
[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Rules and Regulations]
[Pages 33860-33894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12334]



[[Page 33859]]

Vol. 77

Thursday,

No. 110

June 7, 2012

Part III





Department of Homeland Security





-----------------------------------------------------------------------





Coast Guard





-----------------------------------------------------------------------





46 CFR Parts 25, 27, 28, et al.





Carbon Dioxide Fire Suppression Systems on Commerical Vessels; Final 
Rule

  Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules 
and Regulations  

[[Page 33860]]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 25, 27, 28, 31, 34, 35, 62, 71, 76, 78, 91, 95, 97, 
107, 108, 112, 115, 118, 119, 122, 131, 132, 147, 162, 167, 169, 
176, 181, 182, 185, 189, 190, 193, 194, and 196

[USCG-2006-24797]
RIN 1625-AB44


Carbon Dioxide Fire Suppression Systems on Commercial Vessels

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending the current regulations for fire 
suppression systems on several classes of commercial vessels. The 
amendments clarify that approved alternatives to carbon dioxide systems 
may be used to protect some spaces on these vessels, and set general 
requirements for alternative systems. Additionally, certain new carbon 
dioxide systems must be equipped with lockout valves and odorizing 
units to protect persons after a carbon dioxide discharge. By requiring 
these features on carbon dioxide systems and by making a wider range of 
fire suppression systems available, the regulations advance the Coast 
Guard's strategic goals of promoting marine safety and maritime 
mobility.

DATES: This final rule is effective July 9, 2012. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register on July 9, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2006-24797 and are available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2006-24797 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Suzanne Hemann, CG-5214; telephone 202-372-1356, 
email Suzanne.E.Hemann@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
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 Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
EPA U.S. Environmental Protection Agency
FR Federal Register
FSS IMO's International Code for Fire Systems Safety
IMO International Maritime Organization
MODU Mobile offshore drilling unit
MSC Coast Guard Marine Safety Center
NEPA National Environmental Policy Act of 1969
NFPA National Fire Protection Association
NPRM Notice of proposed rulemaking
NTTAA The National Technology Transfer and Advancement Act
OMB Office of Management and Budget
SOLAS 74 International Convention for the Safety of Life at Sea, 
1974
TSAC Towing Safety Advisory Committee
UL Underwriters Laboratory
U.S.C. United States Code

II. Regulatory History

    On February 24, 2010, we published a notice of proposed rulemaking 
entitled ``Carbon Dioxide Fire Suppression Systems on Commercial 
Vessels'' in the Federal Register (75 FR 8432). We received 18 comments 
on the proposed rule. No public meeting was held.

III. Basis and Purpose

    The basis of this final rule is the Secretary of Homeland 
Security's regulatory authority under the following statutes. In all 
cases, the Secretary has delegated this authority to the Coast Guard 
through Delegation No. 0170.1(92). Section 3306 of Title 46, United 
States Code (U.S.C.) mandates the issuance of vessel equipment 
regulations for Coast Guard-inspected vessels and the issuance of 
structural fire protection regulations for small passenger vessels; 46 
U.S.C. 3703 mandates regulations, including fire protection 
regulations, for vessels carrying liquid bulk dangerous cargoes; 46 
U.S.C. 4102 authorizes regulations, after consultation with the Towing 
Safety Advisory Committee (TSAC), for fire protection and suppression 
measures on towing vessels; 46 U.S.C. 4302 authorizes safety equipment 
regulations for recreational vessels; and 46 U.S.C. 4502 mandates fire 
extinguisher regulations for some uninspected commercial fishing 
vessels and authorizes safety equipment regulations for certain other 
uninspected commercial fishing vessels.
    The purpose of this final rule is to advance the Coast Guard's 
strategic goals of marine safety and maritime mobility, by clarifying 
and codifying the requirements for fire suppression systems that use 
carbon dioxide (CO2) alternatives, and by requiring lockout 
valves and odorizers to improve safety on certain vessels that use 
carbon dioxide fire suppression systems.

IV. Background

    This discussion is adapted from Parts III and IV of our NPRM. See 
75 FR 8432, 8433.
    Carbon dioxide (CO2) systems are suitable for 
suppressing or extinguishing fires in certain vessel spaces. They work 
by flooding spaces with CO2. CO2 flooding 
deprives a fire of the oxygen it needs to burn, but these same systems 
have also killed people on U.S. military vessels and foreign flag 
vessels who were in CO2-protected spaces when the odorless 
CO2 gas was discharged accidentally, or without adequate 
warning to evacuate. This final rule addresses that risk by requiring 
lockout valves (``lockouts'') and odorizing units (``odorizers'') for 
most new CO2 systems, specifically those installed or 
altered after July 9, 2013. (``Altered'' means modified or refurbished 
beyond the maintenance required by the manufacturer's design, 
installation, operation and maintenance manual.)
    New CO2 systems protecting spaces containing more than 
6,000 cubic feet will need lockout valves. The lockout must be locked 
in the ``off'' position during maintenance or testing of a 
CO2 system, to prevent its accidental discharge during those 
times of heightened risk to personnel.
    All new CO2 systems will need odorizers. In the event of 
a discharge, the odorizer will inject a wintergreen scent that will 
linger as long as harmful amounts of the discharged gas are present, to 
alert personnel to that presence.

[[Page 33861]]

    Existing Coast Guard regulations require CO2 systems in 
certain spaces on towing vessels, tank vessels, cargo and miscellaneous 
vessels, mobile offshore drilling units (MODUs), offshore supply 
vessels, public nautical school ships, and large passenger vessels 
(``Subchapter H'' vessels); we allow their use on smaller ``Subchapter 
K'' and ``Subchapter T'' passenger vessels as well. In recent years, 
fixed extinguishing systems using ``clean agents'' have been developed 
that are comparable to CO2 systems in their ability to 
suppress fires, but that do not pose the same risks to persons onboard. 
We would like to spread public awareness that these alternatives exist. 
We have approved many alternative systems as ``regulatory equivalents'' 
to CO2 systems, but the process for requesting and granting 
an equivalency determination can be burdensome and time-consuming both 
for regulated entities and for the Coast Guard. We want to update our 
regulations so that the clean agent systems we have routinely been 
approving can be used by regulated entities to comply with Coast Guard 
fire suppression requirements, without the need for obtaining 
individual equivalency determinations. This should reduce regulatory 
burden and potentially increase the use of these alternative systems.
    The following table lists the parts within 46 CFR that are affected 
by the final rule and the specific sections we are amending. The 
foregoing discussion provides a general summary of the changes. When 
additional information is required, it appears in the table in 
parentheses. The table omits any discussion of numerous minor and non-
substantive style, format, or wording changes that we are proposing 
solely to improve the clarity of our regulations.

                                           Table 1--Changes to 46 CFR
----------------------------------------------------------------------------------------------------------------
            46 CFR part and topic                            46 CFR sections affected (& comments)
----------------------------------------------------------------------------------------------------------------
25--Uninspected vessels.....................  25.30-1 (preemption; see part VII.E of this preamble), 25.30-15
                                               (remove paragraph designations and remove redundant second
                                               paragraph).
27--Towing vessels..........................  27.100 (preemption; see part VII.E of this preamble), 27.101.
28--Commercial fishing industry vessels.....  28.30 (preemption; see part VII.E of this preamble), 28.825.
31, 34, 35--Tank vessels....................  31.01-1 (preemption; see part VII.E of this preamble), 31.10-18
                                               (remove flow test requirement in para. (f)), 34.01-1
                                               (preemption), 34.01-15 (incorporation by reference), 34.05-5,
                                               34.15-50 (new), 34.15-60 (new), 35.01-2 (new; preemption), 35.40-
                                               7, 35.40-8 (new), 35.40-10.
62--Marine engineering, vital systems         62.01-1 (preemption; see part VII.E of this preamble), 62.25-20.
 automation.
71, 76, 78--Subchapter H passenger vessels    71.01-1/71.01-2 (new/redesignation; preemption; see part VII.E of
 (>/=100 gross tons).                          this preamble), 71.20-20, 71.25-20, 71.65-5, 76.01-1
                                               (preemption), 76.05-1, 76.10-5, 76.15-50 (new), 76.16-60 (new),
                                               78.01-1 (preemption), 78.47-9, 78-47.11 (new), 78.47-17.
91, 95, 97--Cargo & miscellaneous vessels...  91.01-1/91.01-2 (new/redesignation; preemption; see part VII.E of
                                               this preamble), 91.20-20, 91.25-20, 91.55-5, 95.01-1
                                               (preemption), 95.01-2 (incorporation by reference), 95.05-10,
                                               95.10-5, 95.15-5 (lengthen discharge time from 2 to 10 min. for
                                               spaces specially suitable for vehicles to provide greater safety
                                               margin and meet the International Maritime Organization's Safety
                                               of Life at Sea (SOLAS) requirements), 95.15-30 (provide for
                                               nitrogen pilot cylinders), 95.15-50 (new), 95.15-60 (new), 95.16-
                                               1--95.16-90 (new; based on current subpart 95.15, modified and
                                               reorganized), 97.01-1 (preemption), 97.37-9, 97.37-11 (new),
                                               97.37-13.
107, 108--Mobile offshore drilling units....  107.01-1 (preemption; see part VII.E of this preamble), 107.231,
                                               107.235, 108.102 (new; preemption), 108.444 (new), 108.446 (new),
                                               108.626 (new), 108.627 , 108.631.
112--Electrical engineering, emergency        112.05-1 (preemption; see part VII.E of this preamble), 112.15-5.
 lighting & power systems.
115, 118, 119, 122--Subchapter K passenger    115.1 (new; preemption; see part VII.E of this preamble), 115.810,
 vessels (<100 gross tons & >150 passengers    118.115 (preemption), 118.410, 119.100 (preemption), 119.710,
 or >49 overnight passengers).                 122.115 (preemption), 122.612.
131, 132--Offshore supply vessels...........  131.100 (new; preemption; see part VII.E of this preamble),
                                               131.815, 131.817 (new), 131.825, 132.100 (preemption), 132.350.
147--Hazardous ships' stores................  147.1 (preemption; see part VII.E of this preamble), 147.7
                                               (incorporation by reference), 147.45 (non-substantive change),
                                               147.60 (non-substantive change), 147.66 (new), 147.67 (new).
162--Engineering equipment..................  162.017-1 (preemption; see part VII.E of this preamble), 162.161-
                                               1--162.161-9 (new).
167--Public nautical school ships...........  167.01-5 (preemption; see part VII.E of this preamble), 167.45-1,
                                               167.45-45, 167.55-5.
169--Sailing school vessels.................  169.101 (preemption; see part VII.E of this preamble), 169.247,
                                               169.564, 169.570 (new), 169.571 (new), 169.732, 169.734.
176, 181, 182, 185--Subchapter T passenger    176.1 (new; preemption; see part VII.E of this preamble), 176.810,
 vessels (<100 gross tons & 2 alternative (clean agent) 
systems, and requiring some minimal protective measures for new 
CO2 systems.
    A second commenter inferred that a carbon dioxide lockout would 
need to be activated even at times when the CO2 system is 
not undergoing maintenance. Our intention is for the lockout only to be 
activated when the CO2 system is being tested or maintained, 
and we have modified the regulatory text to make this clearer.
    The second commenter also asked questions about our proposed 
lockout exception for spaces smaller than 6,000 cubic feet. In the 
NPRM, we proposed limiting that exception to those small spaces that 
provide a means of horizontal escape, like spaces with walk-in/walk-out 
access. We have decided, for the final rule, to extend the exception to 
all spaces smaller than 6,000 cubic feet, whether or not they provide 
horizontal escape routes. Not all small spaces provide walk-in/walk-out 
access, but in most cases the small space is protected by a 
CO2 system that protects that space alone. The arrangements 
for these systems are generally less complex as they serve only one 
space, and are thus, less likely to discharge inadvertently during 
system maintenance and testing.
    The third commenter asked if we intend for the rule to apply to 
foreign-flagged mobile offshore drilling units (MODUs) operating on the 
U.S. Outer Continental Shelf under a U.S. Certificate of Compliance. 
This commenter said it would be problematic to apply U.S. type 
approvals to non-U.S. manufactured carbon dioxide systems on foreign-
flagged MODUs. Under 33 CFR 143.207, a MODU documented under the laws 
of a foreign nation has a choice of design and equipment standards with 
which it must comply when operating on the U.S. Outer Continental 
Shelf. It may comply with Coast Guard regulations in 46 CFR part 108, 
which, as amended by this final rule, include the lockout and odorizer 
requirements for CO2 systems. It may comply with the 
documenting nation's standards, if it applies for and receives a Coast 
Guard determination that those standards provide an equivalent or 
greater level of safety. In the case of CO2 system lockout 
and odorizer requirements, an equivalency determination may be given 
after an applicant demonstrates that the foreign nation's standards 
require some type of lockout and odorizer or alternative means of 
providing an equivalent level of safety, though they need not be Coast 
Guard-approved equipment. Finally, the foreign MODU may comply with the 
International Maritime Organization's Code for Construction and 
Equipment of Mobile Offshore Drilling Units, which does not require 
lockouts or odorizers for CO2 systems.
    Need for the rule. Ten commenters questioned the need for various 
aspects of this rule. Four commenters questioned the overall need, 
focusing primarily on the lockout and odorizer requirements. Typical of 
these four commenters was the remark: ``retrofitting the numerous and 
extremely diverse vessel population this rule would impact would be 
much more costly than [the Coast Guard's] analysis indicates and would 
provide a marginal safety advantage, if any.'' In the NPRM, we proposed 
applying those requirements to all vessels, which would have required 
retrofitting for existing vessels. In the final rule, we have 
eliminated the provisions that would have required retrofitting, 
thereby significantly reducing costs and eliminating the disagreement 
raised by this commenter. Seven commenters said we had failed to 
demonstrate a need for lockouts, and five said we failed to show the 
need for odorizers. Many pointed out that lockouts would not have 
prevented many of the reported carbon dioxide-related casualties in 
recent years, and that we cited no studies to show that odorizers would 
provide better protection than the audible and visual alarms that 
already protect most vessels.
    In response to these comments, we will not require the retrofitting 
of existing CO2 systems, but we will apply the lockout and 
odorizer requirements only to new CO2 systems regardless of 
vessel class. Although we have only limited casualty data for some 
vessel classes, we think the risk of inadvertent CO2 system 
discharge is common to all classes and requires a uniform regulatory 
approach. Furthermore, while alarms provide advance warning of an 
imminent discharge, they do not provide similar protection after a 
discharge when pockets of CO2 can pose a serious risk of 
fatality. Similarly, lockouts provide better protection than alarms in 
scenarios where evacuation is not feasible despite the advance warning 
provided by alarms.
    We acknowledge that our lockout and odorizer requirements may not 
eliminate the risk of casualties related to CO2 exposure, 
but we believe they will reduce that risk. CO2 exposure is a 
potential health hazard recognized by government agencies like the 
National Institute of Occupational Safety and Health (see their 
publication NIOSH 76-194, ``Criteria for a Recommended Standard--
Occupational Exposure to Carbon Dioxide,'' available at http://www.cdc.gov/niosh/76-194.html) and the Environmental Protection Agency 
(EPA), and by industry groups like the National Fire Prevention 
Association (NFPA). Internationally, 19 incidents since 1980, involving 
55 deaths and at least 29 injuries, indicate the reality and extent of 
the risk with respect to marine CO2 fire suppression 
systems. To the extent U.S. vessels are equipped with those systems, we 
think they share in that risk.
    Two commenters questioned the need for lockout or odorizer 
requirements on passenger or towing vessels, which are already required 
by Coast Guard regulations to have central alarms that sound in advance 
of a carbon dioxide discharge. Lockouts and odorizers provide 
protection that alarms and discharge delays cannot. The lockout is a 
positive control to prevent discharge into protected spaces during 
maintenance and testing, when any other safety control or method may be 
turned off or potentially misaligned. Unlike alarms, odorizers are not 
primarily intended to notify persons who are in a protected space when 
CO2 is inadvertently discharged. The odor allows crewmembers 
to positively identify where the gas has lingered in protected spaces 
or migrated to other spaces after an intentional or inadvertent 
release. This is important, as CO2 gas is heavier than air 
and can easily migrate or collect in unanticipated areas even after the 
spaces have been ventilated naturally or mechanically.
    Alternative systems. Five commenters addressed our proposals for 
CO2 alternative fire protection systems. One of the five 
said that if there are safer

[[Page 33863]]

alternatives that work as well as carbon dioxide, ``those systems ought 
to be considered and offered as options.'' The other four generally 
agreed with the comment that recognition of ``other clean agent systems 
appears to be overdue and should go forward.'' We agree with these 
comments.
    One commenter, an EPA employee, recommended limiting the use of 
carbon dioxide systems in new installations. Another commenter 
recommended incorporating the 2010 version of NFPA 13, a standard for 
sprinkler systems, in 46 CFR part 34, instead of the 1996 edition that 
we currently incorporate by reference, and also recommended 
incorporating NFPA standards for water mist, spray, and foam fire 
suppression systems. These recommendations are beyond the scope of this 
rulemaking, and not necessary to reach our regulatory goals of 
providing protective measures where CO2 systems are used and 
a regulatory structure for CO2 alternative (clean agent) 
fire suppression systems.
    Lockouts. Twelve commenters addressed the NPRM's proposed 
requirement for lockouts on carbon dioxide systems. One of these 
acknowledged that lockouts could be useful when persons unfamiliar with 
a vessel perform maintenance on the CO2 system. Two 
commenters agreed with our proposal, one of them pointing out that 
lockouts ``are widely used low-cost methods for reducing the risk to 
personnel in spaces protected with carbon dioxide.''
    Four commenters questioned the need for, or effectiveness of, 
lockouts. Three of the four said vessel operators already use rigorous 
procedures, sirens, and strobe lights to warn personnel in the event of 
a carbon dioxide discharge. The fourth pointed out that, during 
CO2 system maintenance, a trained and certified 
manufacturer's representative should always be present to ensure that 
written safety protocols are observed, and that the crew should verify 
compliance with those protocols. In his view, therefore, lockouts are 
not needed. Our position is that lockouts provide protection that the 
measures cited by these commenters cannot. The lockout valves are 
intended to provide protection during repair and maintenance procedures 
to the system, preventing an accidental discharge with a positively 
closed valve, whereas existing measures simply warn of an impending 
accidental (or intentional) discharge. There are many ways in which a 
CO2 system can discharge inadvertently during maintenance 
and testing. Because each system is uniquely engineered and arranged to 
suit the space it protects, even experienced technicians may be 
unfamiliar with a system designed to protect multiple spaces with 
multiple actuation methods and locations. The lockout gives the master 
or person-in-charge an ultimate, positive control to prevent discharge 
into protected spaces at a time when any other safety controls may be 
turned off or potentially misaligned.
    Five commenters said the lockout requirement might have unintended 
adverse consequences. A typical comment from these five said that 
personnel might fail to reopen the lockout once the need for closing 
the CO2 system ends, and that this failure might not be 
noticed until a fire triggers the need for the CO2 system to 
discharge. The commenter contrasted that possibility with electrical 
systems, where inadvertent failure to reopen a lockout would result in 
continued disruption of electrical service and would be noticed 
immediately. Turning the valve on and off each time a crewmember enters 
a protected space is not the intended use of the valve. Our regulatory 
text now clarifies that the lockout is to close the system only during 
system maintenance and testing, and that the master or person-in-charge 
must ensure that the valve is locked open when maintenance or testing 
is completed. Finally, we will ensure that when we review a 
manufacturer's maintenance manual, we verify that using and unlocking 
the lockout valve is discussed in the manual's maintenance procedures. 
Such procedures have proven to be effective where CO2 
lockout valves have been used.
    Another commenter suggested that, instead of requiring the master 
to ensure that a carbon dioxide system is returned to service after 
maintenance, we should require ``a lockout/tag-out system, which is a 
more generally accepted method to ensure that each valve * * * is 
correctly positioned after maintenance.'' We support, but do not 
require, the use of lockout/tag-out systems, and believe we achieve 
similar protection by requiring the lockout design or locking mechanism 
to make it obvious whether the valve is open or closed.
    Four commenters suggested alternatives or modifications to our 
proposal. One commenter cited the International Maritime Organization's 
International Code for Fire Safety Systems (FSS Code) requirement for 
the use of two independent valves to control the release of a 
CO2 system and, noting that the FSS Code also allows for the 
use of a lock box and key to prevent activation of the flooding system, 
said that ``[a]s the lock box is designed to work with an existing 
system controls it will be easier to install and maintain'' than a 
lockout valve. We also require a dual-action release arrangement on 
most spaces larger than 6,000 cubic feet, and passenger vessels are 
required to have a locked box to protect the release handles against 
inadvertent discharge. The locked boxes and dual action releases help 
to ensure that the system is only activated when intended, and that the 
agent is released to the desired space during an emergency. The use of 
a locked box reduces the probability of tampering or inadvertent 
release by inquisitive or malicious passengers. Lockout valves, on the 
other hand, serve to protect personnel during system maintenance and 
testing, when accidental discharges have been known to occur.
    A second commenter suggested that, as an alternative to requiring 
lockouts, a ``better approach for life safety would be to prohibit new 
installations of carbon dioxide systems.'' This suggestion is beyond 
the scope of this rulemaking, which seeks only to provide protective 
measures where CO2 fire suppression systems are used, and to 
provide a regulatory structure for CO2 alternative (clean 
agent) systems.
    Finally, a third commenter said we should substitute ``master or 
person-in-charge'' for ``master'' as the person responsible for 
ensuring the reopening of carbon dioxide system valves after 
maintenance, because not all vessels use masters, or use masters only 
when the vessel is underway. We have made the suggested change.
    Odorizers. Eleven commenters addressed our odorizer proposal. Two 
supported our proposal, and one of these two said odorizers ``are 
widely used low-cost methods for reducing the risk to personnel in 
spaces protected with carbon dioxide.''
    One commenter asked if we intended to require adding wintergreen 
scent directly to the carbon dioxide gas stored in system cylinders, or 
if we intended to require even hand-held pressurized CO2 
cylinders to be odorized. Neither is our intent. However, if it ever 
becomes feasible to odorize CO2 directly in the cylinder, 
this could be considered for approval as a regulatory equivalent to our 
requirement for the CO2 system to have an approved odorizing 
unit.
    Seven commenters questioned the effectiveness of an odorizer 
requirement. Most asked why we think odorizers are superior to the 
sirens, strobe lights, or other alarms they already use to warn 
personnel in the event of a carbon dioxide discharge. In our view 
odorizers are not necessarily superior to those other alarms, but a

[[Page 33864]]

natural complement to existing protective measures. Alarms are intended 
to alert personnel in the protected space when a CO2 system 
discharges. The alarm is short and stops once the gas has stopped 
flowing from the storage bottles. Because the gas is naturally odorless 
and colorless, the addition of an odorizer will signal to personnel 
where the CO2 gas is and will provide notice as long as it 
remains, and will continue to provide an alert to danger after 
discharge. Further, the odor provides easy indication if it remains in 
the protected space or if the gas has migrated, perhaps unexpectedly, 
to other compartments. Being alerted to where the CO2 gas is 
and how long it remains should enhance the safety of personnel. The 
longstanding use of mercaptan to signify the presence of natural gas 
and the successful use of wintergreen odorizers for shore-based 
CO2 systems show the validity of such requirements. For 
example, the Nuclear Regulatory Commission's NRC Information Notice 99-
05 describes an incident in which a security guard was alerted to the 
dangerously concentrated presence of migrated CO2 in an area 
outside of a protected space by its wintergreen scent. With crew 
familiarization, and the explanatory signage we require, personnel will 
become accustomed to wintergreen being associated with CO2 
discharges, just as they learn to differentiate other alerts such as 
bells and sirens in their workplace.
    One commenter pointed out that carbon dioxide casualties in recent 
years have resulted from persons being trapped in spaces during carbon 
dioxide discharges, and not from a lack of warning. We acknowledge that 
odorizers, by themselves, will not prevent a trapping incident. 
However, the odorizer will at least give a person additional warning 
that he or she should exit the space if possible and it may also alert 
others nearby who can help extricate any trapped person, and will alert 
individuals to potentially dangerous concentrations post-discharge.
    Another commenter asked whether an offensive odor might work better 
than wintergreen, and raised practical concerns about how the crew 
would recognize the scent if it was masked by other environmental 
conditions, such as the presence of perfume or cleaning agent odors. We 
chose wintergreen because it is required, except when it is already in 
common use for non-emergency purposes in the system location, by the 
National Fire Protection Association's commonly-used NFPA 12 Standard 
on Carbon Dioxide Extinguishing Systems, and therefore is widely and 
inexpensively available. Personnel are likely to respond to an unusual 
scent without regard to how pleasant it smells, especially if they are 
trained to do so. If other environmental odors are strong enough to 
cause notice, they will prompt a simple investigation that presumably 
will quickly allay concerns of a CO2 leak. Wintergreen is 
used on shore-based systems in part to avoid confusing a CO2 
presence with the presence of mercaptan-laced natural gas.
    Three commenters suggested alternatives to our proposal. As other 
commenters also observed, one commenter said wintergreen may be 
confused with other scents in use on the vessel. Therefore this 
commenter suggested using an odor other than wintergreen, or adding 
color to the carbon dioxide gas. Our existing regulations allow for the 
approval of regulatory equivalents when strict compliance with 
regulatory requirements is impractical, and when there are alternatives 
that can be shown to achieve the same level of safety that the 
regulations provide. Owners and operators who find it impractical to 
use the wintergreen odor may have another odor approved under these 
equivalency provisions. However, we expect most systems to use 
wintergreen, given its acceptance for shore-based systems under NFPA 12 
and its wide and inexpensive availability. The success and availability 
of wintergreen additives in the shore-based systems provide the basis 
for choosing this as the standard. We will continue to monitor industry 
standards for the success of alternative scents or adding color to 
carbon dioxide gas.
    A second proponent of alternatives suggested prohibiting the 
installation of new carbon dioxide systems instead of requiring systems 
to be odorized. This comment is beyond the scope of this rulemaking, 
which seeks only to provide protective measures where such systems are 
used, and to provide a regulatory structure for CO2 
alternative (clean agent) fire suppression systems.
    The third proponent of alternatives suggested using plastic wrap to 
detect leaks rather than requiring odorizers. This suggestion is also 
beyond the scope of this rulemaking. Further, it would only help those 
looking for a leak to detect it, assuming the wrap happened to be in 
place at the location of the leak, but it would not alert persons who 
are engaged in other activities at the time of an indavertant discharge 
as the odorizers are designed to do. Existing requirements for annually 
validating the weight of fire suppression agents provide routine 
protection against the small leaks that the commenter's suggestion 
would target, but they do not focus on the full discharge that is the 
focus of this rulemaking.
    Cost information. Eight commenters provided information about the 
cost of our proposals. One commenter provided a combined estimate of 
$3,472 to meet both the lockout valve and odorizer proposals.
    Four commenters provided cost estimates for lockout valves. Two of 
these supplied estimates ranging between $800 and $1,800 per lockout 
valve. A third estimated that a lockout valve for a less-than-2-inch 
pipe would cost $2,895. The fourth estimated that the total cost of 
lockouts for the commenter's 30 vessels would be $175,000, but did not 
estimate the total number of lockouts that would be required.
    Three commenters provided cost estimates for odorizers. One said 
the cost of odorizing a system would be $400. Another estimated the 
cost at $3,225, and had received a discounted estimate of $25,329 for 
eight tanks. The third estimated the cost, for 30 vessels, as $75,000, 
but did not indicate how many tanks would require treatment.
    We have incorporated the additional specific cost information 
provided by these commenters as appropriate based on the completeness 
of data and sources provided. This final rule reflects new national 
average costs accordingly. In the NPRM, we gave the national average 
cost for lockout valves under two inches as $1,258, and $3,188 for 
lockout valves two inches or more in length. The new figures are $2,076 
and $4,925 respectively.
    Four commenters, some of whom acknowledged that the costs of our 
specific proposals might be reasonable, stated that our proposals were 
unreasonable when considered cumulatively with the cost of other recent 
Federal regulations, including Coast Guard regulations, affecting 
vessel owners and operators. Two of these commenters operate dinner 
cruise vessels, and cited their inability to pass these cumulative 
costs to their customers without harming their ability to compete with 
land-based recreational attractions not subjected to marine safety 
regulations. We reviewed our proposed regulation in light of the cost 
concerns cited by commenters, and we have modified the regulatory text 
for the final rule to minimize costs. Existing vessels will not be 
affected by our lockout and odorizer requirements unless they install 
or alter a CO2 system. We encourage vessel owners and 
operators to voluntarily modify existing CO2 systems to 
include lockouts and

[[Page 33865]]

odorizers, but we will not require them to do so. We acknowledge the 
new Executive Order 13563 of January 2011 (``Improving Regulation and 
Regulatory Review'') that asks Federal regulatory agencies to ``tailor 
regulations to impose the least burden on society, consistent with 
obtaining regulatory objectives, taking into account, among other 
things, and to the extent practicable, the costs of cumulative 
regulations.'' In this rule, we have sought to minimize the cumulative 
impacts on industry by removing the NPRM requirements for existing 
vessels unless the CO2 system is altered. Consequently, in 
this final rule we reduced the incremental cumulative cost to industry 
from the NPRM's figure of $9.8 million to $2.3 million, a reduction of 
$7.5 million or 77 percent over 10 years (using a 7-percent discount 
rate).
    Regulatory analysis. One commenter, an industry association, stated 
the breakeven analysis is contradicted by actual experience since the 
Coast Guard found no CO2-related fatalities in the U.S. 
commercial fleet in 13 years. The commenter also said we did not 
account for other factors that might have been involved in the 
casualties linked to carbon dioxide discharges, pointing out that many 
casualties occurred on foreign-flagged or naval vessels that would not 
be subject to our rule, and said we should have included in the 
rulemaking docket those NFPA and EPA studies that we discuss in the 
analysis. We acknowledge that most of the CO2 casualties 
occurred on foreign vessels or naval vessels. However, the hazard and 
vessel similarities suggest a risk remains on U.S. flag commercial 
vessels. The primary hazard in the incidents mentioned above was an 
unintended or accidental CO2 release. The breakeven and 
uncertainty analysis in the preliminary regulatory analysis for the 
NPRM acknowledged many of these concerns. The breakeven analysis of the 
NPRM (which included all new and existing fire suppression systems on 
certain classes of commercial vessels) found that the rule would need 
to prevent 0.22 fatalities per year to break even, or about one 
fatality every 4-5 years. By extension, breakeven could be achieved by 
preventing multiple fatalities over longer periods. This analysis did 
not include the value of potential non-fatal injuries and secondary 
impacts. As this rulemaking seeks to reduce risk to the crew on vessels 
with CO2 fire suppression systems, the potential value of 
the avoided damages at risk is quite large in comparison to the 
relatively minor costs of the proposed safety measures in the NPRM. In 
addition, we further minimized costs in this final rule by removing the 
NPRM requirements for all existing vessels unless the CO2 
system is altered (in which case, that smaller subset of vessels would 
be going through a refurbishment). We believe this balance of both 
reduced costs and reduced risks makes this final rule the most 
effective alternative. We do not believe ``no action'' is an 
alternative given the inherent risks with CO2 fire 
suppression systems. Coast Guard accident data reveal two more recent 
casualties, from a single incident, that were not reflected in our 
original analysis for the NPRM. Those casualties (crewmembers) 
recovered, but their exposure to an accidental release of carbon 
dioxide demonstrates that a risk remains with CO2 fire 
suppression systems. We have modified the breakeven analysis for the 
final rule to reflect the revised applicability and reduced cost. The 
final rule would need to prevent one fatality every 27 years for the 
benefits of the rule to equal or exceed the costs. Regarding the EPA 
and NFPA reports, we did not place them on the docket because the EPA 
report is accessible online at http://www.epa.gov/ozone/snap/fire/co2/co2report.pdf and the NPFA reports are available free online as read-
only documents at http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=12.
    Timing of implementation. One commenter criticized as 
``inadequate,'' without further explanation, the NPRM's proposal for a 
5-year phase-in of lockouts and odorizers for existing carbon dioxide 
systems. We have modified these requirements in the final rule so that 
they will not affect existing systems, only new CO2 systems.
    Small business impacts. One commenter stated that most domestic 
passenger vessels are operated by small businesses or small entities. 
Given absence of documented need for application of the proposed rule 
to this sector of the maritime industry, the Coast Guard has a 
statutory duty to more rigorously examine the proposal's consequences 
for small businesses and entities. In the NPRM and its supporting 
regulatory analysis on the docket, we summarized and prepared an 
initial regulatory flexibility analysis discussing the impacts of this 
proposed rule on small entities. We performed this analysis as required 
by the Regulatory Flexibility Act (5 U.S.C. 601-612). As required by 
section 603(b) of the Act, we provided detailed discussion in response 
to the following: (1) A description of the reasons why action by the 
agency is being considered; (2) a succinct statement of the objectives 
of, and legal basis for, the proposed rule; (3) a description of and, 
where feasible, an estimate of the number of small entities to which 
the proposed rule will apply; (4) a description of the projected 
reporting, recordkeeping and other compliance requirements of the 
proposed rule, including an estimate of the classes of small entities 
which will be subject to the requirement, and the type of professional 
skills necessary for preparation of the report or record; (5) an 
identification, to the extent practicable, of all relevant Federal 
rules which may duplicate, overlap or conflict with the proposed rule; 
and, under section 603(c) of the Act, a description of any significant 
alternatives to the proposed rule which accomplish the stated 
objectives of applicable statutes and which minimize any significant 
economic impact of the proposed rule on small entities. After 
performing and documenting this analysis, we found that we could 
certify under 5 U.S.C. 605(b) that this rulemaking would not have a 
significant economic impact on a substantial number of small entities. 
We solicited public comments on this finding. We reviewed our proposed 
regulation in light of the cost concerns cited by commenters, and we 
have modified the regulatory text for the final rule to minimize costs 
to small entities, eliminating the need for existing vessels to meet 
our lockout and odorizer requirements unless they install or alter a 
CO2 system.
    Preemption. Throughout this final rule, we have added new text 
explaining the preemptive effect of our regulations. See the 
``Federalism'' discussion in part VII.E of this preamble for a full 
discussion.
    Beyond scope of rulemaking. One commenter said carbon dioxide 
systems should be banned for new and retrofit installations because of 
the availability of better alternatives, and that we should ban gas-
driven alarms and shutdowns in favor of alarms and shutdowns that are 
not gas-driven. A second commenter said the Coast Guard should 
routinely hold at least one public meeting in connection with any 
rulemaking. These suggestions are all beyond the scope of this 
rulemaking, which seeks only to provide protective measures where 
carbon dioxide systems are used, and to provide a regulatory structure 
for CO2 alternative (clean agent) fire suppression systems.

VI. Incorporation by Reference

    The Director of the Office of the Federal Register has approved the 
material in 46 CFR 34.01-15, 147.7, and

[[Page 33866]]

162.161-2 for incorporation by reference under 5 U.S.C. 552 and 1 CFR 
part 51. Copies of the material are available from the sources listed 
in those sections.

VII. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Our analyses based on 14 of 
these statutes or executive orders are presented below.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This final rule is not a significant regulatory 
action under section 3(f) of Executive Order 12866. The final rule has 
not been reviewed by the Office of Management and Budget. A Final 
Regulatory Analysis is available in the docket as indicated under 
ADDRESSES. A summary of the Final Regulatory Analysis follows:
    Table 2 summarizes a comparison of the costs and benefits of the 
NPRM and the final rule:

                           Table 2--Comparison of Impacts Between NPRM and Final Rule
----------------------------------------------------------------------------------------------------------------
            Category                        NPRM                    Final rule               Change/reason
----------------------------------------------------------------------------------------------------------------
Affected population............   Retrofit systems   No retrofits....   Final rule does
                                  on existing vessels:       Lockout valves     not include requirements
                                  3,204 existing CO2         required for about 2       for existing vessels to
                                  systems would require      altered CO2 systems per    retrofit and install
                                  lockout valves.            year for existing          lockout values and
                                  New systems on     vessels.                   odorizers unless the CO2
                                  new vessels: 34 new CO2    New systems on     system is altered.
                                  systems would require      new vessels: 53 CO2        Data refreshed
                                  lockout valves per year..  systems required lockout   for new construction
                                  All existing       valves per year.           totals.
                                  vessels require            Odorizers
                                  odorizers for 7,815 CO2    required for about 5
                                  systems. New vessels       modified or replaced
                                  require odorizers for 46   systems per year for
                                  CO2 systems per year..     existing vessels. New
                                                             vessels require
                                                             odorizers for 128 CO2
                                                             systems per year.
Unit costs that have changed:     Under 2 inches:    Under 2 inches:    Unit costs
 Lockout valves \*\.              $1,258.                    $2,076.                    increased for lockout
                                  Over 2 inches:     Over 2 inches:     valves based on data and
                                  $3,188..                   $4,925..                   information provided in
                                                                                        public comments.
Costs (based on 7% discount       10-year costs:     10-year costs:     Cost reduced
 rate and 10 year period of       $9.8 million.              $2.3 million.              since final rule does
 analysis).                       Annualized         Annualized         not include requirements
                                  costs: $1.4 million..      costs: $233,000            for existing vessels to
                                                             (rounded).                 retrofit and install
                                                                                        lockout values and
                                                                                        odorizers unless the CO2
                                                                                        system is replaced,
                                                                                        altered, or added.
                                                                                        Unit costs
                                                                                        increased for lockout
                                                                                        valves based on data and
                                                                                        information provided in
                                                                                        public comments.
                                                                                        However, the increased
                                                                                        cost estimate for
                                                                                        lockout valves is
                                                                                        greatly offset by the
                                                                                        removal of requirements
                                                                                        for existing vessels as
                                                                                        previously discussed.
Benefits.......................  The primary benefit is     The primary benefit of     Final rule scope of
                                  the reduction in risk of   this final rule is the     benefits is for systems
                                  crew injuries and          reduction in risk of       on new vessels and
                                  fatalities related to      crew injuries and          existing vessels as
                                  CO2 exposure from fire     fatalities related to      systems are altered,
                                  suppression system         CO2 exposure from fire     resulting in lowering
                                  discharges in existing     suppression system         risk reduction. While
                                  vessels and new            discharges in              not quantified, the
                                  construction.              refurbished existing       benefits of this final
                                                             vessels and new            rule are reduced
                                                             construction.              compared to the proposed
                                                                                        rule since these systems
                                                                                        are being phased in more
                                                                                        slowly.
                                 Regulatory efficiency:     Regulatory efficiency:
                                  Rulemaking formalizes      Rulemaking formalizes
                                  and codifies Coast Guard   and codifies Coast Guard
                                  acceptance of              acceptance of
                                  alternative fire           alternative fire
                                  suppression systems.       suppression systems.
Breakeven analysis \**\........  The NPRM (which included   The final rule would need  As a result of reduced
                                  all existing vessels)      to prevent about .037      costs, the breakeven
                                  would need to prevent      fatalities per year or     analysis suggests that
                                  about 0.22 fatalities      about one fatality every   it would take very
                                  per year or about 1        27 years for the           little monetized
                                  fatality every 4-5 years   benefits of the final      benefits for the final
                                  for the benefits of the    rule to equal or begin     rule to equal or begin
                                  NPRM to equal or begin     to exceed the costs.       to exceed costs.
                                  to exceed the costs.       This analysis does not     Consequently, there is a
                                  This analysis did not      include the value of       5-7 fold decrease in
                                  include the value of       potential non-fatal        mishap frequency needed
                                  potential non-fatal        injuries and secondary     for the benefits of this
                                  injuries and secondary     impacts.                   rule to equal or exceed
                                  impacts.                                              the costs.
----------------------------------------------------------------------------------------------------------------
* These are average unit costs for lockout valves. Final rule unit cost estimates for odorizers did not change
  since the NPRM.

[[Page 33867]]

 
** Breakeven analysis answers the question, ``How small could the value of the non-quantified benefits be before
  the rule would yield zero net benefits?'' OMB guidance also acknowledges that it will not always be possible
  to express in monetary units all of the important benefits of a rule. See OMB Circular A-4 ``Regulatory
  Analysis'' (2003), page 2.

    The purpose of this final rule is to advance the Coast Guard's 
strategic goals of marine safety and maritime mobility by clarifying 
and codifying the requirements for fire suppression systems that use 
carbon dioxide alternatives, and by requiring lockout valves and 
odorizers to provide safety on certain vessels that use carbon dioxide 
fire suppression systems. This final rule applies two new requirements 
that have additional costs to industry, lockout valves and odorizers, 
to all CO2 suppression systems installed or altered after 
July 9, 2013. ``Altered'' means modified or refurbished beyond the 
maintenance required by the manufacturer's design, installation, 
operation and maintenance manual. Lockout valves must be installed in 
systems protecting any space with a gross volume greater than 6,000 
cubic feet. According to Coast Guard Marine Investigation Security and 
Law Enforcement (MISLE) data, this requirement will affect an average 
of 53 systems on new vessels and about two systems on existing vessels 
each year. Odorizers must be installed in CO2 systems for 
new vessels and existing vessels with altered systems. According to 
MISLE data, this requirement will affect an average of 128 
CO2 systems of all sizes on newly constructed vessels and 
about five systems of all sizes on refurbished vessels each year.
    Under the NPRM, all affected commercial vessels would have been 
required to install lockout valves and odorizers. This would have 
required existing commercial vessels to retrofit these devices. A major 
change from the NPRM is that the final rule will only affect newly 
constructed commercial vessels and those commercial vessels that may 
have alterations of existing systems. Furthermore, NPRM commenters 
provided additional data on the costs of lockout valves, which has been 
incorporated into our estimates and results in a higher unit cost for 
lockout valves. As a result of the adjustments to the proposed 
regulation, total costs for the final rule decrease in comparison to 
the NPRM despite an increase in unit cost for lockout valves.
    Based on industry data and public comments, we estimate the average 
industry prices for installing retrofit large and small lockout valves 
on new vessels to be $4,925 and $2,077, respectively. Systems that 
handle more than 2,450 pounds of CO2 require a valve larger 
than 2 inches. Of the two systems for refurbished vessels affected 
annually by this proposed rule, .7, on average, would require the 
larger, more expensive lockout valves, while 1.4, on average, systems 
require the smaller valves for a total undiscounted cost of about 
$6,184. Of the 52.5 systems for newly constructed vessels affected 
annually by this rule, 17.3 would require the larger, more expensive 
lockout valves, while 35.2 systems require the smaller valves for a 
total undiscounted cost of about $158,368. The annual undiscounted cost 
for owners of newly constructed and refurbished vessels with systems to 
meet the lockout valve requirement of this rule would be approximately 
$164,552 for each year. Industry would incur this cost for each year 
over the ten-year period of analysis.
    As for odorizers, we estimate that the installed costs, including 
three warning signs, are $516/unit based on industry information. We 
estimate the total annual undiscounted cost of the refurbished vessels 
to be $2,582. For systems on newly constructed vessels, the total 
undiscounted annual cost is $66,105. We estimate the total annual 
undiscounted cost to be about $68,687 for all 133 CO2 
protected areas on these vessels. The total cost per vessel would be 
dependent on the number of areas protected by CO2.
    The total annual undiscounted cost for both lockout valves and 
odorizers for new or refurbished vessels is about $233,000 (rounded). 
We estimate the total present value 10-year cost of the final rule to 
be $1.638 million at a seven percent discount rate. This represents 
about an 83-percent cost reduction from the NPRM total present value 
10-year cost estimate of $9.8 million. We estimate the annualized cost 
of the final rule to be $233,000 compared to $1.4 million for the NPRM 
(estimates using a seven percent discount rate).
    This final rule also issues new regulations for installing, 
maintaining, and using approved CO2 alternative (clean 
agent) fire suppression systems. We believe this promotes safety and is 
advantageous to industry since these alternative systems provide 
additional flexibility to industry and formalizes the Coast Guard's 
policy of approving these alternative systems. Commenters supported the 
NPRM provisions for alternative systems (see ``Discussion of Comments 
and Changes'').
    As discussed in the NPRM, this rule clarifies Coast Guard approval 
of alternatives to using CO2 systems. We estimate that these 
provisions will not have an additional cost impact because the Coast 
Guard has been approving alternative systems on an ad hoc basis. We 
expect these approved installed alternative systems will be compliant 
with the requirements for alternative systems proposed in this rule. We 
did not receive comments to the NPRM on additional costs for these 
regulations for alternative systems. In addition, the use of halocarbon 
(one of a number of alternatives) fire suppression systems has been 
making steady inroads in recent years (2006-2010). As discussed in the 
NPRM, our updated records indicate that industry installed an average 
of 32 halocarbon fire suppression systems compared to an average of 65 
CO2 fire suppression systems with capacity over 6,000 cubic 
feet annually.
Benefits
    The primary benefit associated with this rule is the reduction in 
risk of injuries and fatalities related to CO2 exposure. 
CO2 exposure has long been recognized as a potential hazard 
to human health. The National Institute of Occupational Safety and 
Health, in its publication NIOSH 76-194, ``Criteria for a Recommended 
Standard--Occupational Exposure to Carbon Dioxide,'' available at 
http://www.cdc.gov/niosh/76-194.html, has set criteria for a standard 
for limits of exposure to CO2 in workplace settings.
    Other Federal and industry agencies and associations have also 
recently concluded that CO2 fire suppression systems could 
pose a risk. For example, the National Fire Prevention Association 
guidance in its 2005 edition for CO2 fire suppression 
systems located on land states that ``total flooding CO2 
suppression systems shall not be used in normally occupied 
enclosures.'' In addition, the EPA, in its 2000 report, ``Carbon 
Dioxide as a Fire Suppressant: Examining the Risk,'' has suggested that 
clarifying maritime regulation would be beneficial to reducing 
accidental exposure.
    We searched the MISLE database for casualty reports between 1996 
and 2010 to find personnel casualties related to CO2 fire 
suppression systems discharged in areas with personnel. We found one 
non-fatal incident in the U.S. commercial fleet during the 15-year 
period analyzed for this rulemaking. As previously stated, 
CO2 flooding can

[[Page 33868]]

cause fatalities to people who are in CO2-protected spaces 
when the odorless CO2 gas is discharged accidentally, or 
without adequate warning to evacuate. Exposure to an accidental release 
of carbon dioxide demonstrates that a risk remains in the regulated 
fleet covered by this rule. The danger of CO2 flooding can 
be reduced by the use of lockout valves that are locked ``off'' when 
someone is conducting maintenance in the CO2 system as well 
as the use of odorizers to help the person at risk detect 
CO2 discharges.
    In addition, there have been incidents in military and foreign 
fleets. Due to these aggregate incidents, we conclude that some 
(unquantifiable) risk remains present. Given this situation, wherein we 
are not able to quantify the remaining risk and risk reduction for the 
purposes of this rulemaking, we used a ``breakeven analysis'' to 
understand the benefits of this rule.
    In breakeven analysis, we compare the known costs to an estimate of 
a loss to determine a threshold. In safety regulations, it is common to 
use the ``value of a statistical life'' (VSL) concept to measure a 
loss. The VSL is not meant to be an estimate of the actual value of a 
life, but a measure of society's willingness to pay to reduce small 
risks of fatalities. Using the annualized costs at a seven percent 
discount rate over a ten-year period, or $233,320 for the final rule, 
we can compare it to the VSL's $6.3 million.\1\ The final rule would 
need to prevent 1 fatality in 27 years, or 0.037 fatalities per year to 
break even. The NPRM (which included all new and existing fire 
suppression systems on certain classes of commercial vessels) would 
have needed to prevent about 0.22 fatalities per year or about 1 
fatality every 4-5 years for the benefits of the NPRM to equal or begin 
to exceed the costs. The breakeven analysis of the NPRM and final rule 
did not include the value of potential non-fatal injuries and secondary 
impacts.
---------------------------------------------------------------------------

    \1\ ``Valuing Mortality Risk Reductions in Homeland Security 
Regulatory Analyses'', DHS/CBP, June 2008.
---------------------------------------------------------------------------

    Finally, a secondary benefit of this rule is the expediting of 
applications for approval of alternative systems. These systems, using 
non-CO2 agents, have been approved on a case-by-case basis 
for years. The final rule will make these requirements clearer. These 
qualitative changes of reducing transaction costs are not easily 
translated into quantitative cost impacts, so none were estimated. In 
addition, the increased clarity with regards to the requirements for 
alternative systems may foster the increased development and use of 
these potentially safer systems.
Regulatory Alternatives
    We considered three alternatives for this rulemaking:
    Alternative One--No action. We rejected this alternative as 
unacceptable since risk would remain under the existing regulations. 
Also, because the current regulations do not specifically address the 
use of alternative ``clean agent'' fire suppression systems, there 
would be continued uncertainty in selecting and using these systems as 
well as obtaining Coast Guard approval for them. This alternative was 
rejected for both the NPRM and the final rule.
    Alternative Two--Ban the use of CO2 fire suppression 
systems. While a risk exists, a complete prohibition of CO2 
systems could require a complete retrofit of existing commercial 
vessels affected and be prohibitively expensive. This alternative was 
rejected for both the NPRM and the final rule.
    Alternative Three--Amend Coast Guard regulations to clarify that 
approved alternatives to CO2 systems are permissible, to set 
general parameters for those alternative systems and for getting them 
approved, and to require the use of lockout valves and odorizers in all 
spaces protected by CO2 systems on new and refurbished 
vessels. In our view, this alternative is the best approach to reducing 
risk and minimizing cost to the marine industry as we are aware that 
CO2 generally remains the least expensive agent available 
for these systems. Consequently, this alternative was used as the basis 
for the NPRM for new construction and all existing fire suppression 
systems on certain classes of commercial vessels in a retrofit mode. 
After reviewing public comment and considering the amended cost basis, 
we have amended the rules proposed in our NPRM and will apply this 
regulation only to new or refurbished vessels. This final rule 
Alternative Three is a modification of the NPRM Alternative Three.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. A final regulatory 
flexibility analysis discussing the impact of this final rule on small 
entities is available in the docket and contained in the final 
regulatory analysis where indicated under ADDRESSES.
    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.
    The entities affected by this proposed rule are generally found 
under the North American Industry Classification System (NAICS) codes 
for water transportation. The most common NAICS codes include the 
following 6-digit NAICS codes for marine transportation: 483212-Coastal 
and Great Lakes Freight Transportation, 487210-Scenic and Sightseeing 
Water Transportation, and 532411-Commercial Air, Rail, and Water 
Transportation Equipment Leasing. A complete listing of the relevant 
NAICS codes may be found in the NPRM's regulatory analysis. We examined 
employment levels and revenue of the entities that will be affected by 
this final rule and based on the available data; we estimate that about 
56 percent of entities affected by the final rule requirements are 
small under the Regulatory Flexibility Act and the SBA size standards.
    The final rule's regulatory analysis used a higher unit cost 
adjusted as a result of comments received on the NPRM. This higher unit 
cost increased the cost impacts on revenue for affected entities. This 
did not change our overall finding from the NPRM that this rule did not 
have a significant economic impact on a substantial number of small 
entities. As previously explained, we have significantly reduced the 
scope of this regulation compared to the proposed rule. We estimated 
the proposed rule would have directly regulated approximately 400 small 
entities, while we estimate this final rule will directly regulate only 
31 small entities.
    As a result of our analysis of 2010 MISLE data on new construction 
vessels and refurbishment vessels, we concluded that small entities 
likely comprise 56 percent (or approximately 31 unique businesses) of 
the total population evaluated. Of these 31 businesses, we found 
revenue data on 15 entities. The balance of 16 unknown size entities 
was assumed to be small by SBA standards. Under our methodology, we 
assume an entity is small unless we can find evidence that indicates it 
is not. We determined that 80 percent of

[[Page 33869]]

small entities would have an annual revenue impact of less than 1 
percent. Further, we estimated that the impact on 93 percent of these 
small entities would be less than 3 percent of annual revenue. Table 3 
provides details of these conclusions.

                           Table 3--Comparison of NPRM and Final Rule Revenue Impacts
----------------------------------------------------------------------------------------------------------------
              Category                NPRM result    FR result                        Change
----------------------------------------------------------------------------------------------------------------
Small Business Affected............           400            31  Applicability of Vessel Groups.
0% <= Impact <= 1%.................           84%           80%  Unit Cost Increased.
1% < Impact <= 3%..................           16%           13%  ...............................................
3% > Impact <= 5%..................  ............            7%  ...............................................
                                    ----------------------------------------------------------------------------
    Total..........................          100%          100%
----------------------------------------------------------------------------------------------------------------
 Source: USCG Calculations.

    The final rule reduced the impact on the number of small entities 
affected since the vessels affected are a much smaller group of new 
construction and refurbished vessels and excludes the retrofit vessels 
originally included in the NPRM. By reducing the scope of this final 
rule in response to public comment, we have reduced the revenue impact 
not only on the whole industry, but on the small entities as well.
    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.

C. Assistance for Small Entities

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

D. Collection of Information

    This final rule would not require a new collection of information 
or a revision to an existing collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The Coast Guard 
did not receive any COI-related comments to the NPRM.
    The Coast Guard has been approving alternatives to CO2 
systems under an approved collection, OMB Control Number 1625-0035. 
Satisfactory lockout valve and odorizing unit installation will be 
confirmed under current Coast Guard inspections.

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have evaluated this rule under 
E.O. 13132 and have determined that they are preemptive of State law or 
regulation in that Congress intended the Coast Guard to regulate the 
type and design of fire suppression systems aboard certain vessels. The 
regulations listed in this rulemaking are promulgated pursuant to 46 
U.S.C. 3306, 3703, 4102, 4306, and 4502.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled, 
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, 
and 8101 (design, construction, alteration, repair, maintenance, 
operation, equipping, personnel qualification, and manning of vessels) 
are within the fields foreclosed from regulation by the States (See the 
decision of the Supreme Court in the consolidated cases of United 
States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 
(March 6, 2000)). For those regulations promulgated under 46 U.S.C. 
3306 and 3703, Congress directed the Secretary to prescribe regulations 
that would require equipment used in firefighting and fire prevention 
aboard certain inspected vessels. Here, the Coast Guard is promulgating 
regulations to require enhanced or alternative safety features on 
firefighting systems on board inspected vessels defined in 46 U.S.C. 
Chapters 33 and 37, which will improve safety. Because States may not 
promulgate rules within this category, preemption is not an issue under 
Executive Order 13132.
    Under 46 U.S.C. 4102, Congress mandated certain uninspected 
vessels, defined within 46 U.S.C. Chapter 41, to be equipped with fire 
extinguishers that meet the requirements prescribed by regulation. The 
Coast Guard, in considering the safety features necessary to extinguish 
fires promptly and effectively and, to the extent required in 
consultation with the Towing Safety Advisory Committee, has promulgated 
regulations requiring certain equipment features for uninspected 
vessels. These regulations do not raise any preemption concerns under 
Executive Order 13132 since States may not promulgate rules within this 
category of uninspected vessels.
    Congress mandated the Coast Guard to promulgate regulations 
requiring safety standards for fire extinguishers aboard uninspected 
commercial fishing vessels defined in 46 U.S.C. Chapter 45. Those 
regulations promulgated under 46 U.S.C. 4502 require certain features 
to make fire extinguishers readily identifiable and accessible in 
accordance with Congress's mandate. Because States may not promulgate 
rules within this category, preemption is not an issue under Executive 
Order 13132.
    Regulations issued pursuant to 46 U.S.C. 4302 are preemptive of 
State law to the extent outlined in 46 U.S.C. 4306. Under 46 U.S.C. 
4306, Federal regulations establishing minimum safety standards for 
recreational vessels and associated equipment and the procedures and 
tests established to measure conformance with those standards preempt 
State law, unless the State law is identical to a Federal regulation, 
or a State is specifically provided an exemption to those regulations, 
or permitted to regulate marine safety articles carried or used to 
address a hazardous condition or circumstance unique to that State.

[[Page 33870]]

    Additionally, President Obama's Memorandum of May 20, 2009 titled 
``Preemption'' states that ``preemption of State law by executive 
departments and agencies should be undertaken only with full 
consideration of the legitimate prerogatives of the States and with a 
sufficient legal basis for preemption.'' To that end, when a department 
or agency intends to preempt State law, it should do so only if 
justified under legal principles governing preemption, including those 
outlined in Executive Order 13132, and it should also include 
preemption provisions in the codified regulation. In accordance with 
this memorandum, the Coast Guard has included in the final rule 
regulatory text the statutory provisions granting it preemption 
authority as well as language indicating its intent to preempt 
conflicting state or local regulation, when required.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule uses the following voluntary consensus standards: 
Underwriters Laboratories (UL) standards UL 2127 ``Standard for Inert 
Gas Clean Agent Extinguishing System Units,'' and UL 2166 ``Standard 
for Halocarbon Clean Agent Extinguishing System Units,'' and National 
Fire Protection Association (NFPA) standard 2001 ``Standard on Clean 
Agent Fire Extinguishing Systems.'' The sections that reference these 
standards and the locations where these standards are available are 
listed in the regulatory text for 46 CFR 34.01-15, 147.7, and 162.161-
2.
    This rule also uses technical standards other than voluntary 
consensus standards. The test described in the regulatory text in 46 
CFR 162.161-6 is in accordance with requirements of the International 
Maritime Organization, IMO MSC/Circ.848 ``Revised Guidelines for the 
Approval of Equivalent Fixed Gas Fire-Extinguishing Systems, as 
referred to in SOLAS 74, for machinery spaces and cargo pump-rooms'' 
and IMO MSC.1/Circ. 1267 ``Amendments to the Revised Guidelines for the 
Approval of Equivalent Fixed Gas Fire-Extinguishing Systems, as 
referred to in SOLAS 74, for machinery spaces and cargo pump-rooms 
(MSC/Circ. 848).'' The remaining requirements and tests were developed 
by the Coast Guard and used to evaluate currently approved carbon 
dioxide alternative (clean agent) fire suppression systems. These 
requirements are described throughout the regulations. They are used 
because we did not find voluntary consensus standards that are 
applicable to this rule.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded under section 2.B.2, 
figure 2-1, paragraph (34) (d) of the Instruction and 6 (a) of the 
``Appendix to National Environmental Policy Act: Coast Guard Procedures 
for Categorical Exclusions, Notice of Final Agency Policy'' (67 FR 
48243, July 23, 2002).'' This rule involves regulations concerning 
vessel operation safety standards and regulations concerning equipping 
of vessels. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

List of Subjects

46 CFR Part 25

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 27

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

46 CFR Part 28

    Alaska, Fire prevention, Fishing vessels, Marine safety, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Seamen.

[[Page 33871]]

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 34

    Cargo vessels, Fire prevention, Incorporation by reference, Marine 
safety.

46 CFR Part 35

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

46 CFR Part 62

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 71

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 76

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 78

    Marine safety, Navigation (water), Passenger vessels, Penalties, 
Reporting and recordkeeping requirements.

46 CFR Part 91

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 95

    Cargo vessels, Fire prevention, Marine safety.

46 CFR Part 97

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

46 CFR Part 107

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

46 CFR Part 108

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

46 CFR Part 112

    Vessels.

46 CFR Part 115

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

46 CFR Part 118

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 119

    Marine safety, Passenger vessels.

46 CFR Part 122

    Marine safety, Passenger vessels, Penalties, Reporting and 
recordkeeping requirements.

46 CFR Part 131

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

46 CFR Part 132

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

46 CFR Part 147

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

46 CFR Part 162

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

46 CFR Part 167

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

46 CFR Part 169

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

46 CFR Part 176

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

46 CFR Part 181

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 182

    Marine safety, Passenger vessels.

46 CFR Part 185

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 189

    Marine safety, Oceanographic research vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 190

    Fire prevention, Marine safety, Occupational safety and health, 
Oceanographic research vessels.

46 CFR Part 193

    Fire prevention, Marine safety, Oceanographic research vessels.

46 CFR Part 194

    Explosives, Hazardous materials transportation, Marine safety, 
Oceanographic research vessels.

46 CFR Part 196

    Marine safety, Oceanographic research vessels, Reporting and 
recordkeeping requirements.

    For the reasons listed in the preamble, the Coast Guard amends 46 
CFR parts 25, 27, 28, 31, 34, 35, 62, 71, 76, 78, 91, 95, 97, 107, 108, 
112, 115, 118, 119, 122, 131, 132, 147, 162, 167, 169, 176, 181, 182, 
185, 189, 190, 193, 194, and 196 as follows:

PART 25--REQUIREMENTS

0
1. The authority citation for part 25 continues to read as follows:

    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4102, 4302; 
Department of Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  25.30-1 to read as follows:

Sec.  25.30-1  Applicability; preemptive effect.

    This subpart applies to all vessels contracted for on or after 
November 19, 1952, except that Sec.  25.30-90 of this subpart applies 
to vessels contracted for before that date, and the regulations in this 
subpart have preemptive effect over State or local regulations in the 
same field.

0
3. Revise Sec.  25.30-15 to read as follows:


Sec.  25.30-15  Fixed fire-extinguishing systems.

    When a fixed fire-extinguishing system is installed, it must be a 
type approved or accepted by the Commandant (CG-5214) or the Commanding 
Officer, U.S. Coast Guard Marine Safety Center.

PART 27--TOWING VESSELS

0
4. The authority citation for part 27 continues to read as follows:

    Authority: 46 U.S.C. 3306, 4102, (as amended by Pub. L. 104-324, 
110 Stat. 3901); Department of Homeland Security Delegation No. 
0170.1.


0
5. In Sec.  27.100, revise the section heading and add paragraph (e) to 
read as follows:


Sec.  27.100  Applicability; preemptive effect.

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

[[Page 33872]]


0
6. In Sec.  27.101, revise paragraphs (1) and (3) and add paragraph (4) 
to the definition of ``Fixed fire-extinguishing system'' to read as 
follows:


Sec.  27.101  Definitions.

* * * * *
    Fixed fire-extinguishing system means:
    (1) A carbon dioxide system that satisfies 46 CFR 76.15 and the 
system labeling requirements in 46 CFR 78.47-9 and 78.47-11 and that is 
approved by the Commandant;
* * * * *
    (3) A manually-operated water-mist system that satisfies NFPA 750 
(incorporated by reference; see Sec.  27.102) and that is approved by 
the Commandant; or
    (4) A clean agent system that satisfies 46 CFR 95.16 and the 
labeling requirements of 46 CFR 97.37-9 and 97.37-11 and that is 
approved by the Commandant.
* * * * *

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

0
7. The authority citation for part 28 continues to read as follows:

    Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; 
Department of Homeland Security Delegation No. 0170.1.

0
8. In Sec.  28.30, revise the section heading and add paragraph (c) to 
read as follows:


Sec.  28.30  Applicability; preemptive effect.

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

0
9. Revise Sec.  28.825(b)(2)(iv) to read as follows:


Sec.  28.825  Excess fire detection and protection equipment.

* * * * *
    (b) * * *
    (2) * * *
    (iv) The control cabinets or spaces containing valves or manifolds 
for the various fire extinguishing systems must be distinctly marked in 
conspicuous red letters at least 2 inches high: ``[CARBON DIOXIDE/FOAM/
CLEAN AGENT--as appropriate] FIRE SYSTEM.''
* * * * *

PART 31--INSPECTION AND CERTIFICATION

0
10. The authority citation for part 31 continues to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307, 
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 
1991 Comp., p. 351; Department of Homeland Security Delegation No. 
0170.1. Section 31.10-21 also issued under the authority of Sect. 
4109, Pub. L. 101-380, 104 Stat. 515.


0
11. In Sec.  31.01-1, revise the section heading and add paragraph (d) 
to read as follows:


Sec.  31.01-1  Inspections required--TB/ALL, preemptive effect.

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

0
12. In Sec.  31.10-18, revise Table 31.10-18(c) and paragraph (f) to 
read as follows:


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

* * * * *
    (c) * * *

                                                Table 31.10-18(c)
----------------------------------------------------------------------------------------------------------------
                   Type system                                                 Test
----------------------------------------------------------------------------------------------------------------
Foam............................................  Systems utilizing a soda solution must have that solution
                                                   replaced. In all cases, ascertain that powder is not caked.
Carbon dioxide..................................  Weigh cylinders. Recharge cylinder if weight loss exceeds 10
                                                   percent of the weight of the charge. Test time delays,
                                                   alarms, and ventilation shutdowns with carbon dioxide,
                                                   nitrogen, or other nonflammable gas as stated in the system
                                                   manufacturer's instruction manual. Inspect hoses for damage
                                                   or decay. Ensure that nozzles are unobstructed. Cylinders
                                                   must be tested and marked, and all flexible connections on
                                                   fixed carbon dioxide systems must be tested or renewed, as
                                                   required by 46 CFR 147.60 and 147.65.
Halon 1301 and halocarbon.......................  Recharge or replace if weight loss exceeds 5 percent of the
                                                   weight of the charge or if cylinder has a pressure gauge,
                                                   recharge cylinder if pressure loss exceeds 10 percent
                                                   adjusted for temperature. Test time delays, alarms, and
                                                   ventilation shutdowns with carbon dioxide, nitrogen, or other
                                                   nonflammable gas as stated in the system manufacturer's
                                                   instruction manual. Inspect hoses for damage or decay. Ensure
                                                   that nozzles are unobstructed. Cylinders must be tested and
                                                   marked, and all flexible connections to Halon 1301 and
                                                   halocarbon cylinders must be tested or renewed, as required
                                                   by 46 CFR 147.60 and 147.65 or 147.67.
                                                  NOTE: Halon 1301 system approvals have expired, but existing
                                                   systems may be retained if they are in good and serviceable
                                                   condition to the satisfaction of the Coast Guard inspector.
Inert gas.......................................  Recharge or replace cylinder if cylinder pressure loss exceeds
                                                   5 percent of the specified gauge pressure, adjusted for
                                                   temperature. Test time delays, alarms, and ventilation
                                                   shutdowns with carbon dioxide, nitrogen, or other
                                                   nonflammable gas as stated in the system manufacturer's
                                                   instruction manual. Ensure that nozzles are unobstructed.
                                                   Cylinders must be tested and marked, and all flexible
                                                   connections on fixed inert extinguishers must be tested or
                                                   renewed, as required by 46 CFR 147.60 and 147.66.
Water mist......................................  Maintain system in accordance with the maintenance
                                                   instructions in the system manufacturer's design,
                                                   installation, operation, and maintenance manual.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (f) The marine inspector must check all fire extinguishing system 
piping, controls, valves, and alarms to ascertain that the system is in 
good operating condition. For carbon dioxide or clean agent systems as 
described in 46 CFR subpart 95.16, the marine inspector must:
    (1) Verify that flow is continuous and that the piping and nozzles 
are unobstructed; and
    (2) Verify that any discharge delays and pre-discharge alarms 
function properly during the flow test.
* * * * *

PART 34--FIREFIGHTING EQUIPMENT

0
13. The authority citation for part 34 continues to read as follows:

    Authority:  46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation 
No. 0170.1.


[[Page 33873]]



0
14. In Sec.  34.01-1, revise the section heading and add paragraph (b) 
to read as follows:


Sec.  34.01-1  Applicability--TB/ALL, preemptive effect.

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

0
15. Revise Sec.  34.01-15 to read as follows:


Sec.  34.01-15  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available for inspection 
at the Coast Guard, Office of Design and Engineering Standards (CG-
521), 2100 2nd St. SW., Stop 7126, Washington, DC 20593-7126, telephone 
202-372-1405, and is available from the sources listed in this section.
    (b) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, 
telephone 610-832-9585, http://www.astm.org.
    (1) ASTM F 1121-87 (Reapproved 1993), Standard Specification for 
International Shore Connections for Marine Fire Applications, 1987, IBR 
approved for Sec.  34.10-15 (``ASTM F 1121'').
    (2) [Reserved]
    (c) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, telephone 617-770-3000, http://www.nfpa.org.
    (1) NFPA 13-1996, Standard for the Installation of Sprinkler 
Systems, IBR approved for Sec.  34.30-1 (``NFPA 13-1996'').
    (2) NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems, 
(2008 Edition), IBR approved for Sec.  34.05-5(a)(4) (``NFPA 2001'').

0
16. In Sec.  34.05-5, revise the section heading and paragraphs (a)(3) 
through (7) to read as follows:


Sec.  34.05-5  Fire extinguishing systems --T/ALL.

    (a) * * *
    (3) Lamp and paint lockers and similar spaces. A carbon dioxide or 
clean agent system as described in 46 CFR subpart 95.16 or a water 
spray system must be installed in all lamp and paint lockers, oil 
rooms, and similar spaces.
    (4) Pump rooms. A carbon dioxide or clean agent system as described 
in 46 CFR subpart 95.16, a foam spray system, or a water spray system 
must be installed for the protection of all pump rooms. If a clean 
agent system is installed for the pump room of a tank ship carrying 
chemical cargos, the amount of extinguishing agent must be determined 
by using the agent design concentration determined by the cup burner 
method, described in NFPA 2001 (incorporated by reference; see Sec.  
34.01-15) for the cargo requiring the greatest amount of agent.
    (5) Boiler rooms. On tankships contracted for on or after November 
19, 1952, a carbon dioxide or clean agent system as described in 46 CFR 
subpart 95.16 or a foam system must be installed to protect any space 
containing a main or auxiliary oil fired boiler, the boiler fuel oil 
service pump, or any fuel oil units such as heaters, strainers, valves, 
manifolds, etc., that are subject to the discharge pressure of the fuel 
oil service pumps.
    (6) Machinery spaces. A carbon dioxide or clean agent system as 
described in 46 CFR subpart 95.16 must be installed to protect any 
machinery space containing an internal combustion-propelling engine 
that uses fuel having a flashpoint of less than 110 degrees Fahrenheit.
    (7) Internal combustion installations. A fire extinguishing system 
must be provided for an internal combustion installation and:
    (i) The system must be a carbon dioxide or clean agent system as 
described in 46 CFR subpart 95.16;
    (ii) On vessels of 1,000 gross tons and over on an international 
voyage, the construction or conversion of which is contracted for on or 
after May 26, 1965, a carbon dioxide or clean agent system as described 
in 46 CFR subpart 95.16 must be installed in any space containing 
internal combustion or gas turbine main propulsion machinery, 
auxiliaries with an aggregate power of 1,000 b.h.p. or greater, or 
their fuel oil units, including purifiers, valves, and manifolds; and
    (iii) On vessels of 1,000 gross tons and over, the construction, 
conversion or automation of which is contracted for on or after January 
1, 1968, a carbon dioxide or clean agent system as described in 46 CFR 
subpart 95.16 must be installed in any space containing internal 
combustion or gas turbine main propulsion machinery, auxiliaries with 
an aggregate power of 1,000 b.h.p. or greater, or their fuel oil units, 
including purifiers, valves and manifolds.
* * * * *

0
17. Add Sec.  34.15-50 to read as follows:


Sec.  34.15-50  Lockout valves--T/ALL.

    (a) A lockout valve must be provided on any carbon dioxide 
extinguishing system protecting a space over 6,000 cubic feet in volume 
and installed or altered after July 9, 2013. ``Altered'' means modified 
or refurbished beyond the maintenance required by the manufacturer's 
design, installation, operation and maintenance manual.
    (b) The lockout valve must be a manually operated valve located in 
the discharge manifold prior to the stop valve or selector valves. When 
in the closed position, the lockout valve must provide complete 
isolation of the system from the protected space or spaces, making it 
impossible for carbon dioxide to discharge in the event of equipment 
failure during maintenance.
    (c) The lockout valve design or locking mechanism must make it 
obvious whether the valve is open or closed.
    (d) A valve is considered a lockout valve if it has a hasp or other 
means of attachment to which, or through which, a lock can be affixed, 
or it has a locking mechanism built into it.
    (e) The master or person-in-charge must ensure that the valve is 
locked open at all times, except while maintenance is being performed 
on the extinguishing system, when the valve must be locked in the 
closed position.
    (f) Lockout valves added to existing systems must be approved by 
the Commandant as part of the installed system.

0
18. Add Sec.  34.15-60 to read as follows:


Sec.  34.15-60  Odorizing units--T/ALL.

    Each carbon dioxide extinguishing system installed or altered after 
July 9, 2013, must have an approved odorizing unit to produce the scent 
of wintergreen, the detection of which will serve as an indication that 
carbon dioxide gas is present in a protected area and any other area 
into which the carbon dioxide may migrate. ``Altered'' means modified 
or refurbished beyond the maintenance required by the manufacturer's 
design, installation, operation and maintenance manual.

[[Page 33874]]

PART 35--OPERATIONS

0
19. The authority citation for part 35 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49 
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department 
of Homeland Security Delegation No. 0170.1.



0
20. Revise the subpart 35.01 heading to read as follows:

Subpart 35.01--General Provisions; Special Operating Requirements

0
21. Add Sec.  35.01-2 to read as follows:


Sec.  35.01-2  Preemptive effect.

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

0
22. Revise Sec.  35.40-7 to read as follows:


Sec.  35.40-7  Carbon dioxide and clean agent alarms--T/ALL.

    Each carbon dioxide or clean agent fire extinguishing alarm 
installed after November 19, 1952, must be conspicuously marked: ``WHEN 
ALARM SOUNDS VACATE AT ONCE. [CARBON DIOXIDE/CLEAN AGENT--as 
appropriate] BEING RELEASED.''

0
23. Add Sec.  35.40-8 to read as follows:


Sec.  35.40-8  Carbon dioxide warning signs--T/ALL.

    Each entrance to a space storing carbon dioxide cylinders, a space 
protected by carbon dioxide systems, or any space into which carbon 
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE 
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH 
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''.
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN 
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS 
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK OUT SYSTEM WHEN 
SERVICING.'' The reference to wintergreen scent may be omitted for 
carbon dioxide systems not required to have odorizing units and not 
equipped with such units.
    (c) Spaces into which carbon dioxide might migrate--``CARBON 
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN 
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED 
VACATE IMMEDIATELY.'' The reference to wintergreen scent may be omitted 
for carbon dioxide systems not required to have odorizing units and not 
equipped with such units.

0
24. Revise Sec.  35.40-10 to read as follows:


Sec.  35.40-10  Steam, foam, carbon dioxide, or clean agent fire 
smothering apparatus--TB/ALL.

    Each steam, foam, carbon dioxide, or clean agent fire fighting 
apparatus must be marked ``[CARBON DIOXIDE/STEAM/FOAM/CLEAN AGENT--as 
appropriate] FIRE APPARATUS'' in red letters at least 2 inches high. 
Branch pipe valves leading to the several compartments must be 
distinctly marked to indicate the compartments or parts of the vessel 
to which they lead.

PART 62--VITAL SYSTEM AUTOMATION

0
25. The authority citation for part 62 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703, 8105; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.


0
26. In Sec.  62.01-1, revise the section heading and add a second 
sentence to read as follows:


Sec.  62.01-1  Purpose, preemptive effect.

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


0
27. In Sec.  62.25-20, revise paragraph (d)(1)(ii) to read as follows:


Sec.  62.25-20  Instrumentation, alarms, and centralized stations.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Fire, general alarm, carbon dioxide/Halon 1301/clean agent 
fire extinguishing system, vital machinery, flooding, engineers' 
assistance-needed, and non-vital alarms.
* * * * *

PART 71--INSPECTION AND CERTIFICATION

0
28. The authority citation for part 71 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 
FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security 
Delegation No. 0170.1.


0
29. Revise the subpart 71.01 subpart heading to read as follows:

Subpart 71.01--General Provisions; Certificate of Inspection


Sec.  71.01-1  [Redesignated as Sec.  71.01-2]

0
30. Redesignate existing Sec.  71.01-1 as Sec.  71.01-2, and add new 
Sec.  71.01-1 to read as follows:


Sec.  71.01-1  Preemptive effect.

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

0
31. In Sec.  71.20-20, revise paragraph (b) to read as follows:


Sec.  71.20-20  Specific tests and inspections.

* * * * *
    (b) Installation of carbon dioxide or clean agent extinguishing 
piping in accordance with 46 CFR 76.15-15 and 46 CFR subpart 95.16.
* * * * *

0
32. In Sec.  71.25-20, revise the section heading and Table 71.25-
20(a)(2) to read as follows:


Sec.  71.25-20  Fire detecting and extinguishing equipment.

    (a) * * *
    (2) * * *

                                              Table 71.25-20(a)(2)
----------------------------------------------------------------------------------------------------------------
                   Type system                                                 Test
----------------------------------------------------------------------------------------------------------------
Foam............................................  Systems utilizing a soda solution must have that solution
                                                   replaced. In all cases, ascertain that powder is not caked.
Carbon dioxide..................................  Weigh cylinders. Recharge cylinder if weight loss exceeds 10
                                                   percent of the weight of the charge. Test time delays,
                                                   alarms, and ventilation shutdowns with carbon dioxide,
                                                   nitrogen, or other nonflammable gas as stated in the system
                                                   manufacturer's instruction manual. Inspect hoses for damage
                                                   or decay. Ensure that nozzles are unobstructed. Cylinders
                                                   must be tested and marked, and all flexible connections on
                                                   fixed carbon dioxide systems must be tested or renewed, as
                                                   required by 46 CFR 147.60 and 147.65.

[[Page 33875]]

 
Halon 1301 and halocarbon.......................  Recharge or replace if weight loss exceeds 5 percent of the
                                                   weight of the charge or if cylinder has a pressure gauge,
                                                   recharge cylinder if pressure loss exceeds 10 percent,
                                                   adjusted for temperature. Test time delays, alarms, and
                                                   ventilation shutdowns with carbon dioxide, nitrogen, or other
                                                   nonflammable gas as stated in the system manufacturer's
                                                   instruction manual. Inspect hoses for damage or decay. Ensure
                                                   that nozzles are unobstructed. Cylinders must be tested and
                                                   marked, and all flexible connections to Halon 1301 and
                                                   halocarbon cylinders must be tested or renewed, as required
                                                   by 46 CFR 147.60 and 147.65 or 147.67.
                                                  NOTE: Halon 1301 system approvals have expired, but existing
                                                   systems may be retained if they are in good and serviceable
                                                   condition to the satisfaction of the Coast Guard inspector.
Inert gas.......................................  Recharge or replace cylinder if cylinder pressure loss exceeds
                                                   5 percent of the specified gauge pressure, adjusted for
                                                   temperature. Test time delays, alarms, and ventilation
                                                   shutdowns with carbon dioxide, nitrogen, or other
                                                   nonflammable gas as stated in the system manufacturer's
                                                   instruction manual. Ensure that nozzles are unobstructed.
                                                   Cylinders must be tested and marked, and all flexible
                                                   connections on fixed inert extinguishers must be tested or
                                                   renewed, as required by 46 CFR 147.60 and 147.66.
Water mist......................................  Maintain system in accordance with the maintenance
                                                   instructions in the system manufacturer's design,
                                                   installation, operation, and maintenance manual.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
33. In Sec.  71.65-5, revise paragraph (d)(6) to read as follows:


Sec.  71.65-5  Plans and specifications required for new construction.

* * * * *
    (d) * * *
    (6) Extinguishing systems, including fire main, carbon dioxide, 
clean agent, foam, and sprinkling systems.
* * * * *

PART 76--FIRE PROTECTION EQUIPMENT

0
34. The authority citation for part 76 continues to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


0
35. In Sec.  76.01-1, revise the section heading and add paragraph (b) 
to read as follows:


Sec.  76.01-1  General; preemptive effect.

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

0
36. Revise Sec.  76.05-1 to read as follows:


Sec.  76.05-1  Fire detecting systems.

    (a) On the following vessels, approved fire detecting systems must 
be installed in the locations indicated by Table 76.05-1(a):
    (1) Any vessel on an international voyage;
    (2) Any vessel, not on an international voyage, of more than 150 
feet in length having sleeping accommodations for passengers; and
    (3) Any vessel, not on an international voyage, of 150 feet or less 
in length that has sleeping accommodations for 50 or more passengers; 
such vessels are not required to have a detecting system in the cargo 
spaces.

                                                Table 76.05-1(a)
----------------------------------------------------------------------------------------------------------------
                   Space                             Detecting systems             Fixed extinguishing systems
----------------------------------------------------------------------------------------------------------------
Safety areas:
    Wheelhouse or fire-control room........  None required \1\................  None required.\1\
    Stairway and elevator enclosures.......  None required \1\................  None required.\1\
    Communication corridors................  None required \1\................  None required.\1\
    Lifeboat embarkation and lowering        None required \1\................  None required.\1\
     stations.
    Radio room.............................  None required \1\................  None required.\1\
Accommodations:
    Staterooms, toilet spaces, isolated      None required \1\................  None required.\1\
     pantries, etc.
    Offices, lockers, and isolated           Electric, pneumatic, or automatic  None required. \1\
     storerooms.                              sprinkling \1\.
    Public spaces..........................  None required with 20-minute       None required.\1\
                                              patrol. Electric, pneumatic, or
                                              automatic sprinkling with 1 hour
                                              patrol \1\.
    Open decks or enclosed promenades......  None required....................  None required.
Service spaces:
    Galleys................................  None required \1\................  None required.\1\
    Main pantries..........................  None required \1\................  None required.\1\
    Motion picture booths and film lockers.  Electric, pneumatic, or automatic  None required.\1\
                                              sprinkling \1 2\.
    Paint and lamp rooms...................  Smoke detecting \2\..............  Carbon dioxide \3\ or clean
                                                                                 agent system as described in 46
                                                                                 CFR subpart 95.16.
    Inaccessible baggage, mail, and specie   Smoke detecting \2\..............  Carbon dioxide.\3\
     rooms and storerooms.
    Accessible baggage, mail, and specie     Electric, pneumatic, or automatic  None required.\1\
     rooms and storerooms.                    sprinkling.
    Refrigerated storerooms................  None required....................  None required.
    Carpenter, valet, photographic, and      Electric, pneumatic, or automatic  None required.\1\
     printing shops, sales rooms, etc.        sprinkling.
Machinery spaces:

[[Page 33876]]

 
    Coal fired boilers: Bunker and boiler    None required....................  None required.\1\
     space.
    Oil fired boilers: Spaces containing     None required....................  Carbon dioxide or clean agent
     oil fired boilers either main or                                            system as described in 46 CFR
     auxiliary, their fuel oil service                                           subpart 95.16 or foam.\4\
     pumps, and/or such other fuel oil
     units as the heaters, strainers,
     valves, manifolds, etc., that are
     subject to the discharge pressure of
     the fuel oil service pumps, together
     with adjacent spaces to which oil can
     drain.
    Internal combustion or gas turbine       None required....................  Carbon dioxide or clean agent
     propelling machinery spaces.                                                system as described in 46 CFR
                                                                                 subpart 95.16.\5\
    Electric propulsive motors or            None required....................  None required.
     generators of open type.
    Enclosed ventilating systems for motors  None required....................  Carbon dioxide or clean agent
     and generators of electric propelling                                       system as described in 46 CFR
     machinery.                                                                  subpart 95.16 (in ventilating
                                                                                 system).\6\
    Auxiliary spaces, internal combustion,   None required....................  Carbon dioxide or clean agent
     or gas turbine.                                                             system as described in 46 CFR
                                                                                 subpart 95.16.\7\
    Auxiliary spaces, electric motors, or    None required....................  None required.
     generators.
    Auxiliary spaces, steam................  None required....................  None required.
    Trunks to machinery spaces.............  None required....................  None required.
    Fuel tanks.............................  None required....................  None required.\8\
Cargo spaces:
    Inaccessible during voyage (combustible  Smoke detecting..................  Carbon dioxide.\3\
     cargo), including trunks (excluding
     tanks).
    Accessible during voyage (combustible    Smoke detecting, electric,         Automatic or manual sprinkling.
     cargo).                                  pneumatic or automatic
                                              sprinkling.
    Vehicular deck (except where no          None required....................  Manual sprinkling.
     overhead deck is 30 feet in length or
     less).
    Cargo oil tanks........................  None required....................  Carbon dioxide or foam.\3\
    Specially suitable for vehicles........  Smoke detecting, electric,         Carbon dioxide, automatic or
                                              pneumatic or automatic             manual sprinkling.
                                              sprinkling.
----------------------------------------------------------------------------------------------------------------
Notes to Table 76.01-5(a)
\1\ Vessels of 100 gross tons and over contracted for, on, or before May 27, 1936, and having combustible joiner
  work must be fitted with an automatic sprinkling system, except in relatively incombustible spaces.
\2\ On vessels contracted for prior to November 19, 1952, electric or pneumatic detecting may be substituted.
\3\ On vessels contracted for prior to January 1, 1962, a steam smothering system may be accepted. However,
  although existing steam smothering systems may be repaired, replaced, or extended, no new system contracted
  for on or after January 1, 1962, will be permitted.
\4\ Protection of auxiliary boilers, fuel oil units, valves, and manifolds are not required on vessels
  contracted for prior to November 19, 1952.
\5\ Not required on vessels less than 300 gross tons (except on an international voyage) using fuel with a
  flashpoint higher than 110[deg] F., where the space is normally manned.
\6\ Not required on vessels contracted for prior to November 19, 1952.
\7\ Not required on vessels less than 300 gross tons nor on vessels contracted for prior to November 19, 1952,
  except when fuel, including starting fuel, has a flashpoint of 110 [deg]F. or less.
\8\ When fuel with a flashpoint of 110 [deg]F. or lower is used, the space containing the fuel tanks must be
  protected by a carbon dioxide or clean agent system as described in 46 CFR subpart 95.16.

    (b) The arrangements and details of the fire detecting systems must 
meet the requirements in 46 CFR subparts 76.25 through 76.33.

0
37. In Sec.  76.10-5, revise paragraph (h) to read as follows:


Sec.  76.10-5  Fire pumps.

* * * * *
    (h) If a vessel uses main or auxiliary oil fired boilers or 
internal combustion propulsion machinery, and is required to have two 
fire pumps, the pumps must be in separate spaces and the arrangement of 
pumps, sea connections, and sources of power must be arranged to ensure 
that a fire in any one space will not put all of the fire pumps out of 
operation. However, in vessels of less than 300 feet in length, when it 
is shown to the satisfaction of the Commandant that it is unreasonable 
or impracticable to meet this requirement due to the size or 
arrangement of the vessel, or for other reasons, the installation of a 
total flooding carbon dioxide or clean agent extinguishing system may 
be accepted as an alternate method of extinguishing any fire that 
affects the powering and operation of at least one of the required fire 
pumps.

0
38. Add Sec.  76.15-50 to read as follows:


Sec.  76.15-50  Lockout valves.

    (a) A lockout valve must be provided on any carbon dioxide 
extinguishing system protecting a space over 6,000 cubic feet in volume 
and installed or altered after July 9, 2013. ``Altered'' means modified 
or refurbished beyond the maintenance required by the manufacturer's 
design, installation, operation and maintenance manual.
    (b) The lockout valve must be a manually operated valve located in 
the discharge manifold prior to the stop valve or selector valves. When 
in the closed position, the lockout valve must provide complete 
isolation of the system from the protected space or spaces, making it 
impossible for carbon dioxide to discharge in the event of equipment 
failure during maintenance.
    (c) The lockout valve design or locking mechanism must make it 
obvious whether the valve is open or closed.
    (d) A valve is considered a lockout valve if it has a hasp or other 
means of attachment to which, or through which, a lock can be affixed, 
or it has a locking mechanism built into it.
    (e) The master or person-in-charge must ensure that the valve is 
locked open at all times, except while maintenance is being performed 
on the extinguishing system, when the valve must be locked in the 
closed position.

[[Page 33877]]

    (f) Lockout valves added to existing systems must be approved by 
the Commandant as part of the installed system.

0
39. Add Sec.  76.15-60 to read as follows:


Sec.  76.15-60  Odorizing units.

    Each carbon dioxide extinguishing system installed or altered after 
July 9, 2013, must have an approved odorizing unit to produce the scent 
of wintergreen, the detection of which will serve as an indication that 
carbon dioxide gas is present in a protected area and any other area 
into which the carbon dioxide may migrate. ``Altered'' means modified 
or refurbished beyond the maintenance required by the manufacturer's 
design, installation, operation and maintenance manual.

PART 78--OPERATIONS

0
40. The authority citation for part 78 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department 
of Homeland Security Delegation No. 0170.1.


0
41. In Sec.  78.01-1, revise the section heading and add paragraph (b) 
to read as follows:


Sec.  78.01-1  General; preemptive effect.

* * * * *
    (b) The regulations in this part have preemptive effect over State 
or local regulations in the same field.
0
42. Revise Sec.  78.47-9 to read as follows:


Sec.  78.47-9  Carbon dioxide and clean agent alarms.

    Each carbon dioxide or clean agent fire extinguishing alarm must be 
conspicuously marked: ``WHEN ALARM SOUNDS VACATE AT ONCE. CARBON 
DIOXIDE OR CLEAN AGENT BEING RELEASED.''.

0
43. Add Sec.  78.47-11 to read as follows:


Sec.  78.47-11  Carbon dioxide warning signs.

    Each entrance to a space storing carbon dioxide cylinders, a space 
protected by carbon dioxide systems, or any space into which carbon 
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE 
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH 
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''.
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN 
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS 
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK OUT SYSTEM WHEN 
SERVICING.'' The reference to wintergreen scent may be omitted for 
carbon dioxide systems not required to have odorizing units and not 
equipped with such units.
    (c) Spaces into which carbon dioxide might migrate--``CARBON 
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN 
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED 
VACATE IMMEDIATELY.'' The reference to wintergreen scent may be omitted 
for carbon dioxide systems not required to have odorizing units and not 
equipped with such units.

0
44. Revise Sec.  78.47-17 to read as follows:


Sec.  78.47-17  Fire extinguishing system controls.

    Each control cabinet or space containing valves or manifolds for a 
fire extinguishing system must be distinctly marked in conspicuous red 
letters at least 2 inches high: ``[CARBON DIOXIDE/STEAM/FOAM/WATER 
SPRAY/MANUAL SPRINKLING/AUTOMATIC SPRINKLING/CLEAN AGENT--as 
appropriate] FIRE SYSTEM.''.

PART 91--INSPECTION AND CERTIFICATION

0
45. The authority citation for part 91 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; 46 
U.S.C. Chapter 701; Executive Order 12234; 45 FR 58801; 3 CFR, 1980 
Comp., p. 277; Executive Order 12777, 56 FR 54757, 3 CFR, 1991 
Comp., p. 351; Department of Homeland Security Delegation No. 
0170.1.


0
46. In, revise the subpart 91.01 subpart heading to read as follows:

Subpart 91.01--General Provisions; Certificate of Inspection


Sec.  91.01-1  [Redesignated as Sec.  91.01-2]

0
47. Redesignate existing Sec.  91.01-1 as Sec.  91.01-2, and add new 
Sec.  91.01-1 to read as follows:


Sec.  91.01-1  Preemptive effect.

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

0
48. In Sec.  91.20-20, revise paragraph (b) to read as follows:


Sec.  91.20-20  Specific tests and inspections.

* * * * *
    (b) For installation of carbon dioxide fire extinguishing system 
piping, see 46 CFR 95.15-15. For clean agent fire extinguishing piping, 
see 46 CFR 95.16-15.
* * * * *

0
49. In Sec.  91.25-20, revise the section heading and Table 91.25-
20(a)(2) to read as follows:


Sec.  91.25-20  Fire extinguishing equipment.

    (a) * * *
    (2) * * *

                          Table 91.25-20(a)(2)
------------------------------------------------------------------------
              Type system                             Test
------------------------------------------------------------------------
Foam..................................  Systems utilizing a soda
                                         solution must have that
                                         solution replaced. In all
                                         cases, ascertain that powder is
                                         not caked
Carbon dioxide........................  Weigh cylinders. Recharge
                                         cylinder if weight loss exceeds
                                         10 percent of the weight of the
                                         charge. Test time delays,
                                         alarms, and ventilation
                                         shutdowns with carbon dioxide,
                                         nitrogen, or other nonflammable
                                         gas as stated in the system
                                         manufacturer's instruction
                                         manual. Inspect hoses for
                                         damage or decay. Ensure that
                                         nozzles are unobstructed.
                                         Cylinders must be tested and
                                         marked, and all flexible
                                         connections on fixed carbon
                                         dioxide systems must be tested
                                         or renewed, as required by 46
                                         CFR 147.60 and 147.65
Halon 1301 and halocarbon.............  Recharge or replace if weight
                                         loss exceeds 5 percent of the
                                         weight of the charge or if
                                         cylinder has a pressure gauge,
                                         recharge cylinder if pressure
                                         loss exceeds 10 percent,
                                         adjusted for temperature. Test
                                         time delays, alarms, and
                                         ventilation shutdowns with
                                         carbon dioxide, nitrogen, or
                                         other nonflammable gas as
                                         stated in the system
                                         manufacturer's instruction
                                         manual. Inspect hoses for
                                         damage or decay. Ensure that
                                         nozzles are unobstructed.
                                         Cylinders must be tested and
                                         marked, and all flexible
                                         connections to Halon 1301 and
                                         halocarbon cylinders must be
                                         tested or renewed, as required
                                         by 46 CFR 147.60 and 147.65 or
                                         147.67.
                                        NOTE: Halon 1301 system
                                         approvals have expired, but
                                         existing systems may be
                                         retained if they are in good
                                         and serviceable condition to
                                         the satisfaction of the Coast
                                         Guard inspector.

[[Page 33878]]

 
Inert gas.............................  Recharge or replace cylinder if
                                         cylinder pressure loss exceeds
                                         5 percent of the specified
                                         gauge pressure, adjusted for
                                         temperature. Test time delays,
                                         alarms, and ventilation
                                         shutdowns with carbon dioxide,
                                         nitrogen, or other nonflammable
                                         gas as stated in the system
                                         manufacturer's instruction
                                         manual. Ensure that nozzles are
                                         unobstructed. Cylinders must be
                                         tested and marked, and all
                                         flexible connections on fixed
                                         inert extinguishers must be
                                         tested or renewed, as required
                                         by 46 CFR 147.60 and 147.66.
Water mist............................  Maintain system in accordance
                                         with the maintenance
                                         instructions in the system
                                         manufacturer's design,
                                         installation, operation, and
                                         maintenance manual.
------------------------------------------------------------------------

* * * * *

0
50. In Sec.  91.55-5, revise paragraph (d)(4) to read as follows:


Sec.  91.55-5  Plans and specifications required for new construction.

* * * * *
    (d) * * *
    (4) Details of extinguishing systems, including fire mains, carbon 
dioxide, clean agent, foam, and sprinkling systems.
* * * * *

PART 95--FIRE PROTECTION EQUIPMENT

0
51. The authority citation for part 95 continues to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


0
52. In Sec.  95.01-1, revise the section heading and add paragraph (b) 
to read as follows:


Sec.  95.01-1  General; preemptive effect.

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

0
53. In Sec.  95.05-10, revise paragraphs (e)(3)(ii) and (f) to read as 
follows:


Sec.  95.05-10  Fixed fire extinguishing systems.

* * * * *
    (e) * * *
    (3) * * *
    (ii) On vessels of 1,000 gross tons and greater, a fixed carbon 
dioxide or clean agent system as described in 46 CFR subpart 95.16 must 
be installed in any space that contains internal combustion or gas 
turbine main propulsion machinery, or auxiliary machinery with an 
aggregate power of 1,000 b.h.p. or greater, or the fuel oil units of 
such machinery, including purifiers, valves, and manifolds.
    (f) On vessels contracted for on or after November 19, 1952, where 
an enclosed ventilating system is installed for electric propulsion 
motors or generators, a fixed carbon dioxide extinguishing system must 
be installed in such a system.

0
54. In Sec.  95.10-5, in paragraph (h), revise the second sentence to 
read as follows:


Sec.  95.10-5  Fire pumps.

* * * * *
    (h) * * * However, when it is shown to the satisfaction of the 
Commandant that it is unreasonable or impracticable to meet this 
requirement due to the size or arrangement of the vessel, or for other 
reasons, the installation of a total flooding carbon dioxide or clean 
agent system may be accepted as an alternate method of extinguishing 
any fire that could affect the powering and operation of at least one 
of the required fire pumps.


0
55. In Sec.  95.15-5, revise paragraphs (e)(1) and (2) to read as 
follows:


Sec.  95.15-5  Quantity, pipe sizes, and discharge rates.

* * * * *
    (e) * * *
    (1) The number of pounds of carbon dioxide required must be equal 
to the gross volume of the largest space which is capable of being 
sealed divided by 22. In no case, however, may the quantity be less 
than that required by paragraph (c)(2) of this section.
    (2) The discharge of two thirds of the required quantity of carbon 
dioxide must be completed within 10 minutes. Any faster discharge rate 
is also acceptable.
* * * * *

0
56. Revise Sec.  95.15-30 to read as follows:


Sec.  95.15-30  Alarms.

    (a) A protected space must be fitted with an approved audible alarm 
if:
    (1) The space is normally accessible to persons onboard while the 
vessel is being navigated; and
    (2) Is not a paint locker or similar small space.
    (b) The alarm must:
    (1) Sound automatically and audibly for at least 20 seconds before 
carbon dioxide is discharged into the space;
    (2) Be conspicuously and centrally located and be marked as 
required by 46 CFR 97.37-9; and
    (3) Use stored gas power provided by the extinguishing agent, gas 
from pilot cylinders, or gas from cylinders specifically provided to 
power the alarms.
    (c) For systems installed on or after July 1, 1957, alarms are 
mandatory only for systems required to be fitted with a delayed 
discharge.

0
57. Add Sec.  95.15-50 to read as follows:


Sec.  95.15-50  Lockout valves.

    (a) A lockout valve must be provided on any carbon dioxide 
extinguishing system protecting a space over 6,000 cubic feet in volume 
and installed or altered after July 9, 2013. ``Altered'' means modified 
or refurbished beyond the maintenance required by the manufacturer's 
design, installation, operation and maintenance manual.
    (b) The lockout valve must be a manually operated valve located in 
the discharge manifold prior to the stop valve or selector valves. When 
in the closed position, the lockout valve must provide complete 
isolation of the system from the protected space or spaces, making it 
impossible for carbon dioxide to discharge in the event of equipment 
failure during maintenance.
    (c) The lockout valve design or locking mechanism must make it 
obvious whether the valve is open or closed.
    (d) A valve is considered a lockout valve if it has a hasp or other 
means of attachment to which, or through which, a lock can be affixed, 
or it has a locking mechanism built into it.
    (e) The master or person-in-charge must ensure that the valve is 
locked open at all times, except while maintenance is being performed 
on the extinguishing system, when the valve must be locked in the 
closed position.
    (f) Lockout valves added to existing systems must be approved by 
the Commandant as part of the installed system.

0
58. Add Sec.  95.15-60 to read as follows:

[[Page 33879]]

Sec.  95.15-60  Odorizing units.

    Each carbon dioxide extinguishing system installed or altered after 
July 9, 2013, must have an approved odorizing unit to produce the scent 
of wintergreen, the detection of which will serve as an indication that 
carbon dioxide gas is present in a protected area and any other area 
into which the carbon dioxide may migrate. ``Altered'' means modified 
or refurbished beyond the maintenance required by the manufacturer's 
design, installation, operation and maintenance manual.

0
59. Add subpart 95.16 to read as follows:
Subpart 95.16--Fixed Clean Agent Gas Extinguishing Systems, Details
Sec.
95.16-1 Application.
95.16-5 Controls.
95.16-10 Piping, fittings, valves, nozzles.
95.16-15 Extinguishing agent: Quantity.
95.16-20 Extinguishing agent: Cylinder storage.
95.16-25 Manifold and cylinder arrangements.
95.16-30 Enclosure openings.
95.16-35 Pressure relief.
95.16-40 Locked spaces.
95.16-45 Pre-discharge alarms and time delay devices.
95.16-50 Instructions.
95.16-60 System piping installation testing.
95.16-90 Installations contracted for prior to July 9, 2012.

Subpart 95.16--Fixed Clean Agent Gas Extinguishing Systems, Details


Sec.  95.16-1  Application.

    (a) ``Clean agent'' means a halocarbon or inert gas used as a fire 
extinguishing agent.
    (b) A clean agent extinguishing system must comply with this part. 
Systems contracted for prior to July 9, 2012, may, as an alternative, 
comply with 46 CFR 95.16-90.
    (c) Each clean agent system must:
    (1) Be of a total flooding type to protect against Class B and 
Class C hazards as defined in 46 CFR 95.50-5;
    (2) Address and minimize any hazard to personnel created by the 
effects of extinguishing agent decomposition products and combustion 
products, especially the effects of decomposition product hydrogen 
fluoride (HF), if applicable;
    (3) Be accompanied by an approved manufacturer's design, 
installation, operation, and maintenance manual;
    (4) Be used only to protect enclosed spaces;
    (5) Not employ electric power for system actuation or controls; and
    (6) Not use any source of power for alarms in protected spaces, 
other than the extinguishing agent, gas from pilot cylinders, or gas 
from cylinders specifically provided to power the alarms.


Sec.  95.16-5  Controls.

    (a) At least one releasing station must be installed near the main 
entrance/exit to the protected space.
    (b) System controls must be of an approved type and be suitably 
protected from damage and located outside the protected space.
    (c) Systems must have releasing stations consisting of one control 
to operate the stop valve to the protected space and a second control 
to release at least the required amount of agent. These two controls 
must be located in a box or other enclosure clearly identified for the 
particular space.
    (d) Systems protecting a single space not exceeding 6,000 cubic 
feet in gross volume may be installed without a stop valve if a 
suitable horizontal means of escape from the space exists.
    (e) Controls may not be located in any space that could be cut off 
from the operator in the event of fire in the protected space.
    (f) Where the extinguishing agent can be released by remote 
control, the system must have a manual local control at the cylinders.
    (g) Systems with remotely operated releasing controls must have 
mechanical override features.
    (h) Automatic discharge arrangements may be used for spaces having 
a gross volume less than 6,000 cubic feet. However, automatic discharge 
is required for spaces having a gross volume less than 6,000 cubic feet 
where the agent is stored in the protected space, as allowed by 46 CFR 
95.16-20.
    (i) A system designed to use gas pressure from one or more agent 
storage cylinders and provide pilot pressure to actuate the release of 
extinguishing agent from other storage cylinders that contain three or 
more total storage cylinders must be equipped with at least two 
designated pilot cylinders, each of which is capable of manual control 
at the pilot cylinder.


Sec.  95.16-10  Piping, fittings, valves, nozzles.

    (a) Piping, fittings, and valves must be:
    (1) In accordance with the manufacturer's approved design, 
installation, operation, and maintenance manual;
    (2) Securely supported and when necessary protected against damage;
    (3) Protected inside and out against corrosion; and
    (4) Equipped with:
    (i) Dead end lines (dirt traps) that extend at least 2 inches 
beyond the last nozzle of each distribution line and that are closed 
with a cap or plug; and
    (ii) Drains and dirt traps, fitted where necessary to prevent dirt 
or moisture accumulation and located in accessible locations where 
possible.
    (b) Piping requirements. Piping must be:
    (1) Used exclusively for extinguishing system purposes;
    (2) Protected by a pressure relief valve in sections where gas 
pressure can be trapped between closed valves; and
    (3) Welded if it passes through living quarters.
    (c) Piping prohibitions. Piping must not:
    (1) Use rolled groove or cut groove ends; or
    (2) Be fitted with drains or other openings if it passes through 
living quarters.
    (d) Valve requirements. Valves for system operation must be:
    (1) Outside the protected space, and
    (2) Marked, if serving a branch line, to indicate the space the 
branch line serves.
    (e) Valve prohibitions. Valves may not be located in any space that 
could be cut off from the operator in the event of fire in the 
protected space.


Sec.  95.16-15  Extinguishing agent: Quantity.

    A separate supply need not be provided for each space protected, 
but the total available supply must be at least sufficient for the 
space requiring the greatest amount.


Sec.  95.16-20  Extinguishing agent: Cylinder storage.

    (a) Unless installed as required in paragraph (b) of this section, 
the agent must be stored outside of the protected space. Common 
bulkheads and decks located between the cylinder storage room and the 
protected spaces must meet the insulation criteria for Class A-60, as 
defined in 46 CFR 72.05-10.
    (b) The cylinders may be stored inside the protected space, if:
    (1) The space does not exceed 6,000 cubic feet gross volume; and
    (2) The system can be automatically operated by a pneumatic heat 
actuator as well as a remote manual control.
    (c) The cylinder storage space must be properly ventilated and 
designed to preclude an anticipated ambient temperature in excess of 
130[deg] Fahrenheit.
    (d) The cylinders must be securely fastened and supported as 
directed in the manufacturer's approved design, installation, 
operation, and maintenance manual, and where necessary protected 
against damage.
    (e) The cylinders must be mounted so they are readily accessible 
and capable

[[Page 33880]]

of easy removal for recharging and inspection and for weighing in the 
case of halocarbon system cylinders.
    (f) The cylinders must be installed to provide a space of at least 
2 inches between the deck and the bottom of the cylinders. A tray or 
other bottom support located 2 inches above the deck is an acceptable 
arrangement.
    (g) The cylinders must be mounted upright, unless otherwise 
specified in the instruction manual.
    (h) All cylinder storage room doors must open outward.


Sec.  95.16-25  Manifold and cylinder arrangements.

    (a) A check valve must be provided between each cylinder and 
manifold or distribution piping. The valve must be permanently marked 
to indicate the direction of flow.
    (b) If the same cylinder is used to protect more than one space, 
normally, closed stop valves must be provided to direct the agent into 
each protected space.
    (c) Each cylinder must be fabricated, tested, and marked in 
accordance with 46 CFR 147.60(b) and 49 CFR part 180.
    (d) The cylinders in a common manifold must be:
    (1) Of the same size;
    (2) Filled with the same amount of agent; and
    (3) Pressurized to the same working pressure.


Sec.  95.16-30  Enclosure openings.

    (a) If mechanical ventilation is provided for in a protected space, 
the ventilation system must automatically shut down prior to discharge 
of the system to that space.
    (b) If natural ventilation is provided for in a space protected by 
a clean agent extinguishing system, the ventilation must be capable of 
being easily and effectively closed off.
    (c) All other openings to a protected space must be capable of 
being closed. Doors, shutters, or dampers must be installed for 
openings in the lower portion of the space. Openings in the upper 
portion of the space must be capable of being closed off either by 
permanently installed means or by the use of canvas or other material 
normally carried on the vessel.


Sec.  95.16-35  Pressure relief.

    Tight compartments, like refrigeration spaces and paint lockers, 
must have a way to relieve the accumulation of excessive pressure 
within the compartment when the extinguishing agent is injected.


Sec.  95.16-40  Locked spaces.

    If a space or enclosure containing extinguishing agent supply or 
controls is lockable, a key to the space or enclosure must be in a 
break glass type box conspicuously located adjacent to the opening.


Sec.  95.16-45  Pre-discharge alarms and time delay devices.

    (a) Each system protecting a space with greater than 6,000 cubic 
feet gross volume or a space less than 6,000 cubic feet gross volume 
without a suitable horizontal escape route must have a pneumatic pre-
discharge alarm and time delay.
    (1) The time delay period must:
    (i) Last at least 20 seconds;
    (ii) Be approved by the Officer in Charge, Marine Inspection during 
system installation; and
    (iii) Provide enough time for one person to walk from the farthest 
area of the protected space to the primary exit.
    (2) The time delay device must be pneumatically operated and have 
an accuracy of -0/+20 percent of the rated time delay period throughout 
the operating temperature range and range of delay settings.
    (b) The pre-discharge alarm must:
    (1) Sound for the duration of the time delay;
    (2) Be conspicuously and centrally located in the protected space 
and marked as required by 46 CFR 97.37-9;
    (3) Depend on the extinguishing agent, gas from a pilot cylinder, 
or a nitrogen cylinder specifically provided to power the alarm for its 
source of power; and
    (4) Be audible over running machinery.


Sec.  95.16-50  Instructions.

    (a) Simple, complete operating instructions must be conspicuously 
located at or near any release station and in the extinguishing agent 
cylinder storage room.
    (b) On a system in which extinguishing agent cylinders are stored 
outside the protected space, operating instructions must also:
    (1) Include a schematic diagram of the system; and
    (2) Describe alternate methods of discharging the extinguishing 
agent into protected spaces should the manual releases or stop valve 
controls fail to operate.


Sec.  95.16-60  System piping installation testing.

    (a) Halocarbon systems. A pressure test using the extinguishing 
agent, air or inert gas, must be conducted on halocarbon system 
discharge piping on completion of piping installation and before 
extinguishing agent cylinders are connected.
    (1) Except as otherwise specified in this section:
    (i) Piping from the cylinders to the stop valves or selector valves 
must be subjected to a pressure of 1\1/2\ times the cylinder charging 
pressure at 70[deg] Fahrenheit; and
    (ii) The leakage during a 2-minute period must not exceed a 
pressure drop of 10 percent of the test pressure.
    (2) Individual branch lines to a protected space must be tested as 
described in paragraph (a)(1) of this section, except that:
    (i) The pressure must be 150 pounds per square inch; and
    (ii) Distribution piping must be capped within the protected space 
at the first joint upstream of the nozzles.
    (3) Pneumatic actuation piping must be tested as described in 
paragraph (a)(1) of this section.
    (b) Inert gas systems. A pressure test using air or inert gas must 
be conducted on each inert gas system's piping on completion of piping 
installation and before extinguishing agent cylinders are connected.
    (1) Except as otherwise specified in this section:
    (i) Piping from the cylinders to the stop valves or selector valves 
must be subjected to a pressure of 1,000 pounds per square inch (psi) 
at 70[deg] Fahrenheit; and
    (ii) The leakage during a 2-minute period must not exceed a 
pressure drop of 100 psi.
    (2) Individual branch lines to a protected space must be tested as 
described in paragraph (b)(1) of this section, except that:
    (i) The pressure must be 600 psi; and
    (ii) Distribution piping must be capped within the protected space 
at the first joint upstream of the nozzles.
    (3) Pneumatic actuation piping must be tested as described in 
paragraph (b)(1) of this section.
    (c) Small independent systems. In lieu of test requirements in 
paragraphs (a) or (b) of this section, a small independent halocarbon 
or inert gas system, like those found in emergency generator rooms and 
paint lockers, may be tested by blowing out the piping with air 
pressure of at least 100 psi, if:
    (1) There are no valves in the system discharge piping; and
    (2) There is not more than one change in direction between the 
agent container and the discharge nozzle.


Sec.  95.16-90   Installations contracted for prior to July 9, 2012.

    Installations contracted for prior to July 9, 2012, must meet the

[[Page 33881]]

requirements of this subpart unless previously approved existing 
arrangements, materials, and facilities are:
    (a) Maintained in good condition to the satisfaction of the Officer 
in Charge, Marine Inspection; and
    (b) Subjected to no more than minor repairs or alterations 
implemented to the same standards as the original installation.

PART 97--OPERATIONS

0
60. The authority citation for part 97 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 
277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 Comp., p. 351; Department 
of Homeland Security Delegation No. 0170.1.


0
61. In Sec.  97.01-1, revise the section heading and add paragraph (b) 
to read as follows:


Sec.  97.01-1  General; preemptive effect.

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

0
62. Revise Sec.  97.37-9 to read as follows:


Sec.  97.37-9  Carbon dioxide and clean agent alarms.

    Each carbon dioxide or clean agent fire extinguishing alarm must be 
conspicuously marked: ``WHEN ALARM SOUNDS VACATE AT ONCE. CARBON 
DIOXIDE OR CLEAN AGENT BEING RELEASED.''.

0
63. Add Sec.  97.37-11 to read as follows:


Sec.  97.37-11  Carbon dioxide warning signs.

    Each entrance to a space storing carbon dioxide cylinders, a space 
protected by carbon dioxide systems, or any space into which carbon 
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE 
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH 
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''.
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN 
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS 
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK OUT SYSTEM WHEN 
SERVICING.'' The reference to wintergreen scent may be omitted for 
carbon dioxide systems not required to have odorizing units and not 
equipped with such units.
    (c) Spaces into which carbon dioxide might migrate--``CARBON 
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN 
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED 
VACATE IMMEDIATELY.'' The reference to wintergreen scent may be omitted 
for carbon dioxide systems not required to have odorizing units and not 
equipped with such units.

0
64. Revise Sec.  97.37-13 to read as follows:


Sec.  97.37-13  Fire extinguishing system controls.

    The control cabinets or spaces containing valves or manifolds for 
the various fire extinguishing systems must be distinctly marked in 
conspicuous red letters at least 2 inches high: ``[STEAM/CARBON 
DIOXIDE/CLEAN AGENT/FOAM/WATER SPRAY--as appropriate] FIRE 
APPARATUS.''.

PART 107--INSPECTION AND CERTIFICATION

0
65. The authority citation for part 107 continues to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307; 46 U.S.C. 3316; 
Department of Homeland Security Delegation No. 0170.1; Sec.  107.05 
also issued under the authority of 44 U.S.C. 3507.


0
66. In Sec.  107.01, revise the section heading, redesignate the 
existing text as paragraph (a), and add paragraph (b) to read as 
follows:


Sec.  107.01  Purpose; preemptive effect.

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

0
67. In Sec.  107.231, add paragraph (w) to read as follows:


Sec.  107.231  Inspection for certification.

* * * * *
    (w) Piping for each halocarbon and inert gas extinguishing system 
must be tested in accordance with 46 CFR 95.16-60.
* * * * *

0
68. In Sec.  107.235, revise the section heading and paragraph (b) and 
remove the note at the end of the section.
    The revisions read as follows:


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

* * * * *
    (b) Each fixed fire extinguishing system must be examined for 
excessive corrosion and general condition and checked and serviced as 
indicated, depending on the extinguishing agent used by the system.
    (1) Carbon dioxide: Weigh cylinders. Recharge cylinder if weight 
loss exceeds 10 percent of the weight of the charge. Test time delays, 
alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or 
other nonflammable gas as stated in the system manufacturer's 
instruction manual. Inspect hoses for damage or decay. Ensure that 
nozzles are unobstructed. Cylinders must be tested and marked, and all 
flexible connections on fixed carbon dioxide systems must be tested or 
renewed, as required by 46 CFR 147.60 and 147.65.
    (2) Halon 1301 or Halocarbon: Recharge or replace if weight loss 
exceeds 5 percent of the weight of the charge or, if cylinder has a 
pressure gauge, recharge cylinder if pressure loss exceeds 10 percent, 
adjusted for temperature. Test time delays, alarms, and ventilation 
shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as 
stated in the system manufacturer's instruction manual. Inspect hoses 
for damage or decay. Ensure that nozzles are unobstructed. Cylinders 
must be tested and marked, and all flexible Halon 1301 and halocarbon 
connections must be tested or renewed as required by 46 CFR 147.60 and 
147.65 or 147.67. Note that Halon 1301 system approvals have expired, 
but that existing systems may be retained if they are in good and 
serviceable condition to the satisfaction of the Coast Guard inspector.
    (3) Inert gas: Recharge or replace cylinder if cylinder pressure 
loss exceeds 5 percent of specified gauge pressure, adjusted for 
temperature. Test time delays, alarms, and ventilation shutdowns with 
carbon dioxide, nitrogen, or other nonflammable gas as stated in the 
system manufacturer's instruction manual. Inspect hoses for damage or 
decay. Ensure that nozzles are unobstructed. Cylinders must be tested 
and marked, and all flexible connections must be tested or renewed as 
required by 46 CFR 147.60 and 147.66.
    (4) Foam, except premix systems: Discharge foam for approximately 
15 seconds from a nozzle designated by the marine inspector. Discharge 
water from all other lines and nozzles. Submit a sample of the foam 
liquid to the manufacturer or its authorized representative for 
determination of specific gravity, pH, percentage of water dilution, 
and solid content and for certification as a suitable firefighting 
foam.
    (5) Premix aqueous film forming foam: Remove the pressure cartridge

[[Page 33882]]

and replace the cartridge if the seal is punctured, sampling the premix 
solution in accordance with the manufacturer's instructions, and 
replacing any cylinders that are discharged.

PART 108--DESIGN AND EQUIPMENT

0
69. The authority citation for part 108 continues to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; Department of 
Homeland Security Delegation No. 0170.1.


0
70. Add Sec.  108.102 to read as follows:


Sec.  108.102  Preemptive effect.

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

0
71. Add Sec.  108.444 to read as follows:


Sec.  108.444  Lockout valves.

    (a) A lockout valve must be provided on any carbon dioxide 
extinguishing system protecting a space over 6,000 cubic feet in volume 
and installed or altered after July 9, 2013. ``Altered'' means modified 
or refurbished beyond the maintenance required by the manufacturer's 
design, installation, operation and maintenance manual.
    (b) The lockout valve must be a manually operated valve located in 
the discharge manifold prior to the stop valve or selector valves. When 
in the closed position, the lockout valve must provide complete 
isolation of the system from the protected space or spaces, making it 
impossible for carbon dioxide to discharge in the event of equipment 
failure during maintenance.
    (c) The lockout valve design or locking mechanism must make it 
obvious whether the valve is open or closed.
    (d) A valve is considered a lockout valve if it has a hasp or other 
means of attachment to which, or through which, a lock can be affixed, 
or it has a locking mechanism built into it.
    (e) The master or person-in-charge must ensure that the valve is 
locked open at all times, except while maintenance is being performed 
on the extinguishing system, when the valve must be locked in the 
closed position.
    (f) Lockout valves added to existing systems must be approved by 
the Commandant as part of the installed system.

0
72. Add Sec.  108.446 to read as follows:


Sec.  108.446  Odorizing units.

    Each carbon dioxide extinguishing system installed or altered after 
July 9, 2013, must have an approved odorizing unit to produce the scent 
of wintergreen, the detection of which will serve as an indication that 
carbon dioxide gas is present in a protected area and any other area 
into which the carbon dioxide may migrate. ``Altered'' means modified 
or refurbished beyond the maintenance required by the manufacturer's 
design, installation, operation and maintenance manual.

0
73. Add Sec.  108.626 to read as follows:


Sec.  108.626  Carbon dioxide warning signs.

    Each entrance to a space storing carbon dioxide cylinders, a space 
protected by carbon dioxide systems, or any space into which carbon 
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE 
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH 
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''.
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN 
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS 
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK OUT SYSTEM WHEN 
SERVICING.'' The reference to wintergreen scent may be omitted for 
carbon dioxide systems not required to have odorizing units and not 
equipped with such units.
    (c) Spaces into which carbon dioxide might migrate--``CARBON 
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN 
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED 
VACATE IMMEDIATELY.'' The reference to wintergreen scent may be omitted 
for carbon dioxide systems not required to have odorizing units and not 
equipped with such units.

0
74. In Sec.  108.627, revise the section heading to read as follows:


Sec.  108.627  Carbon dioxide and clean agent alarms.

* * * * *

0
75. In Sec.  108.631, revise paragraph (a) to read as follows:


Sec.  108.631  Fixed fire extinguishing system controls.

    (a) Each cabinet or space that contains a valve, control, or 
manifold of a fixed fire extinguishing system must be marked in 
conspicuous red letters at least 2 inches high: ``[CARBON DIOXIDE/CLEAN 
AGENT/FOAM/WATER SPRAY--as appropriate] FIRE APPARATUS.''.
* * * * *

PART 112--EMERGENCY LIGHTING AND POWER SYSTEMS

0
76. The authority citation for part 112 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security 
Delegation No. 0170.1.


0
77. In Sec.  112.05-1, revise the section heading and add paragraph (d) 
to read as follows:


Sec.  112.05-1  Purpose; preemptive effect.

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

0
78. In Sec.  112.15-5, revise paragraph (v) to read as follows:


Sec.  112.15-5  Final emergency loads.

* * * * *
    (v) Each smoke extraction fan, not including smoke detector 
sampling, and carbon dioxide or clean agent exhaust fans for spaces.

PART 115--INSPECTION AND CERTIFICATION

0
79. The authority citation for part 115 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.


0
80. In, revise the subpart A heading to read as follows:

Subpart A--General Provisions; Certificate of Inspection


Sec. Sec.  115.2 through 115.99  [Reserved]

0
81. In subpart A, add reserved Sec. Sec.  115.2 through 115.99 and add 
Sec.  115.1 to read as follows:


Sec.  115.1  Preemptive effect.

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

0
82. In Sec.  115.810, revise Table 115.810(b) to read as follows:


Sec.  115.810  Fire protection.

* * * * *
    (b) * * *

[[Page 33883]]



                       Table 115.810(b)--Semiportable and Fixed Fire Extinguishing Systems
----------------------------------------------------------------------------------------------------------------
                    Type system                                                  Test
----------------------------------------------------------------------------------------------------------------
Carbon dioxide.....................................  Weigh cylinders. Recharge cylinder if weight loss exceeds
                                                      10 percent of the weight of the charge. Test time delays,
                                                      alarms, and ventilation shutdowns with carbon dioxide,
                                                      nitrogen, or other nonflammable gas as stated in the
                                                      system manufacturer's instruction manual. Inspect hoses
                                                      for damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections on fixed carbon dioxide systems must be tested
                                                      or renewed, as required by 46 CFR 147.60 and 147.65.
Halon 1301 and halocarbon..........................  Recharge or replace if weight loss exceeds 5 percent of the
                                                      weight of the charge or if cylinder has a pressure gauge,
                                                      recharge cylinder if pressure loss exceeds 10 percent,
                                                      adjusted for temperature. Test time delays, alarms, and
                                                      ventilation shutdowns with carbon dioxide, nitrogen, or
                                                      other nonflammable gas as stated in the system
                                                      manufacturer's instruction manual. Inspect hoses for
                                                      damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections to Halon 1301 and halocarbon cylinders must be
                                                      tested or renewed, as required by 46 CFR 147.60 and 147.65
                                                      or 147.67. Note that Halon 1301 system approvals have
                                                      expired, but that existing systems may be retained if they
                                                      are in good and serviceable condition to the satisfaction
                                                      of the Coast Guard inspector.
Dry chemical (cartridge operated)..................  Examine pressure cartridge and replace if end is punctured,
                                                      has leaked, or is otherwise unsuitable. Inspect hose and
                                                      nozzle to see if they are clear. Insert charged cartridge.
                                                      Ensure dry chemical is free flowing, not caked, and
                                                      extinguisher contains full charge.
Dry chemical (stored pressure).....................  See that pressure gauge is in the operating range. If not,
                                                      or if the seal is broken, weigh or otherwise determine
                                                      that extinguisher is fully charged with dry chemical.
                                                      Recharge cylinder if pressure is low or if dry chemical is
                                                      needed.
Foam (stored pressure).............................  See that the pressure gauge is in the operating range. If
                                                      not, or if the seal is broken, weigh or otherwise
                                                      determine that extinguisher is fully charged with foam.
                                                      Recharge cylinder if pressure is low or if foam is needed.
                                                      Replace premixed agent every 3 years.
Inert gas..........................................  Recharge or replace cylinder if cylinder pressure loss
                                                      exceeds 5 percent of the specified gauge pressure,
                                                      adjusted for temperature. Test time delays, alarms, and
                                                      ventilation shutdowns with carbon dioxide, nitrogen, or
                                                      other nonflammable gas as stated in the system
                                                      manufacturer's instruction manual. Inspect hoses for
                                                      damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections on fixed inert extinguishers must be tested or
                                                      renewed as required by 46 CFR 147.60 and 147.66.
Water mist.........................................  Maintain system in accordance with maintenance instructions
                                                      in system manufacturer's design, installation, operation,
                                                      and maintenance manual.
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 118--FIRE PROTECTION EQUIPMENT

0
83. The authority citation for part 118 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


0
84. In Sec.  118.115, revise the section heading and add paragraph (d) 
to read as follows:


Sec.  118.115  Applicability; preemptive effect.

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

0
85. In Sec.  118.410, add paragraphs (f)(7) through (12) and (h) to 
read as follows:


Sec.  118.410  Fixed gas fire extinguishing systems.

* * * * *
    (f) * * *
    (7) A lockout valve must be provided on any carbon dioxide 
extinguishing system protecting a space over 6,000 cubic feet in volume 
and installed or altered after [July 9, 2013. ``Altered'' means 
modified or refurbished beyond the maintenance required by the 
manufacturer's design, installation, operation and maintenance manual.
    (8) The lockout valve must be a manually operated valve located in 
the discharge manifold prior to the stop valve or selector valves. When 
in the closed position, the lockout valve must provide complete 
isolation of the system from the protected space or spaces, making it 
impossible for carbon dioxide to discharge in the event of equipment 
failure during maintenance.
    (9) The lockout valve design or locking mechanism must make it 
obvious whether the valve is open or closed.
    (10) A valve is considered a lockout valve if it has a hasp or 
other means of attachment to which, or through which, a lock can be 
affixed, or it has a locking mechanism built into it.
    (11) The master or person-in-charge must ensure that the valve is 
locked open at all times, except while maintenance is being performed 
on the extinguishing system, when the valve must be locked in the 
closed position.
    (12) Lockout valves added to existing systems must be approved by 
the Commandant as part of the installed system.
* * * * *
    (h) Each carbon dioxide extinguishing system installed or altered 
after July 9, 2013, must have an approved odorizing unit to produce the 
scent of wintergreen, the detection of which will serve as an 
indication that carbon dioxide gas is present in a protected area and 
any other area into which the carbon dioxide may migrate. ``Altered'' 
means modified or refurbished beyond the maintenance required by the 
manufacturer's design, installation, operation and maintenance manual.
* * * * *

PART 119--MACHINERY INSTALLATION

0
86. The authority citation for part 119 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

0
87. In Sec.  119.100, revise the section heading and add a third 
sentence to read as follows:


Sec.  119.100  Intent; preemptive effect.

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


0
88. In Sec.  119.710, revise paragraph (a)(3) to read as follows:


Sec.  119.710  Piping for vital systems.

    (a) * * *
    (3) Carbon dioxide, Halon 1301, and clean agent systems;
* * * * *

[[Page 33884]]

PART 122--OPERATIONS

0
89. The authority citation for part 122 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.


0
90. In Sec.  122.115, revise the section heading and add paragraph (d) 
to read as follows:

Sec.  122.115  Applicability; preemptive effect.

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

0
91. In Sec.  122.612, add paragraph (i) to read as follows:


Sec.  122.612  Fire protection equipment.

* * * * *
    (i) Carbon dioxide warning signs. Each entrance to a space storing 
carbon dioxide cylinders, a space protected by carbon dioxide systems, 
or any space into which carbon dioxide might migrate must be 
conspicuously marked as follows:
    (1) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE 
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH 
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''.
    (2) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN 
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS 
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK OUT SYSTEM WHEN 
SERVICING.'' The reference to wintergreen scent may be omitted for 
carbon dioxide systems not required to have odorizing units and not 
equipped with such units.
    (3) Spaces into which carbon dioxide might migrate--``CARBON 
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN 
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED 
VACATE IMMEDIATELY.'' The reference to wintergreen scent may be omitted 
for carbon dioxide systems not required to have odorizing units and not 
equipped with such units.

PART 131--OPERATIONS

0
92. The authority citation for part 131 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 10104; E.O. 
12234, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 3 CFR, 1991 Comp., p. 
351; Department of Homeland Security Delegation No. 0170.1.

0
93. Revise the subpart A heading to read as follows:

Subpart A--General Provisions; Notice of Casualty and Records of 
Voyage


Sec. Sec.  131.101 through 131.109  [Reserved]

0
94. In subpart A, add reserved Sec. Sec.  131.101 through 131.109 and 
add Sec.  131.100 to read as follows:


Sec.  131.100  Preemptive effect.

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


0
95. Revise Sec.  131.815 to read as follows:


Sec.  131.815  Carbon dioxide and clean agent alarms.

    Each carbon dioxide or clean agent fire extinguishing alarm must be 
conspicuously marked: ``WHEN ALARM SOUNDS VACATE AT ONCE. CARBON 
DIOXIDE OR CLEAN AGENT BEING RELEASED.''

0
96. Add Sec.  131.817 to read as follows:


Sec.  131.817  Carbon dioxide warning signs.

    Each entrance to a space storing carbon dioxide cylinders, a space 
protected by carbon dioxide systems, or any space into which carbon 
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE 
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH 
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''.
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN 
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS 
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK OUT SYSTEM WHEN 
SERVICING.'' The reference to wintergreen scent may be omitted for 
carbon dioxide systems not required to have odorizing units and not 
equipped with such units.
    (c) Spaces into which carbon dioxide might migrate--``CARBON 
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN 
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED 
VACATE IMMEDIATELY.'' The reference to wintergreen scent may be omitted 
for carbon dioxide systems not required to have odorizing units and not 
equipped with such units.

0
97. Revise Sec.  131.825 to read as follows:


Sec.  131.825  Fixed fire extinguishing system controls.

    Each control cabinet or space containing a valve or manifold for a 
fire extinguishing system must be distinctly marked in conspicuous red 
letters at least 2 inches high: ``[CARBON DIOXIDE/HALON/CLEAN AGENT] 
FIRE APPARATUS'', as appropriate.

PART 132--FIRE-PROTECTION EQUIPMENT

0
98. The authority citation for part 132 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3307; Department of Homeland Security 
Delegation No. 0170.1.


0
99. Revise the subpart A heading to read as follows:

Subpart A--General Provisions; Fire Main

0
100. In Sec.  132.100, revise the section heading and add paragraph (d) 
to read as follows:


Sec.  132.100  General; preemptive effect.

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


Sec.  132.350  [Amended]

0
101. In Sec.  132.350, revise Table 132.350 to read as follows:
* * * * *

                    Table 132.350--Tests of Semiportable and Fixed Fire-Extinguishing Systems
----------------------------------------------------------------------------------------------------------------
                   Type of system                                                Test
----------------------------------------------------------------------------------------------------------------
Carbon dioxide.....................................  Weigh cylinders. Recharge cylinder if weight loss exceeds
                                                      10 percent of the weight of the charge. Test time delays,
                                                      alarms, and ventilation shutdowns with carbon dioxide,
                                                      nitrogen, or other nonflammable gas as stated in the
                                                      system manufacturer's instruction manual. Inspect hoses
                                                      for damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections on fixed carbon dioxide systems must be tested
                                                      or renewed, as required by 46 CFR 147.60 and 147.65.

[[Page 33885]]

 
Halon 1301 and halocarbon..........................  Recharge or replace if weight loss exceeds 5 percent of the
                                                      weight of the charge or if cylinder has a pressure gauge,
                                                      recharge cylinder if pressure loss exceeds 10 percent,
                                                      adjusted for temperature. Test time delays, alarms, and
                                                      ventilation shutdowns with carbon dioxide, nitrogen, or
                                                      other nonflammable gas as stated in the system
                                                      manufacturer's instruction manual. Inspect hoses for
                                                      damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections to Halon 1301 and halocarbon cylinders must be
                                                      tested or renewed, as required by 46 CFR 147.60 and 147.65
                                                      or 147.67. Note that Halon 1301 system approvals have
                                                      expired, but that existing systems may be retained if they
                                                      are in good and serviceable condition to the satisfaction
                                                      of the Coast Guard inspector.
Dry chemical (cartridge-operated)..................  Examine pressure cartridge and replace if end is punctured
                                                      or if cartridge has leaked or is otherwise unsuitable.
                                                      Inspect hose and nozzle to see that they are clear. Insert
                                                      charged cartridge. Ensure that dry chemical is free-
                                                      flowing (not caked) and that extinguisher contains full
                                                      charge.
Dry chemical (stored pressure).....................  See that pressure gauge is in operating range. If not, or
                                                      if seal is broken, weigh or otherwise determine that
                                                      extinguisher is fully charged with dry chemical. Recharge
                                                      if pressure is low or if dry chemical is needed.
Foam (stored pressure).............................  See that any pressure gauge is in the operating range. If
                                                      it is not, or if seal is broken, weigh or otherwise
                                                      determine that extinguisher is fully charged with foam.
                                                      Recharge if pressure is low or if foam is needed. Replace
                                                      premixed agent every 3 years.
Inert gas..........................................  Recharge or replace cylinder if cylinder pressure loss
                                                      exceeds 5 percent of the specified gauge pressure,
                                                      adjusted for temperature. Test time delays, alarms, and
                                                      ventilation shutdowns with carbon dioxide, nitrogen, or
                                                      other nonflammable gas as stated in the system
                                                      manufacturer's instruction manual. Inspect hoses for
                                                      damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections on fixed inert extinguishers must be tested or
                                                      renewed as required by 46 CFR 147.60 and 147.66.
Water mist.........................................  Maintain system in accordance with the maintenance
                                                      instructions in the system manufacturer's design,
                                                      installation, operation, and maintenance manual.
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 147--HAZARDOUS SHIPS' STORES

0
102. The authority citation for part 147 continues to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


0
103. In Sec.  147.1, revise the section heading and add paragraph (d) 
to read as follows:


Sec.  147.1  Purpose; applicability; preemptive effect.

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

0
104. Revise Sec.  147.7 to read as follows:


Sec.  147.7  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Coast Guard must publish notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at the 
Coast Guard, Office of Operating and Environmental Standards (CG-522), 
2100 2nd Street SW., Stop 7126, Washington, DC 20593-7126, and is 
available from the sources listed below. It is also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Boat and Yacht Council, Inc. (ABYC), 613 Third Street, 
Suite 10, Annapolis, MD 21403, telephone 410-990-4460, www.abyinc.org.
    (1) ABYC H-25-81, Portable Fuel Systems and Portable Containers for 
Flammable Liquids, (May 12, 1981), (``ABYC H-25-81''), IBR approved for 
Sec.  147.45.
    (2) [Reserved].
    (c) American Society of Heating, Refrigerating, and Air-
Conditioning Engineers, Inc. (ASHRAE), Publication Sales Department, 
1791 Tullie Circle NE., Atlanta, GA 30329, telephone 404-636-8400, 
www.ashrae.org.
    (1) ANSI/ASHRAE 34-78, Number Designation of Refrigerants (approved 
1978), (``ANSI/ASHRAE 34-78''), IBR approved for Sec.  147.90.
    (2) [Reserved].
    (d) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA, 02169-7471, telephone 617-770-3000, www.nfpa.org.
    (1) NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems, 
2008 Edition, (``NFPA 2001''), IBR approved for Sec. Sec.  147.66 and 
147.67.
    (2) [Reserved].
    (e) Public Health Service, Department of Health and Human Services 
(DHHS), Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402.
    (1) DHHS Publication No. (PHS) 84-2024, The Ship's Medicine Chest 
and Medical Aid at Sea (revised 1984), (``DHHS Publication No. (PHS) 
84-2024''), IBR approved for Sec.  147.105.
    (2) [Reserved].
    (f) Underwriters Laboratories, Inc. (UL), 333 Pfingsten Road, 
Northbrook, IL 60062, telephone 847-272-8800, www.ul.com.
    (1) UL 30, Standard for Metal Safety Cans, 7th Ed. (revised March 
3, 1987), (``UL 30''), IBR approved for Sec.  147.45.
    (2) UL 1185, Standard for Portable Marine Fuel Tanks, Second 
Edition, revised July 6, 1984, (``UL 1185''), IBR approved for Sec.  
147.45.
    (3) UL 1313, Standard for Nonmetallic Safety Cans for Petroleum 
Products, 1st Ed. (revised March 22, 1985), (``UL 1313''), IBR approved 
for Sec.  147.45.
    (4) UL 1314, Standard for Special-Propose Containers, 1st Ed. 
(revised February 7, 1984), (``UL 1314''), IBR approved for Sec.  
147.45.

0
105. In Sec.  147.45, revise paragraphs (f)(4) through (6) to read as 
follows:


Sec.  147.45  Flammable and combustible liquids.

* * * * *
    (f) * * *
    (4) A portable outboard fuel tank meeting the specifications of 
ABYC H-25-81 (incorporated by reference, see

[[Page 33886]]

Sec.  147.7) or one identified by Underwriters Laboratories as meeting 
the specifications of UL 1185 (incorporated by reference, see Sec.  
147.7);
    (5) A portable safety container identified by Underwriters 
Laboratories as meeting the specifications of UL 30 or UL 1313 (both 
incorporated by reference, see Sec.  147.7); or
    (6) A portable safety container identified by Underwriters 
Laboratories as meeting the requirements of UL 1314 (incorporated by 
reference, see Sec.  147.7).
* * * * *

0
106. In Sec.  147.60, revise paragraph (a)(4) to read as follows:


Sec.  147.60  Compressed gases.

* * * * *
    (a) * * *
    (4) Except as provided in 46 CFR 147.65, 147.66, and 147.67, 
maintained and retested in accordance with 49 CFR 180.
* * * * *

0
107. Add Sec.  147.66 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 five years, except that 
cylinders with a water capacity of 125 pounds or less may be retested 
every 10 years in accordance with 49 CFR 180.209(b).
    (b) An inert gas cylinder must be removed from service if it:
    (1) Leaks;
    (2) Is dented, bulging, severely corroded, or otherwise weakened;
    (3) Has lost more than 5 percent of its tare weight; or
    (4) Has been involved in a fire.
    (c) Flexible connections between cylinders and discharge piping for 
fixed inert gas fire extinguishing systems must be renewed or retested 
in accordance with section 7.3 of NFPA 2001 (incorporated by reference, 
see Sec.  147.7).

0
108. Add Sec.  147.67 to read as follows:


Sec.  147.67  Halocarbon fire extinguishing systems.

    (a) Each halocarbon cylinder forming part of a clean agent fixed 
fire extinguishing system must be:
    (1) Retested at least once every 12 years and before recharging if 
it has been discharged and more than five years have elapsed since the 
last test; or
    (2) As an alternative, a cylinder conforming to the requirements of 
49 CFR 180.209(g) may be given the complete external visual inspection 
in lieu of hydrostatic testing provided for by that section.
    (b) A halocarbon cylinder must be removed from service if it:
    (1) Leaks;
    (2) Is dented, bulging, severely corroded, or otherwise weakened;
    (3) Has lost more than 5 percent of its tare weight; or
    (4) Has been involved in a fire.
    (c) Flexible connections between cylinders and discharge piping for 
halocarbon fire extinguishing systems must be renewed or retested in 
accordance with section 7.3 of NFPA 2001 (incorporated by reference, 
see Sec.  147.7).

PART 162--ENGINEERING EQUIPMENT

0
109. The authority citation for part 162 continues to read as follows:

    Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104, 
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 
11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; Department of 
Homeland Security Delegation No. 0170.1.


0
110. Revise the subpart 162.017 heading to read as follows:

Subpart 162.017--General Provisions; Valves, Pressure-Vacuum 
Relief, for Tank Vessels

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


Sec.  162.017-1  Preemptive effect; incorporation by reference.

    (a) The regulations in this part have preemptive effect over State 
or local regulations in the same field.
    (b) Certain material is incorporated by reference into this 
subchapter with the approval of the Director of the Federal Register 
under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in this section, the Coast Guard must publish 
notice of change in the Federal Register and the material must be 
available to the public. All approved material is available for 
inspection at the U.S. Coast Guard, Office of Design and Engineering 
Standards (CG-521), 2100 2nd St. SW., Stop 7126, Washington, DC 20593-
7126, and is available from the sources listed below. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) International Organization for Standardization (ISO), Case 
postal 56, CH-1211 Geneva 20, Switzerland, telephone +41 22 749 01 11, 
www.iso.org.
    (1) ISO 15364, Ships and Marine Technology--Pressure/Vacuum Valves 
for Cargo Tanks, First Edition (Sep. 1, 2000), (``ISO 15364''), IBR 
approved for Sec.  162.017-3.
    (2) [Reserved]

0
112. Add subpart 162.161 to read as follows:
Subpart 162.161--Fixed Clean Agent Fire Extinguishing Systems
Sec.
162.161-1 Scope.
162.161-2 Incorporation by reference.
162.161-3 Materials.
162.161-4 Construction.
162.161-5 Instruction manual for design, installation, operation, 
and maintenance.
162.161-6 Tests for approval.
162.161-7 Inspections at production.
162.161-8 Marking.
162.161-9 Procedure for approval.

Subpart 162.161--Fixed Clean Agent Fire Extinguishing Systems


Sec.  162.161-1  Scope.

    (a) This subpart applies to each engineered fixed fire 
extinguishing system using a halocarbon or an inert gas as an agent. It 
does not apply to pre-engineered systems.
    (b) Each system must be designed for protection against fires in 
both Class B flammable liquids and Class C energized electrical 
equipment, as those hazard classes are defined in NFPA 2001 
(incorporated by reference, see Sec.  162.161-2).
    (c) Each system must meet the requirements of this subpart, be 
listed or approved by an independent laboratory approved by the Coast 
Guard and listed at http://cgmix.uscg.mil/, bear the mark of the 
laboratory, and be approved by the Coast Guard under 46 CFR 159.005-13.


Sec.  162.161-2  Incorporation by reference.

    (a) 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. To enforce any edition other than that 
specified in this section, the Coast Guard must publish a notice of 
change in the Federal Register and the material must be available to 
the public. All approved material is available for inspection at U.S. 
Coast Guard, Office of Operating and Environmental Standards (CG-522), 
2100 2nd Street SW., Stop 7126, Washington, DC 20593-7126, and is 
available from the sources indicated in this section, and is available 
from the sources listed below. It is also available for inspection at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-

[[Page 33887]]

6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications 
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, telephone 
+44 (0)20 7735 7611, www.imo.org.
    (1) MSC/Circ. 848, Revised Guidelines for The Approval of 
Equivalent Fixed Gas Fire-Extinguishing Systems, as Referred to in 
SOLAS 74, for Machinery Spaces and Cargo Pump-Rooms (June 8, 1998), 
(``MSC/Circ. 848''), IBR approved for Sec.  162.161-6.
    (2) MSC.1/Circ. 1267, Amendments to Revised Guidelines for the 
Approval of Equivalent Fixed Gas Fire-Extinguishing Systems, as 
Referred to in SOLAS 74, for Machinery Spaces and Cargo Pump-Rooms 
(MSC/Circ. 848) (June 4, 2008), (``MSC.1/Circ. 1267''), IBR approved 
for Sec.  162.161-6.
    (c) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169-7471, telephone 617-770-3000, http://www.nfpa.org.
    (1) NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems, 
2008 Edition, (``NFPA 2001''), IBR approved for Sec. Sec.  162.161-1 
and 162.161-3.
    (2) [Reserved].
    (d) Underwriters Laboratories, Inc. (UL), 333 Pfingsten Road, 
Northbrook, IL 60062, telephone 847-272-8800, www.ul.com.
    (1) UL 2127, Standard for Safety forInert Gas Clean Agent 
Extinguishing System Units (Revised March 22, 2001), (``UL 2127''), IBR 
approved for Sec. Sec.  162.161-5, 162.161-6 and 162.161-7.
    (2) UL 2166, Standard for Safety for Halocarbon Clean Agent 
Extinguishing System Units (Revised March 22, 2001), (``UL 2166''), IBR 
approved for Sec. Sec.  162.161-5, 162.161-6 and 162.161-7.


Sec.  162.161-3  Materials.

    (a) All system components must meet the requirements of NFPA 2001 
(incorporated by reference, see Sec.  162.161-2) and be made of metal, 
except for bushings, o-rings, and gaskets. Aluminum or aluminum alloys 
may not be used.
    (b) Metal components must:
    (1) Have a solidus melting point of at least 1700[emsp14][deg]F;
    (2) Be corrosion resistant; and
    (3) Be galvanically compatible with each adjoining metal component, 
or if galvanically incompatible, be separated by a bushing, o-ring, 
gasket, or similar device.
    (c) Each extinguishing agent must be:
    (1) Listed as an acceptable total flooding agent for occupied areas 
on the Environmental Protection Agency's Significant New Alternative 
Products (SNAP) list, 40 CFR part 82, subpart G, Appendix A; and
    (2) Identified as an extinguishing agent in NFPA 2001 (incorporated 
by reference, see Sec.  162.161-2).
    (d) The extinguishing concentration of extinguishing agent required 
for each system must be determined by the cup burner method, described 
in NFPA 2001 (incorporated by reference, see Sec.  162.161-2), for the 
specific fuel requiring the highest extinguishing concentration.
    (e) The design concentration of the agent required for each 
protected space must be calculated using a safety factor of 1.3 times 
the extinguishing concentration. The quantity must be calculated at the 
minimum expected ambient temperature using the design concentration 
based on either:
    (1) Gross volume, including the casing, bilge, and free air 
contained in air receivers; or
    (2) Net volume, calculated as shown in NFPA 2001 (incorporated by 
reference, see Sec.  162.161-2), including the casing, bilge, and free 
air contained in air receivers, if one of the following is 
satisfactorily performed:
    (i) Full discharge test; or
    (ii) Enclosure integrity procedure in accordance with Annex C of 
NFPA 2001; for discharge or enclosure integrity tests, the minimum 
concentration hold time must be 15 minutes, and the extinguishing agent 
concentration at the end of the hold time must be at least 85 percent 
of the design concentration.
    (f) If fuel can drain from the compartment being protected to an 
adjacent compartment or if the compartments are not entirely separate, 
the quantity must be sufficient for both compartments.


Sec.  162.161-4  Construction.

    (a) Each pressure vessel must comply with 46 CFR 147.60(a) and (b).
    (b) Each system must be capable of operation without an external 
power source.
    (c) Manual actuation for the system must be by mechanical or 
pneumatic means.
    (d) Automatically actuated systems must be released by pneumatic or 
fusible element detection systems.
    (e) Each system installed with the extinguishing agent cylinders 
stored inside a protected space of 6,000 cubic feet or less must use 
automatic actuation as the primary means of actuation and have a remote 
backup manual mechanical actuator.
    (f) Each container charged with nitrogen must have a pressure 
gauge.


Sec.  162.161-5  Instruction manual for design, installation, 
operation, and maintenance.

    (a) The manufacturer must prepare a system instruction manual for 
design, installation, operation, and maintenance of the system. The 
manual must be reviewed and accepted by an independent laboratory 
listed in 46 CFR 162.161-10 and approved by the Coast Guard under 46 
CFR 159.005-13.
    (b) The manual must include:
    (1) The design information as required in the Design Manual as 
detailed in UL 2166 (incorporated by reference, see Sec.  162.161-2) 
for halocarbon systems and UL 2127 (incorporated by reference, see 
Sec.  162.161-2) for inert gas systems;
    (2) Installation, operation, and maintenance instructions as 
required in the Installation, Operation, and Maintenance Instruction 
Manual detailed in UL 2166 for halocarbon systems and UL 2127 for inert 
gas systems;
    (3) Identification of the computer program listed or approved by 
the independent laboratory for designing the system;
    (4) A sample diagram and calculation for a marine system for a 
large inspected vessel with several spaces to be protected by the same 
system;
    (5) The approval number issued by the Coast Guard for the system 
under 46 CFR 159.005-13;
    (6) A parts list with manufacturer's part numbers and a description 
of each system component;
    (7) An index of chapters; and
    (8) Issue and revision dates for each page.
    (c) The manufacturer of each system must provide at least one copy 
of the system manual with each system.


Sec.  162.161-6  Tests for approval.

    Prior to approval by an independent laboratory each system must:
    (a) Satisfy the test method of MSC/Circ. 848 as amended by MSC.1/
Circ. 1267 (both incorporated by reference, see Sec.  162.161-2), 
except that:
    (1) The Fire Type A (Tell tale) test must be conducted when the 
charged system cylinders have been conditioned for 24 hours at 
32[emsp14][deg]F or at the expected service temperature, if lower than 
32[emsp14][deg]F.
    (2) [Reserved].
    (b) Satisfy the following test requirements as indicated in UL 2166 
(incorporated by reference, see Sec.  162.161-2) for halocarbon systems 
or UL 2127 for inert gas systems (incorporated by reference, see Sec.  
162.161-2):
    (1) Nozzle distribution;
    (2) Flow calculation method verification to determine that the 
manufacturer's calculation method

[[Page 33888]]

accurately predicts the discharge time, nozzle pressure, and 
distribution of the extinguishing agent;
    (3) Salt spray corrosion resistance for marine-type systems;
    (4) Vibration resistance of installed components for marine-type 
systems; and
    (5) Any additional tests contained in UL 2166 for halocarbon 
systems or UL 2127 for inert gas systems, as required for listing by 
the independent laboratory.
    (c) Equivalent length of installed components must be identified 
and included in the test report in accordance with UL 2166 
(incorporated by reference, see Sec.  162.161-2) for halocarbon systems 
or UL 2127 (incorporated by reference, see Sec.  162.161-2) for inert 
gas systems.


Sec.  162.161-7  Inspections at production.

    (a) The system must be inspected in accordance with this section 
and 46 CFR 159.007-1 through 159.007-13, and tested using any 
additional tests that the Commandant (CG-5214) may deem necessary to 
maintain control of quality and to ensure compliance with this subpart.
    (b) The manufacturer must:
    (1) Institute procedures to maintain control over the materials 
used, over the manufacturing of the systems, and over the finished 
systems;
    (2) Admit the independent laboratory inspector and any 
representative of the Coast Guard to any place where work is being done 
on systems and any place where parts or complete systems are stored;
    (3) Allow the independent laboratory inspector and any 
representative of the Coast Guard to take samples of systems for tests 
prescribed by this subpart; and
    (4) Conduct a leakage test on each system cylinder-valve assembly 
in accordance with subsections 57.1 through 57.4.2 of UL 2166 
(incorporated by reference, see Sec.  162.161-2) for halocarbon systems 
or subsection 55.4 of UL 2127 (incorporated by reference, see Sec.  
162.161-2) for inert gas systems.


Sec.  162.161-8  Marking.

    The following information must be displayed on a permanent metal or 
pressure-sensitive nameplate attached to each agent storage cylinder/
valve assembly:
    (a) Manufacturer's name, address, and telephone number;
    (b) Coast Guard approval number assigned to the system under 46 CFR 
159.005-13;
    (c) Identifying mark of the laboratory;
    (d) Reference to the laboratory's listing standard;
    (e) Type of extinguishing agent;
    (f) Operating pressure at 70[emsp14][deg]Fahrenheit;
    (g) Storage temperature range;
    (h) Factory test pressure of the cylinder;
    (i) Reference to the manufacturer's marine design, installation, 
operation, and maintenance manual;
    (j) Weight of agent charge and gross weight of cylinder/valve 
assembly;
    (k) Minimum maintenance instructions; and
    (l) Any other information required by the laboratory or another 
government agency.


Sec.  162.161-9  Procedure for approval.

    (a) Preapproval review is required as detailed in 46 CFR 159.005-5 
and 159.005-7.
    (b) Applications for approval must be submitted in accordance with 
46 CFR 159.005-9 through 159.005-12 to the Commandant (CG-5214). In 
addition to the listed requirements:
    (1) Evidence must be shown that an acceptable follow-up factory 
inspection program is in place in each factory location. This could be 
demonstrated by providing an original copy of the contract for a 
follow-up program between the manufacturer and the independent 
laboratory. The follow-up program must include provisions that prohibit 
changes to the approved equipment without review and approval by the 
independent laboratory.
    (2) Two design, installation, operation and maintenance manuals 
must be submitted.

PART 167--PUBLIC NAUTICAL SCHOOL SHIPS

0
113. The authority citation for part 167 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3307, 6101, 8105; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.


0
114. In Sec.  167.01-5, revise the section heading and add paragraph 
(d) to read as follows:


Sec.  167.01-5  Applicability; preemptive effect.

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


0
115. In Sec.  167.45-1, revise the section heading and paragraphs 
(a)(3), (7), (8), and (9) to read as follows:


Sec.  167.45-1  Steam, carbon dioxide, Halon 1301, and clean agent fire 
extinguishing systems.

    (a) * * *
    (3) Cabinets, boxes, or casings enclosing manifolds or valves must 
be marked in conspicuous red letters at least 2 inches high: ``[STEAM/
CARBON DIOXIDE/HALON/CLEAN AGENT--as appropriate] FIRE APPARATUS.''.
* * * * *
    (7) At annual inspections, each carbon dioxide cylinder, whether 
fixed or portable, each Halon 1301 cylinder, and each clean agent 
cylinder must be examined externally and replaced if excessive 
corrosion is found; and:
    (i) Each carbon dioxide cylinder must be weighed and recharged if 
its weight loss exceeds 10 percent of the charge;
    (ii) Each Halon 1301 and halocarbon cylinder must be weighed and 
checked, and recharged or replaced if weight loss exceeds 5 percent of 
required weight of charge or if cylinder pressure loss exceeds 10 
percent of specified gauge pressure, adjusted for temperature; and
    (iii) Each inert gas cylinder must be checked and recharged or 
replaced if cylinder pressure loss exceeds 5 percent of specified gauge 
pressure adjusted for temperature.
    (8) Carbon dioxide, Halon 1301, and clean agent cylinders carried 
on board nautical school ships must be tested and marked in accordance 
with the requirements of 46 CFR 147.60, 147.65, 147.66, and 147.67.
    (9) On all systems test time delays, alarms, and ventilation 
shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as 
stated in the system manufacturer's instruction manual. Inspect hoses 
for damage or decay. Ensure that nozzles are unobstructed.
* * * * *


0
116. In Sec.  167.45-45, revise the section heading and add paragraphs 
(d) and (e) to read as follows:


Sec.  167.45-45  Carbon dioxide fire extinguishing system requirements.

* * * * *
    (d)(1) A lockout valve must be provided on any carbon dioxide 
extinguishing system protecting a space over 6,000 cubic feet in volume 
and installed or altered after July 9, 2013. ``Altered'' means modified 
or refurbished beyond the maintenance required by the manufacturer's 
design, installation, operation and maintenance manual.
    (2) The lockout valve must be a manually operated valve located in 
the discharge manifold prior to the stop valve or selector valves. When 
in the closed position, the lockout valve must provide complete 
isolation of the system from the protected space or spaces, making it 
impossible for carbon dioxide to discharge in the event of equipment 
failure during maintenance.

[[Page 33889]]

    (3) The lockout valve design or locking mechanism must make it 
obvious whether the valve is open or closed.
    (4) A valve is considered a lockout valve if it has a hasp or other 
means of attachment to which, or through which, a lock can be affixed, 
or it has a locking mechanism built into it.
    (5) The master or person-in-charge must ensure that the valve is 
locked open at all times, except while maintenance is being performed 
on the extinguishing system, when the valve must be locked in the 
closed position.
    (6) Lockout valves added to existing systems must be approved by 
the Commandant as part of the installed system.
    (e) Each carbon dioxide extinguishing system installed or altered 
after [July 9, 2013, must have an approved odorizing unit to produce 
the scent of wintergreen, the detection of which will serve as an 
indication that carbon dioxide gas is present in a protected area and 
any other area into which the carbon dioxide may migrate. ``Altered'' 
means modified or refurbished beyond the maintenance required by the 
manufacturer's design, installation, operation and maintenance manual.

0
117. In Sec.  167.55-5, add paragraphs (c)(1) and (2) to read as 
follows:


Sec.  167.55-5  Marking of fire and emergency equipment.

* * * * *
    (c) * * *
    (1) Steam, foam, carbon dioxide, Halon, or clean agent fire 
smothering apparatus. Steam, foam, carbon dioxide, Halon, or clean 
agent fire smothering apparatus must be marked ``[STEAM/FOAM/CARBON 
DIOXIDE/HALON/CLEAN AGENT--as appropriate] FIRE APPARATUS,'' in red 
letters at least 2 inches high, and the valves of all branch piping 
leading to the several compartments must be distinctly marked to 
indicate the compartments or parts of the nautical school ship to which 
they lead.
    (2) Each entrance to a space storing carbon dioxide cylinders, a 
space protected by carbon dioxide systems, or any space into which 
carbon dioxide might migrate must be conspicuously marked as follows:
    (i) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE 
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH 
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''.
    (ii) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN 
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS 
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK OUT SYSTEM WHEN 
SERVICING.'' The reference to wintergreen scent may be omitted for 
carbon dioxide systems not required to have odorizing units and not 
equipped with such units.
    (iii) Spaces into which carbon dioxide might migrate--``CARBON 
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN 
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED 
VACATE IMMEDIATELY.'' The reference to wintergreen scent may be omitted 
for carbon dioxide systems not required to have odorizing units and not 
equipped with such units.
* * * * *

PART 169--SAILING SCHOOL VESSELS

0
118. The authority citation for part 169 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L. 103-
206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 793; Department of Homeland Security Delegation No. 
0170.1; Sec.  169.117 also issued under the authority of 44 U.S.C. 
3507.


0
119. In Sec.  169.101, revise the section heading and add a second 
sentence to read as follows:


Sec.  169.101  Purpose; preemptive effect.

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


0
120. In Sec.  169.247, revise Table 169.247(a)(2) and add reserved 
paragraph (b) to read as follows:


Sec.  169.247  Firefighting equipment.

* * * * *

                                       Table 169.247(a)(2)--Fixed Systems
----------------------------------------------------------------------------------------------------------------
                   Type system                                                 Test
----------------------------------------------------------------------------------------------------------------
Carbon dioxide..................................  Weigh cylinders. Recharge cylinder if weight loss exceeds 10
                                                   percent of the weight of the charge. Test time delays,
                                                   alarms, and ventilation shutdowns with carbon dioxide,
                                                   nitrogen, or other nonflammable gas as stated in the system
                                                   manufacturer's instruction manual. Inspect hoses for damage
                                                   or decay. Ensure that nozzles are unobstructed. Cylinders
                                                   must be tested and marked, and all flexible connections on
                                                   fixed carbon dioxide systems must be tested or renewed, as
                                                   required by 46 CFR 147.60 and 147.65.
Halon 1301 or halocarbon........................  Recharge or replace if weight loss exceeds 5 percent of the
                                                   weight of the charge or if cylinder has a pressure gauge,
                                                   recharge cylinder if pressure loss exceeds 10 percent,
                                                   adjusted for temperature. Test time delays, alarms, and
                                                   ventilation shutdowns with carbon dioxide, nitrogen, or other
                                                   nonflammable gas as stated in the system manufacturer's
                                                   instruction manual. Inspect hoses for damage or decay. Ensure
                                                   that nozzles are unobstructed. Cylinders must be tested and
                                                   marked, and all flexible connections to Halon 1301 and
                                                   halocarbon cylinders must be tested or renewed, as required
                                                   by 46 CFR 147.60 and 147.65 or 147.67. Note that Halon 1301
                                                   system approvals have expired, but that existing systems may
                                                   be retained if they are in good and serviceable condition to
                                                   the satisfaction of the Coast Guard inspector.
Inert gas.......................................  Recharge or replace cylinder if cylinder pressure loss exceeds
                                                   5 percent of the specified gauge pressure, adjusted for
                                                   temperature. Test time delays, alarms, and ventilation
                                                   shutdowns with carbon dioxide, nitrogen, or other
                                                   nonflammable gas as stated in the system manufacturer's
                                                   instruction manual. Inspect hoses for damage or decay. Ensure
                                                   that nozzles are unobstructed. Cylinders must be tested and
                                                   marked, and all flexible connections on fixed inert
                                                   extinguishers must be tested or renewed as required by 46 CFR
                                                   147.60 and 147.66.
Water mist......................................  Maintain system in accordance with the maintenance
                                                   instructions in the system manufacturer's design,
                                                   installation, operation, and maintenance manual.
----------------------------------------------------------------------------------------------------------------


[[Page 33890]]

     (b) [Reserved].

0
121. Revise Sec.  169.564 to read as follows:


Sec.  169.564  Fixed extinguishing system, general.

    (a) A fixed carbon dioxide, Halon 1301, or clean agent 
extinguishing system must be installed to protect the following spaces:
    (1) Any vessel machinery or fuel tank space, except where the space 
is so open to the atmosphere as to make the use of a fixed system 
ineffective;
    (2) Any paint or oil room, or similar hazardous space; and
    (3) Any galley stove area on a vessel greater than 90 feet in 
length and certificated for exposed or partially protected water 
service.
    (b) Each fixed extinguishing system must be of an approved carbon 
dioxide, Halon 1301, halogenated, or clean agent type and installed to 
the satisfaction of the Officer in Charge, Marine Inspection.

0
122. Add Sec.  169.570 to read as follows:


Sec.  169.570  Lockout valves.

    (a) A lockout valve must be provided on any carbon dioxide 
extinguishing system protecting a space over 6,000 cubic feet in volume 
and installed or altered after [July 9, 2013. ``Altered'' means 
modified or refurbished beyond the maintenance required by the 
manufacturer's design, installation, operation and maintenance manual.
    (b) The lockout valve must be a manually operated valve located in 
the discharge manifold prior to the stop valve or selector valves. When 
in the closed position, the lockout valve must provide complete 
isolation of the system from the protected space or spaces, making it 
impossible for carbon dioxide to discharge in the event of equipment 
failure during maintenance.
    (c) The lockout valve design or locking mechanism must make it 
obvious whether the valve is open or closed.
    (d) A valve is considered a lockout valve if it has a hasp or other 
means of attachment to which, or through which, a lock can be affixed, 
or it has a locking mechanism built into it.
    (e) The master or person-in-charge must ensure that the valve is 
locked open at all times, except while maintenance is being performed 
on the extinguishing system, when the valve must be locked in the 
closed position.
    (f) Lockout valves added to existing systems must be approved by 
the Commandant as part of the installed system.

0
123. Add Sec.  169.571 to read as follows:


Sec.  169.571  Odorizing units.

    Each carbon dioxide extinguishing system installed or altered after 
July 9, 2013, must have an approved odorizing unit to produce the scent 
of wintergreen, the detection of which will serve as an indication that 
carbon dioxide gas is present in a protected area and any other area 
into which the carbon dioxide may migrate. ``Altered'' means modified 
or refurbished beyond the maintenance required by the manufacturer's 
design, installation, operation and maintenance manual.

0
124. Revise Sec.  169.732 to read as follows:


Sec.  169.732  Carbon dioxide and clean agent alarms.

    (a) Each carbon dioxide or clean agent fire extinguishing alarm 
must be conspicuously marked: ``WHEN ALARM SOUNDS VACATE AT ONCE. 
CARBON DIOXIDE OR CLEAN AGENT BEING RELEASED.''.
    (b) Each entrance to a space storing carbon dioxide cylinders, a 
space protected by carbon dioxide systems, or any space into which 
carbon dioxide might migrate must be conspicuously marked as follows:
    (1) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE 
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH 
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''.
    (2) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN 
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS 
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK OUT SYSTEM WHEN 
SERVICING.'' The reference to wintergreen scent may be omitted for 
carbon dioxide systems not required to have odorizing units and not 
equipped with such units.
    (3) Spaces into which carbon dioxide might migrate--``CARBON 
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN 
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED 
VACATE IMMEDIATELY.'' The reference to wintergreen scent may be omitted 
for carbon dioxide systems not required to have odorizing units and not 
equipped with such units.

0
125. Revise Sec.  169.734 to read as follows:


Sec.  169.734  Fire extinguishing system controls.

    Each control cabinet or space containing valves or manifolds for 
the various fire extinguishing systems must be distinctly marked in 
conspicuous red letters at least 2 inches high: ``CARBON DIOXIDE FIRE 
EXTINGUISHING SYSTEM,'' ``HALON EXTINGUISHING SYSTEM,'' or ``CLEAN 
AGENT EXTINGUISHING SYSTEM,'' as appropriate.

PART 176--INSPECTION AND CERTIFICATION

0
126. The authority citation for part 176 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.


0
127. In subpart A, revise the subpart A heading to read as follows:

Subpart A--General Provisions; Certificate of Inspection


Sec. Sec.  176.2 through 176.99  [Reserved]

0
128. Add reserved Sec. Sec.  176.2 through 176.99 and add Sec.  176.1 
to read as follows:


Sec.  176.1  Preemptive effect.

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

0
129. In Sec.  176.810, revise paragraph (b)(2) to read as follows:


Sec.  176.810  Fire protection.

* * * * *
    (b) * * *
    (2) For semiportable and fixed gas fire extinguishing systems, the 
inspections and tests required by Table 176.810(b)(2), in addition to 
the tests required by 46 CFR 147.60, 147.65, 147.66, and 147.67. The 
owner or managing operator must provide satisfactory evidence of the 
required servicing to the marine inspector. If any equipment or record 
has not been properly maintained, a qualified servicing facility may be 
required to perform the required inspections, maintenance procedures, 
and hydrostatic pressure tests.

[[Page 33891]]



                     Table 176.810(b)(2)--Semiportable and Fixed Fire Extinguishing Systems
----------------------------------------------------------------------------------------------------------------
                    Type system                                                  Test
----------------------------------------------------------------------------------------------------------------
Carbon dioxide.....................................  Weigh cylinders. Recharge cylinder if weight loss exceeds
                                                      10 percent of the weight of the charge. Test time delays,
                                                      alarms, and ventilation shutdowns with carbon dioxide,
                                                      nitrogen, or other nonflammable gas as stated in the
                                                      system manufacturer's instruction manual. Inspect hoses
                                                      for damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections on fixed carbon dioxide systems must be tested
                                                      or renewed, as required by 46 CFR 147.60 and 147.65.
Halon 1301 and halocarbon..........................  Recharge or replace if weight loss exceeds 5 percent of the
                                                      weight of the charge or if cylinder has a pressure gauge,
                                                      recharge cylinder if pressure loss exceeds 10 percent,
                                                      adjusted for temperature. Test time delays, alarms, and
                                                      ventilation shutdowns with carbon dioxide, nitrogen, or
                                                      other nonflammable gas as stated in the system
                                                      manufacturer's instruction manual. Inspect hoses for
                                                      damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections to Halon 1301 and halocarbon cylinders must be
                                                      tested or renewed, as required by 46 CFR 147.60 and 147.65
                                                      or 147.67. Note that Halon 1301 system approvals have
                                                      expired, but that existing systems may be retained if they
                                                      are in good and serviceable condition to the satisfaction
                                                      of the Coast Guard inspector.
Dry chemical (cartridge operated)..................  Examine pressure cartridge and replace if end is punctured
                                                      or if determined to have leaked or to be in unsuitable
                                                      condition. Inspect hose and nozzle to see if they are
                                                      clear. Insert charged cartridge. Ensure dry chemical is
                                                      free flowing (not caked) and extinguisher contains full
                                                      charge.
Dry chemical (stored pressure).....................  See that pressure gauge is in operating range. If not, or
                                                      if the seal is broken, weigh or otherwise determine that
                                                      extinguisher is fully charged with dry chemical. Recharge
                                                      if pressure is low or if dry chemical is needed.
Foam (stored pressure).............................  See that any pressure gauge is in the operating range. If
                                                      not, or if the seal is broken, weigh or otherwise
                                                      determine that extinguisher is fully charged with foam.
                                                      Recharge if pressure is low or if foam is needed. Replace
                                                      premixed agent every 3 years.
Inert gas..........................................  Recharge or replace cylinder if cylinder pressure loss
                                                      exceeds 5 percent of the specified gauge pressure,
                                                      adjusted for temperature. Test time delays, alarms, and
                                                      ventilation shutdowns with carbon dioxide, nitrogen, or
                                                      other nonflammable gas as stated in the system
                                                      manufacturer's instruction manual. Inspect hoses for
                                                      damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections on fixed inert extinguishers must be tested or
                                                      renewed as required by 46 CFR 147.60 and 147.66.
Water mist.........................................  Maintain system in accordance with the maintenance
                                                      instructions in the system manufacturer's design,
                                                      installation, operation, and maintenance manual.
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 181--FIRE PROTECTION EQUIPMENT

0
130. The authority citation for part 181 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


0
131. In Sec.  181.115, revise the section heading and add paragraph (d) 
to read as follows:


Sec.  181.115  Applicability; preemptive effect.

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

0
132. In Sec.  181.410, revise paragraph (c)(7) and add paragraphs 
(f)(7) and (8) to read as follows:


Sec.  181.410  Fixed gas fire extinguishing systems.

* * * * *
    (c) * * *
    (7) A Halon 1301 storage cylinder must be stowed in an upright 
position unless otherwise listed by the independent laboratory. A 
carbon dioxide cylinder may not be inclined more than 30[deg] from the 
vertical unless fitted with flexible or bent siphon tubes, in which 
case it may be inclined not more than 80[deg] from the vertical. 
Cylinders for clean agent systems must be installed in an upright 
position unless otherwise specified in the system's instruction manual.
    (f) * * *
    (7) A lockout valve must be provided on any carbon dioxide 
extinguishing system protecting a space over 6,000 cubic feet in volume 
and installed or altered after [July 9, 2013. ``Altered'' means 
modified or refurbished beyond the maintenance required by the 
manufacturer's design, installation, operation and maintenance manual.
    (i) The lockout valve must be a manually operated valve located in 
the discharge manifold prior to the stop valve or selector valves. When 
in the closed position, the lockout valve must provide complete 
isolation of the system from the protected space or spaces, making it 
impossible for carbon dioxide to discharge in the event of equipment 
failure during maintenance.
    (ii) The lockout valve design or locking mechanism must make it 
obvious whether the valve is open or closed.
    (iii) A valve is considered a lockout valve if it has a hasp or 
other means of attachment to which, or through which, a lock can be 
affixed, or it has a locking mechanism built into it.
    (iv) The master or person-in-charge must ensure that the valve is 
locked open at all times, except while maintenance is being performed 
on the extinguishing system, when the valve must be locked in the 
closed position.
    (v) Lockout valves added to existing systems must be approved by 
the Commandant as part of the installed system.
    (8) Each carbon dioxide extinguishing system installed or altered 
after July 9, 2013, must have an approved odorizing unit to produce the 
scent of wintergreen, the detection of which will serve as an 
indication that carbon dioxide gas is present in a protected area and 
any other area into which the carbon dioxide may migrate. ``Altered'' 
means modified or refurbished beyond the maintenance required by the 
manufacturer's design, installation, operation and maintenance manual.
* * * * *

PART 182--MACHINERY INSTALLATION

0
133. The authority citation for part 182 continues to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


[[Page 33892]]



0
134. In Sec.  182.115, revise the section heading and add paragraph (e) 
to read as follows:


Sec.  182.115  Applicability; preemptive effect.

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

0
135. In Sec.  182.710, revise paragraph (a)(3) to read as follows:


Sec.  182.710  Piping for vital systems.

    (a) * * *
    (3) Carbon dioxide, Halon 1301, and clean agent systems;
* * * * *

PART 185--OPERATIONS

0
136. The authority citation for part 185 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.


0
137. In Sec.  185.115, revise the section heading and add paragraph (d) 
to read as follows:


Sec.  185.115  Applicability; preemptive effect.

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

0
138. Amend Sec.  185.612 by revising paragraph (f) and adding paragraph 
(g) to read as follows:


Sec.  185.612  Fire protection equipment.

* * * * *
    (f) The control cabinets or spaces containing valves, manifolds or 
controls for the various fire extinguishing systems must be marked in 
conspicuous red letters at least 2 inches high: ``[STEAM/CARBON 
DIOXIDE/CLEAN AGENT/FOAM/WATER SPRAY--as appropriate] FIRE 
APPARATUS.''.
    (g) Each entrance to a space storing carbon dioxide cylinders, a 
space protected by carbon dioxide systems, or any space into which 
carbon dioxide might migrate must be conspicuously marked as follows:
    (1) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE 
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH 
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''.
    (2) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN 
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS 
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK OUT SYSTEM WHEN 
SERVICING.'' The reference to wintergreen scent may be omitted for 
carbon dioxide systems not required to have odorizing units and not 
equipped with such units.
    (3) Spaces into which carbon dioxide might migrate--``CARBON 
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN 
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED 
VACATE IMMEDIATELY.'' The reference to wintergreen scent may be omitted 
for carbon dioxide systems not required to have odorizing units and not 
equipped with such units.

PART 189--INSPECTION AND CERTIFICATION

0
139. The authority citation for part 189 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306, 3307; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 
54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security 
Delegation No. 0170.1.


0
140. Revise the 189.01 subpart heading to read as follows:

Subpart 189.01--General Provisions; Certificate of Inspection


Sec.  189.01-1  [Redesignated as Sec.  189.01-2]

0
141. Redesignate existing Sec.  189.01-1 as Sec.  189.01-2, and add new 
Sec.  189.01-1 to read as follows:


Sec.  189.01-1  Preemptive effect.

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

0
142. In Sec.  189.25-20, revise the section heading and Table 189.25-
20(a)(2) to read as follows:


Sec.  189.25-20  Fire extinguishing equipment.

* * * * *

                                              Table 189.25-20(a)(2)
----------------------------------------------------------------------------------------------------------------
                    Type system                                                  Test
----------------------------------------------------------------------------------------------------------------
Foam...............................................  Systems utilizing a soda solution must have such solution
                                                      replaced. In all cases, ascertain that powder is not
                                                      caked.
Carbon dioxide.....................................  Weigh cylinders. Recharge cylinder if weight loss exceeds
                                                      10 percent of the weight of the charge. Test time delays,
                                                      alarms, and ventilation shutdowns with carbon dioxide,
                                                      nitrogen, or other nonflammable gas as stated in the
                                                      system manufacturer's instruction manual. Inspect hoses
                                                      for damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections on fixed carbon dioxide systems must be tested
                                                      or renewed, as required by 46 CFR 147.60 and 147.65.
Halon 1301 or halocarbon...........................  Recharge or replace if weight loss exceeds 5 percent of the
                                                      weight of the charge or if cylinder has a pressure gauge,
                                                      recharge cylinder if pressure loss exceeds 10 percent,
                                                      adjusted for temperature. Test time delays, alarms, and
                                                      ventilation shutdowns with carbon dioxide, nitrogen, or
                                                      other nonflammable gas as stated in the system
                                                      manufacturer's instruction manual. Inspect hoses for
                                                      damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections to Halon 1301 and halocarbon cylinders must be
                                                      tested or renewed, as required by 46 CFR 147.60 and 147.65
                                                      or 147.67. Note that Halon 1301 system approvals have
                                                      expired, but that existing systems may be retained if they
                                                      are in good and serviceable condition to the satisfaction
                                                      of the Coast Guard inspector.
Inert gas..........................................  Recharge or replace cylinder if cylinder pressure loss
                                                      exceeds 5 percent of the specified gauge pressure,
                                                      adjusted for temperature. Test time delays, alarms, and
                                                      ventilation shutdowns with carbon dioxide, nitrogen, or
                                                      other nonflammable gas as stated in the system
                                                      manufacturer's instruction manual. Inspect hoses for
                                                      damage or decay. Ensure that nozzles are unobstructed.
                                                      Cylinders must be tested and marked, and all flexible
                                                      connections on fixed inert extinguishers must be tested or
                                                      renewed as required by 46 CFR 147.60 and 147.66.
Water mist.........................................  Maintain system in accordance with the maintenance
                                                      instructions in the system manufacturer's design,
                                                      installation, operation, and maintenance manual.
----------------------------------------------------------------------------------------------------------------


[[Page 33893]]

* * * * *

0
143. In Sec.  189.55-5, revise paragraph (d)(4) to read as follows:


Sec.  189.55-5  Plans and specifications required for new construction.

* * * * *
    (d) * * *
    (4) Details of extinguishing systems, including fire mains, carbon 
dioxide, clean agent, foam, and sprinkling systems.
* * * * *

PART 190--CONSTRUCTION AND ARRANGEMENT

0
144. The authority citation for part 190 continues to read as follows:

    Authority: 46 U.S.C. 2113, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


0
145. Add new subpart 190.00, consisting of Sec.  190.00-1, to read as 
follows:

Subpart 190.00--General Provisions


Sec.  190.00-1  Preemptive effect.

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

0
146. In Sec.  190.15-5, revise paragraph (i) to read as follows:


Sec.  190.15-5  Vessels using fuel having a flashpoint of 110 [deg]F or 
lower.

* * * * *
    (i) Provisions must be made for closing all cowls or scoops when 
the fixed carbon dioxide or clean agent system is operated.

PART 193--FIRE PROTECTION EQUIPMENT

0
147. The authority citation for part 193 continues to read as follows:

    Authority: 46 U.S.C. 2213, 3102, 3306; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.



0
148. In Sec.  193.01-1, revise the section heading and add paragraph 
(c) to read as follows:


Sec.  193.01-1  General; preemptive effect.

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

0
149. Revise Sec.  193.05-10 to read as follows:


Sec.  193.05-10  Fixed fire extinguishing systems.

    (a) Approved fire extinguishing systems must be installed in all 
lamp and paint lockers, oil rooms, and similar spaces.
    (b) A fixed carbon dioxide or clean agent fire extinguishing system 
complying with 46 CFR subparts 95.15 and 95.16 must be installed for:
    (1) Internal combustion engine installations;
    (2) Gas turbine installations;
    (3) Enclosed spaces containing gasoline engines;
    (4) Chemical storerooms;
    (5) Any space containing auxiliaries with an aggregate power of 
1,000 brake horsepower (b.h.p.) or greater, or their fuel oil units, 
including purifiers, valves, and manifolds, on vessels of 1,000 gross 
tons and over; and
    (6) Enclosed ventilating systems installed for electric propulsion 
motors or generators.
    (c) On vessels of 1,000 gross tons and over, a fixed carbon dioxide 
or clean agent fire extinguishing system complying with 46 CFR subparts 
95.15 and 95.16 or a foam system complying with 46 CFR subpart 95.17 
must be installed for any space containing main or auxiliary oil fired 
boilers or their associated fuel oil units, valves, or manifolds in the 
line between the settling tanks and the boilers.
    (d) Systems for spaces containing explosives and other dangerous 
articles or substances must also comply with 46 CFR part 194.

0
150. In Sec.  193.10-5, revise the section heading and paragraph (h) to 
read as follows:


Sec.  193.10-5  Fire main system, details.

* * * * *
    (h) On vessels with main or auxiliary oil fired boilers or vessels 
with internal combustion propulsion machinery, when two fire pumps are 
required, the boilers or machinery must be located in separate spaces, 
and the arrangement, pumps, sea connections, and sources of power must 
be such as to ensure that a fire in any one space will not put all of 
the fire pumps out of operation. However, when it is shown to the 
satisfaction of the Commandant that it is unreasonable or impracticable 
to meet this requirement due to the size or arrangement of the vessel, 
or for other reasons, the installation of a total flooding system using 
carbon dioxide or a clean agent complying with 46 CFR subpart 95.16 may 
be accepted as an alternate method of extinguishing any fire that could 
affect the powering and operation for the required fire pumps.
* * * * *

0
151. Revise the heading to subpart 193.15 to read as follows:

Subpart 193.15--Carbon Dioxide and Clean Agent Extinguishing 
Systems, Details

* * * * *

0
152. Add Sec.  193.15-16 to read as follows:


Sec.  193.15-16  Lockout valves.

    (a) A lockout valve must be provided on any carbon dioxide 
extinguishing system protecting a space over 6,000 cubic feet in volume 
and installed or altered after [July 9, 2013. ``Altered'' means 
modified or refurbished beyond the maintenance required by the 
manufacturer's design, installation, operation and maintenance manual.
    (b) The lockout valve must be a manually operated valve located in 
the discharge manifold prior to the stop valve or selector valves. When 
in the closed position, the lockout valve must provide complete 
isolation of the system from the protected space or spaces, making it 
impossible for carbon dioxide to discharge in the event of equipment 
failure during maintenance.
    (c) The lockout valve design or locking mechanism must make it 
obvious whether the valve is open or closed.
    (d) A valve is considered a lockout valve if it has a hasp or other 
means of attachment to which, or through which, a lock can be affixed, 
or it has a locking mechanism built into it.
    (e) The master or person-in-charge must ensure that the valve is 
locked open at all times, except while maintenance is being performed 
on the extinguishing system, when the valve must be locked in the 
closed position.
    (f) Lockout valves added to existing systems must be approved by 
the Commandant as part of the installed system.

0
153. Add Sec.  193.15-17 to read as follows:


Sec.  193.15-17  Odorizing units.

    Each carbon dioxide extinguishing system installed or altered after 
July 9, 2013, must have an approved odorizing unit to produce the scent 
of wintergreen, the detection of which will serve as an indication that 
carbon dioxide gas is present in a protected area and any other area 
into which the carbon dioxide may migrate. ``Altered'' means modified 
or refurbished beyond the maintenance required by the manufacturer's 
design, installation, operation and maintenance manual.

0
154. Add Sec.  193.15-50 to read as follows:

[[Page 33894]]

Sec.  193.15-50  Clean agent systems.

    A clean agent system complying with 46 CFR subpart 95.16 may be 
used as an alternative to a carbon dioxide fire extinguishing system.

PART 194--HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER 
HAZARDOUS MATERIALS

0
155. The authority citation for part 194 continues to read as follows:

    Authority:  46 U.S.C. 2103, 2113, 3306; 49 U.S.C. App. 1804; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of 
Homeland Security Delegation No. 0170.1.


0
156. In Sec.  194.01-1, revise the section heading and add paragraph 
(e) to read as follows:


Sec.  194.01-1  General; preemptive effect.

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

0
157. In Sec.  194.20-7, revise paragraph (a) to read as follows:


Sec.  194.20-7  Fire protection.

    (a) Each chemical storeroom must be protected by a fixed automatic 
extinguishing system using carbon dioxide or a clean agent complying 
with 46 CFR subpart 95.16, installed in accordance with 46 CFR subpart 
193.15.
* * * * *

PART 196--OPERATIONS

0
158. The authority citation for part 196 continues to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 2213, 3306, 5115, 6101; 
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.


0
159. In Sec.  196.01-1, revise the section heading and add paragraph 
(b) to read as follows:


Sec.  196.01-1  General; preemptive effect.

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

0
160. Add Sec.  196.37-8 to read as follows:


Sec.  196.37-8  Carbon dioxide warning signs.

    Each entrance to a space storing carbon dioxide cylinders, a space 
protected by carbon dioxide systems, or any space into which carbon 
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE 
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH 
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''.
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN 
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS 
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK OUT SYSTEM WHEN 
SERVICING.'' The reference to wintergreen scent may be omitted for 
carbon dioxide systems not required to have odorizing units and not 
equipped with such units.
    (c) Spaces into which carbon dioxide might migrate--``CARBON 
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN 
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED 
VACATE IMMEDIATELY.'' The reference to wintergreen scent may be omitted 
for carbon dioxide systems not required to have odorizing units and not 
equipped with such units.

0
161. Revise Sec.  196.37-9 to read as follows:


Sec.  196.37-9  Carbon dioxide and clean agent alarms.

    Each extinguishing system using carbon dioxide or clean agent 
complying with 46 CFR subpart 95.16 must be conspicuously marked in an 
adjacent location: ``WHEN ALARM SOUNDS VACATE AT ONCE. CARBON DIOXIDE 
OR CLEAN AGENT BEING RELEASED.''.

0
162. Revise Sec.  196.37-13 to read as follows:


Sec.  196.37-13  Fire extinguishing system controls.

    The control cabinets or spaces containing valves, manifolds, or 
controls for the various fire extinguishing systems must be marked in 
conspicuous red letters at least 2 inches high: ``[CARBON DIOXIDE/CLEAN 
AGENT/FOAM--as appropriate] FIRE APPARATUS.''.

    Dated: March 1, 2012.
F.J. Sturm,
Acting Director of Commercial Regulations and Standards.
[FR Doc. 2012-12334 Filed 6-6-12; 8:45 am]
BILLING CODE 9110-04-P


