[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Rules and Regulations]
[Pages 58560-58573]
[FR Doc No: 2021-22578]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1 and 175

46 CFR Part 25

[Docket No. USCG-2018-0099]
RIN 1625-AC41

Fire Protection for Recreational Vessels

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending fire extinguishing equipment
regulations for recreational vessels that are propelled or controlled
by propulsion machinery. This rule relieves owners of these
recreational vessels from certain inspection, maintenance, and
recordkeeping requirements that are more suited for commercial vessels.
To make it easier to find these regulations, this rule also relocates
the regulations to another part of the Code of Federal Regulations.

DATES: This final rule is effective April 20, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0099 in the ``SEARCH'' box and click ``SEARCH.''

FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Jeffrey Decker, Office of Auxiliary and Boating Safety,
Boating Safety Division (CG-BSX-2), Coast Guard; telephone 202-372-
1507, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Purpose, Basis, and Regulatory History
    A. Purpose
    B. Basis and Regulatory History
III. Background
IV. Discussion of Comments and Changes
    A. National Fire Protection Association (NFPA) Comments
    B. Burden Estimates of NFPA Requirements on Recreational Boaters
    C. Vagueness of the Coast Guard's ``Good and Serviceable''
Standard
    D. Health and Safety Risks
    E. Frequency of Portable Fire Extinguisher Inspections
    F. Relocation of Fire Extinguishing Requirements From 46 CFR to
33 CFR
    G. Classes of Portable Fire Extinguishers Required To Be Carried
    H. Number of Portable Fire Extinguishers Required To Be Carried
    I. Standard for Fixed Fire Extinguishing Systems
    J. Requirements for Coast Guard-Documented Vessels and State-
Registered Vessels
    K. Need for Greater Public Awareness
V. Discussion of the Rule
    A. What This Rule Does
    B. Changes From the Proposed Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

CATEX Categorical exclusion
COMDTINST Commandant Instruction
CFR Code of Federal Regulations
DHS Department of Homeland Security
Fire Protection rule Harmonization of Standards for Fire Protection,
Detection, and Extinguishing Equipment (81 FR 48219, July 22, 2016)
FR Federal Register
NBSAC National Boating Safety Advisory Council
NFPA National Fire Protection Association
NFPA 10 NFPA 10 Standard for Portable Fire Extinguishers, 2010
edition
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RA Regulatory analysis
Sec.  Section
U.S.C. United States Code

II. Purpose, Basis, and Regulatory History

A. Purpose

    The Coast Guard is amending portable fire extinguishing equipment
requirements for recreational vessels that are propelled or controlled
by propulsion machinery. We are relieving owners of these recreational
vessels from certain inspection, maintenance, and recordkeeping
requirements of National Fire Protection Association (NFPA) 10 (2010
edition). These requirements are more suited for commercial vessels.
This rule does not alter standards for commercial vessels including
vessels carrying passengers for hire, or have any effect on
recreational vessels that do not use propulsion machinery.
    This rule also moves fire extinguishing equipment rules for
recreational vessels from subpart 25.30 (Fire Extinguishing Equipment)
of subchapter C (Uninspected Vessels) of title 46 of the Code of
Federal Regulations (CFR) to part 175 of subchapter S (Boating Safety)
of title 33, where other recreational vessel rules already exist.

B. Basis and Regulatory History

    The Secretary of Homeland Security is authorized by 46 U.S.C.
4302(a)(2) to prescribe regulations requiring the installation,
carrying, or use of firefighting equipment and prohibiting the
installation, carrying, or use of equipment that does not conform to
the safety standards established under section 4302. The Secretary of
Homeland Security has delegated this authority to the Coast Guard by
Department of Homeland Security (DHS) Delegation No. 0170.1(II)(92)(b).
The Commandant has redelegated this authority to the Assistant
Commandant for Response Policy as described in 33 CFR 1.05-1(d).

    The Coast Guard published a notice of proposed rulemaking (NPRM) in
the Federal Register (FR) on May 13, 2019, ``Fire Protection for
Recreational Vessels.'' \1\ The NPRM proposed to relieve recreational
vessel owners from the inspection, maintenance, and recordkeeping
requirements of NFPA 10 and to consolidate recreational boating safety
requirements into 33 CFR chapter I, subchapter S. Instead of applying
NFPA 10 and requiring monthly visual inspections, annual maintenance,
and recordkeeping, we proposed that portable fire extinguishers on
recreational vessels be maintained in ``good and serviceable''
condition. The NPRM solicited comments and provided a 60-day comment
period that ended on July 12, 2019. Based on those comments, we have
made changes in this final rule, as discussed in section IV.
---------------------------------------------------------------------------

    \1\ 84 FR 20827, May 13, 2019.
---------------------------------------------------------------------------

III. Background

    On July 22, 2016, the Coast Guard published the final rule,
``Harmonization Standards for Fire Protection, Detection, and
Extinguishing Equipment'' (the ``Fire Protection rule'') in the Federal
Register.\2\ The Fire Protection rule revised Coast Guard fire safety
requirements for uninspected vessels (46 CFR chapter I, subchapter C)
to meet international and common industry standards. Among the
revisions, the Coast Guard required vessel owners to comply with NFPA
10.\3\ This standard requires vessel owners and operators to complete
monthly visual inspections of portable fire extinguishers,\4\ perform
annual maintenance of portable fire extinguishers,\5\ and maintain
records of the inspections and maintenance.\6\ The Coast Guard allowed
the required monthly inspections to be carried out by the vessel owner,
operator, person-in-charge, or a designated member of the crew, rather
than by a certified person as required in NFPA 10.\7\ The Fire
Protection rule also allowed these individuals to perform annual
maintenance on non-rechargeable (also known as ``disposable'')
extinguishers but retained the NFPA 10 requirement that rechargeable
extinguishers be maintained by a certified person such as a licensed
servicing agency.\8\
---------------------------------------------------------------------------

    \2\ 81 FR 48219, July 22, 2016 (effective August 22, 2016).
    \3\ The NFPA is a non-profit organization that develops
technical codes and consensus standards to eliminate death, injury,
property, and economic loss due to fire, electrical, and related
hazards. NFPA 10 lists requirements to ensure that portable fire
extinguishers will work as intended to provide a first line of
defense against fires of limited size.
    \4\ NFPA 10 section <IP_ADDRESS>.
    \5\ NFPA 10 section <IP_ADDRESS>.1.
    \6\ NFPA 10 sections 7.2.4 and 7.3.3.
    \7\ 33 CFR 145.01(b)(2).
    \8\ 33 CFR 145.01(b) and NFPA section <IP_ADDRESS>.
---------------------------------------------------------------------------

    The only exception to these inspection, recordkeeping, and
maintenance requirements was for extinguishers built before 1965, in
which the Coast Guard maintained their previous and separate inspection
and maintenance requirements specific to those types of
extinguishers.\9\ The Coast Guard's changes to the inspection and
maintenance requirements in the Fire Protection rule were intended to
apply to all vessels, including recreational vessels, in order to align
inspection and maintenance requirements with common industry practice
for fire extinguisher maintenance.\10\ (The NPRM for this action stated
that the NFPA 10 requirements were ``unintentionally'' applied to
recreational boaters in 2016 by the Fire Protection rule. It would have
been more correct to say that 2016 rule did not recognize the full
burden on recreational vessels.) They were also intended to provide a
more complete set of maintenance and inspection requirements than what
currently existed in Coast Guard regulations for extinguishers
manufactured since 1965.\11\ In the regulatory analysis accompanying
the Fire Protection rule, we stated that we did not anticipate
recreational vessel owners would incur any additional costs due to
these provisions.\12\ After the rule published, however, we realized
the requirements to visually inspect and maintain non-rechargeable fire
extinguishers as described in NFPA 10, and to keep records of those
activities in compliance with NFPA 10, actually do impose a burden on
recreational vessel owners and operators.
---------------------------------------------------------------------------

    \9\ 46 CFR 25.30-10(h); 46 CFR 72.05-1(b).
    \10\ 81 FR 48219, 48229 (``[UL 711 and NFPA 10:2010] . . . apply
to all the affected populations carrying portable and semi-portable
fire extinguishers listed in Table 4, including recreational vessel.
These provisions eliminate a Coast Guard-specific rating system for
fire extinguisher classifications in favor of the classifications
specified in the relevant national industry standards.'')
    \11\ Id.
    \12\ 81 FR 48219, 48230 (third column, lines 16-21), July 22,
2016.
---------------------------------------------------------------------------

    On October 22, 2016, the National Boating Safety Advisory Council
(NBSAC) recommended that the Coast Guard remove the NFPA 10
recordkeeping requirements from recreational vessels and consolidate
recreational vessel fire protection and boating safety requirements
into 33 CFR chapter I, subchapter S (33 CFR parts 173-199).\13\
---------------------------------------------------------------------------

    \13\ NBSAC Resolution 2016-96-02 (available at https://homeport.uscg.mil/Lists/Content/Attachments/498/NBSAC%2096%20Resolution%202016-96-02%20Fire%20Extinguishers%20-%20Signed.pdf).
---------------------------------------------------------------------------

IV. Discussion of Comments and Changes

    The Coast Guard received submissions from 14 commenters in response
to the NPRM. In general, most commenters supported the proposed rule,
but a few expressed reservations. We summarize and address these
comments below.

A. National Fire Protection Association (NFPA) Comments

    The NFPA is a private, not-for-profit organization. They published
the NFPA 10 standard that the Coast Guard incorporated by reference
into our regulations through the Fire Protection rule.
Removal of NFPA 10 Requirements
    The NFPA does not support the Coast Guard removing the NFPA 10
portable fire extinguisher inspection, maintenance, and recordkeeping
requirements for recreational vessels. They are concerned that if the
monthly inspection requirement is removed, vessel owners will not
perform necessary inspections and maintenance. They recommend that the
Coast Guard keep the NFPA 10 requirements for monthly inspection and
recordkeeping to ensure that portable fire extinguishers on
recreational vessels are in good working order.
    We disagree with the NFPA's position. The Coast Guard's alternative
``good and serviceable'' standard, as provided for in this rule in 33
CFR 175.310, maintains safety preparedness standards while reducing
prescriptive burdens on recreational vessel owners and operators. Under
this standard, logged inspections are not required, but the owner or
operator must ensure all fire extinguishers are ``readily accessible''
and in ``good and serviceable'' condition. In response to the comments
on the NPRM, we have expanded the regulatory text to explain what
``good and serviceable'' means. This final rule clarifies that ``good
and serviceable'' means that a portable fire extinguisher on board a
recreational vessel:
     Is charged, and indicates it is charged if the
extinguisher has a pressure gauge reading or indicator;
     Has a pin lock that is firmly in place;

     Does not show visible signs of significant corrosion or
damage; and
     Has a discharge nozzle that is clean and free of
obstructions.
    Thus, the ``good and serviceable'' standard of this rule maintains
the substantive requirements of NFPA 10 without the monthly inspection
and recordkeeping requirements. Prior to the Fire Protection rule, the
Coast Guard had never required recreational boaters to maintain a
record of inspection for any piece of safety equipment (such as
personal flotation devices, visual distress signals, and so on).
Because the Coast Guard is unaware of any empirical data showing fire-
extinguisher failure to be a significant cause for concern on
recreational vessels, and because the Coast Guard is unaware of any
empirical data showing that maintaining these records has prevented
fire-extinguisher failure, we do not believe that requiring boaters to
maintain these records significantly increases public safety. This new
standard will continue to ensure that portable fire extinguishers are
in good working order and ready for immediate use without imposing
unnecessary burdens on the public.
Burdensome Nature of Inspections
    The NFPA asserts that recordkeeping requirements for portable fire
extinguisher inspections are not burdensome to recreational boaters.
The Coast Guard disagrees because the NFPA requirements have the boat
owner perform monthly inspections even when the vessel is not in use.
The NFPA requirement does not relieve the recreational boat owner from
performing monthly inspections when the vessel is in non-use, storage
or winter layup. This is a change from how the boating public normally
uses their vessels, and results in an unwarranted burden. Removing the
NFPA 10 recordkeeping requirements will generate an estimated
timesaving component of approximately 12 minutes per year per fire
extinguisher (1 minute per month per fire extinguisher). This estimate
only includes the cost to the boater of recording the fire
extinguisher's condition. It does not include the costs to the boater
of traveling to the vessel when it is not in use. We did not estimate
the travel costs because we do not have any data on the average travel
time to their vessel when not in use. Additionally, we lack data on the
number of months a vessel might be in use. See our response in section
IV.B of this document for additional information on the burden
estimate.
Relocation of the Requirements in the CFR
    The NFPA supports moving fire extinguishing requirements from 46
CFR 25 to 33 CFR 175.

B. Burden Estimates of NFPA Requirements on Recreational Boaters

    Several commenters supported removing the NFPA 10 recordkeeping
requirements; however, other commenters (including the NFPA) said these
recordkeeping requirements should be retained for recreational vessels
because they are not a burden to these boaters. The Coast Guard
disagrees with retaining the recordkeeping requirements due to the time
burden associated with NFPA 10's recordkeeping requirements. We
estimate that removing this requirement will reduce recordkeeping
burdens by 12 minutes per year per fire extinguisher (1 minute per
month per fire extinguisher), plus travel time when the vessel is not
in use. One commenter asserted that the Coast Guard's estimate of 12
minutes per year was too high because some boats are not in use all 12
months of the year and a more accurate burden estimate would be 6 to 8
minutes per year. We note that the monthly inspection requirement of
NFPA 10 does not provide exceptions for when a boat is not in use, and,
as a result, current regulations require 12 minutes per year of
recordkeeping, plus travel time when the boat is not otherwise in use.
However, 12 minutes is an estimated average and we recognize that some
people may spend more time and some people may spend less time to
comply with these recordkeeping requirements.

C. Vagueness of the Coast Guard's ``Good and Serviceable'' Standard

    This rule requires portable fire extinguishers to be unexpired and
in ``good and serviceable'' condition. Two commenters expressed concern
that the phrase ``good and serviceable'' is vague. The Coast Guard
revised the proposed rule in response to these concerns, but notes that
the phrase ``good and serviceable'' is already in use for portable fire
extinguishers, such as in the existing provision in 46 CFR 25.30-10 for
portable fire extinguishers built before 1965, and also in other
sections of the CFR for both recreational vessels and commercial
vessels such as in 46 CFR 25.30-10, 142.240, and 180.200. In response
to these comments, we updated our regulatory text in 33 CFR 175.310(a)
to elaborate further on the requirements. This final rule clarifies
that ``good and serviceable'' means that a portable fire extinguisher:
     Is charged, and indicates it is charged if the
extinguisher has a pressure gauge reading or indicator;
     Has a pin lock that is firmly in place;
     Does not show visible signs of significant corrosion or
other damage; and
     Has a discharge nozzle that is clean and free of
obstructions.

D. Health and Safety Risks

    Three commenters expressed concern that removing the NFPA 10
inspection and recordkeeping requirements could lead to unsafe
conditions. The Coast Guard is not aware of any evidence showing this
change will decrease safety. Serious injury to recreational boaters
(injury requiring medical care beyond first aid) resulting from
portable fire extinguisher failure is rare. According to the Boating
Accident Report Database, between 2008 and 2017 only three such
injuries occurred, and no injuries are known to have been caused
directly by equipment failure.\14\ Our alternative standard, as amended
in this final rule (see 33 CFR 175.310), ensures that portable fire
extinguishers on recreational vessels are not expired, readily
accessible, and in good working order. We used the ``good and
serviceable'' standard elsewhere in our regulations, without a decrease
to safety.
---------------------------------------------------------------------------

    \14\ https://bard.knightpoint.systems/PublicInterface/Report1.aspx.
---------------------------------------------------------------------------

E. Frequency of Portable Fire Extinguisher Inspections

    The revised rule does not set a frequency at which vessel owners or
operators must inspect fire extinguishers. One commenter stated that
portable fire extinguishers on recreational vessels should be inspected
at least once a year, and two commenters stated they should be
inspected monthly. Under the Coast Guard's revised standard, a
recreational vessel is in compliance only if the portable fire
extinguishers are unexpired, readily accessible, and in ``good and
serviceable'' condition. The Coast Guard believes that this will
improve flexibility while maintaining safety, especially for vessels
that may not be in use all year. The Coast Guard's primary concern is
ensuring the safety of the boating public while the vessel is in use.

F. Relocation of Fire Extinguishing Requirements From 46 CFR to 33 CFR

    Most commenters supported the move of regulations from 46 CFR part
25,

subpart 25.30 to 33 CFR part 175, subpart E. One commenter disagreed,
however, stating that title 33 of the CFR was relatively unmonitored
and unmanaged compared to title 46. We disagree with the assertion that
title 33 of the CFR is relatively unmonitored. The Coast Guard enforces
the agency's regulations regardless of where they are in the CFR.

G. Classes of Portable Fire Extinguishers Required To Be Carried

    The Coast Guard currently requires approved Class B portable fire
extinguishers to be carried on board recreational vessels. Portable
fire extinguishers with a Class B rating are effective against
flammable liquid fires such as gasoline, petroleum, greases, oils, oil-
based paints, solvents, and alcohols. Multiple commenters stated that
the Coast Guard should require either additional single-class portable
fire extinguishers (such as Class A or Class C) or combination-class
portable fire extinguishers (such as A-B-C) on all recreational vessels
to adequately address other types of fires. Class A fires involve
ordinary combustibles such as trash, wood, and paper, whereas Class C
fires involve energized electrical sources such as computers, servers,
motors, transformers, and appliances. The Coast Guard does not agree
that portable fire extinguishers capable of extinguishing Class A and
Class C fires should be required to be carried on board recreational
vessels. The predominant fire hazards for recreational vessels come
from fuel and fuel vapors, which are Class B hazards.\15\ Moreover,
approved Class B extinguishers already have additional ratings to
extinguish both Class A and Class C fires.\16\
---------------------------------------------------------------------------

    \15\ The USCG Boating Accident Report Database (BARD) (out of
the 1,175 fire/explosion related incidents over the 5-year period
2015-2019, for which cause was known, 68 percent (n=799) of them
were fuel-related).
    \16\ The Coast Guard's review of listed portable fire
extinguishers by Underwriters Laboratory indicates there are no
listed portable fire extinguishers that have only a B rating; all B-
rated portable fire extinguishers have additional A, C, or both
capabilities.
---------------------------------------------------------------------------

    Over the past 50 years, since the Federal Boat Safety Act of 1971
established the current Coast Guard fire extinguisher carriage
requirements, we have found no data showing the current fire
extinguisher requirements for recreational boating are insufficient.
Previous Coast Guard requirements for the hand-held B-I or B-II (and
the current requirements for 5-B and 20-B) approved portable fire
extinguishers have shown to be an acceptable minimum standard for the
recreational boater. Additionally, strict Federal recreational boat-
building requirements, such as backfire flame control, ventilation, and
electrical and mechanical national safety and manufacturing standards,
also reduce the probability or severity of boat fires.

H. Number of Portable Fire Extinguishers Required To Be Carried

    One commenter stated that the Coast Guard should require more
portable fire extinguishers on recreational vessels. This comment is
outside the scope of this rulemaking. As previously stated, there is no
data showing that the current fire extinguisher requirements for
recreational boating are insufficient.

I. Standard for Fixed Extinguishing Systems

    One commenter expressed concern that the proposal would eliminate a
standard for maintaining fixed fire extinguishing systems on
recreational vessels. NFPA 10 applies only to portable fire
extinguishers. The removal of NFPA 10's application to recreational
vessels through this final rule will neither impose nor remove
maintenance standards for fixed fire extinguishing systems.

J. Requirements for Coast Guard-Documented Vessels and State-Registered
Vessels

    One commenter asked the Coast Guard to clearly distinguish any
differences in requirements between Coast Guard-documented recreational
vessels and state-registered vessels in this rule. This rule does not
contain any different requirements for state-registered vessels and
Coast Guard-documented recreational vessels. Longstanding carriage
requirements for portable fire extinguishers are based on specific
criteria, including the type of fuel, storage of fuel (portable or
fixed and installed), type of construction (open or closed), and length
of vessel. This rulemaking does not make changes to those requirements.

K. Need for Greater Public Awareness

    A few commenters stated that there is a need for greater public
awareness of portable fire extinguisher safety and boating safety in
general. One commenter recommended awareness campaigns to highlight how
to use fire suppression equipment. One commenter stated that there was
inadequate public awareness of best fire safety practices in the
recreational boating community. One commenter stated that Federal
boating safety awareness materials could be improved, although the
commenter did not provide specific examples. The Coast Guard works with
non-profit boating safety organizations and our state boating partners
to distribute information to the recreational boating public.\17\ The
Coast Guard will consider what other information campaigns could be
appropriate. The Boating Safety Division in the Coast Guard's Office of
Auxiliary and Boating Safety is dedicated to reducing loss of life,
injuries, and property damage that occurs on U.S. waterways by
improving the knowledge, skill, and abilities of recreational boaters.
---------------------------------------------------------------------------

    \17\ www.uscgboating.org.
---------------------------------------------------------------------------

V. Discussion of the Rule

A. What This Rule Does

    The goal of this rule is to move recreational vessel fire
extinguishing equipment requirements from the commercial vessel fire
extinguishing equipment requirements section in title 46 of the CFR and
to consolidate recreational vessel-specific requirements into one part
in title 33 of the CFR, which will not contain the NFPA 10 visual
inspection, annual maintenance, and recordkeeping requirements for
recreational vessels. This change affects only recreational vessels
with propulsion machinery and will not affect commercial vessels,
including vessels carrying passengers for hire.
1. Transfer of Recreational Vessel Fire Extinguishing Equipment
Regulations From 46 CFR to 33 CFR
    The Coast Guard is creating a new subpart E (Fire Protection
Equipment) under part 175 (Equipment Requirements) in 33 CFR chapter I,
subchapter S (Boating Safety) for fire extinguishing equipment
requirements for recreational vessels. This consolidates these
regulations into part 175 where other recreational vessel-specific
rules are located. The fire extinguishing equipment requirements added
to subpart E will be the same as in current 46 CFR subpart 25.30, but
will be modified as discussed in sections V.A(2) and (3) of this
document. The Coast Guard is limiting the applicability of this new
subpart to recreational vessels, as defined in 33 CFR 175.3, which are
propelled or controlled by propulsion machinery. The Coast Guard is
also revising the applicability section in 46 CFR 25.30-1 so that the
fire extinguishing equipment regulations in subpart 25.30 will not
apply to recreational vessels as defined in 33 CFR 175.3. We are only
changing the applicability of the fire extinguishing equipment
regulations in

46 CFR part 25, subpart 25.30; we are not changing the applicability of
any other requirements in 46 CFR part 25. The other requirements in 46
CFR part 25 (such as life preservers, navigation lights, and
ventilation) are not being changed.
2. Removal of Requirement for Recreational Vessels To Comply With NFPA
10
    The Coast Guard is modifying the fire extinguishing equipment
requirements added to 33 CFR part 175, subpart E to remove the
requirement for recreational vessels to comply with NFPA 10. Instead of
applying the NFPA 10 requirements, we are requiring that portable fire
extinguishers be maintained in ``good and serviceable'' condition. Both
the ``good and serviceable'' standard and the NFPA 10 requirements
(monthly visual inspection, annual maintenance, and recordkeeping)
exist to achieve the same result, namely that portable and semi-
portable fire extinguishers be in working condition in the event of a
fire. However, the NFPA 10 requirements are very specific and require
burdensome recordkeeping. The new ``good and serviceable'' standard
relieves owners and operators of recreational vessels of following the
specifics of NFPA 10 while allowing them flexibility in how to achieve
the same result. By doing so, the Coast Guard is making it easier and
less costly for recreational vessel owners to maintain the fire
protection equipment on their vessel.
3. Clarifying Edits, Updating Outdated Text, and Administrative Edits
    The Coast Guard is modifying the fire extinguishing equipment
requirements added to 33 CFR part 175, subpart E to clarify the
regulatory language, update outdated information, and make technical
amendments.
    We are making the following edits and updates:
     Removing the reference to the no longer published
Commandant Instruction (COMDTINST) M16714.3 (new 33 CFR 175.305);
     Changing the terms ``motorboats'' and ``motor vessels,''
as currently used in subpart 25.30, to the clearer terms ``recreational
vessels 65 feet and less in length'' and ``recreational vessels more
than 65 feet in length,'' respectively. This change aligns the language
used in the new subpart E with the terminology already used in 33 CFR
part 175, and reinforces the intent of subpart E to apply the
requirements only to recreational vessels, and not all motorboats and
motor vessels. It also makes the distinction between the two vessel
size categories clearer, allowing readers to more easily find the fire
extinguishing equipment requirements appropriate for a particular type
of vessel;
     Adding new language to clarify acronyms and update cross-
references to 46 CFR subpart 25.30. For example, we are replacing the
``B.H.P.'' acronym with ``brake horsepower'' and updating references to
point clearly towards 46 CFR instead of chapter I; and
     Modifying the language moved from 46 CFR subpart 25.30 to
refer to recreational vessels by model years, as opposed to contracting
or manufacturing dates. The latter terms are applicable to commercial
vessels only. This change allows the recreational boating community to
more easily identify their vessel requirements and aligns with industry
and market naming practices.
    This rule does not change any exemptions that already apply to
recreational vessels. The Coast Guard is retaining all the existing
recreational fire extinguishing equipment exemptions, such as those for
vessels manufactured before August 22, 2016, and the fire extinguishing
equipment exemptions for vessels manufactured before November 19, 1952,
as provided in 46 CFR 25.30-80 and 46 CFR 25.30-90. Where we previously
allowed exemptions for vessels manufactured or contracted before August
22, 2016, we will now apply the same exemptions to recreational vessels
with model years before 2017. Where regulations previously exempted
vessels manufactured or contracted before November 19, 1952, we will
now apply those exemptions to recreational vessels with model years
before 1953. The 2016 exemption is part of the transition from old
Coast Guard weight-based ratings, to Underwriter Laboratory (UL)
performance-based ratings, and grandfathered existing extinguishers on
boats so they do not have to replace their existing extinguishers.
However, the 2016 exemption still requires new extinguishers to meet
the new requirements. Changing or not allowing this exemption would
result in a burden for the recreational boater community.
    We are also retaining the exemption in 46 CFR 25.30-20(a) that
allows recreational vessels less than 26 feet in length, propelled by
outboard motors and not carrying passengers for hire, to not have to
carry portable fire extinguishers if the construction of the vessel
excludes the entrapment of explosive or flammable gases or vapors.

B. Changes From the Proposed Rule

Clerical Amendments
    The Coast Guard made several small stylistic and clerical
amendments. In 33 CFR 1.08-1(a)(8), we added a cross reference to 33
CFR part 175, subpart E, to reflect the relocation and renumbering of
regulations made by this final rule. No substantive requirements result
from this change. We made corrections to capitalization, changing
``Figure'' to ``figure'' and ``Table'' to ``table'' when these words
appear in regulatory text. These changes appear in 33 CFR
175.320(a)(1), Note 1 to Figure 1 to 33 CFR 175.320(a), Note 2 to
Figure 2 to 33 CFR 175.320(a), 33 CFR 175.320(b)(1), 33 CFR
175.320(b)(2), 33 CFR 175.320(c), and 33 CFR 175.380(a). We also made a
small stylistic change to word requirements in the singular rather than
the plural for greater clarity. We changed ``Recreational vessels'' to
``A recreational vessel'' and amended the sentence structure
accordingly where necessary in 33 CFR 175.320(a)(1), 33 CFR
175.320(b)(1), and 33 CFR 175.390.
``Good and Serviceable'' Standard
    Based on public comments, the Coast Guard reorganized the fire
extinguisher requirements in 33 CFR 175.310, clarified the phrase
``good and serviceable,'' and removed the requirements that
extinguishers be maintained in accordance with manufacturer's
instructions. In order to clarify the phrase ``good and serviceable,''
we added that the fire extinguisher lock pin must firmly be in place,
the discharge nozzle be clean and free of obstruction, the extinguisher
must not show signs of significant corrosion or damage and the portable
fire extinguisher must be readily accessible. The Coast Guard has a
long history of using the phrase ``good and serviceable'' for portable
fire extinguishers, such as in the existing 46 CFR 25.30-10 for
portable fire extinguishers built before 1965, and also in other
sections of the CFR for both recreational vessels and commercial
vessels such as 46 CFR 25.30-10, 142.240, or 180.200.
Modified Definition of ``Model Year''
    We have modified the definition for ``model year'' in 33 CFR 175.3
from what we proposed in the NPRM. The definition in the NPRM had the
model year run from August 1st until July 31st of the following year.
The revised definition has the model year run from June 1st until July
31st of the following year. This change was made to conform with the
definition of ``model year'' found in 46 U.S.C. 4302(e)(1).

VI. 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.
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. A regulatory
analysis (RA) with details on the estimated cost savings of this rule
follows.
    This final rule removes requirements imposed by the 2016 Fire
Protection rule. The Fire Protection rule's requirements for fire
extinguishing equipment in 46 CFR subpart 25.30 of chapter I,
subchapter C (Uninspected Vessels) applied the NFPA 10 monthly visual
inspection, annual maintenance, and recordkeeping requirements to both
recreational and commercial vessels. This final rule removes the NFPA
10 recordkeeping and monthly visual inspection requirements together
with the requirement for annual maintenance from the recreational
vessel community. Instead of the prescriptive monthly inspection
requirement, including a recordkeeping component, the Coast Guard is
promulgating this final rule, which contains performance standards to
require that portable fire extinguishers be kept in a ``good and
serviceable'' condition without any recordkeeping requirement. By doing
so, the Coast Guard is making it easier for recreational vessel owners
to maintain their fire protection equipment. The final rule does not
change the fire extinguishing equipment requirements for commercial
vessels in 46 CFR subpart 25.30 or any other recreational vessel
requirements.
    The Coast Guard published a proposed rule on May 13, 2019. We made
some changes to the regulatory analysis because of the comments
received during the comment period for the NPRM. These revisions did
not affect the conclusions or estimates made by the RA. We reorganized
and modified the regulatory language that appeared in the NPRM to
improve clarity in this final rule. The Coast Guard is amending
regulatory language in new 46 CFR 175.310(a) and (b). The Coast Guard
added the language ``on board and readily accessible'' into section
175.310(a)(1). We introduced new language into section 175.310(a)(4) to
specify the meaning of ``good and serviceable.'' The regulatory
assessment of costs and benefits of the NPRM remains unchanged. Table 1
summarizes the changes to the regulatory text from the proposed rule to
this final rule and the resulting impact on the regulatory analysis.

                 Table 1--Changes From NPRM to Final Rule
------------------------------------------------------------------------
                                  Final rule's       Resulting impact on
   NPRM's regulatory text        regulatory text           the RA
------------------------------------------------------------------------
33 CFR 1.08-1(a)(8). 46 CFR   33 CFR 1.08-1(a)(8).  No impact. Cross-
 25.30 fire extinguishers;     46 CFR subpart        references updated/
                               25.30, Fire           added to account
                               Extinguishing         for changes made by
                               Equipment and 33      this final rule.
                               CFR part 175,
                               subpart E, Fire
                               Protection
                               Equipment.
33 CFR 175.3 Definitions.     33 CFR 175.3. Model   No impact. Amendment
 Model year means the period   year means the        made to align
 beginning August 1 of any     period beginning      definitions with
 year and ending on July 31    June 1 of a year      those is 46 USC.
 of the following year. Each   and ending on July
 model year is designated by   31 of the following
 the year in which it ends.    year and being
                               designated by the
                               year in which it
                               ends.
33 CFR 175.310(b)(1). Be      33 CFR                No impact.
 carried aboard the vessel.    175.310(a)(1). Be     Amendments made for
                               on board and          consistency with
                               readily accessible.   other required
                                                     safety equipment.
33 CFR 175.310(b)(4). Be      33 CFR                No impact. Amendment
 maintained in accordance      175.310(a)(4). Be     is made to align
 with the manufacturer's       maintained in         the rulemaking with
 instructions.                 ``good and            its intended non-
                               serviceable''         prescriptive goal-
                               working condition,    based objective
                               meaning: (i) It has   instead of the
                               a pressure gauge      prescriptive
                               reading or            regimen of NFPA 10
                               indicator in the      compliance. This
                               operable range or     amendment also
                               position, if there    aligns with the
                               is one; (ii) The      public comment
                               lock pin is firmly    request for further
                               in place; (iii) The   clarity and
                               discharge nozzle is   maintains an
                               clean and free of     equivalent
                               obstruction; and      preventative safety
                               (iv) The portable     standard with NFPA
                               fire extinguisher     10.
                               does not show
                               visible signs of
                               significant
                               corrosion or damage.
------------------------------------------------------------------------

    The Coast Guard promulgates regulations to protect the environment
and human and marine life and to ensure safe boating practices. The
Fire Protection rule applied the NFPA 10 monthly visual inspection,
annual maintenance, and recordkeeping requirements to both recreational
and commercial vessels. This created a new regulatory requirement for
recreational vessels. This final rule will remove the NFPA 10
recordkeeping and monthly visual inspection requirements together with
the requirement for annual maintenance from the recreational vessel
community. The final rule replaces those NFPA 10 requirements with the
requirement for portable fire extinguishers to be kept in ``good and
serviceable'' condition. The final rule does not change the fire
extinguishing equipment requirements for commercial vessels in 46 CFR
part 25, subpart 25.30, or any other recreational vessel requirements.
    Additionally, the Coast Guard will correct an incongruity in our
vessel safety equipment regulations by shifting recreational vessel
fire extinguishing equipment requirements from 46 CFR subpart 25.30
(Fire Extinguishing Equipment) to 33 CFR part 175 into a new subpart E
(Equipment Requirements). This reorganization will not alter regulatory
requirements for commercial vessels, but will separate recreational
vessels from them.

    The Coast Guard reviewed available data to determine if any
governmental entity was complying with the requirements. Based on a
thorough search of State regulations, the Coast Guard found no evidence
of the States, the District of Columbia, or territories changing
regulations as a result of the Fire Protection rule.\18\ Therefore, the
Coast Guard determined that the States, the District of Columbia, and
territorial jurisdictions will not need to revise their regulations
and, thereby, incur any cost. Additionally, we received no public
comment during the comment period for the proposed rule disagreeing
with this determination.
---------------------------------------------------------------------------

    \18\ Per Coast Guard subject matter expert review and
communication with State and territorial jurisdictions.
---------------------------------------------------------------------------

    The Coast Guard expects that there are no costs to the regulated
public from this rule because this rule replaces the required monthly
inspections and recordkeeping with a performance standard that vessel
owners can meet in the manner least burdensome to each owner. The
primary cost savings of this rule will be from alleviating the
regulatory burden placed on the recreational vessel community by the
Fire Protection rule, which prescribes compliance with the NFPA 10
inspection, maintenance, and recordkeeping requirements for portable
fire extinguishers; this rule replaces the current prescriptive
requirements with a performance standard. Table 2 presents a summary of
the impacts of this final rule.

              Table 2--Summary of Impacts of the Final Rule
------------------------------------------------------------------------
             Category                             Summary
------------------------------------------------------------------------
Applicability....................  Recreational vessels with propulsion
                                    machinery operating in domestic
                                    waters are no longer required to
                                    comply with the NFPA 10 fire
                                    extinguishing equipment
                                    requirements.
Affected population..............  11,052,684 recreational vessels with
                                    propulsion machinery operating in
                                    domestic waters that are required by
                                    existing Coast Guard regulations to
                                    carry portable fire extinguishers;
                                    50 States, District of Columbia, and
                                    5 territories that enforce boating
                                    safety requirements.
Costs............................  No Cost.
Cost Savings.....................  Removes the NFPA 10 inspection,
                                    maintenance, and recordkeeping
                                    requirements for recreational
                                    vessels required to carry portable
                                    fire extinguishers onboard. Savings
                                    equate to 12 minutes per year per
                                    fire extinguisher, plus travel time
                                    when the vessel is not in use. We do
                                    not quantify the cost savings
                                    because we do not have information
                                    on the number of fire extinguishers
                                    per vessel or how many recreational
                                    vessel owners have complied with the
                                    current NFPA 10 requirements; as a
                                    result, we leave this as an
                                    unquantified cost savings.
Benefits.........................  Maintains safety preparedness
                                    standards while reducing
                                    prescriptive burdens, allowing
                                    recreational vessel owners and
                                    operators to meet the safety
                                    requirements in the way best suited
                                    for each owner/operator.
                                    Additionally, by moving from a
                                    prescriptive requirement to a
                                    performance standard, this rule
                                    maintains safety preparedness
                                    standards while allowing
                                    recreational vessel owners and
                                    operators to meet the safety
                                    requirements in the way best suited
                                    for each owner/operator. Shifts
                                    recreational vessel fire
                                    extinguishing equipment requirements
                                    from 46 CFR subpart 25.30 to 33 CFR
                                    part 175, subpart E, creating a
                                    clear distinction between fire
                                    extinguishing equipment regulations
                                    intended for commercial vessels and
                                    those intended for recreational
                                    vessels. Removes COMDTINST M16714.3
                                    which is no longer published. This
                                    change reduces confusion in reading
                                    the regulatory text.
------------------------------------------------------------------------

Affected Population
    The affected population consists of recreational vessels subject to
the NFPA 10 requirements under the current 46 CFR part 25, subpart
25.30 and the 50 states, the District of Columbia, and 5 territories.
The Coast Guard used recreational vessel population data from the Coast
Guard Office of Auxiliary and Boating Safety's document titled, 2013
Recreational Boating Statistics, for the 2016 Fire Protection rule's RA
to estimate the affected population.\19\ For this rule's analysis, the
Coast Guard is using the most recently published data from the 2019
Recreational Boating Statistics to identify a population of 11,052,684
registered motorized recreational vessels that will be affected by this
final rule.\20\
---------------------------------------------------------------------------

    \19\ Recreational Boating Statistics 2013, table 37 (available
at: https://www.uscgboating.org/assets/1/AssetManager/2013RecBoatingStats.pdf).
    \20\ The NPRM utilized the Recreational Boating Statistics 2016,
table 37, which are available at: https://www.uscgboating.org/library/accident-statistics/Recreational-Boating-Statistics-2016.pdf. This final rule uses the most recent published
Recreational Boating Statistics 2019, table 37, which is available
at: https://www.uscgboating.org/library/accident-statistics/Recreational-Boating-Statistics-2019.pdf.
---------------------------------------------------------------------------

Comments
    The Coast Guard received 14 comments on the NPRM.\21\ We addressed
comments earlier in the preamble (see section IV). Some comments dealt
with economic issues or with the regulatory analysis of the rulemaking;
we discuss these comments in this section.
---------------------------------------------------------------------------

    \21\ We received 15 submittals, but comment USCG-2018-0099-0017
was a duplicate of comment USCG-2018-0099-0015.
---------------------------------------------------------------------------

    We received few comments regarding the RA or economic issues.
Commenter USCG-2018-0099-0015 wrote, ``Brief, monthly inspections are
not a burden. Many recreational boats are not in use for the full 12
months of the year so a monthly inspection only would take place
perhaps 6 or 8 times a year.'' We note that the monthly inspection
requirement of NFPA 10 does not provide exceptions for when a boat is
not in use; however, 12 minutes is an estimated average and we
recognize that some people may spend more time and some people may
spend less time on these requirements (see also our response in the
Cost Savings section of the regulatory analysis of this document for
additional information on the burden estimate). Commenter USCG-2018-
0099-0015 also wrote, ``Perhaps the requirement for recordkeeping
should be excused but the multiple use of the word burden in the
Federal Registers Request for Comment is not at all appropriate when it
comes to the fire protection preparations for a recreational boat
owner. Inspecting an important piece of marine safety gear is not a
burden for a prudent boat owner/operator.'' The Coast Guard uses the
term of art ``burden'' as defined in the Paperwork Reduction Act.\22\
Keeping the requirement for inspections without a requirement to record
them does not yield greater safety to vessel owners or the public. The
final rule establishes performance requirements to ensure the equipment
is available in appropriate condition.
---------------------------------------------------------------------------

    \22\ 44 U.S.C. 3502(2).
---------------------------------------------------------------------------

    Commenter USCG-2018-0099-0004 wrote, ``Fire extinguishers (both
portable and fixed automatic for engine rooms) still need to be
inspected at least

annually. Without annual inspections the extinguisher could be
inoperable without the vessel owners [sic] knowledge.'' The Coast Guard
chose not to follow this recommendation because it would create an
additional burden for vessel owners. And we believe the final rule's
requirement for ``good and serviceable'' condition would address safety
concerns.
    We, therefore, adopt the methodology and assumptions for the costs,
cost savings and benefits from the NPRM as final. However, we have
updated the analysis with a more current estimate of the affected
population.
Cost and Cost Savings Analysis
    This final rule proposes 20 changes to the fire extinguishing
equipment regulations in 33 CFR part 175, subpart E, and 46 CFR part
25, subpart 25.30. These changes remove the recreational vessel fire
extinguishing equipment regulations from 46 CFR part 25, subpart 25.30
(Fire Extinguishing Equipment) to a new subpart E in 33 CFR part 175.
This change will include the addition of a new section 175.301 to
specify the applicability of subpart E to recreational vessels. It also
will include new sections 175.305, 175.310, 175.315, 175.320, 175.380,
and 175.390 to reflect requirements previously applied by 46 CFR
subpart 25.30, but excluding those that require recreational vessel
owners and operators to follow the monthly visual inspection, annual
maintenance, and recordkeeping requirements of NFPA 10.
    Overall, there are no costs to the regulated public due to these
changes to the regulatory text. We describe the costs, cost savings,
and qualitative benefits of these in table 3.

  Table 3--Assessment of Impacts (Costs, Cost Savings, and Benefits) of the Final Rule to the Regulated Public
----------------------------------------------------------------------------------------------------------------
                                   New 33 CFR part 175
  Existing 46 CFR part 25 Sec.            Sec.                 Description of change               Impact
----------------------------------------------------------------------------------------------------------------
                                                   Definitions
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-1(b) & (c)..........  Sec.   175.3.......  Add the definition of Model Year    No cost. Qualitative
                                                         to the section. This change         benefit from the
                                                         allows the recreational boating     elimination of
                                                         community to more easily identify   confusion of
                                                         their vessel requirements and       recreational boat
                                                         aligns with industry and market     owners attempting
                                                         naming practices.                   to locate the
                                                                                manufacturing date
                                                                                of their boat.
----------------------------------------------------------------------------------------------------------------
                                                  Applicability
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-1...................  Sec.   175.301.....  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-1, with new text to
                                                         clarify the applicability of this
                                                         subpart to recreational vessels
                                                         with propulsion machinery only.
----------------------------------------------------------------------------------------------------------------
                                               General Provisions
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-5(a)................  Sec.   175.305.....  Incorporate existing text from 46   No cost, and a
                                                         CFR 25.30-5(a), with text edits     qualitative benefit
                                                         to clarify approved equipment       from removing a
                                                         must be approved by the             COMDTINST that is
                                                         Commandant (CG-ENG-4). Removes      no longer
                                                         reference to COMDTINST M16714.3     published. This
                                                         (Series), which has been            change reduces
                                                         cancelled.                          confusion in
                                                                                reading the
                                                                                regulatory text.
----------------------------------------------------------------------------------------------------------------
                    Portable Fire Extinguishers and Semi-Portable Fire Extinguishing Systems
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-5(b)................  Sec.   175.310(a)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-5(b).
Sec.   25.30-10(a)...............  Sec.   175.310(a)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-10(a), with edits
                                                         removing the requirement that the
                                                         portable fire extinguishers be
                                                         maintained, inspected, and
                                                         recorded in accordance with NFPA
                                                         10. Add new text, extracted from
                                                         relevant sections of NFPA 10,
                                                         requiring that portable fire
                                                         extinguishers must be accessible,
                                                         have a good operating pressure,
                                                         not be expired or previously
                                                         used, and be maintained in ``good
                                                         and serviceable'' working
                                                         condition.
Sec.   25.30-10(f)...............  Sec.   175.310(b)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-10(f), with text edits
                                                         for clarification.
Sec.   25.30-10(g)...............  Sec.   175.310(c)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-10(g).
Sec.   25.30-10(h)...............  Sec.   175.310(d)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-10(h)(1)-25.30-
                                                         10(h)(4), with edits changing the
                                                         motorboat references to
                                                         recreational vessel references.
Sec.   25.30-10 (i)..............  Sec.   175.310(e)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-10(i), with edits
                                                         changing the motorboat references
                                                         to recreational vessel references.
Sec.   25.30-10(j)...............  Sec.   175.310(f)..  Adopt existing text from 46 CFR     No cost.
                                                         25.30-10(j).
----------------------------------------------------------------------------------------------------------------
                                        Fixed Fire Extinguishing Systems
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-15(a)...............  Sec.   175.315(a)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-15(a) with text edits
                                                         to clarify approved equipment
                                                         must be approved by the
                                                         Commandant (CG-ENG-4).
Sec.   25.30-15(b)...............  Sec.   175.315(b)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-15(b).
Sec.   25.30-15(c)...............  Sec.   175.315(c)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-15(c) with edits to
                                                         update references from NFPA 13 to
                                                         the 46 CFR source.
----------------------------------------------------------------------------------------------------------------
                                      Fire Extinguishing Equipment Required
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-20(a)...............  Sec.   175.320(a)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-20(a)(1) and 25.30-
                                                         20(a)(2), with edits changing the
                                                         motorboat references to
                                                         recreational vessels not more
                                                         than 65 feet.
Table 25.30-20(a)(1).............  Table 1 to Sec.      Incorporate existing table 25.30-   No cost.
                                    175.320(a).          20(a)(1) from 46 CFR 25.30-20(a),
                                                         with edits changing the table
                                                         numbering for clarity.

Figure 25.30-20(a)(1)............  Figure 1 to Sec.     Incorporate existing figure 25.30-  No cost.
                                    175.320(a)(2).       20(a)(1) from 46 CFR 25.30-20(a),
                                                         with edits changing the figure
                                                         numbering for clarity.
Figure 25.30-20(a)(2)............  Figure 2 to Sec.     Incorporate existing figure 25.30-  No cost.
                                    175.320(a)(2).       20(a)(2) from 46 CFR 25.30-20(a),
                                                         with edits changing the figure
                                                         numbering for clarity.
Sec.   25.30-20(c)...............  Sec.   175.320(b)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-20(c)(1)-25.30-
                                                         20(c)(4), with edits changing the
                                                         motor vessels references to
                                                         recreational vessels over 65
                                                         feet, and text edits for clarity.
Table 25.30-20(b)(1).............  Table 1 to Sec.      Incorporate existing table 25.30-   No cost.
                                    175.320(b).          20(b)(1) from 46 CFR 25.30-20(b),
                                                         with edits changing the table
                                                         numbering for clarity.
Sec.   25.30-20(c)...............  Sec.   175.320(b)..  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-20(c), with edits
                                                         changing the motor vessels
                                                         references to recreational
                                                         vessels over 65 feet.
Sec.   25.30-20(a)(3), Sec.        Sec.   175.320(c)..  Combine the existing text from 46   No cost.
 25.30-20(c)(5).                                         CFR 25.30-20(a)(3) and 25.30-
                                                         20(c)(5) into a new section that
                                                         clarifies table 1 to 46 CFR
                                                         175.320(a) and table 1 to 46 CFR
                                                         175.320(b) containing the minimum
                                                         number of portable fire
                                                         extinguishers needed on a vessel.
----------------------------------------------------------------------------------------------------------------
  Location and Number of Portable Fire Extinguishers Required for Vessels Constructed prior to August 22, 2016
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-80..................  Sec.   175.380.....  Incorporate existing text from 46   No cost.
                                                         CFR subpart 25.30-80 with updated
                                                         references to table 1 to 46 CFR
                                                         175.320(a) and table 1 to 46 CFR
                                                         175.320(b).
----------------------------------------------------------------------------------------------------------------
                                  Vessels Contracted prior to November 19, 1952
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-90..................  Sec.   175.390.....  Incorporate existing text from 46   No cost.
                                                         CFR 25.30-90 with updated
                                                         references to the new 46 CFR 175
                                                         and text edits for clarity.
----------------------------------------------------------------------------------------------------------------
                                           Edits to 46 CFR Part 25.30
----------------------------------------------------------------------------------------------------------------
Sec.   25.30-1...................  ...................  Edit and reorganize paragraph for   No cost.
                                                         clarity.
Sec.   25.30-1...................  ...................  Remove applicability to non-        For recreational
                                                         commercial vessels.                 vessel owners and
                                                                                operators, there is
                                                                                a cost savings of
                                                                                12 minutes per fire
                                                                                extinguisher per
                                                                                year on board each
                                                                                recreational
                                                                                vessel.
----------------------------------------------------------------------------------------------------------------

Costs
    The Coast Guard considered all potential costs of this final rule.
We considered the possibility that the States, District of Columbia,
and territorial jurisdictions may choose to update their statutes and
regulations because of this final rule if they previously had changed
their regulations to satisfy NFPA 10. However, based on a thorough
search of the regulatory documents of the States, District of Columbia,
and territories, the Coast Guard found no evidence of these
jurisdictions changing their regulations to satisfy NFPA 10. Therefore,
these changes will not incur any costs.
Cost Savings
    The primary savings of this final rule stem from alleviating the
regulatory burden that the Fire Protection rule placed on the
recreational vessel community. We tried to capture the potential
aggregate scale of this regulatory burden reduction on the affected
population of recreational vessel owners, but enforcement and
compliance data is nonexistent. As an alternative, we provided an
individual level estimate for the cost savings to the affected
population of recreational vessel owners. We can offer this estimate
because individual recreational vessel owners within the affected
population must currently comply with the NFPA 10 requirements imposed
by the Fire Protection rule.
    NFPA 10 has specific inspection requirements for both rechargeable
and non-rechargeable portable fire extinguishers. Owners of vessels
with non-rechargeable (disposable) fire extinguishers, commonly used in
the recreational vessel community, are subject to a monthly visual
inspection ensuring the portable fire extinguisher is available and
still operational. They also must maintain records of their compliance
by placing an initial in a logbook as confirmation of a visual
inspection. Rechargeable portable fire extinguishers are not common in
the 5-B size that is required for recreational boats and actively must
be sought and bought from an industrial distributor.
    Rechargeable portable units of this size tend to be special purpose
extinguishers such as carbon dioxide or clean agent extinguishers
commonly used in areas such as server rooms, not on recreational boats,
and come at a significantly higher price. Non-rechargeable or
disposable portable units are intended for use by the public and are
the primary type of fire extinguisher on recreational vessels. They are
primarily marketed to the public because of their low operating and
maintenance costs, low upfront cost, reliability as well as the ease of
care, and wide accessibility to be purchased at retail stores. As a
result, commercial vessel owners generally purchase rechargeable
portable fire extinguishers, while recreational vessel owners purchase
non-rechargeable units.
    This rule replaces the required NFPA 10 monthly inspections and
recordkeeping with a performance standard that vessel owners can meet
in the manner least burdensome to each owner. Accordingly, we expect
that this change will not impose any additional costs on recreational
vessel owners. We estimate the savings to recreational boaters will
stem from eliminating a recordkeeping burden. We estimate the
recordkeeping takes 1 minute per month to complete for an annual total
of 12 minutes per fire extinguisher.\23\ It does

not include the costs to the boater of traveling to the vessel when it
is not in use. We did not estimate the travel costs because we do not
have any data on the average travel time to their vessel when not in
use. Additionally, we lack data on the number of months a vessel might
be in use.
---------------------------------------------------------------------------

    \23\ The value of a person's recreational time is dependent on a
number of factors such as income, age, and employment status.
Guidance for leisure time's value is available from the U.S.
Department of Transportation Office of the Secretary memorandum on
Revised Departmental Guidance on Valuation of Travel Time in
Economic Analyses and may be found at https://www.transportation.gov/office-policy/transportation-policy/revised-departmental-guidance-valuation-travel-time-economic. With no data
available on the affected population's income, the median income for
the nation may be used as a proxy. This is a 12 minute reduction per
fire extinguisher. We did not have the number of fire extinguishers
per vessel. As a result, we did not quantify the value of time saved
by this rule.
---------------------------------------------------------------------------

    Data is not available on how many recreational vessel owners have
complied with the current NFPA 10 requirements since 2016 because the
Coast Guard does not track that information. We also have notified the
States and territories about the NBSAC Resolution 2016-96-02. As a
result, we acknowledge the nonzero probability that a given vessel
owner may be complying. Therefore, this final rule may reduce the
regulatory burden of the recordkeeping requirement for some
recreational vessel owners. We do not have enough information to
estimate the aggregate scale of this reduction. However, we provide an
individual level estimate for the cost savings to the affected
population of recreational vessel owners legally required to comply. We
estimate 12 minutes per year per portable fire extinguisher (1 minute
per month) as the average individual level cost savings.\24\
---------------------------------------------------------------------------

    \24\ This estimate comports with estimates found in OMB
collections: 2105-0529, 1625-0079 and 1625-0063 as adjusted for
complexity of the task.
---------------------------------------------------------------------------

Benefits
    By moving from a prescriptive requirement to a performance
standard, this rule maintains safety preparedness standards while
allowing recreational vessel owners and operators to meet the safety
requirements in the way best suited for each owner/operator. By
shifting the recreational vessel fire extinguishing equipment
requirements from 46 CFR part 25, subpart 25.30 to 33 CFR part 175,
subpart E, this rule will create a clear distinction between fire
extinguishing equipment regulations intended for commercial vessels and
those intended for recreational vessels. Additionally, we removed
references to the outdated COMDTINST M16714.3, making the regulatory
text easier to read and understand.
Alternatives
    The final rule (the preferred alternative) will move the fire
extinguishing equipment requirements for recreational vessels from 46
CFR part 25, subpart 25.30 to 33 CFR part 175, new subpart E. This will
create a clear distinction between fire extinguishing equipment
regulations intended for commercial vessels and those intended for
recreational vessels. The final rule will remove all the NFPA 10
inspection, maintenance and recordkeeping requirements for recreational
vessels. This change will result in cost savings in the form of time
savings to recreational vessel owners of 12 minutes per year per fire
extinguisher on recreational vessels, plus travel time when the vessel
is not in use. It re-organizes the regulatory text to separate
recreational vessel fire protection regulations from commercial vessel
regulations and to consolidate recreational vessel fire extinguishing
equipment requirements into one subchapter. Lastly, the final rule
follows the NBSAC recommendation.
    Within the Coast Guard's development of the final rule, we
considered alternatives to determine if any of them could accomplish
the stated objectives. Among these alternatives were the following:
Alternative 1: No-Action
    Under this alternative, recreational vessel fire protection rules
would remain in 46 CFR subpart 25.30, and NFPA 10 would continue to
apply to recreational vessels. The Coast Guard did not select this
alternative because it maintains an unnecessary regulatory burden. It
would also continue a situation that lacks regulatory clarity and
creates confusion.
Alternative 2: Policy Over Regulation
    This alternative would create a new Coast Guard policy based on
NBSAC's recommendation to end the applicability of NFPA 10 to motorized
recreational vessels and outline fire extinguishing equipment
standards. It would impose no new costs and would have no cost savings.
The Coast Guard did not select this option because States adopt Coast
Guard regulations, not Coast Guard policy recommendations. This
alternative would not amend the current CFR and may cause confusion
depending on the nature of implementation.
Alternative 3: Add Exemption From NFPA 10 Requirements
    Under this alternative, the Coast Guard would have added language
to 46 CFR part 25, subpart 25.30 explicitly stating that NFPA 10 does
not apply to recreational vessels. However, this would remove fire
equipment applicability for motorized recreational vessels owners. This
change would also result in the lack of regulatory requirements for
recreational vessels. It would impose no new costs. The Coast Guard did
not select this option because this alternative may create a safety
hazard for motorized recreational vessel owners.

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.
    The final rule alleviates the regulatory burden placed on
11,052,684 recreational vessels and will move fire extinguishing
equipment requirements for recreational vessels from 46 CFR part 25,
subpart 25.30 to a new subpart E (Fire Protection Equipment) in 33 CFR
part 175. The Coast Guard's economic analysis concluded that it expects
these changes would not impose additional costs on any of the
recreational vessels that comprise the affected population in this
final rule because this rule replaces the required NFPA 10 monthly
inspections with a performance standard that vessel owners can meet in
the manner least burdensome to each owner. Additionally, this rule
eliminates regulatory burdens from the NFPA 10 recordkeeping
requirements, resulting in an estimated 12 minutes of time savings per
recreational vessel owner per fire extinguisher, plus travel time when
the vessel was not in use.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this final rule will not have a significant economic impact on a
substantial number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can 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 final rule will call for no new collection of information
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. As
defined in 5 CFR 1320.3(c), ``collection of information'' comprises
reporting, recordkeeping, monitoring, posting, labeling, and other
similar actions.

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 final rule under Executive Order
13132 and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132. Our analysis follows.
    It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. The Coast Guard regulates
recreational vessel safety, including firefighting equipment, under the
authority contained in 46 U.S.C. 4302. Chapter 43 of 46 U.S.C. contains
an express preemption provision for recreational vessel safety
standards. Under 46 U.S.C. 4306, a State or political subdivision of a
State may not establish, continue in effect, or enforce a law or
regulation establishing a recreational vessel or associated equipment
performance or other safety standard, or impose a requirement for
associated equipment unless: (1) The standard is identical to a Coast
Guard regulation prescribed under 46 U.S.C. 4302; (2) the Coast Guard
specifically provides an exemption under 46 U.S.C. 4305; or (3) the
State standard regulates marine safety articles carried or used to
address a hazardous condition or circumstance unique to that State (as
long as the Coast Guard does not disapprove). This final rule
establishes minimum requirements, under 46 U.S.C. 4302, for fire
extinguishing equipment for recreational vessels, and, therefore, the
States may not issue regulations that differ from Coast Guard
regulations within the categories of safety standards or equipment for
recreational vessels, except in the limited circumstances identified
above. Therefore, this final rule is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132.

F. Unfunded Mandates

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

    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 (for example,
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 does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this final rule under DHS Management Directive
023-01, Rev. 1, associated implementing instructions, and Environmental
Planning COMDTINST 5090.1 (series), which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4370f), and have made a determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
    This rule is categorically excluded under paragraphs L52, L54, and
L57 of Table 1 in Appendix A of DHS Directive 023-01 (series). The
categorical exclusion (CATEX) L52 pertains to regulations concerning
vessel operation safety standards; CATEX L54 pertains to regulations
that are editorial or procedural, such as those updating addresses or
establishing application procedures; and CATEX 57 pertains to

regulations concerning manning, documentation, admeasurements,
inspection, and equipping of vessels.
    This final rule will update Coast Guard regulations pertaining to
fire extinguishing requirements and the associated standards used by
recreational vessels.

List of Subjects

33 CFR Part 1

    Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Penalties.

33 CFR Part 175

    Fire prevention, Marine safety.

46 CFR Part 25

    Fire prevention, Marine safety, Reporting and recordkeeping
requirements.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 1 and 175 and 46 CFR part 25 as follows:

Title 33--Navigation and Navigable Waters

PART 1--GENERAL PROVISIONS

Subpart 1.08--Written Warning by Coast Guard Boarding Officers

0
1. The authority citation for part 1, subpart 1.08, continues to read
as follows:

    Authority:  14 U.S.C. 503; 49 CFR 1.46(b).

0
2. In Sec.  1.08-1, revise paragraph (a)(8) to read as follows:

Sec.  1.08-1   Applicability.

    (a) * * *
    (8) 46 CFR subpart 25.30, Fire Extinguishing Equipment and 33 CFR
part 175, subpart E, Fire Protection Equipment;
* * * * *

PART 175--EQUIPMENT REQUIREMENTS

0
3. The authority citation for part 175 continues to read as follows:

    Authority:  46 U.S.C. 4302; Department of Homeland Security
Delegation No. 0170.1.

0
4. In Sec.  175.3, add in alphabetic order a definition for ``Model
year'' to read as follows:

Sec.  175.3   Definitions.

* * * * *
    Model year means the period beginning June 1 of a year and ending
on July 31 of the following year and being designated by the year in
which it ends.
* * * * *

0
5. Add subpart E, consisting of Sec. Sec.  175.301 through 175.390, to
read as follows:
Subpart E--Fire Protection Equipment
Sec.
175.301 Applicability.
175.305 General provisions.
175.310 Portable fire extinguishers and semi-portable fire
extinguishing systems.
175.315 Fixed fire extinguishing systems.
175.320 Fire extinguishing equipment required.
175.380 Condition and number of fire extinguishers required for
recreational vessels built model year 2017 or earlier.
175.390 Condition and number of fire extinguishers required for
recreational vessels built before model year 1953.

Subpart E--Fire Protection Equipment

Sec.  175.301   Applicability.

    (a) This subpart applies to recreational vessels that are propelled
or controlled by propulsion machinery.
    (b) Recreational vessels constructed prior to August 22, 2016, will
be deemed built before model year 2017 and must meet the requirements
of 33 CFR 175.380.
    (c) Recreational vessels constructed prior to November 19, 1952,
will be deemed built before model year 1953 and must meet the
requirements of 33 CFR 175.390.

Sec.  175.305   General provisions.

    Where fire extinguishing equipment in this subpart is required to
be of an approved type, such equipment must be approved as provided in
46 CFR chapter I, subchapter Q. A listing of current and formerly
approved equipment and materials may be found on the internet at:
https://cgmix.uscg.mil/equipment. Each OCMI may be contacted for
information concerning approved equipment.

Sec.  175.310   Portable fire extinguishers and semi-portable fire
extinguishing systems.

    (a) All portable and semi-portable fire extinguishers must--
    (1) Be on board and readily accessible;
    (2) Be of an approved type;
    (3) Not be expired or appear to have been previously used; and
    (4) Be maintained in good and serviceable working condition,
meaning:
    (i) If the extinguisher has a pressure gauge reading or indicator
it must be in the operable range or position;
    (ii) The lock pin is firmly in place;
    (iii) The discharge nozzle is clean and free of obstruction; and
    (iv) The extinguisher does not show visible signs of significant
corrosion or damage.
    (b) Vaporizing-liquid type fire extinguishers containing carbon
tetrachloride, chlorobromomethane, or other toxic vaporizing liquids,
are not acceptable as equipment required by this subpart.
    (c) Portable or semi-portable extinguishers that are required by
their name plates to be protected from freezing must not be located
where freezing temperatures may be expected.
    (d) The use of dry chemical stored pressure fire extinguishers not
fitted with pressure gauges or indicating devices, manufactured prior
to January 1, 1965, is permitted on board recreational vessels if such
extinguishers are maintained in good and serviceable condition. The
following maintenance and inspections are required for such
extinguishers:
    (1) When the date on the inspection record tag on the extinguishers
shows that 6 months have elapsed since the last weight check ashore,
then such extinguishers are no longer accepted as meeting required
maintenance conditions until they are reweighed ashore, found to be in
a serviceable condition, and within required weight conditions.
    (2) If the weight of the container is \1/4\ ounce less than that
stamped on the container, it must be serviced.
    (3) If the outer seal or seals (which indicate tampering or use
when broken) are not intact, the boarding officer or marine inspector
will inspect such extinguishers to see that the frangible disc in the
neck of the container is intact; and, if such disc is not intact, the
container must be serviced.
    (4) If there is evidence of damage, use, or leakage, such as dry
chemical powder observed in the nozzle or elsewhere on the
extinguisher, the extinguisher must be serviced or replaced.
    (e) Dry chemical extinguishers, stored pressure extinguishers, and
fire extinguishers without pressure gauges or indicating devices,
manufactured after January 1, 1965, cannot be labeled with the marine
type label described in 46 CFR 162.028-4. These extinguishers may be
carried onboard recreational vessels as excess equipment, subject to
paragraphs (a) and (b) of this section.
    (f) Semi-portable extinguishers must be fitted with a suitable hose
and nozzle, or other practicable means, so that all portions of the
space concerned may be covered.

Sec.  175.315   Fixed fire extinguishing systems.

    (a) A fixed fire extinguishing system must be of a type approved by
the Coast Guard under 46 CFR part 162.

    (b) A carbon dioxide system must be designed and installed in
accordance with 46 CFR part 76, subpart 76.15.
    (c) An automatic sprinkler system must be designed and installed in
accordance with 46 CFR 25.30-15(c).

Sec.  175.320  Fire extinguishing equipment required.

    (a) Recreational vessels 65 feet or less in length. (1) A
recreational vessel 65 feet or less in length must carry at least the
minimum number of portable fire extinguishers set forth in table 1 to
Sec.  175.320(a)(1). A vessel less than 26 feet in length, propelled by
an outboard motor, is not required to carry portable fire extinguishers
if the construction of the vessel will not permit the entrapment of
explosive or flammable gases or vapors.

                     Table 1 to Sec.   175.320(a)(1)
------------------------------------------------------------------------
                                    Minimum number of 5-B portable  fire
                                         extinguishers required \1\
                                   -------------------------------------
           Length (feet)             If no fixed fire    If fixed fire
                                      extinguishing      extinguishing
                                        system in          system in
                                     machinery space    machinery space
------------------------------------------------------------------------
Under 16..........................                  1                  0
16 or more, but less than 26......                  1                  0
26 or more, but less than 40......                  2                  1
40 or more, but not more than 65..                  3                  2
------------------------------------------------------------------------
\1\ One 20-B portable fire extinguisher may be substituted for two 5-B
  portable fire extinguishers.

    (2) Figure 1 to Sec.  175.320(a)(2) illustrates the conditions,
identified by table 2 to Sec.  175.320(a)(2), under which fire
extinguishers are required to be carried on board. Figure 2 to Sec.
175.320(a)(2) illustrates conditions, identified by table 3 to Sec.
175.320(a)(2), that do not, in themselves, require that fire
extinguishers be carried.
[GRAPHIC] [TIFF OMITTED] TR22OC21.000

                     Table 2 to Sec.   175.320(a)(2)
------------------------------------------------------------------------
 Location identified in Figure 1 to Sec.      Condition requiring fire
              175.320(a)(2)                        extinguishers
------------------------------------------------------------------------
1........................................  Closed compartment under
                                            thwarts and seats wherein
                                            portable fuel tanks may be
                                            stored.
2........................................  Double bottoms not sealed to
                                            the hull or which are not
                                            completely filled with
                                            flotation material.
3........................................  Closed living spaces.
4........................................  Closed stowage compartments
                                            in which combustible or
                                            flammable materials are
                                            stowed.
5........................................  Permanently installed fuel
                                            tanks.
------------------------------------------------------------------------

                                            [GRAPHIC] [TIFF OMITTED] TR22OC21.001

                     Table 3 to Sec.   175.320(a)(2)
------------------------------------------------------------------------
 Location identified in Figure 2 to Sec.      Condition requiring fire
              175.320(a)(2)                        extinguishers
------------------------------------------------------------------------
1........................................  Bait wells.
2........................................  Glove compartments.
3........................................  Buoyant flotation material.
4........................................  Open slatted flooring.
5........................................  Ice chests.
------------------------------------------------------------------------

    (b) Recreational vessels more than 65 feet in length. (1) A
recreational vessel more than 65 feet in length must carry at least the
minimum number of portable fire extinguishers specified for its tonnage
as set forth in table 4 to Sec.  175.320(b)(1).

                     Table 4 to Sec.   175.320(b)(1)
------------------------------------------------------------------------
                    Gross tonnage--                      Minimum  number
--------------------------------------------------------     of  20-B
                                              Not more    portable  fire
                 More than                      than      extinguishers
------------------------------------------------------------------------
                                                     50                1
50........................................          100                2
100.......................................          500                3
500.......................................        1,000                6
1,000.....................................  ...........                8
------------------------------------------------------------------------

    (2) In addition to the portable fire extinguishers required by
table 4 to Sec.  175.320(b)(1), the following fire extinguishing
equipment must be fitted in the machinery space:
    (i) One 20-B fire extinguisher must be carried for each 1,000 brake
horsepower of the main engines or fraction. However, not more than six
such extinguishers are required to be carried.
    (ii) On recreational vessels of more than 300 gross tons, either
one 160-B semi-portable fire extinguishing system must be fitted, or
alternatively, a fixed fire extinguishing system must be fitted in the
machinery space.
    (3) The frame or support of each 160-B semi-portable fire
extinguisher required by paragraph (b)(2)(ii) of this section must be
welded or otherwise permanently attached to a bulkhead or deck.
    (4) If an approved semi-portable fire extinguisher has wheels, it
must be securely stowed when not in use to prevent it from rolling out
of control under heavy sea conditions.
    (c) Extinguishers with larger numerical ratings or multiple letter
designations. Extinguishers with larger numerical ratings or multiple
letter designations may be used to meet the requirements of table 1 to
Sec.  175.320(a)(1) and table 4 to Sec.  175.320(b)(1).

Sec.  175.380  Condition and number of fire extinguishers required for
recreational vessels built model year 2017 or earlier.

    Recreational vessels with a model year between 1953 and 2017 must
meet the following requirements:
    (a) Previously installed extinguishers with extinguishing
capacities that are less than what is required in table 1 to Sec.
175.320(a)(1) or table 2 to Sec.  175.320(b)(1) need not be replaced
but must be maintained in good condition.
    (b) All extinguishers installed after August 22, 2016, must meet
the applicable requirements in Sec. Sec.  175.305 through 175.320.

Sec.  175.390  Condition and number of fire extinguishers required for
recreational vessels built before model year 1953.

    A recreational vessel built before model year 1953 must meet the
applicable number and general type of equipment provisions of
Sec. Sec.  175.305 through 175.320. Existing items of equipment and
installations previously approved but not meeting the applicable
requirements for type approval may be continued in service provided
they are in good condition. All new installations and replacements must
meet the requirements of Sec. Sec.  175.305 through 175.320.

Title 46--Shipping

PART 25--REQUIREMENTS

0
6. The authority citation for part 25 is revised to read as follows:

    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.2, paragraphs (II) (77), (92)(a), and 92(b).

0
7. Revise Sec.  25.30-1 to read as follows:

Sec.  25.30-1  Applicability.

    (a) This subpart applies to all vessels contracted for on or after
August 22, 2016, except for recreational vessels as defined in 33 CFR
175.3, which are governed by fire safety equipment requirements at 33
CFR part 175, subpart E.
    (b) All vessels contracted for before August 22, 2016, and after
November 19, 1952, except recreational vessels as defined in 33 CFR
175.3, must meet the requirements of 46 CFR 25.30-80.
    (c) All vessels, contracted for before November 19, 1952, except
recreational vessels as defined in 33 CFR 175.3, must meet the
requirements of 46 CFR 25.30-90.

    Dated: October 12, 2021.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2021-22578 Filed 10-21-21; 8:45 am]
BILLING CODE 9110-04-P