[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Proposed Rules]
[Pages 33026-33054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08400]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 149

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

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


Marine Equipment on Board Vessels and Offshore Units or 
Facilities

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

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 These proposed revisions would eliminate outdated 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

DATES: Comments and related material must be received by the Coast 
Guard on or before July 24, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0519 using the Federal Decision Making Portal at 
www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

[[Page 33027]]

    Viewing material proposed for incorporation by reference. Make 
arrangements to view this material by calling the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this document.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or email Lieutenant Jon Taylor, Lifesaving and Fire Safety 
Division (CG-ENG-4), U.S. Coast Guard; telephone 202-372-1426, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

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

I. Public Participation and Request for Comments

    The Coast Guard views public participation as essential to 
effective rulemaking and will consider all comments and material 
received during the comment period. Your comment can help shape the 
outcome of this rulemaking. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at www.regulations.gov. To do so, go 
to www.regulations.gov, type USCG-2020-0519 in the search box and click 
``Search.'' Next, look for this document in the Search Results column, 
and click on it. Then click on the Comment option. If you cannot submit 
your material by using www.regulations.gov, email the person in the FOR 
FURTHER INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the www.regulations.gov Frequently Asked Questions web 
page. That web page also explains how to subscribe for email alerts 
that will notify you when comments are posted or if a final rule is 
published. We review all comments received, but we will only post 
comments that address the topic of the proposed rule. We may choose not 
to post off-topic, inappropriate, or duplicate comments that we 
receive.
    Personal information. We accept anonymous comments. Comments we 
post to www.regulations.gov will include any personal information you 
have provided. For more about privacy and submissions to the docket in 
response to this document, see the Department of Homeland Security's 
eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
    Public meeting. We do not plan to hold a public meeting but we will 
consider doing so if we determine from public comments that a meeting 
would be helpful. We would issue a separate Federal Register notice to 
announce the date, time, and location of such a meeting.

II. Abbreviations

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

III. Basis and Purpose

    The statutory authority for these regulations can be found in Title 
46 of the United States Code (U.S.C.), Sections 3306 and 3703. The 
authority to issue regulations, pursuant to these sections, is 
delegated to the Commandant of the Coast Guard under Department of 
Homeland Security (DHS) Delegation No. 00170.1, Revision No. 01.3, 
paragraph (II)(92).
    Under 46 U.S.C. 3306, the Secretary of DHS is required to prescribe 
necessary regulations to ensure safety of individuals and property on 
board vessels subject to inspection. This proposed rule would ensure 
the proper design, construction, alteration, repair, and operation of 
vessels subject to inspection.
    Under 46 U.S.C. 3703, the Secretary is required to prescribe 
regulations for the design, construction, alteration, repair, 
maintenance, operation, equipping, personnel qualification, and manning 
of tank and cargo vessels that may be necessary for increased 
protection against hazards to life and property, navigation and vessel 
safety, and enhanced protection of the marine environment.
    This proposed rule would revise titles 33 of the Code of Federal 
Regulations (CFR), chapter I, subchapters NN, and 46 CFR, chapter I, 
subchapters A, D, F, H, I, I-A, K, L, N, Q, R, T, U, and W. These 
subchapters are associated with approving, carrying, and maintaining 
certain safety equipment required on board vessels and offshore units 
or facilities. The proposed revisions in this notice of proposed 
rulemaking (NPRM) would eliminate outdated requirements, reduce 
inspection and testing requirements, modify submission requirements for 
equipment approval to allow materials to be submitted electronically, 
and update standards incorporated by reference. Additionally, this 
proposed rule would remove numerous obsolete sections and update 
sections to bring them into compliance with the International 
Convention for the Safety of Life at Sea (SOLAS) and related 
regulations.

[[Page 33028]]

IV. Background

    The Coast Guard conducted a comprehensive review of regulations 
regarding the approval, carriage, and maintenance of marine equipment 
on U.S.-flagged vessels. The Coast Guard continues to review 
regulations with the goals of updating the references to incorporated 
standards that have been modified, clarifying language, and, where 
possible, providing additional regulatory flexibility and to minimize 
the regulatory burden on the affected vessels, and removing obsolete 
rules to ensure marine equipment requirements are current with emerging 
technology and industry standards.

V. Discussion of Proposed Rule

    In general, this proposed rule would make the following changes to 
various subchapters in titles 33 and 46 of the CFR:
    (1) Modify equipment approval submission requirements to allow for 
materials to be submitted electronically to [email protected], 
instead of the existing requirement of paper submissions in triplicate;
    (2) Remove obsolete regulations for pilot hoists that are no longer 
allowed on U.S.-flagged vessels;
    (3) Allow vessel owners and operators to use a third party to test 
the properties and quality of their firefighting foam;
    (4) Revise the requirements for pressure vacuum relief valves to 
align with international consensus standards;
    (5) Update requirements for lifeboat and rescue boat releasing 
mechanisms on board mobile offshore drilling units (MODUs) and Outer 
Continental Shelf (OCS) facilities to allow for lifeboats that serve as 
rescue boats to carry lifeboat releasing mechanisms;
    (6) Remove prescriptive design requirements for lifeboat, rescue 
boat, and liferaft winch limit switches and align requirements with the 
Life-Saving Appliances (LSA) Code;
    (7) Remove a redundant flame-spread testing requirement for 
nonmetallic piping used in certain vessels;
    (8) Revise the ``end-for-ending'' requirement for launching 
appliance falls (wire ropes) to align with SOLAS, which allows for a 
fall replacement interval of 5 years without end-for-ending;
    (9) Change the interval for hydrostatic testing of all inert gas 
firefighting extinguishing system bottles to align with the hydrostatic 
testing intervals for carbon dioxide and Halon firefighting 
extinguishing systems. The interval would change from at least once 
every 5 or 10 years (depending on bottle size) to once every 12 years;
    (10) Remove the Mine Safety and Health Administration's (MSHA) 
approval requirement for self-contained breathing apparatuses (SCBAs) 
because MSHA no longer certifies this type of equipment for marine use;
    (11) Revise the standards of fire-resistant fiber-reinforced 
plastic resin used to manufacture survival craft and rescue boats to 
allow the use of additional international standards;
    (12) Remove the requirement for Coast Guard approval of Emergency 
Position Indicating Radio Beacons (EPIRBs) and codify the current 
policy in which the Coast Guard reviews test data, instruction manuals, 
drawings and specifications of the EPIRB and issues a letter to the 
manufacturer stating whether the EPIRB satisfies all Radio Technical 
Commission for Maritime Services (RTCM) Recommended Standards. This 
aligns with the requirements as set out in 47 CFR 80.1061.
    (13) Add an option for the use of fire detection systems as excess 
equipment for MODUs, and a grandfathering clause for fire extinguishers 
on board nautical school vessels;
    (14) Make editorial changes to clarify language, correct 
typographical errors, and delete repetitive words;
    (15) Update incorporations by reference (IBRs), remove outdated 
IBRs, and revise CFR cite references to the correct IBRs;
    (16) Correct errors in fire extinguisher quantities and ratings 
from a previous rulemaking; and
    (17) Clarify structural fire protection requirements for means of 
egress on 46 CFR subchapter K vessels.
    Table 1 provides a list of the types of changes, summaries of the 
proposed changes, and the subparts affected by this proposed rule. 
Further explanation for each of these categories can be found after the 
table.

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

[[Page 33029]]

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

CFR References and Changes to IBRs

    This rule proposes to delete references to outdated IBR material in 
regulation text, delete corresponding IBR titles and information listed 
in the centralized IBR section(s), correct improper IBR cites in 
regulatory text, and correct improper CFR references as outlined in 
table 1. See table 3 for additional information.

Editorial

    Editorial changes in this proposed rule would clarify language, 
correct typographical errors, and delete repetitive language in various 
subchapters in titles 33 and 46 of the CFR as noted in table 1.

Electronic Submissions

    Current regulations require manufacturers that produce marine 
safety equipment needing approval to mail their paper application and 
supporting documentation in triplicate. The requirement for submitting 
paper plans in triplicate allows the office reviewing the plans to mark 
the plans as ``approved'' and return one copy to the submitter, retain 
one copy in the office's files, and forward the third copy to the 
cognizant Officer in Charge, Marine Inspection (OCMI). However, in 
current practice, manufacturers submit their applications 
electronically via [email protected]. When plans are submitted 
electronically, they can be stamped electronically and filed or 
distributed, as described above, without the need for printing or 
duplication. According to internal mail tracking data, in the last 5 
years, 99.2 percent of all submissions related to applications for 
equipment approval were submitted electronically. This proposed rule 
would modify the submission requirements for equipment approval to 
codify the use of electronic submissions. The CFR sections listed in 
table 1 would be updated to include optional electronic submissions and 
remove requirements to submit multiple copies of plans or test reports. 
If a manufacturer desires a stamped hard copy of plans, the hard copy 
plans may be submitted in triplicate, or accompanied by electronic 
plans, so that the copies may be filed or distributed as described 
above.

End-for-Ending Launching Appliance Falls

    Currently, 46 CFR 109.301(j) and 199.190(j) require that falls for 
launching appliances be replaced when necessary due to deterioration or 
at least

[[Page 33030]]

every 5 years, whichever is earlier. Additionally, the falls must be 
turned end-for-end not more than 30 months after installation (the 
phrase, ``turned end-for-end'' means rotating the wire ropes so the 
ropes wear evenly). These regulations allow an alternative to the end-
for-ending requirements; however, in that case, the falls must be 
replaced at least every 4 years. This rule proposes to remove the 
``end-for-ending'' requirement for these launching appliance falls and 
require falls to be replaced at least every 5 years to align with SOLAS 
Chapter III, which allows for a fall replacement interval of 5 years 
without end-for-ending. This proposed rule would keep the requirement 
to replace falls when they show signs of deterioration. It has been 
Coast Guard policy per Commandant Instruction (COMDTINST) M16000.7B, 
USCG Marine Safety Manual Vol. II B1 P.3.a(1)(c) \1\ that falls may be 
replaced in 5-year intervals if they are serviced in accordance with 
SOLAS Chapter III, Regulation 20.4.
---------------------------------------------------------------------------

    \1\ U.S. Coast Guard, Marine Safety Manual Volume II: Materiel 
Inspection, ``CH-2 to Marine Safety Manual Volume II, COMDINST 
M16000.7B,'' https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CSNCOE/USCG%20Marine%20Safety%20Manual%20Volume%20II%20-%20Material%20Inspection.pdf.
---------------------------------------------------------------------------

EPIRB

    Section 161.011-5 of title 46 of the CFR requires Coast Guard 
approval of EPRIBs. However, the FCC in its ``Maritime Communications'' 
final rule (68 Federal Register (FR) 46974, August 7, 2003), changed 
the approval process for EPIRBs in 47 CFR 80.1061. This update, which 
is still in effect, required FCC approval for EPIRBs, but required the 
Coast Guard to accept EPIRBs compliant to COSPAS, SARSAT, and RTCM 
standards before the FCC's review. Currently, the Coast Guard issues a 
letter stating compliance with these standards and does not issue 
approval for EPIRBs. This rule proposes to remove the requirement for 
Coast Guard approval of EPIRBs and align the Coast Guard's 
responsibility in title 46 of the CFR with the process in title 47 of 
the CFR.

Equipment Deletion

    This rule proposes to delete references to pilot hoists as approved 
equipment in 46 CFR subpart 163.002 by removing this subpart from the 
CFR. In 2010, an International Maritime Organization (IMO) Resolution 
of the Marine Safety Committee (MSC), Resolution MSC.308(88),\2\ banned 
the use of pilot hoists on SOLAS vessels and updated SOLAS Chapter V 
requirements accordingly. Further, pilots in the United States do not 
use pilot hoists to embark a vessel. There are currently no Coast 
Guard-approved pilot hoists and there has not been a Coast Guard-
approved pilot hoist since 2000. This proposed rule would also remove 
references to pilot hoists in 46 CFR subchapters D, H, I, I-A, and U.
---------------------------------------------------------------------------

    \2\ Resolution MSC.308(88), ``Amendments to the International 
Convention for the Safety of Life at Sea, 1974, as amended,'' 
adopted December 3, 2010, https://wwwcdn.imo.org/localresources/en/KnowledgeCentre/IndexofIMOResolutions/MSCResolutions/MSC.308(88).pdf.
---------------------------------------------------------------------------

Fire Protection and Other Conforming Amendments

    Navigation and Vessel Inspection Circular (NVIC) 7-80, Use of Fire 
Detection Systems Which are Not Approved Under 46 CFR 161.002,\3\ 
allows the use of non-approved fire detection systems as excess 
equipment on board vessels if the system is listed and labeled by an 
NRTL. This proposed rule would add the allowance for a fire detection 
system listed and labeled by an NRTL to be used as excess equipment for 
46 CFR subchapter I-A aligned with the guidance set forth in NVIC 7-80.
---------------------------------------------------------------------------

    \3\ Department of Transportation and U.S. Coast Guard, NVIC 7-
80, ``Use of Fire Detection Systems Which are Not Approved Under 46 
CFR 161.002,'' https://www.dco.uscg.mil/Portals/9/DCODocuments/5p/5ps/NVIC/1980/n7-80.pdf.
---------------------------------------------------------------------------

    Also, the 2016 final rule, ``Harmonization of Standards for Fire 
Protection, Detection, and Extinguishing Equipment'' (81 FR 48219, July 
22, 2016), updated the design and approval standards for fire 
extinguishing equipment by changing the portable fire extinguisher 
ratings system from a weight-based rating system to the Underwriters 
Laboratories, Inc. (UL) performance-based rating system. That 2016 rule 
added a grandfathering clause to several sections in titles 33 and 46 
of the CFR; \4\ however, this clause was mistakenly left out for public 
nautical school ships and sailing school ships in 46 CFR subchapter R. 
This proposed rule would correct the oversight.
---------------------------------------------------------------------------

    \4\ The 2016 final rule applied the grandfathering clause for 
vessels identified in 33 CFR 145.15 and 149.410, and 46 CFR 25.30-
80, 34.50-80, 76.50-80, 95.50-80, 108.491(b), 132.250, and 193.50-
90.
---------------------------------------------------------------------------

    The previously mentioned ``Harmonization of Standards for Fire 
Protection, Detection, and Extinguishing Equipment'' rule also updated 
the portable fire extinguisher ratings system throughout title 46 of 
the CFR. In implementing that complex rule, there were errors in 
extinguisher quantities and ratings in 46 CFR subchapters H, I, K, and 
R as listed in table 1. This proposed rule would correct those errors.

Foam Testing

    Tank vessels and MODUs fitted with deck foam systems are required 
by 46 CFR 31.10-18(c) and 46 CFR 107.235(b)(4) to submit a 
representative sample of foam concentrate to the foam manufacturer to 
test foam gravity, pH, percentage of water dilution, and solid content. 
There are numerous laboratories other than those owned by foam 
manufacturers that can test firefighting foam concentrates. This 
proposed rule would add an option to allow third-party testing for 
firefighting foam concentrate. Allowing third parties that are accepted 
by the Coast Guard to test firefighting foam concentrates could be less 
burdensome to the vessel owners and operators and provide a level of 
safety similar to the current requirements that the manufacturer of the 
firefighting foam be the sole tester. Additionally, using a third party 
to test the properties of firefighting foam would increase the number 
of companies available to test firefighting foam properties. This 
proposed rule would also align with SOLAS requirements and codify CG-
ENG Policy Letter 01-20, Third Party Foam Concentration Analysis.\5\
---------------------------------------------------------------------------

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

Hydrostatic Testing for Inert Gas Cylinders

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

[[Page 33031]]

MODU Lifesaving Appliance Release Mechanism

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

Nonmetallic Piping

    Title 46 CFR 116.405(f) requires that nonmetallic (that is, 
plastic) piping in concealed spaces of small passenger vessels subject 
to 46 CFR subchapter K be tested under the American Society for Testing 
and Materials (ASTM) E84 standard and meet a certain set of performance 
criteria. However, plastic piping is already required to be approved by 
the Coast Guard under 46 CFR subpart 164.141. The testing standard to 
gain this approval is a different test standard than the ASTM E84 test. 
Requiring two different testing standards is redundant and provides no 
additional benefits, adds confusion by preventing approved piping from 
being used, and increases the cost for pipe manufacturers and 
purchasers. The Coast Guard is proposing to remove the requirement to 
test nonmetallic pipes to ASTM E84 and clarify that if nonmetallic 
piping is used in concealed spaces, it must be approved under approval 
series 46 CFR 164.141.

Pressure-Vacuum Relief Valves

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

Resins for Lifeboats and Rescue Boats

    Manufacturers of fiber-reinforced plastic survival craft and rescue 
boats who seek Coast Guard equipment approval are required to use resin 
accepted in 46 CFR subpart 164.120. This rule proposes to revise the 
regulations for survival craft and rescue boats (46 CFR subparts 
160.135 and 160.156) to incorporate by reference MSC/Circular 1006, 
``Guidelines on Fire Test Procedures for Acceptance of Fire-Retardant 
Materials for the Construction of Lifeboats,'' \6\ an international 
standard for fire retardant resins that is already incorporated by 
reference in 46 CFR subpart 164.120. This proposed rule would delete 46 
CFR subpart 164.120 and add a review of fire-retardant resins in 46 CFR 
subparts 160.135 and 160.156. The Coast Guard would no longer maintain 
a list of accepted resins. Currently, there are 15 standards (4 ISO and 
11 ASTM) incorporated by reference in subpart 164.120 that are out of 
date. There is no indication that using the standards for resins 
specified in the regulations, instead of other standards, is necessary 
for safely constructing fiberglass-reinforced plastic survival craft 
and rescue boats.
---------------------------------------------------------------------------

    \6\ MSC/Circular 1006, ``Guidelines on Fire Test Procedures for 
Acceptance of Fire-Retardant Materials for the Construction of 
Lifeboats'' is available to view in the docket (USCG-2020-0519).
---------------------------------------------------------------------------

Self-Contained Breathing Apparatus

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

Stairwell Structural Fire Protection and Means of Egress

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

Winches and Davits

    This proposed rule would remove prescriptive design requirements of 
safety devices for lifeboat, rescue boat, and liferaft winches, and 
align the safety device requirement with the LSA Code. Currently, 46 
CFR 160.115-7(b)(6)(vi) requires that winches for survival craft or 
rescue boats have a limit switch on each davit arm to prevent damage to 
the launching equipment. However, requiring one limit switch for each 
davit arm is inconsistent with the IMO's LSA Code. The Coast Guard is 
proposing to remove this prescriptive design requirement and align the 
safety device requirement with the LSA Code. This proposed rule would 
allow launching appliance manufacturers to use different technologies 
to achieve the safety performance criteria of the LSA Code.

VI. Incorporation by Reference

    Material proposed for IBR appears in 46 CFR 39.1005, 39.2011, 
160.135-5, 160.135-7, 160.156-5, and 160.156-7. The standards are 
summarized in section VIII. L. Technical Standards, of this preamble. 
For information about how to view this material, see the ADDRESSES 
section of this preamble. Copies of the material are reasonably 
available from the sources listed in

[[Page 33032]]

Sec. Sec.  39.1005, 160.135-5, and 160.156-5. The following standards 
have already been approved for the locations where they appear in the 
proposed amendatory text and no change to the incorporation by 
reference is proposed: SOLAS, Chapter II-2, NFPA 2001, and FTP Code. 
Before publishing a final rule, we will submit this material to the 
Director of the Federal Register for approval of the IBR.

VII. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. A summary of our analyses 
based on these statutes or Executive orders follows.

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 costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility.
    The Office of Management and Budget (OMB) has not designated this 
proposed rule a significant regulatory action under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed this proposed 
rule. The Coast Guard estimates this proposed rule would have no 
additional costs. The Coast Guard estimates this proposed rule would 
result in additional cost savings to industry with no reduction or 
change in safety benefits. Details on the estimated cost savings of 
this proposed rule can be found in the regulatory analysis that 
follows.
    The Coast Guard is proposing to revise the requirements in 33 CFR 
subchapter NN, and 46 CFR subchapters A, D, F, H, I, I-A, K, L, N, Q, 
R, T, U, and W. These subchapters are associated with approving, 
carrying, and maintaining certain safety equipment required on board 
vessels, offshore units, deepwater ports, and recreational vessels. 
These proposed revisions would eliminate outdated requirements, update 
standards incorporated by reference, and reduce the frequency of 
inspection and testing requirements for foam fire-extinguishing 
systems, inert gas cylinders, and lifeboat wire falls. Additionally, 
this proposed rule would remove obsolete sections and align conflicting 
sections with codes associated with the SOLAS of 1974 and the SOLAS 
Protocol of 1978: articles, annexes, and certificates. We expect the 
cost savings of this proposed rule to be associated with three items: 
hydrostatic testing of inert gas bottles, testing firefighting foam 
concentrates for fixed foam fire extinguishing systems, and replacing 
the fall wire ropes associated with lifeboats. Table 2 provides a 
summary of the impacts of the proposed rule.

            Table 2--Summary of Impacts of the Proposed Rule
------------------------------------------------------------------------
             Category                              Summary
------------------------------------------------------------------------
Applicability.....................  Update 33 CFR, chapter I, subchapter
                                     NN, and 46 CFR, chapter I,
                                     subchapters A, D, F, H, I, I-A, K,
                                     L, N, Q, R, T, U, and W.
Affected Population...............  581 U.S.-flagged vessels:
                                     132 carrying foam fire
                                     systems,
                                     14 carrying inert gas
                                     bottles, and
                                     435 carrying lifeboats.
Costs.............................  There would be no costs to industry
                                     or the Federal Government because
                                     this proposed rule would reduce
                                     burden and instead generate cost
                                     savings.
Benefits..........................  Provide flexibility by offering
                                     third-party testing options for
                                     certain safety equipment.
                                    Reduce confusion and administrative
                                     burdens by (1) removing obsolete
                                     regulations and IBRs, and outdated
                                     references, and (2) updating
                                     standards to align with SOLAS,
                                     related regulations, and current
                                     industry practice.
Cost savings (7% discount rate) *.  Cost savings to industry:
                                    10-year: $2,493,189.
                                    Annualized: $354,974.
------------------------------------------------------------------------
* Totals may not sum due to independent rounding.

Regulatory Changes of the Proposed Rule by CFR Subparts and Sections
    Table 3 presents proposed regulatory changes with an assessment of 
the economic impact of the changes proposed to titles 33 and 46 of the 
CFR. The table shows the category of each proposed change, proposed 
affected CFR subparts and sections and descriptions of their changes, 
and whether there would be cost savings or no economic impact from the 
changes.

                  Table 3--Regulatory Changes of the Proposed Rule by CFR Subparts and Sections
----------------------------------------------------------------------------------------------------------------
   Equipment involved or type of                              Affected CFR subparts and
               change                   Proposed changes               sections               Economic impact
----------------------------------------------------------------------------------------------------------------
CFR References and Changes to IBRs.  1. Deletes references   46 CFR 115.810(b)(1), 46     No impact; editorial.
                                      to outdated IBRs and    CFR 118.500(d), 46 CFR
                                      corrects improper       160.171-3, 46 CFR 160.174-
                                      IBRs in regulation      3, 46 CFR 161.002-
                                      text.                   18(a)(3), 46 CFR 161.002-
                                     2. Corrects improper     19(a)(3), 46 CFR 161.002-
                                      CFR references.         19(b)(3), 46 CFR 162.017-
                                                              0, 46 CFR 164.106-3(a), 46
                                                              CFR 164.137-2(b)(2), 46
                                                              CFR 164.137-3(a), 46 CFR
                                                              164.138-2(a), 46 CFR
                                                              164.138-2(b)(2), 46 CFR
                                                              164.138-3(a), 46 CFR
                                                              164.139-2(a), 46 CFR
                                                              164.139-2(b)(2), 46 CFR
                                                              164.139-3(a).
Editorial..........................  1. Clarifies language.  33 CFR 149.410, 46 CFR       No impact; editorial.
                                     2. Corrects              56.60-25(a)(4), 46 CFR
                                      typographical errors.   108.495, 46 CFR 162.017,
                                     3. Deletes repetitive    46 CFR 181.500(b).
                                      words and wording.

[[Page 33033]]

 
Electronic Submissions.............  1. Adds option to       46 CFR 2.75-10(b), 46 CFR    No impact; aligns with
                                      submit equipment        159.001-5, 46 CFR 160.115-   current industry
                                      approval materials      9(b), 46 CFR 160.115-        practice. Over the
                                      electronically.         13(g)(2), 46 CFR 160.132-    past 5 years, the
                                     2. Removes requirement   9(b), 46 CFR 160.132-        Coast Guard has
                                      for multiple copies     13(g)(2), 46 CFR 160.133-    received 99.2 percent
                                      of submissions for      9(b), 46 CFR 160.133-        of the submissions
                                      equipment approval,     13(g)(2), 46 CFR 160.135-    electronically. So,
                                      if submitted            9(b), 46 CFR 160.135-        this proposed rule
                                      electronically.         13(g)(2), 46 CFR 160.156-    would codify the use
                                                              9(b), 46 CFR 160.156-        of electronic
                                                              13(g)(2), 46 CFR 160.170-    submission.
                                                              9(b), 46 CFR 160.170-
                                                              13(g)(2), 46 CFR 161.002-
                                                              18(a), 46 CFR 161.002-
                                                              19(a)(2), 46 CFR 161.012-
                                                              5(a), 46 CFR 161.012-
                                                              5(b)(2), 46 CFR 161.013-
                                                              11(c)(1), 46 CFR 161.013-
                                                              17, 46 CFR 162.050-15(a),
                                                              46 CFR 162.060-40(b), 46
                                                              CFR 164.009-9(a), 46 CFR
                                                              164.018-7(a), 46 CFR
                                                              164.018-7(b)(2).
End-for-Ending Launching Appliance   1. Removes requirement  46 CFR 109.301(j), 46 CFR    Cost savings; reduces
 Falls.                               for ``end-for-          199.190(j).                  testing burdens by
                                      ending'' for                                         allowing owners and
                                      launching appliance                                  operators to replace
                                      falls, to align with                                 the falls every 5
                                      SOLAS.                                               years without the end-
                                     2. Revises interval                                   for-ending
                                      for launching                                        requirement.
                                      appliance falls
                                      replacement to 5
                                      years.
EPIRB..............................  Aligns Coast Guard      46 CFR 161.011-1, 46 CFR     No impact; aligns with
                                      acceptance of EPIRBs    161.011-5, 46 CFR 161.011-   current industry
                                      in 46 CFR with          10.                          practice.
                                      Federal
                                      Communications
                                      Commission (FCC)
                                      requirements in 47
                                      CFR and standards
                                      established by the
                                      Space System for the
                                      Search of Vessels in
                                      Distress (COSPAS),
                                      Search and Rescue
                                      Satellite-Aided
                                      Tracking (SARSAT),
                                      and RTCM.
Equipment Deletion.................  Deletes pilot hoist     46 CFR 32.90-1(h), 46 CFR    No impact; aligns with
                                      approval series, Sec.   77.40-1(h), 46 CFR 96.40-    current industry
                                        163.002, and          1(h), 46 CFR 108.719(h),     practice.
                                      associated references   46 CFR 163.002, 46 CFR
                                      in various              195.40-1(h).
                                      subchapters.
Fire Protection and Other            1. Corrects fire        46 CFR 34.10-90(a)(3), 46    No impact; editorial
 Conforming Amendments.               extinguisher ratings.   CFR 34.50-10(a), 46 CFR      and aligns with
                                     2. Clarifies fire        76.50-10(a), 46 CFR 95.50-   current industry
                                      extinguisher            10(a), 46 CFR 105.14(a),     practice.
                                      quantities.             46 CFR 108.103, 46 CFR
                                     3. Adds option to        108.489(a)(3), 46 CFR
                                      allow use of            118.500(c), 46 CFR 167.45-
                                      nationally recognized   40, 46 CFR 167.45-65, 46
                                      testing laboratory      CFR 167.45-70, 46 CFR
                                      (NRTL) listed and       167.45-71, 46 CFR 167.45-
                                      labeled fire            75, 46 CFR 169.567(a), 46
                                      detection systems as    CFR 169.568.
                                      excess equipment for
                                      MODUs.
                                     4. Adds grandfathering
                                      provision for fire
                                      extinguishers for
                                      public nautical
                                      school ships and
                                      sailing school ships.
Foam Testing.......................  1. Adds option for      46 CFR 31.10-18(c), 46 CFR   Cost savings; reduces
                                      third-party testing     107.235(b)(4).               testing burdens via
                                      for foam concentrates.                               the use of other test
                                     2. Aligns testing                                     alternatives from the
                                      processes with                                       third party.
                                      requirements in SOLAS
                                      and Coast Guard
                                      Office of Design and
                                      Engineering Standards
                                      (CG-ENG) Policy
                                      Letter 01-20, Third
                                      Party Foam
                                      Concentration
                                      Analysis.
Hydrostatic Testing for Inert Gas    Revises hydrostatic     46 CFR 147.66(a), 46 CFR     Cost savings; changes
 Cylinders.                           testing requirements    147.66(c).                   the interval for
                                      for inert gas bottles                                hydrostatic testing
                                      to every 12 years.                                   for all vessels with
                                                                                           inert gas bottles for
                                                                                           fire protection
                                                                                           systems from at least
                                                                                           once in every 5 years
                                                                                           for large bottles and
                                                                                           10 years for small
                                                                                           bottles to once in
                                                                                           every 12 years for
                                                                                           all bottle types.
MODU Lifesaving Appliance Release    1. Adds an option in    46 CFR 108.570(c)(3).......  No impact; editorial.
 Mechanism.                           46 CFR subchapter I-A
                                      to allow lifeboats
                                      also serving as a
                                      rescue boat to have
                                      lifeboat release
                                      mechanisms instead of
                                      rescue boat release
                                      mechanisms.
                                     2. Aligns this
                                      regulation with a
                                      similar regulation in
                                      46 CFR subchapter W.
Nonmetallic Piping.................  Removes redundant fire  46 CFR 116.405(f)..........  No impact; editorial.
                                      testing requirements
                                      for nonmetallic
                                      piping in 46 CFR
                                      subchapter K.

[[Page 33034]]

 
Pressure-Vacuum Relief Valves......  1. Revises              46 CFR 39.1005, 46 CFR       No impact; editorial
                                      requirements for        39.2011(b)(1), 46 CFR        and aligns with
                                      approving pressure-     162.017-1, 46 CFR 162.017-   current industry
                                      vacuum relief valves.   2, 46 CFR 162.017-3(n), 46   practice.
                                     2. Updates IBR           CFR 162.017-3(r), 46 CFR
                                      edition..               162.017-6.
Resins for Lifeboats and Rescue      Removes approval        46 CFR 160.135-5(d), 46 CFR  No impact; editorial.
 Boats.                               series for fire-        160.135-7(b)(3)(iv)(A), 46
                                      retardant resins and    CFR 160.156-5(d), 46 CFR
                                      incorporates approval   160.156-7(b)(3)(iv)(A), 46
                                      of these resins into    CFR 164.120.
                                      approvals for
                                      lifeboats and rescue
                                      boats.
Self-Contained Breathing Apparatus.  Removes obsolete        46 CFR 35.30-20(c)(1), 46    No impact; editorial.
                                      requirement for MSHA    CFR 77.35-5(b), 46 CFR
                                      approval for SCBAs.     96.35-5(b), 46 CFR
                                                              108.497(a), 46 CFR
                                                              132.365(b)(1), 46 CFR
                                                              167.45-60(a), 46 CFR
                                                              169.717(a)(1).
Stairwell Structural Fire            Clarifies the           46 CFR 116.400(c)..........  No impact; editorial.
 Protection and Means of Egress.      stairwell structural
                                      fire protection and
                                      means of egress
                                      requirements for 46
                                      CFR subchapter K
                                      vessels.
Winches and Davits.................  1. Removes              46 CFR 160.115-7(b)(6)(vi).  No impact; editorial.
                                      prescriptive design
                                      requirements for
                                      winch and davit
                                      safety devices under
                                      the LSA Code.
                                     2. Aligns the safety
                                      device requirement
                                      with the LSA Code.
----------------------------------------------------------------------------------------------------------------

Affected Population
    For this proposed rule, we obtained the affected population of 
vessels and the items they carry primarily from our Marine Information 
for Safety and Law Enforcement (MISLE) database and from supplemental 
information provided to us by subject matter experts (SMEs) in CG-ENG. 
The affected population is the total number of U.S.-flagged vessels 
carrying foam fire extinguishing systems, lifeboat wire falls, and 
inert gas bottles for extinguishing fires. We estimate the total number 
of affected vessels as 581, made up of 132 vessels carrying foam fire 
systems, 14 vessels carrying inert gas bottles, and 435 vessels 
carrying lifeboats. Vessels can be carrying more than one type of 
equipment at a time, so there is some overlap in the number of vessels 
that, for example, carry a foam fire extinguishing system and 
lifeboats. For the purposes of our cost analysis, however, we assume 
there is no overlap.
Cost Analysis
    This proposed rule would have a cost savings associated with 
reducing the maintenance intervals for hydrostatic testing of inert gas 
bottles and lifeboat wire falls, and expanding testing parties for 
fixed-foam fire extinguishing systems.
Regulatory Baseline
    To obtain the cost savings associated with this proposed rule, we 
first calculated the current costs to mariners for firefighting foam 
testing, hydrostatic testing of inert gas bottles, and lifeboat wire 
falls. Then, we compared the current and the proposed costs to obtain 
the cost savings. The baseline costs for these items are as follows:
Foam Testing
    Owners and operators of vessels that carry foam fire extinguishing 
systems are required in 46 CFR 31.10-18(c) and 46 CFR 107.235(b)(4) to 
submit a representative sample of firefighting foam concentrate, if 
carried, to the manufacturer to test for specific properties such as 
gravity, pH, percentage of water dilution, and solid content. 
Currently, the frequency of this testing is twice in a 5-year period. 
From information obtained in MISLE and discussions with SMEs, there are 
a total of 132 vessels carrying foam fire systems in our affected 
population because each vessel carries 1 foam fire extinguishing system 
on board.
    Based on information we obtained from a Coast Guard-approved third-
party company that tests foam fire extinguishing systems and from 
consultations with SMEs, the cost to perform the test is about $150, 
which includes the cost for a vessel owner or operator to submit a foam 
sample to a manufacturer for testing. We estimate the total annual 
undiscounted cost for foam testing to be approximately $7,920. We 
calculate this by assuming that in any given year, 40 percent (or 2 
divided by 5 to represent the testing interval of 2 tests every 5 
years) of the 132 foam systems require testing. We then multiply the 
result (132 x 0.40) by the cost per test ($150). Table 4 presents the 
baseline total undiscounted cost for fire extinguishing foam testing.

                                     Table 4--Baseline Cost for Foam Testing
----------------------------------------------------------------------------------------------------------------
                                                                  Foam testing
                            Period                               population for    Cost per test    Total cost
                                                                   each period
                                                                             (A)             (B)     (C) = (A) x
                                                                                                             (B)
----------------------------------------------------------------------------------------------------------------
1.............................................................      132 x (0.40)            $150          $7,920
2.............................................................      132 x (0.40)             150           7,920
3.............................................................      132 x (0.40)             150           7,920
4.............................................................      132 x (0.40)             150           7,920
5.............................................................      132 x (0.40)             150           7,920
6.............................................................      132 x (0.40)             150           7,920
7.............................................................      132 x (0.40)             150           7,920
8.............................................................      132 x (0.40)             150           7,920

[[Page 33035]]

 
9.............................................................      132 x (0.40)             150           7,920
10............................................................      132 x (0.40)             150           7,920
                                                               -------------------------------------------------
    Total.....................................................  ................  ..............          79,200
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.

Hydrostatic Testing for Inert Gas Cylinders
    Under 46 CFR subpart 147.66, vessel owners or operators for vessels 
that carry inert gas fire extinguishing bottles must have the bottles 
hydrostatically tested at least once every 10 years for bottles with an 
equivalent water capacity of 125 pounds or less, or 5 years for larger 
bottles with an equivalent water capacity of greater than 125 pounds 
(the water capacity of a bottle is used to obtain the volumetric size 
of the bottle for testing purposes because testing cannot be performed 
when the bottle contains an inert gas). This is necessary to ensure the 
integrity of the bottles. The Coast Guard contacted a company that 
hydrostatically tests inert gas bottles to obtain the costs associated 
with testing and discharging these bottles, recharging the bottles with 
an inert gas, and delivering the bottles to a vessel when the testing 
is completed.\7\
---------------------------------------------------------------------------

    \7\ An inert gas is a gas that has low chemical reactivity under 
certain conditions, which makes it suitable for firefighting 
purposes either alone or with other gases. Inert gases extinguish 
fires by displacing oxygen in the air. The field of chemistry 
generally recognizes that six (naturally occurring) gases make up 
the list of inert gases: helium, argon, neon, krypton, xenon, and 
radon. See https://www.Britannica.com/science/noble-gas.
---------------------------------------------------------------------------

    The cost to discharge and test the bottle, rebuild the valve on the 
bottle, and recharge the bottle with an inert gas is about $1,220-a 
lump-sum amount provided to us by the testing company. The pickup and 
delivery costs are about $600. The company we contacted for this cost 
estimate provided a lump-sum figure, which includes the time it takes 
to drive to a vessel, disconnect the bottles, load the bottles onto the 
delivery vehicle, and transport the bottles to the testing facility and 
back to the vessel.
    Therefore, the total cost a testing company charges a vessel owner 
or operator is about $1,820 ($1,220 + $600) to hydrostatically test 
inert gas bottles. Based on MISLE data and discussions with SMEs, the 
total number of inert gas bottles for the 14 vessels that have inert 
gas bottles on board is approximately 169, or approximately 12 bottles 
per vessel. As a result, the testing cost once in a 10-year period is 
about $307,580 (169 bottles x $1,820). We estimate the total annual 
undiscounted cost for inert gas testing to be approximately $30,758. We 
calculate this by assuming that 10 percent (or 1 divided by 10 to 
represent the testing interval of 1 test every 10 years) of the 169 
inert gas cylinders require testing over a 10-year period. We then 
multiply the result (169 x 0.10) by the cost per test ($1,820). Table 5 
presents the baseline total undiscounted cost for inert gas cylinders.

                                 Table 5--Baseline Cost for Inert Gas Cylinders
----------------------------------------------------------------------------------------------------------------
                                                                    Inert gas
                            Period                               population for    Cost per test    Total cost
                                                                   each period
                                                                             (A)             (B)     (C) = (A) x
                                                                                                             (B)
----------------------------------------------------------------------------------------------------------------
1.............................................................      169 x (0.10)          $1,820         $30,758
2.............................................................      169 x (0.10)           1,820          30,758
3.............................................................      169 x (0.10)           1,820          30,758
4.............................................................      169 x (0.10)           1,820          30,758
5.............................................................      169 x (0.10)           1,820          30,758
6.............................................................      169 x (0.10)           1,820          30,758
7.............................................................      169 x (0.10)           1,820          30,758
8.............................................................      169 x (0.10)           1,820          30,758
9.............................................................      169 x (0.10)           1,820          30,758
10............................................................      169 x (0.10)           1,820          30,758
                                                               -------------------------------------------------
    Total.....................................................  ................  ..............         307,580
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs once every 10 years.

End-for-Ending Launching Appliance Falls
    U.S.-flagged vessel owners and operators are required to replace 
lifeboat launching appliance falls every 5 years according to 46 CFR 
109.301 and 199.190. According to current regulations, these falls 
(wire ropes) must be turned end-for-end not more than 30 months, or 2.5 
years, after installation during a 5-year period (the phrase ``turned 
end-for-end'' means rotating the wire ropes so the ropes wear evenly). 
There are two falls for each lifeboat and there are two lifeboats per 
vessel. Using the MISLE database, we identified 435 U.S.-flagged 
vessels that carry lifeboats. Each affected vessel has 2 lifeboats on

[[Page 33036]]

board; therefore, we estimate there are 870 lifeboats that have fall 
wire ropes.
    For cost savings purposes, we assume that each lifeboat has two 
fall wire ropes. The cost to turn two falls end-for-end on each 
launching appliance is about $2,000, based on information provided to 
us from a company that performs this function. Because there are 2 
lifeboats per vessel, the population of lifeboat wire rope falls is 
870. The total annual cost to turn falls end-for-end 2.5 years after 
installation for 870 lifeboat wire falls is about $348,000. We 
calculate this by assuming that in any given year 20 percent (or 2 
divided by 10 to represent the turning interval of 1 turn every 5 
years) of the 870 lifeboat wire falls require turning. We then multiply 
the result (870 x 0.20) by the cost per turning ($2,000). Table 6 
presents the baseline total undiscounted cost for lifeboat wire falls.

                                 Table 6--Baseline Cost for Lifeboat Wire Falls
----------------------------------------------------------------------------------------------------------------
                                                                  Lifeboat wire
                            Period                              falls population     Cost per       Total cost
                                                                 for each period      turning
                                                                             (A)             (B)     (C) = (A) x
                                                                                                             (B)
----------------------------------------------------------------------------------------------------------------
1.............................................................      870 x (0.20)          $2,000        $348,000
2.............................................................      870 x (0.20)           2,000         348,000
3.............................................................      870 x (0.20)           2,000         348,000
4.............................................................      870 x (0.20)           2,000         348,000
5.............................................................      870 x (0.20)           2,000         348,000
6.............................................................      870 x (0.20)           2,000         348,000
7.............................................................      870 x (0.20)           2,000         348,000
8.............................................................      870 x (0.20)           2,000         348,000
9.............................................................      870 x (0.20)           2,000         348,000
10............................................................      870 x (0.20)           2,000         348,000
                                                               -------------------------------------------------
    Total.....................................................  ................  ..............       3,480,000
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* This test occurs twice in a 5-year period.

    We estimate the baseline total undiscounted cost to owners and 
operators of U.S.-flagged vessels for all three items to be about 
$3,866,780 ($79,200 + $3,480,000 + $307,580) (see table 7).

                          Table 7--Summary of Baseline Costs Associated With Each Item
----------------------------------------------------------------------------------------------------------------
                                                                   Lifeboat wire     Inert gas     Undiscounted
                     Period                        Foam testing        falls          testing          cost
----------------------------------------------------------------------------------------------------------------
1...............................................          $7,920        $348,000         $30,758        $386,678
2...............................................           7,920         348,000          30,758         386,678
3...............................................           7,920         348,000          30,758         386,678
4...............................................           7,920         348,000          30,758         386,678
5...............................................           7,920         348,000          30,758         386,678
6...............................................           7,920         348,000          30,758         386,678
7...............................................           7,920         348,000          30,758         386,678
8...............................................           7,920         348,000          30,758         386,678
9...............................................           7,920         348,000          30,758         386,678
10..............................................           7,920       3,348,000          30,758         386,678
                                                 ---------------------------------------------------------------
    Total.......................................          79,200       3,480,000         307,580       3,866,780
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.

    This proposed rule would generate cost savings as follows:
Cost Savings
    The cost savings would originate from eliminating outdated 
requirements, reducing inspection and testing requirements, and 
updating standards. The cost savings of this proposed rule are 
associated with three items: testing concentrates for fixed foam fire 
systems, hydrostatic testing for inert gas bottles, and eliminating the 
end-for-ending requirement for launching appliance falls (wire ropes) 
when replaced at an interval of 5 years.
Foam Testing
    There are numerous laboratories, other than those owned by foam 
manufacturers, that can test foam concentrates used for firefighting. 
Allowing a Coast Guard-accepted independent laboratory to test foam 
concentrates provides a similar level of safety to the current 
requirements and may be less burdensome to the vessel owners or 
operators. Additionally, the use of a third party to test the 
properties of the firefighting foam would allow for increased 
availability in the number of companies who can test firefighting foam 
systems.
    In this proposed rule, a Coast Guard-accepted independent 
laboratory, in place of a manufacturer, would be permitted to perform 
the foam firefighting concentrates test. We estimate a charge for this 
service would be about $115 per system.\8\ This would result in a total 
annual cost of $6,072. We calculate this by assuming that, in

[[Page 33037]]

any given year, 40 percent (or 2 divided by 5 to represent the testing 
interval of 2 tests every 5 years) of the 132 foam systems require 
testing. We then multiply the result (132 x 0.40) by the projected cost 
per test ($115) (see table 8).
---------------------------------------------------------------------------

    \8\ This price was obtained from the industry.

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

    We compared the current unit cost for firefighting foam testing of 
$150 when performed by a manufacturer with the projected unit cost of 
$115 when performed by a third party. We estimate the unit cost savings 
to be $35 ($150--$115). As we presented earlier in this analysis, the 
baseline and the projected costs for firefighting foam testing are 
$7,920 and $6,072, respectively (see tables 4 and 7). Therefore, the 
cost savings per year would be $1,848 ($7,920--$6,072), and the total 
cost savings for the firefighting foam testing part of this proposed 
rule would be about $18,480 ($79,200--$60,720), undiscounted (see table 
9).

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

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

[[Page 33038]]

($307,580-$256,320) in testing costs over a 10-year period (see table 
11).

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


           Table 11--Net Cost Savings for Inert Gas Cylinders
------------------------------------------------------------------------
                                  Baseline     Proposed     Total cost
            Period                 cost *      cost **        saving
                                        (A)          (B)   (C) = (A)-(B)
------------------------------------------------------------------------
1.............................      $30,758      $25,632          $5,126
2.............................       30,758       25,632           5,126
3.............................       30,758       25,632           5,126
4.............................       30,758       25,632           5,126
5.............................       30,758       25,632           5,126
6.............................       30,758       25,632           5,126
7.............................       30,758       25,632           5,126
8.............................       30,758       25,632           5,126
9.............................       30,758       25,632           5,126
10............................       30,758       25,632           5,126
                               -----------------------------------------
    Total.....................      307,580      256,320          51,260
------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 5.
** Table 10.

End-for-Ending Launching Appliance Falls
    The Coast Guard proposes to revise the ``end-for-ending'' 
requirement for lifeboat launching appliance falls to align with SOLAS, 
which allows for a fall replacement interval of 5 years without turning 
the wires end-for-end. Current regulations require that falls must be 
replaced in 5-year intervals if they are serviced in accordance with 
IMO Circular MSC.1/Circ.1206 (Rev.1) and MSC.402(96).
    The cost saving would be from eliminating the requirement to turn 
the ropes end-for-end every 2.5 years over a 10-year period of 
analysis. This would result in cost savings for vessel owners and 
operators of about $3,480,000 for the 435 U.S.-flagged vessels that 
have lifeboats on board. See table 12.

                               Table 12--Net Cost Savings for Lifeboat Wire Falls
----------------------------------------------------------------------------------------------------------------
                                                                   Baseline cost                    Total cost
                             Period                                      *         Proposed cost      saving
                                                                             (A)             (B)   (C) = (A)-(B)
----------------------------------------------------------------------------------------------------------------
1...............................................................        $348,000              $0        $348,000
2...............................................................         348,000               0         348,000
3...............................................................         348,000               0         348,000
4...............................................................         348,000               0         348,000
5...............................................................         348,000               0         348,000
6...............................................................         348,000               0         348,000
7...............................................................         348,000               0         348,000
8...............................................................         348,000               0         348,000
9...............................................................         348,000               0         348,000

[[Page 33039]]

 
10..............................................................         348,000               0         348,000
                                                                 -----------------------------------------------
    Total.......................................................       3,480,000               0       3,480,000
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 6.

    Table 13 shows the total cost savings for owners and operators of 
U.S.-flagged vessels to be about $3 million, undiscounted, over a 10-
year period of analysis. We estimate the total present value or 
discounted cost savings of the proposed rule over a 10-year period of 
analysis to be between $2.5 and $3 million, at 7- and 3-percent 
discount rates, respectively. We estimate the annualized cost savings 
to be about $354,974 at each discount rate.

                  Table 13--Summary of Cost Savings of the Proposed Rule (10-Year Period of Analysis, 7- and 3-Percent Discount Rates)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Inert gas     Lifeboat wire   Undiscounted
                         Period                           Foam testing *    testing **       falls ***     cost savings     7% Discount     3% Discount
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................................................          $1,848          $5,126        $348,000        $354,974        $331,751        $344,635
2.......................................................           1,848           5,126         348,000         354,974         310,048         334,597
3.......................................................           1,848           5,126         348,000         354,974         289,765         324,851
4.......................................................           1,848           5,126         348,000         354,974         270,808         315,390
5.......................................................           1,848           5,126         348,000         354,974         253,092         306,204
6.......................................................           1,848           5,126         348,000         354,974         236,534         297,285
7.......................................................           1,848           5,126         348,000         354,974         221,060         288,626
8.......................................................           1,848           5,126         348,000         354,974         206,598         280,220
9.......................................................           1,848           5,126         348,000         354,974         193,082         272,058
10......................................................           1,848           5,126         348,000         354,974         180,451         264,134
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          18,480          51,260       3,480,000       3,549,740       2,493,189       3,028,000
                                                         -----------------------------------------------------------------------------------------------
    Annualized..........................................  ..............  ..............  ..............  ..............         354,974         354,974
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to independent rounding.
* Table 9.
** Table 11.
*** Table 12.

Electronic Submission
    Current regulations require manufacturers that produce marine 
safety equipment needing approval to mail their paper application and 
supporting documentation in triplicate. The requirement for submitting 
paper plans in triplicate allows the office reviewing them to mark the 
approved plans and return one copy to the submitter, retain one copy in 
our files, and to forward the third copy to the cognizant OCMI. It is 
current industry practice for manufacturers to submit their 
applications electronically, get them stamped electronically and 
distributed as described above. The Coast Guard is providing an option 
for submitting plans electronically. There are several places in the 
CFR where we are removing the ``in triplicate'' requirement for 
submissions for equipment approval if the manufacturer wishes to submit 
plans electronically (see the table 3 for the affected CFR sections). 
It is current industry practice for manufacturers to submit their 
applications electronically. According to data from the Coast Guard's 
Work Management System, 99.2 percent of all submissions related to 
applications for equipment approval were submitted electronically over 
the last 5 years. So, this proposed rule would add an option for 
manufacturers to submit their applications and type approval materials 
electronically to codify the current industry practice. Therefore, 
there would be no change in the hourly burden estimate and no impact to 
the information collection request.
Benefits
    We expect this proposed rule would generate qualitative benefits. 
The proposed rule would reduce confusion and provide flexibility to 
industry by allowing third-party testing for certain safety equipment 
required on board vessels and offshore units or facilities. It would 
provide regulatory clarity by removing obsolete regulations, such as 
the MSHA approval for SCBAs for firefighters, and through updating 
standards to align with SOLAS.
Alternatives
Alternative 1: No-Action Alternative
    Under this alternative, the Coast Guard would retain the status quo 
and would not incorporate by reference industry standards into the CFR. 
This alternative would not align conflicting sections of the CFR with 
SOLAS and related regulations. Furthermore, it would not reduce the 
burden to industry. This alternative would not allow the Coast Guard to 
perform retrospective review and updates to the regulations. We 
rejected this alternative because it would not generate cost savings 
for the marine industry, nor update standards in 33 CFR chapter I or 46 
CFR chapter I.
Alternative 2: Policy Over Regulation
    Under this alternative, the Coast Guard would issue a NVIC or 
policy

[[Page 33040]]

letter instead of proposing changes through an NPRM. As voluntary 
documents, neither NVICs nor policy letters are legally enforceable by 
the agency. A NVIC or a policy letter would not update the CFR, and the 
process of obtaining an equivalency test still would be needed. The 
Coast Guard rejected this alternative because industry would not 
benefit from current references and the public would not be given the 
opportunity to comment on current industry practice and standards.
Alternative 3: Preferred Alternative
    With this alternative, the Coast Guard would revise the regulations 
associated with 33 CFR chapter I and 46 CFR chapter I. This is the 
preferred alternative because it would update current references and 
align conflicting sections of the CFR with SOLAS and related 
regulations, eliminate outdated standards, and reduce inspection and 
testing requirements. This alternative also allows the Coast Guard to 
perform retrospective reviews and updates to the regulations.
    This alternative would also reduce the workload for vessel owners 
and operators by extending testing or maintenance intervals or 
expanding the range of allowable testers for three items: inert gas 
bottles, foam fire systems, and lifeboat launching appliances falls 
(wire ropes). In turn, this alternative would generate cost savings for 
vessel owners and operators and manufacturers of marine equipment. We 
presented the cost saving impacts of this alternative earlier in this 
analysis.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    We expect this proposed rule to generate cost savings to vessel 
owners and operators who own vessels that carry lifeboats, bottles of 
inert gas, and foam fire systems for extinguishing fires. The cost 
savings would be the result of reducing the maintenance intervals for 
hydrostatic testing for inert gas bottles and testing and maintaining 
lifeboat falls (wire ropes). The cost savings associated with vessel 
owners and operators who own vessels that carry foam fire systems for 
extinguishing fires would be from allowing a third party to test the 
firefighting foam concentrates.
    Using the Coast Guard's MISLE database, we found this proposed rule 
would affect 390 companies that own 531 distinct vessels. Of the 390 
companies, 235 companies did not have company names in our MISLE 
database; therefore, we assumed these 235 companies to be small 
entities. We found the remaining 155 companies own 296 vessels. Based 
on publicly available information from the online database 
``ReferenceUSAgov'' and other online searches of companies,\9\ we found 
revenue or employee information on 74 of the 155 companies. Using the 
Small Business Administration's ``Table of Size Standards'' and the 
North American Industry Classification System codes listed in the 
table, we identified 51 of the 74 companies to be small entities. We 
determined the other 23 companies were not small entities.\10\ We did 
not find information on the remaining 81 companies; therefore, we 
assumed these companies were small entities.
---------------------------------------------------------------------------

    \9\ In addition to individual online searches of companies, the 
Coast Guard reviewed https://www.manta.com/mb to find revenue or 
employee information for the 74 companies.
    \10\ https://www.sba.gov/document/support--table-size-standards, 
effective December 19, 2022.
---------------------------------------------------------------------------

    Overall, we assume there are a total of 132 small entities (51 + 
81) out of 155 companies for which were named in the MISLE database, or 
approximately 85 percent. If we add the number of small entities that 
we could confirm are small based on revenue or employee information 
(51) to the number of companies without company information (235 + 81), 
we assume the total number of small entities to be 367 out of the 390 
companies affected by this proposed rule.
    For cost savings purposes, we needed to differentiate the vessels 
that have different combinations of the equipment on board. MISLE's 
database offers data on company names, vessels, and equipment types. 
From MISLE's data and our small entity analysis, we found that there 
are six different combinations of equipment that would affect the 
savings for each vessel (see table 14). As a result, the affected small 
entities overlap and are not exclusive throughout this analysis.
    Based on MISLE's data and our small entity analysis discussed 
earlier, we determined that the number of small entities would be 367. 
Out of 367 small entities, we found that 68 small entities own vessels 
that carry only foam fire systems. As described in the regulatory 
analysis above, we estimate the cost savings for foam fire systems to 
be about $35 for each vessel, and we assume the foam fire systems would 
be tested four times during the analysis period. These small entities 
would save about $952 annually per vessel (68 small entities x $35 
savings per vessel x 0.4 systems tested per year), or about $14 per 
entity ($952 / 68 small entities).
    Using MISLE's data and the small entity analysis, we identified 251 
small entities that own vessels carrying lifeboats that have fall wire 
ropes. Each small entity would save about $800 annually per vessel it 
owns (0.2 turns per year x $2,000 cost per turn x 2 lifeboats per 
vessel).
    Based on MISLE's database, we found that only eight small entities 
own vessels carrying only inert gas bottles; there are 58 inert gas 
bottles on these vessels.\11\ As presented in the regulatory analysis 
above, the annual cost savings on inert gas tests would be $30 [($1,820 
(cost savings per inert gas test) / 10 years-$1,820 (cost savings per 
inert gas test) / 12 years) = $30], and the cost savings for the 8 
entities that would be $1,740 [58 (number of inert gas bottles) x $30 
(annual cost savings per inert gas bottle)]. These 8 small entities 
would save, on average, about $218 ($1,740 / 8) annually per entity per 
vessel.
---------------------------------------------------------------------------

    \11\ Please note that the number of inert gas bottles carried on 
board vessels varies from one vessel to another depending on the 
size of the space protected by the fire suppression system.
---------------------------------------------------------------------------

    Using MISLE's data and the small entity analysis, we identified 36 
small entities that own vessels carrying foam fire systems and 
lifeboats. As presented in the previous paragraphs, the annual cost 
savings per entity for the foam fire systems would be $14 and the 
annual cost saving per entity for fall wire ropes would be $800. 
Therefore, we estimate these 36 small entities would save about $814 
($14 + $800) annually per entity per vessel.
    Using MISLE's data and the small entity analysis described earlier, 
we identified two small entities that own vessels carrying inert gas 
bottles and lifeboats that have fall wire ropes that need to be turned 
periodically. As presented in the previous paragraphs, the annual cost 
savings for these 2 entities that own vessels carrying inert gas 
bottles would be $180 [6 (number of inert gas bottles carried on board 
vessels for both entities) x $30 (annual cost savings per inert gas 
bottle) = $180] and the annual cost savings for these 2 entities on 
fall wire ropes would be $1,600 [2 (number of entities) x $800 (cost 
saving per entity for fall wire ropes) = $1,600]. Therefore, the annual 
cost savings for these 2 entities would be $1,780 ($180 + $1,600) and 
these 2

[[Page 33041]]

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

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

    From these 6 different combinations, the range of the annual 
proposed cost savings that we estimate for small entities per vessel in 
this analysis is between $14 and $2,314, and the total proposed annual 
cost savings for the small entities would be about $239,208. Table 15 
shows the cost savings per revenue for the small entities for which we 
had revenue information.

                                                        Table 15--Distribution of Revenue Impacts
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of revenue impact                                            Average annual impact per vessel                                     Small entities
                                                                                                                                            with known
                                                                                                                                              revenue
--------------------------------------------------------------------------------------------------------------------------------------------------------
<1%.............................  Foam Testing.......  Lifeboat Wire Falls  Inert Gas Testing..  Foam Testing and     Lifeboat Wire                   51
                                                                                                  Lifeboat Wire        Falls and Inert
                                                                                                  Falls.               Gas Testing.
Cost Savings per Vessel.........  $14................  $800...............  $218...............  $814...............  $890..............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Using MISLE's data, we found that 51 small entities, where we found 
revenue and employee information, own 92 vessels. Therefore, each small 
entity owns, on average, two vessels. Multiplying the cost savings per 
entity per vessel (see table 15) by the number of vessels owned by each 
entity or 2, yielded the following cost savings per entity: $28 for 
foam testing ($14 x 2 vessels per entity = $28); $1,600 for lifeboat 
wire falls ($800 x 2 vessels per entity = $1,600); $436 for inert gas 
testing ($218 x 2 vessels per entity = $436); $1,628 for foam testing 
and lifeboats wire falls ($814 x 2 vessels per entity = $1,628); and 
$1,780 for lifeboat wire falls and inert gas testing ($890 x 2 vessels 
per entity = $1,780). For each of the 51 small entities with known 
revenue, the average annual cost savings per equipment type per small 
entity would be less than 1 percent of annual revenue. Based on this 
analysis, we found that 100 percent of the small entities with known 
revenues that would be impacted by this proposed rule (all 51 entities) 
would have a cost savings that is less than 1 percent of their annual 
revenue. The Coast Guard's economic analysis concluded that these 
changes would generate cost savings and would not impose a burden on 
any entities affected by this proposed rule.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this proposed rule would have a significant economic impact on 
it, please submit a comment to the docket at the address listed in the 
ADDRESSES section of this preamble. In your comment, explain why you 
think it qualifies and how and to what degree this proposed rule would 
economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we offer to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this proposed rule. The 
Coast Guard will not retaliate against small entities that question or 
complain about this

[[Page 33042]]

proposed rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

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

E. Federalism

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

F. Unfunded Mandates

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

G. Taking of Private Property

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

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

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (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 proposed rule uses the following technical and voluntary 
consensus standards: ASTM D975-14, IMO MSC Circ. 1006, and ISO 15364. 
The proposed sections that reference these standards and the locations 
where these standards are available are listed in Sec. Sec.  39.1005, 
160.135-5, 160.156-5, 160.171-3, and 160.174-3.
    These standards provide internationally accepted and recognized 
parameters that equipment, material, etc. must meet to ensure its 
safety, proper usage, and preservation on the seas. The standards that 
would be incorporated were developed by either the ASTM, IMO, or ISO, 
which are voluntary consensus standard-setting organizations.

[[Page 33043]]

    One ASTM standard would be incorporated by reference in this 
rulemaking: ASTM D975-14, ``Standard Specification for Diesel Fuel 
Oils'' (July 30, 2014). This ASTM specification classifies grades of 
diesel fuel oils suitable for various types of diesel engines. As 
incorporated, it would define the grade of fuel necessary to perform a 
test for oil resistance.
    One IMO standard would be incorporated by reference in this 
rulemaking: IMO MSC/Circular.1006 ``Guidelines on Fire Test Procedures 
for Acceptance of Fire-Retardant Materials for the Construction of 
Lifeboats'' (adopted on June 8, 2001). This test procedure is used for 
the acceptance of fire-retardant and flame-resistant materials used for 
the construction of lifeboats, which are required to be fire-retardant 
by the International Life-saving Code.
    One ISO standard would be incorporated by reference in this 
rulemaking: ISO 15364:2021(E) (February 2021)--``Ships and marine 
technology--Pressure-vacuum valves for cargo tanks and devices to 
prevent the passage of flame into cargo tanks.'' This international 
standard specifies the minimum requirements for performance and testing 
of pressure-vacuum relief valves, with emphasis on selection of 
materials, internal finish, and surface requirements for pressure-
vacuum relief valves installed on cargo tanks in tankers.
    Consistent with incorporation by reference provisions in 1 CFR part 
51, this material is reasonably available. Interested persons have 
access to it through their normal course of business; can purchase it 
from the organizations identified in 46 CFR 39.1005, 160.135-5, 
160.156-5, 160.171-3, and 160.174-3; or may view a copy using the 
methods identified in those sections.
    If you disagree with our analysis of these voluntary consensus 
standards or are aware of voluntary consensus standards that might 
apply but are not listed, please send a comment explaining your 
disagreement or identifying additional standards to the docket using 
one of the methods under ADDRESSES.

M. Environment

    We have analyzed this proposed rule under DHS Management Directive 
023-01, Rev. 1, associated implementing instructions, and Environmental 
Planning COMDTINST 5090.1 (series), which guide the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321-4370f), and have made a preliminary determination that this action 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. A 
preliminary Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble. This proposed 
rule would be categorically excluded under paragraphs L52, L54, and L57 
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 
01. Paragraph L52 pertains to regulations concerning vessel safety 
standards; Paragraph L54 pertains to regulations which are editorial 
and procedural; and Paragraph L57 pertains to regulations concerning 
manning, documentation, admeasurement, inspection, and equipping of 
vessels.
    This proposed rule involves revising regulations associated with 
the approval, carriage, and maintenance of certain safety equipment 
required on board vessels and offshore units or facilities. Some of 
these proposed revisions are editorial or procedural actions that would 
eliminate outdated requirements, reduce inspection and testing 
requirements, update standards incorporated by reference, remove 
obsolete sections, and align conflicting sections with codes associated 
with SOLAS. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects

33 CFR Part 149

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

46 CFR Part 2

    Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 32

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

46 CFR Part 34

    Cargo vessels, Fire prevention, Marine safety.

46 CFR Part 35

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

46 CFR Part 39

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

46 CFR Part 56

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 76

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 77

    Marine safety, Navigation (water), Passenger vessels.

46 CFR Part 95

    Cargo vessels, Fire prevention, Marine safety.

46 CFR Part 96

    Cargo vessels, Marine safety, Navigation (water).

46 CFR Part 105

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

46 CFR Part 107

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

46 CFR Part 108

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

46 CFR Part 109

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

46 CFR Part 115

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

46 CFR Part 116

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

46 CFR Part 118

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

46 CFR Part 132

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

[[Page 33044]]

46 CFR Part 147

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

46 CFR Part 159

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

46 CFR Part 160

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

46 CFR Part 161

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 162

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

46 CFR Part 163

    Marine safety.

46 CFR Part 164

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

46 CFR Part 167

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

46 CFR Part 169

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

46 CFR Part 181

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

46 CFR Part 195

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

46 CFR Part 199

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

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

Title 33--Navigation and Navigable Waters

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

0
1. The authority citation for part 149 is revised to read as follows:
0
Authority: 33 U.S.C. 1504, 1509; DHS Delegation No. 00170.1, Revision 
No. 01.3, paragraph (II)(75).

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


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

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

Title 46--Shipping

PART 2--VESSEL INSPECTIONS

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

    Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103, 2110, 
3306, 3316, 3703, 70034; DHS Delegation No. 00170.1, Revision No. 
01.3, paragraphs (II)(70), (77), (90), (92); E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277, sec. 1-105.

0
4. Revise Sec.  2.75-10(b) to read as follows:


Sec.  2.75-10   Procedures for obtaining approvals.

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

PART 31--INSPECTION AND CERTIFICATION

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

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307, 
3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 
DHS Delegation No. 00170.1, Revision No. 01.3, paragraph (II)(73), 
(92). Section 31.10-21 also issued under the authority of Sect. 
4109, Pub. L. 101-380, 104 Stat. 515.


Sec.  31.10-18  [Amended]

0
6. In Sec.  31.10-18 paragraph (c), after the text, ``manufacturer'', 
add the text ``, or its authorized representative, or an independent 
laboratory accepted for this purpose by the Coast Guard,''.

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

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

    Authority:  46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation No. 00170.1, 
Revision No. 01.3, paragraph (II)(92); Subpart 32.59 also issued 
under the authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.


Sec.  32.90-1  [Amended]

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

PART 34--FIRE FIGHTING EQUIPMENT

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

    Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3, 
paragraph (II)(92).


Sec.  34.10-90  [Amended]

0
10. Amend Sec.  34.10-90(a)(3) by:
0
a. Adding a comma after the text, ``20 gross tons or under''; and
0
b. Removing the text ``B-II'', and adding, in its place, the text, 
``40-B''.
0
11. In Sec.  34.50-10, in the table in paragraph (h), revise the second 
entry under ``Service Areas'' to read as follows:


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

* * * * *
    (h) * * *

[[Page 33045]]



                           Table 34.50-10(a)--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
                    Tank ships                                                         Tank barges
--------------------------------------------------                      ----------------------------------------
                                       Minimum             Area              Minimum
      Quantity and location           required                              required      Quantity and location
                                       rating                                rating
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                  Service Areas
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1 required for each 2,500 sq ft              40-B  Stores areas,         ..............  None required.
 or fraction thereof.                               including paint and
                                                    lamp rooms.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 35--OPERATIONS

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

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101, 
70011, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation 
No. 00170.1, Revision No. 01.3, paragraph (II)(70), (73), (92).


Sec.  35.30-20   [Amended]

0
13. In Sec.  35.30-20(c)(1), remove the text ``the Mine Safety and 
Health Administration (MSHA) and by''.

PART 39--VAPOR CONTROL SYSTEMS

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

    Authority: 42 U.S.C. 7511b(f)(2); 46 U.S.C. 3306, 3703, 3715(b), 
70011, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
DHS Delegation No. 00170.1, Revision No. 01.3, paragraph (II)(70), 
(92).

0
15. Amend Sec.  39.1005 as follows:
0
a. Revise paragraph (a);
0
b. Redesignate paragraphs (g) through (i) as paragraphs (h) through 
(j);
0
c. Add new paragraph (g).
    The revisions and additions read as follows:


Sec.  39.1005  Incorporation by reference -TB/ALL.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Coast Guard 
and at the National Archives and Records Administration (NARA). Contact 
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For 
information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the sources 
in the following paragraphs of this section.
* * * * *
    (g) International Organization for Standardization (ISO), ISO 
Central Secretariat Chemin de Blandonnet 8. CP 401--1214 Vernier, 
Geneva, Switzerland, telephone 41 22 749 01 11, https://www.iso.org/contact-iso.html.
    (1) ISO 15364:2021(E), Ships and Marine Technology--Pressure-vacuum 
valves for cargo tanks and devices to prevent the passage of flame into 
cargo tanks, Fourth Edition (February 2021) (``ISO 15364''), IBR 
approved for Sec.  39.2011(b).
    (2) [Reserved]
* * * * *
0
16. Revise Sec.  39.2011(b)(1) to read as follows:


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

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

PART 56--PIPING SYSTEMS AND APPURTENANCES

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

    Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C. 
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation No. 
00170.1, Revision No. 01.3, paragraph (II)(73), (75), (90), (92).


Sec.  56.60-25  [Amended]

0
18. In Sec.  56.60-25(a)(4), remove the sentence ``Pipe that is to be 
used for potable water must bear the appropriate certification mark of 
a nationally recognized, ANSI-accredited third-party certification 
laboratory.''.

PART 76--FIRE PROTECTION EQUIPMENT

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

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3, 
paragraph (II)(92).

0
20. In Sec.  76.50-10, in the table in paragraph (b), revise the first 
entry under ``Safety Area'', Note 4 to Table 76.50-10(a), and Note 7 to 
Table 76.50-10(a) to read as follows:


Sec.  76.50-10  Location.

* * * * *

[[Page 33046]]



     Table 76.50-10(a)--Carriage of Portable and Semi-Portable Fire
                              Extinguishers
------------------------------------------------------------------------
                                          Fire extinguishing
                             -------------------------------------------
            Space               Minimum  required       Quantity and
                                     rating               location
------------------------------------------------------------------------
                             Safety Area \1\
------------------------------------------------------------------------
Wheelhouse or fire control    2-A, 20-B:C.........  1 of each rating
 room.                                               required for
                                                     vessels over 1,000
                                                     GT. Only 1
                                                     extinguisher is
                                                     required if it
                                                     carries both 2-A
                                                     and 20-B:C ratings.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    \4\ Vessels of less than 1,000 GT and not on an international 
voyage may substitute one 120-B for one 160-B.
* * * * *
    \7\ Two 10-B units may be substituted for one 40-B unit.
* * * * *

PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

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

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3, 
paragraph (II)(92).


Sec.  77.35-5  [Amended]

0
22. In Sec.  77.35-5 (b), remove the text ``the Mine Safety and Health 
Administration (MSHA) and''.


Sec.  77.40-1  [Amended]

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

PART 95--FIRE PROTECTION EQUIPMENT

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

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3, 
paragraph (II)(92).


Sec.  95.50-10  [Amended]

0
25. In Sec.  95.50-10, at Note 4 to Table 95.50-10(a), remove the text 
``160-B.'' and add, in its place, the text ``120-B.''

PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

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

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3, 
paragraph (II)(92).


Sec.  96.35-5  [Amended]

0
27. In Sec.  96.35-5(b), remove the text ``the Mine Safety and Health 
Administration (MSHA) and by''.


Sec.  96.40-1  [Amended]

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

PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS

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

    Authority:  6 U.S.C. 468(b); 33 U.S.C. 1321(j); 46 U.S.C. 2103, 
3306, 3703, 4502; E.O. 12777, sec. 2(d)(2) and (f), 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; DHS Delegation No. 00170.1, Revision No. 
01.3, paragraphs (II)(73), (80), (92).

0
30. Revise Sec.  105.14(a) to read as follows:


Sec.  105.14  Fire Extinguishing Equipment.

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

PART 107--INSPECTION AND CERTIFICATION

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

    Authority:  43 U.S.C. 1333; 46 U.S.C. 3306, 3307, 3316; DHS 
Delegation No. 00170.1, Revision No. 01.3, paragraph (II)(90), (92); 
Sec.  107.05 also issued under the authority of 44 U.S.C. 3507.

Sec.  107.235  [Amended]

0
32. In Sec.  107.235(b)(4), remove the word, ``liquid'' and add, in its 
place, the word, ``concentrate'', and, after the text, 
``representative'', add the text ``, or an independent laboratory 
accepted for the purpose by the Coast Guard''.

PART 108--DESIGN AND EQUIPMENT

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

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; DHS Delegation 
No. 00170.1, Revision No. 01.3, paragraph (II)(90), (92).

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


Sec.  108.103  Equipment not required on a unit.

    (a) Each item of lifesaving and firefighting equipment carried on 
board the unit in addition to equipment of the type required under this 
subchapter, must--
    (1) Be approved; or
    (2) Be acceptable to the cognizant OCMI, for use on the unit.
    (b) Use of non-approved fire detection systems may be acceptable as 
excess equipment, provided that--
    (1) Components are listed and labeled by an independent, nationally 
recognized testing laboratory as set forth in 29 CFR 1910.7, and are 
designed, installed, tested, and maintained in accordance with an 
appropriate industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR chapter I, 
subchapter J (Electrical Engineering), including the hazardous location 
electrical installation regulations in 46 CFR 111.105; and
    (3) Coast Guard plan review is completed for wiring plans.
0
35. Revise Sec.  108.489(a)(3) to read as follows:


Sec.  108.489  Helicopter fueling facilities.

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

[[Page 33047]]

designations may be used to meet this requirement.
* * * * *
0
36. In Sec.  108.495, in the table, revise the fourth entry under 
``Service Spaces'' and the first entry under ``Auxiliary Spaces'' to 
read as follows:

                             Table 108.495--Carriage of Portable Fire Extinguishers
----------------------------------------------------------------------------------------------------------------
                  Space                          Minimum required rating              Quantity and location
----------------------------------------------------------------------------------------------------------------
                                                  Safety Areas
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 Accommodations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 Service Spaces
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
 
                                                  * * * * * * *
 
                                                  * * * * * * *
Workshop and similar spaces..............  20-B:C.............................  1 outside each space in the
                                                                                 vicinity of the exit.
----------------------------------------------------------------------------------------------------------------
                                                Machinery Spaces
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                Auxiliary Spaces
----------------------------------------------------------------------------------------------------------------
Internal combustion engines or gas         40-B...............................  1 outside the space containing
 turbine.                                                                        engines or turbines in the
                                                                                 vicinity of the exit.
 
                                                  * * * * * * *
 
                                                  * * * * * * *
 
                                                  * * * * * * *
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                               Miscellaneous Areas
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                   Spare Units
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  108.497  [Amended]

0
37. In Sec.  108.497(a), remove the text, ``the Mine Safety and Health 
Administration (MSHA) and by''.


Sec.  108.570  [Amended]

0
38. In Sec.  108.570(c)(3), remove the word ``must'' and add, in its 
place, the word ``may''.


Sec.  108.719  [Amended]

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

PART 109--OPERATIONS

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

    Authority:  43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104; DHS 
Delegation 00170.1, Revision No. 01.3, paragraph (II)(90), (92).

0
41. Revise Sec.  109.301(j) to read as follows:


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

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

PART 115--INSPECTION AND CERTIFICATION

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

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975

[[Page 33048]]

Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.3, paragraph 
(II)(73), (92).


Sec.  115.810   [Amended]

0
43. In Sec.  115.810(b)(1), remove the text, ``Chapter 4 of''.

PART 116--CONSTRUCTION AND ARRANGEMENT

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

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277, DHS Delegation 00170.1, Revision No. 01.3, 
paragraph (II)(92).

0
45. Revise Sec.  116.400(c) to read as follows:


Sec.  116.400   Application

* * * * *
    (c) Vessels meeting the structural fire protection requirements of 
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11 (incorporated by 
reference, see Sec.  114.600), when combined with the requirements in 
Sec.  72.05-20 of subchapter H of this chapter, may be considered 
equivalent to the provisions of this subpart.
* * * * *
0
46. Revise Sec.  116.405(f) to read as follows:


Sec.  116.405  General arrangement and outfitting.

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

PART 118--FIRE PROTECTION EQUIPMENT

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

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.3, 
paragraph (II)(92).


Sec.  118.500   [Amended]

0
48. Amend Sec.  118.500 by:
0
a. In paragraph (c), removing the text ``10'' and adding, in its place, 
the text ``5''; and
0
b. In paragraph (d), removing the text ``(c)'' and adding, in its 
place, the text ``(b)''.

PART 132--FIRE PROTECTION EQUIPMENT

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

    Authority:  46 U.S.C. 3306, 3307; sec. 617, Pub. L. 111-281, 124 
Stat. 2905; DHS Delegation 00170.1, Revision No. 01.3, paragraph 
(II)(92).


Sec.  132.365   [Amended]

0
50. In paragraph (b)(1), remove the text ``the Mine Safety and Health 
Administration and by''.

PART 147--HAZARDOUS SHIPS STORES

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

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.3, paragraph 
(II)(92).

0
52. Revise Sec.  147.66(a) and (c) to read as follows:


Sec.  147.66   Inert gas fire extinguishing systems.

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

PART 159--APPROVAL OF EQUIPMENT AND MATERIALS

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

    Authority:  46 U.S.C. 3306, 3703; DHS Delegation 00170.1, 
Revision No. 01.3, paragraph (II)(92); Section 159.001-9 also issued 
under the authority of 44 U.S.C. 3507.

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


Sec.  159.001-5   Correspondence and applications.

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

PART 160--LIFESAVING EQUIPMENT

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

    Authority:  46 U.S.C. 2103, 3306, 3703,4302; E.O. 12234; 45 FR 
58801; 3 CFR, 1980 Comp., p. 277; and DHS Delegation 00170.1, 
Revision No. 01.3, paragraph (II)(92).

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


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

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


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

0
57. In Sec. Sec.  160.115-9(b), 160.115-13(g)(2), 160.132-9(b), 
160.132-13(g)(2), and 160.133-9(b), remove all instances of the words, 
``in triplicate''.


Sec.  160.133-13  [Amended]

0
58. In Sec.  160.133-13(g)(2), remove the text, ``, in triplicate''.
0
59. Add Sec.  160.135-5(d)(7) to read as follows:


Sec.  160.135-5   Incorporation by reference.

* * * * *
    (d) * * *
    (7) MSC/Circular 1006, Guidelines On Fire Test Procedures For 
Acceptance Of Fire-Retardant Materials For The Construction Of 
Lifeboats, (June 18, 2001), IBR approved for Sec.  160.135-7(b) (``IMO 
MSC Circ. 1006'').
* * * * *


Sec.  160.135-7   [Amended]

0
60. In Sec.  160.135-7(b)(3)(iv)(A), remove the text, ``and accepted by 
the Commandant in accordance with 46 CFR part 164, subpart 164.120'' 
and add, in its place, the text, ``according to IMO MSC Circ. 1006 
(incorporated by reference, see Sec.  160.135-5)''.

[[Page 33049]]

Sec.  160.135-9  [Amended]

0
61. In Sec.  160.135-9(b), remove the words ``in triplicate''.


Sec.  160.135-13  [Amended]

0
62. In Sec.  160.135-13(g)(2), remove the text ``, in triplicate''.
0
63. Add Sec.  160.156-5(d)(7) to read as follows:


Sec.  160.156-5   Incorporation by reference.

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


Sec.  160.156-7   [Amended]

0
64. In Sec.  160.156-7(b)(3)(iv)(A), remove the text, ``and accepted by 
the Commandant in accordance with 46 CFR part 164, subpart 164.120'', 
and add, in its place, the text, ``according to IMO MSC Circ. 1006 
(incorporated by reference, see Sec.  160.156-7).''.


Sec.  160.156-9  [Amended]

0
65. In Sec.  160.156-9(b), remove the words, ``in triplicate''.


Sec.  160.156-13   [Amended]

0
66. In Sec.  160.156-13(g)(2), remove the text, ``, in triplicate''.


Sec.  160.170-9   [Amended]

0
67. In Sec.  160.170-9(b), remove words, ``in triplicate''.


Sec.  160.170-13   [Amended]

0
68. In Sec.  160.170-13(g)(2), remove text, ``, in triplicate,''.
0
69. Revise Sec.  160.171-3 to read as follows:


Sec.  160.171-3   Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations.html or email: [email protected]. The material may be 
obtained from the sources in the following paragraphs of this section.
    (b) ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box 
C700, West Conshohocken, PA 19428-2959; phone: +1 610 832 9500; email: 
[email protected]; web: https://www.astm.org.
    (1) ASTM B117-97, Standard Practice for Operating Salt Spray (Fog) 
Apparatus (``ASTM B117''); Sec.  160.171-17(k).
    (2) ASTM C177-85 (1993), Standard Test Method for Steady-State Heat 
Flux Measurements and Thermal Transmission Properties by Means of the 
Guarded-Hot-Plate Apparatus (``ASTM C177''); Sec.  160.171-17(e).
    (3) ASTM C518-91, Standard Test Method for Steady-State Heat Flux 
Measurements and Thermal Transmission Properties by Means of the Heat 
Flow Meter Apparatus (``ASTM C518''); Sec.  160.171-17(e).
    (4) ASTM D975-14, Standard Specification for Diesel Fuel Oils 
(``ASTM D975''); Sec.  160.171-17(p).
    (5) ASTM D1004-94a, Standard Test Method for Initial Tear 
Resistance of Plastic Film and Sheeting (``ASTM D1004''); Sec.  
160.171-17(n).
    (c) General Services Administration (GSA). email: 
[email protected]; web: https://fedspecs.gsa.gov/s/federal-specifications.
    (1) Federal Test Method Standard No. 191 dated July 20, 1978, 
Method 5304.1, Abrasion Resistance of Cloth, Oscillatory Cylinder 
(Wyzenbeek) Method, dated July 9, 1971 (``Federal Test Method Standard 
191, Method 5304.1''); Sec.  160.171-17(o).
    (2) Federal Standard No. 751a, Stitches, Seams, and Stitchings, 
dated January 25, 1965 (``Federal Standard No. 751''); Sec.  160.171-
9(c).
    (d) National Institution of Standards and Technology (NIST) 
(formerly National Bureau of Standards). U.S. Department of Commerce, 
National Institution of Standards and Technology, 100 Bureau Drive, 
Gaithersburg, MD 20899; phone: (301) 975-2000; web: https://www.nist.gov.
    (1) National Bureau of Standards Special Publication 440--Color, 
Universal Language and Dictionary of Names; December 1976 (https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf) 
(``National Bureau of Standards Publication 440''); Sec.  160.171-9(h).
    (2) [Reserved]
    (e) Underwriters Laboratories (UL). 1850 M. St. NW, Suite 1000, 
Washington, DC, District of Columbia, 20036-5833; phone: (202) 
296.7840; fax: (202) 872.1576; web: https://www.ul.com.
    (1) UL 1191, First Edition (Standard for Components for Personal 
Flotation Devices), as revised March 29, 1977; Sec.  160.171-17(h).
    (2) [Reserved]
0
70. Revise Sec.  160.174-3 to read as follows:


Sec.  160.174-3  Incorporation by reference.

    Certain material is incorporated by reference into this subpart 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the sources in the following paragraphs of this 
section. Error! Hyperlink reference not valid.
    (a) ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box 
C700, West Conshohocken, PA 19428-2959; phone: +1 610 832 9500; email: 
[email protected]; web: https://www.astm.org.
    (1) ASTM C177-85 (1993), Standard Test Method for Steady-State Heat 
Flux Measurements and Thermal Transmission Properties by Means of the 
Guarded-Hot-Plate Apparatus (``ASTM C 177''); Sec.  160.174-17(f) and 
(g).
    (2) ASTM C518-91, Standard Test Method for Steady-State Heat Flux 
Measurements and Thermal Transmission Properties by Means of the Heat 
Flow Meter Apparatus (``ASTM C 518''); Sec.  160.174-17(f) and (g).
    (3) ASTM D975-14, Standard Specification for Diesel Fuel Oils 
(``ASTM D 975''); Sec.  160.174-17(g).
    (4) ASTM D1004-94a, Standard Test Method for Initial Tear 
Resistance of Plastic Film and Sheeting (``ASTM D 1004''); Sec.  
160.171-47(i).
    (5) ASTM D1518-85 (1990), Standard Test Method for Thermal 
Transmittance of Textile Materials (``ASTM D 1518''); 160.174-17(f).
    (b) General Services Administration (GSA). email: 
[email protected]; web: https://fedspecs.gsa.gov/s/federal-specifications.
    (1) Federal Standard No. 751a, Stitches, Seams, and Stitchings, 
dated

[[Page 33050]]

January 25, 1965 (``Federal Standard No. 751''); Sec.  160.174-9(b).
    (2) [Reserved]
    (c) National Institution of Standards and Technology (NIST) 
(formerly National Bureau of Standards). U.S. Department of Commerce, 
National Institution of Standards and Technology, 100 Bureau Drive, 
Gaithersburg, MD 20899; phone: (301) 975-2000; web: https://www.nist.gov.
    (1) National Bureau of Standards Special Publication 440--Color, 
Universal Language and Dictionary of Names (``National Bureau of 
Standards Publication 440''); December 1976 (https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf); Sec.  160.174-9(f).
    (2) [Reserved]

PART 161--Electrical Equipment.

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

    Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 
01.3, paragraph (II)(92).

PART 161--ELECTRICAL EQUIPMENT

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


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

    (a) The manufacturer must submit the following material to the 
Commandant (CG-ENG), according to Sec.  159.001-5:
    (1) A formal written request that the system be reviewed for 
approval.
    (2) The system's instruction manual, including information 
concerning installation, maintenance, limitations, programming, 
operation, and troubleshooting.
    (3) Proof of listing the system devices meeting the requirements of 
Sec.  161.002-6(a).
    (4) The complete test report(s) meeting the requirements of Sec.  
161.002-6 generated by an independent laboratory accepted by the 
Commandant under part 159 of this chapter or an NRTL as set forth in 29 
CFR 1910.7. A current list of Coast Guard-accepted laboratories may be 
obtained from the following website: https://cgmix.uscg.mil/eqlabs/.
    (5) A list prepared by the manufacturer that contains the name, 
model number, and function of each major component and accessory, such 
as the main control cabinet, remote annunciator cabinet, detector, zone 
card, isolator, central processing unit, zener barrier, special purpose 
module, or power supply. This list must be identified by the following 
information assigned by the manufacturer:
    (i) A document number;
    (ii) A revision number (the original submission being revision 
number 0); and
    (iii) The date that the manufacturer created or revised the list.
* * * * *
0
73. Revise the section heading to Sec.  161.002-19 and paragraphs (a) 
and (b) to read as follows:


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

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


Sec.  161.011-1   [Amended]

0
74. In Sec.  161.011-1, remove the word ``approval'' and add, in its 
place, the word ``acceptance''.
0
75. Revise Sec.  161.011-5 to read as follows:


Sec.  161.011-5   Types.

    EPIRBs are typed as follows:
    (a) Category 1--EPIRBs are capable of floating free of a vessel and 
activating automatically if the vessel sinks.
    (b) Category 2--EPIRBs are manually removed from the mounting 
bracket and activated.
0
76. Revise Sec.  161.011-10 to read as follows.


Sec.  161.011-10  EPIRB acceptance.

    (a) The Coast Guard reviews test reports from an accepted 
independent laboratory for EPIRBs accepted in Sec.  161.011-5 of this 
subpart.
    (b) An application for acceptance or type acceptance of an EPIRB 
should be submitted to the Coast Guard before the FCC in accordance 
with title 47 of the Code of Federal Regulations (CFR), part 1061. When 
requested by the FCC, the Coast Guard reviews the test results in the 
application that concern installation and operation of the EPIRB. The 
Coast Guard provides the results of the review to the manufacturer, and 
to the FCC for its use in acting upon the application.
0
77. Amend Sec.  161.012-5 by:
0
a. Revising paragraph (a); and
0
b. In paragraph (b), removing the words ``Two copies of plans'' and 
adding, in their place, the word ``Plans''.
    The revision reads as follows:


Sec.  161.012-5   Approval procedures.

    (a) An application for approval of a PFD light under this subpart 
must be submitted to the Commandant (CG-ENG) according to Sec.  
159.001-5.
* * * * *
0
78. Revise 161.013-11(c)(1) to read as follows:


Sec.  161.013-11   Prototype test.

* * * * *
    (c) * * *
    (1) Forward the test results within 30 days to the Commandant (CG-
ENG) according to Sec.  159.005-1; and
* * * * *
0
79. Revise Sec.  161.013-17 to read as follows:


Sec.  161.013-17   Manufacturer notification.

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

PART 162--ENGINEERING EQUIPMENT

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

    Authority:  33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104, 
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation 
00170.1, Revision No. 01.3, paragraph (II)(73), (92).

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

[[Page 33051]]

Sec.  162.017-0  Preemptive effect.

    The regulations in this part have preemptive effect over State or 
local regulations in the same field.
0
82. Revise Sec.  162.017-1 to read as follows:


Sec.  162.017-1  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Coast Guard 
and at the National Archives and Records Administration (NARA). Contact 
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For 
information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the source(s) 
in the following paragraph(s) of this section.
    (b) International Organization for Standardization (ISO), ISO 
Central Secretariat Chemin de Blandonnet 8. CP 401--1214 Vernier, 
Geneva, Switzerland, telephone 41 22 749 01 11, https://www.iso.org/contact-iso.html.
    (1) ISO 15364:2021(E), Ships and Marine Technology--Pressure-vacuum 
valves for cargo tanks and devices to prevent the passage of flame into 
cargo tanks, Fourth Edition (February 2021) (``ISO 15364''), IBR 
approved for Sec.  162.017-3(r).
    (2) [Reserved]


Sec.  162.017-2   [Amended]

0
83. In Sec.  162.017-2, remove the word, ``inflammable'', and add, it 
its place, the word, ``flammable''.
0
84. Revise Sec.  162.017-3(g), (n) and (r) to read as follows:


Sec.  162.017-3  Materials, construction, and workmanship.

* * * * *
    (g) The design and construction of the valves must permit 
maintenance without removal from the line.
* * * * *
    (n) Double flame screens of 20 x 20 corrosion-resistant wire mesh 
with a \1/2\-inch corrosion-resistant separator, or a single screen of 
30 x 30 corrosion-resistant wire mesh, shall be fitted on all openings 
to atmosphere. The net free area through the flame screens shall not be 
less than 1\1/2\ times the cross-sectional area of the vent inlet from 
the cargo tanks.
* * * * *
    (r) Pressure-vacuum relief valves constructed in accordance with 
ISO 15364 (incorporated by reference; see Sec.  162.017-1) meet the 
requirements of this subpart, and are eligible to receive approval by 
submitting an application in accordance with Sec.  162.017-6.
0
85. Amend Sec.  162.017-6 by:
0
a. Revising paragraph (a);
0
b. In paragraph (b), removing the words ``in quadruplicate''; and
0
c. In paragraph (c), removing the text ``, by the Underwriters' 
Laboratories, the Factory Mutual Laboratories, or''.
    The revision reads as follows.


Sec.  162.017-6   Procedure for approval.

    (a) Applications for approval must be submitted to the Commanding 
Officer, U.S. Coast Guard Marine Safety Center. Applications may be 
submitted electronically, by mail or in-person. Mail or in-person 
submissions may be delivered to U.S. Coast Guard Stop 7430, 2703 Martin 
Luther King Jr. Avenue SE, Washington, DC 20593-7430. Information for 
submitting applications electronically can be found at https://www.uscg.mil/HQ/MSC.
* * * * *
0
86. Revise Sec.  162.050-15(a) to read as follows:


Sec.  162.050-15   Designation of facilities.

    (a) Each request for designation as a facility authorized to 
perform approval tests must be submitted to the Commandant (CG-ENG) 
according to Sec.  159.005-1.
* * * * *
0
87. Revise Sec.  162.060-40(b) to read as follows:


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

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

PART 163--CONSTRUCTION

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

    Authority:  46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 
01.3, paragraph (II)(92).

Subpart 163.002 [Removed and Reserved]

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

PART 164--MATERIALS

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

    Authority:  46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 
01.3, paragraph (II)(92).

0
91. Revise Sec.  164.009-9(a) to read as follows:


Sec.  164.009-9   Procedure for approval.

    (a) An application for approval of a material under this subpart 
must be submitted to the Commandant (CG-ENG) according to Sec.  
159.005-1.
* * * * *
0
92. Amend Sec.  164.018-7 by:
0
a. Revise paragraph (a); and
0
b. In paragraph (b)(2), removing the words, ``Two copies of plans'' and 
adding, in their place, the word ``Plans''.
    The revision reads as follows:


Sec.  164.018-7  Approval procedures.

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


Sec.  164.106-3   [Amended]

0
93. In Sec.  164.106-3(a), remove the text ``Part 6'' and add, in its 
place, the text ``Part 5''.

Subpart 164.120 [Removed]

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


Sec.  164.137-2   [Amended]

0
95. In Sec.  164.137-2, remove and reserve paragraph (b)(2).
0
96. Revise Sec.  164.137-3(a) to read as follows:


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

    (a) Windows submitted for type approval must be tested for fire 
resistance under Annex 1, Part 3 of the FTP Code (incorporated by 
reference, see Sec.  164.137-2). Windows must also meet the thermal 
radiation test supplement to fire resistance, and hose stream test 
supplement, as outlined in Appendix 1 of Part 3 of the FTP Code.
* * * * *
0
97. Amend 164.138-2 by:
0
a. Revising paragraph (a); and
0
b. Removing and reserving paragraph (b)(2).

[[Page 33052]]

    The revision reads as follows:


Sec.  164.138-2  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. All approved incorporation by 
reference (IBR) material is available for inspection at the Coast Guard 
and at the National Archives and Records Administration (NARA). Contact 
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For 
information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the sources 
in the following paragraphs of this section.
* * * * *
0
98. Revise Sec.  164.138-3(a) to read as follows:


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

    (a) Fire stops (penetration seals) submitted for type approval must 
be tested for fire resistance under Annex 1, Part 3 of the FTP Code 
(incorporated by reference, see Sec.  164.138-2), including testing in 
accordance with Part 3, Appendix 3 and Appendix 4.
* * * * *
0
99. Amend 164.139-2 by:
0
a. Revising paragraph (a); and
0
b. Removing and reserving paragraph (b)(2).
    The revision reads as follows:


Sec.  164.139-2  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. All approved incorporation by 
reference (IBR) material is available for inspection at the Coast Guard 
and at the National Archives and Records Administration (NARA). Contact 
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email 
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For 
information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the sources 
in the following paragraphs of this section.
* * * * *
0
100. Revise Sec.  164.139-3(a) to read as follows:


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

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

PART 167--PUBLIC NAUTICAL SCHOOL SHIPS

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

    Authority:  46 U.S.C. 3306, 3307, 6101, 8105; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision 
No. 01.3, paragraph (II)(92).

0
102. Revise Sec.  167.45-40 introductory text, and paragraphs (a), (d), 
(e), and (f) to read as follows:


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

    Steam-propelled nautical school ships burning oil for fuel shall be 
fitted with the fire-fighting equipment of the following type and 
quantity:
    (a) In each boiler room and in each of the machinery spaces of a 
nautical school ship propelled by steam, in which a part of the fuel-
oil installation is situated, two or more approved 40-B fire 
extinguishers must be placed where accessible and ready for immediate 
use. On a nautical school ship of 1,000 gross tons and under, only one 
is required.
* * * * *
    (d) On every steam propelled nautical school ship of over 1,000 
gross tons having one boiler room there shall be provided one 160-B 
fire extinguisher. If the nautical school ship has more than one boiler 
room, an extinguisher of the above type shall be provided in each 
boiler room. On every steam-propelled nautical school ship of 1,000 
gross tons and under, a 120-B fire extinguisher may be used. 
Extinguishers fitted shall be equipped with suitable hose and nozzles 
on reels or other practicable means for easy access, and of sufficient 
length to reach any part of the boiler room and spaces containing oil-
fuel pumping units.
    (e) All nautical school ships propelled by internal-combustion 
engines shall be equipped with the following fire extinguishers in the 
machinery spaces:
    (1) One 120-B fire extinguisher.
    (2) One 40-B extinguisher for each 1,000 BHP of the main engines, 
or fraction thereof. The total number of fire extinguishers carried 
shall not be less than two and not more than six.
    (3) When a donkey boiler fitted to burn oil as fuel is located in 
the machinery space, there shall be a 160-B fire extinguisher installed 
instead of the 120-B fire extinguisher.
    (f) In this section, any reference to a fire extinguisher means 
approved by the Coast Guard.


Sec.  167.45-60  [Amended]

0
103. In Sec.  167.45-60(a), remove the text ``the Mine Safety and 
Health Administration (MSHA) and by''.
0
104. Revise Sec.  167.45-65 to read as follows:


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

    All nautical school ships shall be provided with such number of 
good and efficient portable fire extinguishers approved by the Coast 
Guard as follows:
    (a) Nautical school ships less than 150 feet in length shall have 
at least two 2-A fire extinguishers on each passenger deck.
    (b) Nautical school ships 150 feet and over in length shall be 
provided with at least one 2-A fire extinguisher for every 150 linear 
feet of corridor length or fraction thereof in the spaces occupied by 
passengers and crew.
    (c) In all public spaces fire extinguishers shall be located not 
more than 150 feet apart.
0
105. Amend Sec.  167.45-70 by:
0
a. Removing paragraphs (a), (b), and (c);
0
b. Redesignating paragraphs (d) and (e) as paragraphs (a) and (b), 
respectively;
0
c. In new paragraph (b), removing the words ``in still'' and adding, in 
their place, the words ``it is still in''; removing the words ``it the 
cartridge'' and adding, in their place, the words ``if the cartridge''; 
and removing the word ``gage'' and adding, in its place, the word 
``gauge''; and
0
d. Adding paragraph (c) to read as follows:


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

* * * * *
    (c) In addition to the required extinguishers in this part, each 
vessel shall carry no less than 10 percent spare extinguishers or 
charges for each size and variety of fire extinguisher, with a minimum 
of one for each size and variety of extinguisher.
0
106. Add Sec.  167.45-71 to read as follows:

[[Page 33053]]

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

    Vessels contracted for before August 22, 2016, must meet the 
following requirements:
    (a) Previously installed portable and semi-portable fire 
extinguishers with extinguishing capacities smaller than what is 
required in part 167 need not be replaced and may be continued in 
service so long as they are maintained in good condition to the 
satisfaction of the Officer in Charge, Marine Inspection.
    (b) All new equipment and installations must meet the applicable 
requirements in this part for new vessels.


Sec.  167.45-75  [Amended]

0
107. In Sec.  167.45-75, after the words ``approved by the Coast 
Guard'', remove the words ``or the Navy''.

PART 169--SAILING SCHOOL VESSELS

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

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L. 
103-206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 793; DHS Delegation 00170.1, Revision No. 01.3, paragraph 
(II)(73), (92); Sec.  169.117 also issued under the authority of 44 
U.S.C. 3507.

0
109. In Sec.  169.567, in the table in paragraph (a), revise the last 
entry to read as follows:

                             Table 169.567(a)--Required Portable Fire Extinguishers
----------------------------------------------------------------------------------------------------------------
                                                                Portable fire extinguishers
                  Space                   ----------------------------------------------------------------------
                                                 Minimum required rating              Quantity and location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
 
                                                  * * * * * * *
 
                                                  * * * * * * *
 
                                                  * * * * * * *
 
                                                  * * * * * * *
                                           40-B:C.............................  10 percent of the required
                                                                                 number, rounded up.
----------------------------------------------------------------------------------------------------------------

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


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

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


Sec.  169.717  [Amended]

0
111. InSec.  169.717(a)(1), remove the text ``the Mine Safety Health 
Administration (MSHA) and by'' and remove the text ``by MSHA and 
NIOSH''.

PART 181--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

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

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.3, 
paragraph (II)(92).

0
113. In Sec.  181.500, in the table in paragraph (b), revise the fourth 
entry to read as follows:

                             Table 181.500(b)--Required Portable Fire Extinguishers
----------------------------------------------------------------------------------------------------------------
                                                                Portable fire extinguishers
                  Space                   ----------------------------------------------------------------------
                                                 Minimum required rating              Quantity and location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
 
                                                  * * * * * * *
 
                                                  * * * * * * *
Accommodation Space......................  2-A................................  1 each for each 2,500 square
                                                                                 feet (232.3 square meters) or
                                                                                 fraction thereof.
 
                                                  * * * * * * *
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 33054]]

PART 195--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS

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

    Authority: 46 U.S.C. 2113, 3306, 3307; 49 U.S.C. App. 1804; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation 
00170.1, Revision No. 01.3, paragraph (II)(92).


Sec.  195.40-1  [Amended]

0
115. In Sec.  195.40-1 remove paragraph (h).

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

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

    Authority:  46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; DHS Delegation 00170.1, Revision No. 01.3, paragraph (II)(92).

0
117. Revise Sec.  199.190(j) to read as follows:


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

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

    Dated: April 14, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2023-08400 Filed 5-22-23; 8:45 am]
BILLING CODE 9110-04-P


