Vol. 77 Thursday, No. 110 June 7, 2012

Part III

Department of Homeland Security

Coast Guard 46 CFR Parts 25, 27, 28, et al. Carbon Dioxide Fire Suppression Systems on Commerical Vessels; Final Rule

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DEPARTMENT OF HOMELAND call Renee V. Wright, Program Manager, mandates regulations, including fire SECURITY Docket Operations, telephone 202–366– protection regulations, for vessels 9826. carrying liquid bulk dangerous cargoes; Coast Guard SUPPLEMENTARY INFORMATION 46 U.S.C. 4102 authorizes regulations, after consultation with the Towing 46 CFR Parts 25, 27, 28, 31, 34, 35, 62, Table of Contents for Preamble Safety Advisory Committee (TSAC), for 71, 76, 78, 91, 95, 97, 107, 108, 112, 115, I. Abbreviations fire protection and suppression 118, 119, 122, 131, 132, 147, 162, 167, II. Regulatory History measures on towing vessels; 46 U.S.C. 169, 176, 181, 182, 185, 189, 190, 193, III. Basis and Purpose 4302 authorizes safety equipment 194, and 196 IV. Background regulations for recreational vessels; and V. Discussion of Comments and Changes 46 U.S.C. 4502 mandates fire [USCG–2006–24797] VI. Incorporation by Reference VII. Regulatory Analyses extinguisher regulations for some RIN 1625–AB44 A. Regulatory Planning and Review uninspected commercial fishing vessels B. Small Entities and authorizes safety equipment Carbon Dioxide Fire Suppression C. Assistance for Small Entities regulations for certain other Systems on Commercial Vessels D. Collection of Information uninspected commercial fishing vessels. E. Federalism The purpose of this final rule is to AGENCY: Coast Guard, DHS. F. Unfunded Mandates Reform Act advance the Coast Guard’s strategic ACTION: Final rule. G. Taking of Private Property H. Civil Justice Reform goals of marine safety and maritime SUMMARY: The Coast Guard is amending I. Protection of Children mobility, by clarifying and codifying the the current regulations for fire J. Indian Tribal Governments requirements for fire suppression suppression systems on several classes K. Energy Effects systems that use carbon dioxide (CO2) of commercial vessels. The amendments L. Technical Standards alternatives, and by requiring lockout M. Environment clarify that approved alternatives to valves and odorizers to improve safety carbon dioxide systems may be used to I. Abbreviations on certain vessels that use carbon dioxide fire suppression systems. protect some spaces on these vessels, CFR Code of Federal Regulations and set general requirements for DHS Department of Homeland Security IV. Background alternative systems. Additionally, EPA U.S. Environmental Protection Agency This discussion is adapted from Parts certain new carbon dioxide systems FR Federal Register must be equipped with lockout valves FSS IMO’s International Code for Fire III and IV of our NPRM. See 75 FR 8432, and odorizing units to protect persons Systems Safety 8433. after a carbon dioxide discharge. By IMO International Maritime Organization Carbon dioxide (CO2) systems are requiring these features on carbon MODU Mobile offshore drilling unit suitable for suppressing or MSC Coast Guard Marine Safety Center extinguishing fires in certain vessel dioxide systems and by making a wider NEPA National Environmental Policy Act range of fire suppression systems spaces. They work by flooding spaces of 1969 with CO . CO flooding deprives a fire available, the regulations advance the NFPA National Fire Protection Association 2 2 Coast Guard’s strategic goals of NPRM Notice of proposed rulemaking of the oxygen it needs to burn, but these promoting marine safety and maritime NTTAA The National Technology Transfer same systems have also killed people on mobility. and Advancement Act U.S. military vessels and foreign flag OMB Office of Management and Budget vessels who were in CO2-protected DATES: This final rule is effective July 9, SOLAS 74 International Convention for the spaces when the odorless CO2 gas was 2012. The incorporation by reference of Safety of Life at Sea, 1974 discharged accidentally, or without certain publications listed in the rule is TSAC Towing Safety Advisory Committee adequate warning to evacuate. This final approved by the Director of the Federal UL Underwriters Laboratory rule addresses that risk by requiring U.S.C. United States Code Register on July 9, 2012. lockout valves (‘‘lockouts’’) and ADDRESSES: Comments and material II. Regulatory History odorizing units (‘‘odorizers’’) for most received from the public, as well as On February 24, 2010, we published new CO2 systems, specifically those documents mentioned in this preamble a notice of proposed rulemaking entitled installed or altered after July 9, 2013. as being available in the docket, are part ‘‘Carbon Dioxide Fire Suppression (‘‘Altered’’ means modified or of docket USCG–2006–24797 and are Systems on Commercial Vessels’’ in the refurbished beyond the maintenance available for inspection or copying at Federal Register (75 FR 8432). We required by the manufacturer’s design, the Docket Management Facility (M–30), received 18 comments on the proposed installation, operation and maintenance U.S. Department of Transportation, rule. No public meeting was held. manual.) West Building Ground Floor, Room New CO2 systems protecting spaces W12–140, 1200 New Jersey Avenue SE., III. Basis and Purpose containing more than 6,000 cubic feet Washington, DC 20590, between 9 a.m. The basis of this final rule is the will need lockout valves. The lockout and 5 p.m., Monday through Friday, Secretary of Homeland Security’s must be locked in the ‘‘off’’ position except Federal holidays. You may also regulatory authority under the following during maintenance or testing of a CO2 find this docket on the Internet by going statutes. In all cases, the Secretary has system, to prevent its accidental to http://www.regulations.gov, inserting delegated this authority to the Coast discharge during those times of USCG–2006–24797 in the ‘‘Keyword’’ Guard through Delegation No. heightened risk to personnel. box, and then clicking ‘‘Search.’’ 0170.1(92). Section 3306 of Title 46, All new CO2 systems will need FOR FURTHER INFORMATION CONTACT: If United States Code (U.S.C.) mandates odorizers. In the event of a discharge, you have questions on this rule, call or the issuance of vessel equipment the odorizer will inject a wintergreen email LCDR Suzanne Hemann, CG– regulations for Coast Guard-inspected scent that will linger as long as harmful 5214; telephone 202–372–1356, email vessels and the issuance of structural amounts of the discharged gas are [email protected]. If you fire protection regulations for small present, to alert personnel to that have questions on viewing the docket, passenger vessels; 46 U.S.C. 3703 presence.

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Existing Coast Guard regulations We would like to spread public This should reduce regulatory burden require CO2 systems in certain spaces on awareness that these alternatives exist. and potentially increase the use of these towing vessels, tank vessels, cargo and We have approved many alternative alternative systems. miscellaneous vessels, mobile offshore systems as ‘‘regulatory equivalents’’ to The following table lists the parts drilling units (MODUs), offshore supply CO systems, but the process for 2 within 46 CFR that are affected by the vessels, public nautical school ships, requesting and granting an equivalency final rule and the specific sections we and large passenger vessels determination can be burdensome and (‘‘Subchapter H’’ vessels); we allow time-consuming both for regulated are amending. The foregoing discussion their use on smaller ‘‘Subchapter K’’ entities and for the Coast Guard. We provides a general summary of the and ‘‘Subchapter T’’ passenger vessels want to update our regulations so that changes. When additional information as well. In recent years, fixed the clean agent systems we have is required, it appears in the table in extinguishing systems using ‘‘clean routinely been approving can be used by parentheses. The table omits any agents’’ have been developed that are regulated entities to comply with Coast discussion of numerous minor and non- comparable to CO2 systems in their Guard fire suppression requirements, substantive style, format, or wording ability to suppress fires, but that do not without the need for obtaining changes that we are proposing solely to pose the same risks to persons onboard. individual equivalency determinations. improve the clarity of our regulations.

TABLE 1—CHANGES TO 46 CFR

46 CFR part and topic 46 CFR sections affected (& comments)

25—Uninspected vessels ...... 25.30–1 (preemption; see part VII.E of this preamble), 25.30–15 (remove paragraph designa- tions and remove redundant second paragraph). 27—Towing vessels ...... 27.100 (preemption; see part VII.E of this preamble), 27.101. 28—Commercial fishing industry vessels ...... 28.30 (preemption; see part VII.E of this preamble), 28.825. 31, 34, 35—Tank vessels ...... 31.01–1 (preemption; see part VII.E of this preamble), 31.10–18 (remove flow test requirement in para. (f)), 34.01–1 (preemption), 34.01–15 (incorporation by reference), 34.05–5, 34.15– 50 (new), 34.15–60 (new), 35.01–2 (new; preemption), 35.40–7, 35.40–8 (new), 35.40–10. 62—Marine engineering, vital systems automa- 62.01–1 (preemption; see part VII.E of this preamble), 62.25–20. tion. 71, 76, 78—Subchapter H passenger vessels 71.01–1/71.01–2 (new/redesignation; preemption; see part VII.E of this preamble), 71.20–20, (>/=100 gross tons). 71.25–20, 71.65–5, 76.01–1 (preemption), 76.05–1, 76.10–5, 76.15–50 (new), 76.16–60 (new), 78.01–1 (preemption), 78.47–9, 78–47.11 (new), 78.47–17. 91, 95, 97—Cargo & miscellaneous vessels ..... 91.01–1/91.01–2 (new/redesignation; preemption; see part VII.E of this preamble), 91.20–20, 91.25–20, 91.55–5, 95.01–1 (preemption), 95.01–2 (incorporation by reference), 95.05–10, 95.10–5, 95.15–5 (lengthen discharge time from 2 to 10 min. for spaces specially suitable for vehicles to provide greater safety margin and meet the International Maritime Organiza- tion’s Safety of Life at Sea (SOLAS) requirements), 95.15–30 (provide for nitrogen pilot cyl- inders), 95.15–50 (new), 95.15–60 (new), 95.16–1—95.16–90 (new; based on current sub- part 95.15, modified and reorganized), 97.01–1 (preemption), 97.37–9, 97.37–11 (new), 97.37–13. 107, 108—Mobile offshore drilling units ...... 107.01–1 (preemption; see part VII.E of this preamble), 107.231, 107.235, 108.102 (new; pre- emption), 108.444 (new), 108.446 (new), 108.626 (new), 108.627 , 108.631. 112—Electrical engineering, emergency lighting 112.05–1 (preemption; see part VII.E of this preamble), 112.15–5. & power systems. 115, 118, 119, 122—Subchapter K passenger 115.1 (new; preemption; see part VII.E of this preamble), 115.810, 118.115 (preemption), vessels (<100 gross tons & >150 passengers 118.410, 119.100 (preemption), 119.710, 122.115 (preemption), 122.612. or >49 overnight passengers). 131, 132—Offshore supply vessels ...... 131.100 (new; preemption; see part VII.E of this preamble), 131.815, 131.817 (new), 131.825, 132.100 (preemption), 132.350. 147—Hazardous ships’ stores ...... 147.1 (preemption; see part VII.E of this preamble), 147.7 (incorporation by reference), 147.45 (non-substantive change), 147.60 (non-substantive change), 147.66 (new), 147.67 (new). 162—Engineering equipment ...... 162.017–1 (preemption; see part VII.E of this preamble), 162.161–1—162.161–9 (new). 167—Public nautical school ships ...... 167.01–5 (preemption; see part VII.E of this preamble), 167.45–1, 167.45–45, 167.55–5. 169—Sailing school vessels ...... 169.101 (preemption; see part VII.E of this preamble), 169.247, 169.564, 169.570 (new), 169.571 (new), 169.732, 169.734. 176, 181, 182, 185—Subchapter T passenger 176.1 (new; preemption; see part VII.E of this preamble), 176.810, 181.115 (preemption), vessels (<100 gross tons &

V. Discussion of Comments and trade groups associated with vessel requested a public meeting to discuss Changes operators, two represented other the NPRM; we did not grant that request businesses, one was a fire protection because it was unsupported by any We received 18 written comments association, one was from an individual discussion of how a meeting might be from 17 sources (one commenter employed by a Federal agency, and two beneficial. provided duplicate comments). Of the 17 commenters, seven were individuals did not indicate any particular We also received one comment almost or firms that operate vessels, four were affiliation. One of the commenters a year after the close of the comment

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period. The commenter, a manufacturer, under the laws of a foreign nation has classes, we think the risk of inadvertent said our regulations should allow a choice of design and equipment CO2 system discharge is common to all electric release clean agent fire standards with which it must comply classes and requires a uniform suppression systems in addition to when operating on the U.S. Outer regulatory approach. Furthermore, manual and pneumatic release systems. Continental Shelf. It may comply with while alarms provide advance warning Although we are not required to Coast Guard regulations in 46 CFR part of an imminent discharge, they do not respond to late comments, in this case 108, which, as amended by this final provide similar protection after a we acknowledge the merit of the rule, include the lockout and odorizer discharge when pockets of CO2 can pose suggestion and will consider it either in requirements for CO2 systems. It may a serious risk of fatality. Similarly, a future rulemaking or as a type of comply with the documenting nation’s lockouts provide better protection than system we could approve as providing standards, if it applies for and receives alarms in scenarios where evacuation is safety equivalent to systems meeting a Coast Guard determination that those not feasible despite the advance regulatory requirements. standards provide an equivalent or warning provided by alarms. Scope of the rule. Three commenters greater level of safety. In the case of CO2 We acknowledge that our lockout and asked questions about or commented on system lockout and odorizer odorizer requirements may not the scope of this rulemaking. One requirements, an equivalency eliminate the risk of casualties related to expressed the hope that it is not determination may be given after an CO2 exposure, but we believe they will intended to force companies to remove applicant demonstrates that the foreign reduce that risk. CO2 exposure is a existing fixed carbon dioxide systems nation’s standards require some type of potential health hazard recognized by and install inferior semi-portable fire lockout and odorizer or alternative government agencies like the National extinguishers, which the commenter means of providing an equivalent level Institute of Occupational Safety and regarded as less safe than fixed systems. of safety, though they need not be Coast Health (see their publication NIOSH 76– We are not requiring the removal of any Guard-approved equipment. Finally, the 194, ‘‘Criteria for a Recommended existing system. We are providing a foreign MODU may comply with the Standard—Occupational Exposure to regulatory structure for CO2 alternative International Maritime Organization’s Carbon Dioxide,’’ available at http:// (clean agent) systems, and requiring Code for Construction and Equipment of www.cdc.gov/niosh/76-194.html) and some minimal protective measures for Mobile Offshore Drilling Units, which the Environmental Protection Agency new CO2 systems. does not require lockouts or odorizers (EPA), and by industry groups like the A second commenter inferred that a for CO2 systems. National Fire Prevention Association carbon dioxide lockout would need to Need for the rule. Ten commenters (NFPA). Internationally, 19 incidents be activated even at times when the CO2 questioned the need for various aspects since 1980, involving 55 deaths and at system is not undergoing maintenance. of this rule. Four commenters least 29 injuries, indicate the reality and Our intention is for the lockout only to questioned the overall need, focusing extent of the risk with respect to marine be activated when the CO2 system is primarily on the lockout and odorizer CO2 fire suppression systems. To the being tested or maintained, and we have requirements. Typical of these four extent U.S. vessels are equipped with modified the regulatory text to make commenters was the remark: those systems, we think they share in this clearer. ‘‘retrofitting the numerous and that risk. The second commenter also asked extremely diverse vessel population this Two commenters questioned the need questions about our proposed lockout rule would impact would be much more for lockout or odorizer requirements on exception for spaces smaller than 6,000 costly than [the Coast Guard’s] analysis passenger or towing vessels, which are cubic feet. In the NPRM, we proposed indicates and would provide a marginal already required by Coast Guard limiting that exception to those small safety advantage, if any.’’ In the NPRM, regulations to have central alarms that spaces that provide a means of we proposed applying those sound in advance of a carbon dioxide horizontal escape, like spaces with requirements to all vessels, which discharge. Lockouts and odorizers walk-in/walk-out access. We have would have required retrofitting for provide protection that alarms and decided, for the final rule, to extend the existing vessels. In the final rule, we discharge delays cannot. The lockout is exception to all spaces smaller than have eliminated the provisions that a positive control to prevent discharge 6,000 cubic feet, whether or not they would have required retrofitting, into protected spaces during provide horizontal escape routes. Not all thereby significantly reducing costs and maintenance and testing, when any small spaces provide walk-in/walk-out eliminating the disagreement raised by other safety control or method may be access, but in most cases the small space this commenter. Seven commenters said turned off or potentially misaligned. is protected by a CO2 system that we had failed to demonstrate a need for Unlike alarms, odorizers are not protects that space alone. The lockouts, and five said we failed to primarily intended to notify persons arrangements for these systems are show the need for odorizers. Many who are in a protected space when CO2 generally less complex as they serve pointed out that lockouts would not is inadvertently discharged. The odor only one space, and are thus, less likely have prevented many of the reported allows crewmembers to positively to discharge inadvertently during carbon dioxide-related casualties in identify where the gas has lingered in system maintenance and testing. recent years, and that we cited no protected spaces or migrated to other The third commenter asked if we studies to show that odorizers would spaces after an intentional or intend for the rule to apply to foreign- provide better protection than the inadvertent release. This is important, flagged mobile offshore drilling units audible and visual alarms that already as CO2 gas is heavier than air and can (MODUs) operating on the U.S. Outer protect most vessels. easily migrate or collect in Continental Shelf under a U.S. In response to these comments, we unanticipated areas even after the Certificate of Compliance. This will not require the retrofitting of spaces have been ventilated naturally or commenter said it would be problematic existing CO2 systems, but we will apply mechanically. to apply U.S. type approvals to non-U.S. the lockout and odorizer requirements Alternative systems. Five commenters manufactured carbon dioxide systems only to new CO2 systems regardless of addressed our proposals for CO2 on foreign-flagged MODUs. Under 33 vessel class. Although we have only alternative fire protection systems. One CFR 143.207, a MODU documented limited casualty data for some vessel of the five said that if there are safer

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

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

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odorizers, but we will not require them NPRM. In addition, we further succinct statement of the objectives of, to do so. We acknowledge the new minimized costs in this final rule by and legal basis for, the proposed rule; Executive Order 13563 of January 2011 removing the NPRM requirements for all (3) a description of and, where feasible, (‘‘Improving Regulation and Regulatory existing vessels unless the CO2 system an estimate of the number of small Review’’) that asks Federal regulatory is altered (in which case, that smaller entities to which the proposed rule will agencies to ‘‘tailor regulations to impose subset of vessels would be going apply; (4) a description of the projected the least burden on society, consistent through a refurbishment). We believe reporting, recordkeeping and other with obtaining regulatory objectives, this balance of both reduced costs and compliance requirements of the taking into account, among other things, reduced risks makes this final rule the proposed rule, including an estimate of and to the extent practicable, the costs most effective alternative. We do not the classes of small entities which will of cumulative regulations.’’ In this rule, believe ‘‘no action’’ is an alternative be subject to the requirement, and the we have sought to minimize the given the inherent risks with CO2 fire type of professional skills necessary for cumulative impacts on industry by suppression systems. Coast Guard preparation of the report or record; (5) removing the NPRM requirements for accident data reveal two more recent an identification, to the extent existing vessels unless the CO2 system casualties, from a single incident, that practicable, of all relevant Federal rules is altered. Consequently, in this final were not reflected in our original which may duplicate, overlap or rule we reduced the incremental analysis for the NPRM. Those casualties conflict with the proposed rule; and, cumulative cost to industry from the (crewmembers) recovered, but their under section 603(c) of the Act, a NPRM’s figure of $9.8 million to $2.3 exposure to an accidental release of description of any significant million, a reduction of $7.5 million or carbon dioxide demonstrates that a risk alternatives to the proposed rule which 77 percent over 10 years (using a 7- remains with CO2 fire suppression accomplish the stated objectives of percent discount rate). systems. We have modified the applicable statutes and which minimize Regulatory analysis. One commenter, breakeven analysis for the final rule to any significant economic impact of the an industry association, stated the reflect the revised applicability and proposed rule on small entities. After breakeven analysis is contradicted by reduced cost. The final rule would need performing and documenting this actual experience since the Coast Guard to prevent one fatality every 27 years for analysis, we found that we could certify the benefits of the rule to equal or under 5 U.S.C. 605(b) that this found no CO -related fatalities in the 2 exceed the costs. Regarding the EPA and rulemaking would not have a significant U.S. commercial fleet in 13 years. The NFPA reports, we did not place them on economic impact on a substantial commenter also said we did not account the docket because the EPA report is number of small entities. We solicited for other factors that might have been accessible online at public comments on this finding. We involved in the casualties linked to http://www.epa.gov/ozone/snap/fire/ reviewed our proposed regulation in carbon dioxide discharges, pointing out co2/co2report.pdf and the NPFA reports light of the cost concerns cited by that many casualties occurred on are available free online as read-only commenters, and we have modified the foreign-flagged or naval vessels that documents at http://www.nfpa.org/ regulatory text for the final rule to would not be subject to our rule, and aboutthecodes/ minimize costs to small entities, said we should have included in the AboutTheCodes.asp?DocNum=12. eliminating the need for existing vessels rulemaking docket those NFPA and EPA Timing of implementation. One to meet our lockout and odorizer studies that we discuss in the analysis. commenter criticized as ‘‘inadequate,’’ requirements unless they install or alter We acknowledge that most of the CO2 without further explanation, the a CO2 system. casualties occurred on foreign vessels or NPRM’s proposal for a 5-year phase-in Preemption. Throughout this final naval vessels. However, the hazard and of lockouts and odorizers for existing rule, we have added new text explaining vessel similarities suggest a risk remains carbon dioxide systems. We have the preemptive effect of our regulations. on U.S. flag commercial vessels. The modified these requirements in the final See the ‘‘Federalism’’ discussion in part primary hazard in the incidents rule so that they will not affect existing VII.E of this preamble for a full mentioned above was an unintended or systems, only new CO2 systems. discussion. accidental CO2 release. The breakeven Small business impacts. One Beyond scope of rulemaking. One and uncertainty analysis in the commenter stated that most domestic commenter said carbon dioxide systems preliminary regulatory analysis for the passenger vessels are operated by small should be banned for new and retrofit NPRM acknowledged many of these businesses or small entities. Given installations because of the availability concerns. The breakeven analysis of the absence of documented need for of better alternatives, and that we NPRM (which included all new and application of the proposed rule to this should ban gas-driven alarms and existing fire suppression systems on sector of the maritime industry, the shutdowns in favor of alarms and certain classes of commercial vessels) Coast Guard has a statutory duty to shutdowns that are not gas-driven. A found that the rule would need to more rigorously examine the proposal’s second commenter said the Coast Guard prevent 0.22 fatalities per year to break consequences for small businesses and should routinely hold at least one even, or about one fatality every 4–5 entities. In the NPRM and its supporting public meeting in connection with any years. By extension, breakeven could be regulatory analysis on the docket, we rulemaking. These suggestions are all achieved by preventing multiple summarized and prepared an initial beyond the scope of this rulemaking, fatalities over longer periods. This regulatory flexibility analysis discussing which seeks only to provide protective analysis did not include the value of the impacts of this proposed rule on measures where carbon dioxide systems potential non-fatal injuries and small entities. We performed this are used, and to provide a regulatory secondary impacts. As this rulemaking analysis as required by the Regulatory structure for CO2 alternative (clean seeks to reduce risk to the crew on Flexibility Act (5 U.S.C. 601–612). As agent) fire suppression systems. vessels with CO2 fire suppression required by section 603(b) of the Act, we systems, the potential value of the provided detailed discussion in VI. Incorporation by Reference avoided damages at risk is quite large in response to the following: (1) A The Director of the Office of the comparison to the relatively minor costs description of the reasons why action by Federal Register has approved the of the proposed safety measures in the the agency is being considered; (2) a material in 46 CFR 34.01–15, 147.7, and

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162.161–2 for incorporation by A. Regulatory Planning and Review quantifying both costs and benefits, of reference under 5 U.S.C. 552 and 1 CFR reducing costs, of harmonizing rules, part 51. Copies of the material are Executive Orders 12866 (‘‘Regulatory and of promoting flexibility. This final available from the sources listed in Planning and Review’’) and 13563 rule is not a significant regulatory action those sections. (‘‘Improving Regulation and Regulatory under section 3(f) of Executive Order Review’’) direct agencies to assess the 12866. The final rule has not been VII. Regulatory Analyses costs and benefits of available regulatory reviewed by the Office of Management alternatives and, if regulation is and Budget. A Final Regulatory We developed this rule after necessary, to select regulatory Analysis is available in the docket as considering numerous statutes and approaches that maximize net benefits indicated under ADDRESSES. A summary executive orders related to rulemaking. (including potential economic, of the Final Regulatory Analysis Our analyses based on 14 of these environmental, public health and safety follows: statutes or executive orders are effects, distributive impacts, and Table 2 summarizes a comparison of presented below. equity). Executive Order 13563 the costs and benefits of the NPRM and emphasizes the importance of the final rule:

TABLE 2—COMPARISON OF IMPACTS BETWEEN NPRM AND FINAL RULE

Category NPRM Final rule Change/reason

Affected population .... • Retrofit systems on existing ves- • No retrofits ...... • Final rule does not include require- sels: 3,204 existing CO2 systems • Lockout valves required for about 2 ments for existing vessels to retrofit would require lockout valves. altered CO2 systems per year for and install lockout values and • New systems on new vessels: 34 existing vessels. odorizers unless the CO2 system is new CO2 systems would require • New systems on new vessels: 53 altered. lockout valves per year. CO2 systems required lockout • Data refreshed for new construction • All existing vessels require valves per year. totals. odorizers for 7,815 CO2 systems. • Odorizers required for about 5 New vessels require odorizers for modified or replaced systems per 46 CO2 systems per year. year for existing vessels. New ves- sels require odorizers for 128 CO2 systems per year. Unit costs that have • Under 2 inches: $1,258 ...... • Under 2 inches: $2,076 ...... • Unit costs increased for lockout changed: Lockout • Over 2 inches: $3,188. • Over 2 inches: $4,925. valves based on data and informa- valves *. tion provided in public comments. Costs (based on 7% • 10-year costs: $9.8 million ...... • 10-year costs: $2.3 million ...... • Cost reduced since final rule does discount rate and • Annualized costs: $1.4 million. • Annualized costs: $233,000 (round- not include requirements for existing 10 year period of ed) vessels to retrofit and install lockout analysis). values and odorizers unless the CO2 system is replaced, altered, or added. • Unit costs increased for lockout valves based on data and informa- tion provided in public comments. However, the increased cost esti- mate for lockout valves is greatly offset by the removal of require- ments for existing vessels as pre- viously discussed. Benefits ...... The primary benefit is the reduction in The primary benefit of this final rule is Final rule scope of benefits is for sys- risk of crew injuries and fatalities re- the reduction in risk of crew injuries tems on new vessels and existing lated to CO2 exposure from fire and fatalities related to CO2 expo- vessels as systems are altered, re- suppression system discharges in sure from fire suppression system sulting in lowering risk reduction. existing vessels and new construc- discharges in refurbished existing While not quantified, the benefits of tion. vessels and new construction. this final rule are reduced compared to the proposed rule since these systems are being phased in more slowly. Regulatory efficiency: Rulemaking for- Regulatory efficiency: Rulemaking for- malizes and codifies Coast Guard malizes and codifies Coast Guard acceptance of alternative fire sup- acceptance of alternative fire sup- pression systems. pression systems. Breakeven analysis ** The NPRM (which included all exist- The final rule would need to prevent As a result of reduced costs, the ing vessels) would need to prevent about .037 fatalities per year or breakeven analysis suggests that it about 0.22 fatalities per year or about one fatality every 27 years for would take very little monetized about 1 fatality every 4–5 years for the benefits of the final rule to equal benefits for the final rule to equal or the benefits of the NPRM to equal or begin to exceed the costs. This begin to exceed costs. Con- or begin to exceed the costs. This analysis does not include the value sequently, there is a 5–7 fold de- analysis did not include the value of of potential non-fatal injuries and crease in mishap frequency needed potential non-fatal injuries and sec- secondary impacts. for the benefits of this rule to equal ondary impacts. or exceed the costs. * These are average unit costs for lockout valves. Final rule unit cost estimates for odorizers did not change since the NPRM.

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

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

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cause fatalities to people who are in increased development and use of these regulatory analysis where indicated CO2-protected spaces when the odorless potentially safer systems. under ADDRESSES. CO gas is discharged accidentally, or The term ‘‘small entities’’ comprises 2 Regulatory Alternatives without adequate warning to evacuate. small businesses, not-for-profit Exposure to an accidental release of We considered three alternatives for organizations that are independently carbon dioxide demonstrates that a risk this rulemaking: owned and operated and are not remains in the regulated fleet covered Alternative One—No action. We dominant in their fields, and by this rule. The danger of CO2 flooding rejected this alternative as unacceptable governmental jurisdictions with can be reduced by the use of lockout since risk would remain under the populations of less than 50,000. valves that are locked ‘‘off’’ when existing regulations. Also, because the The entities affected by this proposed someone is conducting maintenance in current regulations do not specifically rule are generally found under the North the CO2 system as well as the use of address the use of alternative ‘‘clean American Industry Classification odorizers to help the person at risk agent’’ fire suppression systems, there System (NAICS) codes for water detect CO2 discharges. would be continued uncertainty in transportation. The most common In addition, there have been incidents selecting and using these systems as NAICS codes include the following 6- in military and foreign fleets. Due to well as obtaining Coast Guard approval digit NAICS codes for marine these aggregate incidents, we conclude for them. This alternative was rejected transportation: 483212–Coastal and that some (unquantifiable) risk remains for both the NPRM and the final rule. Great Lakes Freight Transportation, present. Given this situation, wherein Alternative Two—Ban the use of CO2 487210–Scenic and Sightseeing Water we are not able to quantify the fire suppression systems. While a risk Transportation, and 532411– remaining risk and risk reduction for the exists, a complete prohibition of CO2 Commercial Air, Rail, and Water purposes of this rulemaking, we used a systems could require a complete Transportation Equipment Leasing. A ‘‘breakeven analysis’’ to understand the retrofit of existing commercial vessels complete listing of the relevant NAICS benefits of this rule. affected and be prohibitively expensive. codes may be found in the NPRM’s This alternative was rejected for both regulatory analysis. We examined In breakeven analysis, we compare the NPRM and the final rule. employment levels and revenue of the the known costs to an estimate of a loss Alternative Three—Amend Coast entities that will be affected by this final to determine a threshold. In safety Guard regulations to clarify that rule and based on the available data; we regulations, it is common to use the approved alternatives to CO2 systems estimate that about 56 percent of entities ‘‘value of a statistical life’’ (VSL) are permissible, to set general affected by the final rule requirements concept to measure a loss. The VSL is parameters for those alternative systems are small under the Regulatory not meant to be an estimate of the actual and for getting them approved, and to Flexibility Act and the SBA size value of a life, but a measure of society’s require the use of lockout valves and standards. willingness to pay to reduce small risks odorizers in all spaces protected by CO2 The final rule’s regulatory analysis of fatalities. Using the annualized costs systems on new and refurbished vessels. used a higher unit cost adjusted as a at a seven percent discount rate over a In our view, this alternative is the best result of comments received on the ten-year period, or $233,320 for the final approach to reducing risk and NPRM. This higher unit cost increased rule, we can compare it to the VSL’s minimizing cost to the marine industry the cost impacts on revenue for affected $6.3 million.1 The final rule would need as we are aware that CO2 generally entities. This did not change our overall to prevent 1 fatality in 27 years, or 0.037 remains the least expensive agent finding from the NPRM that this rule fatalities per year to break even. The available for these systems. did not have a significant economic NPRM (which included all new and Consequently, this alternative was used impact on a substantial number of small existing fire suppression systems on as the basis for the NPRM for new entities. As previously explained, we certain classes of commercial vessels) construction and all existing fire have significantly reduced the scope of would have needed to prevent about suppression systems on certain classes this regulation compared to the 0.22 fatalities per year or about 1 fatality of commercial vessels in a retrofit mode. proposed rule. We estimated the every 4–5 years for the benefits of the After reviewing public comment and proposed rule would have directly NPRM to equal or begin to exceed the considering the amended cost basis, we regulated approximately 400 small costs. The breakeven analysis of the have amended the rules proposed in our entities, while we estimate this final NPRM and final rule did not include the NPRM and will apply this regulation rule will directly regulate only 31 small value of potential non-fatal injuries and only to new or refurbished vessels. This entities. secondary impacts. final rule Alternative Three is a As a result of our analysis of 2010 Finally, a secondary benefit of this modification of the NPRM Alternative MISLE data on new construction vessels rule is the expediting of applications for Three. and refurbishment vessels, we approval of alternative systems. These concluded that small entities likely B. Small Entities systems, using non-CO2 agents, have comprise 56 percent (or approximately been approved on a case-by-case basis Under the Regulatory Flexibility Act 31 unique businesses) of the total for years. The final rule will make these (5 U.S.C. 601–612), we have considered population evaluated. Of these 31 requirements clearer. These qualitative whether this rule would have a businesses, we found revenue data on changes of reducing transaction costs significant economic impact on a 15 entities. The balance of 16 unknown are not easily translated into substantial number of small entities. A size entities was assumed to be small by quantitative cost impacts, so none were final regulatory flexibility analysis SBA standards. Under our methodology, estimated. In addition, the increased discussing the impact of this final rule we assume an entity is small unless we clarity with regards to the requirements on small entities is available in the can find evidence that indicates it is for alternative systems may foster the docket and contained in the final not. We determined that 80 percent of

1 ‘‘Valuing Mortality Risk Reductions in Homeland Security Regulatory Analyses’’, DHS/ CBP, June 2008.

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

TABLE 3—COMPARISON OF NPRM AND FINAL RULE REVENUE IMPACTS

Category NPRM result FR result Change

Small Business Affected ...... 400 31 Applicability of Vessel Groups. 0% ≤ Impact ≤ 1% ...... 84% 80% Unit Cost Increased. 1% < Impact ≤ 3% ...... 16% 13% 3% > Impact ≤ 5% ...... 7%

Total ...... 100% 100% Source: USCG Calculations.

The final rule reduced the impact on The Coast Guard has been approving promulgate rules within this category, the number of small entities affected alternatives to CO2 systems under an preemption is not an issue under since the vessels affected are a much approved collection, OMB Control Executive Order 13132. smaller group of new construction and Number 1625–0035. Satisfactory lockout Under 46 U.S.C. 4102, Congress refurbished vessels and excludes the valve and odorizing unit installation mandated certain uninspected vessels, retrofit vessels originally included in will be confirmed under current Coast defined within 46 U.S.C. Chapter 41, to the NPRM. By reducing the scope of this Guard inspections. be equipped with fire extinguishers that final rule in response to public meet the requirements prescribed by E. Federalism comment, we have reduced the revenue regulation. The Coast Guard, in impact not only on the whole industry, A rule has implications for federalism considering the safety features necessary but on the small entities as well. under Executive Order 13132, to extinguish fires promptly and Therefore, the Coast Guard certifies Federalism, if it has a substantial direct effectively and, to the extent required in under 5 U.S.C. 605(b) that this final rule effect on State or local governments and consultation with the Towing Safety will not have a significant economic would either preempt State law or Advisory Committee, has promulgated impact on a substantial number of small impose a substantial direct cost of regulations requiring certain equipment entities. compliance on them. We have evaluated features for uninspected vessels. These this rule under E.O. 13132 and have regulations do not raise any preemption C. Assistance for Small Entities determined that they are preemptive of concerns under Executive Order 13132 Under section 213(a) of the Small State law or regulation in that Congress since States may not promulgate rules Business Regulatory Enforcement intended the Coast Guard to regulate the within this category of uninspected Fairness Act of 1996 (Pub. L. 104–121), type and design of fire suppression vessels. we offered to assist small entities in systems aboard certain vessels. The Congress mandated the Coast Guard understanding the rule so that they regulations listed in this rulemaking are to promulgate regulations requiring could better evaluate its effects on them promulgated pursuant to 46 U.S.C. safety standards for fire extinguishers and participate in the rulemaking. The 3306, 3703, 4102, 4306, and 4502. aboard uninspected commercial fishing Coast Guard will not retaliate against It is well settled that States may not vessels defined in 46 U.S.C. Chapter 45. small entities that question or complain regulate in categories reserved for Those regulations promulgated under 46 about this rule or any policy or action regulation by the Coast Guard. It is also U.S.C. 4502 require certain features to of the Coast Guard. well settled, now, that all of the make fire extinguishers readily Small businesses may send comments categories covered in 46 U.S.C. 3306, identifiable and accessible in on the actions of Federal employees 3703, 7101, and 8101 (design, accordance with Congress’s mandate. who enforce, or otherwise determine construction, alteration, repair, Because States may not promulgate compliance with, Federal regulations to maintenance, operation, equipping, rules within this category, preemption is the Small Business and Agriculture personnel qualification, and manning of not an issue under Executive Order Regulatory Enforcement Ombudsman vessels) are within the fields foreclosed 13132. and the Regional Small Business from regulation by the States (See the Regulations issued pursuant to 46 Regulatory Fairness Boards. The decision of the Supreme Court in the U.S.C. 4302 are preemptive of State law Ombudsman evaluates these actions consolidated cases of United States v. to the extent outlined in 46 U.S.C. 4306. annually and rates each agency’s Locke and Intertanko v. Locke, 529 U.S. Under 46 U.S.C. 4306, Federal responsiveness to small business. If you 89, 120 S.Ct. 1135 (March 6, 2000)). For regulations establishing minimum safety wish to comment on actions by those regulations promulgated under 46 standards for recreational vessels and employees of the Coast Guard, call 1– U.S.C. 3306 and 3703, Congress directed associated equipment and the 888–REG–FAIR (1–888–734–3247). the Secretary to prescribe regulations procedures and tests established to that would require equipment used in measure conformance with those D. Collection of Information firefighting and fire prevention aboard standards preempt State law, unless the This final rule would not require a certain inspected vessels. Here, the State law is identical to a Federal new collection of information or a Coast Guard is promulgating regulations regulation, or a State is specifically revision to an existing collection of to require enhanced or alternative safety provided an exemption to those information under the Paperwork features on firefighting systems on board regulations, or permitted to regulate Reduction Act of 1995 (44 U.S.C. 3501– inspected vessels defined in 46 U.S.C. marine safety articles carried or used to 3520). The Coast Guard did not receive Chapters 33 and 37, which will improve address a hazardous condition or any COI-related comments to the NPRM. safety. Because States may not circumstance unique to that State.

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Additionally, President Obama’s because it does not have a substantial Approval of Equivalent Fixed Gas Fire- Memorandum of May 20, 2009 titled direct effect on one or more Indian Extinguishing Systems, as referred to in ‘‘Preemption’’ states that ‘‘preemption of tribes, on the relationship between the SOLAS 74, for machinery spaces and State law by executive departments and Federal Government and Indian tribes, cargo pump-rooms’’ and IMO MSC.1/ agencies should be undertaken only or on the distribution of power and Circ. 1267 ‘‘Amendments to the Revised with full consideration of the legitimate responsibilities between the Federal Guidelines for the Approval of prerogatives of the States and with a Government and Indian tribes. Equivalent Fixed Gas Fire-Extinguishing sufficient legal basis for preemption.’’ K. Energy Effects Systems, as referred to in SOLAS 74, for To that end, when a department or machinery spaces and cargo pump- agency intends to preempt State law, it We have analyzed this rule under rooms (MSC/Circ. 848).’’ The remaining should do so only if justified under legal Executive Order 13211, Actions requirements and tests were developed principles governing preemption, Concerning Regulations That by the Coast Guard and used to evaluate including those outlined in Executive Significantly Affect Energy Supply, currently approved carbon dioxide Order 13132, and it should also include Distribution, or Use. We have alternative (clean agent) fire suppression preemption provisions in the codified determined that it is not a ‘‘significant systems. These requirements are energy action’’ under that order because regulation. In accordance with this described throughout the regulations. it is not a ‘‘significant regulatory action’’ memorandum, the Coast Guard has They are used because we did not find under Executive Order 12866 and is not included in the final rule regulatory text voluntary consensus standards that are likely to have a significant adverse effect the statutory provisions granting it applicable to this rule. preemption authority as well as on the supply, distribution, or use of language indicating its intent to preempt energy. The Administrator of the Office M. Environment conflicting state or local regulation, of Information and Regulatory Affairs We have analyzed this rule under when required. has not designated it as a significant energy action. Therefore, it does not Department of Homeland Security F. Unfunded Mandates Reform Act require a Statement of Energy Effects Management Directive 023–01 and The Unfunded Mandates Reform Act under Executive Order 13211. Commandant Instruction M16475.lD, which guide the Coast Guard in of 1995 (2 U.S.C. 1531–1538) requires L. Technical Standards Federal agencies to assess the effects of complying with the National The National Technology Transfer their discretionary regulatory actions. In Environmental Policy Act of 1969 and Advancement Act (NTTAA) particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and (15 U.S.C. 272 note) directs agencies to that may result in the expenditure by a have concluded that this action is one use voluntary consensus standards in State, local, or tribal government, in the of a category of actions that do not their regulatory activities unless the aggregate, or by the private sector of individually or cumulatively have a agency provides Congress, through the $100,000,000 (adjusted for inflation) or significant effect on the human Office of Management and Budget, with more in any one year. Though this rule environment. This rule is categorically an explanation of why using these will not result in such an expenditure, excluded under section 2.B.2, figure standards would be inconsistent with we do discuss the effects of this rule 2–1, paragraph (34) (d) of the Instruction applicable law or otherwise impractical. elsewhere in this preamble. and 6 (a) of the ‘‘Appendix to National Voluntary consensus standards are Environmental Policy Act: Coast Guard G. Taking of Private Property technical standards (e.g., specifications Procedures for Categorical Exclusions, This rule will not cause a taking of of materials, performance, design, or Notice of Final Agency Policy’’ (67 FR private property or otherwise have operation; test methods; sampling 48243, July 23, 2002).’’ This rule taking implications under Executive procedures; and related management involves regulations concerning vessel Order 12630, Governmental Actions and systems practices) that are developed or operation safety standards and Interference with Constitutionally adopted by voluntary consensus regulations concerning equipping of Protected Property Rights. standards bodies. vessels. An environmental analysis This rule uses the following voluntary checklist and a categorical exclusion H. Civil Justice Reform consensus standards: Underwriters determination are available in the This rule meets applicable standards Laboratories (UL) standards UL 2127 docket where indicated under ‘‘Standard for Inert Gas Clean Agent in sections 3(a) and 3(b)(2) of Executive ADDRESSES. Order 12988, Civil Justice Reform, to Extinguishing System Units,’’ and UL minimize litigation, eliminate 2166 ‘‘Standard for Halocarbon Clean List of Subjects ambiguity, and reduce burden. Agent Extinguishing System Units,’’ and National Fire Protection Association 46 CFR Part 25 I. Protection of Children (NFPA) standard 2001 ‘‘Standard on Fire prevention, Marine safety, We have analyzed this rule under Clean Agent Fire Extinguishing Reporting and recordkeeping Executive Order 13045, Protection of Systems.’’ The sections that reference requirements. Children from Environmental Health these standards and the locations where Risks and Safety Risks. This rule is not these standards are available are listed 46 CFR Part 27 an economically significant rule and in the regulatory text for 46 CFR 34.01– Fire prevention, Incorporation by does not create an environmental risk to 15, 147.7, and 162.161–2. reference, Marine safety, Reporting and health or risk to safety that may This rule also uses technical recordkeeping requirements, Vessels. disproportionately affect children. standards other than voluntary consensus standards. The test described 46 CFR Part 28 J. Indian Tribal Governments in the regulatory text in 46 CFR This rule does not have tribal 162.161–6 is in accordance with Alaska, Fire prevention, Fishing implications under Executive Order requirements of the International vessels, Marine safety, Occupational 13175, Consultation and Coordination Maritime Organization, IMO MSC/ safety and health, Reporting and With Indian Tribal Governments, Circ.848 ‘‘Revised Guidelines for the recordkeeping requirements, Seamen.

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46 CFR Part 31 46 CFR Part 119 46 CFR Part 193 Cargo vessels, Marine safety, Marine safety, Passenger vessels. Fire prevention, Marine safety, Reporting and recordkeeping Oceanographic research vessels. requirements. 46 CFR Part 122 46 CFR Part 194 Marine safety, Passenger vessels, 46 CFR Part 34 Penalties, Reporting and recordkeeping Explosives, Hazardous materials Cargo vessels, Fire prevention, requirements. transportation, Marine safety, Incorporation by reference, Marine Oceanographic research vessels. 46 CFR Part 131 safety. 46 CFR Part 196 46 CFR Part 35 Cargo vessels, Fire prevention, Marine safety, Navigation (water), Occupational Marine safety, Oceanographic Cargo vessels, Marine safety, safety and health, Reporting and research vessels, Reporting and Navigation (water), Occupational safety recordkeeping requirements. recordkeeping requirements. and health, Reporting and For the reasons listed in the preamble, recordkeeping requirements, Seamen. 46 CFR Part 132 the Coast Guard amends 46 CFR parts 46 CFR Part 62 Cargo vessels, Fire prevention, Marine 25, 27, 28, 31, 34, 35, 62, 71, 76, 78, 91, safety, Reporting and recordkeeping 95, 97, 107, 108, 112, 115, 118, 119, 122, Reporting and recordkeeping requirements. 131, 132, 147, 162, 167, 169, 176, 181, requirements, Vessels. 182, 185, 189, 190, 193, 194, and 196 as 46 CFR Part 147 46 CFR Part 71 follows: Hazardous materials transportation, Marine safety, Passenger vessels, Incorporation by reference, Labeling, PART 25—REQUIREMENTS Reporting and recordkeeping Marine safety, Packaging and ■ 1. The authority citation for part 25 requirements. containers, Reporting and recordkeeping continues to read as follows: 46 CFR Part 76 requirements. Authority: 33 U.S.C. 1903(b); 46 U.S.C. Fire prevention, Marine safety, 46 CFR Part 162 3306, 4102, 4302; Department of Homeland Passenger vessels. Fire prevention, Incorporation by Security Delegation No. 0170.1. ■ 46 CFR Part 78 reference, Marine safety, Oil pollution, 2. Revise § 25.30–1 to read as follows: Reporting and recordkeeping Marine safety, Navigation (water), requirements. § 25.30–1 Applicability; preemptive effect. Passenger vessels, Penalties, Reporting This subpart applies to all vessels 46 CFR Part 167 and recordkeeping requirements. contracted for on or after November 19, 46 CFR Part 91 Fire prevention, Marine safety, 1952, except that § 25.30–90 of this Reporting and recordkeeping subpart applies to vessels contracted for Cargo vessels, Marine safety, requirements, Schools, Seamen, Vessels. before that date, and the regulations in Reporting and recordkeeping this subpart have preemptive effect over requirements. 46 CFR Part 169 State or local regulations in the same 46 CFR Part 95 Fire prevention, Marine safety, field. Cargo vessels, Fire prevention, Marine Reporting and recordkeeping ■ 3. Revise § 25.30–15 to read as safety. requirements, Schools, Vessels. follows: 46 CFR Part 97 46 CFR Part 176 § 25.30–15 Fixed fire-extinguishing systems. Cargo vessels, Marine safety, Fire prevention, Marine safety, Navigation (water), Reporting and Passenger vessels, Reporting and When a fixed fire-extinguishing recordkeeping requirements. recordkeeping requirements. system is installed, it must be a type approved or accepted by the 46 CFR Part 107 46 CFR Part 181 Commandant (CG–5214) or the Marine safety, Oil and gas Fire prevention, Marine safety, Commanding Officer, U.S. Coast Guard exploration, Reporting and Passenger vessels. Marine Safety Center. recordkeeping requirements, Vessels. 46 CFR Part 182 PART 27—TOWING VESSELS 46 CFR Part 108 Marine safety, Passenger vessels. ■ 4. The authority citation for part 27 Fire prevention, Marine safety, 46 CFR Part 185 continues to read as follows: Occupational safety and health, Oil and gas exploration, Vessels. Marine safety, Passenger vessels, Authority: 46 U.S.C. 3306, 4102, (as Reporting and recordkeeping amended by Pub. L. 104–324, 110 Stat. 3901); 46 CFR Part 112 requirements. Department of Homeland Security Delegation No. 0170.1. Vessels. 46 CFR Part 189 ■ 5. In § 27.100, revise the section 46 CFR Part 115 Marine safety, Oceanographic heading and add paragraph (e) to read Fire prevention, Marine safety, research vessels, Reporting and as follows: Passenger vessels, Reporting and recordkeeping requirements. § 27.100 Applicability; preemptive effect. recordkeeping requirements. 46 CFR Part 190 * * * * * 46 CFR Part 118 Fire prevention, Marine safety, (e) The regulations in this part have Fire prevention, Marine safety, Occupational safety and health, preemptive effect over State or local Passenger vessels. Oceanographic research vessels. regulations in the same field.

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■ 6. In § 27.101, revise paragraphs (1) Authority: 46 U.S.C. 3316, 4502, 4505, PART 31—INSPECTION AND and (3) and add paragraph (4) to the 4506, 6104, 10603; Department of Homeland CERTIFICATION definition of ‘‘Fixed fire-extinguishing Security Delegation No. 0170.1. ■ system’’ to read as follows: ■ 8. In § 28.30, revise the section 10. The authority citation for part 31 continues to read as follows: § 27.101 Definitions. heading and add paragraph (c) to read * * * * * as follows: Authority: 33 U.S.C. 1321(j); 46 U.S.C. Fixed fire-extinguishing system 2103, 3205, 3306, 3307, 3703; 46 U.S.C. § 28.30 Applicability; preemptive effect. Chapter 701; 49 U.S.C. 5103, 5106; E.O. means: * * * * * 12234, 45 FR 58801, 3 CFR, 1980 Comp., (1) A carbon dioxide system that p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 satisfies 46 CFR 76.15 and the system (c) The regulations in this part have Comp., p. 351; Department of Homeland labeling requirements in 46 CFR 78.47– preemptive effect over State or local Security Delegation No. 0170.1. Section 9 and 78.47–11 and that is approved by regulations in the same field. 31.10–21 also issued under the authority of the Commandant; Sect. 4109, Pub. L. 101–380, 104 Stat. 515. ■ 9. Revise § 28.825(b)(2)(iv) to read as * * * * * ■ (3) A manually-operated water-mist follows: 11. In § 31.01–1, revise the section system that satisfies NFPA 750 heading and add paragraph (d) to read § 28.825 Excess fire detection and as follows: (incorporated by reference; see § 27.102) protection equipment. and that is approved by the § 31.01–1 Inspections required—TB/ALL, Commandant; or * * * * * preemptive effect. (4) A clean agent system that satisfies (b) * * * * * * * * 46 CFR 95.16 and the labeling (2) * * * requirements of 46 CFR 97.37–9 and (d) The regulations in this part have 97.37–11 and that is approved by the (iv) The control cabinets or spaces preemptive effect over State or local Commandant. containing valves or manifolds for the regulations in the same field. * * * * * various fire extinguishing systems must ■ 12. In § 31.10–18, revise Table 31.10– be distinctly marked in conspicuous red 18(c) and paragraph (f) to read as PART 28—REQUIREMENTS FOR letters at least 2 inches high: ‘‘[CARBON follows: COMMERCIAL FISHING INDUSTRY DIOXIDE/FOAM/CLEAN AGENT—as VESSELS § 31.10–18 Firefighting equipment: appropriate] FIRE SYSTEM.’’ General—TB/ALL. ■ 7. The authority citation for part 28 * * * * * * * * * * continues to read as follows: (c) * * *

TABLE 31.10–18(c)

Type system Test

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

* * * * * (1) Verify that flow is continuous and PART 34—FIREFIGHTING EQUIPMENT (f) The marine inspector must check that the piping and nozzles are all fire extinguishing system piping, unobstructed; and ■ 13. The authority citation for part 34 controls, valves, and alarms to ascertain (2) Verify that any discharge delays continues to read as follows: that the system is in good operating and pre-discharge alarms function Authority: 46 U.S.C. 3306, 3703; E.O. condition. For carbon dioxide or clean properly during the flow test. 12234, 45 FR 58801, 3 CFR, 1980 Comp., agent systems as described in 46 CFR * * * * * p. 277; Department of Homeland Security subpart 95.16, the marine inspector Delegation No. 0170.1. must:

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■ 14. In § 34.01–1, revise the section § 34.05–5 Fire extinguishing systems dioxide or clean agent system as heading and add paragraph (b) to read —T/ALL. described in 46 CFR subpart 95.16 must as follows: (a) * * * be installed in any space containing (3) Lamp and paint lockers and internal combustion or gas turbine main § 34.01–1 Applicability—TB/ALL, similar spaces. A carbon dioxide or propulsion machinery, auxiliaries with preemptive effect. clean agent system as described in 46 an aggregate power of 1,000 b.h.p. or * * * * * CFR subpart 95.16 or a water spray greater, or their fuel oil units, including (b) The regulations in this part have system must be installed in all lamp and purifiers, valves and manifolds. preemptive effect over State or local paint lockers, oil rooms, and similar * * * * * regulations in the same field. spaces. (4) Pump rooms. A carbon dioxide or ■ 17. Add § 34.15–50 to read as follows: ■ 15. Revise § 34.01–15 to read as clean agent system as described in 46 follows: § 34.15–50 Lockout valves—T/ALL. CFR subpart 95.16, a foam spray system, § 34.01–15 Incorporation by reference. or a water spray system must be (a) A lockout valve must be provided (a) Certain material is incorporated by installed for the protection of all pump on any carbon dioxide extinguishing reference into this part with the rooms. If a clean agent system is system protecting a space over 6,000 approval of the Director of the Federal installed for the pump room of a tank cubic feet in volume and installed or Register under 5 U.S.C. 552(a) and 1 ship carrying chemical cargos, the altered after July 9, 2013. ‘‘Altered’’ CFR part 51. To enforce any edition amount of extinguishing agent must be means modified or refurbished beyond other than that specified in this section, determined by using the agent design the maintenance required by the the Coast Guard must publish notice of concentration determined by the cup manufacturer’s design, installation, change in the Federal Register and the burner method, described in NFPA 2001 operation and maintenance manual. material must be available to the public. (incorporated by reference; see § 34.01– (b) The lockout valve must be a All approved material is available for 15) for the cargo requiring the greatest manually operated valve located in the inspection at the National Archives and amount of agent. discharge manifold prior to the stop (5) Boiler rooms. On tankships Records Administration (NARA). For valve or selector valves. When in the contracted for on or after November 19, information on the availability of this closed position, the lockout valve must 1952, a carbon dioxide or clean agent material at NARA, call 202–741–6030 or provide complete isolation of the system system as described in 46 CFR subpart go to http://www.archives.gov/ from the protected space or spaces, 95.16 or a foam system must be installed federal_register/ making it impossible for carbon dioxide to protect any space containing a main code_of_federal_regulations/ to discharge in the event of equipment or auxiliary oil fired boiler, the boiler ibr_locations.html. Also, it is available failure during maintenance. fuel oil service pump, or any fuel oil for inspection at the Coast Guard, Office (c) The lockout valve design or units such as heaters, strainers, valves, of Design and Engineering Standards locking mechanism must make it manifolds, etc., that are subject to the (CG–521), 2100 2nd St. SW., Stop 7126, obvious whether the valve is open or discharge pressure of the fuel oil service Washington, DC 20593–7126, telephone closed. pumps. 202–372–1405, and is available from the (6) Machinery spaces. A carbon (d) A valve is considered a lockout sources listed in this section. dioxide or clean agent system as valve if it has a hasp or other means of (b) American Society for Testing and described in 46 CFR subpart 95.16 must attachment to which, or through which, Materials (ASTM), 100 Barr Harbor be installed to protect any machinery a lock can be affixed, or it has a locking Drive, P.O. Box C700, West space containing an internal mechanism built into it. Conshohocken, PA 19428–2959, combustion-propelling engine that uses (e) The master or person-in-charge telephone 610–832–9585, http:// fuel having a flashpoint of less than 110 must ensure that the valve is locked www.astm.org. degrees Fahrenheit. open at all times, except while (1) ASTM F 1121–87 (Reapproved (7) Internal combustion installations. maintenance is being performed on the 1993), Standard Specification for A fire extinguishing system must be extinguishing system, when the valve International Shore Connections for provided for an internal combustion must be locked in the closed position. Marine Fire Applications, 1987, IBR installation and: (f) Lockout valves added to existing approved for § 34.10–15 (‘‘ASTM F (i) The system must be a carbon systems must be approved by the 1121’’). dioxide or clean agent system as Commandant as part of the installed (2) [Reserved] described in 46 CFR subpart 95.16; system. (ii) On vessels of 1,000 gross tons and (c) National Fire Protection ■ Association (NFPA), 1 Batterymarch over on an international voyage, the 18. Add § 34.15–60 to read as follows: construction or conversion of which is Park, Quincy, MA 02169–7471, § 34.15–60 Odorizing units—T/ALL. telephone 617–770–3000, http:// contracted for on or after May 26, 1965, www.nfpa.org. a carbon dioxide or clean agent system Each carbon dioxide extinguishing as described in 46 CFR subpart 95.16 system installed or altered after July 9, (1) NFPA 13–1996, Standard for the must be installed in any space 2013, must have an approved odorizing Installation of Sprinkler Systems, IBR containing internal combustion or gas unit to produce the scent of approved for § 34.30–1 (‘‘NFPA 13– turbine main propulsion machinery, wintergreen, the detection of which will 1996’’). auxiliaries with an aggregate power of serve as an indication that carbon (2) NFPA 2001, Standard on Clean 1,000 b.h.p. or greater, or their fuel oil dioxide gas is present in a protected Agent Fire Extinguishing Systems, (2008 units, including purifiers, valves, and area and any other area into which the Edition), IBR approved for § 34.05– manifolds; and carbon dioxide may migrate. ‘‘Altered’’ 5(a)(4) (‘‘NFPA 2001’’). (iii) On vessels of 1,000 gross tons and means modified or refurbished beyond ■ 16. In § 34.05–5, revise the section over, the construction, conversion or the maintenance required by the heading and paragraphs (a)(3) through automation of which is contracted for manufacturer’s design, installation, (7) to read as follows: on or after January 1, 1968, a carbon operation and maintenance manual.

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PART 35—OPERATIONS LOCK OUT SYSTEM WHEN § 62.25–20 Instrumentation, alarms, and SERVICING.’’ The reference to centralized stations. ■ 19. The authority citation for part 35 wintergreen scent may be omitted for * * * * * continues to read as follows: carbon dioxide systems not required to (d) * * * Authority: 33 U.S.C. 1321(j); 46 U.S.C. have odorizing units and not equipped (1) * * * 3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O. with such units. (ii) Fire, general alarm, carbon 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. (c) Spaces into which carbon dioxide dioxide/Halon 1301/clean agent fire 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 might migrate—‘‘CARBON DIOXIDE extinguishing system, vital machinery, Comp., p. 351; Department of Homeland flooding, engineers’ assistance-needed, Security Delegation No. 0170.1. GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE and non-vital alarms. ■ 20. Revise the subpart 35.01 heading CAN COLLECT HERE. WHEN ALARM * * * * * to read as follows: OPERATES OR WINTERGREEN SCENT IS DETECTED VACATE PART 71—INSPECTION AND Subpart 35.01—General Provisions; IMMEDIATELY.’’ The reference to CERTIFICATION Special Operating Requirements wintergreen scent may be omitted for ■ carbon dioxide systems not required to 28. The authority citation for part 71 ■ 21. Add § 35.01–2 to read as follows: have odorizing units and not equipped continues to read as follows: § 35.01–2 Preemptive effect. with such units. Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307; E.O. 12234, 45 FR The regulations in this part have ■ 24. Revise § 35.40–10 to read as 58801, 3 CFR, 1980 Comp., p. 277; E.O. preemptive effect over State or local follows: 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. regulations in the same field. 351; Department of Homeland Security § 35.40–10 Steam, foam, carbon dioxide, ■ 22. Revise § 35.40–7 to read as Delegation No. 0170.1. follows: or clean agent fire smothering apparatus— TB/ALL. ■ 29. Revise the subpart 71.01 subpart § 35.40–7 Carbon dioxide and clean agent Each steam, foam, carbon dioxide, or heading to read as follows: alarms—T/ALL. clean agent fire fighting apparatus must Each carbon dioxide or clean agent Subpart 71.01—General Provisions; be marked ‘‘[CARBON DIOXIDE/ Certificate of Inspection fire extinguishing alarm installed after STEAM/FOAM/CLEAN AGENT—as November 19, 1952, must be appropriate] FIRE APPARATUS’’ in red § 71.01–1 [Redesignated as § 71.01–2] conspicuously marked: ‘‘WHEN letters at least 2 inches high. Branch ■ 30. Redesignate existing § 71.01–1 as ALARM SOUNDS VACATE AT ONCE. pipe valves leading to the several [CARBON DIOXIDE/CLEAN AGENT— § 71.01–2, and add new § 71.01–1 to compartments must be distinctly read as follows: as appropriate] BEING RELEASED.’’ marked to indicate the compartments or ■ 23. Add § 35.40–8 to read as follows: parts of the vessel to which they lead. § 71.01–1 Preemptive effect. The regulations in this part have § 35.40–8 Carbon dioxide warning signs— PART 62—VITAL SYSTEM T/ALL. preemptive effect over State or local AUTOMATION Each entrance to a space storing regulations in the same field. ■ carbon dioxide cylinders, a space ■ 25. The authority citation for part 62 31. In § 71.20–20, revise paragraph (b) protected by carbon dioxide systems, or continues to read as follows: to read as follows: any space into which carbon dioxide § 71.20–20 Specific tests and inspections. might migrate must be conspicuously Authority: 46 U.S.C. 3306, 3703, 8105; E.O. marked as follows: 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. * * * * * (a) Spaces storing carbon dioxide— 277; Department of Homeland Security (b) Installation of carbon dioxide or Delegation No. 0170.1. ‘‘CARBON DIOXIDE GAS CAN CAUSE clean agent extinguishing piping in INJURY OR DEATH. VENTILATE THE ■ 26. In § 62.01–1, revise the section accordance with 46 CFR 76.15–15 and AREA BEFORE ENTERING. A HIGH heading and add a second sentence to 46 CFR subpart 95.16. CONCENTRATION CAN OCCUR IN read as follows: * * * * * THIS AREA AND CAN CAUSE ■ 32. In § 71.25–20, revise the section § 62.01–1 Purpose, preemptive effect. SUFFOCATION.’’. heading and Table 71.25–20(a)(2) to (b) Spaces protected by carbon * * * The regulations in this part have read as follows: dioxide—‘‘CARBON DIOXIDE GAS preemptive effect over State or local § 71.25–20 Fire detecting and CAN CAUSE INJURY OR DEATH. regulations in the same field. WHEN ALARM OPERATES OR extinguishing equipment. WINTERGREEN SCENT IS DETECTED, ■ 27. In § 62.25–20, revise paragraph (a) * * * DO NOT ENTER UNTIL VENTILATED. (d)(1)(ii) to read as follows: (2) * * *

TABLE 71.25–20(a)(2)

Type system Test

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

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TABLE 71.25–20(a)(2)—Continued

Type system Test

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

* * * * * Authority: 46 U.S.C. 3306; E.O. 12234, 45 § 76.05–1 Fire detecting systems. ■ 33. In § 71.65–5, revise paragraph FR 58801, 3 CFR, 1980 Comp., p. 277; (a) On the following vessels, approved (d)(6) to read as follows: Department of Homeland Security Delegation fire detecting systems must be installed No. 0170.1. in the locations indicated by Table § 71.65–5 Plans and specifications 76.05–1(a): required for new construction. ■ 35. In § 76.01–1, revise the section (1) Any vessel on an international * * * * * heading and add paragraph (b) to read voyage; (d) * * * as follows: (6) Extinguishing systems, including (2) Any vessel, not on an international fire main, carbon dioxide, clean agent, § 76.01–1 General; preemptive effect. voyage, of more than 150 feet in length foam, and sprinkling systems. having sleeping accommodations for * * * * * passengers; and * * * * * (b) The regulations in this part have (3) Any vessel, not on an international PART 76—FIRE PROTECTION preemptive effect over State or local voyage, of 150 feet or less in length that EQUIPMENT regulations in the same field. has sleeping accommodations for 50 or more passengers; such vessels are not ■ 36. Revise § 76.05–1 to read as ■ 34. The authority citation for part 76 required to have a detecting system in follows: continues to read as follows: the cargo spaces.

TABLE 76.05–1(a)

Space Detecting systems Fixed extinguishing systems

Safety areas: Wheelhouse or fire-control room ...... None required 1 ...... None required.1 Stairway and elevator enclosures ...... None required 1 ...... None required.1 Communication corridors ...... None required 1 ...... None required.1 Lifeboat embarkation and lowering stations ...... None required 1 ...... None required.1 Radio room ...... None required 1 ...... None required.1 Accommodations: Staterooms, toilet spaces, isolated pantries, etc ...... None required 1 ...... None required.1 Offices, lockers, and isolated storerooms ...... Electric, pneumatic, or automatic sprin- None required. 1 kling 1. Public spaces...... None required with 20-minute patrol. None required.1 Electric, pneumatic, or automatic sprinkling with 1 hour patrol 1. Open decks or enclosed promenades ...... None required ...... None required. Service spaces: Galleys ...... None required 1 ...... None required.1 Main pantries ...... None required 1 ...... None required.1 Motion picture booths and film lockers ...... Electric, pneumatic, or automatic sprin- None required.1 kling 12. Paint and lamp rooms ...... Smoke detecting 2 ...... Carbon dioxide 3 or clean agent system as described in 46 CFR subpart 95.16. Inaccessible baggage, mail, and specie rooms and Smoke detecting 2 ...... Carbon dioxide.3 storerooms. Accessible baggage, mail, and specie rooms and store- Electric, pneumatic, or automatic sprin- None required.1 rooms. kling. Refrigerated storerooms ...... None required ...... None required. Carpenter, valet, photographic, and printing shops, sales Electric, pneumatic, or automatic sprin- None required.1 rooms, etc. kling. Machinery spaces:

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TABLE 76.05–1(a)—Continued

Space Detecting systems Fixed extinguishing systems

Coal fired boilers: Bunker and boiler space ...... None required ...... None required.1 Oil fired boilers: Spaces containing oil fired boilers either None required ...... Carbon dioxide or clean agent system main or auxiliary, their fuel oil service pumps, and/or as described in 46 CFR subpart such other fuel oil units as the heaters, strainers, 95.16 or foam.4 valves, manifolds, etc., that are subject to the dis- charge pressure of the fuel oil service pumps, to- gether with adjacent spaces to which oil can drain. Internal combustion or gas turbine propelling machinery None required ...... Carbon dioxide or clean agent system spaces. as described in 46 CFR subpart 95.16.5 Electric propulsive motors or generators of open type .... None required ...... None required. Enclosed ventilating systems for motors and generators None required ...... Carbon dioxide or clean agent system of electric propelling machinery. as described in 46 CFR subpart 95.16 (in ventilating system).6 Auxiliary spaces, internal combustion, or gas turbine ...... None required ...... Carbon dioxide or clean agent system as described in 46 CFR subpart 95.16.7 Auxiliary spaces, electric motors, or generators ...... None required ...... None required. Auxiliary spaces, steam ...... None required ...... None required. Trunks to machinery spaces ...... None required ...... None required. Fuel tanks ...... None required ...... None required.8 Cargo spaces: Inaccessible during voyage (combustible cargo), includ- Smoke detecting ...... Carbon dioxide.3 ing trunks (excluding tanks). Accessible during voyage (combustible cargo) ...... Smoke detecting, electric, pneumatic or Automatic or manual sprinkling. automatic sprinkling. Vehicular deck (except where no overhead deck is 30 None required ...... Manual sprinkling. feet in length or less). Cargo oil tanks ...... None required ...... Carbon dioxide or foam.3 Specially suitable for vehicles ...... Smoke detecting, electric, pneumatic or Carbon dioxide, automatic or manual automatic sprinkling. sprinkling. Notes to Table 76.01–5(a) 1 Vessels of 100 gross tons and over contracted for, on, or before May 27, 1936, and having combustible joiner work must be fitted with an automatic sprinkling system, except in relatively incombustible spaces. 2 On vessels contracted for prior to November 19, 1952, electric or pneumatic detecting may be substituted. 3 On vessels contracted for prior to January 1, 1962, a steam smothering system may be accepted. However, although existing steam smoth- ering systems may be repaired, replaced, or extended, no new system contracted for on or after January 1, 1962, will be permitted. 4 Protection of auxiliary boilers, fuel oil units, valves, and manifolds are not required on vessels contracted for prior to November 19, 1952. 5 Not required on vessels less than 300 gross tons (except on an international voyage) using fuel with a flashpoint higher than 110° F., where the space is normally manned. 6 Not required on vessels contracted for prior to November 19, 1952. 7 Not required on vessels less than 300 gross tons nor on vessels contracted for prior to November 19, 1952, except when fuel, including start- ing fuel, has a flashpoint of 110 °F. or less. 8 When fuel with a flashpoint of 110 °F. or lower is used, the space containing the fuel tanks must be protected by a carbon dioxide or clean agent system as described in 46 CFR subpart 95.16.

(b) The arrangements and details of due to the size or arrangement of the valve or selector valves. When in the the fire detecting systems must meet the vessel, or for other reasons, the closed position, the lockout valve must requirements in 46 CFR subparts 76.25 installation of a total flooding carbon provide complete isolation of the system through 76.33. dioxide or clean agent extinguishing from the protected space or spaces, ■ 37. In § 76.10–5, revise paragraph (h) system may be accepted as an alternate making it impossible for carbon dioxide to read as follows: method of extinguishing any fire that to discharge in the event of equipment affects the powering and operation of at failure during maintenance. § 76.10–5 Fire pumps. least one of the required fire pumps. (c) The lockout valve design or * * * * * ■ 38. Add § 76.15–50 to read as follows: locking mechanism must make it (h) If a vessel uses main or auxiliary obvious whether the valve is open or § 76.15–50 Lockout valves. oil fired boilers or internal combustion closed. propulsion machinery, and is required (a) A lockout valve must be provided to have two fire pumps, the pumps must on any carbon dioxide extinguishing (d) A valve is considered a lockout be in separate spaces and the system protecting a space over 6,000 valve if it has a hasp or other means of arrangement of pumps, sea connections, cubic feet in volume and installed or attachment to which, or through which, and sources of power must be arranged altered after July 9, 2013. ‘‘Altered’’ a lock can be affixed, or it has a locking to ensure that a fire in any one space means modified or refurbished beyond mechanism built into it. will not put all of the fire pumps out of the maintenance required by the (e) The master or person-in-charge operation. However, in vessels of less manufacturer’s design, installation, must ensure that the valve is locked than 300 feet in length, when it is operation and maintenance manual. open at all times, except while shown to the satisfaction of the (b) The lockout valve must be a maintenance is being performed on the Commandant that it is unreasonable or manually operated valve located in the extinguishing system, when the valve impracticable to meet this requirement discharge manifold prior to the stop must be locked in the closed position.

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(f) Lockout valves added to existing ■ 43. Add § 78.47–11 to read as follows: SPRAY/MANUAL SPRINKLING/ systems must be approved by the AUTOMATIC SPRINKLING/CLEAN Commandant as part of the installed § 78.47–11 Carbon dioxide warning signs. AGENT—as appropriate] FIRE system. Each entrance to a space storing SYSTEM.’’. carbon dioxide cylinders, a space ■ 39. Add § 76.15–60 to read as follows: protected by carbon dioxide systems, or PART 91—INSPECTION AND § 76.15–60 Odorizing units. any space into which carbon dioxide CERTIFICATION Each carbon dioxide extinguishing might migrate must be conspicuously system installed or altered after July 9, marked as follows: ■ 45. The authority citation for part 91 2013, must have an approved odorizing (a) Spaces storing carbon dioxide— continues to read as follows: unit to produce the scent of ‘‘CARBON DIOXIDE GAS CAN CAUSE Authority: 33 U.S.C. 1321(j); 46 U.S.C. wintergreen, the detection of which will INJURY OR DEATH. VENTILATE THE 3205, 3306, 3307; 46 U.S.C. Chapter 701; serve as an indication that carbon AREA BEFORE ENTERING. A HIGH Executive Order 12234; 45 FR 58801; 3 CFR, dioxide gas is present in a protected CONCENTRATION CAN OCCUR IN 1980 Comp., p. 277; Executive Order 12777, area and any other area into which the THIS AREA AND CAN CAUSE 56 FR 54757, 3 CFR, 1991 Comp., p. 351; SUFFOCATION.’’. Department of Homeland Security Delegation carbon dioxide may migrate. ‘‘Altered’’ No. 0170.1. means modified or refurbished beyond (b) Spaces protected by carbon the maintenance required by the dioxide—‘‘CARBON DIOXIDE GAS ■ 46. In, revise the subpart 91.01 manufacturer’s design, installation, CAN CAUSE INJURY OR DEATH. subpart heading to read as follows: operation and maintenance manual. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED, Subpart 91.01—General Provisions; PART 78—OPERATIONS DO NOT ENTER UNTIL VENTILATED. Certificate of Inspection LOCK OUT SYSTEM WHEN ■ 40. The authority citation for part 78 SERVICING.’’ The reference to § 91.01–1 [Redesignated as § 91.01–2] continues to read as follows: wintergreen scent may be omitted for ■ 47. Redesignate existing § 91.01–1 as Authority: 33 U.S.C. 1321(j); 46 U.S.C. carbon dioxide systems not required to § 91.01–2, and add new § 91.01–1 to 2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. have odorizing units and not equipped read as follows: 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. with such units. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 (c) Spaces into which carbon dioxide § 91.01–1 Preemptive effect. Comp., p. 351; Department of Homeland might migrate—‘‘CARBON DIOXIDE The regulations in this part have Security Delegation No. 0170.1. GAS CAN CAUSE INJURY OR DEATH. preemptive effect over State or local ■ 41. In § 78.01–1, revise the section DISCHARGE INTO NEARBY SPACE regulations in the same field. heading and add paragraph (b) to read CAN COLLECT HERE. WHEN ALARM ■ 48. In § 91.20–20, revise paragraph (b) as follows: OPERATES OR WINTERGREEN SCENT to read as follows: IS DETECTED VACATE § 78.01–1 General; preemptive effect. IMMEDIATELY.’’ The reference to § 91.20–20 Specific tests and inspections. * * * * * wintergreen scent may be omitted for * * * * * (b) The regulations in this part have carbon dioxide systems not required to (b) For installation of carbon dioxide preemptive effect over State or local have odorizing units and not equipped fire extinguishing system piping, see 46 regulations in the same field. with such units. CFR 95.15–15. For clean agent fire ■ 42. Revise § 78.47–9 to read as ■ 44. Revise § 78.47–17 to read as extinguishing piping, see 46 CFR 95.16– follows: follows: 15. § 78.47–9 Carbon dioxide and clean agent § 78.47–17 Fire extinguishing system * * * * * alarms. controls. ■ 49. In § 91.25–20, revise the section Each carbon dioxide or clean agent Each control cabinet or space heading and Table 91.25–20(a)(2) to fire extinguishing alarm must be containing valves or manifolds for a fire read as follows: conspicuously marked: ‘‘WHEN extinguishing system must be distinctly ALARM SOUNDS VACATE AT ONCE. marked in conspicuous red letters at § 91.25–20 Fire extinguishing equipment. CARBON DIOXIDE OR CLEAN AGENT least 2 inches high: ‘‘[CARBON (a) * * * BEING RELEASED.’’. DIOXIDE/STEAM/FOAM/WATER (2) * * *

TABLE 91.25–20(a)(2)

Type system Test

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

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TABLE 91.25–20(a)(2)—Continued

Type system Test

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

* * * * * extinguishing system must be installed (2) Be conspicuously and centrally ■ 50. In § 91.55–5, revise paragraph in such a system. located and be marked as required by 46 (d)(4) to read as follows: ■ 54. In § 95.10–5, in paragraph (h), CFR 97.37–9; and revise the second sentence to read as (3) Use stored gas power provided by § 91.55–5 Plans and specifications the extinguishing agent, gas from pilot required for new construction. follows: cylinders, or gas from cylinders * * * * * § 95.10–5 Fire pumps. specifically provided to power the (d) * * * * * * * * alarms. (4) Details of extinguishing systems, (h) * * * However, when it is shown (c) For systems installed on or after including fire mains, carbon dioxide, to the satisfaction of the Commandant July 1, 1957, alarms are mandatory only clean agent, foam, and sprinkling that it is unreasonable or impracticable for systems required to be fitted with a systems. to meet this requirement due to the size delayed discharge. * * * * * or arrangement of the vessel, or for other ■ reasons, the installation of a total 57. Add § 95.15–50 to read as follows: PART 95—FIRE PROTECTION flooding carbon dioxide or clean agent § 95.15–50 Lockout valves. EQUIPMENT system may be accepted as an alternate method of extinguishing any fire that (a) A lockout valve must be provided ■ 51. The authority citation for part 95 could affect the powering and operation on any carbon dioxide extinguishing continues to read as follows: of at least one of the required fire system protecting a space over 6,000 Authority: 46 U.S.C. 3306; E.O. 12234, 45 pumps. cubic feet in volume and installed or FR 58801, 3 CFR, 1980 Comp., p. 277; altered after July 9, 2013. ‘‘Altered’’ Department of Homeland Security Delegation ■ 55. In § 95.15–5, revise paragraphs means modified or refurbished beyond No. 0170.1. (e)(1) and (2) to read as follows: the maintenance required by the manufacturer’s design, installation, ■ § 95.15–5 Quantity, pipe sizes, and 52. In § 95.01–1, revise the section operation and maintenance manual. heading and add paragraph (b) to read discharge rates. as follows: * * * * * (b) The lockout valve must be a manually operated valve located in the (e) * * * § 95.01–1 General; preemptive effect. discharge manifold prior to the stop (1) The number of pounds of carbon valve or selector valves. When in the * * * * * dioxide required must be equal to the closed position, the lockout valve must (b) The regulations in this part have gross volume of the largest space which provide complete isolation of the system preemptive effect over State or local is capable of being sealed divided by 22. from the protected space or spaces, regulations in the same field. In no case, however, may the quantity making it impossible for carbon dioxide ■ 53. In § 95.05–10, revise paragraphs be less than that required by paragraph to discharge in the event of equipment (e)(3)(ii) and (f) to read as follows: (c)(2) of this section. failure during maintenance. (2) The discharge of two thirds of the § 95.05–10 Fixed fire extinguishing (c) The lockout valve design or systems. required quantity of carbon dioxide must be completed within 10 minutes. locking mechanism must make it * * * * * Any faster discharge rate is also obvious whether the valve is open or (e) * * * acceptable. closed. (3) * * * * * * * * (d) A valve is considered a lockout (ii) On vessels of 1,000 gross tons and valve if it has a hasp or other means of ■ greater, a fixed carbon dioxide or clean 56. Revise § 95.15–30 to read as attachment to which, or through which, agent system as described in 46 CFR follows: a lock can be affixed, or it has a locking subpart 95.16 must be installed in any mechanism built into it. space that contains internal combustion § 95.15–30 Alarms. (e) The master or person-in-charge or gas turbine main propulsion (a) A protected space must be fitted must ensure that the valve is locked machinery, or auxiliary machinery with with an approved audible alarm if: open at all times, except while an aggregate power of 1,000 b.h.p. or (1) The space is normally accessible to maintenance is being performed on the greater, or the fuel oil units of such persons onboard while the vessel is extinguishing system, when the valve machinery, including purifiers, valves, being navigated; and must be locked in the closed position. and manifolds. (2) Is not a paint locker or similar (f) On vessels contracted for on or small space. (f) Lockout valves added to existing after November 19, 1952, where an (b) The alarm must: systems must be approved by the enclosed ventilating system is installed (1) Sound automatically and audibly Commandant as part of the installed for electric propulsion motors or for at least 20 seconds before carbon system. generators, a fixed carbon dioxide dioxide is discharged into the space; ■ 58. Add § 95.15–60 to read as follows:

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§ 95.15–60 Odorizing units. cylinders, or gas from cylinders nozzle of each distribution line and that Each carbon dioxide extinguishing specifically provided to power the are closed with a cap or plug; and system installed or altered after July 9, alarms. (ii) Drains and dirt traps, fitted where 2013, must have an approved odorizing necessary to prevent dirt or moisture § 95.16–5 Controls. unit to produce the scent of accumulation and located in accessible wintergreen, the detection of which will (a) At least one releasing station must locations where possible. serve as an indication that carbon be installed near the main entrance/exit (b) Piping requirements. Piping must dioxide gas is present in a protected to the protected space. be: area and any other area into which the (b) System controls must be of an (1) Used exclusively for extinguishing carbon dioxide may migrate. ‘‘Altered’’ approved type and be suitably protected system purposes; means modified or refurbished beyond from damage and located outside the (2) Protected by a pressure relief valve the maintenance required by the protected space. in sections where gas pressure can be manufacturer’s design, installation, (c) Systems must have releasing trapped between closed valves; and operation and maintenance manual. stations consisting of one control to (3) Welded if it passes through living operate the stop valve to the protected quarters. ■ 59. Add subpart 95.16 to read as space and a second control to release at (c) Piping prohibitions. Piping must follows: least the required amount of agent. not: Subpart 95.16—Fixed Clean Agent Gas These two controls must be located in (1) Use rolled groove or cut groove Extinguishing Systems, Details a box or other enclosure clearly ends; or Sec. identified for the particular space. (2) Be fitted with drains or other 95.16–1 Application. (d) Systems protecting a single space openings if it passes through living 95.16–5 Controls. not exceeding 6,000 cubic feet in gross quarters. 95.16–10 Piping, fittings, valves, nozzles. volume may be installed without a stop (d) Valve requirements. Valves for 95.16–15 Extinguishing agent: Quantity. valve if a suitable horizontal means of system operation must be: 95.16–20 Extinguishing agent: Cylinder (1) Outside the protected space, and storage. escape from the space exists. (e) Controls may not be located in any (2) Marked, if serving a branch line, 95.16–25 Manifold and cylinder to indicate the space the branch line arrangements. space that could be cut off from the operator in the event of fire in the serves. 95.16–30 Enclosure openings. (e) Valve prohibitions. Valves may not protected space. 95.16–35 Pressure relief. be located in any space that could be cut 95.16–40 Locked spaces. (f) Where the extinguishing agent can 95.16–45 Pre-discharge alarms and time be released by remote control, the off from the operator in the event of fire delay devices. system must have a manual local in the protected space. 95.16–50 Instructions. control at the cylinders. § 95.16–15 Extinguishing agent: Quantity. 95.16–60 System piping installation testing. (g) Systems with remotely operated 95.16–90 Installations contracted for prior A separate supply need not be to July 9, 2012. releasing controls must have mechanical provided for each space protected, but override features. the total available supply must be at Subpart 95.16—Fixed Clean Agent Gas (h) Automatic discharge arrangements least sufficient for the space requiring Extinguishing Systems, Details may be used for spaces having a gross the greatest amount. volume less than 6,000 cubic feet. § 95.16–1 Application. However, automatic discharge is § 95.16–20 Extinguishing agent: Cylinder (a) ‘‘Clean agent’’ means a halocarbon required for spaces having a gross storage. or inert gas used as a fire extinguishing volume less than 6,000 cubic feet where (a) Unless installed as required in agent. the agent is stored in the protected paragraph (b) of this section, the agent (b) A clean agent extinguishing space, as allowed by 46 CFR 95.16–20. must be stored outside of the protected system must comply with this part. (i) A system designed to use gas space. Common bulkheads and decks Systems contracted for prior to July 9, pressure from one or more agent storage located between the cylinder storage 2012, may, as an alternative, comply cylinders and provide pilot pressure to room and the protected spaces must with 46 CFR 95.16–90. actuate the release of extinguishing meet the insulation criteria for Class A– (c) Each clean agent system must: agent from other storage cylinders that 60, as defined in 46 CFR 72.05–10. (1) Be of a total flooding type to contain three or more total storage (b) The cylinders may be stored inside protect against Class B and Class C cylinders must be equipped with at least the protected space, if: hazards as defined in 46 CFR 95.50–5; two designated pilot cylinders, each of (1) The space does not exceed 6,000 (2) Address and minimize any hazard which is capable of manual control at cubic feet gross volume; and to personnel created by the effects of the pilot cylinder. (2) The system can be automatically extinguishing agent decomposition operated by a pneumatic heat actuator products and combustion products, § 95.16–10 Piping, fittings, valves, nozzles. as well as a remote manual control. especially the effects of decomposition (a) Piping, fittings, and valves must (c) The cylinder storage space must be product hydrogen fluoride (HF), if be: properly ventilated and designed to applicable; (1) In accordance with the preclude an anticipated ambient (3) Be accompanied by an approved manufacturer’s approved design, temperature in excess of 130° manufacturer’s design, installation, installation, operation, and maintenance Fahrenheit. operation, and maintenance manual; manual; (d) The cylinders must be securely (4) Be used only to protect enclosed (2) Securely supported and when fastened and supported as directed in spaces; necessary protected against damage; the manufacturer’s approved design, (5) Not employ electric power for (3) Protected inside and out against installation, operation, and maintenance system actuation or controls; and corrosion; and manual, and where necessary protected (6) Not use any source of power for (4) Equipped with: against damage. alarms in protected spaces, other than (i) Dead end lines (dirt traps) that (e) The cylinders must be mounted so the extinguishing agent, gas from pilot extend at least 2 inches beyond the last they are readily accessible and capable

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of easy removal for recharging and § 95.16–40 Locked spaces. completion of piping installation and inspection and for weighing in the case If a space or enclosure containing before extinguishing agent cylinders are of halocarbon system cylinders. extinguishing agent supply or controls connected. (f) The cylinders must be installed to is lockable, a key to the space or (1) Except as otherwise specified in provide a space of at least 2 inches enclosure must be in a break glass type this section: between the deck and the bottom of the box conspicuously located adjacent to (i) Piping from the cylinders to the cylinders. A tray or other bottom the opening. stop valves or selector valves must be 1 support located 2 inches above the deck subjected to a pressure of 1 ⁄2 times the § 95.16–45 Pre-discharge alarms and time cylinder charging pressure at 70° is an acceptable arrangement. delay devices. (g) The cylinders must be mounted Fahrenheit; and (a) Each system protecting a space (ii) The leakage during a 2-minute upright, unless otherwise specified in with greater than 6,000 cubic feet gross period must not exceed a pressure drop the instruction manual. volume or a space less than 6,000 cubic of 10 percent of the test pressure. (h) All cylinder storage room doors feet gross volume without a suitable (2) Individual branch lines to a must open outward. horizontal escape route must have a protected space must be tested as § 95.16–25 Manifold and cylinder pneumatic pre-discharge alarm and time described in paragraph (a)(1) of this arrangements. delay. section, except that: (1) The time delay period must: (i) The pressure must be 150 pounds (a) A check valve must be provided (i) Last at least 20 seconds; per square inch; and between each cylinder and manifold or (ii) Be approved by the Officer in (ii) Distribution piping must be distribution piping. The valve must be Charge, Marine Inspection during capped within the protected space at the permanently marked to indicate the system installation; and first joint upstream of the nozzles. direction of flow. (iii) Provide enough time for one (3) Pneumatic actuation piping must (b) If the same cylinder is used to person to walk from the farthest area of be tested as described in paragraph protect more than one space, normally, the protected space to the primary exit. (a)(1) of this section. closed stop valves must be provided to (2) The time delay device must be (b) Inert gas systems. A pressure test direct the agent into each protected pneumatically operated and have an using air or inert gas must be conducted space. accuracy of -0/+20 percent of the rated on each inert gas system’s piping on (c) Each cylinder must be fabricated, time delay period throughout the completion of piping installation and tested, and marked in accordance with operating temperature range and range before extinguishing agent cylinders are 46 CFR 147.60(b) and 49 CFR part 180. of delay settings. connected. (d) The cylinders in a common (b) The pre-discharge alarm must: (1) Except as otherwise specified in manifold must be: (1) Sound for the duration of the time this section: (i) Piping from the cylinders to the delay; (1) Of the same size; stop valves or selector valves must be (2) Be conspicuously and centrally (2) Filled with the same amount of subjected to a pressure of 1,000 pounds located in the protected space and agent; and per square inch (psi) at 70° Fahrenheit; marked as required by 46 CFR 97.37–9; (3) Pressurized to the same working and pressure. (3) Depend on the extinguishing (ii) The leakage during a 2-minute agent, gas from a pilot cylinder, or a period must not exceed a pressure drop § 95.16–30 Enclosure openings. nitrogen cylinder specifically provided of 100 psi. (a) If mechanical ventilation is to power the alarm for its source of (2) Individual branch lines to a provided for in a protected space, the power; and protected space must be tested as ventilation system must automatically (4) Be audible over running described in paragraph (b)(1) of this shut down prior to discharge of the machinery. section, except that: system to that space. § 95.16–50 Instructions. (i) The pressure must be 600 psi; and (b) If natural ventilation is provided (ii) Distribution piping must be (a) Simple, complete operating capped within the protected space at the for in a space protected by a clean agent instructions must be conspicuously extinguishing system, the ventilation first joint upstream of the nozzles. located at or near any release station (3) Pneumatic actuation piping must must be capable of being easily and and in the extinguishing agent cylinder effectively closed off. be tested as described in paragraph storage room. (b)(1) of this section. (c) All other openings to a protected (b) On a system in which (c) Small independent systems. In lieu space must be capable of being closed. extinguishing agent cylinders are stored of test requirements in paragraphs (a) or Doors, shutters, or dampers must be outside the protected space, operating (b) of this section, a small independent installed for openings in the lower instructions must also: halocarbon or inert gas system, like portion of the space. Openings in the (1) Include a schematic diagram of the those found in emergency generator upper portion of the space must be system; and rooms and paint lockers, may be tested capable of being closed off either by (2) Describe alternate methods of by blowing out the piping with air permanently installed means or by the discharging the extinguishing agent into pressure of at least 100 psi, if: use of canvas or other material normally protected spaces should the manual (1) There are no valves in the system carried on the vessel. releases or stop valve controls fail to discharge piping; and § 95.16–35 Pressure relief. operate. (2) There is not more than one change in direction between the agent container § 95.16–60 System piping installation Tight compartments, like refrigeration and the discharge nozzle. spaces and paint lockers, must have a testing. way to relieve the accumulation of (a) Halocarbon systems. A pressure § 95.16–90 Installations contracted for excessive pressure within the test using the extinguishing agent, air or prior to July 9, 2012. compartment when the extinguishing inert gas, must be conducted on Installations contracted for prior to agent is injected. halocarbon system discharge piping on July 9, 2012, must meet the

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requirements of this subpart unless (c) Spaces into which carbon dioxide checked and serviced as indicated, previously approved existing might migrate—‘‘CARBON DIOXIDE depending on the extinguishing agent arrangements, materials, and facilities GAS CAN CAUSE INJURY OR DEATH. used by the system. are: DISCHARGE INTO NEARBY SPACE (1) Carbon dioxide: Weigh cylinders. (a) Maintained in good condition to CAN COLLECT HERE. WHEN ALARM Recharge cylinder if weight loss exceeds the satisfaction of the Officer in Charge, OPERATES OR WINTERGREEN SCENT 10 percent of the weight of the charge. Marine Inspection; and IS DETECTED VACATE Test time delays, alarms, and ventilation (b) Subjected to no more than minor IMMEDIATELY.’’ The reference to shutdowns with carbon dioxide, repairs or alterations implemented to wintergreen scent may be omitted for nitrogen, or other nonflammable gas as the same standards as the original carbon dioxide systems not required to stated in the system manufacturer’s installation. have odorizing units and not equipped instruction manual. Inspect hoses for with such units. damage or decay. Ensure that nozzles PART 97—OPERATIONS ■ 64. Revise § 97.37–13 to read as are unobstructed. Cylinders must be tested and marked, and all flexible ■ 60. The authority citation for part 97 follows: connections on fixed carbon dioxide continues to read as follows: § 97.37–13 Fire extinguishing system systems must be tested or renewed, as Authority: 33 U.S.C. 1321(j); 46 U.S.C. controls. required by 46 CFR 147.60 and 147.65. 2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. The control cabinets or spaces (2) Halon 1301 or Halocarbon: 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. Recharge or replace if weight loss 277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 containing valves or manifolds for the Comp., p. 351; Department of Homeland various fire extinguishing systems must exceeds 5 percent of the weight of the Security Delegation No. 0170.1. be distinctly marked in conspicuous red charge or, if cylinder has a pressure letters at least 2 inches high: ‘‘[STEAM/ gauge, recharge cylinder if pressure loss ■ 61. In § 97.01–1, revise the section CARBON DIOXIDE/CLEAN AGENT/ exceeds 10 percent, adjusted for heading and add paragraph (b) to read FOAM/WATER SPRAY—as temperature. Test time delays, alarms, as follows: appropriate] FIRE APPARATUS.’’. and ventilation shutdowns with carbon § 97.01–1 General; preemptive effect. dioxide, nitrogen, or other PART 107—INSPECTION AND nonflammable gas as stated in the * * * * * CERTIFICATION system manufacturer’s instruction (b) The regulations in this part have manual. Inspect hoses for damage or preemptive effect over State or local ■ 65. The authority citation for part 107 decay. Ensure that nozzles are regulations in the same field. continues to read as follows: unobstructed. Cylinders must be tested ■ 62. Revise § 97.37–9 to read as Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, and marked, and all flexible Halon 1301 follows: 3307; 46 U.S.C. 3316; Department of and halocarbon connections must be § 97.37–9 Carbon dioxide and clean agent Homeland Security Delegation No. 0170.1; tested or renewed as required by 46 CFR alarms. § 107.05 also issued under the authority of 44 147.60 and 147.65 or 147.67. Note that U.S.C. 3507. Each carbon dioxide or clean agent Halon 1301 system approvals have fire extinguishing alarm must be ■ 66. In § 107.01, revise the section expired, but that existing systems may conspicuously marked: ‘‘WHEN heading, redesignate the existing text as be retained if they are in good and ALARM SOUNDS VACATE AT ONCE. paragraph (a), and add paragraph (b) to serviceable condition to the satisfaction CARBON DIOXIDE OR CLEAN AGENT read as follows: of the Coast Guard inspector. BEING RELEASED.’’. (3) Inert gas: Recharge or replace § 107.01 Purpose; preemptive effect. cylinder if cylinder pressure loss ■ 63. Add § 97.37–11 to read as follows: * * * * * exceeds 5 percent of specified gauge § 97.37–11 Carbon dioxide warning signs. (b) The regulations in this part have pressure, adjusted for temperature. Test Each entrance to a space storing preemptive effect over State or local time delays, alarms, and ventilation carbon dioxide cylinders, a space regulations in the same field. shutdowns with carbon dioxide, protected by carbon dioxide systems, or ■ 67. In § 107.231, add paragraph (w) to nitrogen, or other nonflammable gas as any space into which carbon dioxide read as follows: stated in the system manufacturer’s might migrate must be conspicuously instruction manual. Inspect hoses for marked as follows: § 107.231 Inspection for certification. damage or decay. Ensure that nozzles (a) Spaces storing carbon dioxide— * * * * * are unobstructed. Cylinders must be ‘‘CARBON DIOXIDE GAS CAN CAUSE (w) Piping for each halocarbon and tested and marked, and all flexible INJURY OR DEATH. VENTILATE THE inert gas extinguishing system must be connections must be tested or renewed AREA BEFORE ENTERING. A HIGH tested in accordance with 46 CFR as required by 46 CFR 147.60 and CONCENTRATION CAN OCCUR IN 95.16–60. 147.66. THIS AREA AND CAN CAUSE * * * * * (4) Foam, except premix systems: Discharge foam for approximately 15 SUFFOCATION.’’. ■ 68. In § 107.235, revise the section (b) Spaces protected by carbon seconds from a nozzle designated by the heading and paragraph (b) and remove dioxide—‘‘CARBON DIOXIDE GAS marine inspector. Discharge water from the note at the end of the section. CAN CAUSE INJURY OR DEATH. all other lines and nozzles. Submit a The revisions read as follows: WHEN ALARM OPERATES OR sample of the foam liquid to the WINTERGREEN SCENT IS DETECTED, § 107.235 Servicing of hand portable fire manufacturer or its authorized DO NOT ENTER UNTIL VENTILATED. extinguishers, semi-portable fire representative for determination of LOCK OUT SYSTEM WHEN extinguishers and fixed fire extinguishing specific gravity, pH, percentage of water SERVICING.’’ The reference to systems. dilution, and solid content and for wintergreen scent may be omitted for * * * * * certification as a suitable firefighting carbon dioxide systems not required to (b) Each fixed fire extinguishing foam. have odorizing units and not equipped system must be examined for excessive (5) Premix aqueous film forming with such units. corrosion and general condition and foam: Remove the pressure cartridge

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and replace the cartridge if the seal is 2013, must have an approved odorizing least 2 inches high: ‘‘[CARBON punctured, sampling the premix unit to produce the scent of DIOXIDE/CLEAN AGENT/FOAM/ solution in accordance with the wintergreen, the detection of which will WATER SPRAY—as appropriate] FIRE manufacturer’s instructions, and serve as an indication that carbon APPARATUS.’’. replacing any cylinders that are dioxide gas is present in a protected * * * * * discharged. area and any other area into which the carbon dioxide may migrate. ‘‘Altered’’ PART 112—EMERGENCY LIGHTING PART 108—DESIGN AND EQUIPMENT means modified or refurbished beyond AND POWER SYSTEMS the maintenance required by the ■ 69. The authority citation for part 108 manufacturer’s design, installation, ■ 76. The authority citation for part 112 continues to read as follows: operation and maintenance manual. continues to read as follows: Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, ■ 73. Add § 108.626 to read as follows: Authority: 46 U.S.C. 3306, 3703; 3306; Department of Homeland Security Department of Homeland Security Delegation Delegation No. 0170.1. § 108.626 Carbon dioxide warning signs. No. 0170.1. ■ 70. Add § 108.102 to read as follows: Each entrance to a space storing carbon dioxide cylinders, a space ■ 77. In § 112.05–1, revise the section § 108.102 Preemptive effect. protected by carbon dioxide systems, or heading and add paragraph (d) to read The regulations in this part have any space into which carbon dioxide as follows: preemptive effect over State or local might migrate must be conspicuously § 112.05–1 Purpose; preemptive effect. regulations in the same field. marked as follows: * * * * * ■ 71. Add § 108.444 to read as follows: (a) Spaces storing carbon dioxide— ‘‘CARBON DIOXIDE GAS CAN CAUSE (d) The regulations in this part have § 108.444 Lockout valves. INJURY OR DEATH. VENTILATE THE preemptive effect over State or local (a) A lockout valve must be provided AREA BEFORE ENTERING. A HIGH regulations in the same field. on any carbon dioxide extinguishing CONCENTRATION CAN OCCUR IN ■ 78. In § 112.15–5, revise paragraph (v) system protecting a space over 6,000 THIS AREA AND CAN CAUSE to read as follows: cubic feet in volume and installed or SUFFOCATION.’’. altered after July 9, 2013. ‘‘Altered’’ (b) Spaces protected by carbon § 112.15–5 Final emergency loads. means modified or refurbished beyond dioxide—‘‘CARBON DIOXIDE GAS * * * * * the maintenance required by the CAN CAUSE INJURY OR DEATH. (v) Each smoke extraction fan, not manufacturer’s design, installation, WHEN ALARM OPERATES OR including smoke detector sampling, and operation and maintenance manual. WINTERGREEN SCENT IS DETECTED, carbon dioxide or clean agent exhaust (b) The lockout valve must be a DO NOT ENTER UNTIL VENTILATED. fans for spaces. manually operated valve located in the LOCK OUT SYSTEM WHEN discharge manifold prior to the stop SERVICING.’’ The reference to PART 115—INSPECTION AND valve or selector valves. When in the wintergreen scent may be omitted for CERTIFICATION closed position, the lockout valve must carbon dioxide systems not required to ■ 79. The authority citation for part 115 provide complete isolation of the system have odorizing units and not equipped continues to read as follows: from the protected space or spaces, with such units. making it impossible for carbon dioxide (c) Spaces into which carbon dioxide Authority: 33 U.S.C. 1321(j); 46 U.S.C. to discharge in the event of equipment might migrate—‘‘CARBON DIOXIDE 2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; failure during maintenance. GAS CAN CAUSE INJURY OR DEATH. E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 (c) The lockout valve design or DISCHARGE INTO NEARBY SPACE Comp., p. 743; E.O. 12234, 45 FR 58801, 3 locking mechanism must make it CFR, 1980 Comp., p. 277; Department of CAN COLLECT HERE. WHEN ALARM Homeland Security Delegation No. 0170.1. obvious whether the valve is open or OPERATES OR WINTERGREEN SCENT closed. IS DETECTED VACATE ■ 80. In, revise the subpart A heading to (d) A valve is considered a lockout IMMEDIATELY.’’ The reference to read as follows: valve if it has a hasp or other means of wintergreen scent may be omitted for attachment to which, or through which, carbon dioxide systems not required to Subpart A—General Provisions; a lock can be affixed, or it has a locking have odorizing units and not equipped Certificate of Inspection mechanism built into it. with such units. §§ 115.2 through 115.99 [Reserved] (e) The master or person-in-charge ■ 74. In § 108.627, revise the section ■ 81. In subpart A, add reserved must ensure that the valve is locked heading to read as follows: open at all times, except while §§ 115.2 through 115.99 and add § 115.1 maintenance is being performed on the § 108.627 Carbon dioxide and clean agent to read as follows: extinguishing system, when the valve alarms. § 115.1 Preemptive effect. must be locked in the closed position. * * * * * The regulations in this part have (f) Lockout valves added to existing ■ 75. In § 108.631, revise paragraph (a) preemptive effect over State or local systems must be approved by the to read as follows: Commandant as part of the installed regulations in the same field. system. § 108.631 Fixed fire extinguishing system ■ 82. In § 115.810, revise Table ■ 72. Add § 108.446 to read as follows: controls. 115.810(b) to read as follows: (a) Each cabinet or space that contains § 108.446 Odorizing units. a valve, control, or manifold of a fixed § 115.810 Fire protection. Each carbon dioxide extinguishing fire extinguishing system must be * * * * * system installed or altered after July 9, marked in conspicuous red letters at (b) * * *

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TABLE 115.810(b)—SEMIPORTABLE AND FIXED FIRE EXTINGUISHING SYSTEMS

Type system Test

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

* * * * * (8) The lockout valve must be a serve as an indication that carbon manually operated valve located in the dioxide gas is present in a protected PART 118—FIRE PROTECTION discharge manifold prior to the stop area and any other area into which the EQUIPMENT valve or selector valves. When in the carbon dioxide may migrate. ‘‘Altered’’ closed position, the lockout valve must means modified or refurbished beyond ■ 83. The authority citation for part 118 provide complete isolation of the system the maintenance required by the continues to read as follows: from the protected space or spaces, manufacturer’s design, installation, Authority: 46 U.S.C. 2103, 3306; E.O. making it impossible for carbon dioxide operation and maintenance manual. 12234, 45 FR 58801, 3 CFR, 1980 Comp., to discharge in the event of equipment p. 277; Department of Homeland Security * * * * * Delegation No. 0170.1. failure during maintenance. (9) The lockout valve design or PART 119—MACHINERY ■ 84. In § 118.115, revise the section locking mechanism must make it INSTALLATION heading and add paragraph (d) to read obvious whether the valve is open or as follows: closed. ■ 86. The authority citation for part 119 continues to read as follows: § 118.115 Applicability; preemptive effect. (10) A valve is considered a lockout valve if it has a hasp or other means of Authority: 46 U.S.C. 2103, 3306; E.O. * * * * * attachment to which, or through which, 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. (d) The regulations in this part have a lock can be affixed, or it has a locking 277; Department of Homeland Security preemptive effect over State or local mechanism built into it. Delegation No. 0170.1. regulations in the same field. (11) The master or person-in-charge ■ 87. In § 119.100, revise the section ■ 85. In § 118.410, add paragraphs (f)(7) must ensure that the valve is locked heading and add a third sentence to through (12) and (h) to read as follows: open at all times, except while read as follows: maintenance is being performed on the § 118.410 Fixed gas fire extinguishing § 119.100 Intent; preemptive effect. systems. extinguishing system, when the valve * * * * * must be locked in the closed position. * * * The regulations in this part have (f) * * * (12) Lockout valves added to existing preemptive effect over State or local (7) A lockout valve must be provided systems must be approved by the regulations in the same field. on any carbon dioxide extinguishing Commandant as part of the installed ■ 88. In § 119.710, revise paragraph system protecting a space over 6,000 system. (a)(3) to read as follows: cubic feet in volume and installed or * * * * * altered after [July 9, 2013. ‘‘Altered’’ (h) Each carbon dioxide extinguishing § 119.710 Piping for vital systems. means modified or refurbished beyond system installed or altered after July 9, (a) * * * the maintenance required by the 2013, must have an approved odorizing (3) Carbon dioxide, Halon 1301, and manufacturer’s design, installation, unit to produce the scent of clean agent systems; operation and maintenance manual. wintergreen, the detection of which will * * * * *

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PART 122—OPERATIONS have odorizing units and not equipped LOCK OUT SYSTEM WHEN with such units. SERVICING.’’ The reference to ■ 89. The authority citation for part 122 wintergreen scent may be omitted for continues to read as follows: PART 131—OPERATIONS carbon dioxide systems not required to have odorizing units and not equipped Authority: 46 U.S.C. 2103, 3306, 6101; E.O. ■ 92. The authority citation for part 131 with such units. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. continues to read as follows: 277; Department of Homeland Security (c) Spaces into which carbon dioxide Delegation No. 0170.1. Authority: 33 U.S.C. 1321(j); 46 U.S.C. might migrate—‘‘CARBON DIOXIDE 3306, 6101, 10104; E.O. 12234, 3 CFR, 1980 ■ GAS CAN CAUSE INJURY OR DEATH. 90. In § 122.115, revise the section Comp., p. 277; E.O. 12777, 3 CFR, 1991 heading and add paragraph (d) to read DISCHARGE INTO NEARBY SPACE Comp., p. 351; Department of Homeland CAN COLLECT HERE. WHEN ALARM as follows: Security Delegation No. 0170.1. OPERATES OR WINTERGREEN SCENT ■ 93. Revise the subpart A heading to § 122.115 Applicability; preemptive effect. IS DETECTED VACATE read as follows: IMMEDIATELY.’’ The reference to * * * * * wintergreen scent may be omitted for (d) The regulations in this part have Subpart A—General Provisions; Notice of Casualty and Records of Voyage carbon dioxide systems not required to preemptive effect over State or local have odorizing units and not equipped regulations in the same field. §§ 131.101 through 131.109 [Reserved] with such units. ■ 91. In § 122.612, add paragraph (i) to ■ 94. In subpart A, add reserved ■ 97. Revise § 131.825 to read as read as follows: §§ 131.101 through 131.109 and add follows: § 131.100 to read as follows: § 122.612 Fire protection equipment. § 131.825 Fixed fire extinguishing system * * * * * § 131.100 Preemptive effect. controls. (i) Carbon dioxide warning signs. The regulations in this part have Each control cabinet or space Each entrance to a space storing carbon preemptive effect over State or local containing a valve or manifold for a fire dioxide cylinders, a space protected by regulations in the same field. extinguishing system must be distinctly carbon dioxide systems, or any space marked in conspicuous red letters at ■ 95. Revise § 131.815 to read as into which carbon dioxide might least 2 inches high: ‘‘[CARBON follows: migrate must be conspicuously marked DIOXIDE/HALON/CLEAN AGENT] as follows: § 131.815 Carbon dioxide and clean agent FIRE APPARATUS’’, as appropriate. (1) Spaces storing carbon dioxide— alarms. ‘‘CARBON DIOXIDE GAS CAN CAUSE Each carbon dioxide or clean agent PART 132—FIRE-PROTECTION INJURY OR DEATH. VENTILATE THE fire extinguishing alarm must be EQUIPMENT AREA BEFORE ENTERING. A HIGH conspicuously marked: ‘‘WHEN ■ 98. The authority citation for part 132 CONCENTRATION CAN OCCUR IN ALARM SOUNDS VACATE AT ONCE. continues to read as follows: THIS AREA AND CAN CAUSE CARBON DIOXIDE OR CLEAN AGENT SUFFOCATION.’’. BEING RELEASED.’’ Authority: 46 U.S.C. 3306, 3307; (2) Spaces protected by carbon ■ 96. Add § 131.817 to read as follows: Department of Homeland Security Delegation dioxide—‘‘CARBON DIOXIDE GAS No. 0170.1. § 131.817 Carbon dioxide warning signs. CAN CAUSE INJURY OR DEATH. ■ 99. Revise the subpart A heading to WHEN ALARM OPERATES OR Each entrance to a space storing read as follows: WINTERGREEN SCENT IS DETECTED, carbon dioxide cylinders, a space DO NOT ENTER UNTIL VENTILATED. protected by carbon dioxide systems, or Subpart A—General Provisions; Fire LOCK OUT SYSTEM WHEN any space into which carbon dioxide Main SERVICING.’’ The reference to might migrate must be conspicuously wintergreen scent may be omitted for marked as follows: ■ 100. In § 132.100, revise the section carbon dioxide systems not required to (a) Spaces storing carbon dioxide— heading and add paragraph (d) to read have odorizing units and not equipped ‘‘CARBON DIOXIDE GAS CAN CAUSE as follows: with such units. INJURY OR DEATH. VENTILATE THE § 132.100 General; preemptive effect. (3) Spaces into which carbon dioxide AREA BEFORE ENTERING. A HIGH might migrate—‘‘CARBON DIOXIDE CONCENTRATION CAN OCCUR IN * * * * * GAS CAN CAUSE INJURY OR DEATH. THIS AREA AND CAN CAUSE (d) The regulations in this part have DISCHARGE INTO NEARBY SPACE SUFFOCATION.’’. preemptive effect over State or local CAN COLLECT HERE. WHEN ALARM (b) Spaces protected by carbon regulations in the same field. OPERATES OR WINTERGREEN SCENT dioxide—‘‘CARBON DIOXIDE GAS § 132.350 [Amended] IS DETECTED VACATE CAN CAUSE INJURY OR DEATH. IMMEDIATELY.’’ The reference to WHEN ALARM OPERATES OR ■ 101. In § 132.350, revise Table wintergreen scent may be omitted for WINTERGREEN SCENT IS DETECTED, 132.350 to read as follows: carbon dioxide systems not required to DO NOT ENTER UNTIL VENTILATED. * * * * *

TABLE 132.350—TESTS OF SEMIPORTABLE AND FIXED FIRE-EXTINGUISHING SYSTEMS

Type of system Test

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

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TABLE 132.350—TESTS OF SEMIPORTABLE AND FIXED FIRE-EXTINGUISHING SYSTEMS—Continued

Type of system Test

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

* * * * * at the National Archives and Records (e) Public Health Service, Department Administration (NARA). For of Health and Human Services (DHHS), PART 147—HAZARDOUS SHIPS’ information on the availability of this Superintendent of Documents, U.S. STORES material at NARA, call 202–741–6030 or Government Printing Office, go to http://www.archives.gov/ Washington, DC 20402. ■ 102. The authority citation for part federal_register/ (1) DHHS Publication No. (PHS) 84– 147 continues to read as follows: code_of_federal_regulations/ 2024, The Ship’s Medicine Chest and Authority: 46 U.S.C. 3306; E.O. 12234, 45 ibr_locations.html. Medical Aid at Sea (revised 1984), FR 58801, 3 CFR, 1980 Comp., p. 277; (b) American Boat and Yacht Council, (‘‘DHHS Publication No. (PHS) 84– Department of Homeland Security Delegation Inc. (ABYC), 613 Third Street, Suite 10, 2024’’), IBR approved for § 147.105. No. 0170.1. Annapolis, MD 21403, telephone 410– (2) [Reserved]. ■ 103. In § 147.1, revise the section 990–4460, www.abyinc.org. (f) Underwriters Laboratories, Inc. heading and add paragraph (d) to read (1) ABYC H–25–81, Portable Fuel (UL), 333 Pfingsten Road, Northbrook, as follows: Systems and Portable Containers for IL 60062, telephone 847–272–8800, Flammable Liquids, (May 12, 1981), www.ul.com. § 147.1 Purpose; applicability; preemptive (1) UL 30, Standard for Metal Safety effect. (‘‘ABYC H–25–81’’), IBR approved for § 147.45. Cans, 7th Ed. (revised March 3, 1987), * * * * * (2) [Reserved]. (‘‘UL 30’’), IBR approved for § 147.45. (d) The regulations in this part have (2) UL 1185, Standard for Portable (c) American Society of Heating, preemptive effect over State or local Marine Fuel Tanks, Second Edition, Refrigerating, and Air-Conditioning regulations in the same field. revised July 6, 1984, (‘‘UL 1185’’), IBR Engineers, Inc. (ASHRAE), Publication ■ approved for § 147.45. 104. Revise § 147.7 to read as follows: Sales Department, 1791 Tullie Circle (3) UL 1313, Standard for Nonmetallic NE., Atlanta, GA 30329, telephone 404– § 147.7 Incorporation by reference. Safety Cans for Petroleum Products, 1st 636–8400, www.ashrae.org. (a) Certain material is incorporated by Ed. (revised March 22, 1985), (‘‘UL (1) ANSI/ASHRAE 34–78, Number reference into this part with the 1313’’), IBR approved for § 147.45. approval of the Director of the Federal Designation of Refrigerants (approved (4) UL 1314, Standard for Special- Register under 5 U.S.C. 552(a) and 1 1978), (‘‘ANSI/ASHRAE 34–78’’), IBR Propose Containers, 1st Ed. (revised CFR part 51. To enforce any edition approved for § 147.90. February 7, 1984), (‘‘UL 1314’’), IBR other than that specified in this section, (2) [Reserved]. approved for § 147.45. (d) National Fire Protection the Coast Guard must publish notice of ■ 105. In § 147.45, revise paragraphs Association (NFPA), 1 Batterymarch change in the Federal Register and the (f)(4) through (6) to read as follows: material must be available to the public. Park, Quincy, MA, 02169–7471, All approved material is available for telephone 617–770–3000, § 147.45 Flammable and combustible inspection at the Coast Guard, Office of www.nfpa.org. liquids. Operating and Environmental Standards (1) NFPA 2001, Standard on Clean * * * * * (CG–522), 2100 2nd Street SW., Stop Agent Fire Extinguishing Systems, 2008 (f) * * * 7126, Washington, DC 20593–7126, and Edition, (‘‘NFPA 2001’’), IBR approved (4) A portable outboard fuel tank is available from the sources listed for §§ 147.66 and 147.67. meeting the specifications of ABYC H– below. It is also available for inspection (2) [Reserved]. 25–81 (incorporated by reference, see

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§ 147.7) or one identified by (b) A halocarbon cylinder must be (1) ISO 15364, Ships and Marine Underwriters Laboratories as meeting removed from service if it: Technology—Pressure/Vacuum Valves the specifications of UL 1185 (1) Leaks; for Cargo Tanks, First Edition (Sep. 1, (incorporated by reference, see § 147.7); (2) Is dented, bulging, severely 2000), (‘‘ISO 15364’’), IBR approved for (5) A portable safety container corroded, or otherwise weakened; § 162.017–3. identified by Underwriters Laboratories (3) Has lost more than 5 percent of its (2) [Reserved] as meeting the specifications of UL 30 tare weight; or ■ 112. Add subpart 162.161 to read as or UL 1313 (both incorporated by (4) Has been involved in a fire. follows: reference, see § 147.7); or (c) Flexible connections between cylinders and discharge piping for Subpart 162.161—Fixed Clean Agent Fire (6) A portable safety container Extinguishing Systems identified by Underwriters Laboratories halocarbon fire extinguishing systems must be renewed or retested in Sec. as meeting the requirements of UL 1314 162.161–1 Scope. (incorporated by reference, see § 147.7). accordance with section 7.3 of NFPA 2001 (incorporated by reference, see 162.161–2 Incorporation by reference. 162.161–3 Materials. * * * * * § 147.7). ■ 106. In § 147.60, revise paragraph 162.161–4 Construction. 162.161–5 Instruction manual for design, (a)(4) to read as follows: PART 162—ENGINEERING installation, operation, and maintenance. EQUIPMENT § 147.60 Compressed gases. 162.161–6 Tests for approval. 162.161–7 Inspections at production. ■ * * * * * 109. The authority citation for part 162.161–8 Marking. (a) * * * 162 continues to read as follows: 162.161–9 Procedure for approval. (4) Except as provided in 46 CFR Authority: 33 U.S.C. 1321(j), 1903; 46 147.65, 147.66, and 147.67, maintained U.S.C. 3306, 3703, 4104, 4302; E.O. 12234, 45 Subpart 162.161—Fixed Clean Agent and retested in accordance with 49 CFR FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. Fire Extinguishing Systems 11735, 38 FR 21243, 3 CFR, 1971–1975 180. § 162.161–1 Scope. * * * * * Comp., p. 793; Department of Homeland Security Delegation No. 0170.1. (a) This subpart applies to each ■ 107. Add § 147.66 to read as follows: engineered fixed fire extinguishing ■ 110. Revise the subpart 162.017 system using a halocarbon or an inert § 147.66 Inert gas fire extinguishing heading to read as follows: systems. gas as an agent. It does not apply to pre- Subpart 162.017—General Provisions; engineered systems. (a) Inert gas cylinders forming part of (b) Each system must be designed for a clean agent fixed fire extinguishing Valves, Pressure-Vacuum Relief, for Tank Vessels protection against fires in both Class B system must be retested every five years, flammable liquids and Class C energized except that cylinders with a water ■ 111. Revise § 162.017–1 to read as electrical equipment, as those hazard capacity of 125 pounds or less may be follows: classes are defined in NFPA 2001 retested every 10 years in accordance (incorporated by reference, see with 49 CFR 180.209(b). § 162.017–1 Preemptive effect; § 162.161–2). (b) An inert gas cylinder must be incorporation by reference. (c) Each system must meet the removed from service if it: (a) The regulations in this part have requirements of this subpart, be listed or (1) Leaks; preemptive effect over State or local approved by an independent laboratory (2) Is dented, bulging, severely regulations in the same field. approved by the Coast Guard and listed corroded, or otherwise weakened; (b) Certain material is incorporated by at http://cgmix.uscg.mil/, bear the mark (3) Has lost more than 5 percent of its reference into this subchapter with the of the laboratory, and be approved by tare weight; or approval of the Director of the Federal the Coast Guard under 46 CFR 159.005– (4) Has been involved in a fire. Register under 5 U.S.C. 552(a) and 1 13. (c) Flexible connections between CFR part 51. To enforce any edition cylinders and discharge piping for fixed other than that specified in this section, § 162.161–2 Incorporation by reference. inert gas fire extinguishing systems the Coast Guard must publish notice of (a) Certain material is incorporated by must be renewed or retested in change in the Federal Register and the reference into this subpart with the accordance with section 7.3 of NFPA material must be available to the public. approval of the Director of the Federal 2001 (incorporated by reference, see All approved material is available for Register under 5 U.S.C. 552(a) and 1 § 147.7). inspection at the U.S. Coast Guard, CFR part 51. To enforce any edition ■ 108. Add § 147.67 to read as follows: Office of Design and Engineering other than that specified in this section, Standards (CG–521), 2100 2nd St. SW., the Coast Guard must publish a notice § 147.67 Halocarbon fire extinguishing Stop 7126, Washington, DC 20593– of change in the Federal Register and systems. 7126, and is available from the sources the material must be available to the (a) Each halocarbon cylinder forming listed below. It is also available for public. All approved material is part of a clean agent fixed fire inspection at the National Archives and available for inspection at U.S. Coast extinguishing system must be: Records Administration (NARA). For Guard, Office of Operating and (1) Retested at least once every 12 information on the availability of this Environmental Standards (CG–522), years and before recharging if it has material at NARA, call 202–741–6030 or 2100 2nd Street SW., Stop 7126, been discharged and more than five go to http://www.archives.gov/federal_ Washington, DC 20593–7126, and is years have elapsed since the last test; or register/code_of_federal_regulations/ibr available from the sources indicated in (2) As an alternative, a cylinder _locations.html. this section, and is available from the conforming to the requirements of 49 (c) International Organization for sources listed below. It is also available CFR 180.209(g) may be given the Standardization (ISO), Case postal 56, for inspection at the National Archives complete external visual inspection in CH–1211 Geneva 20, Switzerland, and Records Administration (NARA). lieu of hydrostatic testing provided for telephone +41 22 749 01 11, For information on the availability of by that section. www.iso.org. this material at NARA, call 202–741–

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6030 or go to http://www.archives.gov/ Significant New Alternative Products § 162.161–5 Instruction manual for design, federal_register/code_of_federal_ (SNAP) list, 40 CFR part 82, subpart G, installation, operation, and maintenance. regulations/ibr_locations.html. Appendix A; and (a) The manufacturer must prepare a (b) International Maritime (2) Identified as an extinguishing system instruction manual for design, Organization (IMO), Publications agent in NFPA 2001 (incorporated by installation, operation, and maintenance Section, 4 Albert Embankment, London reference, see § 162.161–2). of the system. The manual must be SE1 7SR, United Kingdom, telephone (d) The extinguishing concentration of reviewed and accepted by an +44 (0)20 7735 7611, www.imo.org. extinguishing agent required for each independent laboratory listed in 46 CFR (1) MSC/Circ. 848, Revised Guidelines system must be determined by the cup 162.161–10 and approved by the Coast for The Approval of Equivalent Fixed burner method, described in NFPA 2001 Guard under 46 CFR 159.005–13. Gas Fire-Extinguishing Systems, as (incorporated by reference, see (b) The manual must include: Referred to in SOLAS 74, for Machinery § 162.161–2), for the specific fuel (1) The design information as required Spaces and Cargo Pump-Rooms (June 8, requiring the highest extinguishing in the Design Manual as detailed in UL 1998), (‘‘MSC/Circ. 848’’), IBR approved concentration. 2166 (incorporated by reference, see for § 162.161–6. (e) The design concentration of the § 162.161–2) for halocarbon systems and (2) MSC.1/Circ. 1267, Amendments to agent required for each protected space UL 2127 (incorporated by reference, see Revised Guidelines for the Approval of must be calculated using a safety factor § 162.161–2) for inert gas systems; Equivalent Fixed Gas Fire-Extinguishing of 1.3 times the extinguishing (2) Installation, operation, and Systems, as Referred to in SOLAS 74, concentration. The quantity must be maintenance instructions as required in for Machinery Spaces and Cargo Pump- calculated at the minimum expected the Installation, Operation, and Rooms (MSC/Circ. 848) (June 4, 2008), ambient temperature using the design Maintenance Instruction Manual (‘‘MSC.1/Circ. 1267’’), IBR approved for concentration based on either: detailed in UL 2166 for halocarbon § 162.161–6. (1) Gross volume, including the systems and UL 2127 for inert gas (c) National Fire Protection casing, bilge, and free air contained in systems; Association (NFPA), 1 Batterymarch air receivers; or (3) Identification of the computer Park, Quincy, MA 02169–7471, (2) Net volume, calculated as shown program listed or approved by the telephone 617–770–3000, http:// in NFPA 2001 (incorporated by independent laboratory for designing www.nfpa.org. reference, see § 162.161–2), including the system; (1) NFPA 2001, Standard on Clean the casing, bilge, and free air contained (4) A sample diagram and calculation Agent Fire Extinguishing Systems, 2008 in air receivers, if one of the following for a marine system for a large inspected Edition, (‘‘NFPA 2001’’), IBR approved is satisfactorily performed: vessel with several spaces to be for §§ 162.161–1 and 162.161–3. (i) Full discharge test; or protected by the same system; (2) [Reserved]. (ii) Enclosure integrity procedure in (5) The approval number issued by (d) Underwriters Laboratories, Inc. accordance with Annex C of NFPA the Coast Guard for the system under 46 (UL), 333 Pfingsten Road, Northbrook, 2001; for discharge or enclosure CFR 159.005–13; IL 60062, telephone 847–272–8800, integrity tests, the minimum (6) A parts list with manufacturer’s www.ul.com. concentration hold time must be 15 part numbers and a description of each (1) UL 2127, Standard for Safety minutes, and the extinguishing agent system component; forInert Gas Clean Agent Extinguishing concentration at the end of the hold (7) An index of chapters; and System Units (Revised March 22, 2001), time must be at least 85 percent of the (8) Issue and revision dates for each (‘‘UL 2127’’), IBR approved for design concentration. page. §§ 162.161–5, 162.161–6 and 162.161–7. (f) If fuel can drain from the (c) The manufacturer of each system (2) UL 2166, Standard for Safety for compartment being protected to an must provide at least one copy of the Halocarbon Clean Agent Extinguishing adjacent compartment or if the system manual with each system. System Units (Revised March 22, 2001), compartments are not entirely separate, (‘‘UL 2166’’), IBR approved for the quantity must be sufficient for both § 162.161–6 Tests for approval. §§ 162.161–5, 162.161–6 and 162.161–7. compartments. Prior to approval by an independent laboratory each system must: § 162.161–3 Materials. § 162.161–4 Construction. (a) Satisfy the test method of MSC/ (a) All system components must meet (a) Each pressure vessel must comply Circ. 848 as amended by MSC.1/Circ. the requirements of NFPA 2001 with 46 CFR 147.60(a) and (b). 1267 (both incorporated by reference, (incorporated by reference, see (b) Each system must be capable of see § 162.161–2), except that: § 162.161–2) and be made of metal, operation without an external power (1) The Fire Type A (Tell tale) test except for bushings, o-rings, and source. must be conducted when the charged gaskets. Aluminum or aluminum alloys (c) Manual actuation for the system system cylinders have been conditioned may not be used. must be by mechanical or pneumatic for 24 hours at 32 °F or at the expected (b) Metal components must: means. service temperature, if lower than 32 °F. (1) Have a solidus melting point of at (d) Automatically actuated systems (2) [Reserved]. least 1700 °F; must be released by pneumatic or (b) Satisfy the following test (2) Be corrosion resistant; and fusible element detection systems. requirements as indicated in UL 2166 (3) Be galvanically compatible with (e) Each system installed with the (incorporated by reference, see each adjoining metal component, or if extinguishing agent cylinders stored § 162.161–2) for halocarbon systems or galvanically incompatible, be separated inside a protected space of 6,000 cubic UL 2127 for inert gas systems by a bushing, o-ring, gasket, or similar feet or less must use automatic actuation (incorporated by reference, see device. as the primary means of actuation and § 162.161–2): (c) Each extinguishing agent must be: have a remote backup manual (1) Nozzle distribution; (1) Listed as an acceptable total mechanical actuator. (2) Flow calculation method flooding agent for occupied areas on the (f) Each container charged with verification to determine that the Environmental Protection Agency’s nitrogen must have a pressure gauge. manufacturer’s calculation method

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accurately predicts the discharge time, (e) Type of extinguishing agent; marked in conspicuous red letters at nozzle pressure, and distribution of the (f) Operating pressure at least 2 inches high: ‘‘[STEAM/CARBON extinguishing agent; 70 °Fahrenheit; DIOXIDE/HALON/CLEAN AGENT—as (3) Salt spray corrosion resistance for (g) Storage temperature range; appropriate] FIRE APPARATUS.’’. (h) Factory test pressure of the marine-type systems; * * * * * (4) Vibration resistance of installed cylinder; (7) At annual inspections, each carbon (i) Reference to the manufacturer’s components for marine-type systems; dioxide cylinder, whether fixed or marine design, installation, operation, and portable, each Halon 1301 cylinder, and and maintenance manual; (5) Any additional tests contained in each clean agent cylinder must be UL 2166 for halocarbon systems or UL (j) Weight of agent charge and gross weight of cylinder/valve assembly; examined externally and replaced if 2127 for inert gas systems, as required excessive corrosion is found; and: for listing by the independent (k) Minimum maintenance instructions; and (i) Each carbon dioxide cylinder must laboratory. (l) Any other information required by be weighed and recharged if its weight (c) Equivalent length of installed the laboratory or another government loss exceeds 10 percent of the charge; components must be identified and agency. (ii) Each Halon 1301 and halocarbon included in the test report in accordance cylinder must be weighed and checked, with UL 2166 (incorporated by § 162.161–9 Procedure for approval. and recharged or replaced if weight loss reference, see § 162.161–2) for (a) Preapproval review is required as exceeds 5 percent of required weight of halocarbon systems or UL 2127 detailed in 46 CFR 159.005–5 and charge or if cylinder pressure loss (incorporated by reference, see 159.005–7. exceeds 10 percent of specified gauge § 162.161–2) for inert gas systems. (b) Applications for approval must be pressure, adjusted for temperature; and submitted in accordance with 46 CFR (iii) Each inert gas cylinder must be § 162.161–7 Inspections at production. 159.005–9 through 159.005–12 to the checked and recharged or replaced if (a) The system must be inspected in Commandant (CG–5214). In addition to cylinder pressure loss exceeds 5 percent accordance with this section and 46 the listed requirements: of specified gauge pressure adjusted for CFR 159.007–1 through 159.007–13, and (1) Evidence must be shown that an temperature. tested using any additional tests that the acceptable follow-up factory inspection (8) Carbon dioxide, Halon 1301, and Commandant (CG–5214) may deem program is in place in each factory clean agent cylinders carried on board necessary to maintain control of quality location. This could be demonstrated by nautical school ships must be tested and and to ensure compliance with this providing an original copy of the marked in accordance with the subpart. contract for a follow-up program requirements of 46 CFR 147.60, 147.65, (b) The manufacturer must: between the manufacturer and the 147.66, and 147.67. (1) Institute procedures to maintain independent laboratory. The follow-up (9) On all systems test time delays, control over the materials used, over the program must include provisions that alarms, and ventilation shutdowns with manufacturing of the systems, and over prohibit changes to the approved carbon dioxide, nitrogen, or other the finished systems; equipment without review and approval nonflammable gas as stated in the (2) Admit the independent laboratory by the independent laboratory. system manufacturer’s instruction inspector and any representative of the (2) Two design, installation, operation manual. Inspect hoses for damage or Coast Guard to any place where work is and maintenance manuals must be decay. Ensure that nozzles are being done on systems and any place submitted. unobstructed. where parts or complete systems are * * * * * stored; PART 167—PUBLIC NAUTICAL (3) Allow the independent laboratory SCHOOL SHIPS ■ 116. In § 167.45–45, revise the section inspector and any representative of the heading and add paragraphs (d) and (e) Coast Guard to take samples of systems ■ 113. The authority citation for part to read as follows: for tests prescribed by this subpart; and 167 continues to read as follows: § 167.45–45 Carbon dioxide fire (4) Conduct a leakage test on each Authority: 46 U.S.C. 3306, 3307, 6101, extinguishing system requirements. system cylinder-valve assembly in 8105; E.O. 12234, 45 FR 58801, 3 CFR, 1980 accordance with subsections 57.1 Comp., p. 277; Department of Homeland * * * * * through 57.4.2 of UL 2166 (incorporated Security Delegation No. 0170.1. (d)(1) A lockout valve must be by reference, see § 162.161–2) for ■ 114. In § 167.01–5, revise the section provided on any carbon dioxide halocarbon systems or subsection 55.4 heading and add paragraph (d) to read extinguishing system protecting a space of UL 2127 (incorporated by reference, as follows: over 6,000 cubic feet in volume and see § 162.161–2) for inert gas systems. installed or altered after July 9, 2013. § 167.01–5 Applicability; preemptive effect. ‘‘Altered’’ means modified or § 162.161–8 Marking. * * * * * refurbished beyond the maintenance The following information must be (d) The regulations in this part have required by the manufacturer’s design, displayed on a permanent metal or preemptive effect over State or local installation, operation and maintenance pressure-sensitive nameplate attached to regulations in the same field. manual. each agent storage cylinder/valve (2) The lockout valve must be a ■ 115. In § 167.45–1, revise the section assembly: manually operated valve located in the heading and paragraphs (a)(3), (7), (8), (a) Manufacturer’s name, address, and discharge manifold prior to the stop and (9) to read as follows: telephone number; valve or selector valves. When in the (b) Coast Guard approval number § 167.45–1 Steam, carbon dioxide, Halon closed position, the lockout valve must assigned to the system under 46 CFR 1301, and clean agent fire extinguishing provide complete isolation of the system 159.005–13; systems. from the protected space or spaces, (c) Identifying mark of the laboratory; (a) * * * making it impossible for carbon dioxide (d) Reference to the laboratory’s (3) Cabinets, boxes, or casings to discharge in the event of equipment listing standard; enclosing manifolds or valves must be failure during maintenance.

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(3) The lockout valve design or apparatus. Steam, foam, carbon dioxide, DISCHARGE INTO NEARBY SPACE locking mechanism must make it Halon, or clean agent fire smothering CAN COLLECT HERE. WHEN ALARM obvious whether the valve is open or apparatus must be marked ‘‘[STEAM/ OPERATES OR WINTERGREEN SCENT closed. FOAM/CARBON DIOXIDE/HALON/ IS DETECTED VACATE (4) A valve is considered a lockout CLEAN AGENT—as appropriate] FIRE IMMEDIATELY.’’ The reference to valve if it has a hasp or other means of APPARATUS,’’ in red letters at least 2 wintergreen scent may be omitted for attachment to which, or through which, inches high, and the valves of all branch carbon dioxide systems not required to a lock can be affixed, or it has a locking piping leading to the several have odorizing units and not equipped mechanism built into it. compartments must be distinctly with such units. (5) The master or person-in-charge marked to indicate the compartments or * * * * * must ensure that the valve is locked parts of the nautical school ship to open at all times, except while which they lead. PART 169—SAILING SCHOOL maintenance is being performed on the (2) Each entrance to a space storing VESSELS extinguishing system, when the valve carbon dioxide cylinders, a space must be locked in the closed position. protected by carbon dioxide systems, or ■ 118. The authority citation for part (6) Lockout valves added to existing any space into which carbon dioxide 169 continues to read as follows: systems must be approved by the might migrate must be conspicuously Commandant as part of the installed marked as follows: Authority: 33 U.S.C. 1321(j); 46 U.S.C. system. (i) Spaces storing carbon dioxide— 3306, 6101; Pub. L. 103–206, 107 Stat. 2439; (e) Each carbon dioxide extinguishing ‘‘CARBON DIOXIDE GAS CAN CAUSE E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 system installed or altered after [July 9, INJURY OR DEATH. VENTILATE THE Comp., p. 793; Department of Homeland 2013, must have an approved odorizing AREA BEFORE ENTERING. A HIGH Security Delegation No. 0170.1; § 169.117 unit to produce the scent of CONCENTRATION CAN OCCUR IN also issued under the authority of 44 U.S.C. wintergreen, the detection of which will THIS AREA AND CAN CAUSE 3507. serve as an indication that carbon SUFFOCATION.’’. dioxide gas is present in a protected ■ (ii) Spaces protected by carbon 119. In § 169.101, revise the section area and any other area into which the dioxide—‘‘CARBON DIOXIDE GAS heading and add a second sentence to carbon dioxide may migrate. ‘‘Altered’’ read as follows: means modified or refurbished beyond CAN CAUSE INJURY OR DEATH. the maintenance required by the WHEN ALARM OPERATES OR § 169.101 Purpose; preemptive effect. manufacturer’s design, installation, WINTERGREEN SCENT IS DETECTED, operation and maintenance manual. DO NOT ENTER UNTIL VENTILATED. * * * The regulations in this part have LOCK OUT SYSTEM WHEN ■ 117. In § 167.55–5, add paragraphs preemptive effect over State or local SERVICING.’’ The reference to (c)(1) and (2) to read as follows: regulations in the same field. wintergreen scent may be omitted for § 167.55–5 Marking of fire and emergency carbon dioxide systems not required to ■ 120. In § 169.247, revise Table equipment. have odorizing units and not equipped 169.247(a)(2) and add reserved * * * * * with such units. paragraph (b) to read as follows: (c) * * * (iii) Spaces into which carbon dioxide (1) Steam, foam, carbon dioxide, might migrate—‘‘CARBON DIOXIDE § 169.247 Firefighting equipment. Halon, or clean agent fire smothering GAS CAN CAUSE INJURY OR DEATH. * * * * *

TABLE 169.247(a)(2)—FIXED SYSTEMS

Type system Test

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

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(b) [Reserved]. Commandant as part of the installed have odorizing units and not equipped ■ 121. Revise § 169.564 to read as system. with such units. follows: ■ 123. Add § 169.571 to read as follows: ■ 125. Revise § 169.734 to read as follows: § 169.564 Fixed extinguishing system, § 169.571 Odorizing units. general. Each carbon dioxide extinguishing § 169.734 Fire extinguishing system controls. (a) A fixed carbon dioxide, Halon system installed or altered after July 9, 1301, or clean agent extinguishing 2013, must have an approved odorizing Each control cabinet or space system must be installed to protect the unit to produce the scent of containing valves or manifolds for the following spaces: wintergreen, the detection of which will various fire extinguishing systems must (1) Any vessel machinery or fuel tank serve as an indication that carbon be distinctly marked in conspicuous red space, except where the space is so open dioxide gas is present in a protected letters at least 2 inches high: ‘‘CARBON to the atmosphere as to make the use of area and any other area into which the DIOXIDE FIRE EXTINGUISHING a fixed system ineffective; carbon dioxide may migrate. ‘‘Altered’’ SYSTEM,’’ ‘‘HALON EXTINGUISHING (2) Any paint or oil room, or similar means modified or refurbished beyond SYSTEM,’’ or ‘‘CLEAN AGENT hazardous space; and the maintenance required by the EXTINGUISHING SYSTEM,’’ as (3) Any galley stove area on a vessel manufacturer’s design, installation, appropriate. greater than 90 feet in length and operation and maintenance manual. certificated for exposed or partially PART 176—INSPECTION AND protected water service. ■ 124. Revise § 169.732 to read as CERTIFICATION (b) Each fixed extinguishing system follows: ■ 126. The authority citation for part must be of an approved carbon dioxide, § 169.732 Carbon dioxide and clean agent Halon 1301, halogenated, or clean agent alarms. 176 continues to read as follows: type and installed to the satisfaction of (a) Each carbon dioxide or clean agent Authority: 33 U.S.C. 1321(j); 46 U.S.C. the Officer in Charge, Marine 2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; fire extinguishing alarm must be Inspection. E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 conspicuously marked: ‘‘WHEN ■ 122. Add § 169.570 to read as follows: Comp., p. 743; E.O. 12234, 45 FR 58801, 3 ALARM SOUNDS VACATE AT ONCE. CFR, 1980 Comp., p. 277; Department of § 169.570 Lockout valves. CARBON DIOXIDE OR CLEAN AGENT Homeland Security Delegation No. 0170.1. BEING RELEASED.’’. (a) A lockout valve must be provided ■ (b) Each entrance to a space storing 127. In subpart A, revise the subpart on any carbon dioxide extinguishing A heading to read as follows: system protecting a space over 6,000 carbon dioxide cylinders, a space cubic feet in volume and installed or protected by carbon dioxide systems, or Subpart A—General Provisions; altered after [July 9, 2013. ‘‘Altered’’ any space into which carbon dioxide Certificate of Inspection means modified or refurbished beyond might migrate must be conspicuously the maintenance required by the marked as follows: §§ 176.2 through 176.99 [Reserved] manufacturer’s design, installation, (1) Spaces storing carbon dioxide— ■ 128. Add reserved §§ 176.2 through operation and maintenance manual. ‘‘CARBON DIOXIDE GAS CAN CAUSE 176.99 and add § 176.1 to read as (b) The lockout valve must be a INJURY OR DEATH. VENTILATE THE follows: manually operated valve located in the AREA BEFORE ENTERING. A HIGH discharge manifold prior to the stop CONCENTRATION CAN OCCUR IN § 176.1 Preemptive effect. valve or selector valves. When in the THIS AREA AND CAN CAUSE The regulations in this part have closed position, the lockout valve must SUFFOCATION.’’. preemptive effect over State or local provide complete isolation of the system (2) Spaces protected by carbon regulations in the same field. from the protected space or spaces, dioxide—‘‘CARBON DIOXIDE GAS ■ 129. In § 176.810, revise paragraph making it impossible for carbon dioxide CAN CAUSE INJURY OR DEATH. (b)(2) to read as follows: to discharge in the event of equipment WHEN ALARM OPERATES OR failure during maintenance. WINTERGREEN SCENT IS DETECTED, § 176.810 Fire protection. (c) The lockout valve design or DO NOT ENTER UNTIL VENTILATED. * * * * * locking mechanism must make it LOCK OUT SYSTEM WHEN (b) * * * obvious whether the valve is open or SERVICING.’’ The reference to (2) For semiportable and fixed gas fire closed. wintergreen scent may be omitted for extinguishing systems, the inspections (d) A valve is considered a lockout carbon dioxide systems not required to and tests required by Table valve if it has a hasp or other means of have odorizing units and not equipped 176.810(b)(2), in addition to the tests attachment to which, or through which, with such units. required by 46 CFR 147.60, 147.65, a lock can be affixed, or it has a locking (3) Spaces into which carbon dioxide 147.66, and 147.67. The owner or mechanism built into it. might migrate—‘‘CARBON DIOXIDE managing operator must provide (e) The master or person-in-charge GAS CAN CAUSE INJURY OR DEATH. satisfactory evidence of the required must ensure that the valve is locked DISCHARGE INTO NEARBY SPACE servicing to the marine inspector. If any open at all times, except while CAN COLLECT HERE. WHEN ALARM equipment or record has not been maintenance is being performed on the OPERATES OR WINTERGREEN SCENT properly maintained, a qualified extinguishing system, when the valve IS DETECTED VACATE servicing facility may be required to must be locked in the closed position. IMMEDIATELY.’’ The reference to perform the required inspections, (f) Lockout valves added to existing wintergreen scent may be omitted for maintenance procedures, and systems must be approved by the carbon dioxide systems not required to hydrostatic pressure tests.

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TABLE 176.810(b)(2)—SEMIPORTABLE AND FIXED FIRE EXTINGUISHING SYSTEMS

Type system Test

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

* * * * * more than 80° from the vertical. (iv) The master or person-in-charge Cylinders for clean agent systems must must ensure that the valve is locked PART 181—FIRE PROTECTION be installed in an upright position open at all times, except while EQUIPMENT unless otherwise specified in the maintenance is being performed on the system’s instruction manual. extinguishing system, when the valve ■ 130. The authority citation for part must be locked in the closed position. 181 continues to read as follows: (f) * * * (v) Lockout valves added to existing Authority: 46 U.S.C. 2103, 3306; E.O. (7) A lockout valve must be provided 12234, 45 FR 58801, 3 CFR, 1980 Comp., on any carbon dioxide extinguishing systems must be approved by the p. 277; Department of Homeland Security system protecting a space over 6,000 Commandant as part of the installed Delegation No. 0170.1. cubic feet in volume and installed or system. ■ 131. In § 181.115, revise the section altered after [July 9, 2013. ‘‘Altered’’ (8) Each carbon dioxide extinguishing heading and add paragraph (d) to read means modified or refurbished beyond system installed or altered after July 9, as follows: the maintenance required by the 2013, must have an approved odorizing manufacturer’s design, installation, unit to produce the scent of § 181.115 Applicability; preemptive effect. operation and maintenance manual. wintergreen, the detection of which will * * * * * (i) The lockout valve must be a serve as an indication that carbon (d) The regulations in this part have manually operated valve located in the dioxide gas is present in a protected preemptive effect over State or local discharge manifold prior to the stop area and any other area into which the regulations in the same field. valve or selector valves. When in the carbon dioxide may migrate. ‘‘Altered’’ ■ 132. In § 181.410, revise paragraph closed position, the lockout valve must means modified or refurbished beyond (c)(7) and add paragraphs (f)(7) and (8) provide complete isolation of the system the maintenance required by the to read as follows: from the protected space or spaces, manufacturer’s design, installation, making it impossible for carbon dioxide operation and maintenance manual. § 181.410 Fixed gas fire extinguishing systems. to discharge in the event of equipment * * * * * failure during maintenance. * * * * * (c) * * * (ii) The lockout valve design or PART 182—MACHINERY (7) A Halon 1301 storage cylinder locking mechanism must make it INSTALLATION must be stowed in an upright position obvious whether the valve is open or unless otherwise listed by the closed. ■ 133. The authority citation for part independent laboratory. A carbon (iii) A valve is considered a lockout 182 continues to read as follows: dioxide cylinder may not be inclined valve if it has a hasp or other means of Authority: 46 U.S.C. 3306; E.O. 12234, 45 more than 30° from the vertical unless attachment to which, or through which, FR 58801, 3 CFR, 1980 Comp., p. 277; fitted with flexible or bent siphon tubes, a lock can be affixed, or it has a locking Department of Homeland Security Delegation in which case it may be inclined not mechanism built into it. No. 0170.1.

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■ 134. In § 182.115, revise the section § 185.612 Fire protection equipment. OPERATES OR WINTERGREEN SCENT heading and add paragraph (e) to read * * * * * IS DETECTED VACATE as follows: (f) The control cabinets or spaces IMMEDIATELY.’’ The reference to containing valves, manifolds or controls wintergreen scent may be omitted for § 182.115 Applicability; preemptive effect. for the various fire extinguishing carbon dioxide systems not required to * * * * * systems must be marked in conspicuous have odorizing units and not equipped (e) The regulations in this part have red letters at least 2 inches high: with such units. preemptive effect over State or local ‘‘[STEAM/CARBON DIOXIDE/CLEAN regulations in the same field. AGENT/FOAM/WATER SPRAY—as PART 189—INSPECTION AND CERTIFICATION ■ 135. In § 182.710, revise paragraph appropriate] FIRE APPARATUS.’’. (g) Each entrance to a space storing (a)(3) to read as follows: carbon dioxide cylinders, a space ■ 139. The authority citation for part § 182.710 Piping for vital systems. protected by carbon dioxide systems, or 189 continues to read as follows: any space into which carbon dioxide (a) * * * Authority: 33 U.S.C. 1321(j); 46 U.S.C. might migrate must be conspicuously 2113, 3306, 3307; E.O. 12234, 45 FR 58801, (3) Carbon dioxide, Halon 1301, and marked as follows: 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 clean agent systems; (1) Spaces storing carbon dioxide— FR 54757, 3 CFR, 1991 Comp., p. 351; * * * * * ‘‘CARBON DIOXIDE GAS CAN CAUSE Department of Homeland Security Delegation INJURY OR DEATH. VENTILATE THE No. 0170.1. PART 185—OPERATIONS AREA BEFORE ENTERING. A HIGH ■ 140. Revise the 189.01 subpart CONCENTRATION CAN OCCUR IN heading to read as follows: ■ 136. The authority citation for part THIS AREA AND CAN CAUSE 185 continues to read as follows: SUFFOCATION.’’. Subpart 189.01—General Provisions; Authority: 46 U.S.C. 2103, 3306, 6101; E.O. (2) Spaces protected by carbon Certificate of Inspection 12234, 45 FR 58801, 3 CFR, 1980 Comp., dioxide—‘‘CARBON DIOXIDE GAS § 189.01–1 [Redesignated as § 189.01–2] p. 277; Department of Homeland Security CAN CAUSE INJURY OR DEATH. Delegation No. 0170.1. WHEN ALARM OPERATES OR ■ 141. Redesignate existing § 189.01–1 WINTERGREEN SCENT IS DETECTED, as § 189.01–2, and add new § 189.01–1 ■ 137. In § 185.115, revise the section DO NOT ENTER UNTIL VENTILATED. to read as follows: heading and add paragraph (d) to read LOCK OUT SYSTEM WHEN as follows: SERVICING.’’ The reference to § 189.01–1 Preemptive effect. § 185.115 Applicability; preemptive effect. wintergreen scent may be omitted for The regulations in this part have preemptive effect over State or local * * * * * carbon dioxide systems not required to have odorizing units and not equipped regulations in the same field. (d) The regulations in this part have with such units. ■ 142. In § 189.25–20, revise the section preemptive effect over State or local (3) Spaces into which carbon dioxide regulations in the same field. heading and Table 189.25–20(a)(2) to might migrate—‘‘CARBON DIOXIDE read as follows: ■ 138. Amend § 185.612 by revising GAS CAN CAUSE INJURY OR DEATH. paragraph (f) and adding paragraph (g) DISCHARGE INTO NEARBY SPACE § 189.25–20 Fire extinguishing equipment. to read as follows: CAN COLLECT HERE. WHEN ALARM * * * * *

TABLE 189.25–20(a)(2)

Type system Test

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

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* * * * * and paint lockers, oil rooms, and similar Subpart 193.15—Carbon Dioxide and ■ 143. In § 189.55–5, revise paragraph spaces. Clean Agent Extinguishing Systems, (d)(4) to read as follows: (b) A fixed carbon dioxide or clean Details agent fire extinguishing system § 189.55–5 Plans and specifications complying with 46 CFR subparts 95.15 * * * * * required for new construction. and 95.16 must be installed for: ■ 152. Add § 193.15–16 to read as * * * * * (1) Internal combustion engine follows: (d) * * * installations; § 193.15–16 Lockout valves. (4) Details of extinguishing systems, (2) Gas turbine installations; including fire mains, carbon dioxide, (3) Enclosed spaces containing (a) A lockout valve must be provided clean agent, foam, and sprinkling gasoline engines; on any carbon dioxide extinguishing systems. (4) Chemical storerooms; system protecting a space over 6,000 * * * * * (5) Any space containing auxiliaries cubic feet in volume and installed or with an aggregate power of 1,000 brake altered after [July 9, 2013. ‘‘Altered’’ PART 190—CONSTRUCTION AND means modified or refurbished beyond ARRANGEMENT horsepower (b.h.p.) or greater, or their fuel oil units, including purifiers, the maintenance required by the ■ 144. The authority citation for part valves, and manifolds, on vessels of manufacturer’s design, installation, 190 continues to read as follows: 1,000 gross tons and over; and operation and maintenance manual. (b) The lockout valve must be a Authority: 46 U.S.C. 2113, 3306; E.O. (6) Enclosed ventilating systems 12234, 45 FR 58801, 3 CFR, 1980 Comp., installed for electric propulsion motors manually operated valve located in the p. 277; Department of Homeland Security or generators. discharge manifold prior to the stop Delegation No. 0170.1. (c) On vessels of 1,000 gross tons and valve or selector valves. When in the closed position, the lockout valve must ■ 145. Add new subpart 190.00, over, a fixed carbon dioxide or clean provide complete isolation of the system consisting of § 190.00–1, to read as agent fire extinguishing system from the protected space or spaces, follows: complying with 46 CFR subparts 95.15 and 95.16 or a foam system complying making it impossible for carbon dioxide Subpart 190.00—General Provisions with 46 CFR subpart 95.17 must be to discharge in the event of equipment installed for any space containing main failure during maintenance. § 190.00–1 Preemptive effect. or auxiliary oil fired boilers or their (c) The lockout valve design or The regulations in this part have associated fuel oil units, valves, or locking mechanism must make it preemptive effect over State or local manifolds in the line between the obvious whether the valve is open or regulations in the same field. settling tanks and the boilers. closed. ■ 146. In § 190.15–5, revise paragraph (d) Systems for spaces containing (d) A valve is considered a lockout (i) to read as follows: explosives and other dangerous articles valve if it has a hasp or other means of or substances must also comply with attachment to which, or through which, § 190.15–5 Vessels using fuel having a 46 CFR part 194. flashpoint of 110 ≥F or lower. a lock can be affixed, or it has a locking ■ mechanism built into it. * * * * * 150. In § 193.10–5, revise the section (i) Provisions must be made for heading and paragraph (h) to read as (e) The master or person-in-charge closing all cowls or scoops when the follows: must ensure that the valve is locked fixed carbon dioxide or clean agent § 193.10–5 Fire main system, details. open at all times, except while system is operated. maintenance is being performed on the * * * * * extinguishing system, when the valve PART 193—FIRE PROTECTION (h) On vessels with main or auxiliary must be locked in the closed position. EQUIPMENT oil fired boilers or vessels with internal combustion propulsion machinery, (f) Lockout valves added to existing systems must be approved by the ■ 147. The authority citation for part when two fire pumps are required, the Commandant as part of the installed 193 continues to read as follows: boilers or machinery must be located in system. Authority: 46 U.S.C. 2213, 3102, 3306; E.O. separate spaces, and the arrangement, ■ 12234, 45 FR 58801, 3 CFR, 1980 Comp., pumps, sea connections, and sources of 153. Add § 193.15–17 to read as p. 277; Department of Homeland Security power must be such as to ensure that a follows: Delegation No. 0170.1. fire in any one space will not put all of the fire pumps out of operation. § 193.15–17 Odorizing units. ■ 148. In § 193.01–1, revise the section However, when it is shown to the Each carbon dioxide extinguishing heading and add paragraph (c) to read satisfaction of the Commandant that it is system installed or altered after July 9, as follows: unreasonable or impracticable to meet 2013, must have an approved odorizing § 193.01–1 General; preemptive effect. this requirement due to the size or unit to produce the scent of arrangement of the vessel, or for other wintergreen, the detection of which will * * * * * reasons, the installation of a total serve as an indication that carbon (c) The regulations in this part have flooding system using carbon dioxide or dioxide gas is present in a protected preemptive effect over State or local a clean agent complying with 46 CFR area and any other area into which the regulations in the same field. subpart 95.16 may be accepted as an carbon dioxide may migrate. ‘‘Altered’’ ■ 149. Revise § 193.05–10 to read as alternate method of extinguishing any means modified or refurbished beyond follows: fire that could affect the powering and the maintenance required by the § 193.05–10 Fixed fire extinguishing operation for the required fire pumps. manufacturer’s design, installation, systems. * * * * * operation and maintenance manual. (a) Approved fire extinguishing ■ 151. Revise the heading to subpart ■ 154. Add § 193.15–50 to read as systems must be installed in all lamp 193.15 to read as follows: follows:

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§ 193.15–50 Clean agent systems. 54757, 3 CFR, 1991 Comp., p. 351; E.O. GAS CAN CAUSE INJURY OR DEATH. A clean agent system complying with 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. DISCHARGE INTO NEARBY SPACE 46 CFR subpart 95.16 may be used as an 277; Department of Homeland Security CAN COLLECT HERE. WHEN ALARM alternative to a carbon dioxide fire Delegation No. 0170.1. OPERATES OR WINTERGREEN SCENT extinguishing system. ■ 159. In § 196.01–1, revise the section IS DETECTED VACATE heading and add paragraph (b) to read IMMEDIATELY.’’ The reference to PART 194—HANDLING, USE, AND as follows: wintergreen scent may be omitted for CONTROL OF EXPLOSIVES AND carbon dioxide systems not required to § 196.01–1 General; preemptive effect. OTHER HAZARDOUS MATERIALS have odorizing units and not equipped * * * * * with such units. ■ 155. The authority citation for part (b) The regulations in this part have 194 continues to read as follows: preemptive effect over State or local ■ 161. Revise § 196.37–9 to read as Authority: 46 U.S.C. 2103, 2113, 3306; regulations in the same field. follows: 49 U.S.C. App. 1804; E.O. 12234, 45 FR ■ 160. Add § 196.37–8 to read as § 196.37–9 Carbon dioxide and clean agent 58801, 3 CFR, 1980 Comp., p. 277; follows: alarms. Department of Homeland Security Delegation No. 0170.1. § 196.37–8 Carbon dioxide warning signs. Each extinguishing system using ■ 156. In § 194.01–1, revise the section Each entrance to a space storing carbon dioxide or clean agent heading and add paragraph (e) to read carbon dioxide cylinders, a space complying with 46 CFR subpart 95.16 as follows: protected by carbon dioxide systems, or must be conspicuously marked in an any space into which carbon dioxide adjacent location: ‘‘WHEN ALARM § 194.01–1 General; preemptive effect. might migrate must be conspicuously SOUNDS VACATE AT ONCE. CARBON * * * * * marked as follows: DIOXIDE OR CLEAN AGENT BEING (e) The regulations in this part have (a) Spaces storing carbon dioxide— RELEASED.’’. preemptive effect over State or local ‘‘CARBON DIOXIDE GAS CAN CAUSE ■ 162. Revise § 196.37–13 to read as regulations in the same field. INJURY OR DEATH. VENTILATE THE follows: ■ 157. In § 194.20–7, revise paragraph AREA BEFORE ENTERING. A HIGH (a) to read as follows: CONCENTRATION CAN OCCUR IN § 196.37–13 Fire extinguishing system THIS AREA AND CAN CAUSE controls. § 194.20–7 Fire protection. SUFFOCATION.’’. The control cabinets or spaces (a) Each chemical storeroom must be (b) Spaces protected by carbon containing valves, manifolds, or protected by a fixed automatic dioxide—‘‘CARBON DIOXIDE GAS controls for the various fire extinguishing system using carbon CAN CAUSE INJURY OR DEATH. extinguishing systems must be marked dioxide or a clean agent complying with WHEN ALARM OPERATES OR in conspicuous red letters at least 2 46 CFR subpart 95.16, installed in WINTERGREEN SCENT IS DETECTED, inches high: ‘‘[CARBON DIOXIDE/ accordance with 46 CFR subpart 193.15. DO NOT ENTER UNTIL VENTILATED. CLEAN AGENT/FOAM—as appropriate] * * * * * LOCK OUT SYSTEM WHEN FIRE APPARATUS.’’. SERVICING.’’ The reference to PART 196—OPERATIONS wintergreen scent may be omitted for Dated: March 1, 2012. carbon dioxide systems not required to F.J. Sturm, ■ 158. The authority citation for part have odorizing units and not equipped Acting Director of Commercial Regulations 196 continues to read as follows: with such units. and Standards. Authority: 33 U.S.C. 1321(j); 46 U.S.C. (c) Spaces into which carbon dioxide [FR Doc. 2012–12334 Filed 6–6–12; 8:45 am] 2213, 3306, 5115, 6101; E.O. 12777, 56 FR might migrate—‘‘CARBON DIOXIDE BILLING CODE 9110–04–P

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