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Department of Homeland Security 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 VerDate Mar<15>2010 18:52 Jun 06, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07JNR2.SGM 07JNR2 tkelley on DSK3SPTVN1PROD with RULES2 33860 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations 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. VerDate Mar<15>2010 18:52 Jun 06, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\07JNR2.SGM 07JNR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 110 / Thursday, June 7, 2012 / Rules and Regulations 33861 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.
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