%20Inspection.pdf, accessed January 23, 2024.
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EPIRB

    Section 161.011-10 of title 46 of the CFR requires Coast Guard 
approval of EPIRBs. However, the FCC in its ``Maritime Communications'' 
final rule (68 FR 46957, 46974, Aug. 7, 2003), changed the approval 
process for EPIRBs in 47 CFR 80.1061. This update, which is still in 
effect, requires FCC approval for EPIRBs, but requires the Coast Guard 
to accept EPIRBs compliant with COSPAS, SARSAT, and RTCM standards 
before the FCC begins its review. Currently, the Coast Guard issues a 
letter stating compliance with these standards and does not issue 
approvals for EPIRBs. This final rule removes the requirement for Coast 
Guard approval of EPIRBs and aligns the Coast Guard's responsibility in 
46 CFR 161.011-10 with the process in 47 CFR 80.1061.

Deletion of References to Outdated Equipment

    This final rule deletes references to pilot hoists as approved 
equipment in 46 CFR subpart 163.002 by removing this subpart from the 
CFR. In 2010, an International Maritime Organization (IMO) Resolution 
of the Maritime Safety Committee (MSC), Resolution MSC.308(88),\4\ 
banned the use of pilot hoists on SOLAS vessels and updated SOLAS 
Chapter V requirements accordingly. Further, pilots in the United 
States do not use pilot hoists to embark a vessel. There are currently 
no Coast Guard-approved pilot hoists, and there has not been a Coast 
Guard-approved pilot hoist since 2000. This final rule also removes 
references to pilot hoists in 46 CFR subchapters D, H, I, I-A, and U.
---------------------------------------------------------------------------

    \4\ Resolution MSC.308(88), ``Amendments to the International 
Convention for the Safety of Life at Sea, 1974, as amended,'' 
adopted December 3, 2010, https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/MSCResolutions/MSC.308(88).pdf, accessed January 23, 2024.
---------------------------------------------------------------------------

Fire Protection and Other Conforming Amendments

    NVIC 7-80, Use of Fire Detection Systems Which are Not Approved 
Under 46 CFR 161.002,\5\ allows the use of non-approved fire detection 
systems as excess equipment on board vessels if the system is listed 
and labeled by a Nationally Recognized Testing Laboratory (NRTL). This 
final rule adds the allowance for a fire detection system listed and 
labeled by an NRTL to be used as excess equipment for 46 CFR subchapter 
I-A, aligned with the guidance set forth in NVIC 7-80.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \6\ The 2016 final rule applied the grandfathering clause for 
vessels identified in 33 CFR 145.15 and 149.410, and 46 CFR 25.30-
80, 34.50-80, 76.50-80, 95.50-80, 108.491(b), 132.250, and 193.50-
90.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \7\ U.S. Coast Guard, CG-ENG Policy Letter 01-20 Third Party 
Foam Concentrate Analysis, June 23, 2020, https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/Design%20and%20Engineering%20Standards/Life%20Saving%20and%20Fire%20Safety/Docs/CG-ENG%20PL%2001-20%20Foam%20Testing.pdf?ver=2020-07-09-142932-267, accessed January 
23, 2024.
---------------------------------------------------------------------------

Hydrostatic Testing for Inert Gas Cylinders

    This final rule changes the interval for hydrostatic testing of all 
inert gas fire extinguishing system bottles in 46 CFR 147.66 from at 
least once in every 5 or 10 years (depending on bottle size) to once in 
every 12 years. This change aligns the hydrostatic testing intervals 
for inert gas fire extinguishing system bottles with the intervals for 
carbon dioxide and halocarbon fire extinguishing system bottles in 46 
CFR 147.65 and 147.67, respectively. The Coast Guard is not aware of 
any data or studies that demonstrate the need for a shorter hydrostatic 
testing interval for inert gas extinguishing system bottles compared to 
carbon dioxide or halocarbon extinguishing system bottles. Further, 
this change reduces servicing costs for vessel owners or operators 
without increasing risk.

MODU Lifesaving Appliance Release Mechanism

    Per 46 CFR 108.570(c)(3), single fall lifeboats also serving as 
rescue boats on board MODUs are required to have an automatic release 
mechanism approved

[[Page 76681]]

under approval series 46 CFR subpart 160.170 rather than a lifeboat 
release mechanism (non-automatic). This final rule adds an option in 46 
CFR 108.570(c)(3) to allow single fall lifeboats also serving as rescue 
boats on board MODUs to have lifeboat release mechanisms (non-
automatic) or automatic release mechanisms. This allows owners and 
operators of MODUs the choice to select from a broader range of 
equipment options available to non-SOLAS lifeboat and rescue boat-
releasing mechanisms. This change aligns this regulation with a similar 
regulation in 46 CFR 199.160(d)(2). There is no reason to treat 
lifeboats that also serve as rescue boats on offshore units differently 
than those units installed on board ships.

Nonmetallic Piping

    Title 46 CFR 116.405(f) requires that nonmetallic (that is, 
plastic) piping in concealed spaces of small passenger vessels subject 
to 46 CFR subchapter K be tested under the ASTM E84 standard and meet 
required flame spread and smoke development ratings. However, plastic 
piping is already required to be approved by the Coast Guard under 46 
CFR subpart 164.141 to meet flame spread and smoke and toxicity 
requirements under the FTP code. Although the test apparatus and 
procedures differ, the same material properties are tested. Requiring 
two different testing standards is redundant and provides no additional 
benefits, adds confusion by preventing approved piping from being used, 
and increases the cost for pipe manufacturers and purchasers. 
Therefore, the Coast Guard is removing the requirement to test 
nonmetallic pipes under the ASTM E84 standard and to clarify that, if 
nonmetallic piping is used in concealed spaces, it must be approved 
under approval series 46 CFR 164.141.

Pressure-Vacuum Relief Valves

    Pressure-vacuum relief valves for tank vessels required in 46 CFR 
32.20-5 and 39.2011(b) must be Coast Guard-approved pursuant to 46 CFR 
subpart 162.017. Currently, in 46 CFR subpart 162.017, International 
Organization for Standardization (ISO) standard 15364 is incorporated 
by reference and is an alternative standard to the prescriptive 
requirements in 46 CFR subpart 162.017 for approval of pressure-vacuum 
relief valves (see 46 CFR 162.107-3(r)). This final rule amends 46 CFR 
39.2011(b) to allow ISO 15364 valves, or valves otherwise accepted by 
foreign-flag Administrations, as acceptable alternatives to the type-
approval requirements of 46 CFR subpart 162.017. This final rule aligns 
our regulations for pressure-vacuum relief valves with SOLAS 
requirements. This final rule also amends 46 CFR 162.017-3(g) to 
replace the words ``overhauling and repairs'' with ``maintenance,'' 46 
CFR 162.017-3(n) to correct an editorial error, and 46 CFR 162.017-6 to 
clarify the application process.

Resins for Lifeboats and Rescue Boats

    Manufacturers of fiber-reinforced plastic survival craft and rescue 
boats who seek Coast Guard equipment approval are required to use resin 
accepted in 46 CFR subpart 164.120. This final rule revises the 
regulations for survival craft and rescue boats (46 CFR subparts 
160.135 and 160.156) to incorporate by reference IMO MSC/Circular 1006, 
``Guidelines on Fire Test Procedures for Acceptance of Fire-Retardant 
Materials for the Construction of Lifeboats,'' \8\ an international 
standard for fire retardant resins that is already incorporated by 
reference in 46 CFR subpart 164.120. This final rule deletes 46 CFR 
subpart 164.120 and adds a review of fire-retardant resins in 46 CFR 
subparts 160.135 and 160.156. The Coast Guard will no longer maintain a 
list of accepted resins. Currently, there are 15 standards (4 ISO and 
11 ASTM) incorporated by reference in 46 CFR subpart 164.120 that are 
out of date. There is no indication that using the standards for resins 
specified in the regulations, instead of other standards, is necessary 
for safely constructing fiberglass-reinforced plastic survival craft 
and rescue boats.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

Self-Contained Breathing Apparatus

    All vessels regulated in 46 CFR subchapters D, K, I, I-A, L, R, and 
U are required to carry an SCBA as a part of a firefighting or 
emergency outfit. Currently, the regulations require these SCBAs to 
hold an MSHA approval. However, MSHA has not approved this equipment 
since 1995, when the Public Health Service (PHS) published the 
``Respiratory Protective Devices'' final rule (60 FR 30336, June 8, 
1995). This final rule deletes the obsolete requirement for SCBAs on 
inspected vessels to be approved by MSHA and aligns title 46 of the CFR 
with MSHA and PHS regulations.

Stairwell Structural Fire Protection and Means of Egress

    The ``Harmonization of Standards for Fire Protection, Detection, 
and Extinguishing Equipment'' rule (81 FR 48219), published on July 22, 
2016, added an option for inspected domestic vessels to meet either the 
structural fire protection requirements of SOLAS Chapter II-2, or the 
structural protection requirements found in the subchapter under which 
the vessel is inspected. The 2016 rule was intended to allow any U.S.-
flagged vessel to be built to the requirements in SOLAS Chapter II-2, 
even if it is not certificated to SOLAS, which allows greater 
flexibility in design. However, the Coast Guard believes the 2016 rule 
used ambiguous language regarding the means of egress requirements for 
46 CFR subchapter K vessels that used the SOLAS Chapter II-2 option for 
structural fire protection. This final rule adds language to clarify 
the means of egress requirements if subchapter K vessels use the SOLAS 
Chapter II-2 structural fire protection requirements for a design 
basis. This final rule also harmonizes stairways and ladders that meet 
SOLAS's structural and nonstructural fire protection requirements with 
U.S. design, structural, and nonstructural fire protection 
requirements.

Winches and Davits

    This final rule removes prescriptive design requirements of safety 
devices for lifeboat, rescue boat, and liferaft winches, and aligns the 
safety device requirement with the LSA Code. Currently, 46 CFR 160.115-
7(b)(6)(vi) requires that winches for survival craft or rescue boats 
have a limit switch on each davit arm to prevent damage to the 
launching equipment. However, requiring one limit switch for each davit 
arm is inconsistent with the IMO's LSA Code, which requires a safety 
device to prevent overstressing the falls, but does not prescribe that 
the device must be a limit switch. The Coast Guard is removing this 
prescriptive design requirement and aligning the safety device 
requirement with the LSA Code. This final rule allows launching 
appliance manufacturers to use different technologies to achieve the 
safety performance criteria of the LSA Code.

[[Page 76682]]

VI. Incorporation by Reference

    Material for IBR appears in 46 CFR 39.1005, 39.2011, 160.135-5, 
160.135-7, 160.156-5, 160.156-7, 160.171-3, 160.171-17, 160.174-3, 
160.174-17, 162.017-1, and 162.017-3. The standards are summarized in 
section VII. L. Technical Standards, of this preamble. For information 
about how to view this material, see the ADDRESSES section of this 
preamble. Copies of the material are reasonably available from the 
sources listed in Sec. Sec.  39.1005, 160.135-5, 160.156-5, 160.171-3, 
160.174-3, and 162.017-1. The following standards have already been 
approved for the locations where they appear in the amendatory text, 
and there will be no change to the incorporation by reference: SOLAS, 
Chapter II-2, National Fire Protection Association (NFPA) 2001, and the 
Fire Test Procedures (FTP) Code.

VII. Regulatory Analyses

    We developed this final rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes or Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review), as amended 
by Executive Order 14094 (Modernizing Regulatory Review), and 13563 
(Improving Regulation and Regulatory Review) direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    The Office of Management and Budget (OMB) has not designated this 
final rule a significant regulatory action under section 3(f) of 
Executive Order 12866, as amended by Executive Order 14094. This final 
rule will result in additional cost savings to industry with no 
reduction or change in safety benefits. Details on the estimated cost 
savings of this final rule can be found in the RA that follows.
    The Coast Guard received one public comment on the affected 
population in the RA for the proposed rule. The commenter stated that 
in the NPRM, the RA did not provide clarity on whether the population 
included floating OCS facilities. We excluded floating OCS facilities 
because the proposed change is not applicable to floating OCS 
facilities and we addressed the comment in the RA of this final rule by 
clarifying the population of vessels carrying lifeboats (see table 7). 
We discuss our response to this comment in section IV., Discussion of 
Comments, in the preamble of this final rule. We are incorporating the 
commenter's suggestions into the RA for this final rule in the section 
discussing end-for-ending launching appliance falls (see table 7).

                      Table 2--Summary of Changes to the RA From the NPRM to the Final Rule
----------------------------------------------------------------------------------------------------------------
                                                                                               Resulting change
          Description                    NPRM             Final rule       Reason for change         in RA
----------------------------------------------------------------------------------------------------------------
Affected population of U.S.-     The Coast Guard      In the final rule,  Based on public     The increase in
 flagged vessels.                 estimated that the   we revised this     comment, we         the affected
                                  proposed rule        estimate to 442     revised this        population of
                                  would affect 435     vessels.            estimate using a    vessels carrying
                                  vessels carrying                         new data pull.      lifeboats
                                  lifeboats.                                                   increases the
                                                                                               cost savings.
46 CFR 116.400(c)..............  The Coast Guard      In the final rule,  Based on public     No impact;
                                  intended to          we revised the      comment, we         clarification.
                                  clarify the          referenced          determined the
                                  stairwell            citation to         proposed text
                                  structural fire      eliminate           change
                                  protection and       unnecessary case-   unintentionally
                                  means of egress      by-case             required case-by-
                                  requirements for     evaluations for     case evaluation
                                  46 CFR subchapter    certain vessels.    for certain
                                  K vessels.                               vessels.
----------------------------------------------------------------------------------------------------------------

    The Coast Guard is revising the requirements in 33 CFR subchapter 
NN and 46 CFR subchapters A, D, F, H, I, I-A, K, L, N, Q, R, T, U, and 
W. These subchapters are associated with approving, carrying, and 
maintaining certain safety equipment required on board vessels, 
offshore units, deepwater ports, and recreational vessels. These 
revisions eliminate outdated requirements, update standards 
incorporated by reference, and reduce the frequency of inspection and 
testing requirements for foam fire extinguishing systems, inert gas 
cylinders, and lifeboat wire falls. Additionally, this final rule 
removes obsolete sections and aligns conflicting sections with codes 
associated with SOLAS. The quantified cost savings of this final rule 
is associated with three items: hydrostatic testing of inert gas 
bottles, testing firefighting foam concentrates for fixed-foam fire-
extinguishing systems, and replacing the fall wire ropes associated 
with lifeboats. Table 3 provides a summary of the impacts of this final 
rule.

              Table 3--Summary of Impacts of the Final Rule
------------------------------------------------------------------------
             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:
                                    <bullet> 132 carrying foam fire
                                     extinguishing systems,
                                    <bullet> 14 carrying inert gas
                                     bottles, and
                                    <bullet> 442 carrying lifeboats.
Costs.............................  There will be no costs to industry
                                     or the Federal Government because
                                     this final rule reduces burden and
                                     generates cost savings.
Benefits..........................  Provide flexibility by offering
                                     third-party testing options for
                                     certain safety equipment.
                                    Reduce confusion and administrative
                                     burdens by (1) removing obsolete
                                     regulations, IBRs, and outdated
                                     references; and (2) updating
                                     standards to align with SOLAS,
                                     related regulations, and current
                                     industry practice.

[[Page 76683]]

 
Cost savings (7% discount rate)*..  Cost savings to industry:
                                    10-year: $2,532,521.
                                    Annualized: $360,574.
------------------------------------------------------------------------
* Totals may not sum due to independent rounding.

Regulatory Changes of the Final Rule by CFR Subparts and Sections
    Table 4 presents regulatory changes with an assessment of the 
economic impact of the changes to titles 33 and 46 of the CFR. The 
table shows the category of each change, descriptions of the changes, 
affected CFR subparts and sections, and the economic impact (cost 
savings or no impact) from the changes.

                   Table 4--Regulatory Changes of the Final Rule by CFR Subparts and Sections
----------------------------------------------------------------------------------------------------------------
                                                                 Affected CFR subparts
Equipment involved or type of change           Changes                and sections           Economic impact
----------------------------------------------------------------------------------------------------------------
CFR References and Changes to IBRs..  1. Deletes references to  46 CFR 115.810(b)(1),    No impact; editorial.
                                       outdated IBRs and         46 CFR 118.500(d), 46
                                       corrects improper IBRs    CFR 160.171-3, 46 CFR
                                       in regulation text. 2.    160.174-3, 46 CFR
                                       Corrects improper CFR     161.002-18(a)(3), 46
                                       references.               CFR 161.002-19(a)(3),
                                                                 46 CFR 161.002-
                                                                 19(b)(3), 46 CFR
                                                                 162.017-0, 46 CFR
                                                                 164.106-3(a), 46 CFR
                                                                 164.137-2(b)(2), 46
                                                                 CFR 164.137-3(a), 46
                                                                 CFR 164.138-2(a), 46
                                                                 CFR 164.138-2(b)(2),
                                                                 46 CFR 164.138-3(a),
                                                                 46 CFR 164.139-2(a),
                                                                 46 CFR 164.139-
                                                                 2(b)(2), 46 CFR
                                                                 164.139-3(a).
Editorial...........................  1. Clarifies language.    33 CFR 149.410, 46 CFR   No impact; editorial.
                                       2. Corrects               56.60-25(a)(4), 46 CFR
                                       typographical errors.     108.495, 46 CFR
                                       3. Deletes repetitive     subpart 162.017, 46
                                       words and wording.        CFR 181.500(b).
Electronic Submissions..............  1. Adds option to submit  46 CFR 2.75-10(b), 46    No impact; aligns with
                                       equipment approval        CFR 159.001-5, 46 CFR    current industry
                                       materials                 160.115-9(b), 46 CFR     practice. Over the
                                       electronically. 2.        160.115-13(g)(2), 46     past 5 years, the
                                       Removes requirement for   CFR 160.132-9(b), 46     Coast Guard has
                                       multiple copies of        CFR 160.132-13(g)(2),    received 99.2 percent
                                       submissions for           46 CFR 160.133-9(b),     of the submissions
                                       equipment approval, if    46 CFR 160.133-          electronically. So,
                                       submitted                 13(g)(2), 46 CFR         this final rule
                                       electronically.           160.135-9(b), 46 CFR     codifies the use of
                                                                 160.135-13(g)(2), 46     electronic submission.
                                                                 CFR 160.156-9(b), 46
                                                                 CFR 160.156-13(g)(2),
                                                                 46 CFR 160.170-9(b),
                                                                 46 CFR 160.170-
                                                                 13(g)(2), 46 CFR
                                                                 161.002-18(a), 46 CFR
                                                                 161.002-19(a)(2), 46
                                                                 CFR 161.012-5(a), 46
                                                                 CFR 161.012-5(b)(2),
                                                                 46 CFR 161.013-
                                                                 11(c)(1), 46 CFR
                                                                 161.013-17, 46 CFR
                                                                 162.050-15(a), 46 CFR
                                                                 162.060-40(b), 46 CFR
                                                                 164.009-9(a), 46 CFR
                                                                 164.018-7(a), 46 CFR
                                                                 164.018-7(b)(2).
End-for-Ending Launching Appliance    1. Removes requirement    46 CFR 109.301(j), 46    Cost savings; reduces
 Falls.                                for ``end-for-ending''    CFR 199.190(j).          testing burdens by
                                       for launching appliance                            allowing owners and
                                       falls, to align with                               operators to replace
                                       SOLAS. 2. Revises                                  the falls every 5
                                       interval for launching                             years without the end-
                                       appliance falls                                    for-ending
                                       replacement to 5 years.                            requirement.
EPIRB...............................  Aligns Coast Guard        46 CFR 161.011-1, 46     No impact; aligns with,
                                       acceptance of EPIRBs in   CFR 161.011-5, 46 CFR    current industry
                                       46 CFR with Federal       161.011-10.              practice.
                                       Communications
                                       Commission (FCC)
                                       requirements in 47 CFR
                                       and standards
                                       established by the
                                       Space System for the
                                       Search of Vessels in
                                       Distress (COSPAS),
                                       Search and Rescue
                                       Satellite-Aided
                                       Tracking (SARSAT), and
                                       RTCM.
Equipment Deletion..................  Deletes pilot hoist       46 CFR 32.90-1(h), 46    No impact; aligns with
                                       approval series, Sec.     CFR 77.40-1(h), 46 CFR   current industry
                                       163.002, and associated   96.40-1(h), 46 CFR       practice.
                                       references in various     108.719(h), 46 CFR
                                       subchapters.              subpart 163.002, 46
                                                                 CFR 195.40-1(h).
Fire Protection and Other Conforming  1. Corrects fire          46 CFR 34.10-90(a)(3),   No impact; editorial
 Amendments.                           extinguisher ratings.     46 CFR 34.50-10(a), 46   and aligns with
                                       2. Clarifies fire         CFR 76.50-10(a), 46      current industry
                                       extinguisher              CFR 95.50-10(a), 46      practice.
                                       quantities. 3. Adds       CFR 105.14(a), 46 CFR
                                       option to allow use of    108.103, 46 CFR
                                       nationally recognized     108.489(a)(3), 46 CFR
                                       testing laboratory        118.500(c), 46 CFR
                                       (NRTL) listed and         167.45-40, 46 CFR
                                       labeled fire detection    167.45-65, 46 CFR
                                       systems as excess         167.45-70, 46 CFR
                                       equipment for MODUs. 4.   167.45-71, 46 CFR
                                       Adds grandfathering       167.45-75, 46 CFR
                                       provision for fire        169.567(a), 46 CFR
                                       extinguishers for         169.568.
                                       public nautical school
                                       ships and sailing
                                       school ships.

[[Page 76684]]

 
Foam Testing........................  1. Adds option for third- 46 CFR 31.10-18(c), 46   Cost savings; reduces
                                       party testing for foam    CFR 107.235(b)(4).       testing burdens via
                                       concentrates. 2. Aligns                            the use of other test
                                       testing processes with                             alternatives from the
                                       requirements in SOLAS                              third party.
                                       and Coast Guard Office
                                       of Design and
                                       Engineering Standards
                                       (CG-ENG) Policy Letter
                                       01-20, Third Party Foam
                                       Concentrate Analysis.
Hydrostatic Testing for Inert Gas     Revises hydrostatic       46 CFR 147.66(a), 46     Cost savings; changes
 Cylinders.                            testing requirements      CFR 147.66(c).           the interval for
                                       for inert gas bottles                              hydrostatic testing
                                       to every 12 years.                                 for all vessels with
                                                                                          inert gas bottles for
                                                                                          fire protection
                                                                                          systems from at least
                                                                                          once in every 5 years
                                                                                          for large bottles and
                                                                                          10 years for small
                                                                                          bottles to once in
                                                                                          every 12 years for all
                                                                                          bottle types.
MODU Lifesaving Appliance Release     1. Adds an option in 46   46 CFR 108.570(c)(3)...  No impact; editorial
 Mechanism.                            CFR subchapter I-A to                              and aligns with
                                       allow lifeboats also                               current industry
                                       serving as a rescue                                practice.
                                       boat to have lifeboat
                                       release mechanisms
                                       instead of rescue boat
                                       release mechanisms. 2.
                                       Aligns this regulation
                                       with a similar
                                       regulation in 46 CFR
                                       subchapter W.
Nonmetallic Piping..................  Removes redundant fire    46 CFR 116.405(f)......  No impact; editorial.
                                       testing requirements
                                       for nonmetallic piping
                                       in 46 CFR subchapter K.
Pressure-Vacuum Relief Valves.......  1. Revises requirements   46 CFR 39.1005, 46 CFR   No impact; editorial
                                       for approving pressure-   39.2011(b)(1), 46 CFR    and aligns with
                                       vacuum relief valves.     162.017-1, 46 CFR        current industry
                                       2. Updates IBR edition.   162.017-2, 46 CFR        practice.
                                                                 162.017-3(n), 46 CFR
                                                                 162.017-3(r), 46 CFR
                                                                 162.017-6.
Resins for Lifeboats and Rescue       Removes approval series   46 CFR 160.135-5(d), 46  No impact; editorial.
 Boats.                                for fire-retardant        CFR 160.135-
                                       resins and incorporates   7(b)(3)(iv)(A), 46 CFR
                                       approval of these         160.156-5(d), 46 CFR
                                       resins into approvals     160.156-7(b)(3)(iv)(A)
                                       for lifeboats and         , 46 CFR subpart
                                       rescue boats.             164.120.
Self-Contained Breathing Apparatus..  Removes obsolete          46 CFR 35.30-20(c)(1),   No impact; editorial.
                                       requirement for MSHA      46 CFR 77.35-5(b), 46
                                       approval for SCBAs.       CFR 96.35-5(b), 46 CFR
                                                                 108.497(a), 46 CFR
                                                                 132.365(b)(1), 46 CFR
                                                                 167.45-60(a), 46 CFR
                                                                 169.717(a)(1).
Stairwell Structural Fire Protection  Clarifies the stairwell   46 CFR 116.400(c)......  No impact; editorial.
 and Means of Egress.                  structural fire
                                       protection and means of
                                       egress requirements for
                                       46 CFR subchapter K
                                       vessels.
Winches and Davits..................  1. Removes prescriptive   46 CFR 160.115-          No impact; editorial.
                                       design requirements for   7(b)(6)(vi).
                                       winch and davit safety
                                       devices under the LSA
                                       Code. 2. Aligns the
                                       safety device
                                       requirement with the
                                       LSA Code.
----------------------------------------------------------------------------------------------------------------

Affected Population
    For this final rule, we obtained the affected population of vessels 
and the items they carry primarily from our Marine Information for 
Safety and Law Enforcement (MISLE) database and from supplemental 
information provided to us by subject matter experts (SMEs) in CG-ENG. 
The affected population is the total number of U.S.-flagged vessels 
carrying foam fire-extinguishing systems, lifeboat wire falls, and 
inert gas bottles for extinguishing fires. Based on MISLE database 
information from October 2023, and as noted in table 3, the total 
number of affected vessels is 588, made up of 132 vessels carrying foam 
fire-extinguishing systems, 14 vessels carrying inert gas bottles, and 
442 vessels carrying lifeboats. Vessels can be carrying more than one 
type of equipment at a time, so there is some overlap in the number of 
vessels that, for example, carry a foam fire-extinguishing system and 
also carry lifeboats. For the purposes of our cost analysis, however, 
we assume there is no overlap.
Cost Analysis
    This final rule imposes no cost on industry because it eliminates 
outdated requirements and reduces inspection and testing requirements 
on certain safety equipment required on board vessels and offshore 
units or facilities. As a result, this final rule generates cost 
savings to the industry. The cost savings are associated with reducing 
the maintenance intervals for hydrostatic testing of inert gas bottles 
and lifeboat wire falls and expanding testing parties for fixed-foam 
fire-extinguishing systems.
Regulatory Baseline
    To obtain the cost savings associated with this final rule, we 
first calculated the current costs to mariners for firefighting foam 
testing, hydrostatic testing of inert gas bottles, and lifeboat wire 
falls. Then, we compared the current and the final rule costs to obtain 
the cost savings. The baseline costs for these items are as follows:
Foam Testing
    Owners and operators of vessels that carry foam fire-extinguishing 
systems are required in 46 CFR 31.10-18(c) and 107.235(b)(4) to submit 
a representative sample of firefighting foam concentrate, if carried, 
to the manufacturer to test for specific properties such as gravity, 
pH, percentage of water dilution, and solid content. The testing is 
required before the inspection for certification and periodic 
inspection, which is twice in a 5-year period. From information 
obtained in MISLE and discussions with SMEs, there are a total of 132 
vessels carrying foam fire-extinguishing systems in our affected 
population, because each vessel carries 1 foam fire-extinguishing 
system on board.
    Based on information we obtained from a Coast Guard-approved third-
party company that tests foam fire-extinguishing systems, and from 
consultations with SMEs, the cost to

[[Page 76685]]

perform the test is about $150, which includes the cost for a vessel 
owner or operator to submit a foam sample to a manufacturer for 
testing. We estimate the total annual undiscounted cost for foam 
testing to be approximately $7,920. We calculate this by assuming that, 
in any given year, 40 percent (or 2 divided by 5 to represent the 
testing interval of 2 tests every 5 years) of the 132 foam systems 
require testing. We then multiply the result (132 x 0.40) by the cost 
per test ($150). Table 5 presents the baseline total undiscounted cost 
for fire extinguishing foam testing.

                                     Table 5--Baseline Cost for Foam Testing
----------------------------------------------------------------------------------------------------------------
                                                                Foam testing
                           Period                              population for    Cost per test     Total cost
                                                                 each period
                                                                           (A)             (B)   (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
1...........................................................      132 x (0.40)            $150            $7,920
2...........................................................      132 x (0.40)             150             7,920
3...........................................................      132 x (0.40)             150             7,920
4...........................................................      132 x (0.40)             150             7,920
5...........................................................      132 x (0.40)             150             7,920
6...........................................................      132 x (0.40)             150             7,920
7...........................................................      132 x (0.40)             150             7,920
8...........................................................      132 x (0.40)             150             7,920
9...........................................................      132 x (0.40)             150             7,920
10..........................................................      132 x (0.40)             150             7,920
                                                             ---------------------------------------------------
    Total...................................................  ................  ..............            79,200
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.

Hydrostatic Testing for Inert Gas Cylinders
    Under 46 CFR subpart 147.66, vessel owners or operators of vessels 
that carry inert gas fire extinguishing bottles must have the bottles 
hydrostatically tested at least once every 10 years for bottles with an 
equivalent water capacity of 125 pounds or less or once every 5 years 
for larger bottles with an equivalent water capacity of greater than 
125 pounds. The water capacity of a bottle is used to obtain the 
volumetric size of the bottle for testing purposes because testing 
cannot be performed when the bottle contains an inert gas. This testing 
is necessary to ensure the integrity of the bottles. The Coast Guard 
contacted a company that hydrostatically tests inert gas bottles to 
obtain the costs associated with testing and discharging these bottles, 
recharging the bottles with an inert gas, and delivering the bottles to 
a vessel when the testing is completed.\9\
---------------------------------------------------------------------------

    \9\ An inert gas is a gas that has low chemical reactivity under 
certain conditions, which makes it suitable for firefighting 
purposes either alone or with other gases. Inert gases extinguish 
fires by displacing oxygen in the air. The field of chemistry 
generally recognizes that six (naturally occurring) gases make up 
the list of inert gases: helium, argon, neon, krypton, xenon, and 
radon. See https://www.Britannica.com/science/noble-gas, accessed 
January 23, 2024.
---------------------------------------------------------------------------

    The cost to discharge and test the bottle, rebuild the valve on the 
bottle, and recharge the bottle with an inert gas is about $1,220--a 
lump-sum amount provided to us by the testing company. The pickup and 
delivery costs are about $600. The company we contacted for this cost 
estimate provided a lump-sum figure, which includes the time it takes 
to drive to a vessel, disconnect the bottles, load the bottles onto the 
delivery vehicle, and transport the bottles to the testing facility and 
back to the vessel.
    Therefore, the total cost a testing company charges a vessel owner 
or operator is about $1,820 ($1,220 + $600) to hydrostatically test 
inert gas bottles. Based on MISLE data and discussions with SMEs, the 
total number of inert gas bottles for the 14 vessels that have inert 
gas bottles on board is approximately 169, or approximately 12 bottles 
per vessel. We found no bottles that had a capacity of more than 125 
pounds of equivalent water capacity in our population.
    As a result, the testing cost once in a 10-year period is about 
$307,580 (169 bottles x $1,820). We estimate the total annual 
undiscounted cost for inert gas testing to be approximately $30,758. We 
calculate this by assuming that 10 percent (or 1 divided by 10 to 
represent the testing interval of 1 test every 10 years) of the 169 
inert gas cylinders require testing over a 10-year period. We then 
multiply the result (169 x 0.10) by the cost per test ($1,820). Table 6 
presents the baseline total undiscounted cost for inert gas cylinders.

                                 Table 6--Baseline Cost for Inert Gas Cylinders
----------------------------------------------------------------------------------------------------------------
                                                                  Inert gas
                           Period                              population for    Cost per test     Total cost
                                                                 each period
                                                                           (A)             (B)   (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
1...........................................................      169 x (0.10)          $1,820           $30,758
2...........................................................      169 x (0.10)           1,820            30,758
3...........................................................      169 x (0.10)           1,820            30,758
4...........................................................      169 x (0.10)           1,820            30,758
5...........................................................      169 x (0.10)           1,820            30,758
6...........................................................      169 x (0.10)           1,820            30,758
7...........................................................      169 x (0.10)           1,820            30,758

[[Page 76686]]

 
8...........................................................      169 x (0.10)           1,820            30,758
9...........................................................      169 x (0.10)           1,820            30,758
10..........................................................      169 x (0.10)           1,820            30,758
                                                             ---------------------------------------------------
    Total...................................................  ................  ..............           307,580
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs once every 10 years.

End-for-Ending Launching Appliance Falls
    U.S.-flagged vessel owners and operators are required to replace 
lifeboat launching appliance falls (wire ropes) every 5 years, 
according to 46 CFR 109.301 and 199.190. According to current 
regulations, these falls must be turned end-for-end not more than 30 
months, or 2.5 years, after installation during a 5-year period (the 
phrase ``turned end-for-end'' means rotating the wire ropes so the 
ropes wear evenly). There are two falls for each lifeboat, and there 
are two lifeboats per vessel. Using the MISLE database, we identified 
442 U.S.-flagged vessels that carry lifeboats.

  Table 7--U.S.-Flagged Vessel Population by Inspection Subchapter for
                                Lifeboats
------------------------------------------------------------------------
           Subchapter                  Description          Population
------------------------------------------------------------------------
D..............................  Tank Vessels...........              20
H..............................  Passenger Vessels                     3
                                  (>=100 gross tons).
I..............................  Cargo and Miscellaneous             311
                                  Vessels.
I-A............................  Mobile Offshore                       1
                                  Drilling Units (MODUs).
K..............................  Small Passenger Vessels               5
                                  Carrying More Than 49
                                  Passengers.
M..............................  Towing Vessels.........              45
O & D Combination (tank barge    Combination Bulk Cargo-              19
 or freight barge).               including chemicals.
R..............................  Nautical Schools.......               8
U..............................  Oceanographic Research               17
                                  Vessels.
T..............................  Small Passenger Vessels              13
                                  (under 100 gross tons).
                                                         ---------------
    Total......................  .......................             442
------------------------------------------------------------------------

    Each affected vessel has 2 lifeboats on board; therefore, we 
estimate there are 884 lifeboats that have fall wire ropes.
    For cost savings purposes, we assume that each lifeboat has two 
fall wire ropes. The cost to turn two falls end-for-end on each 
launching appliance is about $2,000, based on information provided to 
us from a company that performs this function. Because there are 2 
lifeboats per vessel, the population of lifeboat wire rope falls is 
884. The total annual cost to turn falls end-for-end 2.5 years after 
installation for 884 lifeboat wire falls is about $353,600. We 
calculate this by assuming that in any given year, 20 percent (or 2 
divided by 10 to represent the turning interval of 1 turn every 5 
years) of the 884 lifeboat wire falls require turning. We then multiply 
the result (884 x 0.20) by the cost per turning ($2,000). Table 8 
presents the baseline total undiscounted cost for lifeboat wire falls.

                                 Table 8--Baseline Cost for Lifeboat Wire Falls
----------------------------------------------------------------------------------------------------------------
                                                      Lifeboat wire falls
                       Period                         population for  each   Cost per turning      Total cost
                                                             period
                                                                       (A)                 (B)   (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
1..................................................           884 x (0.20)              $2,000          $353,600
2..................................................           884 x (0.20)               2,000           353,600
3..................................................           884 x (0.20)               2,000           353,600
4..................................................           884 x (0.20)               2,000           353,600
5..................................................           884 x (0.20)               2,000           353,600
6..................................................           884 x (0.20)               2,000           353,600
7..................................................           884 x (0.20)               2,000           353,600
8..................................................           884 x (0.20)               2,000           353,600
9..................................................           884 x (0.20)               2,000           353,600
10.................................................           884 x (0.20)               2,000           353,600
                                                    ------------------------------------------------------------
    Total..........................................  .....................  ..................         3,536,000
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.


[[Page 76687]]

    We estimate the baseline total undiscounted cost to owners and 
operators of U.S.-flagged vessels for all three items to be about 
$3,922,780 ($79,200 + $3,536,000 + $307,580) (see table 9).

                          Table 9--Summary of Baseline Costs Associated With Each Item
----------------------------------------------------------------------------------------------------------------
                                                                 Lifeboat  wire     Inert gas      Undiscounted
                    Period                       Foam  testing       falls           testing           cost
----------------------------------------------------------------------------------------------------------------
1.............................................          $7,920         $353,600         $30,758         $392,278
2.............................................           7,920          353,600          30,758          392,278
3.............................................           7,920          353,600          30,758          392,278
4.............................................           7,920          353,600          30,758          392,278
5.............................................           7,920          353,600          30,758          392,278
6.............................................           7,920          353,600          30,758          392,278
7.............................................           7,920          353,600          30,758          392,278
8.............................................           7,920          353,600          30,758          392,278
9.............................................           7,920          353,600          30,758          392,278
10............................................           7,920          353,600          30,758          392,278
                                               -----------------------------------------------------------------
    Total.....................................          79,200       3,5360,000         307,580        3,922,780
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.

    This final rule generates cost savings as follows:
Cost Savings
    The cost savings originate from eliminating outdated requirements, 
reducing inspection, and testing requirements, and updating standards. 
The cost savings of this final rule are associated with three items: 
testing concentrates for fixed-foam fire-extinguishing systems, 
hydrostatic testing for inert gas bottles, and eliminating the end-for-
ending requirement for launching appliance falls (wire ropes) when 
replaced at an interval of 5 years.
Foam Testing
    There are numerous laboratories, other than those owned by foam 
manufacturers, that can test foam concentrates used for firefighting. 
Allowing a Coast Guard-accepted independent laboratory to test foam 
concentrates provides a similar level of safety to the current 
requirements and may be less burdensome to the vessel owners or 
operators. Additionally, the use of a third party to test the 
properties of the firefighting foam allows for increased availability 
in the number of companies able to test firefighting foam systems.
    In this final rule, a Coast Guard-accepted independent laboratory, 
in place of a manufacturer, is permitted to perform the foam fire-
extinguishing concentrates test. The charge for this service will be 
about $115 per system.\10\ This results in a total annual cost of 
$6,072. We calculate this by assuming that, in any given year, 40 
percent (or 2 divided by 5 to represent the testing interval of 2 tests 
every 5 years) of the 132 foam systems require testing. We then 
multiply the result (132 x 0.40) by the projected cost per test ($115) 
(see table 10).
---------------------------------------------------------------------------

    \10\ This price was obtained from the industry.

                                     Table 10--Cost Change for Foam Testing
----------------------------------------------------------------------------------------------------------------
                                                          Foam testing
                       Period                         population for  each     Cost per test       Total cost
                                                             period
                                                                       (A)                 (B)   (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
1..................................................           132 x (0.40)                $115            $6,072
2..................................................           132 x (0.40)                 115             6,072
3..................................................           132 x (0.40)                 115             6,072
4..................................................           132 x (0.40)                 115             6,072
5..................................................           132 x (0.40)                 115             6,072
6..................................................           132 x (0.40)                 115             6,072
7..................................................           132 x (0.40)                 115             6,072
8..................................................           132 x (0.40)                 115             6,072
9..................................................           132 x (0.40)                 115             6,072
10.................................................           132 x (0.40)                 115             6,072
                                                    ------------------------------------------------------------
    Total..........................................  .....................  ..................            60,720
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.

    We compared the current per-unit cost for firefighting foam testing 
of $150 when performed by a manufacturer with the projected per-unit 
cost of $115 when performed by a third party. We estimate the per-unit 
cost savings to be $35 ($150-$115). As we presented earlier in this 
analysis, the baseline and the projected costs for firefighting foam 
testing are $7,920 and $6,072, respectively (see tables 5 and 9). 
Therefore, the cost savings per year are about $1,848 ($7,920-$6,072), 
and the total cost savings for the firefighting foam testing part of 
this final rule are

[[Page 76688]]

about $18,480 ($79,200-$60,720), undiscounted (see table 11).

                                   Table 11--Net Cost Savings for Foam Testing
----------------------------------------------------------------------------------------------------------------
                                                             Baseline cost
                          Period                                   *            Cost **      Total cost savings
                                                                       (A)             (B)         (C) = (A)-(B)
----------------------------------------------------------------------------------------------------------------
1.........................................................          $7,920          $6,072                $1,848
2.........................................................           7,920           6,072                 1,848
3.........................................................           7,920           6,072                 1,848
4.........................................................           7,920           6,072                 1,848
5.........................................................           7,920           6,072                 1,848
6.........................................................           7,920           6,072                 1,848
7.........................................................           7,920           6,072                 1,848
8.........................................................           7,920           6,072                 1,848
9.........................................................           7,920           6,072                 1,848
10........................................................           7,920           6,072                 1,848
                                                           -----------------------------------------------------
    Total.................................................          79,200          60,720                18,480
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 5.
** Table 10.

Hydrostatic Testing for Inert Gas Cylinders
    We are changing the hydrostatic testing interval of all inert gas 
firefighting extinguishing system bottles from the current requirement 
of once every 10 years or once every 5 years, depending on size, to at 
least once every 12 years, which aligns with the hydrostatic testing 
intervals for carbon dioxide and halon firefighting extinguishing 
system bottles in 46 CFR 147.65.
    The cost savings are from less frequent testing of inert gas 
bottles. For vessels with inert gas bottles less than 125 pounds, the 
test interval will change from at least once in every 10 years to at 
least once in every 12 years. For large bottles with inert gas bottles 
equal or greater than 125 pounds, the test interval will change from 
once in every 5 years to once in every 12 years. We found no bottles 
that had a capacity of more than 125 pounds of equivalent water 
capacity in our population. Therefore, for the purpose of this 
analysis, the relevant change in testing interval is from once every 10 
years to once every 12 years. The total annual cost of hydrostatic 
testing for inert gas cylinders are approximately $25,632. We calculate 
this by assuming that, in any given year, 8.3 percent (or 1 divided by 
12 to represent the testing interval of 1 test every 12 years) of the 
169 inert gas cylinders require testing. We then multiply the result 
(169 x 0.083) by the cost per test ($1,820) (see table 12). As a 
result, vessel owners and operators will save $51,260 ($307,580--
$256,320) in testing costs over a 10-year period (see table 13).

                                  Table 12--Cost Change for Inert Gas Cylinders
----------------------------------------------------------------------------------------------------------------
                                                               Inert gas
                          Period                            population for   Cost per test       Total cost
                                                              each period
                                                                       (A)             (B)       (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
1.........................................................   169 x (0.083)          $1,820               $25,632
2.........................................................   169 x (0.083)           1,820                25,632
3.........................................................   169 x (0.083)           1,820                25,632
4.........................................................   169 x (0.083)           1,820                25,632
5.........................................................   169 x (0.083)           1,820                25,632
6.........................................................   169 x (0.083)           1,820                25,632
7.........................................................   169 x (0.083)           1,820                25,632
8.........................................................   169 x (0.083)           1,820                25,632
9.........................................................   169 x (0.083)           1,820                25,632
10........................................................   169 x (0.083)           1,820                25,632
                                                           -----------------------------------------------------
    Total.................................................  ..............  ..............               256,320
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.


                               Table 13--Net Cost Savings for Inert Gas Cylinders
----------------------------------------------------------------------------------------------------------------
                                                             Baseline cost
                          Period                                   *            Cost **       Total cost saving
                                                                       (A)             (B)         (C) = (A)-(B)
----------------------------------------------------------------------------------------------------------------
1.........................................................         $30,758         $25,632                $5,126
2.........................................................          30,758          25,632                 5,126
3.........................................................          30,758          25,632                 5,126
4.........................................................          30,758          25,632                 5,126

[[Page 76689]]

 
5.........................................................          30,758          25,632                 5,126
6.........................................................          30,758          25,632                 5,126
7.........................................................          30,758          25,632                 5,126
8.........................................................          30,758          25,632                 5,126
9.........................................................          30,758          25,632                 5,126
10........................................................          30,758          25,632                 5,126
                                                           -----------------------------------------------------
    Total.................................................         307,580         256,320                51,260
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 6.
** Table 12.

End-for-Ending Launching Appliance Falls
    The Coast Guard is revising the ``end-for-ending'' requirement for 
lifeboat launching appliance falls to align with SOLAS, which allows 
for a fall replacement interval of 5 years without turning the wires 
end-for-end. Current regulations require that falls must be replaced in 
5-year intervals if they are serviced in accordance with IMO Circular 
MSC.1/Circ.1206 (Rev.1) and MSC.402(96).
    The cost savings are from eliminating the requirement to turn the 
ropes end-for-end every 2.5 years over a 10-year period of analysis. As 
shown in table 8, the annual cost to turn falls end-for-end 2.5 years 
after installation for 884 lifeboat wire falls is about $353,600 (884 x 
0.20 x $2,000). This results in cost savings for vessel owners and 
operators of about $3,536,000 ($353,600 x 10-year period) for the 442 
U.S.-flagged vessels that have lifeboats on board. See table 14.

                               Table 14--Net Cost Savings for Lifeboat Wire Falls
----------------------------------------------------------------------------------------------------------------
                                                             Baseline cost
                          Period                                   *             Cost         Total cost saving
                                                                       (A)             (B)         (C) = (A)-(B)
----------------------------------------------------------------------------------------------------------------
1.........................................................        $353,600              $0              $353,600
2.........................................................         353,600               0               353,600
3.........................................................         353,600               0               353,600
4.........................................................         353,600               0               353,600
5.........................................................         353,600               0               353,600
6.........................................................         353,600               0               353,600
7.........................................................         353,600               0               353,600
8.........................................................         353,600               0               353,600
9.........................................................         353,600               0               353,600
10........................................................         353,600               0               353,600
                                                           -----------------------------------------------------
    Total.................................................       3,536,000               0             3,536,000
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 8.

    Table 15 shows the total cost savings for owners and operators of 
U.S.-flagged vessels to be about $3.6 million, undiscounted, over a 10-
year period of analysis. We estimate the total present value or 
discounted cost savings of this final rule over a 10-year period of 
analysis to be between $2.5 and $3 million, at 7- and 3-percent 
discount rates, respectively. We estimate the annualized cost savings 
to be about $360,574 at each discount rate.

                                                   Table 15--Summary of Cost Savings of the Final Rule
                                              [10-Year period of analysis, 7- and 3-percent discount rates]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Inert gas    Lifeboat  wire   Undiscounted
                         Period                           Foam testing *    testing **       falls ***     cost savings     7% Discount     3% Discount
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................................................          $1,848          $5,126        $353,600        $360,574        $336,985        $350,072
2.......................................................           1,848           5,126         353,600         360,574         314,939         339,876
3.......................................................           1,848           5,126         353,600         360,574         294,336         329,976
4.......................................................           1,848           5,126         353,600         360,574         275,080         320,365
5.......................................................           1,848           5,126         353,600         360,574         257,084         311,034
6.......................................................           1,848           5,126         353,600         360,574         240,266         301,975
7.......................................................           1,848           5,126         353,600         360,574         224,547         293,180
8.......................................................           1,848           5,126         353,600         360,574         209,857         284,640
9.......................................................           1,848           5,126         353,600         360,574         196,128         276,350
10......................................................           1,848           5,126         353,600         360,574         183,298         268,301
                                                         -----------------------------------------------------------------------------------------------

[[Page 76690]]

 
    Total...............................................          18,480          51,260       3,536,000       3,605,740       2,532,521       3,075,769
    Annualized..........................................  ..............  ..............  ..............  ..............         360,574         360,574
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 11.
** Table 13.
*** Table 14.

Electronic Submission
    Current regulations require manufacturers that produce marine 
safety equipment needing approval to mail their paper application and 
supporting documentation in triplicate. The requirement for submitting 
paper plans in triplicate allows the office reviewing them to mark the 
approved plans and return one copy to the submitter, retain one copy in 
their files, and to forward the third copy to the cognizant OCMI. 
However, current industry practice is for manufacturers to submit their 
applications electronically, get them stamped electronically, and then 
distributed as described above. With this final rule, the Coast Guard 
is providing, in regulations, an option for submitting plans 
electronically. There are several sections in the CFR where we are 
removing the ``in triplicate'' requirement for submissions for 
equipment approval if the manufacturer wishes to submit plans 
electronically (see the table 3 for the affected CFR sections). 
According to data from the Coast Guard's Work Management System, 99.2 
percent of all submissions related to applications for equipment 
approval were submitted electronically over the last 5 years. 
Consequently, this final rule adds an option for manufacturers to 
submit their applications and type approval materials electronically, 
to codify the current industry practice. There is no change in the 
hourly burden estimate and no impact to the information collection 
request.
Benefits
    This final rule generates qualitative benefits. It reduces 
confusion and provides flexibility to industry by allowing third-party 
testing for certain safety equipment required on board vessels and 
offshore units or facilities. It also provides regulatory clarity by 
removing obsolete regulations, such as the MSHA approval for SCBAs for 
firefighters, and through updating standards to align with SOLAS.
Alternatives
    The Coast Guard considered three alternatives to the final rule, as 
follows.
Alternative 1: No-Action Alternative
    Under this alternative, the Coast Guard would have retained the 
status quo and not incorporate by reference industry standards into the 
CFR. This alternative would not have aligned conflicting sections of 
the CFR with SOLAS and related regulations. Furthermore, it would not 
have reduced the burden to industry, and would not have allowed the 
Coast Guard to perform retrospective review and updates to the 
regulations. We rejected this alternative because it would not generate 
cost savings for the marine industry, nor update standards in 33 CFR 
chapter I or 46 CFR chapter I.
Alternative 2: Policy Over Regulation
    Under this alternative, the Coast Guard would have issued a NVIC or 
policy letter instead of proposing changes through an NPRM. As 
voluntary documents, neither NVICs nor policy letters are legally 
enforceable by the agency. A NVIC or a policy letter would not have 
updated the CFR, and the process of obtaining an equivalency test would 
still be needed. The Coast Guard rejected this alternative because 
industry would not benefit from current standards, and the public would 
not be given the opportunity to comment on current industry practice 
and standards.
Alternative 3: Preferred Alternative
    With this alternative, the Coast Guard revises the regulations in 
33 CFR chapter I and 46 CFR chapter I. This is the preferred 
alternative because it updates current standards and aligns conflicting 
sections of the CFR with SOLAS and related regulations, eliminates 
outdated standards, and reduces inspection and testing requirements. 
This alternative also allows the Coast Guard to perform retrospective 
reviews and updates to the regulations.
    This alternative also reduces the workload for vessel owners and 
operators by extending testing or maintenance intervals and expanding 
the range of allowable testers for three items: inert gas bottles, foam 
fire-extinguishing systems, and lifeboat launching appliances falls 
(wire ropes). In turn, this alternative generates cost savings for 
vessel owners and operators and manufacturers of marine equipment. We 
presented the cost saving impacts of this alternative earlier in this 
analysis.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this rule will have a significant economic impact on 
a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    We expect this final rule to generate cost savings for vessel 
owners and operators who own vessels that carry lifeboats, bottles of 
inert gas, and foam fire-extinguishing systems. The cost savings are 
the result of reducing the maintenance intervals for hydrostatic 
testing for inert gas bottles and testing and maintaining lifeboat 
falls (wire ropes). The cost savings for vessel owners and operators 
who own vessels that carry foam fire-extinguishing systems are from 
allowing a third party to test the firefighting foam concentrates.
    Using the Coast Guard's MISLE database, we found this final rule 
affects 390 companies that own 531 distinct vessels. Of the 390 
companies, 235 companies did not have company names in our MISLE 
database; therefore, we assumed these 235 companies to be small 
entities. We found that the remaining 155 companies own 296 vessels. 
Based on publicly available information from the online database 
``ReferenceUSAgov'' and other online searches of companies,\11\ we 
found

[[Page 76691]]

revenue or employee information on 74 of the 155 companies. Using the 
Small Business Administration's ``Table of Size Standards'' and the 
North American Industry Classification System codes listed in the 
table, we identified 51 of the 74 companies to be small entities. We 
determined the other 23 companies were not small entities.\12\ We did 
not find information on the remaining 81 companies; therefore, we 
assumed these companies were small entities.
---------------------------------------------------------------------------

    \11\ In addition to individual online searches of companies, the 
Coast Guard reviewed https://www.manta.com/mb to find revenue or 
employee information for the 74 companies; accessed January 29, 
2024.
    \12\ https://www.sba.gov/document/support--table-size-standards; 
effective December 19, 2022, accessed January 29, 2024.
---------------------------------------------------------------------------

    Overall, we assume there are a total of 132 small entities (51 + 
81) out of 155 companies that were named in the MISLE database, or 
approximately 85 percent. If we add the number of small entities that 
we could confirm are small entities based on revenue or employee 
information (51) to the number of companies without company information 
(235 + 81), we assume the total number of small entities to be 367 out 
of the 390 companies affected by this final rule.
    For cost savings purposes, we differentiated the vessels that have 
different combinations of the equipment on board. MISLE's database 
offers data on company names, vessels, and equipment types. From 
MISLE's data and our small entity analysis, we found that there are six 
different combinations of equipment that affect the savings for each 
vessel (see table 16). As a result, the affected small entities overlap 
and are not exclusive throughout this analysis.
    Based on MISLE's data and our small entity analysis discussed 
earlier, we determined that there are 367 small entities. Out of the 
367 small entities, we found that 68 small entities own vessels that 
carry only foam fire-extinguishing systems. As described in the RA 
earlier, the cost savings for foam fire-extinguishing systems is about 
$35 for each vessel, and the foam fire-extinguishing systems will be 
tested 4 times during the analysis period. These small entities will 
save about $952 annually per vessel (68 small entities x $35 savings 
per vessel x 0.4 systems tested per year), or about $14 per entity 
($952 / 68 small entities).
    Using MISLE's data and the small entity analysis, we identified 251 
small entities that own vessels carrying lifeboats that have fall wire 
ropes. Each of these small entities will save about $800 annually per 
vessel it owns (0.2 turns per year x $2,000 cost per turn x 2 lifeboats 
per vessel).
    Based on MISLE's database, we found that only 8 small entities own 
vessels carrying only inert gas bottles; there are 58 inert gas bottles 
on these vessels.\13\ As presented in the RA earlier, the annual cost 
savings on inert gas tests is $30 [($1,820 (cost savings per inert gas 
test) / 10 years--$1,820 (cost savings per inert gas test) / 12 years) 
= $30], and the cost savings for the 8 entities is $1,740 [58 (number 
of inert gas bottles) x $30 (annual cost savings per inert gas 
bottle)]. These 8 small entities will save, on average, about $218 
($1,740 / 8) annually per entity per vessel.
---------------------------------------------------------------------------

    \13\ Please note that the number of inert gas bottles carried on 
board vessels varies from one vessel to another depending on the 
size of the space protected by the fire suppression system.
---------------------------------------------------------------------------

    Using MISLE's data and the small entity analysis, we identified 36 
small entities that own vessels carrying foam fire-extinguishing 
systems and lifeboats. As presented in the previous paragraphs, the 
annual cost savings per entity for the foam fire-extinguishing systems 
is $14, and the annual cost saving per entity for fall wire ropes is 
$800. Therefore, these 36 small entities will save about $814 ($14 + 
$800) annually per entity per vessel.
    Using MISLE's data and the small entity analysis described earlier, 
we identified two small entities that own vessels carrying inert gas 
bottles and lifeboats that have fall wire ropes that need to be turned 
periodically. As presented in the previous paragraphs, the annual cost 
savings for these 2 entities that own vessels carrying inert gas 
bottles is $180 [6 (number of inert gas bottles carried on board 
vessels for both entities) x $30 (annual cost savings per inert gas 
bottle) = $180] and the annual cost savings for these 2 entities on 
fall wire ropes is $1,600 [2 (number of entities) x $800 (cost saving 
per entity for fall wire ropes) = $1,600]. Therefore, the annual cost 
savings for these 2 entities is $1,780 ($180 + $1,600) and these 2 
small entities will each save, on average, about $890 ($1,780 / 2).
    Lastly, based on MISLE's data and the small entity analysis we 
presented previously in the NPRM, we identified two small entities that 
carry all three items. The annual cost savings for these 2 entities 
that own vessels carrying inert gas bottles is $3,000 [100 (number of 
inert gas bottles carried on board vessels for both entities) x $30 
(annual cost savings per inert gas bottle) = $3,000]; the annual cost 
savings for these 2 entities for fall wire ropes is $1,600 [2 (number 
of entities) x $800 (cost saving per fall wire ropes) = $1,600]; and 
the annual cost savings for these 2 entities for foam fire-
extinguishing systems is $28 [2 (number of entities) x $14 (cost 
savings per foam fire-extinguishing systems) = $28]. Therefore, the 
annual cost savings for these 2 entities is $4,628 ($3,000 + $1,600 + 
$28), and we estimate these 2 small entities will save, on average, 
about $2,314 ($4,628 / 2 entities) annually per entity per vessel.
    Table 16 shows the cost savings for small entities with each of the 
six different combinations of equipment described in the previous 
paragraphs.

              Table 16--Summary of the Annual Cost Savings per Entity per Vessel of the Final Rule
----------------------------------------------------------------------------------------------------------------
                                                                                   Cost saving
                              Item                                  Number of    per entity per  Cost saving per
                                                                 small entities      vessel           vessel
                                                                            (A)             (B)  (C) = (A) x (B)
----------------------------------------------------------------------------------------------------------------
Foam Testing...................................................              68             $14             $952
Lifeboat Wire Falls............................................             251             800          200,800
Inert Gas Testing..............................................               8             218            1,744
Foam Testing and Lifeboat Wire Falls...........................              36             814           29,304
Lifeboat Wire Falls and Inert Gas Testing......................               2             890            1,780
Foam Testing, Lifeboat Wire Falls, and Inert Gas Testing.......               2           2,314            4,628
                                                                ------------------------------------------------
    Total......................................................             367  ..............          239,208
----------------------------------------------------------------------------------------------------------------


[[Page 76692]]

    From these 6 different combinations, the range of the annual cost 
savings that we estimate for small entities per vessel in this analysis 
is between $14 and $2,314, and the total annual cost savings for the 
small entities is about $239,208. Table 17 shows the cost savings per 
revenue for the small entities for which we had revenue information.

                                                        Table 17--Distribution of Revenue Impacts
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of revenue impact                                            Average annual impact per vessel                                     Small entities
                                                                                                                                              with known
                                                                                                                                                 revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
<1%.............................  Foam Testing.......  Lifeboat Wire Falls  Inert Gas Testing..  Foam Testing and     Lifeboat Wire                   51
                                                                                                  Lifeboat Wire        Falls and Inert
                                                                                                  Falls.               Gas Testing.
Cost Savings per Vessel.........  $14................  $800...............  $218...............  $814...............  $890..............  ..............
Cost Savings per Small Entity...  $28................  $1,600.............  $436...............  $1,628.............  $1,780............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Using MISLE's data, we found that 51 small entities, where we found 
revenue and employee information, own 92 vessels. Therefore, each small 
entity owns, on average, two vessels. Multiplying the cost savings per 
entity per vessel (see table 17) by the number of vessels owned by each 
entity or 2, yields the following cost savings per entity: $28 for foam 
testing ($14 x 2 vessels per entity = $28); $1,600 for lifeboat wire 
falls ($800 x 2 vessels per entity = $1,600); $436 for inert gas 
testing ($218 x 2 vessels per entity = $436); $1,628 for foam testing 
and lifeboats wire falls ($814 x 2 vessels per entity = $1,628); and 
$1,780 for lifeboat wire falls and inert gas testing ($890 x 2 vessels 
per entity = $1,780). For each of the 51 small entities with known 
revenue, the average annual cost savings per equipment type per small 
entity is less than 1 percent of annual revenue. Based on this 
analysis, we found that 100 percent of the small entities with known 
revenues impacted by this final rule (all 51 entities) will have a cost 
savings that is less than 1 percent of their annual revenue. The Coast 
Guard's economic analysis concluded that these changes generate cost 
savings and do not impose a significant impact on any entities affected 
by this final rule.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this final rule has a significant economic impact on it, 
please submit a comment to the docket at the address listed in the 
ADDRESSES section of this preamble. In your comment, explain why you 
think it qualifies and how and to what degree this final rule will 
economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we offer to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This final rule calls for no new or revised collection of 
information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520.

E. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under Executive Order 13132 and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132. Our analysis follows.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled 
that all the categories covered in 46 U.S.C. 3306, 3703 (involving 
design, construction, alteration, repair, maintenance, operation, 
equipping, personnel qualification, and manning of vessels) and any 
other category in which Congress intended the Coast Guard to be the 
sole source of a vessel's obligations, are within the field foreclosed 
from regulation by the States. See United States v. Locke, 529 U.S. 89 
(2000) (finding that the states are foreclosed from regulating tank 
vessels); see also Ray v. Atlantic Richfield Co., 435 U.S. 151, 157 
(1978) (State regulation is preempted where ``the scheme of federal 
regulation may be so pervasive as to make reasonable the inference that 
Congress left no room for the States to supplement it [or where] the 
Act of Congress may touch a field in which the federal interest is so 
dominant that the federal system will be assumed to preclude 
enforcement of state laws on the same subject'' (citations omitted)). 
Because this final rule involves approving, carrying, and maintaining 
certain safety equipment required on board vessels and offshore units 
or facilities, it is part of a pervasive scheme of Federal regulation 
that forecloses regulation by the States. Because the States may not 
regulate within this field, this final rule is consistent with the 
principles of federalism and preemption requirements in Executive Order 
13132.
    While it is well settled that States may not regulate in categories 
in which Congress intended the Coast Guard to be the sole source of a 
vessel's obligations, the Coast Guard recognizes the key role that 
State and local governments may have in making regulatory 
determinations. Additionally, for rules with federalism implications 
and preemptive effect, Executive Order 13132 specifically directs 
agencies to consult with State and local governments during the 
rulemaking

[[Page 76693]]

process. If you believe this final rule has implications for federalism 
under Executive Order 13132, please contact the person listed in the 
FOR FURTHER INFORMATION section of this preamble.

F. Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Although this rule will not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

G. Taking of Private Property

    This final rule will not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630 
(Governmental Actions and Interference with Constitutionally Protected 
Property Rights).

H. Civil Justice Reform

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988 (Civil Justice Reform) to minimize 
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this final rule under Executive Order 13045 
(Protection of Children from Environmental Health Risks and Safety 
Risks). This rule is not an economically significant rule and will not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This final rule does not have Tribal implications under Executive 
Order 13175 (Consultation and Coordination with Indian Tribal 
Governments), because it will not have a substantial direct effect on 
one or more Indian Tribes, on the relationship between the Federal 
Government and Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes.

K. Energy Effects

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

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (for example, 
specifications of materials, performance, design, or operation; test 
methods; sampling procedures; and related management systems practices) 
that are developed or adopted by voluntary consensus standards bodies.
    This final rule uses the following technical and voluntary 
consensus standards: ASTM D975-14, IMO MSC/Circular 1006, and ISO 
15364. The sections that reference these standards and the locations 
where these standards are available are listed in 46 CFR 39.1005, 
160.135-5, 160.156-5, 160.171-3, 160.174-3, and 162.017-1.
    These standards provide internationally accepted and recognized 
parameters that equipment and material must meet to ensure its safety, 
proper usage, and preservation on the seas. The standards that will be 
incorporated were developed by either the ASTM, IMO, or ISO, which are 
voluntary consensus standard-setting organizations.
    One ASTM standard will be incorporated by reference in this 
rulemaking: ASTM D975-14, ``Standard Specification for Diesel Fuel 
Oils'' (July 30, 2014). This ASTM specification classifies grades of 
diesel fuel oils suitable for various types of diesel engines. As 
incorporated, it defines the grade of fuel necessary to perform a test 
for oil resistance.
    One IMO standard will be incorporated by reference in this 
rulemaking:
    IMO MSC/Circular 1006 ``Guidelines on Fire Test Procedures for 
Acceptance of Fire-Retardant Materials for the Construction of 
Lifeboats'' (adopted on June 8, 2001). This test procedure is used for 
the acceptance of fire-retardant and flame-resistant materials used for 
the construction of lifeboats, which are required to be fire-retardant 
by the International Life-saving Code.
    One ISO standard will be incorporated by reference in this 
rulemaking:
    ISO 15364:2021(E) (February 2021)--``Ships and marine technology--
Pressure-vacuum valves for cargo tanks and devices to prevent the 
passage of flame into cargo tanks.'' This international standard 
specifies the minimum requirements for performance and testing of 
pressure-vacuum relief valves, with emphasis on selection of materials, 
internal finish, and surface requirements for pressure-vacuum relief 
valves installed on cargo tanks in tankers.
    Consistent with incorporation by reference provisions in 1 CFR part 
51, this material is reasonably available. Interested persons have 
access to it through their normal course of business; can purchase it 
from the organizations identified in 46 CFR 39.1005, 160.135-5, 
160.156-5, 160.171-3, and 160.174-3; or may view a copy using the 
methods identified in those sections.
    If you disagree with our analysis of these voluntary consensus 
standards or are aware of voluntary consensus standards that might 
apply but are not listed, please send a comment explaining your 
disagreement or identifying additional standards to the docket using 
one of the methods under ADDRESSES.

M. Environment

    We have analyzed this final rule under DHS Management Directive 
023-01, Rev. 1, associated implementing instructions, and Environmental 
Planning COMDTINST 5090.1 (series), which guide the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321-4370f), and have made a determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble. This final rule is categorically excluded under 
paragraphs L52, L54, and L57 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. Paragraph L52 pertains to regulations 
concerning vessel safety standards; Paragraph L54 pertains to 
regulations which are editorial and procedural; and Paragraph L57 
pertains to regulations concerning manning, documentation, 
admeasurement, inspection, and equipping of vessels.
    This final rule revises regulations associated with the approval, 
carriage, and maintenance of certain safety equipment required on board 
vessels

[[Page 76694]]

and offshore units or facilities. Some of these revisions are editorial 
or procedural actions that eliminate outdated requirements, reduce 
inspection and testing requirements, update standards incorporated by 
reference, remove obsolete sections, and align conflicting sections 
with codes associated with SOLAS. This final rule supports the Maritime 
Safety mission of the Coast Guard.

List of Subjects

33 CFR Part 149

    Fire prevention, Harbors, Marine safety, Navigation (water), 
Occupational safety and health.

46 CFR Part 2

    Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 32

    Cargo vessels, Fire prevention, Marine safety, Navigation (water), 
Occupational safety and health, Reporting and recordkeeping 
requirements, Seamen.

46 CFR Part 34

    Cargo vessels, Fire prevention, Marine safety.

46 CFR Part 35

    Cargo vessels, Marine safety, Navigation (water), Occupational 
safety and health, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 39

    Cargo vessels, Fire prevention, Hazardous materials transportation, 
Incorporation by reference, Marine safety, Occupational safety and 
health, Reporting and recordkeeping requirements.

46 CFR Part 56

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 76

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 77

    Marine safety, Navigation (water), Passenger vessels.

46 CFR Part 95

    Cargo vessels, Fire prevention, Marine safety.

46 CFR Part 96

    Cargo vessels, Marine safety, Navigation (water).

46 CFR Part 105

    Cargo vessels, Fishing vessels, Hazardous materials transportation, 
Marine safety, Petroleum, Seamen.

46 CFR Part 107

    Marine safety, Oil and gas exploration, Reporting and recordkeeping 
requirements, Vessels.

46 CFR Part 108

    Fire prevention, Marine safety, Occupational safety and health, Oil 
and gas exploration, Vessels.

46 CFR Part 109

    Marine safety, Occupational safety and health, Oil and gas 
exploration, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 115

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 116

    Fire prevention, Incorporation by reference, Marine safety, 
Passenger vessels, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 118

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 132

    Cargo vessels, Fire prevention, Marine safety, Reporting and 
recordkeeping requirements.

46 CFR Part 147

    Hazardous materials transportation, Incorporation by reference, 
Labeling, Marine safety, Packaging and containers, Reporting and 
recordkeeping requirements.

46 CFR Part 159

    Business and industry, Laboratories, Marine safety, Reporting and 
recordkeeping requirements.

46 CFR Part 160

    Incorporation by reference, Marine safety, Reporting and 
recordkeeping requirements.

46 CFR Part 161

    Fire prevention, Incorporation by reference, Marine safety, 
Reporting and recordkeeping requirements.

46 CFR Part 162

    Fire prevention, Incorporation by reference, Marine safety, Oil 
pollution, Reporting and recordkeeping requirements.

46 CFR Part 163

    Marine safety.

46 CFR Part 164

    Fire prevention, Incorporation by reference, Marine safety, 
Reporting and recordkeeping requirements.

46 CFR Part 167

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements, Schools, Seamen, Vessels.

46 CFR Part 169

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements, Schools, Vessels.

46 CFR Part 181

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 195

    Marine safety, Navigation (water), Oceanographic research vessels.

46 CFR Part 199

    Cargo vessels, Marine safety, Oil and gas exploration, Passenger 
vessels, Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 149 and 46 CFR parts 2, 31, 32, 34, 35, 39, 56, 76, 77, 95, 
96, 105, 107, 108, 109, 115, 116, 118, 132, 147, 159, 160, 161, 162, 
163, 164, 167, 169, 181, 195, and 199 as follows:

Title 33--Navigation and Navigable Waters

PART 149--DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT

0
1. The authority citation for part 149 is revised to read as follows:

    Authority:  33 U.S.C. 1504, 1509; DHS Delegation No. 00170.1, 
Revision No. 01.4.


0
2. Amend Sec.  149.410 by revising the section heading and the 
introductory text to read as follows:


Sec.  149.410  Location and number of fire extinguishers required for 
manned deepwater ports constructed before August 22, 2016.

    Manned deepwater ports constructed before August 22, 2016, must 
meet the following requirements:
* * * * *

Title 46--Shipping

PART 2--VESSEL INSPECTIONS

0
3. The authority citation for part 2 is revised to read as follows:


[[Page 76695]]


    Authority:  33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103, 
2110, 3306, 3316, 3703, 70034; DHS Delegation No. 00170.1, Revision 
No. 01.4; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 
1-105.


0
4. Amend Sec.  2.75-10 by revising paragraph (b) and adding paragraph 
(c) to read as follows:


Sec.  2.75-10  Procedures for obtaining approvals.

* * * * *
    (b) Unless otherwise specified, correspondence concerning approvals 
should be submitted electronically to <a href="/cdn-cgi/l/email-protection#73070a0316120303011c05121f33060010145d1e1a1f"><span class="__cf_email__" data-cfemail="3a4e434a5f5b4a4a48554c5b567a4f49595d14575356">[email protected]</span></a>. When 
plans, drawings, test data, etc., are required to be submitted by the 
manufacturer, the material being transmitted with the application 
should be clearly identified.
    (c) If the manufacturer requests that hard copy stamped plans be 
returned to them, or if product samples must be submitted, the plans or 
samples must be addressed to the Commandant (CG-ENG), Attn: Office of 
Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. When 
submitted, hard copy plans must be accompanied by electronic drawings 
or must be submitted in triplicate.

PART 31--INSPECTION AND CERTIFICATION

0
5. The authority citation for part 31 is revised to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307, 
3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 
DHS Delegation No. 00170.1, Revision No. 01.4. Section 31.10-21 also 
issued under the authority of Sect. 4109, Pub. L. 101-380, 104 Stat. 
515.


0
6. Amend Sec.  31.10-18 by revising paragraph (c) to read as follows:


Sec.  31.10-18  Firefighting equipment: General--TB/ALL.

* * * * *
    (c) Deck foam systems must be tested at the inspection for 
certification and the periodic inspection by discharging foam for 
approximately 15 seconds from any nozzle designated by the marine 
inspector. It is not required to deliver foam from all foam outlets, 
but all lines and nozzles must be tested with water to prove they are 
clear of obstruction. Before the inspection for certification and 
periodic inspection of deck foam systems utilizing a mechanical foam 
system, a representative sample of the foam concentrate must be 
submitted to the manufacturer, or its authorized representative, or an 
independent laboratory accepted for this purpose by the Coast Guard, 
who will issue a certificate indicating gravity, pH, percentage of 
water dilution, and solid content.
* * * * *

PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS

0
7. The authority citation for part 32 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation No. 00170.1, 
Revision No. 01.4; Subpart 32.59 also issued under the authority of 
Sec. 4109, Pub. L. 101-380, 104 Stat. 515.


Sec.  32.90-1  [Amended]

0
8. Amend Sec.  32.90-1 by removing paragraph (h).

PART 34--FIREFIGHTING EQUIPMENT

0
9. The authority citation for part 34 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 
01.4.


0
10. Amend Sec.  34.10-90 by revising paragraph (a)(3) to read as 
follows:


Sec.  34.10-90  Installations contracted for prior to May 26, 1965--T/
ALL.

    (a) * * *
    (3) Tankships of less than 500 gross tons shall be equipped with an 
efficient hand pump capable of delivering 50 gallons per minute or a 
power-driven pump of equivalent capacity. However, on tankships of 20 
gross tons or under, where it is impracticable to install a hand or 
power-operated fire pump, or on tankships with only one man in the 
crew, at least one additional 40-B fire extinguisher may be accepted in 
lieu of a fire pump.
* * * * *

0
11. Amend Sec.  34.50-10:
0
a. In paragraph (a), by removing the text ``table 34.50-10(a) of this 
section'', wherever it appears, and adding in its place the text 
``table 1 to Sec.  34.50-10(a)'';
0
b. In paragraph (h), by removing the text ``Table 34.50-10(a) of this 
section'' and adding in its place the text ``Table 1 to Sec.  34.50--
10(a)''; and
0
c. In the table following paragraph (h) by:
0
i. Redesignating the table as table 1 to Sec.  34.50-10(a); and
0
ii. Revising and republishing table 1 to Sec.  34.50-10(a).
    The revision reads as follows:


Sec.  34.50-10  Location, number, and installation of fire 
extinguishers--TB/ALL.

* * * * *
    (a) * * *

                     Table 1 to Sec.   34.50-10(a)--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
                     Tank ships                                                        Tank barges
-----------------------------------------------------                   ----------------------------------------
                                  Minimum  required          Area          Minimum  required      Quantity and
     Quantity and location             rating                                   rating              location
----------------------------------------------------------------------------------------------------------------
                                                  Safety Areas
----------------------------------------------------------------------------------------------------------------
1 required....................  20-B:C..............  Wheelhouse and     ....................  None required.
                                                       chartroom areas.
1 required in the vicinity of   20-B:C \1\..........  Radio room.......  ....................  None required.
 the exit.
----------------------------------------------------------------------------------------------------------------
                                               Accommodation Areas
----------------------------------------------------------------------------------------------------------------
1 required in each main         2-A.................  Staterooms,        2-A.................  1 required in the
 passageway on each deck,                              toilet spaces,                           vicinity of the
 conveniently located, and so                          public spaces,                           exit.
 that no room is more than 75                          offices, etc.,
 ft from an extinguisher.                              and associated
                                                       lockers,
                                                       storerooms, and
                                                       pantries.
----------------------------------------------------------------------------------------------------------------

[[Page 76696]]

 
                                                  Service Areas
----------------------------------------------------------------------------------------------------------------
1 required for each 2,500 sq    40-B:C..............  Galleys..........  40-B:C..............  1 required,
 ft or fraction thereof.                                                                        suitable for the
                                                                                                hazard involved.
1 required for each 2,500 sq    40-B................  Stores areas,      ....................  None required.
 ft or fraction thereof.                               including paint
                                                       and lamp rooms.
----------------------------------------------------------------------------------------------------------------
                                               Machinery Area \2\
----------------------------------------------------------------------------------------------------------------
2 required \3\................  40-B................  Spaces containing  40-B................  1 required.\12\
                                                       oil fired
                                                       boilers, either
                                                       main or
                                                       auxiliary, or
                                                       any fuel oil
                                                       units subject to
                                                       the discharge
                                                       pressure of the
                                                       fuel oil service
                                                       pump.
                                and.................
1 required....................  160-B \4\...........
1 required for each 1,000       40-B................  Spaces containing  ....................  None required.
 brake horsepower; not less                            internal
 than 2, not more than 6 \5\.                          combustion or
                                                       gas turbine
                                                       propulsion
                                                       machinery.
                                and.................
1 required \6\ \7\............  120-B...............
1 required in the vicinity of   40-B................  Auxiliary spaces   40-B................  1 required in the
 the exit \7\.                                         containing                               vicinity of the
                                                       internal                                 exit.\7\ \9\
                                                       combustion or                            \12\
                                                       gas turbine
                                                       units.
1 required in the vicinity of   40-B:C..............  Auxiliary spaces   ....................  None required.
 the exit \8\.                                         containing
                                                       emergency
                                                       generators.
----------------------------------------------------------------------------------------------------------------
                                                   Cargo Areas
----------------------------------------------------------------------------------------------------------------
1 required in the lower         40-B................  Pumprooms........  40-B................  1 required in the
 pumproom.                                                                                      vicinity of the
                                                                                                exit.\9\ \12\
None required.................  ....................  Cargo tank area..  40-B................  2 required.\10\
                                                                                                \12\ \13\
                                                                         160-B...............  1 required.\9\
                                                                                                \11\
----------------------------------------------------------------------------------------------------------------
                                                   Spare Units
----------------------------------------------------------------------------------------------------------------
10 percent of required units    2-A.................  .................  2-A.................  10 percent of
 rounded up.                                                                                    required units
                                                                                                rounded up.
10 percent of required units    40-B:C..............  .................  40-B:C..............  10 percent of
 rounded up.                                                                                    required units
                                                                                                rounded up.
----------------------------------------------------------------------------------------------------------------
\1\ Vessels not on an international voyage may substitute two 5-B:C rated extinguishers.
\2\ A 40-B:C must be immediately available to the service generator and main switchboard areas, and further, a
  40-B:C must be conveniently located not more than 50 feet (15.25 meters) walking distance from any point in
  all main machinery operating spaces. These extinguishers need not be in addition to other required
  extinguishers.
\3\ Vessels of fewer than 1,000 GT require 1.
\4\ Vessels of fewer than 1,000 GT may substitute 1 120-B:C.
\5\ Only 1 required for vessels under 65 ft in length.
\6\ If an oil-burning donkey boiler is fitted in the space, the 160-B:C previously required for the protection
  of the boiler may be substituted. Not required where a fixed carbon dioxide system is installed.
\7\ Not required on vessels of fewer than 300 GT if the fuel has a flashpoint higher than 110 [deg]F.
\8\ Not required on vessels of fewer than 300 GT.
\9\ Not required if fixed system installed.
\10\ If no cargo pump on barge, only one 40-B:C required.
\11\ Manned barges of 100 GT and over only.
\12\ Not required on unmanned barges except during the transfer of cargo, or operation of barge machinery or
  boilers when the barge is not underway.
\13\ An extinguisher brought on to unmanned barges during the transfer of cargo, or operation of barge machinery
  or boilers does not have to be Coast Guard approved, provided it is approved by a nationally recognized
  testing laboratory (NRTL) in accordance with 29 CFR 1910.7.

* * * * *

PART 35--OPERATIONS

0
12. The authority citation for part 35 is revised to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101, 
70011, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation 
No. 00170.1, Revision No. 01.4.


Sec.  35.30-20  [Amended]

0
13. Amend Sec.  35.30-20 by removing the text ``the Mine Safety and 
Health Administration (MSHA) and by'' in paragraph (c)(1).

PART 39--VAPOR CONTROL SYSTEMS

0
14. The authority citation for part 39 is revised to read as follows:

    Authority:  42 U.S.C. 7511b(f)(2); 46 U.S.C. 3306, 3703, 
3715(b), 70011, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., 
p. 277; DHS Delegation No. 00170.1, Revision No. 01.4.


[[Page 76697]]



0
15. Amend Sec.  39.1005 by:
0
a. Revising paragraph (a);
0
b. Redesignating paragraphs (g) through (i) as paragraphs (h) through 
(j); and
0
c. Adding new paragraph (g).
    The revision and addition read as follows:


Sec.  39.1005  Incorporation by reference--TB/ALL.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Coast Guard 
and at the National Archives and Records Administration (NARA). Contact 
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
<a href="/cdn-cgi/l/email-protection#3e4a474e5b5f4e4e4c51485f527e4b4d5d5910535752"><span class="__cf_email__" data-cfemail="d8aca1a8bdb9a8a8aab7aeb9b498adabbbbff6b5b1b4">[email protected]</span></a> 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 
<a href="/cdn-cgi/l/email-protection#781e0a5611160b081d1b0c1117163816190a19561f170e"><span class="__cf_email__" data-cfemail="9bfde9b5f2f5e8ebfef8eff2f4f5dbf5fae9fab5fcf4ed">[email protected]</span></a>. The material may be obtained from the sources 
in the following paragraphs of this section.
* * * * *
    (g) International Organization for Standardization (ISO), ISO 
Central Secretariat Chemin de Blandonnet 8. CP 401--1214 Vernier, 
Geneva, Switzerland phone 41 22 749 01 11; www.iso.org/contact-iso.html.
    (1) ISO 15364:2021(E), Ships and Marine Technology--Pressure-vacuum 
valves for cargo tanks and devices to prevent the passage of flame into 
cargo tanks, Fourth Edition, February 2021 (``ISO 15364''); IBR 
approved for Sec.  39.2011(b).
    (2) [Reserved]
* * * * *

0
16. Amend Sec.  39.2011 by revising paragraph (b)(1) to read as 
follows:


Sec.  39.2011  Vapor overpressure and vacuum protection--TB/ALL.

* * * * *
    (b) * * *
    (1) Be type approved under 46 CFR 162.017 for the pressure and 
vacuum relief setting desired. Pressure-vacuum relief valves that meet 
the requirements of ISO 15364 (incorporated by reference, see Sec.  
39.1005) or equivalent standards acceptable to the flag state are 
acceptable for installation on foreign-flagged vessels and do not 
require type approval;
* * * * *

PART 56--PIPING SYSTEMS AND APPURTENANCES

0
17. The authority citation for part 56 is revised to read as follows:

    Authority:  33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C. 
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation No. 
00170.1, Revision No. 01.4.


0
18. Amend Sec.  56.60-25 by revising paragraph (a)(4) to read as 
follows:


Sec.  56.60-25  Nonmetallic materials.

    (a) * * *
    (4) Plastic pipe fitting and bonding techniques must follow the 
manufacturer's installation guidelines. Bonders must hold 
certifications required by the manufacturer's guidelines and provide 
documentation of current certification to the Marine Inspector when 
requested.
* * * * *

PART 76--FIRE PROTECTION EQUIPMENT

0
19. The authority citation for part 76 is revised to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.4.


0
20. Amend Sec.  76.50-10 by revising and republishing paragraphs (a) 
and (b) to read as follows:


Sec.  76.50-10  Location.

    (a) Approved portable and semi-portable extinguishers must be 
installed in accordance with table 1 to 76.50-10(b). The location of 
the equipment must be to the satisfaction of the Officer in Charge, 
Marine Inspection. Nothing in this paragraph should be construed as 
limiting the Officer in Charge, Marine Inspection, from requiring such 
additional equipment as he or she deems necessary for the proper 
protection of the vessel.
    (b) Table 1 to 76.50-10(b) indicates the minimum required number 
and type of extinguisher for each space listed. Extinguishers with 
larger numerical ratings or multiple letter designations may be used if 
the extinguishers meet the requirements of the table.

   Table 1 to 76.50-10(b)--Carriage of Portable and Semi-Portable Fire
                              Extinguishers
------------------------------------------------------------------------
                                          Fire extinguishing
                             -------------------------------------------
            Space               Minimum  required       Quantity and
                                     rating               location
------------------------------------------------------------------------
                             Safety Area \1\
------------------------------------------------------------------------
Wheelhouse or fire control    2-A, 20-B:C.........  1 of each rating
 room.                                               required for
                                                     vessels over 1,000
                                                     GT. Only 1
                                                     extinguisher is
                                                     required if it
                                                     carries both 2-A
                                                     and 20-B:C ratings.
Stairway and elevator         ....................  None required.
 enclosures.
Communicating corridors.....  2-A.................  1 in each main
                                                     corridor in each
                                                     main vertical zone.
                                                     (May be located in
                                                     stairway
                                                     enclosures.)
Lifeboat embarkation and      ....................  None required.
 lowering stations.
Radio room..................  20-B:C \3\..........  2 in the vicinity of
                                                     the exit.\2\
------------------------------------------------------------------------
                           Accommodations \1\
------------------------------------------------------------------------
Staterooms, toilet spaces,    ....................  None required.
 isolated pantries, etc.
Offices, lockers, and         ....................  None required.
 isolated storerooms.
Public spaces...............  2-A.................  1 for each 2,500 sq
                                                     ft or fraction
                                                     thereof located in
                                                     vicinity of the
                                                     exits, except that
                                                     none are required
                                                     for spaces under
                                                     500 sq ft.
Open decks or enclosed        ....................  None required.
 promenades.
------------------------------------------------------------------------

[[Page 76698]]

 
                             Service Spaces
------------------------------------------------------------------------
Galleys.....................  40-B:C..............  1 for each 2,500 sq
                                                     ft or fraction
                                                     thereof suitable
                                                     for hazards
                                                     involved.
Main pantries...............  2-A.................  1 for each 2,500 sq
                                                     ft or fraction
                                                     thereof located in
                                                     the vicinity of the
                                                     exits.
Motion picture booths and     10-B:C \3\..........  1 outside in the
 film lockers.                                       vicinity of the
                                                     exit.
Paint and lamp rooms........  40-B................  1 outside space in
                                                     the vicinity of the
                                                     exit.
Inaccessible baggage, mail,   ....................  None required.
 and specie rooms, and
 storerooms.
Accessible baggage, mail,     2-A.................  1 for each 2,500 sq
 and specie rooms, and                               ft or fraction
 storerooms.                                         thereof located in
                                                     the vicinity of the
                                                     exits, either
                                                     inside or outside
                                                     the spaces.
Refrigerated storerooms.....  2-A.................  1 for each 2,500 sq
                                                     ft or fraction
                                                     thereof located in
                                                     the vicinity of the
                                                     exits, outside the
                                                     spaces.
Carpenter, valet,             2-A.................  1 outside the space
 photographic, printing                              in the vicinity of
 shops sales rooms, etc..                            the exit.
------------------------------------------------------------------------
                            Machinery Spaces
------------------------------------------------------------------------
Coal-fired boilers: Bunker    ....................  None required.
 and boiler space.
Oil-fired boilers: Spaces,    40-B................  2 required.\3\
 containing oil fired         160-B...............  1 required.\4\
 boilers, either main or
 auxiliary, or their fuel
 oil units.
Internal combustion or gas    40-B................  1 for each 1,000
 turbine propelling                                  brake horsepower,
 machinery spaces.                                   but not less than 2
                                                     or more than 6.
                              120-B...............  1 required.\5\
Electric propulsive motors    40-B:C..............  1 for each
 or generators of open type.                         propulsion motor or
                                                     generator unit.
Enclosed ventilating systems  ....................  None required.
 for motors and generators
 of electric propelling
 machinery.
Auxiliary spaces, internal    40-B................  1 outside the space
 combustion or gas turbine.                          in the vicinity of
                                                     the exit.\6\
Auxiliary spaces, electric    40-B:C..............  1 outside the space
 emergency motors or                                 in the vicinity of
 generators.                                         the exit.\6\
Auxiliary spaces, steam.....  ....................  None required.
Trunks to machinery spaces..  ....................  None required.
Fuel tanks..................  ....................  None required.
------------------------------------------------------------------------
                              Cargo Spaces
------------------------------------------------------------------------
Inaccessible during voyage,   ....................  None required.
 including trunks (excluding
 tanks).
Accessible during voyage....  2-A.................  1 for each 1,200 sq
                                                     ft or fraction
                                                     thereof.
Vehicular spaces (covered by  40-B................  1, plus 1 for each
 a sprinkler system).                                6,000 sq ft or
                                                     fraction thereof.
Vehicular spaces (not         40-B................  1, plus 1 for each
 covered by a sprinkler                              1,500 sq ft or
 system).                                            fraction
                                                     thereof.\7\
Cargo oil tanks.............  ....................  None required.
------------------------------------------------------------------------
                               Spare Units
------------------------------------------------------------------------
                              2-A.................  10 percent of the
                                                     required number for
                                                     public spaces
                                                     rounded up.
                              40-B................  10 percent of the
                                                     required number for
                                                     cargo spaces
                                                     rounded up.
                              40-B:C..............  1.
------------------------------------------------------------------------
\1\ In any case, on vessels of 150 feet (45.72 meters) in length and
  over, there must be at least two 2-A units on each passenger deck.
\2\ For vessels on an international voyage, substitute 1 20-B:C in the
  vicinity of the exit.
\3\ Vessels of less than 1,000 GT and not on an international voyage
  require 1.
\4\ Vessels of less than 1,000 GT and not on an international voyage may
  substitute one 120-B for one 160-B.
\5\ If an oil-burning donkey boiler is fitted in the space, the 160-B
  previously required for the protection of the boiler room may be
  substituted. Not required on vessels of less than 300 GT if the fuel
  has a flashpoint of 110 [deg]F or lower except those on an
  international voyage.
\6\ Not required on vessels of less than 300 GT if the fuel has a
  flashpoint higher than 110 [deg]F.
\7\ Two 10-B units may be substituted for one 40-B unit.

* * * * *

PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

0
21. The authority citation for part 77 is revised to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.4.


Sec.  77.35-5  [Amended]

0
22. Amend Sec.  77.35-5 by removing the text ``the Mine Safety and 
Health Administration (MSHA) and'' in paragraph (b).


Sec.  77.40-1  [Amended]

0
23. Amend Sec.  77.40-1 by removing paragraph (h).

[[Page 76699]]

PART 95--FIRE PROTECTION EQUIPMENT

0
24. The authority citation for part 95 is revised to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.4.


Sec.  95.50-10  [Amended]

0
25. Amend Sec.  95.50-10:
0
a. In paragraph (a), by removing the text ``Table 95.50-10(a) of this 
section'' and adding in its place the text ``table 1 to Sec.  95.50-
10(b)''
0
b. In paragraph (b), by removing the text ``Table 95.50-10(a)'' and 
adding in its place the text ``Table 1 to Sec.  95.50-10(b)''; and
0
c. Redesignating table 95.50-10(a) as table 1 to Sec.  95.50-10(b); and
0
d. In footnote 4 to newly redesignated table 1 to Sec.  95.50-10(b), 
removing the text ``160-B'' and adding in its place the text ``120-B''.

PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

0
26. The authority citation for part 96 is revised to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.4.


Sec.  96.35-5  [Amended]

0
27. Amend Sec.  96.35-5 by removing the text ``the Mine Safety and 
Health Administration (MSHA) and by'' in paragraph (b).


Sec.  96.40-1  [Amended]

0
28. Amend Sec.  96.40-1 by removing paragraph (h).

PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS

0
29. The authority citation for part 105 is revised to read as follows:

    Authority:  6 U.S.C. 468(b); 33 U.S.C. 1321(j); 46 U.S.C. 2103, 
3306, 3703, 4502; E.O. 12777, sec. 2(d)(2) and (f), 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; DHS Delegation No. 00170.1, Revision No. 
01.4.


0
30. Amend Sec.  105.14 by revising paragraph (a) to read as follows:


Sec.  105.14  Fire Extinguishing Equipment.

    (a) In addition to the extinguishers in the table to Sec.  28.160 
of this chapter, each vessel must carry at least two 40-B fire 
extinguishers that are approved under Sec.  162.028 or Sec.  162.039 of 
this chapter and must be located at or near the dispensing area. 
Extinguishers with larger numerical ratings or multiple letter 
designations may be used to meet this requirement. This equipment must 
be examined before issuing a letter of compliance.
* * * * *

PART 107--INSPECTION AND CERTIFICATION

0
31. The authority citation for part 107 is revised to read as follows:

    Authority:  43 U.S.C. 1333; 46 U.S.C. 3306, 3307, 3316; DHS 
Delegation No. 00170.1, Revision No. 01.4; Sec.  107.05 also issued 
under the authority of 44 U.S.C. 3507.


0
32. Amend Sec.  107.235 by revising paragraph (b)(4) to read as 
follows:


Sec.  107.235  Servicing of portable fire extinguishers, semi-portable 
fire extinguishers and fixed fire extinguishing systems.

* * * * *
    (b) * * *
    (4) Foam, except premix systems: Discharge foam for approximately 
15 seconds from a nozzle designated by the marine inspector. Discharge 
water from all other lines and nozzles. Submit a sample of the foam 
concentrate to the manufacturer or its authorized representative, or an 
independent laboratory accepted for the purpose by the Coast Guard for 
determination of specific gravity, pH, percentage of water dilution, 
and solid content and for certification as a suitable firefighting 
foam.
* * * * *

PART 108--DESIGN AND EQUIPMENT

0
33. The authority citation for part 108 is revised to read as follows:

    Authority:  43 U.S.C. 1333; 46 U.S.C. 3102, 3306; DHS Delegation 
No. 00170.1, Revision No. 01.4.


0
34. Revise Sec.  108.103 to read as follows:


Sec.  108.103  Equipment not required on a unit.

    (a) Each item of lifesaving and firefighting equipment carried on 
board the unit in addition to equipment of the type required under this 
subchapter, must--
    (1) Be approved; or
    (2) Be acceptable to the cognizant OCMI, for use on the unit.
    (b) Use of non-approved fire detection systems may be acceptable as 
excess equipment, provided that--
    (1) Components are listed and labeled by an independent, nationally 
recognized testing laboratory as set forth in 29 CFR 1910.7, and are 
designed, installed, tested, and maintained in accordance with an 
appropriate industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of subchapter J of 
this chapter, including the hazardous location electrical installation 
regulations in Sec.  111.105 of this chapter; and
    (3) Coast Guard plan review is completed for wiring plans.

0
35. Amend Sec.  108.489 by revising paragraph (a)(3) to read as 
follows:


Sec.  108.489  Helicopter fueling facilities.

    (a) * * *
    (3) A 160-B fire extinguisher approved under Sec.  162.028 or Sec.  
162.039 of this chapter for each fueling facility up to 300 square feet 
(27.87 square meters). Extinguishers with larger numerical ratings or 
multiple letter designations may be used to meet this requirement.
* * * * *

0
36. Amend Sec.  108.495 by:
0
a. Removing the text ``Table 108.495 of this section'' and adding in 
its place the text ``Table 1 to Sec.  108.495'' in the introductory 
text;
0
b. Redesignating table 108.495 as table 1 to Sec.  108.459; and
0
c. Revising and republishing newly redesignated table 1 to Sec.  
108.459.
    The revision reads as follows:


Sec.  108.495  Locations and number of fire extinguishers required.

* * * * *

   Table 1 to Sec.   108.495--Carriage of Portable Fire Extinguishers
------------------------------------------------------------------------
                                Minimum  required       Quantity and
            Space                    rating               location
------------------------------------------------------------------------
                              Safety Areas
------------------------------------------------------------------------
Wheelhouse and control room.  20-B:C..............  2 in the vicinity of
                                                     the exit.
Stairway and elevator         ....................  None required.
 enclosure.

[[Page 76700]]

 
Corridors...................  2-A.................  1 in each corridor
                                                     not more than 150
                                                     ft (45 m) apart.
                                                     (May be located in
                                                     stairways.)
Lifeboat embarkation and      ....................  None required.
 lowering stations.
Radio room..................  10-B:C..............  2 in the vicinity of
                                                     the exit.
------------------------------------------------------------------------
                             Accommodations
------------------------------------------------------------------------
Staterooms, toilet spaces,    ....................  None required.
 public spaces, offices,
 lockers, small storerooms,
 pantries, open decks, and
 similar spaces.
------------------------------------------------------------------------
                             Service Spaces
------------------------------------------------------------------------
Galleys.....................  40-B:C..............  1 for each 2,500 sq
                                                     ft (232.2 sq m) or
                                                     fraction thereof
                                                     suitable for the
                                                     hazards involved.
Paint and lamp rooms........  40:B................  1 outside each room
                                                     in the vicinity of
                                                     the exit.
Storerooms..................  2-A.................  1 for each 2,500 sq
                                                     ft (232.2 sq m) or
                                                     fraction thereof
                                                     located in the
                                                     vicinity of the
                                                     exits, either
                                                     inside or outside
                                                     the spaces.
Workshop and similar spaces.  20-B:C..............  1 outside each space
                                                     in the vicinity of
                                                     the exit.
------------------------------------------------------------------------
                            Machinery Spaces
------------------------------------------------------------------------
Oil-fired boilers: Spaces     40-B................  2 required in each
 containing oil-fired                                space.
 boilers, either main or
 auxiliary, or their fuel
 oil units.
                              160-B...............  1 required in each
                                                     space. See note 1.
Internal combustion or gas    40-B................  1 for each 1,000
 turbine propelling                                  brake horsepower
 machinery spaces.                                   but not less than 2
                                                     and not more than 6
                                                     in each space.
                              120-B...............  1 required in each
                                                     space. See note 1.
Motors or generators of       40-B:C..............  1 for each motor or
 electric propelling                                 generator.
 machinery that do not have
 an enclosed ventilating
 system.
Motors and generators of      ....................  None required.
 electric propelling
 machinery that have
 enclosed ventilating
 systems.
------------------------------------------------------------------------
                            Auxiliary Spaces
------------------------------------------------------------------------
Internal combustion engines   40-B................  1 outside the space
 or gas turbine.                                     containing engines
                                                     or turbines in the
                                                     vicinity of the
                                                     exit.
Electric emergency motors or  40-B:C..............  1 outside the space
 generators.                                         containing motors
                                                     or generators in
                                                     the vicinity of the
                                                     exit.
Steam driven auxiliary        ....................  None required.
 machinery.
Trunks to machinery spaces..  ....................  None required.
Fuel tanks..................  ....................  None required.
------------------------------------------------------------------------
                           Miscellaneous Areas
------------------------------------------------------------------------
Helicopter landing decks....  160-B...............  1 at each access
                                                     route.
Helicopter fueling            160-B...............  1 at each fuel
 facilities.                                         transfer facility.
                                                     See note 2.
Drill floor.................  40-B:C..............  2 required.
Cranes with internal          40-B:C..............  1 required.
 combustion engines.
------------------------------------------------------------------------
                               Spare Units
------------------------------------------------------------------------
                              2-A.................  10 percent of the
                                                     total required
                                                     rounded up.
                              40-B:C..............  10 percent of the
                                                     total required
                                                     rounded up.
------------------------------------------------------------------------
\1\ Not required where a fixed gas extinguishing system is installed.
\2\ Not required where a fixed foam system is installed in accordance
  with Sec.   108.489.

Sec.  108.497  [Amended]

0
37. Amend Sec.  108.497 by removing the text ``the Mine Safety and 
Health Administration (MSHA) and by'' in paragraph (a).


Sec.  108.570  [Amended]

0
38. Amend Sec.  108.570 by removing the word ``must'' and adding in its 
place the word ``may'' in paragraph (c)(3).


Sec.  108.719  [Amended]

0
39. Amend Sec.  108.719 by removing paragraph (h).

PART 109--OPERATIONS

0
40. The authority citation for part 109 is revised to read as follows:

    Authority:  43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104; DHS 
Delegation 00170.1, Revision No. 01.4.


0
41. Amend Sec.  109.301 by revising paragraph (j) to read as follows:


Sec.  109.301  Operational readiness, maintenance, and inspection of 
lifesaving equipment.

* * * * *
    (j) Maintenance of falls. Each fall used in a launching appliance 
must be inspected annually with special regard for areas passing 
through sheaves and

[[Page 76701]]

must be renewed when necessary due to deterioration or at intervals of 
not more than 5 years, whichever is earlier.
* * * * *

PART 115--INSPECTION AND CERTIFICATION

0
42. The authority citation for part 115 is revised to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.


Sec.  115.810  [Amended]

0
43. Amend Sec.  115.810 by removing the text ``Chapter 4 of'' in 
paragraph (b)(1).

PART 116--CONSTRUCTION AND ARRANGEMENT

0
44. The authority citation for part 116 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277, DHS Delegation 00170.1, Revision No. 01.4.


0
45. Amend Sec.  116.400 by revising paragraph (c) to read as follows:


Sec.  116.400  Application.

* * * * *
    (c) Vessels meeting the structural fire protection requirements of 
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11 (incorporated by 
reference, see Sec.  114.600 of this chapter), when combined with the 
requirements in Sec.  116.438, may be considered equivalent to the 
provisions of this subpart.

0
46. Amend Sec.  116.405 by revising paragraph (f) to read as follows:


Sec.  116.405  General arrangement and outfitting.

* * * * *
    (f) Nonmetallic piping in concealed spaces. The use of nonmetallic 
(plastic) pipe within a concealed space in a control space, 
accommodation space, or service space is permitted in nonvital service 
only if the piping material has been approved under Sec.  164.141 of 
this chapter and meets both low flame spread rating and toxicity 
requirements.
* * * * *

PART 118--FIRE PROTECTION EQUIPMENT

0
47. The authority citation for part 118 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.


Sec.  118.500  [Amended]

0
48. Amend Sec.  118.500:
0
a. In paragraph (a), by removing the text ``Table 118.500(a) of this 
section'' and adding in its place the text ``table 1 to Sec.  
118.500(b)'';
0
b. In paragraph (b), by removing the text ``Table 118.500(a) of this 
section'' and adding in its place the text ``Table 1 to Sec.  
118.500(b)'';
0
c. By redesignating table 118.500(a) as table 1 to Sec.  118.500(b);
0
d. In paragraph (c), by removing the text ``10'' and adding in its 
place the text ``5''; and
0
e. In paragraph (d), by removing the text ``(c)'' and adding in its 
place the text ``(b)''.

PART 132--FIRE PROTECTION EQUIPMENT

0
49. The authority citation for part 132 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3307; sec. 617, Pub. L. 111-281, 124 
Stat. 2905; DHS Delegation 00170.1, Revision No. 01.4.


Sec.  132.365  [Amended]

0
50. Amend Sec.  132.365 by removing the text ``the Mine Safety and 
Health Administration and by'' in paragraph (b)(1).

PART 147--HAZARDOUS SHIPS STORES

0
51. The authority citation for part 147 is revised to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.


0
52. Amend Sec.  147.66 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  147.66  Inert gas fire extinguishing systems.

    (a) Inert gas cylinders forming part of a clean agent fixed fire 
extinguishing system must be retested every 12 years.
* * * * *
    (c) Flexible connections between cylinders and discharge piping for 
fixed inert gas fire extinguishing systems must be renewed or retested 
in accordance with section 7.3 of NFPA 2001 (incorporated by reference, 
see Sec.  147.7), except that this renewal or retesting must occur when 
the cylinders are retested.

PART 159--APPROVAL OF EQUIPMENT AND MATERIALS

0
53. The authority citation for part 159 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3703; DHS Delegation 00170.1, 
Revision No. 01.4; Section 159.001-9 also issued under the authority 
of 44 U.S.C. 3507.


0
54. Revise Sec.  159.001-5 to read as follows:


Sec.  159.001-5  Correspondence and applications.

    (a) Unless otherwise specified, all correspondence and applications 
in connection with approval and testing of equipment and materials 
should be submitted electronically to <a href="/cdn-cgi/l/email-protection#d4a0ada4b1b5a4a4a6bba2b5b894a1a7b7b3fab9bdb8"><span class="__cf_email__" data-cfemail="abdfd2dbcecadbdbd9c4ddcac7ebded8c8cc85c6c2c7">[email protected]</span></a>. When 
plans, drawings, test data, etc., are required to be submitted by the 
manufacturer, the material being transmitted with the application 
should be clearly identified.
    (b) If the manufacturer desires hard copy stamped plans be returned 
to them, or if product samples must be submitted, the plans or samples 
must be addressed to: Commandant (CG-ENG), Attn: Office of Design & 
Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther 
King Jr. Avenue SE, Washington, DC 20593-7509. When submitted, hard 
copy plans must be accompanied by electronic drawings or must be 
submitted in triplicate.

PART 160--LIFESAVING EQUIPMENT

0
55. The authority citation for part 160 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306, 3703, 4302; E.O. 12234; 45 FR 
58801; 3 CFR, 1980 Comp., p. 277; and DHS Delegation 00170.1, 
Revision No. 01.4.


0
56. Amend Sec.  160.115-7 by revising paragraphs (b)(6)(vi) 
introductory text and (b)(6)(vi)(A) to read as follows:


Sec.  160.115-7  Design, construction, and performance of winches.

* * * * *
    (b) * * *
    (6) * * *
    (vi) Limit switches must be provided to limit the travel of the 
davit arms as they approach the final stowed position and prevent 
overstressing the falls or davits. These switches must--
    (A) Be arranged so that the activation of any limit switch will 
stop the travel of all of the davit arms;
* * * * *


Sec. Sec.  160.115-9, 160.115-13, 160.132-9, 160.132-13, and 160.133-
9  [Amended]

0
57. Amend Sec. Sec.  160.115-9(b) introductory text, 160.115-13(g)(2), 
160.132-9(b) introductory text, 160.132-13(g)(2), and 160.133-9(b) 
introductory text by removing the words ``in triplicate''.


Sec.  160.133-13  [Amended]

0
58. Amend Sec.  160.133-13 by removing the text ``, in triplicate'' in 
paragraph (g)(2).

0
59. Amend Sec.  160.135-5 by adding paragraph (d)(7) to read as 
follows:

[[Page 76702]]

Sec.  160.135-5  Incorporation by reference.

* * * * *
    (d) * * *
    (7) MSC/Circ. 1006, Guidelines on Fire Test Procedures for 
Acceptance of Fire-Retardant Materials for the Construction of 
Lifeboats, June 18, 2001; IBR approved for Sec.  160.135-7(b).
* * * * *

0
60. Amend Sec.  160.135-7 by revising paragraph (b)(3)(iv)(A) to read 
as follows:


Sec.  160.135-7  Design, construction, and performance of lifeboats.

* * * * *
    (b) * * *
    (3) * * *
    (iv) * * *
    (A) Resin. Any resin used for the hull, canopy, hatches, rigid 
covers, and enclosures for the engine, transmission, and engine 
accessories, must be fire retardant according to IMO MSC/Circ. 1006 
(incorporated by reference, see Sec.  160.135-5)
* * * * *


Sec.  160.135-9  [Amended]

0
61. Amend Sec.  160.135-9 by removing the words ``in triplicate'' in 
paragraph (b) introductory text.


Sec.  160.135-13  [Amended]

0
62. Amend Sec.  160.135-13 by removing the text ``, in triplicate'' in 
paragraph (g)(2) introductory text.

0
63. Amend Sec.  160.156-5 by adding paragraph (d)(7) to read as 
follows:


Sec.  160.156-5  Incorporation by reference.

* * * * *
    (d) * * *
    (7) MSC/Circ. 1006, Guidelines On Fire Test Procedures For 
Acceptance Of Fire-Retardant Materials For The Construction Of 
Lifeboats, June 18, 2001; IBR approved for Sec.  160.156-7.
* * * * *

0
64. Amend Sec.  160.156-7 by revising paragraph (b)(3)(iv)(A) to read 
as follows:


Sec.  160.156-7  Design, construction, and performance of rescue boats 
and fast rescue boats.

* * * * *
    (b) * * *
    (3) * * *
    (iv) * * *
    (A) Resin. Any resin used for the hull, canopy, hatches, rigid 
covers, and enclosures for the engine, transmission, and engine 
accessories, must be fire retardant according to IMO MSC/Circ. 1006 
(incorporated by reference, see Sec.  160.156-5)
* * * * *


Sec.  160.156-9  [Amended]

0
65. Amend Sec.  160.156-9 by removing the words ``in triplicate'' in 
paragraph (b) introductory text.


Sec.  160.156-13  [Amended]

0
66. Amend Sec.  160.156-13 by removing the text ``, in triplicate'' in 
paragraph (g)(2) introductory text.


Sec.  160.170-9  [Amended]

0
67. Amend Sec.  160.170-9 by removing words ``in triplicate'' in 
paragraph (b) introductory text.


Sec.  160.170-13  [Amended]

0
68. Amend Sec.  160.170-13 by removing text ``, in triplicate,'' in 
paragraph (g)(2).

0
69. Revise Sec.  160.171-3 to read as follows:


Sec.  160.171-3  Incorporation by reference.

    Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; email <a href="/cdn-cgi/l/email-protection#7c08050c191d0c0c0e130a1d103c090f1f1b52111510"><span class="__cf_email__" data-cfemail="89fdf0f9ece8f9f9fbe6ffe8e5c9fcfaeaeea7e4e0e5">[email protected]</span></a> 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: <a href="/cdn-cgi/l/email-protection#99ffebb7f0f7eae9fcfaedf0f6f7d9f7f8ebf8b7fef6ef"><span class="__cf_email__" data-cfemail="bed8cc90d7d0cdcedbddcad7d1d0fed0dfccdf90d9d1c8">[email protected]</span></a>. 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: 
<a href="/cdn-cgi/l/email-protection#c6b5a3b4b0afa5a386a7b5b2abe8a9b4a1"><span class="__cf_email__" data-cfemail="a3d0c6d1d5cac0c6e3c2d0d7ce8dccd1c4">[email protected]</span></a>; web: www.astm.org.
    (1) ASTM B117-97, Standard Practice for Operating Salt Spray (Fog) 
Apparatus (``ASTM B117''); IBR approved for Sec.  160.171-17(k).
    (2) ASTM C177-85 (1993), Standard Test Method for Steady-State Heat 
Flux Measurements and Thermal Transmission Properties by Means of the 
Guarded-Hot-Plate Apparatus (``ASTM C177''); IBR approved for Sec.  
160.171-17(e).
    (3) ASTM C518-91, Standard Test Method for Steady-State Heat Flux 
Measurements and Thermal Transmission Properties by Means of the Heat 
Flow Meter Apparatus (``ASTM C518''); IBR approved for Sec.  160.171-
17(e).
    (4) ASTM D975-14, Standard Specification for Diesel Fuel Oils, 
approved February 1, 2014 (``ASTM D975''); IBR approved for Sec.  
160.171-17(p).
    (5) ASTM D1004-94a, Standard Test Method for Initial Tear 
Resistance of Plastic Film and Sheeting (``ASTM D1004''); IBR approved 
for Sec.  160.171-17(n).
    (b) General Services Administration (GSA). email: 
<a href="/cdn-cgi/l/email-protection#1a5d495b496e7b747e7b687e695a7d697b347d756c"><span class="__cf_email__" data-cfemail="e1a6b2a0b295808f8580938592a1869280cf868e97">[email protected]</span></a>; web: https://fedspecs.gsa.gov/s/federal-specifications.
    (1) Federal Test Method Standard No. 191a dated July 20, 1978, 
Method 5304.1, Abrasion Resistance of Cloth, Oscillatory Cylinder 
(Wyzenbeek) Method, dated July 9, 1971 (``Federal Test Method Standard 
191, Method 5304.1''); IBR approved for Sec.  160.171-17(o).
    (2) Federal Standard No. 751a, Stitches, Seams, and Stitchings, 
dated January 25, 1965 (``Federal Standard No. 751''); IBR approved for 
Sec.  160.171-9(c).
    (c) National Institution of Standards and Technology (NIST) 
(formerly National Bureau of Standards). U.S. Department of Commerce, 
National Institution of Standards and Technology, 100 Bureau Drive, 
Gaithersburg, MD 20899; phone: (301) 975-2000; web: www.nist.gov.
    (1) National Bureau of Standards Special Publication 440--Color, 
Universal Language and Dictionary of Names; December 1976 (``National 
Bureau of Standards Publication 440''); IBR approved for Sec.  160.171-
9(h). (Available at https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf)
    (2) [Reserved]
    (d) Underwriters Laboratories (UL). 1850 M. St. NW, Suite 1000, 
Washington, DC, District of Columbia, 20036-5833; phone: (202) 296-
7840; fax: (202) 872-1576; web: www.ul.com.
    (1) UL 1191, Standard for Components for Personal Flotation 
Devices, First Edition, as revised March 29, 1977; IBR approved for 
Sec.  160.171-17(h).
    (2) [Reserved]

0
70. Revise Sec.  160.174-3 to read as follows:


Sec.  160.174-3  Incorporation by reference.

    Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the

[[Page 76703]]

Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
<a href="/cdn-cgi/l/email-protection#46323f3623273636342930272a0633352521682b2f2a"><span class="__cf_email__" data-cfemail="0f7b767f6a6e7f7f7d60796e634f7a7c6c6821626663">[email protected]</span></a> or visit www.dco.uscg.mil/CG-ENG-4/. For 
information on the availability of this material at NARA, email: 
<a href="/cdn-cgi/l/email-protection#1573673b7c7b66657076617c7a7b557b7467743b727a63"><span class="__cf_email__" data-cfemail="f59387db9c9b86859096819c9a9bb59b948794db929a83">[email protected]</span></a>, 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: 
<a href="/cdn-cgi/l/email-protection#43302631352a2026032230372e6d2c3124"><span class="__cf_email__" data-cfemail="cab9afb8bca3a9af8aabb9bea7e4a5b8ad">[email protected]</span></a>; web: www.astm.org.
    (1) ASTM C177-85 (1993), Standard Test Method for Steady-State Heat 
Flux Measurements and Thermal Transmission Properties by Means of the 
Guarded-Hot-Plate Apparatus (``ASTM C 177''); IBR approved for Sec.  
160.174-17(f) and (g).
    (2) ASTM C518-91, Standard Test Method for Steady-State Heat Flux 
Measurements and Thermal Transmission Properties by Means of the Heat 
Flow Meter Apparatus (``ASTM C 518''); IBR approved for Sec.  160.174-
17(f) and (g).
    (3) ASTM D975-14, Standard Specification for Diesel Fuel Oils, 
approved February 1, 2014 (``ASTM D 975''); IBR approved for Sec.  
160.174-17(g).
    (4) ASTM D1004-94a, Standard Test Method for Initial Tear 
Resistance of Plastic Film and Sheeting (``ASTM D 1004''); IBR approved 
for Sec.  160.174-47(i).
    (5) ASTM D1518-85 (1990), Standard Test Method for Thermal 
Transmittance of Textile Materials (``ASTM D 1518''); IBR approved for 
Sec.  160.174-17(f).
    (b) General Services Administration (GSA). email: 
<a href="/cdn-cgi/l/email-protection#d493879587a0b5bab0b5a6b0a794b3a7b5fab3bba2"><span class="__cf_email__" data-cfemail="783f2b392b0c19161c190a1c0b381f0b19561f170e">[email protected]</span></a>; web: https://fedspecs.gsa.gov/s/federal-specifications.
    (1) Federal Standard No. 751a, Stitches, Seams, and Stitchings, 
dated January 25, 1965 (``Federal Standard No. 751''); IBR approved for 
Sec.  160.174-9(b).
    (2) [Reserved]
    (c) National Institution of Standards and Technology (NIST) 
(formerly National Bureau of Standards). U.S. Department of Commerce, 
National Institution of Standards and Technology, 100 Bureau Drive, 
Gaithersburg, MD 20899; phone: (301) 975-2000; web: www.nist.gov.
    (1) National Bureau of Standards Special Publication 440--Color, 
Universal Language and Dictionary of Names (``National Bureau of 
Standards Publication 440''); December 1976; IBR approved for Sec.  
160.174-9(f). (Available at https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf)
    (2) [Reserved]

PART 161--ELECTRICAL EQUIPMENT

0
71. The authority citation for part 161 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 
01.4.


0
72. Amend Sec.  161.002-18 by revising the section heading and 
paragraph (a) to read as follows:


Sec.  161.002-18  System method of applications for equipment approval.

    (a) The manufacturer must submit the following material to the 
Commandant (CG-ENG), according to Sec.  159.001-5 of this subchapter:
    (1) A formal written request that the system be reviewed for 
approval.
    (2) The system's instruction manual, including information 
concerning installation, maintenance, limitations, programming, 
operation, and troubleshooting.
    (3) Proof of listing the system devices meeting the requirements of 
Sec.  161.002-6(a).
    (4) The complete test report(s) meeting the requirements of Sec.  
161.002-6 generated by an independent laboratory accepted by the 
Commandant under part 159 of this subchapter or an NRTL as set forth in 
29 CFR 1910.7. A current list of Coast Guard-accepted laboratories may 
be obtained from the following website: https://cgmix.uscg.mil/eqlabs/.
    (5) A list prepared by the manufacturer that contains the name, 
model number, and function of each major component and accessory, such 
as the main control cabinet, remote annunciator cabinet, detector, zone 
card, isolator, central processing unit, zener barrier, special purpose 
module, or power supply. This list must be identified by the following 
information assigned by the manufacturer:
    (i) A document number;
    (ii) A revision number (the original submission being revision 
number 0); and
    (iii) The date that the manufacturer created or revised the list.
* * * * *

0
73. Amend Sec.  161.002-19 by revising the section heading and 
paragraphs (a) and (b) to read as follows:


Sec.  161.002-19  Device method of application for equipment approval.

    (a) The manufacturer must submit the following material to the 
Commandant (CG-ENG) according to Sec.  159.001-5 of this subchapter:
    (1) A formal written request that the device be reviewed for 
approval;
    (2) The device's instruction manual, including information 
concerning installation, maintenance, limitations, programming, 
operation, and troubleshooting;
    (3) Proof of listing the device meeting the requirements of Sec.  
161.002-6(a); and
    (4) The complete test report(s) meeting the requirements of Sec.  
161.002-6 generated by an independent laboratory accepted by the 
Commandant under part 159 of this subchapter or an NRTL as set forth in 
29 CFR 1910.7. A current list of Coast Guard accepted laboratories may 
be obtained from the following website: https://cgmix.uscg.mil/eqlabs/.
    (b) To apply for a revision, the manufacturer must submit--
    (1) A written request under paragraph (a) of this section;
    (2) Updated documentation under paragraph (a)(2) of this section;
    (3) Proof of listing the device meeting the requirements of Sec.  
161.002-6(a); and
    (4) A report by an independent laboratory accepted by the 
Commandant under part 159 of this subchapter or an NRTL as set forth in 
29 CFR 1910.7 is required to document compliance with Sec.  161.002-6.
* * * * *


Sec.  161.011-1  [Amended]

0
74. Amend Sec.  161.011-1 by removing the word ``approval'' and adding 
in its place the word ``acceptance''.

0
75. Revise Sec.  161.011-5 to read as follows:


Sec.  161.011-5  Types.

    EPIRBs are typed as follows:
    (a) Category 1--EPIRBs are capable of floating free of a vessel and 
activating automatically if the vessel sinks.
    (b) Category 2--EPIRBs are manually removed from the mounting 
bracket and activated.

0
76. Revise Sec.  161.011-10 to read as follows.


Sec.  161.011-10  EPIRB acceptance.

    (a) The Coast Guard reviews test reports from an accepted 
independent laboratory for EPIRBs accepted in Sec.  161.011-5.
    (b) An application for acceptance or type acceptance of an EPIRB 
should be submitted to the Coast Guard before the FCC in accordance 
with 47 CFR part 1061. When requested by the FCC, the Coast Guard 
reviews the test results in the application that concern installation 
and operation of the EPIRB. The Coast Guard provides the results of the 
review to the manufacturer, and to the FCC for its use in acting upon 
the application.

[[Page 76704]]


0
77. Amend Sec.  161.012-5 by:
0
a. Revising paragraph (a); and
0
b. In paragraph (b)(2), by removing the words ``Two copies of plans'' 
and adding in their place the word ``Plans''.
    The revision reads as follows:


Sec.  161.012-5  Approval procedures.

    (a) An application for approval of a PFD light under this subpart 
must be submitted to the Commandant (CG-ENG) according to Sec.  
159.001-5 of this subchapter.
* * * * *

0
78. Amend Sec.  161.013-11 by revising paragraph (c)(1) to read as 
follows:


Sec.  161.013-11  Prototype test.

* * * * *
    (c) * * *
    (1) Forward the test results within 30 days to the Commandant (CG-
ENG) according to Sec.  159.005-1 of this subchapter; and
* * * * *

0
79. Revise Sec.  161.013-17 to read as follows:


Sec.  161.013-17  Manufacturer notification.

    Each manufacturer certifying lights in accordance with the 
specifications of this subpart must send written notice to the 
Commandant (CG-ENG) according to Sec.  159.005-1 of this subchapter 
within 30 days after first certifying the lights and send a new notice 
every 5 years thereafter as long as it certifies lights.

PART 162--ENGINEERING EQUIPMENT

0
80. The authority citation for part 162 is revised to read as follows:

    Authority:  33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104, 
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation 
00170.1, Revision No. 01.4.


0
81. Add Sec.  162.017-0 to read as follows:


Sec.  162.017-0  Preemptive effect.

    The regulations in this part have preemptive effect over State or 
local regulations in the same field.

0
82. Revise Sec.  162.017-1 to read as follows:


Sec.  162.017-1  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) 
material is available for inspection at the Coast Guard and at the 
National Archives and Records Administration (NARA). Contact Coast 
Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
<a href="/cdn-cgi/l/email-protection#582c21283d3928282a372e3934182d2b3b3f76353134"><span class="__cf_email__" data-cfemail="5a2e232a3f3b2a2a28352c3b361a2f29393d74373336">[email protected]</span></a> 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 
<a href="/cdn-cgi/l/email-protection#2244500c4b4c51524741564b4d4c624c4350430c454d54"><span class="__cf_email__" data-cfemail="d4b2a6fabdbaa7a4b1b7a0bdbbba94bab5a6b5fab3bba2">[email protected]</span></a>. The material may be obtained from the 
International Organization for Standardization (ISO), ISO Central 
Secretariat, Chemin de Blandonnet 8. CP 401--1214 Vernier, Geneva, 
Switzerland; phone 41 22 749 01 11; www.iso.org/contact-iso.html.
    (a) ISO 15364:2021(E), Ships and Marine Technology--Pressure-vacuum 
valves for cargo tanks and devices to prevent the passage of flame into 
cargo tanks, Fourth Edition, February 2021 (``ISO 15364''); IBR 
approved for Sec.  162.017-3(r).
    (b) [Reserved]


Sec.  162.017-2  [Amended]

0
83. Amend Sec.  162.017-2 by removing the word ``inflammable'' and 
adding it its place the word ``flammable''.

0
84. Amend Sec.  162.017-3 by revising paragraphs (g), (n), and (r) to 
read as follows:


Sec.  162.017-3  Materials, construction, and workmanship

* * * * *
    (g) The design and construction of the valves must permit 
maintenance without removal from the line.
* * * * *
    (n) Double flame screens of 20 x 20 corrosion-resistant wire mesh 
with a \1/2\-inch corrosion-resistant separator, or a single screen of 
30 x 30 corrosion-resistant wire mesh, shall be fitted on all openings 
to atmosphere. The net free area through the flame screens shall not be 
less than 1\1/2\ times the cross-sectional area of the vent inlet from 
the cargo tanks.
* * * * *
    (r) Pressure-vacuum relief valves constructed in accordance with 
ISO 15364 (incorporated by reference; see Sec.  162.017-1) meet the 
requirements of this subpart and are eligible to receive approval by 
submitting an application in accordance with Sec.  162.017-6.

0
85. Amend Sec.  162.017-6:
0
a. By revising paragraph (a);
0
b. In paragraph (b), by removing the words ``in quadruplicate''; and
0
c. In paragraph (c), by removing the text ``, by the Underwriters' 
Laboratories, the Factory Mutual Laboratories, or''.
    The revision reads as follows.


Sec.  162.017-6  Procedure for approval.

    (a) General. Applications for approval must be submitted to the 
Commanding Officer, U.S. Coast Guard Marine Safety Center. Applications 
may be submitted electronically, by mail or in-person. Mail or in-
person submissions may be delivered to U.S. Coast Guard Stop 7430, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7430. 
Information for submitting applications electronically can be found at 
https://www.uscg.mil/HQ/MSC.
* * * * *

0
86. Amend Sec.  162.050-15 by revising paragraph (a) to read as 
follows:


Sec.  162.050-15  Designation of facilities.

    (a) Each request for designation as a facility authorized to 
perform approval tests must be submitted to the Commandant (CG-ENG) 
according to Sec.  159.005-1 of this subchapter.
* * * * *

0
87. Amend Sec.  162.060-40 by revising paragraph (b) to read as 
follows:


Sec.  162.060-40  Requirements for Independent Laboratories (ILs).

* * * * *
    (b) Each request for designation as an independent laboratory 
authorized under paragraph (a) of this section must be submitted to the 
Commandant (CG-ENG) according to Sec.  159.005-1 of this subchapter.
* * * * *

PART 163--CONSTRUCTION

0
88. The authority citation for part 163 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 
01.4.

Subpart 163.002--[Removed and Reserved]

0
89. Remove and reserve subpart 163.002, consisting of Sec. Sec.  
163.002-1 through 163.002-27.

PART 164--MATERIALS

0
90. The authority citation for part 164 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 
01.4.


0
91. Amend Sec.  164.009-9 by revising paragraph (a) to read as follows:


Sec.  164.009-9  Procedure for approval.

    (a) An application for approval of a material under this subpart 
must be submitted to the Commandant (CG-

[[Page 76705]]

ENG) according to Sec.  159.005-1 of this subchapter.
* * * * *

0
92. Amend Sec.  164.018-7 by revising paragraph (a) and in paragraph 
(b)(2), by removing the words ``Two copies of plans'' and adding in 
their place the word ``Plans''.
    The revision reads as follows:


Sec.  164.018-7  Approval procedures.

    (a) An application for approval of retroreflective material must be 
submitted to the Commandant (CG-ENG) according to Sec.  159.005-1 of 
this subchapter.
* * * * *


Sec.  164.106-3  [Amended]

0
93. Amend Sec.  164.106-3 by removing the text ``Part 6'' and adding in 
its place the text ``Part 5'' in paragraph (a).

Subpart 164.120--[Removed and Reserved]

0
94. Remove and reserve subpart 164.120, consisting of Sec. Sec.  
164.120-1 through 164.120-15.


Sec.  164.137-2  [Amended]

0
95. Amend Sec.  164.137-2 by removing and reserving paragraph (b)(2).

0
96. Amend Sec.  164.137-3 by revising paragraph (a) to read as follows:


Sec.  164.137-3  Testing, marking, and inspection requirements.

    (a) Windows submitted for type approval must be tested for fire 
resistance under Annex 1, Part 3 of the FTP Code (incorporated by 
reference, see Sec.  164.137-2). Windows must also meet the thermal 
radiation test supplement to fire resistance, and hose stream test 
supplement, as outlined in Appendix 1 of Part 3 of the FTP Code.
* * * * *

0
97. Revise Sec.  164.138-2 to read as follows:


Sec.  164.138-2  Incorporation by reference.

    Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Coast Guard 
and at the National Archives and Records Administration (NARA). Contact 
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
<a href="/cdn-cgi/l/email-protection#acd8d5dcc9cddcdcdec3dacdc0ecd9dfcfcb82c1c5c0"><span class="__cf_email__" data-cfemail="e4909d9481859494968b928588a491978783ca898d88">[email protected]</span></a> 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 
<a href="/cdn-cgi/l/email-protection#92f4e0bcfbfce1e2f7f1e6fbfdfcd2fcf3e0f3bcf5fde4"><span class="__cf_email__" data-cfemail="7b1d09551215080b1e180f1214153b151a091a551c140d">[email protected]</span></a>. The material may be obtained from the 
International Maritime Organization (IMO) Publishing, 4 Albert 
Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, 
www.imo.org.
    (a) 2010 FTP, International Code for Application of Fire Test 
Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (``FTP Code''); 
IBR approved for Sec.  164.138-3(a).
    (b) [Reserved]

0
98. Amend Sec.  164.138-3 by revising paragraph (a) to read as follows:


Sec.  164.138-3  Testing, marking, and inspection requirements.

    (a) Fire stops (penetration seals) submitted for type approval must 
be tested for fire resistance under Annex 1, Part 3 of the FTP Code 
(incorporated by reference, see Sec.  164.138-2), including testing in 
accordance with Part 3, Appendix 3 and Appendix 4.
* * * * *

0
99. Revise Sec.  164.139-2 to read as follows:


Sec.  164.139-2  Incorporation by reference.

    Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Coast Guard 
and at the National Archives and Records Administration (NARA). Contact 
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
<a href="/cdn-cgi/l/email-protection#80f4f9f0e5e1f0f0f2eff6e1ecc0f5f3e3e7aeede9ec"><span class="__cf_email__" data-cfemail="6115181104001111130e17000d21141202064f0c080d">[email protected]</span></a> 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 
<a href="/cdn-cgi/l/email-protection#ea8c98c48384999a8f899e838584aa848b988bc48d859c"><span class="__cf_email__" data-cfemail="7f190d5116110c0f1a1c0b1610113f111e0d1e51181009">[email protected]</span></a>. The material may be obtained from International 
Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 
7SR, United Kingdom, +44 (0)20 7735 7611, www.imo.org.
    (a) 2010 FTP Code, International Code for the Application of Fire 
Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (``FTP 
Code''); IBR approved for Sec.  164.139-3(a).
    (b) [Reserved]

0
100. Amend Sec.  164.139-3 by revising paragraph (a) to read as 
follows:


Sec.  164.139-3  Testing, marking, and inspection requirements.

    (a) Automatic fire dampers that are installed in A-class divisions 
that are submitted for type approval must be tested for fire resistance 
under Annex 1, Part 3 of the FTP Code (incorporated by reference, see 
Sec.  164.139-2), including testing in accordance with Appendix 2.
* * * * *

PART 167--PUBLIC NAUTICAL SCHOOL SHIPS

0
101. The authority citation for part 167 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3307, 6101, 8105; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision 
No. 01.4.


0
102. Revise and republish Sec.  167.45-40 to read as follows:


Sec.  167.45-40  Fire-fighting equipment on nautical school ships using 
oil as fuel.

    Steam-propelled nautical school ships burning oil for fuel shall be 
fitted with the fire-fighting equipment of the following type and 
quantity:
    (a) In each boiler room and in each of the machinery spaces of a 
nautical school ship propelled by steam, in which a part of the fuel-
oil installation is situated, two or more approved 40-B fire 
extinguishers must be placed where accessible and ready for immediate 
use. On a nautical school ship of 1,000 gross tons and under, only one 
is required.
    (b) In boiler and machinery spaces, at least two fire hydrants must 
have a firehose of a length that allows each part of the boiler and 
machinery spaces to be reached by water from a combination solid stream 
and water spray firehose nozzle.
    (c) Each firehose under paragraph (b) of this section must have a 
combination solid stream and water spray firehose nozzle that meets 
subpart 162.027 of this chapter. Combination nozzles and low-velocity 
water spray applicators previously approved under subpart 162.027 of 
this chapter may remain so long as they are maintained in good 
condition to the satisfaction of the Officer in Charge, Marine 
Inspection.
    (d) On every steam propelled nautical school ship of over 1,000 
gross tons having one boiler room there shall be provided one 160-B 
fire extinguisher. If the nautical school ship has more than one boiler 
room, an extinguisher of the above type shall be provided in each 
boiler room. On every steam-propelled nautical school ship of 1,000 
gross tons and under, a 120-B fire extinguisher may be used. 
Extinguishers fitted shall be equipped with suitable hose and

[[Page 76706]]

nozzles on reels or other practicable means for easy access, and of 
sufficient length to reach any part of the boiler room and spaces 
containing oil-fuel pumping units.
    (e) All nautical school ships propelled by internal-combustion 
engines shall be equipped with the following fire extinguishers in the 
machinery spaces:
    (1) One 120-B fire extinguisher.
    (2) One 40-B extinguisher for each 1,000 BHP of the main engines, 
or fraction thereof. The total number of fire extinguishers carried 
shall not be less than two and not more than six.
    (3) When a donkey boiler fitted to burn oil as fuel is located in 
the machinery space, there shall be a 160-B fire extinguisher installed 
instead of the 120-B fire extinguisher.
    (f) In this section, any reference to a fire extinguisher means 
approved by the Coast Guard.


Sec.  167.45-60  [Amended]

0
103. Amend Sec.  167.45-60 by removing the text ``the Mine Safety and 
Health Administration (MSHA) and by'' in paragraph (a).

0
104. Revise Sec.  167.45-65 to read as follows:


Sec.  167.45-65  Portable fire extinguishers in accommodation spaces.

    All nautical school ships shall be provided with such number of 
good and efficient portable fire extinguishers approved by the Coast 
Guard as follows:
    (a) Nautical school ships less than 150 feet in length shall have 
at least two 2-A fire extinguishers on each passenger deck.
    (b) Nautical school ships 150 feet and over in length shall be 
provided with at least one 2-A fire extinguisher for every 150 linear 
feet of corridor length or fraction thereof in the spaces occupied by 
passengers and crew.
    (c) In all public spaces fire extinguishers shall be located not 
more than 150 feet apart.

0
105. Revise Sec.  167.45-70 to read as follows:


Sec.  167.45-70  Portable fire extinguishers, general requirements.

    (a) Fire extinguishers shall be located in such places as in the 
judgment of the Officer in Charge, Marine Inspection, will be most 
convenient and serviceable in case of emergency and so arranged that 
they may be easily removed from their fastenings.
    (b) Every fire extinguisher provided shall be examined at each 
annual inspection to determine that it is still in good condition. 
Soda-and-acid and foam fire extinguishers shall be tested by 
discharging the contents, cleaning thoroughly, and then refilling. 
Carbon dioxide fire extinguishers shall be checked by weighing to 
determine contents and if found to be more than 10 percent under 
required contents of carbon dioxide shall be recharged. Pump tank fire 
extinguishers shall be tested by pumping and discharging the contents, 
cleaning thoroughly, and then refilling or recharging. Cartridge-
operated type fire extinguishers shall be checked by examining the 
extinguishing agents to determine if it is still in good condition and 
by examining the pressure cartridge. If the cartridge end is punctured, 
or if the cartridge is otherwise determined to have leaked or to be in 
an unsuitable condition, the pressure cartridge shall be rejected and a 
new one inserted. Stored pressure type extinguishers shall be checked 
by determining that the pressure gauge is in the operating range, and 
the full charge of extinguishing agent is in the chamber. The hoses and 
nozzles of all fire extinguishers shall be inspected to see that they 
are clear and in good condition.
    (c) In addition to the required extinguishers in this part, each 
vessel must carry no less than 10 percent spare extinguishers or 
charges for each size and variety of fire extinguisher, with a minimum 
of one for each size and variety of extinguisher.

0
106. Add Sec.  167.45-71 to read as follows:


Sec.  167.45-71  Exemptions to the requirements of portable fire 
extinguishers required for vessels constructed before August 22, 2016.

    Vessels contracted for before August 22, 2016, must meet the 
following requirements:
    (a) Previously installed portable and semi-portable fire 
extinguishers with extinguishing capacities smaller than what is 
required in this part need not be replaced and may be continued in 
service so long as they are maintained in good condition to the 
satisfaction of the Officer in Charge, Marine Inspection.
    (b) All new equipment and installations must meet the applicable 
requirements in this part for new vessels.


Sec.  167.45-75  [Amended]

0
107. Amend Sec.  167.45-75 by removing the words ``or the Navy'' after 
the words ``approved by the Coast Guard''.

PART 169--SAILING SCHOOL VESSELS

0
108. The authority citation for part 169 is revised to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L. 
103-206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 793; DHS Delegation 00170.1, Revision No. 01.4; Sec.  
169.117 also issued under the authority of 44 U.S.C. 3507.


0
109. Amend Sec.  169.567:
0
a. In paragraph (a) introductory text, by removing the text ``Table 
169.567(a) of this section'' and adding in its place the text ``table 1 
to Sec.  169.567(a)'';
0
b. Redesignating the table 169.567(a) as table 1 to Sec.  169.567(a);
0
c. Revising and republishing table 1 to Sec.  169.567(a); and
0
d. In paragraph (b), by removing the text ``Table 169.567(a) of this 
section'' and adding in its place the text ``Table 1 to Sec.  
169.567(a)''.
    The revision reads as follows:


Sec.  169.567  Portable fire extinguishers.

    (a) * * *

   Table 1 to Sec.   169.567(a)--Required Portable Fire Extinguishers
------------------------------------------------------------------------
                                      Portable fire extinguishers
                              ------------------------------------------
            Space               Minimum  required       Quantity and
                                      rating              location
------------------------------------------------------------------------
Propulsion machinery space     40-B:C.............  2.
 without fixed extinguishing
 system.
Propulsion machinery space     40-B:C.............  1 in the vicinity of
 with fixed extinguishing                            the exit.
 system.
Living space and open boats..  2-A................  1 per 1,000 cubic
                                                     foot of space.
Galley (without fixed system)  40-B:C.............  1 per 500 cubic
                                                     foot.
Spare Units..................  2-A................  10 percent of the
                                                     required number
                                                     rounded up.
                               40-B:C.............  10 percent of the
                                                     required number
                                                     rounded up.
------------------------------------------------------------------------


[[Page 76707]]

* * * * *

0
110. Add Sec.  169.568 to read as follows:


Sec.  169.568  Exemptions to the requirements of portable fire 
extinguishers required for vessels constructed before August 22, 2016.

    Vessels contracted for before August 22, 2016, must meet the 
following requirements:
    (a) Previously installed portable and semi-portable fire 
extinguishers with extinguishing capacities smaller than what is 
required in this subpart need not be replaced and may be continued in 
service so long as they are maintained in good condition to the 
satisfaction of the Officer in Charge, Marine Inspection.
    (b) All new equipment and installations must meet the applicable 
requirements in this part for new vessels.

0
111. Amend Sec.  169.717 by revising paragraph (a)(1) to read as 
follows:


Sec.  169.717  Fireman's outfit.

* * * * *
    (a) * * *
    (1) One pressure-demand, open-circuit, self-contained breathing 
apparatus, approved by the National Institute for Occupational Safety 
and Health (NIOSH) and having at a minimum a 30-minute air supply and a 
full facepiece; but a self-contained compressed-air breathing apparatus 
previously approved under part 60, subpart 160.011, of this chapter may 
continue in use as required equipment if it was part of the vessel's 
equipment on November 23, 1992, and as long as it is maintained in good 
condition to the satisfaction of the Officer in Charge, Marine 
Inspection;
* * * * *

PART 181--FIRE PROTECTION EQUIPMENT

0
112. The authority citation for part 181 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.

0
113. Amend Sec.  181.500:
0
a. In paragraph (a), by removing the text ``Table 181.500(b)'' and 
adding in its place the text ``table 1 to Sec.  181.500(b)'';
0
b. In paragraph (b), by removing the text ``Table 181.500(b) of this 
section'' and adding in its place the text ``Table 1 to Sec.  
181.500(b)'';
0
c. By redesignating the table 181.500(b) as table 1 to Sec.  
181.500(b); and
0
d. By revising and republishing table 1 to Sec.  181.500(b).
    The revision and republication read as follows:


Sec.  181.500  Required number, type, and location.

* * * * *
    (b) * * *

   Table 1 to Sec.   181.500(b)--Required Portable Fire Extinguishers
------------------------------------------------------------------------
                                      Portable fire extinguishers
                              ------------------------------------------
            Space               Minimum  required       Quantity and
                                      rating              location
------------------------------------------------------------------------
Operating Station............  10-B:C.............  1.
Machinery Space..............  40-B:C.............  1 in the vicinity of
                                                     the exit.
Open Vehicle Deck............  40-B...............  1 for every 10
                                                     vehicles.
Accommodation Space..........  2-A................  1 each for each
                                                     2,500 square feet
                                                     (232.3 square
                                                     meters) or fraction
                                                     thereof.
Galley.......................  40-B:C.............  1.
Pantry, concession stand.....  2-A................  1 in the vicinity of
                                                     the exit.
------------------------------------------------------------------------

* * * * *

PART 195--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

0
114. The authority citation for part 195 is revised to read as follows:

    Authority:  46 U.S.C. 2113, 3306, 3307; 49 U.S.C. App. 1804; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation 
00170.1, Revision No. 01.4.


Sec.  195.40-1  [Amended]

0
115. Amend Sec.  195.40-1 by removing paragraph (h).

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

0
116. The authority citation for part 199 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; DHS Delegation 00170.1, Revision No. 01.4.


0
117. Amend Sec.  199.190 by revising paragraph (j) to read as follows:


Sec.  199.190  Operational readiness, maintenance, and inspection of 
lifesaving equipment.

* * * * *
    (j) Maintenance of falls. Each fall used in a launching appliance 
must--
    (1) Be inspected annually with special regard for areas passing 
though sheaves; and
    (2) Be renewed when necessary due to deterioration or at intervals 
of not more than 5 years, whichever is earlier.
* * * * *

    Dated: September 5, 2024.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2024-20380 Filed 9-17-24; 8:45 am]
BILLING CODE 9110-04-P


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