83 FR 8175 - Harmonization of Fire Protection Equipment Standards for Towing Vessels

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 38 (February 26, 2018)

The Coast Guard is issuing an interim final rule to apply changes made by the 2016 final rule, Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment, to inspected towing vessels. Applying these updated fire protection requirements to inspected towing vessels will align regulations for inspected towing vessels with other commercial vessel regulations.

[Federal Register Volume 83, Number 38 (Monday, February 26, 2018)]
[Rules and Regulations]
[Pages 8175-8181]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03733]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 136 and 142

[Docket No. USCG-2017-1060]
RIN 1625-AC43


Harmonization of Fire Protection Equipment Standards for Towing 
Vessels

AGENCY: Coast Guard, DHS.

ACTION: Interim final rule; request for comments.

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SUMMARY: The Coast Guard is issuing an interim final rule to apply 
changes made by the 2016 final rule, Harmonization of Standards for 
Fire Protection, Detection, and Extinguishing Equipment, to inspected 
towing vessels. Applying these updated fire protection requirements to 
inspected towing vessels will align regulations for inspected towing 
vessels with other commercial vessel regulations.

DATES: This interim final rule is effective March 28, 2018. Comments 
and related material must be submitted to the online docket via http://www.regulations.gov on or before March 28, 2018. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register on March 28, 2018.

ADDRESSES:  You may submit comments identified by docket number USCG-
2017-1060 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section of this 
document for further instructions on submitting comments.
    Viewing material proposed for incorporation by reference. Make 
arrangements to view this material by contacting the person identified 
in the FOR FURTHER INFORMATION CONTACT section of this document.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or email LT Alexandra Miller, Office of Design and Engineering 
Standards, Lifesaving and Fire Safety Division (CG-ENG-4), Coast Guard; 
telephone 202-372-1356, email [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

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

I. Abbreviations

    CFR Code of Federal Regulations
    DHS Department of Homeland Security
    Fire Protection rule Harmonization of Standards for Fire 
Protection, Detection, and Extinguishing Equipment final rule, 81 FR 
48220, July 22, 2016
    FR Federal Register
    IFR Interim final rule
    NFPA 10 National Fire Protection Association Standard for 
Portable Fire Extinguishers, 2010 edition
    OMB Office of Management and Budget
    RA Regulatory Analysis
    Sec.  Section symbol
    Subchapter M 46 CFR subchapter M--Towing Vessels
    U.S.C. United States Code

II. Basis and Purpose, and Regulatory History

    This interim final rule harmonizes fire protection requirements 
regarding portable and semi-portable fire extinguishers on inspected 
towing vessels with the requirements for other commercial vessels in 
Title 46 of the Code of Federal Regulations (CFR), including 
uninspected towing vessels. The Coast Guard may regulate fire 
protection equipment on inspected towing vessels under statutory 
authority found in 46 U.S.C. 3301 and 3306, which was delegated by the 
Secretary of Homeland Security to the Coast Guard in DHS Delegation 
Number 0170.1(II)(92).
    The Coast Guard issues this rule without prior notice and 
opportunity for public comment. Section 553(b)(B) of the Administrative 
Procedure Act provides an exception from notice and comment 
requirements when an agency finds that notice and comment are 
``impracticable, unnecessary, or contrary to the public interest.'' In 
accordance with 5 U.S.C. 553(b)(B), the Coast Guard finds that notice 
and comment are unnecessary because this rule would not require a 
substantive change of fire protection equipment on towing vessels, and 
would align with regulatory requirements already met by all existing 
towing vessels. This rule will revise 46 CFR subchapter M to require 
inspected towing vessels to meet fire protection equipment requirements 
that already apply to other commercial vessels, including uninspected 
towing vessels. The Coast Guard updated these standards in its 2016 
Fire Protection rule. At the time the Coast Guard updated the fire 
protection equipment requirements for other commercial vessels, there 
were no towing vessels inspected under subchapter M: The Coast Guard 
established subchapter M in a June 2016 rule that published one month 
prior to the Fire Protection rule, and, as a practical matter, did not 
place requirements on any towing vessel until July 2017 or later.\1\ 
Because of the timing of subchapter M requirements, at this time 
uninspected towing vessels are subject to the more modern Fire 
Protection rule provisions. This rule corrects the anomalous situation 
whereby a towing vessel transitioning from uninspected to inspected 
status would be required to comply with the previous standards instead 
of the updated Fire Protection rule. Moreover, all existing marine fire 
extinguishers already meet the requirements of this interim final rule, 
and the number of extinguishers required on a vessel will not change. 
Because this rule will not require any existing vessel to change its 
equipment or practices, the Coast Guard finds good cause to forgo 
notice and opportunity to comment.
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    \1\ The Inspection of Towing Vessels final rule published on 
June 20, 2016 (81 FR 40003). It gave existing towing vessels 2 years 
or more to comply with the rule, and defined ``new towing vessel'' 
such that no vessel would be subject to new vessel requirements 
until at least July 20, 2017. See discussion at 81 FR 40061.

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[[Page 8176]]

III. Discussion of the Rule

    Under existing regulations, towing vessels must carry Coast Guard-
approved fire extinguishers.\2\ Historically, the labels on all Coast 
Guard-approved fire extinguishers displayed two ratings: A performance 
rating determined by testing to the industry consensus standard UL 711, 
and a USCG Type/Size rating based on type of fire and the quantity of 
extinguishing agent. In its Fire Protection rule, the Coast Guard 
eliminated the USCG Type/Size rating requirement from 46 CFR part 162 
in favor of the UL standard, but the fire protection regulations in 46 
CFR subchapter M are still framed in terms of USCG Type/Size rating. 
This rule will change those provisions in part 142 of subchapter M to 
reflect the UL standard instead, matching the changes made by the Fire 
Protection rule.
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    \2\ See 46 CFR part 142 subpart B for inspected towing vessels, 
and 46 CFR subpart 25.30 for uninspected towing vessels.
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    This rule does not change the number of extinguishers required, and 
an extinguisher that displays the USCG Type/Size rating may still be 
used if it meets all other requirements. This rule adds a 
grandfathering clause in section 142.231(a), identical to one that 
appears in 46 CFR 25.30-80 as a result of the Fire Protection rule, in 
order to avoid any new obligation on uninspected vessels that become 
inspected and subject to subchapter M. For similar reasons, section 
142.240 makes semi-portable fire extinguishers subject to the rules for 
portable extinguishers instead of fixed fire extinguishing systems; 
this change matches the treatment of semi-portable extinguishers on 
similar vessels subject to 46 CFR part 25.
    In addition, this rule revises maintenance requirements for fire 
extinguishers. Subchapter M had required extinguisher maintenance in 
accordance with the industry consensus standard NFPA 10, which requires 
certified personnel to conduct annual fire extinguishing equipment 
maintenance. NFPA 10 also requires monthly visual inspections and 
documentation by certified personnel. Section 142.240 provides for some 
departures from NFPA 10 to: Allow for the acceptance of state and local 
licenses for inspections; allow an owner, operator, or qualified 
crewmember to complete monthly inspections (as opposed to certified 
personnel); and reduce the requirements of the annual inspection for 
non-rechargeable extinguishers. These modifications are consistent with 
those put into place for other commercial vessels, including 
uninspected towing vessels, by the Fire Protection rule. Section 
142.240(a) also imports a provision from the Fire Protection rule 
requiring that if the marine inspector or third-party organization 
finds that equipment or records are not properly maintained, then a 
qualified servicing facility must perform the required activities. This 
provision is less stringent than the NFPA 10 provision in the original 
subchapter M text.
    Finally, this rule makes non-substantive changes such as replacing 
the term ``hand-portable'' with ``portable.'' It also updates the 
edition of NFPA 10 from 2007 to the 2010 edition used in the Fire 
Protection rule; there are no substantive changes between these two 
editions.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of E.O. 12866. 
As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum ``Guidance Implementing Executive Order 13771, Titled 
`Reducing Regulation and Controlling Regulatory Costs' '' (April 5, 
2017). A regulatory analysis (RA) follows.
    This interim final rule (IFR) will update the fire safety rules in 
subchapter M to incorporate changes brought about by the publication of 
the Fire Protection final rule. Specifically, fire extinguisher ratings 
and carriage requirements must all be brought up to date. Affected 
sections of subchapter M (all located in 46 CFR part 142, Fire 
Protection) are: Sec. Sec.  142.215(a), (c) and (d); 142.225(d); 
142.230; new 142.231; 142.240; and 142.315(a)(3)(i) and (b)(1).
    Table 1 presents a summary of the impacts of this rule.

                 Table 1--Summary of Impacts of the Rule
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                Category                             Summary
------------------------------------------------------------------------
Applicability..........................  Towing vessels required to be
                                          inspected under subchapter M.
Affected population....................  5,509 towing vessels.
Costs..................................  No costs identified.
Benefits...............................  Harmonizes with Fire Protection
                                          to provide consistent guidance
                                          to industry.
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Affected Population
    The affected population consists of the U.S. flagged towing vessels 
subject to the provisions of subchapter M. The RA performed for the 
Inspection of Towing Vessels final rule identified 5,509 towing vessels 
that will be affected and concluded that the long-term pattern was a 
steady-state population. We have no new information to revise that 
conclusion

[[Page 8177]]

and will use the population from that rule for this analysis.
Cost Analysis
    This interim final rule contains 29 changes to the fire protection 
regulations in subchapter M. A summary of these changes follows:
     Made eighteen minor edits to the regulatory text to 
harmonize subchapter M text with Fire Protection (e.g., ``hand 
portable'' to ``portable''); update technical references (e.g. ``B-1'' 
to ``10-B:C:''); correct grammatical errors or improve clarity; and 
harmonize references to other sections within subchapter M.
     Revised five paragraphs to either consolidate or edit 
existing text for clarity, or delete text that is no longer needed.
     Added three new provisions to increase industry options to 
comply with NFPA 10. An example is to allow for the acceptance of state 
and local licenses for inspections.
     Added a new paragraph to allow equipment beyond the 
regulatory minimum.
     Added a new paragraph to allow continued use of existing 
dual-label equipment.
     Added a new provision that restates current recordkeeping 
requirements.
    Overall, the Coast Guard has not identified any costs associated 
with these changes. The changes and economic impacts are described in 
Table 2.

                                 Table 2--Assessment of Cost Impacts of the Rule
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       Description of change             Type of change                          Cost impact
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Subpart B--List of Sections
    Change ``Hand-portable'' to      Non-substantive text   No cost.
     ``Portable''.                    edit for consistent
                                      usage.
    Add new section title ``142.231  Non-substantive text   No cost.
     Exception for portable and       edit to consolidate
     semi-portable extinguishers      requirements for new
     required for existing towing     and existing vessels.
     vessels.''
Sec.   142.215(a)
    Change ``Hand-portable'' to      Non-substantive text   No cost.
     ``Portable.''.                   edit for consistent
                                      usage.
Sec.   142.215(c)
    Edit and reorganize paragraph    Non-substantive text   No cost.
     for clarity.                     edit only.
    Moved the last sentence to new   Non-substantive text   No cost.
     paragraph Sec.   142.215(d).     edit only.
Sec.   142.215(d)
    Created new paragraph Sec.       Non-substantive text   No cost.
     142.215(d) that contains the     edit only.
     last sentence of former Sec.
     142.215(c).
Sec.   142.225(d)
    Change equipment type from ``B-  Non-substantive text   No cost.
     II'' to ``40-B'' and other       edit for consistent
     edits.                           usage.
    Edit and reorganize paragraph    Non-substantive text   No cost.
     for clarity.                     edit only.
Sec.   142.230
    Change ``Hand-portable'' to      Non-substantive text   No cost.
     ``Portable''.                    edit for consistent
                                      usage.
Sec.   142.230(a), (b), & (c)
    Delete, refers to labeling       Removal of outdated    No cost.
     system that is no longer in      labeling terms.
     use. Former paragraphs (d) and
     (e) now (a) and (b).
Sec.   142.230(d)(1) new Sec.
 142.230(a)
    Change ``B-I'' to ``10-B:C'',    Change to labeling     No cost.
     ``Hand-portable'' to             terms.
     ``Portable'', and ``B-II'' to
     ``40-B:C.''
Sec.   142.230(d)(2) new Sec.
 142.230(b)
    Change ``Hand-portable'' to      Non-substantive text   No cost.
     ``Portable''.                    edit for consistent
                                      usage.
    Change ``a'' to ``At'' and       Non-substantive text   No cost.
     correct references to table      edit only.
     and paragraph.
    In Table 142.230(d)(2), change   Change to labeling     No cost.
     ``B-II'' to ``40-B:C''.          terms.
Sec.   142.230(d)(2)(ii)
    Delete paragraph as no longer    Non-substantive text   No cost.
     needed.                          edit only.
Sec.   142.230(e) new Sec.
 142.230(c)
    Change paragraph reference and   Removal of outdated    No cost.
     change reference to sizes to     labeling terms.
     ``any.''
New Sec.   142.230(d)
    Allow for equipment beyond       New text.............  No cost, no mandated requirements.
     regulatory minimum.
Sec.   142.231(a)
    Add provision to accept current  New text.............  No cost, no mandated requirements.
     equipment and continue use of
     dual-label equipment.
Sec.   142.231(b)
    Reference requirements in part   New text.............  No cost, subchapter M applies to new vessels.
     142 for new vessels.
Sec.   142.240(a)
    Change ``Hand-portable'' to      Non-substantive text   No cost.
     ``Portable''.                    edit for consistent
                                      usage.
Sec.   142.240(a)(1)(i)
    Move requirements for semi-      Align with 46 CFR      No cost.
     portable equipment from Sec.     part 25.
     142.240(a)(2) to this sub-
     paragraph.
    Delete references to Table       Non-substantive text   No cost.
     142.240 as this is redundant     edit for clarity.
     with existing text.

[[Page 8178]]

 
    Allow for the acceptance of      New text.............  No cost, no mandated requirements.
     state and local licenses for
     inspections.
Sec.   142.240(a)(1)(ii)
    Modify requirements of NFPA 10   New text.............  No cost, no mandated requirements.
     to allow monthly inspections
     by owner, operator, person-in-
     charge, or crew member.
Sec.   142.240(a)(1)(iii)
    Modify requirements of NFPA 10   New text.............  No cost, no mandated requirements.
     to allow annual maintenance by
     owner, operator, person-in-
     charge, or crew member.
Sec.   142.240(a)(1)(iv)
    Maintain evidence of servicing   New text.............  No cost, current industry practice.
     and provide to inspector. If
     evidence is unsatisfactory,
     prescribed examinations,
     maintenance, and tests must be
     conducted.
Sec.   142.240(a)(2)
    Delete ``semi-portable.''......  Align with 46 CFR      No cost, current industry practice.
                                      part 25 and NFPA 10.
Sec.   142.240, Table 142.240
    Delete ``semi-portable''.......  Align with 46 CFR      No cost, current industry practice.
                                      part 25 and NFPA 10.
Sec.   142.240(c)(2)
    Change ``Hand-portable'' to      Non-substantive text   No cost.
     ``Portable''.                    edit for consistent
                                      usage.
Sec.   142.315(a)(3)(i) & (b)(1)
    Change ``B-V'' to ``160-B.''...  Change to labeling     No cost.
                                      terms.
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Benefits
    The primary benefit of this interim final rule is to align the fire 
safety rules in subchapter M with the changes brought about by the 
publication of the Fire Protection rule. The changes include removal of 
a labeling requirement, and flexibility in the application of NFPA 10. 
This will provide a consistent set of fire protection requirements to 
towing vessel owners and operators.
Alternatives
    When creating this interim final rule, the Coast Guard considered 
several alternatives. The previous analysis represents the preferred 
alternative, which will align fire protection requirements in 
subchapter M with the Fire Protection rule.
Alternative 1: Preferred Alternative
    The preferred alternative is to update the fire safety rules in 
subchapter M to match changes made by the Fire Protection rule. The 
analysis for this alternative appears in the ``Regulatory Analysis'' 
section of the preamble of this interim final rule.
Alternative 2: No Action Alternative
    In this alternative, the Coast Guard would take no action regarding 
the differences between 46 CFR part 25 and 46 CFR part 142. As this 
would impose an inconvenience to industry by not removing the outdated 
labeling requirement, we reject this alternative.
Alternative 3: Not Including New Options
    This option would remove the outdated labeling requirement for fire 
extinguishers, but would not provide for any flexibility in applying 
the requirements of NFPA 10. The benefit of this alternative is the 
harmonization of text with other fire protection regulations, including 
those that already apply to uninspected towing vessels. This 
alternative would not add any new costs, as NFPA 10 is referenced in 
subchapter M, but would not offer any new compliance options.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    Our economic analysis concluded that this interim final rule will 
have no cost impact and will not affect the small entities that own and 
operate the towing vessels that comprise the affected population, 
described above. Therefore, the Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will have a 
significant economic impact on it, please submit a comment at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule will economically affect 
it.

C. Assistance for Small Entities

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

D. Collection of Information

    This rule calls for no new collection of information or 
modification of an existing collection of information under the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.

[[Page 8179]]

E. Federalism

    A rule has implications for federalism under Executive Order 13132 
(``Federalism'') if it has a substantial direct effect on States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this rule under Executive Order 13132 
and have determined that it is consistent with the fundamental 
federalism principles and preemption requirements described in 
Executive Order 13132. Our analysis is explained below.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled 
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 
8101 (design, construction, alteration, repair, maintenance, operation, 
equipping, personnel qualification, and manning of vessels), as well as 
the reporting of casualties and any other category in which Congress 
intended the Coast Guard to be the sole source of a vessel's 
obligations, are within the field foreclosed from regulation by the 
States. See the Supreme Court's decision in United States v. Locke and 
Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). This rule 
covers foreclosed categories as it establishes regulations covering 
fire extinguishing equipment for towing vessels subject to inspection 
under 46 U.S.C. 3301 and 3306. Therefore, because the States may not 
regulate within these categories, this rule is consistent with the 
fundamental federalism principles and preemption requirements described 
in Executive Order 13132.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

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

L. Technical Standards and Incorporation by Reference

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., 
specifications of materials, performance, design, or operation; test 
methods; sampling procedures; and related management systems practices) 
that are developed or adopted by voluntary consensus standards bodies. 
This rule uses the following updated voluntary consensus standard:
    NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, 
effective December 5, 2009. This standard applies to the selection, 
installation, inspection, maintenance, recharging, and testing of 
portable fire extinguishers.
    Consistent with 1 CFR part 51 incorporation by reference 
provisions, this material is reasonably available. Interested persons 
have access to it through their normal course of business, may purchase 
it from the organization identified in 46 CFR 136.112(h), or may view a 
copy by means we have identified in that section.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Revision (Rev) 1, and Commandant 
Instruction M16475.lD (COMTINST M16475.1D), which guide the Coast Guard 
in complying with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321-4370f), and have concluded that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated under the ``Public Participation and Request for 
Comments'' section of this preamble.
    This interim final rule (IFR) is categorically excluded under 
paragraphs (34)(a), (d), and (e) of Figure 2 in COMDTINST M16475.1D, 
and also under paragraph 6(a) of the ``Appendix to National 
Environmental Policy Act: Coast Guard Procedures for Categorical 
Exclusions, Notice of Final Agency Policy'' (67 FR 48243, July 23, 
2002). This IFR updates 46 CFR subchapter M to harmonize fire safety 
standards for inspected towing vessels with those of other commercial 
vessels. These matters are editorial or procedural in nature; involve 
the inspection, equipping, equipment approval and carriage requirements 
of vessels; and also concern vessel safety standards. This rule 
supports the Coast Guard's maritime safety mission.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment

[[Page 8180]]

applies, and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this notice, and all public 
comments, are in our online docket at https://www.regulations.gov and 
can be viewed by following that website's instructions. Additionally, 
if you go to the online docket and sign up for email alerts, you will 
be notified when comments are posted or a final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).

List of Subjects

46 CFR Part 136

    Incorporation by reference, Reporting and recordkeeping 
requirements, Towing vessels.

46 CFR Part 142

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

    For the reasons discussed in the preamble, the Coast Guard amends 
46 CFR parts 136 and 142 as follows:

PART 136--CERTIFICATION

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

    Authority: 46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904; 
33 CFR 1.05; DHS Delegation 0170.1.


0
2. Amend Sec.  136.112 by revising paragraph (h)(1) to read as follows:


Sec.  136.112   Incorporation by reference.

* * * * *
    (h) * * *
    (1) NFPA 10--Standard for Portable Fire Extinguishers, 2010 
Edition, effective December 5, 2009, IBR approved for Sec.  142.240(a) 
of this subchapter.
* * * * *

PART 142--FIRE PROTECTION

0
3. The authority citation for part 142 continues to read as follows:

    Authority:  46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904; 
33 CFR 1.05; Department of Homeland Security Delegation 0170.1.


0
4. Amend Sec.  142.215 as follows:
0
a. In paragraph (a), remove the text ``hand-''; and
0
b. Revise paragraph (c); and
0
c. Add paragraph (d).
    The revision and addition read as follows:


Sec.  142.215   Approved equipment.

* * * * *
    (c) New installations of fire-extinguishing and fire-detection 
equipment of a type not required, or in excess of that required by this 
part, may be permitted--
    (1) If Coast Guard approved;
    (2) If accepted by the local OCMI or TPO, as applicable; or
    (3) If equipment and components are listed and labeled by an 
independent Nationally Recognized Testing Laboratory (NRTL), as that 
term is defined in 29 CFR 1910.7, and are designed, installed, tested, 
and maintained in accordance with an appropriate industry standard and 
the manufacturer's specific guidance.
    (d) Existing equipment and installations not meeting the applicable 
requirements of this part may be continued in service so long as they 
are in good condition and accepted by the local OCMI or TPO.


0
5. Amend Sec.  142.225 by revising paragraph (d) to read as follows:


Sec.  142.225   Storage of flammable or combustible products.

* * * * *
    (d) A 40-B portable fire extinguisher must be located near the 
storage room or cabinet. This is in addition to the portable fire 
extinguishers required by tables 142.230(a) and 142.230(b) of this 
part.


0
6. Revise Sec.  142.230 to read as follows:


Sec.  142.230   Portable fire extinguishers and semi-portable fire-
extinguishing systems.

    (a) Towing vessels of 65 feet or less in length must carry at least 
the minimum number of portable fire extinguishers set forth in table 
142.230(a).

          Table 142.230(a)--10-B:C Portable Fire Extinguishers
------------------------------------------------------------------------
                                      Minimum number of 10-B:C portable
                                       fire extinguishers required \1\
                                   -------------------------------------
           Length, feet               No fixed fire-      Fixed fire-
                                      extinguishing      extinguishing
                                        system in          system in
                                     machinery space    machinery space
------------------------------------------------------------------------
Under 26 \2\......................                  1                  0
26 and over, but under 40.........                  2                  1
40 and over, but not over 65......                  3                  2
------------------------------------------------------------------------
\1\ One 40-B:C portable fire extinguisher may be substituted for two 10-
  B:C portable fire extinguishers.
\2\ See Sec.   136.105 of this subchapter concerning vessels under 26
  feet.

    (b) Towing vessels of more than 65 feet in length must carry--
    (1) At least the minimum number of portable fire extinguishers set 
forth in table 142.230(b); and
    (2) One 40-B portable fire extinguisher fitted in the engine room 
for each 1,000 brake horsepower of the main engines or fraction 
thereof. A towing vessel is not required to carry more than six 
additional 40-B portable fire extinguishers in the engine room for this 
purpose, regardless of horsepower.

          Table 142.230(b)--40-B:C Portable Fire Extinguishers
------------------------------------------------------------------------
                    Gross tonnage--                      Minimum number
-------------------------------------------------------     of 40-B:C
                                                          portable fire
                    Over                      Not over    extinguishers
------------------------------------------------------------------------
                                                    50                 1

[[Page 8181]]

 
50.........................................        100                 2
100........................................        500                 3
500........................................      1,000                 6
1,000......................................  .........                 8
------------------------------------------------------------------------

    (c) The frame or support of any semi-portable fire extinguisher 
fitted with wheels must be welded or otherwise permanently attached to 
a steel bulkhead or deck to prevent it from rolling under heavy sea 
conditions.
    (d) Extinguishers with larger numerical ratings or multiple letter 
designations may be used if the extinguishers meet the minimum 
requirements of this section.

0
7. Add Sec.  142.231 to read as follows:


Sec.  142.231   Exception for portable and semi-portable fire 
extinguishers required for existing towing vessels.

    (a) Previously installed fire extinguishers with extinguishing 
capacities smaller than what is required by Sec.  142.230 of this part 
need not be replaced and may be continued in service so long as they 
are maintained in good condition to the satisfaction of the OCMI.
    (b) All new equipment and installations must meet the applicable 
requirements in this part for new vessels.

0
8. Amend Sec.  142.240 by revising paragraphs (a) introductory text, 
(a)(1) and (2), the heading for Table 142.240, and paragraph (c)(2) to 
read as follows:


Sec.  142.240   Inspection, testing, maintenance, and records.

    (a) Inspection and testing. All portable fire extinguishers, semi-
portable fire-extinguishing systems, fire-detection systems, and fixed 
fire-extinguishing systems, including ventilation, machinery shutdowns, 
and fixed fire-extinguishing system pressure-operated dampers on board 
the vessel, must be inspected or tested at least once every 12 months, 
as prescribed in paragraphs (a)(1) through (8) of this section, or more 
frequently if otherwise required by the TSMS applicable to the vessel.
    (1) Portable and semi-portable fire extinguishers must be 
inspected, maintained, and tested in accordance with the inspection, 
maintenance procedures, and hydrostatic pressure tests required by 
Chapters 7 and 8 of NFPA 10, Standard for Portable Fire Extinguishers 
(incorporated by reference, see Sec.  136.112 of this subchapter), with 
the frequency specified by NFPA 10 and as amended here:
    (i) Certification or licensing by a state or local jurisdiction as 
a fire extinguisher servicing agency will be accepted by the Coast 
Guard as meeting the personnel certification requirements of NFPA 10 
for annual maintenance and recharging of extinguishers.
    (ii) Monthly inspections required by NFPA 10 may be conducted by 
the owner, operator, person-in-charge, or a designated member of the 
crew.
    (iii) Non-rechargeable or non-refillable extinguishers must be 
inspected and maintained in accordance with NFPA 10; however, the 
annual maintenance need not be conducted by a certified person and can 
be conducted by the owner, operator, person-in-charge, or a designated 
member of the crew.
    (iv) The owner or managing operator must provide satisfactory 
evidence of the required servicing to the marine inspector or TPO, as 
applicable. If any of the equipment or records have not been properly 
maintained, a qualified servicing facility must perform the required 
inspections, maintenance procedures, and hydrostatic pressure tests. A 
tag issued by a qualified servicing organization, and attached to each 
extinguisher, may be accepted as evidence that the necessary 
maintenance procedures have been conducted.
    (2) Fixed fire-extinguishing systems must be inspected and tested, 
as required by table 142.240 of this section, in addition to the tests 
required by Sec. Sec.  147.60 and 147.65 of subchapter N of this 
chapter.
* * * * *

Table 142.240 to paragraph (a)--Fixed fire-extinguishing systems
* * * * *
* * * * *
    (c) * * *
    (2) The records of inspections and tests of portable fire 
extinguishers and semi-portable fire-extinguishing systems may be 
recorded in accordance with paragraph (c)(1) of this section, or on a 
tag attached to each unit by a qualified servicing organization.


Sec.  142.315   [Amended]

0
9. Amend Sec.  142.315 by removing the text ``B-V'' in paragraphs 
(a)(3)(i) and (b)(1) and adding in its place the text ``160-B''.

    Dated: February 15, 2018.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2018-03733 Filed 2-23-18; 8:45 am]
 BILLING CODE 9110-04-P