# Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2013-29863

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** January 13, 2014
- **Citation:** 79 FR 2254

## Text

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 140, 145, 148, and 149
46 CFR Parts 25, 27, 28, 30, 31, 32, 34, 50, 56, 70, 71, 72, 76, 78, 90, 91, 92, 95, 107, 108, 113, 114, 116, 118, 122, 125, 132, 147, 159, 160, 161, 162, 164, 167, 169, 175, 176, 177, 181, 182, 185, 188, 189, 190, and 193
[Docket No. USCG-2012-0196]
RIN 1625-AB59
Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment

AGENCY:

Coast Guard, DHS.

ACTION:

Notice of proposed rulemaking.

SUMMARY:

The Coast Guard proposes to amend its regulations for certain design and approval standards for fire protection, detection, and extinguishing equipment on inspected and uninspected vessels, outer continental shelf facilities, deepwater ports, and mobile offshore drilling units. The proposed amendments would harmonize Coast Guard regulations with appropriate national and international consensus standards; address advances in fire protection technologies and standards; update Coast Guard approval processes for fire detection and alarm systems; and revise Coast Guard regulations for other types of equipment or components, such as spanner wrenches, non-metallic pipes, and sprinkler systems. These proposed changes are necessary to ensure Coast Guard regulations remain current and address advances in technology.

DATES:

Comments and related material must either be submitted to our online docket via
http://www.regulations.gov
on or before April 14, 2014 or reach the Docket Management Facility by that date.

ADDRESSES:

You may submit comments identified by docket number USCG-2012-0196 using any one of the following methods:

(1)
Federal eRulemaking Portal: http://www.regulations.gov.

(2)
Fax:
(202) 493-2251.

(3)
Mail:
Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

(4)
Hand delivery:
Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 366-9329.

To avoid duplication, please use only one of these four methods.
See
the “Public Participation and Request for Comments” portion of the
SUPPLEMENTARY INFORMATION
section below for instructions on submitting comments.

Viewing incorporation by reference material:
You may inspect the material proposed for incorporation by reference at Room 5S 18-07, U.S. Coast Guard Headquarters, Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509 between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 372-1392. Copies of the material are available as indicated in the “Incorporation by Reference” section of this preamble.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this proposed rule, call or email LCDR John Miller, Office of Design and Engineering Standards, Lifesaving and Fire Safety Division (CG-ENG-4), Coast Guard; (202) 372-1372,
TypeApproval@uscg.mil.
If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments

A. Submitting Comments

B. Viewing Comments and Documents

C. Privacy Act

D. Public Meeting

II. Abbreviations

III. Executive Summary

A. Purpose of the Regulatory Action

B. Summary of the Major Provisions of the Proposed Regulatory Action

IV. Background and Purpose

A. Equipment-Specific Revisions

B. Harmonize Coast Guard Regulations With National and International Consensus Standards

V. Discussion of Proposed Rule

A. Fire Alarm and Detection Systems

B. Fire Extinguishers

C. Other Fire Protection Equipment Requirements

D. Updates to Approval Process and Guidance for Equipment and Materials

E. Administrative Changes

F. Preemption of State and Local Law

VI. Incorporation by Reference

VII. Regulatory Analyses

A. Regulatory Planning and Review

B. Small Entities

C. Assistance for Small Entities

D. Collection of Information

E. Federalism

F. Unfunded Mandates Reform Act

G. Taking of Private Property

H. Civil Justice Reform

I. Protection of Children

J. Indian Tribal Governments

K. Energy Effects

L. Technical Standards

M. 2010 Coast Guard Authorization Act Sec. 608 (46 U.S.C. 2118(a))

N. Environment

I. Public Participation and Request for Comments

We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to
http://www.regulations.gov
and will include any personal information you have provided.

A. Submitting Comments

If you submit a comment, please include the docket number for this rulemaking (USCG-2012-0196), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission.

To submit your comment online, go to
http://www.regulations.gov
and follow the instructions on that Web site. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8
1/2
by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope.

We will consider all comments and material received during the comment period and may change this proposed rule based on your comments.

B. Viewing Comments and Documents

To view comments, as well as documents mentioned in this preamble as being available in the docket, go to
http://www.regulations.gov
and follow the instructions on that Web site. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of

Transportation to use the Docket Management Facility.

C. Privacy Act

Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the
Federal Register
(73 FR 3316).

D. Public Meeting

The Coast Guard does not currently plan to hold a public meeting. You may submit a request for one to the docket using one of the methods specified under
ADDRESSES
. In your request, explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the
Federal Register
.

II. Abbreviations

ABS American Bureau of Shipping Rules for Building and Classing Steel Vessels

AHJ Authority Having Jurisdiction

ANSI American National Standards Institution

ASTM ASTM International

BLS Bureau of Labor Statistics

CFR Code of Federal Regulations

COI Collection of Information

CO
2
Carbon Dioxide

COA Certificate of Approval

DHS Department of Homeland Security

EC European Community

EEA European Economic Area

EFTA European Free Trade Association

ENV3 Category ENV3 Tests of Lloyds Register Type Approval System

E.O. Executive Order

FR Federal Register

FSS Code Fire Safety Systems Code

FTP Code Fire Test Procedures Code

GT Gross Ton

IMO International Maritime Organization

IEC International Electrotechnical Commission

ISO International Organization for Standardization

MISLE Marine Information for Safety and Law Enforcement

MODU Mobile Offshore Drilling Unit

MRA Mutual Recognition Agreement

NFPA National Fire Protection Association

NPRM Notice of Proposed Rulemaking

NRTL Nationally Recognized Testing Laboratory

NVIC Navigation and Vessel Inspection Circular

OCS Outer Continental Shelf

OCMI Officer in Charge Marine Inspections

OSHA Occupational Safety and Health Administration

OSV Offshore Supply Vessel

PFM Policy File Memorandum

RA Regulatory Analysis

§ Section Symbol

SOLAS International Convention for the Safety of Life at Sea

UL Underwriters Laboratory

U.S.C. United States Code

III. Executive Summary

A. Purpose of the Regulatory Action

This proposed regulatory action is necessary to update Coast Guard regulations pertaining to certain design and approval standards for fire detection and alarm systems, fire extinguishers, and other fire prevention equipment used on inspected and uninspected vessels, Outer Continental Shelf (OCS) facilities, deepwater ports, and mobile offshore drilling units (MODUs). The proposed updates would harmonize our regulations with national and international industry consensus standards, and incorporate other advances in fire protection technologies and standards.

The basis of this notice of proposed regulatory action is the Secretary of Homeland Security's regulatory authority under the following statutes. Section 1333 of Title 43, United States Code (U.S.C.) mandates the issuance of safety equipment regulations on OCS facilities; 46 U.S.C. 3306 mandates the issuance of firefighting material and equipment regulations for Coast Guard inspected vessels and the issuance of structural fire protection and equipment regulations for small passenger vessels; 46 U.S.C. 3703 mandates firefighting equipment and material regulations for vessels carrying liquid bulk dangerous cargoes; 46 U.S.C. 4102 authorizes marine safety equipment regulations for fire extinguishers, life preservers, engine flame arrestors, engine ventilation, and emergency locating equipment on uninspected vessels, and authorizes regulations, after consultation with the Towing Safety Advisory Committee, for fire protection and suppression measures on towing vessels; 46 U.S.C. 4302 authorizes safety equipment such as firefighting equipment regulations for recreational vessels; and 46 U.S.C. 4502 mandates fire extinguisher regulations for some uninspected commercial fishing vessels and authorizes safety equipment regulations for certain other uninspected commercial fishing vessels. Section 1509 of Title 33, U.S.C., authorizes the Coast Guard to promulgate regulations for safety equipment relating to the promotion of safety of life and property in deepwater ports. The Secretary of Homeland Security has delegated these statutory authorities to the Coast Guard through Delegation No. 0170.1.

Under the statutory authorities listed above, the Coast Guard is authorized to develop and maintain standards for fire protection, detection, and extinguishing equipment on inspected and uninspected vessels, OCS facilities, deepwater ports, and MODUs. The Coast Guard implements these authorities through regulations specified in Table 1. Table 1 lists the subchapters in Titles 33 and 46 of the Code of Federal Regulations (CFR) affected by this proposed regulatory action (collectively referred to as “affected subchapters”), and provides a breakdown of each subchapter by subject matter.

Table 1—Affected Subchapters

CFR title
Subchapter
Parts
Topic

33
N
140-147
Outer Continental Shelf Activities.

33
NN
148-150
Deepwater Ports.

46
C
24-28
Uninspected Vessels.

46
D
30-39
Tank Vessels.

46
F
50-64
Marine Engineering.

46
H
70-89
Passenger Vessels.

46
I
90-105
Cargo and Miscellaneous Vessels.

46
I-A
107-109
Mobile Offshore Drilling Units.

46
J
110-113
Electrical Engineering.

46
K
114-124
Small Passenger Vessels Carrying more than 150 Passengers or with Overnight Accommodations for more than 49 Passengers.

46
L
125-139
Offshore Supply Vessels.

46
N
140-149
Dangerous Cargoes.

46
Q
159-165
Equipment, Construction and Material Specifications and Approval.

46
R
166-169
Nautical Schools.

46
T
175-187
Small Passenger Vessels (Under 100 Gross Tons (GT)).

46
U
188-196
Oceanographic Research Vessels.

B. Summary of the Major Provisions of the Proposed Regulatory Action

The major proposed provisions of this regulatory action harmonize Coast Guard regulations with national and international industry consensus standards and update Coast Guard regulations to incorporate advances in fire protection technology for specific types of fire protection, detection, and extinguishing equipment. Provisions are discussed below and are grouped by equipment type or topic.

Fire detection and alarm systems:

• Provide vessels with the option to meet either the applicable International Convention for the Safety of Life at Sea, 1974 (SOLAS) and the International Maritime Organization (IMO) Fire Safety Systems (FSS) Code requirements, or updated Coast Guard regulations for the design and installation of fire detection and alarm systems. These proposed changes would provide vessel owners and/or operators and designers greater flexibility in fire detection and alarm system design for U.S. domestic vessels.

• Consolidate and update the fire detection and alarm system requirements in 46 CFR subchapter H (passenger vessels). These changes would also affect 46 CFR subchapters C, I, K, and T vessels where the regulations refer to subchapter H for fire detection and alarm system requirements. The consolidation of these requirements would make it easier for industry to locate and meet these requirements. The proposed updates reflect advancements in the fire detection and alarm systems industry, which include development of digital technology and modern seamless electronic technology for the much larger land-based market. The Coast Guard would not require retrofitting of currently installed systems, but would require any modifications to installed systems or new installations to comply with the updated requirements after a 2
1/2
year compliance period.

• Revise Coast Guard approval processes for fire detection and alarm systems by allowing manufacturers of fire detection and alarm systems equipment the option of seeking approval for an entire system or an individual device; making approval processes easier for manufacturers by allowing some approval tests to be completed by an approved third party nationally recognized testing laboratory (NRTL); and requiring the use of the most current and widely used national consensus standards for approval of fire detection and alarm systems, as specified by this rulemaking. These revisions would allow for an easier replacement of individual devices and open the market to small manufacturers or to those dedicated to making components but not producing all components necessary for a complete detection system. They would also provide manufacturers more flexibility and options for choosing a laboratory; and align our regulations with the most up-to-date national consensus standards that are already widely used by the fire detection industry.

Fire extinguishers:

• Replace the Coast Guard's weight-based rating system for fire extinguishers with the Underwriters Laboratory (UL) performance-based rating system. Adopting the national industry standard rating system would streamline the selection, inspection, and approval processes for marine fire extinguishers.

• Revise maintenance requirements for fire extinguishers by adopting National Fire Protection Association (NFPA) 10 “Standard for Portable Fire Extinguishers” (2010 Edition), which requires certified personnel to conduct annual fire extinguishing equipment maintenance. NFPA 10 distinguishes between monthly inspections (a visual check) and annual maintenance (a thorough inspection of materials and components, and associated repairs). Vessel crewmembers could continue to perform monthly inspections, however, a certified person would be required to conduct annual maintenance. This proposed change would align Coast Guard regulations with the current industry practice of having annual maintenance performed by commercial servicing companies.

• Codify use of UL standards for testing and labeling of fire extinguishers. These standards provide detailed, technical requirements for construction, performance, testing, packaging, and marking of the specific type of extinguisher. This proposed change would align Coast Guard regulations with current industry practice.

• Reduce the number of spare portable fire extinguishers required on vessels traveling domestic routes. This change is proposed because of the proposed enhanced maintenance requirements that would result in more reliable spares, as well as making new spares more easily obtainable.

Other fire protection equipment:

• Require small passenger vessels to carry spanner wrenches for fire hydrants that use 1.5-inch diameter hoses. This proposed requirement for small passenger vessels is consistent with spanner wrench carriage requirements for other vessel types, and is necessary to ensure that fire hoses can be replaced and deployed as needed.

Fire protection equipment approvals:

• Add new specification subparts in 46 CFR subchapter Q to address existing and new approval series for fire protection equipment and components required for use on SOLAS ships. The new approval series would codify the standards and procedures currently used by industry to obtain Coast Guard approval for fire protection equipment and components required on SOLAS ships. The new approval series would set forth design, construction, testing, and performance requirements for the affected equipment and components satisfying SOLAS requirements.

• Codify an alternative path to Coast Guard approval through an existing Mutual Recognition Agreement (MRA) to which the U.S. is a party, allowing for Coast Guard approvals of certain fire protection equipment issued by another nation that is party to the MRA. This proposed change would reduce manufacturer costs and burdens associated with duplicative testing and evaluation for multiple national approvals.

IV. Background and Purpose

This rulemaking is part of a continued response to the Presidential Regulatory Reform Initiative of March 4, 1995 entitled “Regulatory Reinvention Initiative,” which called for a review of agency regulations with the goals of: (1) Cutting obsolete regulations; (2) Focusing on results instead of process and punishment; (3) Convening meetings with the regulated community;

and (4) Expanding efforts to promote consensual rulemaking. So far, we have issued four rulemakings in response to the Presidential Regulatory Reform Initiative.

The first rulemaking, “Inspected and Uninspected Commercial Vessels; Removal of Obsolete and Unnecessary Regulations” (60 FR 48044, September 18, 1995), removed or revised requirements for nuclear vessels, ocean incinerator ships, and ocean thermal energy conversion plant ships that the Coast Guard found to be obsolete or unnecessary.

The second rulemaking, “Adoption of Industry Standards” (61 FR 25984, May 23, 1996), made more substantial changes, removing or amending unnecessary provisions and adopting appropriate industry standards and practices in place of Coast Guard-specific requirements for vessels.

The third rulemaking, “Harmonization with International Safety Standards” (62 FR 51188, September 30, 1997), continued the Coast Guard's effort to reform its regulations by removing superfluous and outdated requirements and aligning the regulations more closely with international standards for vessels.

In the fourth rulemaking, “Review and Update of Standards for Marine Equipment” (73 FR 65156, October 31, 2008), the Coast Guard amended its rules relating to standards for marine equipment and updated the incorporation of references to national and international industry consensus standards for inspected commercial vessels in those rules.

With this proposed rulemaking, the Coast Guard is completing this set of responses to the 1995 Presidential Regulatory Reform Initiative by reviewing the existing fire protection, detection, and extinguishing equipment requirements and proposing revisions to ensure Coast Guard regulations are clear, contain additional flexibility through alternative compliance options, and reflect current industry practice, industry consensus standards, and modern technology.

Subsequent to the 1995 Presidential Regulatory Reform Initiative, Executive Order (EO) 12866 (”Regulatory Planning and Review”) was amended by EO 13563 (“Improving Regulation and Regulatory Review”) to 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). EO 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility.

We are also proposing to incorporate voluntary consensus standards instead of Coast Guard specific standards as directed by the Office of Management and Budget, Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.”
See Section VII. L. Technical Standards
for the list of voluntary consensus standards used in this rulemaking.

A. Equipment-Specific Revisions

The Coast Guard fire protection, detection, and extinguishing equipment regulations addressed in this NPRM have not been updated substantially since 1952 and do not reflect the latest industry practices or technologies. In this rulemaking, the Coast Guard proposes specific changes that address advances in fire protection, detection, and extinguishing equipment technologies. The proposed amendments mainly cover two types of equipment: Fire detection and alarm systems, and fire extinguishers. Additionally, the Coast Guard proposes revisions to its fire protection equipment approval processes that would allow manufacturers to obtain Coast Guard approval for equipment that would satisfy the applicable requirements in each of the affected subchapters (See Table 1 for list of affected subchapters). The Coast Guard also proposes some less significant revisions affecting other categories of fire protection equipment, including spanner wrenches, non-metallic piping, and sprinkler systems.

B. Harmonize Coast Guard Regulations With National and International Industry Consensus Standards

The Coast Guard proposes to replace specific fire protection, detection, and extinguishing equipment requirements by incorporation of national and international industry consensus standards, which would align Coast Guard regulations with current industry practices.

1. International Industry Consensus Standards

The Coast Guard proposes to incorporate into the affected subparts international industry consensus standards established by the IMO. International industry consensus standards are established by the Parties, including the United States, to SOLAS, working through the IMO. The United States, using input from multiple public meetings, actively participated in the negotiations that led to the development of these international industry consensus standards for fire protection, detection, and extinguishing equipment (IMO standards). The IMO standards addressed by this rulemaking implement the requirements of Chapter II-2 (fire protection, fire detection, and fire extinguishment) of SOLAS by providing detailed design, testing, installation, and maintenance requirements for fire protection, detection, and extinguishing equipment. The Coast Guard has proposed to incorporate the IMO standards into our regulations to fulfill our obligations under SOLAS, and because they provide best practices and modern design standards developed by the international community. Additionally, these provisions would provide further efficiencies by allowing domestic vendors and vessels to use one market for delivery and acquisition of products.

The Coast Guard also proposes to incorporate into the affected subparts an international industry consensus standard established by the International Electrotechnical Commission (IEC). The IEC is an international organization that develops and publishes consensus-based international standards for electrical, electronic, and related technologies. The Coast Guard proposes to incorporate the IEC standard for electrical components of a detection system, as this IEC standard represents the best industry standard as well as current marine industry practice for the use of these components.

2. National Industry Consensus Standards

The Coast Guard proposes to incorporate into the affected subparts national industry consensus standards by the NFPA, ASTM International (ASTM), and UL that have been approved by the American National Standards Institute (ANSI). ANSI is a private, nonprofit membership organization with members from private and public sector organizations that facilitates the development of national consensus standards. ANSI's work focuses on accrediting the standards development procedures of individual standards organizations to ensure that the standards developed represent a true consensus of private and public interests. These ANSI-accredited national industry consensus standards are developed by technical committees composed of representatives from a cross section of stakeholders affected by these standards. The Coast Guard

participates in the development of these national industry consensus standards through representation in the technical committees.

V. Discussion of Proposed Rule

This proposed rule would make amendments within each of the affected subchapters within Titles 33 and 46 of the CFR for vessels, OCS facilities, deepwater ports, and MODUs. The proposed amendments address fire alarm and detection systems, fire extinguishers, and other fire protection equipment requirements, and would revise approval processes and make other administrative changes to correct errors, provide better organization, and make general clarifying changes. Parts A through E of this section discuss these proposed provisions. The discussion is divided into five major categories: (A) Fire Alarm and Detection Systems, (B) Fire Extinguishers, (C) Other Fire Protection Equipment Requirements, (D) Updates to Approval Process and Guidance for Equipment and Materials, and (E) Administrative Changes. Within these categories, we divide the discussion into sub-categories. Table 2 provides a list of these categories, sub-categories and affected CFR sections. For explanation of the proposed amendments presented in Table 2, see parts A through E of this section.

Table 2—Index of Proposed Changes and CFR Sections Affected

Categories
Sub-categories
Affected CFR sections

A. Fire Alarm and Detection Systems
1. Harmonization with national and international industry consensus standards
46 CFR 76.01-2; § 95.01-2; § 161.002-1.

2. Optional use of detection and alarm system requirements of SOLAS and the FSS Code
46 CFR 76.27-1; § 76.27-70.

3. Consolidation and revision of operation and installation requirements
46 CFR 76.05-1; § 76.05-20; § 76.27-5; § 76.27-10; § 76.27-15; § 76.27-20; § 76.27-25; § 76.27-30; § 76.27-35; § 76.27-70; § 76.27-80.

4. Grandfathering and 2 and
1/2
; year Compliance Period

46 CFR 76.27-80; § 76.30-1; § 76.33-1; § 76.35-1.

5. Sample extraction, smoke detection systems
46 CFR 76.33-20; § 95.05-1; § 95.05-3.

6. Changes to approval processes for detection and alarm systems
46 CFR 161.002-1; § 161.002-2; § 161.002-3; § 161.002-4; § 161.002-6; § 161.002-8; § 161.002-9; § 161.002-10; § 161.002-12; § 161.002-14; § 161.002-15; § 161.002-18; § 161.002-19.

7. Revised requirements using guidance found in Navigation and Vessel Inspection Circular (NVIC) 7-80 for excess detection systems
33 CFR 149.403; § 149.404; 46 CFR 27.203; § 28.155; § 34.01-5; § 76.01-5; § 95.01-5, § 118.120; § 132.340; § 167.45-30; § 181.120; § 193.01-5.

B. Fire Extinguishers
1. Ratings: UL 711 and NFPA 10: 2010
33 CFR 145.05, § 145.10; § 145.15; § 149.405; § 149.409; § 149.410; 46 CFR 25.30-1; § 25.30-20; § 25.30-80; § 27.303; § 27.305; § 28.160; § 34.50-1; § 34.50-5; § 34.50-10; § 34.50-80; § 76.50-1; § 76.50-5; § 76.50-10; § 76.50-20; § 76.50-80; § 95.01-1; § 95.50-1; § 95.50-5; § 95.50-10; § 95.50-20; § 95.50-80; § 108.491; § 108.495; § 108.496; § 118.115; § 118.500; § 132.210; § 132.220; § 132.240; § 132.250; § 162.028-2; § 162.028-3; § 162.039-2; § 162.039-3; § 169.567; § 181.500; § 193.50-5; § 193.50-10; § 193.50-20; § 193.50-80.

2. Maintenance: NFPA 10: 2010
33 CFR 145.01; § 149.408; 46 CFR 25.30-10; § 31.01-2; § 31.10-18; § 71.25-20; § 91.25-7; § 91.25-20; § 107.235; § 169.247; § 176.810; § 188.01-5; § 189.25-20.

3. Testing: UL 8, UL 154, UL 299, UL 626, 2129
46 CFR 162.028-1; § 162.028-3; § 162.028-4; § 162.039-1; § 162.039-3; § 162.039-4.

4. Approval process
46 CFR 162.028-5; § 162.028-7; § 162.039-5; § 162.039-7.

5. Reducing and relocating of spare extinguisher requirements
46 CFR 34.50-10; § 34.50-15; § 76.50-10; § 76.50-15; § 95.50-10; § 95.50-15; § 108.495; § 132.230; § 169.567; § 181.500; § 193.50-15.

C. Other fire protection equipment requirements
1. Spanner wrench carriage requirements for small passenger vessels
46 CFR 118.310; § 181.310.

2. Alternative use of two small fire hoses in place of a single hose
46 CFR 76.10-5; § 76.10-10; § ; § 95.10-5; § 95.10-10 § 193.10-5; § 193.10-10.

3. Limited use of non-marine fire extinguishers
46 CFR 34.50-10.

4. Amended definitions of small passenger (subchapter T) vessels
46 CFR 175.400; § 177.410.

5. Clarification on the use of international standard (SOLAS) in lieu of domestic standards
46 CFR 32.56-1; § 72.05-1; § 92.07-1; § 116.400; § 177.420; § 190.07-1.

6. Use of nonmetallic pipe
46 CFR 56.60-25.

7. Use of nonmetallic pipe on small passenger (subchapter T) vessels
46 CFR 182.720.

8. Sprinkler systems
46 CFR 25.30-15; § 34.01-15; § 34.30-1; § 76.01-2; 76.25-1; § 76.25-5; § 76.25-10; § 76.25-15; § 76.25-20; § 76.25-25; § 76.25-30; § 76.25-35; § 95.01-2; § 95.30-1; § 108.101; § 108.430; § 193.01-3; § 193.30-1.

9. Alternatives for Halon bottle inspection
46 CFR 147.7, § 147.65.

D. Updates to equipment approval process and guidance for equipment and materials
1. Acknowledgement of MRA
46 CFR 159.001-3; § 159.003-1; § 159.003-3; § 159.003-5; § 159.003-7; § 159.003-9.

2. Approval Series
46 CFR 162.027-1; § 162.027-2; § 162.027-3; § 162.027-4; § 162.163-1; § 162.163-2; § 162.163-3; § 162.163-4; § 164.006-6; § 164.007-10; § 164.008-8; § 164.009-26; § 164.012-16; § 164.105-1; § 164.105-2; § 164.105-3; § 164.105-4; § 164.106-1; § 164.106-2; § 164.106-3; § 164.106-4; § 164.107-1; § 164.107-2; § 164.107-3; § 164.107-4; § 164.108-1; § 164.108-2; § 164.108-3; § 164.108-4; § 164.109-1; § 164.109-2; § 164.109-3; § 164.109-4; § 164.110-1; § 164.110-2; § 164.110-3; § 164.110-4; § 164.111-1; § 164.111-2; § 164.111-3; § 164.111-4; § 164.112-1; § 164.112-2; § 164.112-3; § 164.112-4; § 164.117-1; § 164.117-2; § 164.117-3; § 164.117-4; § 164.136-1; § 164.136-2; § 164.136-3; § 164.136-4; § 164.137-1; § 164.137-2; § 164.137-3; § 164.137-4; § 164.138-1; § 164.138-2; § 164.138-3; § 164.138-4; § 164.139-1; § 164.139-2; § 164.139-3; § 164.139-4; § 164.141-1; § 164.141-2; § 164.141-3; § 164.141-4; § 164.142-1; § 164.142-2; § 164.142-3; § 164.142-4; § 164.144-1; § 164.144-2; § 164.144-3; § 164.144-4; § 164.146-1; § 164.146-2; § 164.146-3; § 164.146-4; § 164.201-1; § 164.201-2; § 164.201-3; § 164.201-4; § 164.207-1; § 164.207-2; § 164.207-3; § 164.207-4.

3. FTP Code tests laboratories ISO/IEC 17025 certified
46 CFR 159.010-3.

E. Administrative changes
1. Correcting metric conversions
46 CFR 114.400; § 118.410; § 175.400; § 181.410.

2. Moving regulations from 46 CFR 181.40 to 181.405
46 CFR 181.400; § 181.405.

3. Addition of omitted statutory authority citation
33 CFR part 149.

4. Editorial changes and general clarifying changes
46 CFR 28.325; § 28.830; § 34.01-5; § 34.50-15; § 56.60-25; § 76.05-1; § 76.05-5; § 76.05-10; § 76.05-20; § 76.10-5; § 76.10-10; § 76.27-30; § 76.27-90; § 76.30-1; § 76.30-5; § 76.30-10; § 76.30-15; § 76.30-90; § 76.33-1; § 76.33-5; § 76.33-10; § 76.33-15; § 76.33-20; § 76.33-90; § 76.35-1; § 76.35-5; § 76.35-10; § 76.35-15; § 76.50-20; § 78.47-13; § 92.07-1; § 95.01-5; § 95.05-1; § 95.10-5; § 95.10-10; § 95.30-1; § 108.405; § 113.05-7; § 116-440; § 118.310; § 118.400; § 122.612; § 147.65; § 169.609; § 169.236; § 169.563; § 169.629; § 169.672; § 169.703; § 176.810; § 177.410; § 185.612; § 189.25-20; § 190.07-1; § 193.10-5; § 193.10-10; § 193.50-1; § 193.50-90.

A. Fire Alarm and Detection Systems

In 46 CFR parts 76 (Fire protection equipment in subchapter H), 95 (Fire protection equipment in subchapter I), and 161 (Electrical equipment in subchapter Q), we propose updated requirements for fire alarm and detection systems. We propose harmonizing our operation and installation requirements with current national and international industry consensus standards to provide the regulated community with up-to-date requirements that better match the current state of the detection and alarm industry. Additionally, we propose reorganizing existing requirements and renaming some subparts or sections to better reflect any updates, reorganizations, or the revised or existing content of the sections for clarity and ease of reading.

1. Harmonization With National and International Industry Consensus Standards

We propose to harmonize 46 CFR parts 76, 95, and 161 with the below listed national and international industry consensus standards. We discuss the effects of harmonizing Coast Guard regulations with these standards in the sections A.2 through A.7.

• Consolidated Text of the International Convention for the Safety of Life at Sea, 1974, and its Protocol of 1988: Article, Annexes and Certificates. (Incorporating all Amendments in Effect from July 1, 2009) (“SOLAS”). SOLAS provides requirements for vessel construction, arrangement, and management on international voyages. With respect to fire detection and alarm systems, Chapter II-2, Regulation 7 identifies the general requirements for fire alarm systems on vessels.

• International Code for Fire Safety Systems, 2007 Edition, (“FSS Code”). The FSS Code provides international standards of specific engineering specifications for fire safety systems required by Chapter II-2 of SOLAS, as amended. The FSS Code details requirements for design, installation, and testing of fire protection and detection systems on vessels.

• International Standard IEC 60092-504, Electrical Installations in Ships—Part 504: Special Features—Control and Instrumentation, Third Edition 2001-03 (“IEC 60092-504”). This international standard is intended to ensure safety in the design, selection, installation, maintenance and use of electrical equipment for the generation, storage, distribution, and utilization of electrical energy for all purposes in seagoing ships. This standard deals with electrical, electronic, and programmable equipment intended for control,

monitoring, alarm, and protection systems for use in ships.

• American National Standard for Radiant Energy-Sensing Fire Detectors for Automatic Fire Alarm Signaling, February 2004 (“ANSI FM 3260”). This standard sets operational, durability, and other specific, technical performance requirements for radiant energy-sensing fire detectors used for automatic fire alarm signaling for the protection of occupants, spaces, structures, areas, or objects.

• NFPA 13, Standard for the Installation of Sprinkler Systems, 2010 Edition. This standard covers the design and installation of sprinkler systems.

• NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition. This standard covers the application, installation, location, performance, inspection, testing, and maintenance of fire alarm systems, supervising station alarm systems, public emergency alarm reporting systems, fire warning equipment and emergency communications systems, and their components.

• UL 38, Standard for Manually Activated Signaling Boxes for Fire Alarm Systems, 2008. This standard sets operational, durability, and other specific, technical requirements for manual signaling boxes for fire alarm systems intended for permanent installation and use in ordinary locations.

• UL 268, Standard for Smoke Detectors for Fire Protective Signaling Systems, 2009. This standard sets operational, durability, and other specific, technical requirements for smoke detectors intended to be employed in indoor locations.

• UL 464, Standard for Audible Signaling Appliances, 2009. This standard sets operational, durability, and other specific, technical requirements for electrically and electronically operated bells, buzzers, horns, and similar audible signal appliances, rated 300 volts or less, for general or fire-protective signaling service and intended for indoor or outdoor locations.

• UL 521, Standard for Heat Detectors for Fire Protective Signaling Systems, 1999. This standard sets operational, durability, and other specific, technical requirements for heat detectors for fire protective signaling systems intended to be installed in ordinary indoor and outdoor locations.

• UL 864, Standard for Control Units and Accessories for Fire Alarm Systems, 2003. This standard sets operational, durability, and other specific, technical requirements for discrete electrical control units and accessories for fire alarm systems to be employed in accordance with numerous NFPA Standards. The products covered by this standard are intended to be used in combination with other appliances and devices to form a commercial fire alarm system. These products provide all monitoring, control, and indicating functions of the system.

• UL 1480, Standard for Speakers for Fire Alarm, Emergency, and Commercial and Professional Use, 2003. This standard sets operational, durability, and other specific, technical requirements for speakers for indoor and/or outdoor use in dry, damp, wet, or underwater locations and are intended for fire alarm systems in accordance with the National Fire Alarm Code, NFPA 72, providing emergency voice/alarm occupant notification.

• UL 1971, Standard for Signaling Devices for the Hearing Impaired, 2002. This standard sets operational, durability, and other specific requirements for emergency-signaling devices for the hearing impaired. These devices should also be used in accordance with the requirements of the National Fire Alarm Code, NFPA 72. A signaling device, as covered by these requirements, consists of a unit assembly of electrical parts having provision for the connection of power supply circuits routed through the equipment by a prescribed scheme of circuiting.

2. Optional Use of Detection and Alarm System Requirements of SOLAS and the FSS Code

In 46 CFR subpart 76.27 (Fire Detection and Alarm System, Details), we propose to allow non-SOLAS vessels to meet either the appropriate provisions of SOLAS and the FSS Code, or existing Coast Guard regulations for the design and installation of fire detection and alarm systems. Specifically, proposed § 76.27-1(b) states that the design, manufacture, installation, and operation of fire detection and alarms systems must be in accordance with either SOLAS Chapter II-2, Regulation 7 and the FSS Code Chapter 9, or Coast Guard requirements in § 76.27-5 through 76.27-35. Proposed § 76.27-70 sets forth the additional requirements with which SOLAS certificated U.S. ships must comply when using the regulations in SOLAS and the FSS Code. Proposed § 76.27-70 also codifies existing U.S. interpretations of SOLAS and the FSS Code and provides clarification on these regulations.

These changes are proposed to provide U.S. vessel owners and/or operators and designers greater flexibility in detection and alarm system design. The Coast Guard, using input from multiple public meetings, actively participated in the formation of these international requirements and therefore determined that these standards provide the appropriate level of safety and are broadly equivalent to existing Coast Guard regulations.

3. Consolidation and Revision of Operation and Installation Requirements

The Coast Guard proposes to change the title of 46 CFR 76.05-1 from “Fire detecting systems” to “Fire detection and alarm systems” because we are consolidating alarm and fire detection system requirements to reflect modern seamless electronic technology. Additionally, the text of this section would be edited to cover alarm systems in addition to fire detection systems.

The Coast Guard proposes to consolidate existing §§ 76.27, 76.30, 76.33, and 76.35 into one revised subpart 76.27. The existing regulations for fire detection and alarm systems have not been updated appreciably since they were first promulgated in 1965 (30 FR 16940, December 30, 1965). As such, they do not reflect developments in the field of fire detection and alarm systems used on land or in the marine environment. These proposed changes consolidating existing regulations into and updating subpart 76.27 would also affect 46 CFR subchapters C, I, K, and T where these regulations refer to subchapter H for fire detection and alarm system requirements.

We propose changing the title of subpart 76.27 from “Electric Fire Detecting System, Details” to “Fire Detection and Alarm System, Details” to reflect the proposed consolidation of alarm and fire detection system requirements within this subpart. Along with the new text consolidating the alarm and fire detection system requirements and adapting to digital electronic technology, we propose to reorganize the sections within subpart 76.27 to better reflect the proposed and revised content of these sections. Specifically, § 76.27-1 would remain “Application”; § 76.27-5 would become “General”; § 76.27-10 would become “Operation”; § 76.27-15 would become “Detectors”; § 76.27-20 would be titled “Alarm indicators”; § 76.27-25 would be titled “Power and circuitry”; § 76.27-30 would be titled “Zoning”; § 76.35 would be titled “Installation”; § 76.27-70 would be titled “Application of SOLAS and the FSS Code”; § 76.27-80 would be titled “Installations contracted

for on or after November 19, 1952 and prior to [2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE]”; and § 76.27-90 would remain “Installations contracted for prior to November 15, 1952.” The proposed changes to the text of these sections are discussed in more detail below.

As introduced above, we also propose to consolidate into subpart 76.27 the requirements for electric, pneumatic, and manual fire detection and alarm systems in consideration of the seamless technology that is now being employed in the industry. The proposed rule would consolidate elements of pneumatic fire detection systems currently set forth in subpart 76.30, elements of smoke-detecting systems currently set forth in subpart 76.33, and elements of manual alarm systems currently set forth in subpart 76.35. These proposed changes reflect the current practice of the fire protection industry, which seamlessly integrates fire detection and alarm systems together. The existing organization artificially segregates elements of fire detection and alarm systems based on the type of system. Additionally, in § 76.27-15 we propose to broaden the scope of electric fire detecting systems to cover fire detection and alarm systems responsive to heat, smoke, flame, or other fire indicators, to allow the use of these detection technologies as our regulations currently limit the detection types that can be used.

We also propose creating new § 76.27-5 to explicitly set forth the functional requirements of fire detection and alarm systems that were implicit in the existing regulations. Specifically, this section would require the fire detection and alarm system to detect fires in protected spaces, to process this information, and to signal the crew and passengers as appropriate. This proposed change would provide the purpose and functional requirements of each currently required device. By providing a performance standard we would allow industry the flexibility in meeting and obtaining safety objectives.

We also propose to move the installation requirements for approved fire detecting systems on certain existing vessels from Table 76.05-1(a) to new Table 76.27-80. Fire detection and alarm system installation requirements for new vessels would be found in proposed § 76.27-35(a), as discussed below. Existing installation requirements for approved fire extinguishing systems will remain the same; however we propose to move these requirements from Table 76.05-1(a) to new Table 76.05-20.

We propose revising § 76.27-10 to bring the requirements for operation of prescribed fire detection and alarm systems in line with modern, electronic, and commercially available units. This proposed change would remove the current restriction against an interface between a fire detection and alarm system and related safety systems, as well as ship operating systems, to exploit the efficiencies and added safety afforded by modern industry practice.

We also propose to move a portion of the former text of § 76.27-15 to new § 76.27-35. The effect of this proposed change would be to allow, in addition to heat detectors, the use of approved smoke, flame, or other detectors of fire indicators. This proposed change would take advantage of the availability of reliable smoke detectors in today's market.

We propose new § 76.27-20 to provide detailed requirements for alarm indicators, which align with modern electronic indicators that are commercially available.

We propose new § 76.27-25 to indicate that the power and circuitry of the fire detection and alarm system must comply with 46 CFR subchapter J (Electrical Engineering).

We propose renumbering existing § 76.27-5 as new § 76.27-30, and amending this section to provide flexibility to employ systems using electronically addressable detectors. When an addressable detector is triggered, the identity, type, and location of the detector can be immediately displayed at the control panel. This information is more precise and useful than that afforded by a zoned system. Thus, we propose allowing systems using addressable detectors as an alternative to zoned systems.

Proposed new § 76.27-35 would cover installation of the components of fire detection and alarm systems, and include some relevant existing text that would be moved to this new section from §§ 76.27-15 and 76.35-10. In addition, in this proposed new section, we propose to require that the spacing of certain other elements in vessels be according to spacing derived from the tests passed to obtain type approval, rather than an arbitrary maximum. This should encourage innovation and flexibility in the marine detection and alarm market.

4. Grandfathering and 2
1/2
-Year Compliance Period

The Coast Guard proposes to allow existing vessels to continue to use their currently installed fire detection and alarm systems that were designed, installed, and currently operated in accordance with existing subparts 46 CFR 76.27, 76.30, 76.33, and 76.35 until the existing system is altered or a new system is added. It is Coast Guard policy to permit grandfathering and not require retrofitting unless there is a significant safety concern, and the proposed changes for fire alarm and detection systems are not aimed at addressing identified safety deficiencies but are intended to update our regulations to allow the use of the most modern technology.

Additionally, the Coast Guard proposes to allow new installations of currently approved fire detection and alarm systems designed and installed in accordance with existing subparts 76.27, 76.30, 76.33, and 76.35 for 2
1/2
years from the date of the final rule publication. The Coast Guard proposes this 2
1/2
-year compliance period to allow manufacturers to appropriately plan and conduct testing of existing systems to the proposed new standards. Based upon our understanding of technology and industry this 2
1/2
-year compliance period would allow manufacturers ample time to design, test, and gain approval for fire detection systems and devices. Many of the Coast Guard's rules set compliance dates based on the vessel's keel laying or contract date; this is to prevent the need to make drastic changes to vessel designs once a vessel has been contracted or construction has begun. For this rule, however, we have proposed a compliance date based on the date of installation because detection and alarm system details can easily be changed at any time without redesign of previously approved plans. For this rule, installation date would be considered the date of final inspection/acceptance of the fire detection and alarm system. We specifically seek comments on whether this timeframe is sufficient.

Existing vessels that alter existing installations or add new systems after the 2
1/2
-year compliance period, however, would be required to comply with the new rule. We propose to allow the installation of fire detection and alarm systems approved using existing Coast Guard installation requirements and approvals to remain valid for installation until 2
1/2
years after the publication date of the final rule. New fire detection equipment approvals would need to meet the proposed new requirements as of the effective date of the final rule.

In proposed new § 76.27-80, we would consolidate the existing requirements for electrical fire detection systems found in §§ 76.27-5, 76.27-10, and 76.27-15. These requirements

would only apply to installations contracted for on or after November 19, 1952 and prior to [2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE]. The existing requirements for pneumatic fire detecting systems, smoke detecting systems, and manual alarm systems that are found in subparts 76.30, 76.33, and 76.35 would remain the same. However, we propose to narrow the applicability of each of these subparts to installations contracted for on or after November 19, 1952 and prior to [2 YEARS AND 180 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE].
See
changes to proposed §§ 76.30-1, 76.33-1, and 76.35-1.

5. Sample Extraction Smoke Detection Systems

We propose to amend 46 CFR 95.05-1 and 95.05-3 to require that smoke detection systems installed on vessels carrying explosive cargoes comply with the provisions of Chapter 10 of the FSS Code which provides details of component, installation, control, and testing requirements for sample extraction type smoke detection systems. Currently available and approved smoke sampling systems are already designed to meet Chapter 10 of the FSS Code. For existing vessels, we would require retrofitting to comply with the revised requirements that change the requirement for smoke sample exhaust in § 76.33-20(c), within 5 years of publication of the final rule. To ensure personnel safety, we propose to revise § 76.33-20(c) to require smoke samples to exhaust to the outside; the existing regulations allow smoke samples from these systems to be discharged to the bridge or fire control station to allow the detection of fire by odor. This practice has been deemed unsafe by the Coast Guard and the international maritime industry, and has been replaced by a provision requiring smoke samples to exhaust to the outside (
See
IMO Resolution A.515(13), Annex 2, paragraph 1.11). Existing vessels with sample extraction type smoke detection systems that do not exhaust to the outside are a significant safety concern. Therefore, the Coast Guard would require vessels to meet the proposed requirements in § 76.33-20(c) within 5 years of the publication date of the final rule. The 5-year compliance deadline aligns with the current dry-docking interval.

Based on a review of vessel records contained in the Coast Guard's Marine Information for Safety and Law Enforcement (MISLE) database, the majority of existing vessels no longer have sample extraction type smoke detection systems or have already upgraded to the types of systems we are proposing to require in this rulemaking. Therefore, we expect this retrofitting requirement to affect only four vessels.

Additionally, we understand that the Coast Guard-approved systems currently available for new installations already meet the requirements of Chapter 10 of the FSS Code, including all necessary planning and tests, because manufacturers are already complying with the FSS Code requirements. Because available systems already meet the proposed rule's requirement to comply with the provisions of Chapter 10 of the FSS Code, we are not proposing any compliance period. We specifically seek comments on whether a compliance period is necessary and why.

6. Changes to Approval Processes for Detection and Alarm Systems

Regulations in 46 CFR 161.002 specify requirements for design and manufacture of fire detection systems and devices for Coast Guard approval. The Coast Guard proposes to update these requirements and add a new approval process for individual devices (e.g., detectors, control panels, alarms, etc). The proposed updates reflect current industry practices as well as current fire detection technology. The proposed new approval process of individual devices would simplify the current Coast Guard approval process. To reflect these changes, the Coast Guard proposes to change the name of subpart 161.002 from “Fire Protective Systems” to “Fire Detection Systems.”

We propose new § 161.002-2—Definitions, that would define fire detection and alarm system testing and equipment related terms that are used in this subpart. These terms are frequently associated with fire detection systems of today and are commonly used industry terms.

We propose to remove § 161.002-3—Materials and workmanship, because suitability of materials is covered by the national industry consensus standards that we propose to incorporate by reference in §§ 161.002-4, 161.002-6, 161.002-10, and 161.002-15.

In § 161.002-4—General requirements, we propose to limit this section to the discussion of only the general requirements for fire detection systems. We also propose to move the existing provision concerning testing requirements from this section to proposed new § 161.002-6. Section 161.002-4 would retain the requirement that all fire detection systems be designed, constructed, tested, marked, and installed according to the applicable standards in 46 CFR subchapter J.

We propose to add § 161.002-6—Testing requirements, in order to outline the testing requirements for fire detection systems and devices. Paragraph (a) of this proposed section would allow manufacturers to use a Coast Guard-accepted laboratory (
See
46 CFR 159.010) or an NRTL accepted by the Occupational Safety and Health Administration (OSHA) (as meeting OSHA standards in accordance with 29 CFR 1910.7) to conduct functional tests of fire detection systems and devices. OSHA maintains a listing of current NRTLs on its Web site at
http://www.osha.gov/dts/otpca/nrtl/index.html
. This proposed change would provide manufacturers with more flexibility and options for choosing a test laboratory. Additionally, this proposed change would make it easier for manufacturers of fire detection systems not traditionally in the marine market to gain Coast Guard approval because only a limited number of tests would need to be conducted by a Coast Guard accepted independent laboratory. This proposed change would also allow land-based fire detection system and device manufacturers that have previously tested and listed their product with an NRTL to get Coast Guard approval without having to repeat previous tests. As explained below, we will retain the requirement that certain marine environmental tests, such as resistance damage due to vibration, be conducted by Coast Guard accepted independent laboratories.

Paragraph (b) of this proposed section would require a manufacturer, in order to have a fire detection system or device Coast Guard-approved, to test that system or device in accordance with UL 38, 268, 464, 521, 864, 1480, and 1971, and ANSI FM 3260. These are the most up-to-date industry consensus standards for fire detection system or device approvals and are already used widely by the fire detection industry. We do not expect any additional impact to the industry because industry is already voluntarily using these standards in order to achieve laboratory listing for land-based and marine products.

Paragraph (c) of this proposed section would add a reference to IEC 60092-504, which contains marine environmental testing requirements. Per 46 CFR 113.05-7, the currently required tests come from American Bureau of Shipping Rules for Building and Classing Steel Vessels (ABS) (2003) or Category ENV3 Tests of Lloyds Register Type Approval System (ENV3), Test Specification Number 1 (2002). The proposed rule would require the use of

tests from IEC 60092-504, which are effectively the same as the ABS and ENV3 tests, except the IEC tests are the international industry standard. Requiring the IEC tests would harmonize our regulations with international industry standards and current industry practice. To be Coast Guard-approved, fire detection systems or devices must meet the environmental testing parameters outlined in the newly proposed Table 161.002-6(c). In paragraph (c), the Coast Guard would require that these tests be performed only by Coast Guard accepted independent laboratories because they have demonstrated experience and expertise in conducting these tests.

Paragraph (d) of this proposed section would require that the enclosure protection requirements for control panels and remote annunciators comply with IEC 60092-504 and 46 CFR 111.01-9 of subchapter J. We do not expect these requirements to have any effect on the manufacturers of these devices. IEC 60092-504 refers to the requirements of IEC 60529 (incorporated by reference in 46 CFR 110.10-1) for enclosure protection. These enclosure protection requirements are currently optional in 46 CFR 111.01-9, and a majority of the manufacturers are using this method of enclosure protection already.

We propose to change the title of § 161.002-8 from “Automatic fire detection systems, general requirements” to “Fire detection systems, general requirements” because it covers the general requirements for all fire detection systems. We also propose to update the language in this section to better reflect the updated terminology as defined in newly proposed § 161.002-2.

We propose to change the title of § 161.002-9 from “Automatic fire detection system, power supply” to “Fire detection system, power supply” because it covers the power supply for all fire detection systems. We also propose to update the language in this section to better reflect updated terminology as defined in proposed new § 161.002-2.

We propose to change the title of § 161.002-10 from “Automatic fire detecting system control unit” to “Fire detection system control unit” to better reflect updated terminology. We also propose changes that focus this section on the electrical requirements for fire detection system control units. Specifically, we propose requiring that control units meet the requirements of § 111.01-9, which gives details of the electrical protection needed to keep control units safe from environmental damage. We are doing this to be clear that those requirements apply to control units, as it is not clearly stated in the existing regulations. Additionally, we propose to require that the electrical supervision of circuits meet the standards of NFPA 72. Specifically, the electrical supervision circuit must be a Class A or Class X pathway as specified in NFPA 72, which is an industry standard for circuitry. The intent of this proposed change is to require that the circuit be capable of monitoring and alarming if there is a problem with the wiring of the fire detection devices within the fire detection system; other classes (B, C, D, and E) of circuitry do not do this. We also propose changing the title of this section from “Automatic fire detection system control unit” to “Fire detection system control unit” to better reflect the revised content of this section. The existing provisions in this section that address requirements for alarm performance and operation for each individual device would be relocated to proposed new § 161.002-6.

We propose removing § 161.002-12—Manual fire alarm systems, because requirements for manual fire alarm systems are covered by UL 38, which would be incorporated by reference in proposed new § 161.002-6, as discussed above.

We propose removing § 161.002-14—Watchman's supervisory systems, because these types of systems are no longer used in new vessel construction. These systems have been replaced with addressable fire detection systems. There are currently no Coast Guard approved watchman's supervisory systems.

We propose to amend § 161.002-15—Sample extraction smoke detection systems to harmonize our regulations with the FSS Code, which is the current international consensus standard. This proposed change incorporates the FSS Code's requirements for the design of the sample extraction type smoke detection systems, including its control unit and power supply. We propose to allow the listing of the control unit to meet the standards of the FSS Code or UL 864. This action would not add any additional requirements, but harmonizes our regulations with current industry practice.

We propose to change the title of § 161.002-18—Method of application for type approval, to “System method of application for type approval” because we are proposing to differentiate between the fire detection system method of approval and the fire detection device method of approval. We would limit this section to the system approval requirements for fire detection systems because we propose changes to our product approval methods, which would make Coast Guard approval easier for manufacturers to obtain, and ultimately lead to a wider array of choices for owner/operators, shipyard installers, and system designers. The Coast Guard's current fire detection approval process requires that the entire system be approved as a complete system. If a component of an approved system needs to be changed or updated, a manufacturer must have the entire system re-approved. For vessel owner/operators this system-wide approval means that when a component needs to be replaced, one matching the existing system must be found. This system-wide approval also means that specialty parts manufacturers, such as those that only manufacture heat detectors, cannot enter into the marine market.

We propose to add new § 161.002-19—Device method of application for type approval, that would explain the new type-approval application method for individual fire detection and alarm system devices. This process would allow manufacturers to get individual fire detection devices (e.g., heat detectors) approved separately from a complete system. This new type approval application process would be the same as the current process in § 161.002-18, except that it would be limited to reviewing and approving the individual devices, rather than the entire systems.

As part of that process, we would approve individual devices and accept tests of the individual devices conducted by NRTLs. NRTLs are laboratories regulated by OSHA, similar to Coast Guard regulation and oversight of Coast Guard-accepted independent laboratories, and therefore provide an equivalent level of safety to Coast Guard accepted laboratories with regards to the functional testing of individual fire detection devices. The use of NRTLs in addition to Coast Guard accepted laboratories for this purpose would allow greater flexibility in the design and installation of the fire detection and alarm systems that use individual devices, and could open the market to new and smaller manufacturers. This flexibility would result in a broader spectrum of products available that could be used to design fire detection and alarm systems that best fit each individual vessel. In addition, the safety and reliability of these fire detection and alarm systems would be enhanced by aligning our regulations with modern design and manufacturing practices as discussed above, specifically in proposed § 161.002-6.

7. Revised Requirements Using Guidance Found in Navigation and Vessel Inspection Circular (NVIC) 7-80 for Excess Detection Systems

The Coast Guard proposes to codify NVIC 7-80, Use of Fire Detection Systems Which Are Not Approved Under § 161.002 (available online at
http://www.uscg.mil/hq/cg5/nvic/pdf/1980/n7-80.pdf
). See proposed sections 33 CFR 149.404; 46 CFR 27.203, 28.155, 34.01-5, 76.01-5, 95.01-5, 118.120, 132.340, 167.45-30, 181.120, and 193.01-5. These provisions would allow the carriage of excess fire detection systems that meet the following criteria: Non-Coast Guard approved, provided that the system's components are listed by an NRTL; designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer's specific guidance; the installation conforms to the requirements of 46 CFR subchapter J (Electrical Engineering), with specific regard to the hazardous location installation regulations; the Coast Guard plan review is completed for wiring plans; and the system and components remain functional as intended. The Coast Guard has permitted the use of NRTL-approved fire detection systems as excess equipment where our regulations do not require fire-detection systems equipment because excess equipment undergoes extensive performance testing before it receives a listing by an NRTL. NRTL-approved equipment, however, may not have been tested for durability, vibration and corrosion resistance, and other properties important to marine use, and therefore cannot be substituted for required equipment. We would codify this guidance and cancel NVIC 7-80.

B. Fire Extinguishers

We propose to replace Coast Guard-unique requirements for portable and semi-portable fire extinguisher rating, maintenance, and testing and labeling with national consensus standard requirements. The proposed rule would replace: The Coast Guard weight-based rating scale for fire extinguishers with performance ratings in UL 711 “Standard for Rating and Testing of Fire Extinguishers” (7th Edition); the Coast Guard-unique maintenance procedures with a requirement to maintain fire extinguishers in accordance with NFPA 10 “Standard for Portable Fire Extinguishers” (2010 Edition); and the Coast Guard-specific tests for marine-type approval for fire extinguishers with testing and labeling methods in five separate UL standards. The proposed rule also would reduce the required number of spare extinguishers and charges onboard classes of vessels required to carry spares.

The discussion of these proposed changes, below, covers both portable and semi-portable fire extinguishers and refers to them as “fire extinguishers” (excluding fixed fire extinguishing systems) unless specifically noted.

1. Ratings: UL 711 and NFPA 10:2010

The Coast Guard proposes to replace the Coast Guard-unique rating system set forth in 33 CFR 145.05, 46 CFR 34.50-5, 76.50-5, 95.50-5, 132.210 and 193.50-5 with the rating system in UL 711, “Standard for Rating and Testing of Fire Extinguishers” (UL ratings) to eliminate confusion caused by fire extinguishers being labeled with both the Coast Guard rating and the UL rating. UL 711 details performance testing required for rating a fire extinguisher, and its use for marking fire extinguishers would be required in 46 CFR 162.028-2 and 162.039-2 (the UL rating uses the classification of fires as set forth in NFPA 10:2010). Currently, Coast Guard regulations in §§ 162.028-4 and 162.039-4 require labeling fire extinguishers with the Coast Guard-unique rating system using an alpha-numeric designation, which is based on the weight of the extinguishing agent in the extinguisher. Coast Guard regulations also require each fire extinguisher to meet the listing and labeling requirements of the independent laboratory that tests the extinguisher for approval. Currently, all the fire extinguishers the Coast Guard has approved were tested by UL or by another laboratory using the UL ratings. Therefore, all Coast Guard accepted independent laboratories already test and label the fire extinguishers with the UL ratings (example: 20-B:C) as well as the Coast Guard rating (example: B-II).

The Coast Guard weight-based rating system presumes that any extinguisher with 10 pounds of extinguishing agent would have less extinguishing capability than an extinguisher with 15 pounds of extinguishing agent. However, this method of rating fire extinguishers is inconsistent with the UL ratings, which use a performance-based rating system that could rate fire extinguishers with 10 or 15 pounds of extinguishing agent the same, provided they can extinguish the same test fire.

To determine if there is a correlation between the two rating systems, we used Annex H of NFPA 10: 2010 to compare the Coast Guard's weight-based rating system with the average UL ratings given to fire extinguishers with similar agent capacities. Annex H, Table H.2 identifies not only the agent capacities but the typical UL rating for an extinguisher of that type. This allowed us to identify the UL ratings that corresponded to our existing minimum weight-based requirements. We would use these corresponding UL ratings instead of the Coast Guard weight-based ratings in § 162.028-2, 162.028-3, 162.039-2, and 162.039-3.

The Coast Guard also proposes to designate fire extinguishers as semi-portable based on an overall weight of over 50 pounds rather than on the weight of the agent carried, as set forth in proposed 162.039-3(b).

In 46 CFR 76.50-20, the Coast Guard proposes to require the use of fire extinguisher hoses and nozzles suitable for reaching all areas of a protected space in consideration of the unwieldy nature of the semi-portable fire extinguishers. Although currently approved semi-portable fire extinguishers are equipped with hoses and nozzles, we are clarifying that these must be adequate for their installed location. The Coast Guard does not intend to require that vessels replace existing properly functioning and properly installed fire extinguishers that meet the current Coast Guard weight-based requirement because they have a different UL rating than is proposed.

The proposed rule allows each class of vessel addressed in each affected subchapter to keep existing fire extinguishers aboard, provided that each fire extinguisher is properly maintained. See proposed sections 33 CFR 145.15; and 149.410; and 46 CFR 25.30-1; 25.30-80; 34.50-1; 34.50-80; 76.50-1; 95.01-1; 95.50-1; 95.50-80; 108.491; 118.115; 132.250; and 193.50-80. When a fire extinguisher is replaced, however, the replacement fire extinguisher would have to meet the proposed new requirements.

We believe that eliminating our existing Coast Guard-unique rating system would enhance maritime safety by aligning our requirements for extinguishing capacities with the accepted national industry standard to ensure that the appropriate sizes and types of fire extinguishers are used. Further, these proposed changes would simplify the labeling requirements for manufacturers and limit confusion when purchasing fire extinguishers for marine use.

Notably, this proposed change from the Coast Guard-unique ratings to the UL ratings would completely eliminate carbon dioxide (CO
2
) semi-portable fire extinguishers as an option for semi-portable fire extinguishers required in machinery spaces. Under the current regulations, large CO
2
fire extinguishers with a capacity of 100 pounds of CO
2

(B-V semi-portable fire extinguishers) satisfy the Coast Guard rating requirements for machinery spaces, but these types of fire extinguishers cannot meet the UL testing standards to receive a high enough rating to be used in these locations. Although we are not proposing to require replacing these existing installations because we do not have casualty data to justify the economic burden to industry of replacing operable extinguishers, we note that large non-CO
2
extinguishers are cheaper than these large CO
2
extinguishers, and encourage vessel owners/operators to replace these CO
2
extinguishers. Replacement extinguishers would have to comply with the requirements as proposed in 33 CFR 145.10 and 149.409; and 46 CFR 25.30-20; 27.303; 27.305; 28.160; 34.50-10; 76.50-10; 95.50-10; 95.50-20; 108.495; 108.496; 118.500; 132.220; 132.240; 169.567; 181.500; 193.50-10; and 193.50-20.

2. Maintenance: NFPA 10: 2010

We propose to require that vessel owners and/or operators ensure that inspection, maintenance and recharging of fire extinguishers are carried out in accordance with NFPA 10: 2010. We propose the use of NFPA 10: 2010 maintenance standards because they provide more complete maintenance requirements as compared with current Coast Guard fire extinguisher maintenance requirements in 33 CFR 145.01; and 149.408; and 46 CFR 25.30-10; 31.10-18; 71.25-20; 91.25-20; 107.235; 169.247; 176.810; and 189.25-20. NFPA 10 provides details for the selection, installation, inspection, maintenance, and testing of fire extinguishers. Specifically, NFPA details how often and what items to check on an extinguisher, when to repair or replace extinguishers, and provides details for refilling or recharging extinguishers as needed.

NFPA 10 distinguishes between monthly inspections, which are simple visual checks of the fire extinguisher, and annual maintenance, which includes thorough inspection of the condition of the fire extinguisher and inspection or replacement of components. NFPA 10 requires that the annual maintenance and recharging of fire extinguishers be done by certified persons (see the next paragraph), while monthly inspections may be conducted by personnel (such as crew) who are not required to be certified. On a vessel, for example, this means that monthly inspections could be completed by the owner/operator, person-in-charge, master, or a designated member of the crew. However, annual maintenance would need to be conducted by a certified person. NFPA 10 does not clearly identify certification standards and leaves approval to local Authorities Having Jurisdiction (AHJ), therefore, the Coast Guard is proposing to accept any certification by an AHJ. We propose incorporating NFPA 10: 2010 by reference into each affected subchapter for maintenance requirements for fire extinguishers. See proposed sections 33 CFR 145.01 and 149.408; and 46 CFR 25.30-10; 31.10-18; 71.25-20; 91.25-20; 107.235; 169.247; 176.810; 188.01-05; and 189.25-20.

We propose to allow the annual maintenance of non-rechargeable or non-refillable fire extinguishers to be conducted by a certified person, owner/operator, person-in-charge, or a designated member of the crew. This is because NFPA 10 directs that such extinguishers found to be deficient be removed from service, and this type of review and replacement is easily managed by personnel appointed by the vessel owner/operator.

NFPA 10 has included the standard requirements for the use of certified servicing agents since August 17, 2008. This standard is widely adopted as the national standard for maintenance and repair of fire extinguishers. Therefore, maintenance conducted by certified companies is generally conducted in accordance with NFPA 10 guidelines by certified personnel. Since most fire extinguisher servicing companies serve the marine market in addition to their land-based clientele, we do not anticipate that vessel owner/operators would have difficulty finding an appropriately certified company. Additionally, a vessel owner/operator could use an appropriately certified employee to conduct annual maintenance of fire extinguishers.

3. Testing: UL 8, UL 154, UL 299, UL 626, UL 2129

The requirements for Coast Guard approval of portable and semi-portable fire extinguishers are found in 46 CFR 162.028 and 162.039. These subparts are similar in structure, and we propose to make identical changes in both subparts to remove the existing Coast Guard-unique requirements and, in their place, require conformity with the industry standards for testing and labeling fire extinguishers.

We propose to require the use of five UL standards for the testing and labeling of fire extinguishers instead of the current Coast Guard-specific testing requirements in §§ 162.028-3 and 162.039-3. The five UL manufacturing standards that would be incorporated by reference into §§ 162.028-1 and 162.039-1 are: (1) UL 8, Standard for Foam Fire Extinguishers; (2) UL 154, Standard for Carbon-Dioxide Fire Extinguishers; (3) UL 299, Standard for Dry Chemical Fire Extinguishers; (4) UL 626, Standard for 2
1/2
-Gallon Stored Pressure, Water-Type Fire Extinguishers; and (5) UL 2129, Standard for Halocarbon Agent Fire Extinguishers. Each of these UL standards gives specific technical requirements for construction, performance testing, packaging, and marking of the specific type of extinguisher.

The current requirements in §§ 162.028-3 and 162.039-3 are duplicative of the UL standards and, as discussed above, fire extinguishers are already being tested to these UL standards by Coast Guard accepted independent laboratories. This proposed change would eliminate the duplicative Coast Guard requirements by replacing them with the requirement to use the UL standards, and reflect current industry practice.

4. Approval Process

We propose changes to §§ 162.028-5 and 162.039-5 to list our Web site at
http://cgmix.uscg.mil
as the place to find the list of laboratories recognized by the Coast Guard to conduct testing of fire extinguishers. Currently, we list the recognized laboratories in the regulations. Providing a Web site in the regulations, rather than the list itself, would provide continually updated information concerning recognized independent laboratories.

We also propose changes to §§ 162.028-7 and 162.039-7 to more clearly reflect the procedure that fire extinguisher manufacturers must use to request and obtain Coast Guard approval. The proposed change would provide for a Coast Guard-recognized independent laboratory to approve the extinguishers on behalf of the Coast Guard as detailed in a Memorandum of Understanding (available in the docket as described under
ADDRESSES
above) required by existing § 159.010-7 between the Coast Guard and the laboratory.

5. Reducing and Relocating Spare Portable Extinguisher Requirements

We propose to reduce the number of spare portable fire extinguishers required and add this number to the tables that indicate the location and number of required extinguishers in 46 CFR 34.50-10(a), 76.50-10(a), 95.50-10(a), 108.495, 169.567(a), and 181.500(b).

Spare fire extinguishers are not required to be kept in open locations for

use during firefighting and are, therefore, not intended to be used as “back-up” for when an extinguisher required for a space does not work or is expended during firefighting activities. Spare extinguishers are carried on board to replace those taken out of service in the case of damage, low charge, or in the infrequent case they were expended in firefighting activities prior to returning to port. Given the relative ease of purchasing Coast Guard approved fire extinguishers—they can be purchased at nearly any large home improvement or even hardware store—and the speed of shipping Coast Guard approved extinguishers within the U.S., the carriage of a large number of spares is unnecessary for vessels on domestic routes.

Additionally, a reduction in the number of spares required is warranted by the proposed, enhanced maintenance requirements that would make extinguishers more reliable, further reducing the need to carry a large number of spare extinguishers. Therefore, the Coast Guard proposes to reduce the number of spares required by reducing the percentage of spares specified in 46 CFR 34.50-10(a), 76.50-10(a), 95.50-10(a), 108.495, 169.567(a), and 181.500(b), and deleting the following sections: 46 CFR 34.50-15, 76.50-15, 95.50-15, 132.230 and 193.50-15. We seek specific comments on the appropriate percentage of spares necessary on domestic vessels. We propose to reduce the percentage from 50 percent to as low as 10 percent, depending on the comments received. In comments submitted to the docket, please indicate the recommended percentage (ranging from 50 to 10 percent), and provide a brief explanation or justification for why that percentage is the most appropriate for the new standard. Ships on international voyages subject to SOLAS, including cruise ships, would still be required to comply with SOLAS requirements, 100 percent spare charges for the first 10 extinguishers, then 50 percent for the remaining extinguishers (SOLAS Chapter II-2, Regulation 10.3.3).

The proposed change to add the number of required spares to existing tables would make our regulations more concise and readable. These existing tables indicate the required number and location of all extinguishers onboard, but do not include the number of spare extinguishers required. These changes would allow the tables to cover all of the required extinguishers.

C. Other Fire Protection Equipment Requirements

1. Spanner Wrench Carriage Requirement for Small Passenger Vessels

We propose to require in 46 CFR 118.310 and 181.310, that small passenger vessels carry spanner wrenches for fire hydrants that use 1.5-inch diameter hoses. Spanner wrenches are required to attach and detach fire hoses from the fire main system during fire emergencies, allowing them to be deployed or moved as necessary. In the September 30, 1997 final rule, “Small Passenger Vessel Inspection and Certification”
1

that established firefighting requirements for 46 CFR subchapter K and T vessels, spanner wrench requirements for 1.5-inch diameter hose stations were inadvertently omitted for small passenger vessels. All other affected subchapters include requirements for spanner wrenches to accompany fire hydrants. However, because they are generally accepted as standard firefighting equipment to accompany 1.5-inch diameter hose connections, marine inspectors report that most if not all small passenger vessels include this vital safety equipment already. To be consistent with requirements for hoses of this size on other classes of inspected vessels, we propose to require that spanner wrenches be placed at all fire hydrants serving 1.5-inch diameter hoses.

1
62 FR 51326, which amended 61 FR 982.

2. Alternative Use of Two Small Fire Hoses in Place of a Single Hose

In 46 CFR 76.10-5; 76.10-10; 95.10-5; 95.10-10; 193.10-5; and 193.10-10, we propose to allow two 1.5-inch diameter fire hoses instead of one 2.5-inch diameter fire hose to be used at external locations on vessels. We propose this change to increase crew safety and enhance firefighting capabilities on board the applicable vessels. A 2.5-inch diameter fire hose could be unwieldy and unsafe if crewmembers have not been trained or drilled in working with such a large-sized hose. Allowing the use of two 1.5-inch diameter hoses would alleviate the physical difficulties of moving the hose during an emergency, and would reduce additional training requirements for crew members. Generally, two 1.5-inch diameter hoses should deliver equivalent volumes of water and have similar ranges to a 2.5-inch diameter hose. This allowance would not preclude the use or carriage of a 2.5-inch diameter hose if desired by the vessel owner/operator.

3. Limited Use of Land-Based Fire Extinguishers

We propose in 46 CFR 34.50-10 that portable fire extinguishers brought onto unmanned barges during cargo transfer or operation of barge machinery or boilers, as required by Table 34.50-10(a), need not be Coast Guard-approved. Such extinguishers would, however, need to be listed and labeled by an NRTL. Each NRTL for CO
2
fire extinguishers (there are currently three identified by OSHA: FM Approvals LLC, Intertek Testing Services NA, Inc. and Southwest Research Institute), tests to the same standard, UL 711, Rating and Fire Testing of Fire Extinguishers.

This proposed change would codify and expand the policy issued by NVIC 13-86, Use of Underwriters Laboratory Listed Fire Extinguishers (available online at
http://www.uscg.mil/hq/cg5/nvic/pdf/1986/n13-86.pdf
), which allows non-Coast Guard approved fire extinguishers, but only those that are UL-approved, to be used on unmanned barges. We have permitted the use of non-Coast Guard approved, UL-approved extinguishers on unmanned barges because these vessels are not required to carry portable fire extinguishers while in transit, and such extinguishers need not be tested for marine environmental conditions, which is the purpose of the Coast Guard approval. Fire extinguishers are only required during cargo operations (see footnote 13 to Table 34.50-10(a)). The use of extinguishers that are brought aboard an unmanned barge during loading reduces administrative costs for the barge owner because barges would not be required to purchase fire extinguishers to be permanently mounted on the barges, nor would they need to be inspected monthly or serviced annually. As an alternative, we would allow unmanned barge owners and operators who choose to carry fire extinguishers onboard a greater selection of fire extinguishers by not limiting selection to UL-approved extinguishers. This proposed change would supersede NVIC 13-86, which would be canceled.

4. Amended Definitions for Small Passenger (Subchapter T) Vessels

We propose to clarify the fire detection requirements on small passenger vessels constructed with general purpose resin. Commandant (CG-ENG-4) has received numerous requests for clarification of the requirements in 46 CFR 177.410(c)(3) from Officers in Charge, Marine

Inspection (OCMIs) throughout the country. Through these requests, we learned that the requirements are confusing to marine inspectors as well as vessel owners, operators and designers. The existing regulation at § 177.410(c)(3) gives two broad examples of isolated spaces (voids and storage lockers), and two examples of ignition sources (electrical equipment and piping for a dry exhaust system). We propose to more clearly and restrictively define these two terms in the list of definitions found at § 175.400.

The proposed changes are not intended to fundamentally alter the requirements; specifically, we do not intend for an increase in the required installations. Instead, the proposed changes are meant to better explain the current intent of the regulations to limit the locations that require detection systems to spaces that are not smoke tight and infrequently visited by the crew during operations, and that contain anticipated sources of ignition dangers.

5. Clarification on the Use of International Standards (SOLAS) in Lieu of Domestic Standards

The proposed changes to 46 CFR 32.56-1; 72.05-1; 92.07-1; 116.400; 177.420; and 190.07-1 would allow vessel designers to use the U.S. or SOLAS requirements for structural fire protection for domestic vessels. We propose these changes to clearly indicate that vessels meeting the structural fire-protection requirements of Chapter II-2 of SOLAS are deemed to have met the structural fire-protection requirements found in the subchapter under which the vessel is inspected. Currently, in each of the affected subchapters, the requirements allow ships with SOLAS certificates (those meeting the SOLAS requirements) to be considered equivalent. The proposed change is intended to allow any U.S. flag vessel to be built to the requirements of SOLAS Chapter II-2 even if it is not certificated to SOLAS. The use of SOLAS Chapter II-2 as a design basis for structural fire protection allows greater flexibility in design, and because it is difficult to retrofit vessels to meet structural fire-protection requirements, it would allow vessels built for domestic trade to be more easily converted for SOLAS trade and subsequently certificated as SOLAS ships.

6. Use of Non-Metallic Pipe

We propose changes to 46 CFR 56.60-25(a)(3) that would allow the use of short sections of unapproved pipe, 30 inches or less in length, in non-vital systems, provided the pipe is contained in one compartment. Section 56.60-25 contains the requirements for the use of non-metallic pipe on vessels. Currently, § 56.60-25(a) requires that all piping, except that used on open decks, or in cofferdams, voids, and ducts, must meet low flame spread requirements. This requirement is intended to limit the flame spread of pipe in enclosed spaces, such as accommodations, machinery spaces, and control spaces, as well as to prevent the passage of flame from one compartment to another. In § 56.60-25(a), the Coast Guard also limits the use of non-metallic pipes in non-vital systems unless the pipe meets fire endurance requirements (which tests the strength of the pipe during and after a fire) found in IMO Resolution A.753(18), Guidelines for the Application of Plastic Pipes on Ships. The Coast Guard's primary concern when plastic pipe is used on inspected vessels, OCS facilities, and MODUs is the spread of flame, and the Coast Guard's secondary concern is the integrity of the vital piping systems. We propose the allowance of short runs of plastic pipe (30 inches or less) on non-vital systems contained within a single compartment without any Coast Guard approval. Plastic pipe is easier to maintain and cheaper, and this use would not compromise the Coast Guard's safety goals. This allowance is envisioned to be employed primarily for use in sanitary service areas, such as toilet, sink and shower supply, and drain lines in accommodation spaces.

7. Use of Non-Metallic Pipe on Small Passenger (Subchapter T) Vessels

Section 46 CFR 182.720, prohibits the use of non-metallic piping in vital systems for small passenger vessels regulated under 46 CFR subchapter T. The intent of this prohibition is to make the “construction material requirements for vital system piping consistent for all vessels regardless of size or passenger capacity.”
See
“Small Passenger Vessel Inspection and Certification;” Supplemental Notice of Proposed Rulemaking (59 FR 1994, January 13, 1994). The rulemaking implementing this prohibition (
See
61 FR 864, January 10, 1996) aligned the requirements for non-metallic piping with requirements for other vessels at the time without directing users to refer to 46 CFR part 56 to find the requirements for non-metallic pipe. All other inspected vessels, including passenger vessels regulated under 46 CFR subchapters H and K, are required to use the requirements found in § 56.60-25 for non-metallic pipe. Section 56.60-25 also incorporates IMO Resolution A.753(18), which allows specially tested and approved non-metallic pipe to be used in limited applications for vital systems. Because subchapter T does not refer the reader to § 56.60-25, and was not updated to mirror the requirements in § 56.60-25, the current regulations in subchapter T are more restrictive than those allowed for other classes of vessels. Our proposed changes to § 182.720 would allow this class of small passenger vessels to use the requirements of § 56.60-25, including the proposed changes to this section discussed above, as an alternative to those prescribed in subchapter T.

8. Sprinkler Systems

We propose to remove the Coast Guard-unique design and installation requirements for sprinkler systems currently found in 46 CFR subchapter H, §§ 76.25-5 through 76.25-35, erroneously left in place by a previous rulemaking. This proposed change would make it clear that sprinkler systems must be designed and installed in accordance with § 76.25-1, which requires that sprinkler systems meet the requirements of NFPA 13. In 1997, we first incorporated by reference and required the use of NFPA 13 in § 76.25-1—Final Rule, “Harmonization with International Safety Standards” (62 FR 51188, September 30, 1997). In that rulemaking, we adopted NFPA 13 to replace the Coast Guard-unique requirements for sprinkler systems, and §§ 76.25-5 through 76.25-35 should have been deleted, but were not.

Additionally, in § 76.01-2 we propose to update the version of NFPA 13 incorporated by reference from the 1996 edition to the most current 2010 edition. We would also make conforming amendments in 46 CFR subchapters D (§ 34.01-15), I (§ 95.01-2), I-A (§ 108.101), K (§ 114.600) and U (§ 193.01-3).

The NFPA made one substantial change to NFPA 13, in Chapter 25, Marine Systems, between the 1996 and 2010 editions, to require that marine sprinkler systems be designed and installed to be fully operational without a reduction in system performance both when the vessel is upright, and inclined at the angles of inclination specified in § 58.01-40, aligning with current industry practice.

Further, we propose to specify in § 76.25-1 that Chapter 25 of NFPA 13: 2010 is to be used for the design and installation of sprinkler systems. Our current regulations do not direct the reader to Chapter 25; we propose to clearly require system designers and installers to use Chapter 25. We would also make conforming amendments in

46 CFR subchapters D (§ 34.30-1), I (§ 95.30-1), I-A (§ 108.430), K (§ 114.439) and U (§ 193.30-1).

We also propose in 46 CFR 25.30-15 to require automatic sprinkler systems installed in uninspected vessels to be designed and installed in accordance with the requirements of NFPA 13. Such automatic sprinkler systems are an alternative to the CO
2
systems currently addressed in § 25.30-15.

9. Alternatives for Halon Bottle Inspection

We propose to amend 46 CFR 147.65 to establish an alternative method of periodic inspection and testing requirements for Halon 1301 fire extinguishing systems. Currently, under § 147.65, cylinders storing Halon 1301 must be emptied and hydrostatically tested every 12 years. Also, cylinders discharged more than 5 years after the previous testing must be retested before refilling. The international ban on the production of Halon 1301 requires carefully controlled reclamation and collection of Halon 1301. This makes emptying and refilling a Halon 1301 cylinder expensive and impractical for many vessel owners. As an alternative to emptying and refilling procedures, NVIC 3-95, Periodic Inspection and Testing of Fixed Halon Fire Fighting Equipment Aboard Merchant Vessels (available online at
http://www.uscg.mil/hq/cg5/nvic/pdf/1995/n3-95.pdf
), provides for visual exams of halon-storage bottles. We propose to codify this policy of providing a visual exam alternative by incorporating by reference the Compressed Gas Association Pamphlet CG-6, Standards for Visual Inspection of Steel Compressed Gas Cylinders, 10th edition, an industry standard that identifies safe and effective methods of conducting visual exams in § 147.7. The proposed regulations would supersede the guidance in NVIC 3-95, which would be canceled.

D. Updates to Approval Process and Guidance for Equipment and Materials

Certain types of lifesaving, firefighting, navigation, and environmental protection equipment and materials are required to be Coast Guard approved if they are to be used on vessels inspected by the Coast Guard. While the regulations for vessels and offshore installations found in Titles 33 and 46 of the CFR focus on requirements for carrying and using this equipment and materials, subchapter Q contains the Coast Guard approval requirements for them. Subchapter Q is divided into subparts that each address a specific material or piece of equipment. The number of each subpart is commonly referred to as an approval series; for example, subpart 164.141 is the approval series for plastic pipes, and the approval series forms a part of each approval number.

The Coast Guard does not test equipment and materials for approval, but rather our regulations specify the required test methods and minimum performance criteria for approval. Once a product manufacturer can provide proper documentation to indicate that the product meets the requirements for approval, the Coast Guard issues a Certificate of Approval (COA) for the product that clearly identifies the product and its approved use. The COA includes the “approval number,” such as 164.141/XXX, where the first portion of the number is the product's approval series (for example subpart 164.141 for plastic pipes) and XXX would be a unique number specific to that product. To ensure that product testing is conducted by an impartial and qualified entity, the testing must be performed by a Coast Guard-accepted independent laboratory. Laboratories must apply to the Coast Guard to become a Coast Guard-accepted independent laboratory, and are subject to continued review and oversight by the Coast Guard to ensure they continue to meet the detailed requirements found at § 159.010-3.

The Coast Guard has traditionally numbered its approval series, and the corresponding subparts in subchapter Q, according to whether the equipment addressed in the subpart is approved for use on vessels on coastwise routes and other non-international voyages, sometimes called “domestic vessels,” or for use on vessels on international voyages and therefore subject to SOLAS, which are sometimes called “SOLAS ships.” Subparts/series with a “0” after the decimal (for example, subpart 164.012) generally apply to equipment or materials approved for use on domestic vessels, and subparts with “1” after the decimal (for example, subpart 164.112) generally apply to equipment or materials approved as meeting the SOLAS requirements for use on SOLAS ships.

In this Notice of Proposed Rulemaking (NPRM), we propose to make changes to the requirements for product approval by allowing the approval of certain products by other nations' approval authorities under Mutual Recognition Agreements, by codifying new approval series for approval of products required for SOLAS ships, and by updating the requirements of existing series to meet the current industry practice.

1. Mutual Recognition Agreements (MRA)

In 46 CFR part 159, we propose to create subpart 159.003, titled Approvals Under Mutual Recognition Agreements, to codify an alternate path to obtaining Coast Guard approval of equipment through an established MRA. An MRA for product approvals is an agreement between the U.S. and another nation or group of nations, such as the European Union, to recognize and accept approvals issued by nations signatory to the MRA (or their appointed representatives) for use on U.S. inspected vessels. The products receive a Coast Guard approval number issued by the other nations' approving authority. Because each nation that is party to the MRA has its own regulations and interpretations of the commonly applicable international standards, each MRA identifies the specific equipment covered under that MRA, which has been determined to meet equivalent approval and conformity assessment standards.

The ability to obtain Coast Guard approval for specified equipment and materials from certain foreign approval authorities through an established MRA offers manufacturers the ability to receive both Coast Guard and another nation's approvals in a single process. This reduces administrative and testing costs, since without the MRA manufacturers must submit approval requests to each nation individually. Each nation to which the manufacturer applies can have different testing requirements and approval procedures, sometimes meaning similar tests need to be repeated because a testing laboratory is accepted by one nation and not another, or that similar tests need to be performed to meet multiple variations in nations' requirements. With an MRA in place, a manufacturer need only go through the approval process with one party, and thereby gain approval from the other parties of the MRA, thereby reducing duplicative testing and administrative costs.

These proposed rules include broad language to implement the MRA concept for approval of equipment and materials under 46 CFR subchapter Q. The currently existing MRAs covered by Change 1 (CH-1) to NVIC 08-04, Guide to Marine Equipment Approvals Covered by U.S.-European Community (US-EC) MRA & By U.S.-European Economic Area-European Free Trade Association (US-EEA EFTA) MRA (available online at
http://www.uscg.mil/hq/cg5/nvic/pdf/2004/08-04change1.pdf
), cover a broad range of marine products, including fire

protection equipment. The proposed rules would apply to all equipment approval series covered by any implemented MRA. There are currently two MRAs to which the U.S. is a party: (1) U.S./EC MRA, signed on February 27, 2004, and (2) U.S./EEA-EFTA MRA, signed on October 17, 2005. Under these two MRAs, a manufacturer may obtain Coast Guard approval for items identified in the MRA from an EC or EEA-EFTA “Notified Body.” Conversely, a European approval and wheelmark (a unique mark given to products approved under the European Marine Equipment Directive in the EC and EEA-EFTA countries) for the product may be issued by the Coast Guard.

In the proposed § 159.003-1, we state the purpose of the proposed new subpart is to implement MRAs. In proposed § 159.003-3, we clearly state that products approved and given Coast Guard approval numbers by other nations under the MRA guidelines are to be considered approved and may be used in any location that requires a Coast Guard-approved product. We specify the process for obtaining mutual approval from the Coast Guard for other nations in an MRA in proposed §§ 159.003-5 and 159.003-7. Proposed § 159.003-9 identifies the location of a list of products approved under current MRAs. Finally, we propose to add definitions related to this topic in § 159.001-3.

2. Approval Series

We propose to codify the standards and procedures currently used to obtain Coast Guard approval for fire protection equipment and components required on SOLAS ships in 46 CFR subchapter Q. We propose to create new subparts 164.105 through 164.207 to correspond to the product approval series numbers as identified in Table 3. The proposed new subparts would require testing the product in accordance with the IMO 2010 Fire Test Procedures Code (FTP Code), which entered into force internationally on July 1, 2012. The 2010 FTP Code provides guidelines for testing and approving fire protection materials for use on SOLAS ships, and includes tests for non-combustibility, smoke and toxicity generation, flame spread, and fire endurance evaluation. While the Coast Guard does have regulations in place for testing and approving some of these products for domestic vessels, SOLAS requires that the products be tested using the FTP Code standards and approved by a vessel's flag state administration. This means that U.S.-flagged vessels with SOLAS certificates must use products that have Coast Guard approval to the SOLAS/FTP Code requirements. Therefore, we propose the new approval series under which manufacturers may obtain Coast Guard approval, and U.S. vessels may use these approved products under the corresponding approval series to satisfy SOLAS requirements. Table 3 contains a list of the proposed new subparts and approval series numbers; fire protection equipment or material product name; and type of FTP Code test required for Coast Guard approval.

Table 3—Proposed New Approval Series Requiring Use of FTP Code

Proposed subpart & approval series
Product name
Test method required

164.105
Deck Assemblies (A-60) (SOLAS)
FTP Code, Annex 1, Part 1 for components and Part 3 for the entire bulkhead.

164.106
Primary Deck Coverings (SOLAS)
FTP Code, Annex 1, Parts 2 and 6.

164.107
Structural Insulation (A-60) (SOLAS)
FTP Code, Annex 1, Part 1 for components and Part 3 for the entire bulkhead.

164.108
Bulkhead Panels (B-0 And B-15) (SOLAS)
FTP Code, Annex 1, Part 1 for components and Part 3 for the entire bulkhead.

164.109
Non-combustible Materials (SOLAS)
FTP Code, Annex 1, Part 1.

164.110
Continuous Ceilings (B-0 and B-15) (SOLAS)
FTP Code, Annex 1, Part 1.

164.111
Draperies, Curtains and Other Suspended Textiles (SOLAS)
FTP Code, Annex 1, Part 7.

164.112
Interior Finishes (SOLAS)
FTP Code, Annex 1, parts 2 and 5.

164.117
Floor Finishes (SOLAS)
FTP Code, Annex 1, Parts 2 and 5.

164.136
Fire Doors (SOLAS)
FTP Code, Annex 1 Part 5 for components and Part 3 for the total door.

164.137
Windows
FTP Code, Annex 1, Part 3, Appendix 1 of Part 3 and hose stream test in IMO Resolution A.754(18).

164.138
Fire Stops (Penetration Seals) (SOLAS)
FTP Code, Annex 1, Part 3 and Appendix A.III and A.IV of IMO Resolution A.754(18).

164.139
Dampers (SOLAS)
FTP Code, Annex 1, Part 3 and Appendix A.II of Resolution. A.754 (18).

164.142
Bedding Components (SOLAS)
FTP Code, Annex 1, Part 9.

164.144
Upholstered Furniture (SOLAS)
FTP Code, Annex 1, Part 8.

164.146
Fire Door Control Systems (SOLAS)
FTP Code, Annex 1, Part 4.

164.201
Fire Restricting Materials For High-Speed Craft
FTP Code, Annex 1, Part 10.

164.207
Fire-Resisting Divisions For High-Speed Craft
FTP Code, Annex 1, Part 11.

The Coast Guard also proposes to codify an existing SOLAS standard into a new approval series under new subpart 46 CFR 162.163, titled “Portable Foam Applicators,” in order to detail the approval requirements for portable foam applicators. Portable foam applicator units are a combination of portable foam nozzles and a supply of foam liquid concentrate, and are required in certain applications by SOLAS. Under the proposed rule, to receive Coast Guard approval of a portable foam applicator, the nozzle and the foam concentrate would have to be tested together for compliance with applicable sections of UL 162, Foam Equipment and Liquid Concentrates, Seventh Edition. UL 162 details the construction and performance requirements for equipment and liquid concentrates used in firefighting foam systems.

We also propose adding new subpart 46 CFR 164.141 for non-metallic piping systems. As discussed previously, we propose changes to 46 CFR 56.60-25 to require that plastic pipe be Coast Guard-approved. Currently, plastic pipes that comply with the fire and material

strength standards identified in § 56.60-25, but do not have a COA, may be used on inspected vessels, which is inconsistent with other subchapters that specifically indicate that a product must have a Coast Guard approval. This means vessel owners, builders, or outfitters must provide documentation to the Coast Guard verifying that, for each installation of plastic pipe, the pipes meet the requirements of § 56.60-25. In connection with the proposed change to § 56.60-25, requiring plastic pipe be Coast Guard approved, we are proposing this new subpart to add the approval series detailing plastic pipe requirements. This new approval series would eliminate the burden on vessel owners, builders, and outfitters of providing case-by-case documentation to the Coast Guard, and instead there would be plastic pipe available in the market place that is already tested and marked as Coast Guard approved. Manufacturers are already testing to these standards. This proposed change allows industry to use the pipe without further documentation.

Proposed new subpart 164.141 codifies the testing guidance in current Coast Guard Policy File Memorandum (PFM) 1-98 (available in the docket as described under
ADDRESSES
above), Policy File Memorandum on the Fire Performance Requirements for Plastic Pipe per IMO Resolution A.753(18). The Coast Guard created an approval series for plastic pipes based on PFM 1-98 to make the selection of pipes easier for designers, and so that manufacturers could have their pipes reviewed and type-approved by the Coast Guard for use on vessels required to meet the requirements of § 56.60-25. PFM 1-98 has been used to successfully establish approval, testing, and acceptance procedures for 37 different plastic pipe systems, each having a range of approved sizes. The proposed rule would supersede PFM 1-98 which would no longer be necessary in light of the proposed new approval series for plastic pipes.

We propose to amend the existing approval series at 46 CFR subpart 162.027 for fire hose nozzles used on domestic vessels. This proposed change would explicitly require fire hose nozzles to be of brass or bronze, except for hardware and other incidental parts, which may be of rubber, plastic, or stainless steel. Although, we currently do not specify the materials for construction of fire hose nozzles in the subpart for the fire hose nozzles approval series, we have historically established policy to only approve fire hose nozzles which are made from brass or bronze because of these materials' proven durability in marine environments. We would also add NFPA 1964, Standard for Spray Nozzles, 2008 as an alternative standard to which fire hose nozzles may be approved. Currently, this approval series only permits fire hose nozzles approved by the Coast Guard in accordance with ASTM F 1546. Approved manufacturers have indicated that NFPA 1964, which details construction requirements and performance and testing procedures of firefighting nozzles, is more commonly used in the fire protection equipment industry to certify nozzles.

NFPA 1964 also requires a follow-up (production quality control) program to ensure that manufacturers produce nozzles as designed, tested, and approved, but does not specify such program. Typically, follow-up programs for Coast Guard-approved equipment are administered by the independent laboratory that conducted initial testing for product approval as discussed in NVIC 2-06, Follow up Programs for Fire Safety Type-Approved Products (available online at
http://www.uscg.mil/hq/cg5/nvic/pdf/2006/NVIC%2002-06.pdf
). The focus of a follow-up program is to ensure that manufacturers making fire protective materials such as fire retardant carpets continue to make products to the same standards as those that were tested for approval. Follow-up programs include testing of random product samples to ensure manufacturing precision. Follow-up programs are important for the types of products covered in NVIC 2-06, since minor changes in production can affect the fire protective qualities of the finished product. For example, the under-application of a fire retardant chemical into a textile would reduce the fire protective qualities of carpet. However, for fire hose nozzles, performance of the final product is much less dependent on small production changes; therefore, the use of a certified quality-control procedure such as the International Organization for Standardization (ISO) 9001 configuration control, which is focused on ensuring the manufacturer consistently follows internal and external policies in production, is also appropriate. We propose in subpart 162.027 to allow the use of ISO 9000 configuration control as an alternative to a follow-up program administered by an independent laboratory. In the past, we have allowed the less restrictive use of ISO 9000 for specific and appropriate situations.

We have determined that the SOLAS standards for these materials provide an equivalent level of safety to our requirements. Therefore, in addition to the proposed new and updated approval series, we propose amending our regulations to indicate that certain fire protection equipment and materials approved under approval series that use international standards for SOLAS ships can be used in the place of the products approved under the U.S. requirements, without restriction. See proposed 46 CFR 164.006-6, 164.007-10, 164.008-8, 164.009-26, and 164.012-16. These proposed changes would allow products approved to meet the international standards to be considered equivalent to those products approved as meeting the U.S. requirements. The proposed changes, however, do not allow products meeting the domestic standards to be used in place of those requiring international approvals.

3. FTP Code Test Laboratories ISO/IEC 17025 Certified

On July 1, 2012, the 2010 FTP Code entered into force internationally. The 2010 FTP Code requires that laboratories use a quality control program based on ISO/IEC 17025. This standard is used throughout the world, including by our currently accepted and recognized laboratories, as a means to ensure that the testing of products is conducted in a consistent, appropriate, repeatable, and professional manner.

We propose to amend 46 CFR 159.010-3, titled “Independent Laboratory: Standards for Acceptance” to require that all Coast Guard accepted independent laboratories testing products to the FTP Code be accredited to ISO/IEC 17025: 2005, which specifies the general requirements for the competence of testing and calibration laboratories. This proposed requirement would fulfill U.S. obligations as a signatory to SOLAS. The FTP Code, which details the technical requirements necessary to satisfy SOLAS requirements and must be adhered to by SOLAS signatories, specifically requires that independent laboratories be accredited to ISO/IEC 17025: 2005.

E. Administrative Changes

1. Correcting Metric Conversions

In 46 CFR subchapter K (§ 118.410) and T (§ 181.410), we propose to correct the metric volume factors used for calculating the required quantity of CO
2
for a fixed fire extinguishing system. The existing regulations provide volume factors for systems protecting enclosed ventilation systems for rotating electrical propulsion equipment and cargo spaces. The values for imperial calculations are correct. The metric values, however, are incorrect, and

using them results in a significantly smaller required volume of CO
2
. The imperial values align with our other regulations (See 46 CFR 95.15-5) as well as the industry standard for CO
2
extinguishing systems, NFPA 12: 2011, for similar hazard locations. Because designs of these systems are reviewed by the Marine Safety Center or local Officer-in-Charge, Marine Inspection (OCMI), plans for vessels built in the U.S. are nearly always drawn using imperial numbers, and because the use of the metric values would yield inappropriately small amounts of required agent that any experienced system designer would recognize as faulty, we are confident that any incorrect use of the metric values would have been corrected during plan review. Therefore, we do not believe there are existing vessels' systems that have been designed and installed with incorrect amounts of extinguishing agent.

Similarly, in 46 CFR subchapter K (§ 114.400) and subchapter T (§ 175.400), we propose to adjust the definition of “open to the atmosphere,” in both subchapters to correct an improper conversion from imperial to metric units. The definition includes metric equivalents for the requirements that indicate that a space open to the atmosphere is one that has at least 15 square inches of open area exposed to the atmosphere for every cubic foot of volume of the space. This is the desired ratio and matches the definition of “open to the atmosphere” that the Coast Guard uses in 33 CFR 183.605. However, the metric equivalent given in the regulations is incorrect and produces a result that is smaller than it should be. Because designs for vessels built to these regulations are reviewed by the Marine Safety Center or local OCMI, and plans for vessels built in the U.S. are nearly always drawn using imperial numbers, we are confident that any incorrect use of the metric values would have been corrected during plan review, therefore, we do not believe that any existing vessels were constructed and outfitted based on these erroneous values and thus no existing vessels would need to be retrofitted.

2. Moving Regulations From 46 CFR 181.400 to 181.405

The existing regulations at § 181.400 contain the requirements for both fire extinguishing systems and fire detection systems on small passenger vessels regulated under 46 CFR subchapter T. We propose to separate, for clarity, these requirements by removing the regulations for fire detection systems in § 181.400(c) through (g) and moving these regulations to proposed new § 181.405(a) through (e). Further, we propose to amend the title of § 181.400 to “Spaces required to have fixed fire extinguishing systems,” in order to clarify that this section would contain the requirements for fire extinguishing systems only.

3. Addition of Omitted Statutory Authority Citation

Section 1509 of Title 33, U.S.C. authorizes regulations for safety equipment relating to the promotion of safety of life and property in deepwater ports. Subchapter NN of Title 33 CFR contains regulations establishing warning devices and safety equipment requirements, as well as other matters that relate to the promotion of safety of life and property. However, the list of authorities for these regulations does not contain this statutory authority. For clarity, we propose adding 33 U.S.C. 1509 to the list of authorities contained in 33 CFR Subchapter NN, part 148.

4. Editorial and General Clarifying Changes

Lastly, we propose making corrections and editorial, organizational, and clarifying amendments. These proposed changes will have no substantive effect on the public.

F. Preemption of State and Local Law

The Coast Guard conducted a federalism analysis as part of this rulemaking in order to ensure compliance with Executive Order 13132. Section
VII.E., “Federalism,”
discusses legal principles of preemption and the federalism implications of the proposed rule that have a substantial direct effect on the 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, as required by Executive Order 13132. In addition to conducting the federalism analysis, the Coast Guard must also comply with President Obama's memorandum titled “Preemption,” issued on May 20, 2009, which instructs the heads of executive departments and agencies to include preemption language within the codified regulation if the regulation is intended to preempt state law. The memorandum also orders heads of executive departments and agencies to include the preemption provisions only if the provisions were justified under legal principles, including those discussed in Executive Order 13132.

This rulemaking proposes to revise existing regulations and issue new ones that preempt state and local regulation with regard to fire protection, detection, and extinguishing equipment on several types of vessels, including inspected vessels, uninspected vessels, uninspected commercial fishing vessels, towing vessels, deepwater ports, MODUs, and OCS facilities. The Coast Guard, therefore, proposes to add language to the regulatory text indicating what specific regulations have preemptive effect over State or local law within the same field. During our federalism analysis, we analyzed whether preemptive principles applied to each part, subpart, and section that is affected by this rulemaking. The Coast Guard ultimately determined, however, that uniformity and clarity of the preemptive effect of our regulations over State or local law could be achieved if the preemption language was inserted for other sections not affected by this rulemaking, but that do indeed preempt State or local laws

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2013-29863. Public record. Not legal advice.