[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Proposed Rules]
[Page 8431-8459]
[DOCID:fr24fe10-21]

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Part II

Department of Homeland Security

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Coast Guard

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46 Parts 25, 27, 28, et al.

Carbon Dioxide Fire Suppression Systems on Commercial Vessels; Proposed
Rule

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 25, 27, 28, 31, 34, 35, 62, 71, 76, 78, 91, 95, 97,
107, 108, 112, 115, 118, 119, 122, 131, 132, 147, 162, 167, 169,
176, 181, 182, 185, 189, 190, 193, 194, and 196

[USCG-2006-24797]
RIN 1625-AB44

Carbon Dioxide Fire Suppression Systems on Commercial Vessels

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the current regulations for
fire suppression systems on several classes of commercial vessels. The
amendments would clarify that approved alternatives to carbon dioxide
systems may be used to protect some spaces on these vessels and would
set general requirements for alternative systems.
    Additionally, new and existing carbon dioxide systems, when used in
spaces that can be accessed by persons onboard the specified commercial
vessels, would need to be equipped with lockout valves and olfactory
additives to protect persons in the event of a carbon dioxide
discharge. By requiring these features on carbon dioxide systems and by
making a wider range of fire suppression systems available, the
proposed regulations advance the Coast Guard's mission of promoting
maritime safety and mobility.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before May 25, 2010
or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2006-24797 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
    Viewing incorporation by reference material: You may inspect the
material proposed for incorporation by reference at room 1308, U.S.
Coast Guard Headquarters, 2100 2nd Street, SW., Stop 7126, Washington,
DC 20593-7126 between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>. Copies of the
material are available as indicated in the ``Incorporation by
Reference'' section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lieutenant Commander Suzanne Hemann, U.S. Coast
Guard; telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
V. Incorporation by Reference
VI. Regulatory Analysis
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

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

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2006-24797), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2006-24797'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this
proposed rule based on your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2006-24797'' in the Docket ID box, press Enter,
and then click on the item in the Docket ID column. If you do not have
access to the Internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

C. Privacy Act

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

D. Public Meeting

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

II. Abbreviations

CO2                                  Carbon dioxide
DHS                                  Department of Homeland Security
FK[dash]5[dash]1[dash]12             Dodecafluoro-2-methylpentan-3-one
FR                                   Federal Register
HFC[dash]227ea                       Heptafluoropropane
IG[dash]541                          Nitrogen 52%, argon 40%, and carbon
                                      dioxide 8%
MODUs                                Mobile offshore drilling units
U.S.C.                               United States Code

III. Background

    Until recently, carbon dioxide (CO2) systems were the
only systems suitable for suppressing or extinguishing fires in certain
vessel spaces, such as those used for cargo and various types of
machinery. Our current regulations require the use of CO2
systems in such spaces on towing vessels, tank vessels, cargo and
miscellaneous vessels, mobile offshore drilling units (MODUs), offshore
supply vessels, public nautical school ships, and large passenger
vessels (``Subchapter H'' vessels). We also allow carbon dioxide
systems on small passenger vessels carrying more than 150 passengers or
with overnight accommodations for more than 49 passengers (``Subchapter
K'' vessels) and other small passenger vessels (``Subchapter T''
vessels).
    Carbon dioxide systems work by flooding a protected space with
CO2, thereby depriving a fire of the oxygen it needs to
burn. Unfortunately, when a carbon dioxide discharge occurs, oxygen
deprivation poses a risk to persons who may be in this protected space.
Crew members have died when odorless CO2 gas was discharged
in their spaces accidentally or without adequate warning to evacuate.
    In recent years, alternative systems have been developed that are
comparable to carbon dioxide systems in their ability to suppress
fires, but that do not pose the same risks to persons onboard. Our
regulations currently allow for the use of Coast Guard-approved
alternative systems. At present, most approved systems use halocarbon
clean agents HFC[dash]227ea (heptafluoropropane),
FK[dash]5[dash]1[dash]12 (dodecafluoro-2-methylpentan-3-one), or
IG[dash]541 (nitrogen 52%, argon 40%, and carbon dioxide 8%). We have
also approved water mist systems for some applications. These systems
have been tested by independent testing laboratories and have
laboratory listings. Systems using other agents may be developed and
approved in the future.
    Along with the manufacturers of alternative systems, shipyards, and
independent testing laboratories, we believe it would promote safety
and be advantageous to industry to issue new regulations for
installing, maintaining, and using approved carbon dioxide-alternative
fire suppression systems.

IV. Discussion of Proposed Rule

    We are proposing two overall changes to our regulations.
    1. Lockout valves and olfactory additives.
    We propose requiring lockout valves and olfactory additives in any
CO2 system used in a space that may be occupied by persons
onboard, even if only occasionally.
    Lockout valves, which are already required for shore-based
facilities by National Fire Protection Association standards (NFPA 12,
2008 edition), are intended to be used during system maintenance to
prevent inadvertent flooding of a protected space. We would require
lockout valves on vessels that use CO2 systems in spaces
containing more than 6,000 cubic feet and in smaller spaces that do not
have horizontal escapes, which provide a quick way to evacuate.
Odorizer units would be required for CO2 systems of any size
to provide a scent to normally odorless CO2 during
discharge. A distinctive-smelling substance, like wintergreen, is added
to the CO2 so that in the event of a CO2
discharge in a vessel's space, any persons in that space can quickly
smell the discharge and evacuate.
    Additionally, the odor would warn persons in adjacent spaces that
the CO2 may have migrated. The new lockout valve and
olfactory additive requirements would apply immediately to new systems.
They would be phased-in for existing systems, allowing the necessary
simple retrofits to be made during drydocking or routine maintenance,
thereby reducing the financial impact on vessel owners. Retrofitting
would involve dismantling and reassembling a small section of system
piping to include a lockout valve.
    2. Alternative systems.
    The second overall change we propose is to amend our existing
regulations to make it clear that alternative systems using clean agent
and inert gases may be used. Furthermore, we are proposing
clarifications to the general requirements for maintaining, installing,
and using an alternative system. System layout and control requirements
would be based on the current regulations for engineered CO2
systems on inspected vessels. Independent laboratories would oversee
prototype testing and follow-up quality control supervision.
    The following table lists the parts within 46 CFR that are affected
by our proposal and the specific sections we propose to amend. The
foregoing discussion provides a general explanation for each of these
changes. When additional information is required, it appears in the
table in parentheses. The table omits any discussion of numerous minor
and nonsubstantive style, format, or wording changes that we are
proposing solely to improve the clarity of our regulations.

                   Table 1--Proposed Changes to 46 CFR
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    46 CFR part and topic        46 CFR sections affected (& comments)
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25--Uninspected vessels......  25.30-15 (remove paragraph designations
                                and remove redundant second paragraph).
27--Towing vessels...........  27.101.
28--Commercial fishing         28.825.
 industry vessels.
31, 34, 35--Tank vessels.....  31.10-18 (remove flow test requirement in
                                para. (f)), 34.01-15 (incorporation by
                                reference), 34.05-5, 34.15-50 (new),
                                34.15-60 (new), 35.40-7, 35.40-8 (new),
                                35.40-10.
62--Marine engineering, vital  62.25-20.
 systems automation.
71, 76, 78--Subchapter H       71.20-20, 71.25-20, 71.65-5, 76.05-1,
 passenger vessels ([gteqt]     76.10-5, 76.15-50 (new), 76.16-60 (new),
 100 gross tons).               78.47-9, 78-47.11 (new), 78.47-17.

91, 95, 97--Cargo &            91.20-20, 91.25-20, 91.55-5, 95.01-2
 miscellaneous vessels.         (incorporation by reference), 95.05-10,
                                95.10-5, 95.15-5 (lengthen discharge
                                time from 2 to 10 min. for spaces
                                specially suitable for vehicles to
                                provide greater safety margin and meet
                                the International Maritime
                                Organization's Safety of Life at Sea
                                (SOLAS) requirements), 95.15-30 (provide
                                for nitrogen pilot cylinders), 95.15-50
                                (new), 95.15-60 (new), 95.16-1--95.16-90
                                (new; based on current subpart 95.15,
                                modified and reorganized), 97.37-9,
                                97.37-11 (new), 97.37-13.
107, 108--Mobile offshore      107.231, 107.235, 108.444 (new), 108.446
 drilling units.                (new), 108.626 (new), 108.627, 108.631.
112--Electrical engineering,   112.15-5.
 emergency lighting & power
 systems.
115, 118, 119, 122--           115.810, 118.410, 119.710, 122.612.
 Subchapter K passenger
 vessels (< 100 gross tons &
 > 150 passengers or > 49
 overnight passengers).
131, 132--Offshore supply      131.815, 131.817 (new), 131.825, 132.350.
 vessels.
147--Hazardous ships' stores.  147.7 (incorporation by reference),
                                147.45 (nonsubstantive change), 147.60
                                (nonsubstantive change), 147.66 (new),
                                147.67 (new).
162--Engineering equipment...  162.161-1--162.161-9 (new).
167--Public nautical school    167.45-1, 167.45-45, 167.55-5.
 ships.
169--Sailing school vessels..  169.247, 169.564, 169.570 (new), 169.571
                                (new), 169.732, 169.734.
176, 181, 182, 185--           176.810, 181.410, 182.710, 185.612.
 Subchapter T passenger
 vessels (< 100 gross tons &
 <= 150 passengers or <= 49
 passengers overnight).
189, 190, 193, 194, 196--      189.25-20, 189.55-5, 190.15-5, 193.05-10,
 Oceanographic research         193.10-5, 193.15-16 (new), 193.15-17
 vessels.                       (new), 193.15-50 (new), 194.20-7, 196.37-
                                8 (new), 196.37-9, 196.37-13.
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V. Incorporation by Reference

    Material proposed for incorporation by reference appears in 46 CFR
34.01-15, 46 CFR 147.7, and 46 CFR 162.161-2. You may inspect this
material at U.S. Coast Guard Headquarters where indicated under
ADDRESSES. Copies of the material are available from the sources listed
in 46 CFR 34.01-15, 46 CFR 147.7, and 46 CFR 162.161-2.
    Before publishing a binding rule, we will submit this material to
the Director of the Federal Register for approval of the incorporation
by reference.

VI. Regulatory Analysis

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

A. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget (OMB) has not reviewed it under that Order.
    A draft Regulatory Analysis is available in the docket where
indicated under the ``Public Participation and Request for Comments''
section of this preamble. A summary of the preliminary Regulatory
Analysis follows.
    We propose to amend the current regulations for carbon dioxide fire
suppression systems on commercial vessels. The amendments would require
certain safety requirements for current and future users of
CO2 systems. The proposed rule would require lockout valves
for certain protected spaces as well as for an olfactory additive as a
warning measure for all CO2 systems. The proposed rule would
also clarify what approved alternatives to CO2 systems may
be used to protect some spaces on these vessels and would set general
requirements for alternative systems. We do not expect industry would
incur additional costs as a result of the provisions for alternative
systems. See below for additional discussion of alternative systems.
    Carbon dioxide fire suppression systems pose a risk of asphyxiation
to personnel. Lockout valves and olfactory additives help protect
persons in the event of an inadvertent release during maintenance.
Olfactory additives offer additional protection from leaks from a
protected space to adjacent spaces and help alert personnel when
CO2 has been released. By requiring these features on carbon
dioxide systems and making a wider range of fire suppression systems
available, the proposed amendments would advance the Coast Guard's
missions of promoting maritime safety and mobility.
    U.S. flag vessel owners are expected to incur costs associated with
this proposed rule. Vessel owners with existing CO2 fire
suppression systems would be required to add the lockout valves and
olfactory units within five years of the publication of the final rule.
This would allow enough time for vessel owners to add these features
during scheduled vessel maintenance periods and would reduce the cost
of compliance for vessel owners. For purposes of this regulatory
assessment, we assume an equal proportion of systems will be
retrofitted each year for five years. New vessel owners will incur the
costs as systems are incorporated into new ships at construction.
Affected Population
    Vessels with CO2 fire suppression systems that are not
in compliance with the proposed regulation would be required to install
lockout valves at entrances to all spaces greater than 6,000 cubic feet
in volume where personnel may enter, as well as, in spaces with 6,000
cubic feet in volume or less that do not have a horizontal escape for
quick escape. Vessels equipped with existing CO2 fire
suppression systems would incur a cost for retrofitting valves to the
systems. Newly constructed vessels installing new fire CO2
suppression systems in similar spaces would also incur a cost for
installation of lockout valves, although at a lower cost than
retrofitting systems on existing vessels because installations during
vessel construction are typically less costly.
    Based on Coast Guard Marine Investigation Security and Law
Enforcement (MISLE) data, we estimate

there are potentially 1,702 existing vessels with a total of 3,204
CO2 fire suppression systems that would require lockout
valves. The 3,204 existing systems consist of 1,054 larger systems that
would require more expensive lockout valves and 2,150 smaller systems
that would require less expensive lockout valves. Using MILSE data, we
estimate there are potentially 22 small systems and 12 large systems
installed each year on new vessels, which would be required to have
lockout valves.
    The population of affected vessels that would need to install
olfactory additives (odorizers) includes all existing and new vessels
with CO2 systems. All existing vessels with CO2
systems would require a retrofit for each protected space. Based on
MISLE data, we estimate there are potentially 7,815 systems on 3,567
vessels that would be required to install odorizers.\1\ Each new vessel
with CO2 systems would also require an odorizer for
compartments of all sizes. Of the new vessels constructed annually, we
estimate the 46 new systems/year installed would require odorizers.
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    \1\ The difference in the vessel populations and system counts
(lockout valve vs. odorizers) is reflective of the large number of
extremely small sized systems that need odorizers, but do not need
lockout valves (the balance of 7,815-3,204 or 4,611).
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Costs
    Based on industry data, we estimate that average 2008 industry
prices for installed retrofit large and small lockout valves are $3,513
and $1,475, respectively. Systems that handle more than 2,450 pounds of
CO2 require a valve larger than 2 inches. Of the 3,204
existing systems affected by this proposed rule, 1,054 would require
the larger, more expensive lockout valves, while 2,150 systems require
the smaller valves for a total undiscounted cost of about $6,873,425.
The annual undiscounted cost for owners of vessels with existing
systems to meet the lockout valve requirement of this proposed rule
would be approximately $1,374,685 for each year of the five-year phase-
in period.
    Vessel owners wishing to install a new CO2 fire
suppression system would be required to have the lockout valves
included in the installation. We estimate that the annual undiscounted
industry cost for adding lockout valves to new CO2 fire
suppression systems to be $65,932 per year (based on installed costs on
new systems of $1,258 for small valves and $3,188 for large valves).
Industry would incur this cost for each year over the ten-year period
of analysis.
    As for odorizers, we estimate that the retrofit installed costs,
including three warning signs, are $551/unit based on industry
information. This is about $35 more than the estimated cost for new
odorizers installed. With a five-year phase-in for all 7,815 systems,
1,563 systems will be retrofitted on average each year. We estimate the
total annual undiscounted cost of the retrofit will be $861,213. For
new systems using the lockout valve, we estimate the total annual
undiscounted cost to be about $17,558 for all 34 protected areas. For
the remaining systems not required to have a lockout valve, the cost
for installing odorizers in 12 areas will be about $6,197. The total
cost per vessel would be dependent on the number of areas protected by
CO2.
    We estimated the total cost of this rulemaking over a ten-year
period to be $12.1 million (see Table 2). For the first five years, we
estimated the undiscounted costs to be $2,325,584/year for both
retrofits and new installations.

                    Table 2--Total Cost of Adding Lockout Valves and Odorizers to CO2 Systems
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                                                                                Total 7%        Total 3%
              Year                Lockout valves     Odorizers         Total         discount        discount
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2011............................      $1,440,617        $884,967      $2,325,584      $2,173,443      $2,257,849
2012............................       1,440,617         884,967       2,325,584       2,031,255       2,192,086
2013............................       1,440,617         884,967       2,325,584       1,898,370       2,128,239
2014............................       1,440,617         884,967       2,325,584       1,774,177       2,066,252
2015............................       1,440,617         884,967       2,325,584       1,658,110       2,006,070
2016............................          65,932          23,754          89,686          59,762          75,111
2017............................          65,932          23,754          89,686          55,582          72,923
2018............................          65,932          23,754          89,686          52,198          70,799
2019............................          65,932          23,754          89,686          48,783          68,737
2020............................          65,932          23,754          89,686          45,592          66,735
                                 -------------------------------------------------------------------------------
    Total.......................       7,532,745       4,543,609      12,076,354       9,797,543      11,004,801
Annualized Costs................  ..............  ..............  ..............       1,394,950       1,290,198
----------------------------------------------------------------------------------------------------------------
Source: USCG Calculations.
Note: Totals may not add due to rounding.

    For the remaining years, the undiscounted costs are $89,686/year
due to the new installations only. We discounted the annual costs at 3
percent and 7 percent and also annualized the total costs at the same
rates. The total 10-year cost of the proposed rule is $9.8 million at a
7 percent discount rate and $11 million at 3 percent.
    This proposed regulation would clarify Coast Guard acceptance of
alternatives to using CO2 systems. We do not believe that
these provisions would have a cost impact because the Coast Guard has
been approving alternative systems on an ad hoc basis. We believe these
approved installed alternative systems would be compliant with the
requirements for alternative systems proposed in this rulemaking.
    With regard to alternative fire suppression systems, the use of
halocarbon (only one of a number of alternatives) fire suppression
systems has been increasing in recent years (2006-2008). Our records
indicate that industry installed an average of 21 halocarbon fire
suppression systems compared to an average of 34 CO2 fire
suppression systems with capacity over 6,000 cubic feet during this
period.
Benefits
    The primary benefit associated with this proposed rule is the
reduction in risk of injuries and fatalities related to CO2
exposure. CO2 exposure has long been recognized as a
potential hazard to human health. The National Institute of
Occupational Safety and Health (NIOSH), in its publication NIOSH 76-
194, ``Criteria for a Recommended

Standard--Occupational Exposure to Carbon Dioxide,'' available at
http://www.cdc.gov/niosh/76-194.html, has set criteria for a standard
for limits of exposure to CO2 in workplace settings.
    Other Federal and industry agencies and associations have also
recently concluded that CO2 fire suppression systems could
pose a risk. For example, the National Fire Prevention Association
(NFPA) guidance in its 2005 Edition for CO2 fire suppression
systems located on land states that ``total flooding CO2
suppression systems shall not be used in normally occupied
enclosures''. In addition, the EPA, in its 2000 report, ``Carbon
Dioxide as a Fire Suppressant: Examining the Risk,'' has suggested that
clarifying maritime regulation would be beneficial to reducing
accidental exposure.
    The Regulatory Analysis available in the docket has additional
detail on the assessment of the benefits and costs of this rulemaking.
The assessment also contains details and analysis of the alternatives
considered for this rulemaking.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 as well as not being dominant
in their fields, and governmental jurisdictions with populations of
less than 50,000.
    A combined Regulatory Assessment and Initial Regulatory Flexibility
Analysis discussing the impact of this proposed rule on small entities
is available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble.
    Our data shows that there are 489 known entities that owned vessels
with CO2 fire suppression systems onboard in 2008. Of the
489, 26 are government entities with populations of more than 50,000
that we excluded from the small business analysis. Of the remaining 463
entities, we were able to find revenue and employment information for
100 entities. Of the 100, we confirmed that 37 were small as defined by
Small Business Administration (SBA) size standards.
    We assumed the remaining 363 entities to be small because we were
unable to find revenue or employment information. Given that assumption
of size, we concluded that small entities likely comprise 400 (363 +
37) or 81.8% of the total affected population.
    Of the small entities with revenue and employee size data, we
determined that 83.8% would have an annual revenue impact of less than
1 percent. Further, we estimated that the impact on 97.3% of these
small entities would be less than 3% of annual revenue.
    Therefore, the Coast Guard certifies under 5 U.S.C. Sec.  605(b)
that this rulemaking would not have a significant economic impact on a
substantial number of small entities. We are interested in the
potential impacts from this proposed rule on small businesses and we
request public comment on these potential impacts. If you think that
your business, organization, or governmental jurisdiction qualifies as
a small entity and that this rulemaking would have a significant
economic impact on it, please submit a comment to the Docket Management
Facility at the address under the ``Public Participation and Request
for Comments'' section of this preamble. In your comment, explain why,
how, and to what degree you think this rule would have an economic
impact on you.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding the proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule affects your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call Lieutenant Commander Suzanne
Hemann, CG-5214, U.S. Coast Guard, telephone<PHONE_NUMBER> or send her
an e-mail at<EMAIL_ADDRESS>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 proposed rule would require no new collection of information
(COI) under the Paperwork Reduction Act (44 U.S.C. 3501-3520). The U.S.
Coast Guard has been approving alternatives to CO2 systems
for a number of years and accounting for it in COI document ``OMB
Control Number 1625-0035''. This rulemaking would not require any new
recordkeeping or reporting requirements. Satisfactory lockout valve and
olfactory installation will be confirmed by normal future Coast Guard
inspections.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

    This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to

safety that might disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g. specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standard bodies.
    This proposed rule uses the following consensus standards:
Underwriters Laboratories (UL) standards UL 2127 entitled ``Standard
for Inert Gas Clean Agent Extinguishing System Units,'' UL 2166
entitled ``Standard for Halocarbon Clean Agent Extinguishing System
Units,'' and National Fire Protection Association (NFPA) 2001 entitled
``Standard on Clean Agent Fire Extinguishing Systems.'' The proposed
sections that reference these standards and the locations where these
standards are available are listed in the proposed regulatory text for
46 CFR 34.01-15, 147.7, and 162.161-2.
    This proposed rule also uses technical standards other than
voluntary consensus standards. The test described in the regulatory
text proposed for 46 CFR 162.161-6 is in accordance with requirements
of the International Maritime Organization, IMO MSC/Circ.848 entitled
``Revised Guidelines for the Approval of Equivalent Fixed Gas Fire-
Extinguishing Systems, as referred to in chapter II-2 of SOLAS 74, for
machinery spaces and cargo pump-rooms'' and IMO MSC.1/Circ. 1267
entitled ``Amendments to the Revised Guidelines for the Approval of
Equivalent Fixed Gas Fire-Extinguishing Systems, as referred to in
chapter II-2 of SOLAS 74, for machinery spaces and cargo pump-rooms
(MSC/Circ. 848)''. The remaining requirements and tests were developed
by the Coast Guard and used to evaluate currently-approved carbon
dioxide-alternative fire suppression systems. These requirements are
described throughout the proposed regulations. They are used because we
did not find voluntary consensus standards that are applicable to this
rule. If you disagree with our analysis of the voluntary consensus
standards listed above or are aware of voluntary consensus standards
that might apply, but are not listed, please send a comment to the
docket using one of the methods under ADDRESSES. In your comment,
please explain why you disagree with our analysis and/or identify
voluntary consensus standards we have not listed that might apply.

M. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
rule involves amending the current regulations for carbon dioxide fire
suppression systems on several classes of commercial vessels. Exclusion
under paragraphs (34)(d) of Figure 2.1 of the Instruction and section
6(a) of the Federal Register, Vol. 67, No. 141, Tuesday July 23, 2002,
page 48243 apply because this rule pertains to regulations concerning
the equipping of vessels, as well as equipment approval. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects

46 CFR Part 25

    Fire prevention, Marine safety, Reporting and recordkeeping
requirements.

46 CFR Part 27

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

46 CFR Part 28

    Alaska, Fire prevention, Fishing vessels, Marine safety,
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.

46 CFR Part 34

    Cargo vessels, Fire prevention, Marine safety.

46 CFR Part 35

    Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 62

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 71

    Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.

46 CFR Part 76

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 78

    Marine safety, Navigation (water), Passenger vessels, Penalties,
Reporting and recordkeeping requirements.

46 CFR Part 91

    Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.

46 CFR Part 95

    Cargo vessels, Fire prevention, Incorporation by reference, Marine
safety.

46 CFR Part 97

    Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.

46 CFR Part 107

    Marine safety, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.

46 CFR Part 108

    Fire prevention, Marine safety, Occupational safety and health, Oil
and gas exploration, Vessels.

46 CFR Part 112

    Vessels.

46 CFR Part 115

    Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.

46 CFR Part 118

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 119

    Marine safety, Passenger vessels.

46 CFR Part 122

    Marine safety, Passenger vessels, Penalties, Reporting and
recordkeeping requirements.

46 CFR Part 131

    Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements.

46 CFR Part 132

    Cargo vessels, Fire prevention, Marine safety, Reporting and
recordkeeping requirements.

46 CFR Part 147

    Hazardous materials transportation, Incorporation by reference,
Labeling, Marine safety, Packaging and containers, Reporting and
recordkeeping requirements.

46 CFR Part 162

    Fire prevention, Incorporation by reference, Marine safety, Oil
pollution, Reporting and recordkeeping requirements.

46 CFR Part 167

    Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.

46 CFR Part 169

    Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Vessels.

46 CFR Part 176

    Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.

46 CFR Part 181

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 182

    Marine safety, Passenger vessels.

46 CFR Part 185

    Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.

46 CFR Part 189

    Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.

46 CFR Part 190

    Fire prevention, Marine safety, Occupational safety and health,
Oceanographic research vessels.

46 CFR Part 193

    Fire prevention, Marine safety, Oceanographic research vessels.

46 CFR Part 194

    Explosives, Hazardous materials transportation, Marine safety,
Oceanographic research vessels.

46 CFR Part 196

    Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.

    For the reasons listed in the preamble, the Coast Guard proposes to
amend 46 CFR parts 25, 27, 28, 31, 34, 35, 62, 71, 76, 78, 91, 95, 97,
107, 108, 112, 115, 118, 119, 122, 131, 132, 147, 162, 167, 169, 176,
181, 182, 185, 189, 190, 193, 194, and 196 as follows:

PART 25--REQUIREMENTS

    1. The authority citation for Part 25 continues to read as follows:

    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4102, 4302;
Department of Homeland Security Delegation No. 0170.1.

    2. Revise Sec.  25.30-15 to read as follows:

Sec.  25.30-15  Fixed fire-extinguishing systems.

    When a fixed fire-extinguishing system is installed, it must be a
type approved or accepted by the Commandant (CG-5214) or the Commanding
Officer, U.S. Coast Guard Marine Safety Center.

PART 27--TOWING VESSELS

    3. The authority citation for Part 27 continues to read as follows:

    Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324,
110 Stat. 3901); Department of Homeland Security Delegation No.
0170.1.

    4. In Sec.  27.101, in the definition of ``Fixed fire-extinguishing
system'', revise paragraphs (1) and (3), and add a new paragraph (4),
to read as follows:

Sec.  27.101  Definitions.

* * * * *
    Fixed fire-extinguishing system means:
    (1) A carbon dioxide system that satisfies 46 CFR 76.15 and the
system labeling requirements in 46 CFR 78.47-7 and 78.47-11 and that is
approved by the Commandant;
* * * * *
    (3) A manually-operated water-mist system that satisfies NFPA 750
(incorporated by reference; see 46 CFR 27.102) and that is approved by
the Commandant; or
    (4) A clean agent system that satisfies 46 CFR 95.16 and the
labeling requirements of 46 CFR 97.37-9 and 97.37-11 and that is
approved by the Commandant.
* * * * *

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

    5. The authority citation for Part 28 continues to read as follows:

    Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603;
Department of Homeland Security Delegation No. 0170.1.

    6. Revise Sec.  28.825(b)(2)(iv) to read as follows:

Sec.  28.825  Excess fire detection and protection equipment.

* * * * *
    (b) * * *
    (2) * * *
    (iv) The control cabinets or spaces containing valves or manifolds
for the various fire extinguishing systems must be distinctly marked in
conspicuous red letters at least 2 inches high: ``[CARBON DIOXIDE/FOAM/
CLEAN AGENT--as appropriate] FIRE SYSTEM.''
* * * * *

PART 31--INSPECTION AND CERTIFICATION

    7. The authority citation for Part 31 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307,
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; Department of Homeland Security Delegation No.
0170.1. Section

31.10-21 also issued under the authority of Sect. 4109, Pub. L. 101-
380, 104 Stat. 515.

    8. In Sec.  31.10-18, revise Table 31.10-18(c) and paragraph (f) to
read as follows:

Sec.  31.10-18  Firefighting equipment: General--TB/ALL.

* * * * *
    (c) * * *

                            Table 31.10-18(c)
------------------------------------------------------------------------
         Type system                              Test
------------------------------------------------------------------------
Foam.........................  Systems utilizing a soda solution must
                                have that solution replaced. In all
                                cases, ascertain that powder is not
                                caked.
Carbon dioxide...............  Weigh cylinders. Recharge cylinder if
                                weight loss exceeds 10% of weight of
                                charge. Test time delays, alarms, and
                                ventilation shutdowns with carbon
                                dioxide, nitrogen, or other nonflammable
                                gas as stated in the system
                                manufacturer's instruction manual.
                                Inspect hoses for damage or decay.
                                Ensure that nozzles are unobstructed.
                                Cylinders must be tested and marked, and
                                all flexible connections on fixed carbon
                                dioxide systems must be tested or
                                renewed, as required by 46 CFR 147.60
                                and 147.65.
Halon 1301 and halocarbon....  Recharge or replace if weight loss
                                exceeds 5% of weight of charge, or, if
                                cylinder has a pressure gauge, recharge
                                cylinder if pressure loss exceeds 10%,
                                adjusted for temperature. Test time
                                delays, alarms, and ventilation
                                shutdowns with carbon dioxide, nitrogen,
                                or other nonflammable gas as stated in
                                the system manufacturer's instruction
                                manual. Inspect hoses for damage or
                                decay. Ensure that nozzles are
                                unobstructed. Cylinders must be tested
                                and marked, and all flexible connections
                                to Halon 1301 and halocarbon cylinders
                                must be tested or renewed, as required
                                by 46 CFR 147.60 and 147.65 or 147.67.
                               NOTE: Halon 1301 system approvals have
                                expired, but existing systems may be
                                retained if they are in good and
                                serviceable condition to the
                                satisfaction of the Coast Guard
                                inspector.
Inert gas....................  Recharge or replace cylinder if cylinder
                                pressure loss exceeds 5% of specified
                                gauge pressure, adjusted for
                                temperature. Test time delays, alarms,
                                and ventilation shutdowns with carbon
                                dioxide, nitrogen, or other nonflammable
                                gas as stated in the system
                                manufacturer's instruction manual.
                                Ensure that nozzles are unobstructed.
                                Cylinders must be tested and marked, and
                                all flexible connections on fixed inert
                                extinguishers must be tested or renewed,
                                as required by 46 CFR 147.60 and 147.66.
Water mist...................  Maintain system in accordance with the
                                maintenance instructions in the system
                                manufacturer's design, installation,
                                operation, and maintenance manual.
------------------------------------------------------------------------

* * * * *
    (f) The marine inspector must check all fire extinguishing system
piping, controls, valves, and alarms to ascertain that the system is in
good operating condition. For carbon dioxide or clean agent systems as
described in 46 CFR subpart 95.16, the marine inspector must:
    (1) Verify that flow is continuous and that the piping and nozzles
are unobstructed; and
    (2) Verify that any discharge delays and pre-discharge alarms
function properly during the flow test.
* * * * *

PART 34--FIREFIGHTING EQUIPMENT

    9. The authority citation for Part 34 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

    10. Revise Sec.  34.01-15 to read as follows:

Sec.  34.01-15  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a). To enforce any edition other than that specified
in paragraph (b) of this section, the Coast Guard must publish notice
of change in the Federal Register and make the material available to
the public. All approved material is on file at the U.S. Coast Guard,
Office of Design and Engineering Standards (CG-521), 2100 2nd Street,
SW., Stop 7126, Washington, DC 20593-7126 or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html. All material is available from the sources indicated in
paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this
part and the sections affected are:
    (1) American Society for Testing and Materials (ASTM)
    100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
    (2) ASTM F 1121-87 (Reapproved 1993), Standard Specification for
International Shore Connections for Marine Fire Applications, 1987.
    (c) National Fire Protection Association (NFPA) 1 Batterymarch
Park, Quincy, MA 02269-9101.
    (1) NFPA 13-1996, Standard for the Installation of Sprinkler
Systems--34.30-1.
    (2) NFPA 2001-2008, Standard on Clean Agent Fire Extinguishing
Systems--34.05-5(a)(4).
    11. In Sec.  34.05-5, revise the section heading and paragraphs
(a)(3) through (7) to read as follows:

Sec.  34.05-5  Fire extinguishing systems-- T/ALL.

    (a) * * *
    (3) Lamp and paint lockers and similar spaces. A carbon dioxide or
clean agent system as described in 46 CFR subpart 95.16 or a water
spray system must be installed in all lamp and paint lockers, oil
rooms, and similar spaces.
    (4) Pump rooms. A carbon dioxide or clean agent system as described
in 46 CFR subpart 95.16, a foam spray system, or water spray system
must be installed for the protection of all pump rooms. If a clean
agent system is installed for the pump room of a tank ship carrying
chemical cargos, the amount of extinguishing agent must be determined
by using the agent design concentration determined by the cup burner
method, described in NFPA 2001 (incorporated by reference; see 46 CFR
34.01-15) for the cargo requiring the greatest amount of agent.
    (5) Boiler rooms. On tankships contracted for on or after November
19, 1952, a carbon dioxide or clean agent system as described in 46 CFR
subpart 95.16 or a foam system must be installed to protect any space
containing a main or auxiliary oil fired boiler, the boiler fuel oil
service pump, or any fuel oil units such as heaters, strainers, valves,
manifolds, etc., that are subject to the discharge pressure of the fuel
oil service pumps.

    (6) Machinery spaces. A carbon dioxide or clean agent system as
described in 46 CFR subpart 95.16 must be installed to protect any
machinery space containing an internal combustion-propelling engine
that uses fuel having a flashpoint of less than 110 degrees Fahrenheit.
    (7) Internal combustion installations. A fire extinguishing system
must be provided for an internal combustion installation and:
    (i) The system must be a carbon dioxide or clean agent system as
described in 46 CFR subpart 95.16;
    (ii) On vessels of 1,000 gross tons and over on an international
voyage, the construction or conversion of which is contracted for on or
after May 26, 1965, a carbon dioxide or clean agent system as described
in 46 CFR subpart 95.16 must be installed in any space containing
internal combustion or gas turbine main propulsion machinery,
auxiliaries with an aggregate power of 1,000 b.h.p. or greater, or
their fuel oil units, including purifiers, valves, and manifolds; and
    (iii) On vessels of 1,000 gross tons and over, the construction,
conversion or automation of which is contracted for on or after January
1, 1968, a carbon dioxide or clean agent system as described in 46 CFR
subpart 95.16 must be installed in any space containing internal
combustion or gas turbine main propulsion machinery, auxiliaries with
an aggregate power of 1,000 b.h.p. or greater, or their fuel oil units,
including purifiers, valves and manifolds.
* * * * *
    12. Add a new Sec.  34.15-50 to read as follows:

Sec.  34.15-50  Lockout valves--T/ALL.

    (a) A lockout valve must be provided on any carbon dioxide
extinguishing system protecting a space over 6,000 cubic feet in volume
or a space 6,000 cubic feet or less in volume that does not have a
horizontal escape.
    (b) The lockout valve must be a manually operated valve located in
the discharge manifold prior to the stop valve or selector valves. When
in the closed position, the lockout valve must provide complete
isolation of the system from the protected space or spaces, making it
impossible for carbon dioxide to discharge in the event of equipment
failure during maintenance.
    (c) The lockout valve design or locking mechanism must make it
obvious whether the valve is open or closed.
    (d) A valve is considered a lockout valve if it has a hasp or other
means of attachment to which, or through which, a lock can be affixed,
or it has a locking mechanism built into it.
    (e) The lockout valve must be locked in the closed position
whenever maintenance is performed on the extinguishing system. The
master must ensure that the lockout valve is locked in the open
position when maintenance is complete and the system is returned to
operable condition.
    (f) Lockout valves added to existing systems must be approved by
the Commandant for use in the system.
    (g) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the lockout valve requirements of this section not later than
[DATE 5 YEARS AFTER EFFECTIVE DATE OF RULE].
    13. Add new Sec.  34.15-60 to read as follows:

Sec.  34.15-60  Olfactory additives--T/ALL.

    (a) Each carbon dioxide extinguishing system must have an approved
odorizing unit to produce the scent of wintergreen, the detection of
which will serve as an indication that carbon dioxide gas is present in
a protected area and any other area into which the carbon dioxide may
migrate.
    (b) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the requirements of this section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].

PART 35--OPERATIONS

    14. The authority citation for Part 35 continues to read as
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department
of Homeland Security Delegation No. 0170.1.

    15. Revise Sec.  35.40-7 to read as follows:

Sec.  35.40-7  Carbon dioxide and clean agent alarms--T/ALL.

    Each carbon dioxide or clean agent fire extinguishing alarm
installed after November 19, 1952, must be conspicuously marked: ``WHEN
ALARM SOUNDS VACATE AT ONCE. CARBON DIOXIDE OR CLEAN AGENT BEING
RELEASED.''
    16. Add a new Sec.  35.40-8 to read as follows:

Sec.  35.40-8  Carbon dioxide olfactory warning signs--T/ALL.

    Each entrance to a space storing carbon dioxide cylinders, a space
protected by carbon dioxide systems, or any space into which carbon
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK[dash]OUT SYSTEM WHEN
SERVICING.''
    (c) Spaces into which carbon dioxide might migrate--``CARBON
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED
VACATE IMMEDIATELY.''
    17. Revise Sec.  35.40-10 to read as follows:

Sec.  35.40-10  Steam, foam, carbon dioxide, or clean agent fire
smothering apparatus--TB/ALL.

    Each steam, foam, carbon dioxide, or clean agent fire fighting
apparatus must be marked ``[CARBON DIOXIDE/STEAM/FOAM/CLEAN AGENT--as
appropriate] FIRE APPARATUS,'' in red letters at least 2 inches high.
Branch pipe valves leading to the several compartments must be
distinctly marked to indicate the compartments or parts of the vessel
to which they lead.

PART 62--VITAL SYSTEM AUTOMATION

    18. The authority citation for Part 62 continues to read as
follows:

    Authority: 46 U.S.C. 3306, 3703, 8105; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.

    19. Revise Sec.  62.25-20(d)(1)(ii) to read as follows:

Sec.  62.25-20  Instrumentation, alarms, and centralized stations.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Fire, general alarm, carbon dioxide/Halon 1301/clean agent,
vital machinery, flooding, engineers' assistance-needed, and non-vital
alarms.
* * * * *

PART 71--INSPECTION AND CERTIFICATION

    20. The authority citation for Part 71 continues to read as
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307;
E.O. 12234, 45 FR

58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; Department of Homeland Security Delegation No.
0170.1.

    21. Revise Sec.  71.20-20(b) to read as follows:

Sec.  71.20-20  Specific tests and inspections.

* * * * *
    (b) Installation of carbon dioxide or clean agent extinguishing
piping in accordance with 46 CFR 76.15-15 and 46 CFR subpart 95.16.
* * * * *
    22. In Sec.  71.25-20, revise the section heading and Table 71.25-
20(a)(2) to read as follows:

Sec.  71.25-20  Fire detecting and extinguishing equipment.

    (a) * * *
    (2) * * *

                          Table 71.25-20(a)(2)
------------------------------------------------------------------------
         Type system                              Test
------------------------------------------------------------------------
Foam.........................  Systems utilizing a soda solution must
                                have that solution replaced. In all
                                cases, ascertain that powder is not
                                caked.
Carbon dioxide...............  Weigh cylinders. Recharge cylinder if
                                weight loss exceeds 10% of weight of
                                charge. Test time delays, alarms, and
                                ventilation shutdowns with carbon
                                dioxide, nitrogen, or other nonflammable
                                gas as stated in the system
                                manufacturer's instruction manual.
                                Inspect hoses for damage or decay.
                                Ensure that nozzles are unobstructed.
                                Cylinders must be tested and marked, and
                                all flexible connections on fixed carbon
                                dioxide systems must be tested or
                                renewed, as required by 46 CFR 147.60
                                and 147.65.
Halon 1301 and halocarbon....  Recharge or replace if weight loss
                                exceeds 5% of weight of charge or if
                                cylinder has a pressure gauge, recharge
                                cylinder if pressure loss exceeds 10%,
                                adjusted for temperature. Test time
                                delays, alarms, and ventilation
                                shutdowns with carbon dioxide, nitrogen,
                                or other nonflammable gas as stated in
                                the system manufacturer's instruction
                                manual. Inspect hoses for damage or
                                decay. Ensure that nozzles are
                                unobstructed. Cylinders must be tested
                                and marked, and all flexible connections
                                to Halon 1301 and halocarbon cylinders
                                must be tested or renewed, as required
                                by 46 CFR 147.60 and 147.65 or 147.67.
                               NOTE: Halon 1301 system approvals have
                                expired, but existing systems may be
                                retained if they are in good and
                                serviceable condition to the
                                satisfaction of the Coast Guard
                                inspector.
Inert gas....................  Recharge or replace cylinder if cylinder
                                pressure loss exceeds 5%of specified
                                gauge pressure, adjusted for
                                temperature. Test time delays, alarms,
                                and ventilation shutdowns with carbon
                                dioxide, nitrogen, or other nonflammable
                                gas as stated in the system
                                manufacturer's instruction manual.
                                Ensure that nozzles are unobstructed.
                                Cylinders must be tested and marked, and
                                all flexible connections on fixed inert
                                extinguishers must be tested or renewed,
                                as required by 46 CFR 147.60 and 147.66.
Water mist...................  Maintain system in accordance with the
                                maintenance instructions in the system
                                manufacturer's design, installation,
                                operation, and maintenance manual.
------------------------------------------------------------------------

* * * * *
    23. Revise Sec.  71.65-5(d)(6) to read as follows:

Sec.  71.65-5  Plans and specifications required for new construction.

* * * * *
    (d) * * *
    (6) Extinguishing systems, including fire main, carbon dioxide,
clean agent, foam, and sprinkling systems.
* * * * *

PART 76--FIRE PROTECTION EQUIPMENT

    24. The authority citation for Part 76 continues to read as
follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

    25. Revise Sec.  76.05-1 to read as follows:

Sec.  76.05-1  Fire detecting systems.

    (a) On the following vessels, approved fire detecting systems must
be installed in the locations indicated by Table 76.05-1(a):
    (1) Any vessel on an international voyage;
    (2) Any vessel of more than 150 feet in length having sleeping
accommodations for passengers; and
    (3) Any vessel of 150 feet or less in length that has sleeping
accommodations for 50 or more passengers. Vessels that are not on an
international voyage are not required to have a detecting system in the
cargo spaces.

                            Table 76.05-1(a)
------------------------------------------------------------------------
                                                             Fixed
              Space                Detecting systems     extinguishing
                                                            systems
------------------------------------------------------------------------
                              Safety areas
------------------------------------------------------------------------
Wheelhouse or fire-control room.  None required \1\.  None required.\1\
Stairway and elevator enclosures  None required \1\.  None required.\1\
Communication corridors.........  None required \1\.  None required.\1\
Lifeboat embarkation and          None required \1\.  None required.\1\
 lowering stations.
Radio room......................  None required \1\.  None required.\1\
------------------------------------------------------------------------
                             Accommodations
------------------------------------------------------------------------
Staterooms, toilet spaces,        None required \1\.  None required.\1\
 isolated pantries, etc.
Offices, lockers, and isolated    Electric,           None required.\1\
 storerooms.                       pneumatic, or
                                   automatic
                                   sprinkling \1\.
Public spaces...................  None required with  None required.\1\
                                   20-minute patrol.
                                   Electric,
                                   pneumatic, or
                                   automatic
                                   sprinkling with 1
                                   hour patrol.\1\

Open decks or enclosed            None required.....  None required.
 promenades.
------------------------------------------------------------------------
                             Service spaces
------------------------------------------------------------------------
Galleys.........................  None required \1\.  None required.\1\
Main pantries...................  None required \1\.  None required.\1\
Motion picture booths and film    Electric,           None required.\1\
 lockers.                          pneumatic, or
                                   automatic
                                   sprinkling 1 2.
Paint and lamp rooms............  Smoke detecting     Carbon dioxide \3\
                                   \2\.                system or carbon
                                                       dioxide-
                                                       alternative
                                                       system as
                                                       described in 46
                                                       CFR subpart
                                                       95.16.
Inaccessible baggage, mail, and   Smoke detecting     Carbon dioxide.\3\
 specie rooms and storerooms.      \2\.
Accessible baggage, mail, and     Electric,           None required.\1\
 specie rooms and storerooms.      pneumatic, or
                                   automatic
                                   sprinkling.
Refrigerated storerooms.........  None required.....  None required.
Carpenter, valet, photographic,   Electric,           None required.\1\
 and printing shops, sales         pneumatic, or
 rooms, etc.                       automatic
                                   sprinkling.
------------------------------------------------------------------------
                            Machinery spaces
------------------------------------------------------------------------
Coal fired boilers: Bunker and    None required.....  None required.\1\
 boiler space.
------------------------------------------------------------------------
Oil fired boilers: Spaces         None required.....  Carbon dioxide
 containing oil fired boilers                          system or carbon
 either main or auxiliary, their                       dioxide-
 fuel oil service pumps, and/or                        alternative
 such other fuel oil units as                          system as
 the heaters, strainers, valves,                       described in 46
 manifolds, etc., that are                             CFR subpart 95.16
 subject to the discharge                              or foam.\4\
 pressure of the fuel oil
 service pumps, together with
 adjacent spaces to which oil
 can drain.
Internal combustion or gas        None required.....  Carbon dioxide
 turbine propelling machinery                          system or carbon
 spaces.                                               dioxide-
                                                       alternative
                                                       system as
                                                       described in 46
                                                       CFR subpart
                                                       95.16.\5\
Electric propulsive motors or     None required.....  None required.
 generators of open type.
Enclosed ventilating systems for  None required.....  Carbon dioxide
 motors and generators of                              system or carbon
 electric propelling machinery.                        dioxide-
                                                       alternative
                                                       system as
                                                       described in 46
                                                       CFR subpart 95.16
                                                       (in ventilating
                                                       system).\7\
Auxiliary spaces, internal        None required.....  Carbon dioxide
 combustion, or gas turbine.                           system or carbon
                                                       dioxide-
                                                       alternative
                                                       system as
                                                       described in 46
                                                       CFR subpart
                                                       95.16.\7\
Auxiliary spaces, electric        None required.....  None required.
 motors, or generators.
Auxiliary spaces, steam.........  None required.....  None required.
Trunks to machinery spaces......  None required.....  None required.
Fuel tanks......................  None required.....  None required.\8\
------------------------------------------------------------------------
                              Cargo spaces
------------------------------------------------------------------------
Inaccessible during voyage        Smoke detecting...  Carbon dioxide.\3\
 (combustible cargo), including
 trunks (excluding tanks).
Accessible during voyage          Smoke detecting,    Automatic or
 (combustible cargo).              electric,           manual
                                   pneumatic or        sprinkling.
                                   automatic
                                   sprinkling.
Vehicular deck (except where no   None required.....  Manual sprinkling.
 overhead deck is 30 feet in
 length or less).
Cargo oil tanks.................  None required.....  Carbon dioxide or
                                                       foam.\3\
Specially suitable for vehicles.  Smoke detecting,    Carbon dioxide,
                                   electric,           automatic or
                                   pneumatic or        manual
                                   automatic           sprinkling.
                                   sprinkling.
------------------------------------------------------------------------
Notes to Table 76.05-1(a)
\1\ Vessels of 100 gross tons and over contracted for, on, or before May
  27, 1936, and having combustible joiner work must be fitted with an
  automatic sprinkling system, except in relatively incombustible
  spaces.
\2\ On vessels contracted for prior to November 19, 1952, electric or
  pneumatic detecting may be substituted.
\3\ On vessels contracted for prior to January 1, 1962, a steam
  smothering system may be accepted. However, although existing steam
  smothering systems may be repaired, replaced, or extended, no new
  system contracted for on or after January 1, 1962, will be permitted.
\4\ Protection of auxiliary boilers, fuel oil units, valves, and
  manifolds are not required on vessels contracted for prior to November
  19, 1952.
\5\ Not required on vessels less than 300 gross tons (except on an
  international voyage) using fuel with a flashpoint higher than
  110[deg] F., where the space is normally manned.
\6\ Not required on vessels contracted for prior to November 19, 1952.
\7\ Not required on vessels less than 300 gross tons nor on vessels
  contracted for prior to November 19, 1952, except when fuel, including
  starting fuel, has a flashpoint of 110 [deg]F. or less.
\8\ When fuel with a flashpoint of 110 [deg]F. or lower is used, the
  space containing the fuel tanks must be protected by a carbon dioxide
  system or carbon dioxide-alternative system as described in 46 CFR
  subpart 95.16.

     (b) The arrangements and details of the fire detecting systems
must meet the requirements in subparts 76.25 through 76.33 of this
part.
    26. Revise Sec.  76.10-5(h) to read as follows:

Sec.  76.10-5  Fire pumps.

* * * * *
    (h) If a vessel uses main or auxiliary oil fired boilers or
internal combustion propulsion machinery, when two fire pumps are
required, this equipment must be located in separate spaces and the
arrangement of pumps, sea connections, and sources of power must be
arranged to ensure that a fire in any one space will not put all of the
fire pumps out of operation. However, in vessels of less than 300 feet
in length, when it is shown to the satisfaction of the Commandant that
it is unreasonable or impracticable to meet this requirement due to the
size or arrangement of the vessel, or for other reasons, the
installation of a total flooding carbon dioxide or clean agent
extinguishing system may be accepted as an alternate method of
extinguishing any fire that affects the powering and operation of at
least one of the required fire pumps.
    27. Add a new Sec.  76.15-50 to read as follows:

Sec.  76.15-50  Lockout valves.

    (a) A lockout valve must be provided on any carbon dioxide
extinguishing system protecting a space over 6,000 cubic feet in volume
or a space 6,000 cubic feet or less in volume that does not have a
horizontal escape.
    (b) The lockout valve must be a manually operated valve located in
the discharge manifold prior to the stop valve or selector valves. When
in the closed position, the lockout valve must provide complete
isolation of the system from the protected space or spaces, making it
impossible for carbon dioxide to discharge in the event of equipment
failure during maintenance.
    (c) The lockout valve design or locking mechanism must make it
obvious whether the valve is open or closed.
    (d) A valve is considered a lockout valve if it has a hasp or other
means of attachment to which, or through which, a lock can be affixed,
or it has a locking mechanism built into it.
    (e) The lockout valve must be locked in the closed position
whenever maintenance is performed on the extinguishing system. The
master must ensure that the lockout valve is locked in the open
position when maintenance is complete and the system is returned to
operable condition.
    (f) Lockout valves added to existing systems must be included in
the system Type Approval or acceptable to the Marine Safety Center
    (g) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the lockout valve requirements of this section not later than
[DATE 5 YEARS AFTER EFFECTIVE DATE OF RULE].
    28. Add a new Sec.  76.15-60 to read as follows:

Sec.  76.15-60  Olfactory additives.

    (a) Each carbon dioxide extinguishing system must have an approved
odorizing unit to produce the scent of wintergreen, the detection of
which will serve as an indication that carbon dioxide gas is present in
a protected area and any other area into which the carbon dioxide may
migrate.
    (b) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the requirements of this section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].

PART 78---OPERATIONS

    29. The authority citation for Part 78 continues to read as
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department
of Homeland Security Delegation No. 0170.1.

    30. Revise Sec.  78.47-9 to read as follows:

Sec.  78.47-9  Carbon dioxide and clean agent alarms.

    Each carbon dioxide or clean agent fire extinguishing alarm must be
conspicuously marked: ``WHEN ALARM SOUNDS VACATE AT ONCE. CARBON
DIOXIDE OR CLEAN AGENT BEING RELEASED.''
    31. Add a new Sec.  78.47-11 to read as follows:

Sec.  78.47-11  Carbon dioxide olfactory warning signs.

    Each entrance to a space storing carbon dioxide cylinders, a space
protected by carbon dioxide systems, or any space into which carbon
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK-OUT SYSTEM WHEN
SERVICING.''
    (c) Spaces into which carbon dioxide might migrate--``CARBON
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED
VACATE IMMEDIATELY.''
    32. Revise Sec.  78.47-17 to read as follows:

Sec.  78.47-17  Fire extinguishing system controls.

    Each control cabinet or space containing valves or manifolds for a
fire extinguishing system must be distinctly marked in conspicuous red
letters at least 2 inches high: ``[CARBON DIOXIDE/STEAM/FOAM/WATER
SPRAY/MANUAL SPRINKLING/AUTOMATIC SPRINKLING/CLEAN AGENT--as
appropriate] FIRE SYSTEM.''

PART 91--INSPECTION AND CERTIFICATION

    33. The authority citation for Part 91 continues to read as
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; 46
U.S.C. Chapter 701; Executive Order 12234; 45 FR 58801; 3 CFR, 1980
Comp., p. 277; Executive Order 12777, 56 FR 54757, 3 CFR, 1991
Comp., p. 351; Department of Homeland Security Delegation No.
0170.1.

    34. Revise Sec.  91.20-20(b) to read as follows:

Sec.  91.20-20  Specific tests and inspections.

* * * * *
    (b) For installation of carbon dioxide fire extinguishing system
piping, see 46 CFR 95.15-15. For clean agent fire extinguishing piping,
see 46 CFR 95.16-15.
* * * * *
    35. In Sec.  91.25-20, revise the section heading and Table 91.25-
20(a)(2) to read as follows:

Sec.  91.25-20  Fire extinguishing equipment.

    (a) * * *
    (2) * * *

                          Table 91.25-20(a)(2)
------------------------------------------------------------------------
         Type system                              Test
------------------------------------------------------------------------
Foam.........................  Systems utilizing a soda solution must
                                have that solution replaced. In all
                                cases, ascertain that powder is not
                                caked.
Carbon dioxide...............  Weigh cylinders. Recharge cylinder if
                                weight loss exceeds 10% of weight of
                                charge. Test time delays, alarms, and
                                ventilation shutdowns with carbon
                                dioxide, nitrogen, or other nonflammable
                                gas as stated in the system
                                manufacturer's instruction manual.
                                Inspect hoses for damage or decay.
                                Ensure that nozzles are unobstructed.
                                Cylinders must be tested and marked, and
                                all flexible connections on fixed carbon
                                dioxide systems must be tested or
                                renewed, as required by 46 CFR 147.60
                                and 147.65.
Halon 1301 and halocarbon....  Recharge or replace if weight loss
                                exceeds 5% of weight of charge or if
                                cylinder has a pressure gauge, recharge
                                cylinder if pressure loss exceeds 10%,
                                adjusted for temperature. Test time
                                delays, alarms, and ventilation
                                shutdowns with carbon dioxide, nitrogen,
                                or other nonflammable gas as stated in
                                the system manufacturer's instruction
                                manual. Inspect hoses for damage or
                                decay. Ensure that nozzles are
                                unobstructed. Cylinders must be tested
                                and marked, and all flexible connections
                                to Halon 1301 and halocarbon cylinders
                                must be tested or renewed, as required
                                by 46 CFR 147.60 and 147.65 or 147.67.
                               NOTE: Halon 1301 system approvals have
                                expired, but existing systems may be
                                retained if they are in good and
                                serviceable condition to the
                                satisfaction of the Coast Guard
                                inspector.
Inert gas....................  Recharge or replace cylinder if cylinder
                                pressure loss exceeds 5% of specified
                                gauge pressure, adjusted for
                                temperature. Test time delays, alarms,
                                and ventilation shutdowns with carbon
                                dioxide, nitrogen, or other nonflammable
                                gas as stated in the system
                                manufacturer's instruction manual.
                                Ensure that nozzles are unobstructed.
                                Cylinders must be tested and marked, and
                                all flexible connections on fixed inert
                                extinguishers must be tested or renewed,
                                as required by 46 CFR 147.60 and 147.66.
Water mist...................  Maintain system in accordance with the
                                maintenance instructions in the system
                                manufacturer's design, installation,
                                operation, and maintenance manual.
------------------------------------------------------------------------

* * * * *
    36. Revise Sec.  91.55-5(d)(4) to read as follows:

Sec.  91.55-5  Plans and specifications required for new construction.

* * * * *
    (d) * * *
    (4) Details of extinguishing systems, including fire mains, carbon
dioxide, clean agent, foam, and sprinkling systems.
* * * * *

PART 95--FIRE PROTECTION EQUIPMENT

    37. The authority citation for Part 95 continues to read as
follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

    38. Revise Sec.  95.05-10(e)(3)(ii) to read as follows:

Sec.  95.05-10  Fixed fire extinguishing systems.

* * * * *
    (e) * * *
    (3) * * *
    (ii) On vessels of 1,000 gross tons and greater, a fixed carbon
dioxide or clean agent system as described in subpart 95.16 of this
part must be installed in any space that contains internal combustion
or gas turbine main propulsion machinery, or auxiliary machinery with
an aggregate power of 1,000 b.h.p. or greater, or the fuel oil units of
such machinery, including purifiers, valves, and manifolds.
* * * * *
    39. In Sec.  95.10-5(h), revise the second sentence to read as
follows:

Sec.  95.10-5  Fire pumps.

* * * * *
    (h) * * * However, when it is shown to the satisfaction of the
Commandant that it is unreasonable or impracticable to meet this
requirement due to the size or arrangement of the vessel, or for other
reasons, the installation of a total flooding carbon dioxide or clean
agent system may be accepted as an alternate method of extinguishing
any fire that could affect the powering and operation of at least one
of the required fire pumps.
    40. Revise Sec.  95.15-5(e)(2) to read as follows:

Sec.  95.15-5  Quantity, pipe sizes, and discharge rates.

* * * * *
    (e) * * *
    (2) The valves must be arranged so that the required quantity of
carbon dioxide is discharged into any ``tight'' space. The discharge of
two thirds of the required quantity of carbon dioxide must be completed
within 10 minutes. Any faster discharge rate is also acceptable.
* * * * *
    41. Revise Sec.  95.15-30 to read as follows:

Sec.  95.15-30  Alarms.

    (a) A protected space must be fitted with an approved audible alarm
if:
    (1) The space is normally accessible to persons onboard while the
vessel is being navigated; and
    (2) Is not a paint locker or similar small space.
    (b) The alarm must:
    (1) Sound automatically and audibly for at least 20 seconds before
carbon dioxide is discharged into the space;
    (2) Be conspicuously and centrally located and be marked as
required by 46 CFR 97.37-9; and
    (3) Use stored gas power provided by the extinguishing agent, gas
from pilot cylinders, or gas from cylinders specifically provided to
power the alarms.
    (c) For systems installed on or after July 1, 1957, alarms are
mandatory only for systems required to be fitted with a delayed
discharge.
    42. Add a new Sec.  95.15-50 to read as follows:

Sec.  95.15-50  Lockout valves.

    (a) A lockout valve must be provided on any carbon dioxide
extinguishing system protecting a space over 6,000 cubic feet in volume
or a space 6,000 cubic feet or less in volume that does not have a
horizontal escape.
    (b) The lockout valve must be a manually operated valve located in
the discharge manifold prior to the stop valve or selector valves. When
in the closed position, the lockout valve must provide complete
isolation of the system from the protected space or spaces, making it
impossible for carbon dioxide to discharge in the event of equipment
failure during maintenance.
    (c) The lockout valve design or locking mechanism must make it
obvious whether the valve is open or closed.

    (d) A valve is considered a lockout valve if it has a hasp or other
means of attachment to which, or through which, a lock can be affixed,
or it has a locking mechanism built into it.
    (e) The lockout valve must be locked in the closed position
whenever maintenance is performed on the extinguishing system. The
master must ensure that the lockout valve is locked in the open
position when maintenance is complete and the system is returned to
operable condition.
    (f) Lockout valves added to existing systems must be approved by
the Commandant for use in the system.
    (g) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the lockout valve requirements of this section not later than
[DATE 5 YEARS AFTER EFFECTIVE DATE OF RULE].
    43. Add a new Sec.  95.15-60 to read as follows:

Sec.  95.15-60  Olfactory warnings.

    (a) Each carbon dioxide extinguishing system must have an approved
odorizing unit to produce the scent of wintergreen, the detection of
which will serve as an indication that carbon dioxide gas is present in
a protected area and any other area into which the carbon dioxide may
migrate.
    (b) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the requirements of this section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
    44. Add a new subpart 95.16 to read as follows:
Subpart 95.16--Fixed Clean Agent Gas Extinguishing Systems, Details
Sec.
95.16-1 Application.
95.16-5 Controls.
95.16-10 Piping, fittings, valves, nozzles.
95.16-15 Extinguishing agent: quantity.
95.16-20 Extinguishing agent: cylinder storage.
95.16-25 Manifold and cylinder arrangements.
95.16-30 Enclosure openings.
95.16-35 Pressure relief.
95.16-40 Locked spaces.
95.16-45 Discharge delays and alarms.
95.16-50 Instructions.
95.16-60 System piping installation testing.
95.16-90 Installations contracted for prior to [EFFECTIVE DATE OF
THIS RULE].

Subpart 95.16--Fixed Clean Agent Gas Extinguishing Systems, Details

Sec.  95.16-1  Application.

    (a) ``Clean agent'' means a halocarbon or inert gas used as a fire
extinguishing agent.
    (b) A clean agent extinguishing system must comply with this part.
Systems contracted for prior to [THE EFFECTIVE DATE OF THIS RULE] may,
as an alternative, comply with 46 CFR 95.16-90.
    (c) Each clean agent system must:
    (1) Be of a total flooding type to protect against Class B and
Class C hazards as defined in 46 CFR 95.50-5;
    (2) Address and minimize any hazard to personnel created by the
effects of extinguishing agent decomposition products and combustion
products, especially the effects of decomposition product hydrogen
fluoride (HF), if applicable;
    (3) Be accompanied by an approved manufacturer's design,
installation, operation, and maintenance manual that provides safety
and remedial instructions;
    (4) Be used only to protect enclosed spaces;
    (5) Not employ electric power for system actuation, controls, or
alarms; and
    (6) Not use any source of power for alarms in protected spaces,
other than the extinguishing agent, gas from pilot cylinders, or gas
from cylinders specifically provided to power the alarms.

Sec.  95.16-5  Controls.

    (a) At least one releasing station must be installed near the main
entrance/exit to the protected space.
    (b) System controls must be of an approved type and be suitably
protected from damage and located outside the protected space.
    (c) Systems must have releasing stations consisting of one control
to operate the stop valve to the protected space and a second control
to release at least the required amount of agent. These two controls
must be located in a box or other enclosure clearly identified for the
particular space.
    (d) Systems protecting a single space not exceeding 6,000 cubic
feet in gross volume may be installed without a stop valve if a
suitable horizontal means of escape from the space exists.
    (e) Controls may not be located in any space that could be cut off
from the operator in the event of fire in the protected space.
    (f) Where the extinguishing agent can be released by remote
control, the system must have a manual local control at the cylinders.
    (g) A pneumatic releasing control must have a local mechanical
manual override feature.
    (h) Automatic discharge arrangements may be used for spaces having
a volume less than 6,000 cubic feet. However, automatic discharge is
required for spaces having a volume less than 6,000 cubic feet where
the agent is stored in the protected space, as allowed by 46 CFR 95.16-
20.
    (i) A system designed to use gas pressure from one or more agent
storage cylinders and provide pilot pressure to actuate the release of
extinguishing agent from other storage cylinders that contains three or
more total storage cylinders must be equipped with at least two
designated pilot cylinders, each of which is capable of manual control
at the pilot cylinder.

Sec.  95.16-10  Piping, fittings, valves, nozzles.

    (a) Piping, fittings, and valves must be:
    (1) In accordance with the manufacturer's approved design,
installation, operation, and maintenance manual;
    (2) Securely supported and when necessary protected against damage;
    (3) Protected inside and out against corrosion; and
    (4) Equipped with:
    (i) Dead end lines (dirt traps) that extend at least 2 inches
beyond the last nozzle of each distribution line and that are closed
with a cap or plug; and
    (ii) Drains and dirt traps, fitted where necessary to prevent dirt
or moisture accumulation and located in accessible locations where
possible.
    (b) Piping requirements. Piping must be:
    (1) Used exclusively for extinguishing system purposes;
    (2) Protected by a pressure relief valve or equivalent in sections
where gas pressure can be trapped between closed valves; and
    (3) Welded if it passes through living quarters.
    (c) Piping prohibitions. Piping must not:
    (1) Use rolled groove or cut groove ends; or
    (2) Be fitted with drains or other openings if it passes through
living quarters.
    (d) Valve requirements. Valves for system operation must be:
    (1) Outside the protected space, and
    (2) Marked, if serving a branch line, to indicate the space the
branch line serves.
    (e) Valve prohibitions. Valves may not be located in any space that
could be cut off from the operator in the event of fire in the
protected space.

Sec.  95.16-15  Extinguishing agent: quantity.

    A separate supply need not be provided for each space protected,
but the total available supply must be at least sufficient for the
space requiring the greatest amount.

Sec.  95.16-20  Extinguishing agent: cylinder storage.

    (a) Unless installed as required in paragraph (b) of this section,
the agent must be stored outside of the protected space. Common
bulkheads and decks located between the cylinder storage room and the
protected spaces must meet the insulation criteria for Class A-60, as
defined in 46 CFR 72.05-10.
    (b) The cylinders may be stored inside the protected space, if:
    (1) The space does not exceed 6,000 cubic feet gross volume; and
    (2) The system can be automatically operated by a pneumatic heat
actuator as well as a remote manual control.
    (c) The cylinder storage space must be properly ventilated and
designed to preclude an anticipated ambient temperature in excess of
130[deg] Fahrenheit.
    (d) The cylinders must be securely fastened and supported as
directed in the manufacturer's approved design, installation,
operation, and maintenance manual, and where necessary protected
against damage.
    (e) The cylinders must be mounted so they are readily accessible
and capable of easy removal for recharging and inspection and for
weighing in the case of halocarbon system cylinders.
    (f) The cylinders must be installed to provide a space of at least
2 inches between the deck and the bottom of the cylinders.
    (g) The cylinders must be mounted upright, unless otherwise
specified in the instruction manual.
    (h) All cylinder storage room doors must open outward.

Sec.  95.16-25  Manifold and cylinder arrangements.

    (a) A check valve must be provided between each cylinder and
manifold or distribution piping. The valve must be permanently marked
to indicate the direction of flow.
    (b) If the same cylinder is used to protect more than one space,
normally, closed stop valves must be provided to direct the agent into
each protected space.
    (c) Each cylinder must be fabricated, tested, and marked in
accordance with 46 CFR 147.60(b) and 49 CFR Part 180.
    (d) The cylinders in a common manifold must be:
    (1) Of the same size;
    (2) Filled with the same amount of agent; and
    (3) Pressurized to the same working pressure.

Sec.  95.16-30  Enclosure openings.

    (a) If mechanical ventilation is provided for in a protected space,
the ventilation system must automatically shut down prior to discharge
of the system to that space.
    (b) If natural ventilation is provided for in a space protected by
a clean agent extinguishing system, the ventilation must be capable of
being easily and effectively closed off.
    (c) All other openings to a protected space must be capable of
being closed. Doors, shutters, or dampers must be installed for
openings in the lower portion of the space. Openings in the upper
portion of the space must be capable of being closed off either by
permanently installed means or by the use of canvas or other material
normally carried on the vessel.

Sec.  95.16-35  Pressure relief.

    Tight compartments like refrigeration spaces and paint lockers must
have a way to relieve the accumulation of excessive pressure within the
compartment when the extinguishing agent is injected.

Sec.  95.16-40  Locked spaces.

    If a space or enclosure containing extinguishing agent supply or
controls is lockable, a key to the space or enclosure must be in a
break glass type box conspicuously located adjacent to the opening.

Sec.  95.16-45  Discharge delays and alarms.

    (a) Each system protecting a space with greater than 6,000 cubic
feet gross volume or a space less than 6,000 cubic feet gross volume
without a suitable horizontal escape route must have a pneumatic pre-
discharge alarm and time delay.
    (1) The time delay period must:
    (i) Last at least 20 seconds;
    (ii) Be approved by the Officer in Charge, Marine Inspection during
system installation; and
    (iii) Provide enough time for one person to walk from the farthest
area of the protected space to the primary exit.
    (2) The time delay device must be pneumatically operated and have
an accuracy of -0/+20% of the rated time delay period throughout the
operating temperature range and range of delay settings.
    (b) The pre-discharge alarm must:
    (1) Sound for the duration of the time delay;
    (2) Be conspicuously and centrally located and marked as required
by 46 CFR 97.37-9;
    (3) Depend on the extinguishing agent, gas from a pilot cylinder,
or a nitrogen cylinder specifically provided to power the alarm for its
source of power; and
    (4) Be audible over running machinery.

Sec.  95.16-50  Instructions.

    (a) Simple, complete operating instructions must be conspicuously
located at or near any release station and in the extinguishing agent
cylinder storage room.
    (b) On a system in which extinguishing agent cylinders are stored
outside the protected space, operating instructions must also:
    (1) Include a schematic diagram of the system; and
    (2) Describe alternate methods of discharging the extinguishing
agent into protected spaces should the manual releases or stop valve
controls fail to operate.

Sec.  95.16-60  System piping installation testing.

    (a) Halocarbon systems. A pressure test using the extinguishing
agent, air or inert gas, must be conducted on halocarbon system
discharge piping on completion of piping installation and before
extinguishing agent cylinders are connected.
    (1) Except as otherwise specified in this section:
    (i) Piping from the cylinders to the stop valves or selector valves
must be subjected to a pressure of 1\1/2\ times the cylinder charging
pressure at 70[deg] Fahrenheit; and
    (ii) The leakage during a 2-minute period must not exceed a
pressure drop of 10 percent.
    (2) Individual branch lines to a protected space must be tested as
described in paragraph (a)(1) of this section, except that:
    (i) The pressure must be 150 pounds per square inch; and
    (ii) Distribution piping must be capped within the protected space
at the first joint upstream of the nozzles.
    (3) Pneumatic actuation piping must be tested as described in
paragraph (a)(1) of this section.
    (b) Inert gas systems. A pressure test using air or inert gas must
be conducted on each inert gas system's piping on completion of piping
installation and before extinguishing agent cylinders are connected.
    (1) Except as otherwise specified in this section:
    (i) Piping from the cylinders to the stop valves or selector valves
must be subjected to a pressure of 1,000 pounds per square inch at
70[deg] Fahrenheit; and
    (ii) The leakage during a 2-minute period must not exceed a
pressure drop of 10 percent.
    (2) Individual branch lines to a protected space must be tested as
described in paragraph (b)(1) of this section, except that:
    (i) The pressure must be 600 pounds per square inch; and

    (ii) Distribution piping must be capped within the protected space
at the first joint upstream of the nozzles.
    (3) Pneumatic actuation piping must be tested as described in
paragraph (b)(1) of this section.
    (c) Small independent systems. In lieu of test requirements in
paragraphs (a) or (b) of this section, a small independent halocarbon
or inert gas system, like those found in emergency generator rooms and
paint lockers, may be tested by blowing out the piping with air
pressure of at least 100 pounds per square inch, if:
    (1) There are no valves in the system discharge piping; and
    (2) There is not more than one change in direction between the
agent container and the discharge nozzle.

Sec.  95.16-90  Installations contracted for prior to [EFFECTIVE DATE
OF THIS RULE].

    Installations contracted for prior to [EFFECTIVE DATE OF THIS RULE]
must meet the requirements of this subpart unless previously approved
existing arrangements, materials, and facilities are:
    (a) Maintained in good condition to the satisfaction of the Officer
in Charge, Marine Inspection; and
    (b) Subjected to no more than minor repairs or alterations
implemented to the same standards as the original installation.

PART 97--OPERATIONS

    45. The authority citation for Part 97 continues to read as
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 Comp., p. 351; Department
of Homeland Security Delegation No. 0170.1.

    46. Revise Sec.  97.37-9 to read as follows:

Sec.  97.37-9  Carbon dioxide and clean agent alarms.

    Each carbon dioxide or clean agent fire extinguishing alarm must be
conspicuously marked: ``WHEN ALARM SOUNDS VACATE AT ONCE. CARBON
DIOXIDE OR CLEAN AGENT BEING RELEASED.''
    47. Add a new Sec.  97.37-11 to read as follows:

Sec.  97.37-11  Carbon dioxide warnings.

    Each entrance to a space storing carbon dioxide cylinders, a space
protected by carbon dioxide systems, or any space into which carbon
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK[dash]OUT SYSTEM WHEN
SERVICING.''
    (c) Spaces into which carbon dioxide might migrate--``CARBON
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED
VACATE IMMEDIATELY.''
    48. Revise Sec.  97.37-13 to read as follows:

Sec.  97.37-13  Fire extinguishing system controls.

    The control cabinets or spaces containing valves or manifolds for
the various fire extinguishing systems must be distinctly marked in
conspicuous red letters at least 2 inches high: ``[STEAM/CARBON
DIOXIDE/CLEAN AGENT/FOAM/WATER SPRAY--as appropriate] FIRE APPARATUS.''

PART 107---INSPECTION AND CERTIFICATION

    49. The authority citation for Part 107 continues to read as
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307; 46 U.S.C. 3316;
Department of Homeland Security Delegation No. 0170.1; Sec.  107.05
also issued under the authority of 44 U.S.C. 3507.

    50. Add Sec.  107.231(w) to read as follows:

Sec.  107.231  Inspection for certification.

* * * * *
    (w) Piping for each halocarbon and inert gas extinguishing system
must be tested in accordance with 46 CFR 95.16-60.
* * * * *
    51. In Sec.  107.235, revise paragraph (b) and add paragraph (c) to
read as set out below, and remove the note at the end of the section.

Sec.  107.235  Servicing of hand portable fire extinguishers, semi-
portable fire extinguishers and fixed fire-extinguishing systems.

* * * * *
    (b) Each fixed fire extinguishing system must be examined for
excessive corrosion and general condition and checked and serviced as
indicated, depending on the extinguishing agent used by the system.
    (1) Carbon dioxide: Weigh cylinders. Recharge cylinder if weight
loss exceeds 10% of weight of charge. Test time delays, alarms, and
ventilation shutdowns with carbon dioxide, nitrogen, or other
nonflammable gas as stated in the system manufacturer's instruction
manual. Inspect hoses for damage or decay. Ensure that nozzles are
unobstructed. Cylinders must be tested and marked, and all flexible
connections on fixed carbon dioxide systems must be tested or renewed,
as required by 46 CFR 147.60 and 147.65.
    (2) Halon 1301 or Halocarbon: Recharge or replace if weight loss
exceeds 5% of weight of charge or, if cylinder has a pressure gauge,
recharge cylinder if pressure loss exceeds 10%, adjusted for
temperature. Test time delays, alarms, and ventilation shutdowns with
carbon dioxide, nitrogen, or other nonflammable gas as stated in the
system manufacturer's instruction manual. Inspect hoses for damage or
decay. Ensure that nozzles are unobstructed. Cylinders must be tested
and marked, and all flexible Halon 1301 and halocarbon cylinders must
be tested or renewed as required by 46 CFR 147.60 and 147.65 or 147.67.
Note that Halon 1301 system approvals have expired, but that existing
systems may be retained if they are in good and serviceable condition
to the satisfaction of the Coast Guard inspector.
    (3) Inert gas: Recharge or replace cylinder if cylinder pressure
loss exceeds 5% of specified gauge pressure, adjusted for temperature.
Test time delays, alarms, and ventilation shutdowns with carbon
dioxide, nitrogen, or other nonflammable gas as stated in the system
manufacturer's instruction manual. Inspect hoses for damage or decay.
Ensure that nozzles are unobstructed. Cylinders must be tested and
marked, and all flexible connections on fixed inert extinguishers must
be tested or renewed as required by 46 CFR 147.60 and 147.66.
    (4) Foam, except premix systems: Discharge foam for approximately
15 seconds from a nozzle designated by the marine inspector, by:
    (i) Discharging water from all other lines and nozzles; and
    (ii) Submitting a sample of the foam liquid to the manufacturer or
its authorized representative for determination of specific gravity,
pH, percentage of water dilution, and solid content and for
certification as a suitable firefighting foam.
    (5) Premix aqueous film forming foam: Remove the pressure cartridge
and replace the cartridge if the seal is

punctured, sampling the premix solution in accordance with the
manufacturer's instructions, and replacing any cylinders that are
discharged.
    (c) Fire extinguishing equipment must be tested and marked as
indicated, depending on the extinguishing agent used by the system --
    (1) Carbon dioxide and Halon 1301, semi-portable systems: Cylinders
and discharge hoses in accordance with 46 CFR 147.60 and 147.65; or
    (2) Halocarbon and inert gas: Cylinders and flexible connectors in
accordance with 46 CFR 147.66 and 147.67.

PART 108--DESIGN AND EQUIPMENT

    52. The authority citation for Part 108 continues to read as
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; Department of
Homeland Security Delegation No. 0170.1.

    53. Add new Sec.  108.444 to read as follows:

Sec.  108.444  Lockout valves.

    (a) A lockout valve must be provided on any carbon dioxide
extinguishing system protecting a space over 6,000 cubic feet in volume
or a space 6,000 cubic feet or less in volume that does not have a
horizontal escape.
    (b) The lockout valve must be a manually operated valve located in
the discharge manifold prior to the stop valve or selector valves. When
in the closed position, the lockout valve must provide complete
isolation of the system from the protected space or spaces, making it
impossible for carbon dioxide to discharge in the event of equipment
failure during maintenance.
    (c) The lockout valve design or locking mechanism must make it
obvious whether the valve is open or closed.
    (d) A valve is considered a lockout valve if it has a hasp or other
means of attachment to which, or through which, a lock can be affixed,
or it has a locking mechanism built into it.
    (e) The lockout valve must be locked in the closed position
whenever maintenance is performed on the extinguishing system. The
master must ensure that the lockout valve is locked in the open
position when maintenance is complete and the system is returned to
operable condition.
    (f) Lockout valves added to existing systems must be approved by
the Commandant for use in the system.
    (g) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the lockout valve requirements of this section not later than
[DATE 5 YEARS AFTER EFFECTIVE DATE OF RULE].
    54. Add a new Sec.  108.446 to read as follows:

Sec.  108.446  Olfactory additives.

    (a) Each carbon dioxide extinguishing system must have an approved
odorizing unit to produce the scent of wintergreen, the detection of
which will serve as an indication that carbon dioxide gas is present in
a protected area and any other area into which the carbon dioxide may
migrate.
    (b) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the requirements of this section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].
    55. Add a new Sec.  108.626 to read as follows:

Sec.  108.626  Carbon dioxide olfactory warning signs.

    Each entrance to a space storing carbon dioxide cylinders, a space
protected by carbon dioxide systems, or any space into which carbon
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK[dash]OUT SYSTEM WHEN
SERVICING.''
    (c) Spaces into which carbon dioxide might migrate--``CARBON
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED
VACATE IMMEDIATELY.''
    56. Revise the section heading to Sec.  108.627 to read as follows:

Sec.  108.627  Carbon dioxide and clean agent alarms.

* * * * *
    57. Revise Sec.  108.631(a) to read as follows:

Sec.  108.631  Fixed fire extinguishing system controls.

    (a) Each cabinet or space that contains a valve, control, or
manifold of a fixed fire extinguishing system must be marked in
conspicuous red letters at least 2 inches high: ``[CARBON DIOXIDE/CLEAN
AGENT/FOAM/WATER SPRAY--as appropriate] FIRE APPARATUS.''
* * * * *

PART 112--EMERGENCY LIGHTING AND POWER SYSTEMS

    58. The authority citation for Part 112 continues to read as
follows:

    Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security
Delegation No. 0170.1.

    59. Revise Sec.  112.15-5(v) to read as follows:

Sec.  112.15-5  Final emergency loads.

* * * * *
    (v) Each smoke extraction fan, not including smoke detector
sampling, and carbon dioxide or clean agent exhaust fans for spaces.

PART 115--INSPECTION AND CERTIFICATION

    60. The authority citation for Part 115 continues to read as
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.1

    61. In Sec.  115.810, revise Table 115.810(b) to read as follows:

Sec.  115.810  Fire protection.

* * * * *
    (b) * * *

   Table 115.810(b)--Semiportable and Fixed Fire Extinguishing Systems
------------------------------------------------------------------------
         Type system                              Test
------------------------------------------------------------------------
Carbon dioxide...............  Weigh cylinders. Recharge cylinder if
                                weight loss exceeds 10% of weight of
                                charge. Test time delays, alarms, and
                                ventilation shutdowns with carbon
                                dioxide, nitrogen, or other nonflammable
                                gas as stated in the system
                                manufacturer's instruction manual.
                                Inspect hoses for damage or decay.
                                Ensure that nozzles are unobstructed.
                                Cylinders must be tested and marked, and
                                all flexible connections on fixed carbon
                                dioxide systems must be tested or
                                renewed, as required by 46 CFR 147.60
                                and 147.65.

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

* * * * *

PART 118--FIRE PROTECTION EQUIPMENT

    62. The authority citation for Part 118 continues to read as
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

    63. In Sec.  118.410, add new paragraphs (f)(7) through (f)(13) and
add new paragraph (h) to read as follows:

Sec.  118.410  Fixed gas fire extinguishing systems.

* * * * *
    (f) * * *
    (7) A lockout valve must be provided on any carbon dioxide
extinguishing system protecting a space over 6,000 cubic feet in volume
or a space 6,000 cubic feet or less in volume that does not have a
horizontal escape.
    (8) The lockout valve must be a manually operated valve located in
the discharge manifold prior to the stop valve or selector valves. When
in the closed position, the lockout valve must provide complete
isolation of the system from the protected space or spaces, making it
impossible for carbon dioxide to discharge in the event of equipment
failure during maintenance.
    (9) The lockout valve design or locking mechanism must make it
obvious whether the valve is open or closed.
    (10) A valve is considered a lockout valve if it has a hasp or
other means of attachment to which, or through which, a lock can be
affixed, or it has a locking mechanism built into it.
    (11) The lockout valve must be locked in the closed position
whenever maintenance is performed on the extinguishing system. The
master must ensure that the lockout valve is locked in the open
position when maintenance is complete and the system is returned to
operable condition.
    (12) Lockout valves added to existing systems must be approved by
the Commandant for use in the system.
    (13) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the lockout valve requirements of this section not later than
[DATE 5 YEARS AFTER EFFECTIVE DATE OF RULE].
* * * * *
    (h) Olfactory additives. (1) Each carbon dioxide extinguishing
system must have an approved odorizing unit to produce the scent of
wintergreen, the detection of which will serve as an indication that
carbon dioxide gas is present in a protected area and any other area
into which the carbon dioxide may migrate.
    (2) Vessels in operation on [EFFECTIVE DATE OF RULE] must comply
with the requirements of this section not later than [DATE 5 YEARS
AFTER EFFECTIVE DATE OF RULE].

PART 119--MACHINERY INSTALLATION

    64. The authority citation for Part 119 continues to read as
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.

    65. Revise Sec.  119.710(a)(3) to read as follows:

Sec.  119.710  Piping for vital systems.

    (a) * * *
    (3) Carbon dioxide, Halon 1301, and clean agent systems;
* * * * *

PART 122--OPERATIONS

    66. The authority citation for Part 122 continues to read as
follows:

    Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.

    67. In Sec.  122.612, add new paragraph (i) to read as follows:

Sec.  122.612  Fire protection equipment.

* * * * *
    (i) Carbon dioxide olfactory warning signs. Each entrance to a
space storing carbon dioxide cylinders, a space protected by carbon
dioxide systems, or any space into which carbon dioxide might migrate
must be conspicuously marked as follows:
    (1) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''

    (2) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK[dash]OUT SYSTEM WHEN
SERVICING.''
    (3) Spaces into which carbon dioxide might migrate--``CARBON
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED
VACATE IMMEDIATELY.''

PART 131--OPERATIONS

    68. The authority citation for Part 131 continues to read as
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 10104; E.O.
12234, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 3 CFR, 1991 Comp., p.
351; Department of Homeland Security Delegation No. 0170.1.

    69. Revise Sec.  131.815 to read as follows:

Sec.  131.815  Carbon dioxide and clean agent alarms.

    Each carbon dioxide or clean agent fire extinguishing alarm must be
conspicuously marked: ``WHEN ALARM SOUNDS VACATE AT ONCE. CARBON
DIOXIDE OR CLEAN AGENT BEING RELEASED.''
    70. Add a new Sec.  131.817 to read as follows:

Sec.  131.817  Carbon dioxide olfactory warning signs.

    Each entrance to a space storing carbon dioxide cylinders, a space
protected by carbon dioxide systems, or any space into which carbon
dioxide might migrate must be conspicuously marked as follows:
    (a) Spaces storing carbon dioxide--``CARBON DIOXIDE GAS CAN CAUSE
INJURY OR DEATH. VENTILATE THE AREA BEFORE ENTERING. A HIGH
CONCENTRATION CAN OCCUR IN THIS AREA AND CAN CAUSE SUFFOCATION.''
    (b) Spaces protected by carbon dioxide--``CARBON DIOXIDE GAS CAN
CAUSE INJURY OR DEATH. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS
DETECTED, DO NOT ENTER UNTIL VENTILATED. LOCK-OUT SYSTEM WHEN
SERVICING.''
    (c) Spaces into which carbon dioxide might migrate--``CARBON
DIOXIDE GAS CAN CAUSE INJURY OR DEATH. DISCHARGE INTO NEARBY SPACE CAN
COLLECT HERE. WHEN ALARM OPERATES OR WINTERGREEN SCENT IS DETECTED
VACATE IMMEDIATELY.''