[Federal Register Volume 79, Number 10 (Wednesday, January 15, 2014)]
[Notices]
[Pages 2653-2654]
[FR Doc No: 2014-00539]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR14-15-000]

BKEP Pipeline, L.L.C.; Notice of Petition for Waiver

    Take notice that on December 17, 2013, BKEP Pipeline, L.L.C. (BKEP)
filed a request for temporary waiver of the tariff filing and reporting
requirements of section 6 and section 20 of the Interstate Commerce Act
(ICA).
    Any person desiring to intervene or to protest in this proceeding
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Anyone filing a motion to intervene or protest must
serve a copy of that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceeding are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or

call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern time on January 21, 2014.

    Dated: January 8, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-00539 Filed 1-14-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Proposed Rules]
[Pages 66625-66627]
[FR Doc No: 2022-23460]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1401; Project Identifier AD-2022-01017-E]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain General Electric Company (GE) CF6-80E1A2, CF6-80E1A3, CF6-
80E1A4, and CF6-80E1A4/B model turbofan engines. This proposed AD was
prompted by a manufacturer investigation that revealed that certain
compressor discharge pressure seals (CDP seals) and forward outer seals
were manufactured from powder metal material suspected to contain iron
inclusion. This proposed AD would require the replacement of the
affected CDP seals and forward outer seals. The FAA is proposing this
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December
19, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR

11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2022-1401; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Alexei Marqueen, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1401; Project Identifier
AD-2022-01017-E'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Alexei Marqueen, Aviation Safety Engineer, ECO Branch, FAA, 1200
District Avenue, Burlington, MA 01803. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    The FAA was notified by the manufacturer of the detection of iron
inclusion in a turbine disk manufactured from the same powder metal
material used to manufacture certain CDP seals and forward outer seals
for GE CF6-80E1A2, CF6-80E1A3, CF6-80E1A4, and CF6-80E1A4/B model
turbofan engines. Further investigation by the manufacturer determined
that the iron inclusion is attributed to deficiencies in the
manufacturing process. The investigation by the manufacturer also
determined that certain CF6-80E1A2, CF6-80E1A3, CF6-80E1A4, and CF6-
80E1A4/B CDP seals and forward outer seals made from billets
manufactured using the same process may have reduced material
properties and a lower fatigue life capability due to iron inclusion,
which may cause premature fracture and uncontained failure. As a result
of its investigation, the manufacturer published service information
that specifies procedures for the removal and replacement of certain
CDP seals and forward outer seals installed on CF6-80E1A2, CF6-80E1A3,
CF6-80E1A4, and CF6-80E1A4/B model turbofan engines. This condition, if
not addressed, could result in uncontained debris release, damage to
the engine, and damage to the aircraft.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information

    The FAA reviewed GE CF6-80E1 Service Bulletin (SB) 72-0597 R00,
dated August 5, 2022. This service information specifies procedures for
removing the CDP seal and forward outer seal from service.

Proposed AD Requirements in This NPRM

    This proposed AD would require the removal of certain CDP seals and
forward outer seals from service and replacement with parts eligible
for installation.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 0 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Replace CDP seal..................  8 work-hours x $85     $154,768 (prorated)..        $155,448              $0
                                     per hour = $680.
Replace forward outer seal........  8 work-hours x $85     1,289,792 (prorated).       1,290,472               0
                                     per hour = $680.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in

Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:
    General Electric Company: Docket No. FAA-2022-1401; Project
Identifier AD-2022-01017-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 19, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company CF6-80E1A2, CF6-
80E1A3, CF6-80E1A4, CF6-80E1A4/B model turbofan engines with an
installed:
    (1) Compressor discharge pressure seal (CDP seal) with part
number (P/N) 1669M73P02 and serial number (S/N) TMT1C0E1 or
TMT1C0E2; or
    (2) Forward outer seal with P/N 1778M70P03 and S/N NCU65340.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine
Compressor Section; 7250, Turbine Section.

(e) Unsafe Condition

    This AD was prompted by a manufacturer investigation that
revealed that certain CDP seals and forward outer seals were
manufactured from powder metal material suspected to contain iron
inclusion. The FAA is issuing this AD to prevent fracture and
uncontained failure of certain CDP seals and forward outer seals.
The unsafe condition, if not addressed, could result in uncontained
debris release, damage to the engine, and damage to the aircraft.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) At the next piece-part exposure after the effective date of
this AD or before the affected CDP seal exceeds 6,400 cycles since
new (CSN), whichever occurs first, remove the affected CDP seal from
service and replace with a part eligible for installation.
    (2) At the next piece-part exposure after the effective date of
this AD or before the affected forward outer seal exceeds 5,400 CSN,
whichever occurs first, remove the affected forward outer seal from
service and replace with a part eligible for installation.

(h) Definitions

    (1) For the purpose of this AD, a ``part eligible for
installation'' is a CDP seal that does not have P/N 1669M73P02 and
S/N TMT1C0E1 or S/N TMT1C0E2, and a forward outer seal that does not
have P/N 1778M70P03 and S/N NCU65340.
    (2) For the purpose of this AD, ``piece-part exposure'' is when
the affected part is removed from the engine.

(i) Installation Prohibition

    After the effective date of this AD, do not install a CDP seal
with P/N 1669M73P02 and S/N TMT1C0E1 or S/N TMT1C0E2, or a forward
outer seal with P/N 1778M70P03 and S/N NCU65340, onto any engine.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (k) of this AD and email to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Alexei Marqueen,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; email:
[email protected].

(l) Material Incorporated by Reference

    None.

    Issued on October 24, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-23460 Filed 11-3-22; 8:45 am]
BILLING CODE 4910-13-P


IAW 3309(c).
46 U.S.C. 3318(j)(1)..............................  Vessel Inspection; Vessel >=1600 Gross Tons.          22,587
46 U.S.C. 3318(j)(1)..............................  Vessel Inspection; Vessel <1600 Gross Tons..           4,517
46 U.S.C. 3318(k).................................  Vessel Inspection; Failure to Comply with             22,587
                                                     3311(b).
46 U.S.C. 3318(l).................................  Vessel Inspection; Violation of 3318(b)-              11,293
                                                     3318(f).
46 U.S.C. 3502(e).................................  List/Count of Passengers....................             235
46 U.S.C. 3504(c).................................  Notification to Passengers..................          23,548
46 U.S.C. 3504(c).................................  Notification to Passengers; Sale of Tickets.           1,177
46 U.S.C. 3506....................................  Copies of Laws on Passenger Vessels; Master.             471
46 U.S.C. 3718(a)(1)..............................  Liquid Bulk/Dangerous Cargo.................          58,871
46 U.S.C. 4106....................................  Uninspected Vessels.........................           9,893
46 U.S.C. 4311(b)(1)..............................  Recreational Vessels (maximum for related            311,470
                                                     series of violations).
46 U.S.C. 4311(b)(1)..............................  Recreational Vessels; Violation of 4307(a)..           6,229
46 U.S.C. 4311(c).................................  Recreational Vessels........................           2,355
46 U.S.C. 4507....................................  Uninspected Commercial Fishing Industry                9,893
                                                     Vessels.
46 U.S.C. 4703....................................  Abandonment of Barges.......................           1,677
46 U.S.C. 5116(a).................................  Load Lines..................................          10,781
46 U.S.C. 5116(b).................................  Load Lines; Violation of 5112(a)............          21,563
46 U.S.C. 5116(c).................................  Load Lines; Violation of 5112(b)............          10,781
46 U.S.C. 6103(a).................................  Reporting Marine Casualties.................          37,561
46 U.S.C. 6103(b).................................  Reporting Marine Casualties; Violation of              9,893
                                                     6104.
46 U.S.C. 8101(e).................................  Manning of Inspected Vessels; Failure to               1,782
                                                     Report Deficiency in Vessel Complement.
46 U.S.C. 8101(f).................................  Manning of Inspected Vessels................          17,816
46 U.S.C. 8101(g).................................  Manning of Inspected Vessels; Employing or            17,816
                                                     Serving in Capacity not Licensed by USCG.
46 U.S.C. 8101(h).................................  Manning of Inspected Vessels; Freight Vessel           2,355
                                                     <100 GT, Small Passenger Vessel, or Sailing
                                                     School Vessel.
46 U.S.C. 8102(a).................................  Watchmen on Passenger Vessels...............           2,355
46 U.S.C. 8103(f).................................  Citizenship Requirements....................           1,177
46 U.S.C. 8104(i).................................  Watches on Vessels; Violation of 8104(a) or           17,816
                                                     (b).
46 U.S.C. 8104(j).................................  Watches on Vessels; Violation of 8104(c),             17,816
                                                     (d), (e), or (h).
46 U.S.C. 8302(e).................................  Staff Department on Vessels.................             235
46 U.S.C. 8304(d).................................  Officer's Competency Certificates...........             235
46 U.S.C. 8502(e).................................  Coastwise Pilotage; Owner, Charterer,                 17,816
                                                     Managing Operator, Agent, Master or
                                                     Individual in Charge.
46 U.S.C. 8502(f).................................  Coastwise Pilotage; Individual..............          17,816
46 U.S.C. 8503....................................  Federal Pilots..............................          56,467
46 U.S.C. 8701(d).................................  Merchant Mariners Documents.................           1,177
46 U.S.C. 8702(e).................................  Crew Requirements...........................          17,816

46 U.S.C. 8906....................................  Small Vessel Manning........................          37,561
46 U.S.C. 9308(a).................................  Pilotage: Great Lakes; Owner, Charterer,              17,816
                                                     Managing Operator, Agent, Master or
                                                     Individual in Charge.
46 U.S.C. 9308(b).................................  Pilotage: Great Lakes; Individual...........          17,816
46 U.S.C. 9308(c).................................  Pilotage: Great Lakes; Violation of 9303....          17,816
46 U.S.C. 10104(b)................................  Failure to Report Sexual Offense............           9,468
46 U.S.C. 10314(a)(2).............................  Pay Advances to Seamen......................           1,177
46 U.S.C. 10314(b)................................  Pay Advances to Seamen; Remuneration for               1,177
                                                     Employment.
46 U.S.C. 10315(c)................................  Allotment to Seamen.........................           1,177
46 U.S.C. 10321...................................  Seamen Protection; General..................           8,162
46 U.S.C. 10505(a)(2).............................  Coastwise Voyages: Advances.................           8,162
46 U.S.C. 10505(b)................................  Coastwise Voyages: Advances; Remuneration              8,162
                                                     for Employment.
46 U.S.C. 10508(b)................................  Coastwise Voyages: Seamen Protection;                  8,162
                                                     General.
46 U.S.C. 10711...................................  Effects of Deceased Seamen..................             471
46 U.S.C. 10902(a)(2).............................  Complaints of Unfitness.....................           1,177
46 U.S.C. 10903(d)................................  Proceedings on Examination of Vessel........             235
46 U.S.C. 10907(b)................................  Permission to Make Complaint................           1,177
46 U.S.C. 11101(f)................................  Accommodations for Seamen...................           1,177
46 U.S.C. 11102(b)................................  Medicine Chests on Vessels..................           1,177
46 U.S.C. 11104(b)................................  Destitute Seamen............................             235
46 U.S.C. 11105(c)................................  Wages on Discharge..........................           1,177
46 U.S.C. 11303(a)................................  Log Books; Master Failing to Maintain.......             471
46 U.S.C. 11303(b)................................  Log Books; Master Failing to Make Entry.....             471
46 U.S.C. 11303(c)................................  Log Books; Late Entry.......................             353
46 U.S.C. 11506...................................  Carrying of Sheath Knives...................             118
46 U.S.C. 12151(a)(1).............................  Vessel Documentation........................          15,423
46 U.S.C. 12151(a)(2).............................  Documentation of Vessels--Related to                  25,705
                                                     activities involving mobile offshore
                                                     drilling units.
46 U.S.C. 12151(c)................................  Vessel Documentation; Fishery Endorsement...         117,858
46 U.S.C. 12309(a)................................  Numbering of Undocumented Vessels--Willful            11,774
                                                     violation.
46 U.S.C. 12309(b)................................  Numbering of Undocumented Vessels...........           2,355
46 U.S.C. 12507(b)................................  Vessel Identification System................          19,787
46 U.S.C. 14701...................................  Measurement of Vessels......................          43,126
46 U.S.C. 14702...................................  Measurement; False Statements...............          43,126
46 U.S.C. 31309...................................  Commercial Instruments and Maritime Liens...          19,787
46 U.S.C. 31330(a)(2).............................  Commercial Instruments and Maritime Liens;            19,787
                                                     Mortgagor.
46 U.S.C. 31330(b)(2).............................  Commercial Instruments and Maritime Liens;            49,467
                                                     Violation of 31329.
46 U.S.C. 70119(a)................................  Port Security...............................          32,796
46 U.S.C. 70119(b)................................  Port Security--Continuing Violations........          58,929
46 U.S.C. 70506...................................  Maritime Drug Law Enforcement; Penalties....           5,437
49 U.S.C. 5123(a)(1)..............................  Hazardous Materials: Related to Vessels--             77,114
                                                     Maximum Penalty.
49 U.S.C. 5123(a)(2)..............................  Hazardous Materials: Related to Vessels--            179,933
                                                     Penalty from Fatalities, Serious Injuries/
                                                     Illness or Substantial Damage to Property.
49 U.S.C. 5123(a)(3)..............................  Hazardous Materials: Related to Vessels--                463
                                                     Training..
----------------------------------------------------------------------------------------------------------------
\1\ Enacted under the Tariff Act of 1930, exempt from inflation adjustments.

Title 49--Transportation

PART 1503--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
12. The authority citation for part 1503 is revised to read as follows:

    Authority: 6 U.S.C. 1142; 18 U.S.C. 6002; 28 U.S.C. 2461 (note);
49 U.S.C. 114, 20109, 31105, 40113-40114, 40119, 44901-44907, 46101-
46107, 46109-46110, 46301, 46305, 46311, 46313-46314; Pub. L. 104-
134, as amended by Pub. L. 114-74.

0
13. Revise Sec.  1503.401 to read as follows:

Sec.  1503.401  Maximum penalty amounts.

    (a) General. TSA may assess civil penalties not exceeding the
following amounts against a person for the violation of a TSA
requirement.
    (b) In general. Except as provided in paragraph (c) of this
section, in the case of violation of title 49 U.S.C. or 46 U.S.C.
chapter 701, or a regulation prescribed or order issued under any of
those provisions, TSA may impose a civil penalty in the following
amounts:
    (1) For violations that occurred on or before November 2, 2015,
$10,000 per violation, up to a total of $50,000 per civil penalty
action, in the case of an individual or small business concern, as
defined in section 3 of the Small Business Act (15 U.S.C. 632). For
violations that occurred after November 2, 2015, $11,002 per violation,
up to a total of $55,010 per civil penalty action, in the case of an
individual or small business concern; and
    (2) For violations that occurred on or before November 2, 2015,
$10,000 per violation, up to a total of $400,000 per civil penalty
action, in the case of any other person. For violations that occurred
after November 2, 2015, $11,002 per violation, up to a total of
$440,080 per civil penalty action, in the case of any other person.
    (c) Certain aviation related violations. In the case of a violation
of 49 U.S.C. chapter 449 (except sections 44902, 44903(d), 44907(a)-
(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or 49 U.S.C. 46302 or
46303, or a regulation prescribed or order issued under any of those
provisions, TSA may

impose a civil penalty in the following amounts:
    (1) For violations that occurred on or before November 2, 2015,
$10,000 per violation, up to a total of $50,000 per civil penalty
action, in the case of an individual or small business concern, as
defined in section 3 of the Small Business Act (15 U.S.C. 632). For
violations that occurred after November 2, 2015, $12,856 per violation,
up to a total of 64,281 per civil penalty action, in the case of an
individual (except an airman serving as an airman), or a small business
concern.
    (2) For violations that occurred on or before November 2, 2015,
$10,000 per violation, up to a total of $400,000 per civil penalty
action, in the case of any other person (except an airman serving as an
airman) not operating an aircraft for the transportation of passengers
or property for compensation. For violations that occurred after
November 2, 2015, $12,856 per violation, up to a total of $514,244 per
civil penalty action, in the case of any other person (except an airman
serving as an airman) not operating an aircraft for the transportation
of passengers or property for compensation.
    (3) For violations that occurred on or before November 2, 2015,
$25,000 per violation, up to a total of $400,000 per civil penalty
action, in the case of a person operating an aircraft for the
transportation of passengers or property for compensation (except an
individual serving as an airman). For violations that occurred after
November 2, 2015, $32,140 per violation, up to a total of $514,244 per
civil penalty action, in the case of a person (except an individual
serving as an airman) operating an aircraft for the transportation of
passengers or property for compensation.

Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-15673 Filed 6-30-16; 8:45 am]
 BILLING CODE 9110-09-P; 9111-14-P; 9111-28-P; 9110-04-P; 9110-05-P


vacuum relief valves installed on cargo tanks in tankers.
    Consistent with incorporation by reference provisions in 1 CFR part
51, this material is reasonably available. Interested persons have
access to it through their normal course of business; can purchase it
from the organizations identified in 46 CFR 39.1005, 160.135-5,
160.156-5, 160.171-3, and 160.174-3; or may view a copy using the
methods identified in those sections.
    If you disagree with our analysis of these voluntary consensus
standards or are aware of voluntary consensus standards that might
apply but are not listed, please send a comment explaining your
disagreement or identifying additional standards to the docket using
one of the methods under ADDRESSES.

M. Environment

    We have analyzed this proposed rule under DHS Management Directive
023-01, Rev. 1, associated implementing instructions, and Environmental
Planning COMDTINST 5090.1 (series), which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4370f), and have made a preliminary determination that this action
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. This proposed
rule would be categorically excluded under paragraphs L52, L54, and L57
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
01. Paragraph L52 pertains to regulations concerning vessel safety
standards; Paragraph L54 pertains to regulations which are editorial
and procedural; and Paragraph L57 pertains to regulations concerning
manning, documentation, admeasurement, inspection, and equipping of
vessels.
    This proposed rule involves revising regulations associated with
the approval, carriage, and maintenance of certain safety equipment
required on board vessels and offshore units or facilities. Some of
these proposed revisions are editorial or procedural actions that would
eliminate outdated requirements, reduce inspection and testing
requirements, update standards incorporated by reference, remove
obsolete sections, and align conflicting sections with codes associated
with SOLAS. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects

33 CFR Part 149

    Fire prevention, Harbors, Marine safety, Navigation (water),
Occupational safety and health.

46 CFR Part 2

    Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.

46 CFR Part 32

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

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 39

    Cargo vessels, Fire prevention, Hazardous materials transportation,
Incorporation by reference, Marine safety, Occupational safety and
health, Reporting and recordkeeping requirements.

46 CFR Part 56

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 76

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 77

    Marine safety, Navigation (water), Passenger vessels.

46 CFR Part 95

    Cargo vessels, Fire prevention, Marine safety.

46 CFR Part 96

    Cargo vessels, Marine safety, Navigation (water).

46 CFR Part 105

    Cargo vessels, Fishing vessels, Hazardous materials transportation,
Marine safety, Petroleum, Seamen.

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 109

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

46 CFR Part 115

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

46 CFR Part 116

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

46 CFR Part 118

    Fire prevention, Marine safety, Passenger vessels, 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 159

    Business and industry, Laboratories, Marine safety, Reporting and
recordkeeping requirements.

46 CFR Part 160

    Incorporation by reference, Marine safety, Reporting and
recordkeeping requirements.

46 CFR Part 161

    Fire prevention, Marine safety, Reporting and recordkeeping
requirements.

46 CFR Part 162

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

46 CFR Part 163

    Marine safety.

46 CFR Part 164

    Fire prevention, Incorporaton by reference, Marine safety,
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 181

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

46 CFR Part 195

    Marine safety, Navigation (water), Oceanographic research vessels.

46 CFR Part 199

    Cargo vessels, Marine safety, Oil and gas exploration, Passenger
vessels, Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 149 and 46 CFR parts 2, 31, 32, 34, 35,
39, 56, 76, 77, 95, 96, 105, 107, 108, 109, 115, 116, 118, 132, 147,
159, 160, 161, 162, 163, 164, 167, 169, 181, 195, and 199 as follows:

Title 33--Navigation and Navigable Waters

PART 149--DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT

0
1. The authority citation for part 149 is revised to read as follows:
0
Authority: 33 U.S.C. 1504, 1509; DHS Delegation No. 00170.1, Revision
No. 01.3, paragraph (II)(75).

0
2. Amend Sec.  149.410 by revising the section heading and introductory
text to read as follows:

Sec.  149.410   Location and number of fire extinguishers required for
manned deepwater ports constructed prior to August 22, 2016.

    Manned deepwater ports constructed before August 22, 2016, must
meet the following requirements:
* * * * *

Title 46--Shipping

PART 2--VESSEL INSPECTIONS

0
3. The authority citation for part 2 is revised to read as follows:

    Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103, 2110,
3306, 3316, 3703, 70034; DHS Delegation No. 00170.1, Revision No.
01.3, paragraphs (II)(70), (77), (90), (92); E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277, sec. 1-105.

0
4. Revise Sec.  2.75-10(b) to read as follows:

Sec.  2.75-10   Procedures for obtaining approvals.

* * * * *
    (b) Unless otherwise specified, correspondence concerning approvals
should be submitted electronically to [email protected]. When
plans, drawings, test data, etc., are required to be submitted by the
manufacturer, the material being transmitted with the application
should be clearly identified.
    (c) If the manufacturer requests that hard copy stamped plans be
returned to them, or if product samples must be submitted, the plans or
samples must be addressed to the Commandant (CG-ENG), Attn: Office of
Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509. When
submitted, hard copy plans must be accompanied by electronic drawings
or must be submitted in triplicate.

PART 31--INSPECTION AND CERTIFICATION

0
5. The authority citation for part 31 is revised 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; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351;
DHS Delegation No. 00170.1, Revision No. 01.3, paragraph (II)(73),
(92). Section 31.10-21 also issued under the authority of Sect.
4109, Pub. L. 101-380, 104 Stat. 515.

Sec.  31.10-18  [Amended]

0
6. In Sec.  31.10-18 paragraph (c), after the text, ``manufacturer'',
add the text ``, or its authorized representative, or an independent
laboratory accepted for this purpose by the Coast Guard,''.

PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS

0
7. The authority citation for part 32 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation No. 00170.1,
Revision No. 01.3, paragraph (II)(92); Subpart 32.59 also issued
under the authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

Sec.  32.90-1  [Amended]

0
8. Amend Sec.  32.90-1 by removing paragraph (h).

PART 34--FIRE FIGHTING EQUIPMENT

0
9. The authority citation for part 34 is revised to read as follows:

    Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).

Sec.  34.10-90  [Amended]

0
10. Amend Sec.  34.10-90(a)(3) by:
0
a. Adding a comma after the text, ``20 gross tons or under''; and
0
b. Removing the text ``B-II'', and adding, in its place, the text,
``40-B''.
0
11. In Sec.  34.50-10, in the table in paragraph (h), revise the second
entry under ``Service Areas'' to read as follows:

Sec.  34.50-10  Location, number, and installation of fire
extinguishers--TB/ALL.

* * * * *
    (h) * * *

                           Table 34.50-10(a)--Portable and Semi-Portable Extinguishers
----------------------------------------------------------------------------------------------------------------
                    Tank ships                                                         Tank barges
--------------------------------------------------                      ----------------------------------------
                                       Minimum             Area              Minimum
      Quantity and location           required                              required      Quantity and location
                                       rating                                rating
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                  Service Areas
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1 required for each 2,500 sq ft              40-B  Stores areas,         ..............  None required.
 or fraction thereof.                               including paint and
                                                    lamp rooms.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 35--OPERATIONS

0
12. The authority citation for part 35 is revised to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101,
70011, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation
No. 00170.1, Revision No. 01.3, paragraph (II)(70), (73), (92).

Sec.  35.30-20   [Amended]

0
13. In Sec.  35.30-20(c)(1), remove the text ``the Mine Safety and
Health Administration (MSHA) and by''.

PART 39--VAPOR CONTROL SYSTEMS

0
14. The authority citation for part 39 is revised to read as follows:

    Authority: 42 U.S.C. 7511b(f)(2); 46 U.S.C. 3306, 3703, 3715(b),
70011, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
DHS Delegation No. 00170.1, Revision No. 01.3, paragraph (II)(70),
(92).

0
15. Amend Sec.  39.1005 as follows:
0
a. Revise paragraph (a);
0
b. Redesignate paragraphs (g) through (i) as paragraphs (h) through
(j);
0
c. Add new paragraph (g).
    The revisions and additions read as follows:

Sec.  39.1005  Incorporation by reference -TB/ALL.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
and at the National Archives and Records Administration (NARA). Contact
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
    (g) International Organization for Standardization (ISO), ISO
Central Secretariat Chemin de Blandonnet 8. CP 401--1214 Vernier,
Geneva, Switzerland, telephone 41 22 749 01 11, https://www.iso.org/contact-iso.html.
    (1) ISO 15364:2021(E), Ships and Marine Technology--Pressure-vacuum
valves for cargo tanks and devices to prevent the passage of flame into
cargo tanks, Fourth Edition (February 2021) (``ISO 15364''), IBR
approved for Sec.  39.2011(b).
    (2) [Reserved]
* * * * *
0
16. Revise Sec.  39.2011(b)(1) to read as follows:

Sec.  39.2011  Vapor overpressure and vacuum protection--TB/ALL

* * * * *
    (b) * * *
    (1) Be type approved under 46 CFR 162.017, for the pressure and
vacuum relief setting desired. Pressure-vacuum relief valves that meet
the requirements of ISO 15364 (incorporated by reference, see Sec.
39.1005) or equivalent standards acceptable to the flag state are
acceptable for installation on foreign-flagged vessels and do not
require type approval;
* * * * *

PART 56--PIPING SYSTEMS AND APPURTENANCES

0
17. The authority citation for part 56 is revised to read as follows:

    Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C.
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation No.
00170.1, Revision No. 01.3, paragraph (II)(73), (75), (90), (92).

Sec.  56.60-25  [Amended]

0
18. In Sec.  56.60-25(a)(4), remove the sentence ``Pipe that is to be
used for potable water must bear the appropriate certification mark of
a nationally recognized, ANSI-accredited third-party certification
laboratory.''.

PART 76--FIRE PROTECTION EQUIPMENT

0
19. The authority citation for part 76 is revised to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).

0
20. In Sec.  76.50-10, in the table in paragraph (b), revise the first
entry under ``Safety Area'', Note 4 to Table 76.50-10(a), and Note 7 to
Table 76.50-10(a) to read as follows:

Sec.  76.50-10  Location.

* * * * *

     Table 76.50-10(a)--Carriage of Portable and Semi-Portable Fire
                              Extinguishers
------------------------------------------------------------------------
                                          Fire extinguishing
                             -------------------------------------------
            Space               Minimum  required       Quantity and
                                     rating               location
------------------------------------------------------------------------
                             Safety Area \1\
------------------------------------------------------------------------
Wheelhouse or fire control    2-A, 20-B:C.........  1 of each rating
 room.                                               required for
                                                     vessels over 1,000
                                                     GT. Only 1
                                                     extinguisher is
                                                     required if it
                                                     carries both 2-A
                                                     and 20-B:C ratings.

                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    \4\ Vessels of less than 1,000 GT and not on an international
voyage may substitute one 120-B for one 160-B.
* * * * *
    \7\ Two 10-B units may be substituted for one 40-B unit.
* * * * *

PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

0
21. The authority citation for part 77 is revised to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).

Sec.  77.35-5  [Amended]

0
22. In Sec.  77.35-5 (b), remove the text ``the Mine Safety and Health
Administration (MSHA) and''.

Sec.  77.40-1  [Amended]

0
23. Amend Sec.  77.40-1 by removing paragraph (h).

PART 95--FIRE PROTECTION EQUIPMENT

0
24. The authority citation for part 95 is revised to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).

Sec.  95.50-10  [Amended]

0
25. In Sec.  95.50-10, at Note 4 to Table 95.50-10(a), remove the text
``160-B.'' and add, in its place, the text ``120-B.''

PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

0
26. The authority citation for part 96 is revised to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3,
paragraph (II)(92).

Sec.  96.35-5  [Amended]

0
27. In Sec.  96.35-5(b), remove the text ``the Mine Safety and Health
Administration (MSHA) and by''.

Sec.  96.40-1  [Amended]

0
28. Amend Sec.  96.40-1 by removing paragraph (h).

PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS

0
29. The authority citation for part 105 is revised to read as follows:

    Authority:  6 U.S.C. 468(b); 33 U.S.C. 1321(j); 46 U.S.C. 2103,
3306, 3703, 4502; E.O. 12777, sec. 2(d)(2) and (f), 56 FR 54757, 3
CFR, 1991 Comp., p. 351; DHS Delegation No. 00170.1, Revision No.
01.3, paragraphs (II)(73), (80), (92).

0
30. Revise Sec.  105.14(a) to read as follows:

Sec.  105.14  Fire Extinguishing Equipment.

    (a) In addition to the extinguishers in Sec.  28.160, Table 28.160,
each vessel must carry at least two 40-B fire extinguishers that are
approved under Sec.  162.028 or Sec.  162.039 of this chapter and must
be located at or near the dispensing area. Extinguishers with larger
numerical ratings or multiple letter designations may be used to meet
this requirement. This equipment must be examined before issuing a
letter of compliance.
* * * * *

PART 107--INSPECTION AND CERTIFICATION

0
31. The authority citation for part 107 is revised to read as follows:

    Authority:  43 U.S.C. 1333; 46 U.S.C. 3306, 3307, 3316; DHS
Delegation No. 00170.1, Revision No. 01.3, paragraph (II)(90), (92);
Sec.  107.05 also issued under the authority of 44 U.S.C. 3507.

Sec.  107.235  [Amended]

0
32. In Sec.  107.235(b)(4), remove the word, ``liquid'' and add, in its
place, the word, ``concentrate'', and, after the text,
``representative'', add the text ``, or an independent laboratory
accepted for the purpose by the Coast Guard''.

PART 108--DESIGN AND EQUIPMENT

0
33. The authority citation for part 108 is revised to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; DHS Delegation
No. 00170.1, Revision No. 01.3, paragraph (II)(90), (92).

0
34. Revise Sec.  108.103 to read as follows:

Sec.  108.103  Equipment not required on a unit.

    (a) Each item of lifesaving and firefighting equipment carried on
board the unit in addition to equipment of the type required under this
subchapter, must--
    (1) Be approved; or
    (2) Be acceptable to the cognizant OCMI, for use on the unit.
    (b) Use of non-approved fire detection systems may be acceptable as
excess equipment, provided that--
    (1) Components are listed and labeled by an independent, nationally
recognized testing laboratory as set forth in 29 CFR 1910.7, and are
designed, installed, tested, and maintained in accordance with an
appropriate industry standard and the manufacturer's specific guidance;
    (2) Installation conforms to the requirements of 46 CFR chapter I,
subchapter J (Electrical Engineering), including the hazardous location
electrical installation regulations in 46 CFR 111.105; and
    (3) Coast Guard plan review is completed for wiring plans.
0
35. Revise Sec.  108.489(a)(3) to read as follows:

Sec.  108.489  Helicopter fueling facilities.

    (a) * * *
    (3) A 160-B fire extinguisher approved under Sec.  162.028 or Sec.
162.039 of this chapter for each fueling facility up to 300 square feet
(27.87 square meters). Extinguishers with larger numerical ratings or
multiple letter

designations may be used to meet this requirement.
* * * * *
0
36. In Sec.  108.495, in the table, revise the fourth entry under
``Service Spaces'' and the first entry under ``Auxiliary Spaces'' to
read as follows:

                             Table 108.495--Carriage of Portable Fire Extinguishers
----------------------------------------------------------------------------------------------------------------
                  Space                          Minimum required rating              Quantity and location
----------------------------------------------------------------------------------------------------------------
                                                  Safety Areas
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 Accommodations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 Service Spaces
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *

                                                  * * * * * * *

                                                  * * * * * * *
Workshop and similar spaces..............  20-B:C.............................  1 outside each space in the
                                                                                vicinity of the exit.
----------------------------------------------------------------------------------------------------------------
                                                Machinery Spaces
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                Auxiliary Spaces
----------------------------------------------------------------------------------------------------------------
Internal combustion engines or gas         40-B...............................  1 outside the space containing
 turbine.                                                                        engines or turbines in the
                                                                                vicinity of the exit.

                                                  * * * * * * *

                                                  * * * * * * *

                                                  * * * * * * *

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                               Miscellaneous Areas
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                   Spare Units
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Sec.  108.497  [Amended]

0
37. In Sec.  108.497(a), remove the text, ``the Mine Safety and Health
Administration (MSHA) and by''.

Sec.  108.570  [Amended]

0
38. In Sec.  108.570(c)(3), remove the word ``must'' and add, in its
place, the word ``may''.

Sec.  108.719  [Amended]

0
39. Amend Sec.  108.719 by removing paragraph (h).

PART 109--OPERATIONS

0
40. The authority citation for part 109 is revised to read as follows:

    Authority:  43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104; DHS
Delegation 00170.1, Revision No. 01.3, paragraph (II)(90), (92).

0
41. Revise Sec.  109.301(j) to read as follows:

Sec.  109.301  Operational readiness, maintenance, and inspection of
lifesaving equipment.

* * * * *
    (j) Maintenance of falls. Each fall used in a launching appliance
must be inspected annually with special regard for areas passing
through sheaves and must be renewed when necessary due to deterioration
or at intervals of not more than 5 years, whichever is earlier.
* * * * *

PART 115--INSPECTION AND CERTIFICATION

0
42. The authority citation for part 115 is revised 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. 277; DHS Delegation 00170.1, Revision No. 01.3, paragraph
(II)(73), (92).

Sec.  115.810   [Amended]

0
43. In Sec.  115.810(b)(1), remove the text, ``Chapter 4 of''.

PART 116--CONSTRUCTION AND ARRANGEMENT

0
44. The authority citation for part 116 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277, DHS Delegation 00170.1, Revision No. 01.3,
paragraph (II)(92).

0
45. Revise Sec.  116.400(c) to read as follows:

Sec.  116.400   Application

* * * * *
    (c) Vessels meeting the structural fire protection requirements of
SOLAS, Chapter II-2, Regulations 5, 6, 8, 9, and 11 (incorporated by
reference, see Sec.  114.600), when combined with the requirements in
Sec.  72.05-20 of subchapter H of this chapter, may be considered
equivalent to the provisions of this subpart.
* * * * *
0
46. Revise Sec.  116.405(f) to read as follows:

Sec.  116.405  General arrangement and outfitting.

* * * * *
    (f) Nonmetallic piping in concealed spaces. The use of nonmetallic
(plastic) pipe within a concealed space in a control space,
accommodation space, or service space is permitted in nonvital service
only if the piping material has been approved under Sec.  164.141 of
this chapter and meets both low flame spread rating and toxicity
requirements.
* * * * *

PART 118--FIRE PROTECTION EQUIPMENT

0
47. The authority citation for part 118 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.3,
paragraph (II)(92).

Sec.  118.500   [Amended]

0
48. Amend Sec.  118.500 by:
0
a. In paragraph (c), removing the text ``10'' and adding, in its place,
the text ``5''; and
0
b. In paragraph (d), removing the text ``(c)'' and adding, in its
place, the text ``(b)''.

PART 132--FIRE PROTECTION EQUIPMENT

0
49. The authority citation for part 132 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3307; sec. 617, Pub. L. 111-281, 124
Stat. 2905; DHS Delegation 00170.1, Revision No. 01.3, paragraph
(II)(92).

Sec.  132.365   [Amended]

0
50. In paragraph (b)(1), remove the text ``the Mine Safety and Health
Administration and by''.

PART 147--HAZARDOUS SHIPS STORES

0
51. The authority citation for part 147 is revised to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.3, paragraph
(II)(92).

0
52. Revise Sec.  147.66(a) and (c) to read as follows:

Sec.  147.66   Inert gas fire extinguishing systems.

    (a) Inert gas cylinders forming part of a clean agent fixed fire
extinguishing system must be retested every 12 years.
* * * * *
    (c) Flexible connections between cylinders and discharge piping for
fixed inert gas fire extinguishing systems must be renewed or retested
in accordance with section 7.3 of NFPA 2001 (incorporated by reference,
see Sec.  147.7), except that this renewal or retesting must occur when
the cylinders are retested.

PART 159--APPROVAL OF EQUIPMENT AND MATERIALS

0
53. The authority citation for part 159 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3703; DHS Delegation 00170.1,
Revision No. 01.3, paragraph (II)(92); Section 159.001-9 also issued
under the authority of 44 U.S.C. 3507.

0
54. Revise Sec.  159.001-5 to read as follows:

Sec.  159.001-5   Correspondence and applications.

    (a) Unless otherwise specified, all correspondence and applications
in connection with approval and testing of equipment and materials
should be submitted electronically to [email protected]. When
plans, drawings, test data, etc., are required to be submitted by the
manufacturer, the material being transmitted with the application
should be clearly identified.
    (b) If the manufacturer desires hard copy stamped plans be returned
to them, or if product samples must be submitted, the plans or samples
must be addressed to: Commandant (CG-ENG), Attn: Office of Design &
Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther
King Jr. Avenue SE, Washington, DC 20593-7509. When submitted, hard
copy plans must be accompanied by electronic drawings or must be
submitted in triplicate.

PART 160--LIFESAVING EQUIPMENT

0
55. The authority citation for part 160 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306, 3703,4302; E.O. 12234; 45 FR
58801; 3 CFR, 1980 Comp., p. 277; and DHS Delegation 00170.1,
Revision No. 01.3, paragraph (II)(92).

0
56. Revise Sec.  160.115-7(b)(6)(vi) introductory text and
(b)(6)(vi)(A) to read as follows:

Sec.  160.115-7  Design, construction, and performance of winches.

* * * * *
    (b) * * *
    (6) * * *
    (vi) Limit switches must be provided to limit the travel of the
davit arms as they approach the final stowed position and prevent
overstressing the falls or davits. These switches must--
    (A) Be arranged so that the activation of any limit switch will
stop the travel of all of the davit arms;
* * * * *

Sec.  Sec.  160.115-9, 160.115-13, 160.132-9, 160.132-13, and 160.133-
9  [Amended]

0
57. In Sec. Sec.  160.115-9(b), 160.115-13(g)(2), 160.132-9(b),
160.132-13(g)(2), and 160.133-9(b), remove all instances of the words,
``in triplicate''.

Sec.  160.133-13  [Amended]

0
58. In Sec.  160.133-13(g)(2), remove the text, ``, in triplicate''.
0
59. Add Sec.  160.135-5(d)(7) to read as follows:

Sec.  160.135-5   Incorporation by reference.

* * * * *
    (d) * * *
    (7) MSC/Circular 1006, Guidelines On Fire Test Procedures For
Acceptance Of Fire-Retardant Materials For The Construction Of
Lifeboats, (June 18, 2001), IBR approved for Sec.  160.135-7(b) (``IMO
MSC Circ. 1006'').
* * * * *

Sec.  160.135-7   [Amended]

0
60. In Sec.  160.135-7(b)(3)(iv)(A), remove the text, ``and accepted by
the Commandant in accordance with 46 CFR part 164, subpart 164.120''
and add, in its place, the text, ``according to IMO MSC Circ. 1006
(incorporated by reference, see Sec.  160.135-5)''.

Sec.  160.135-9  [Amended]

0
61. In Sec.  160.135-9(b), remove the words ``in triplicate''.

Sec.  160.135-13  [Amended]

0
62. In Sec.  160.135-13(g)(2), remove the text ``, in triplicate''.
0
63. Add Sec.  160.156-5(d)(7) to read as follows:

Sec.  160.156-5   Incorporation by reference.

* * * * *
    (d) * * *
    (7) MSC/Circular 1006, Guidelines On Fire Test Procedures For
Acceptance Of Fire-Retardant Materials For The Construction Of
Lifeboats (June 18, 2001) (``IMO MSC Circ. 1006''), IBR approved for
Sec.  160.156-7.
* * * * *

Sec.  160.156-7   [Amended]

0
64. In Sec.  160.156-7(b)(3)(iv)(A), remove the text, ``and accepted by
the Commandant in accordance with 46 CFR part 164, subpart 164.120'',
and add, in its place, the text, ``according to IMO MSC Circ. 1006
(incorporated by reference, see Sec.  160.156-7).''.

Sec.  160.156-9  [Amended]

0
65. In Sec.  160.156-9(b), remove the words, ``in triplicate''.

Sec.  160.156-13   [Amended]

0
66. In Sec.  160.156-13(g)(2), remove the text, ``, in triplicate''.

Sec.  160.170-9   [Amended]

0
67. In Sec.  160.170-9(b), remove words, ``in triplicate''.

Sec.  160.170-13   [Amended]

0
68. In Sec.  160.170-13(g)(2), remove text, ``, in triplicate,''.
0
69. Revise Sec.  160.171-3 to read as follows:

Sec.  160.171-3   Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
Headquarters and at the National Archives and Records Administration
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC
20593-7509; email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this
material at NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations.html or email: [email protected]. The material may be
obtained from the sources in the following paragraphs of this section.
    (b) ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA 19428-2959; phone: +1<PHONE_NUMBER>; email:
[email protected]; web: https://www.astm.org.
    (1) ASTM B117-97, Standard Practice for Operating Salt Spray (Fog)
Apparatus (``ASTM B117''); Sec.  160.171-17(k).
    (2) ASTM C177-85 (1993), Standard Test Method for Steady-State Heat
Flux Measurements and Thermal Transmission Properties by Means of the
Guarded-Hot-Plate Apparatus (``ASTM C177''); Sec.  160.171-17(e).
    (3) ASTM C518-91, Standard Test Method for Steady-State Heat Flux
Measurements and Thermal Transmission Properties by Means of the Heat
Flow Meter Apparatus (``ASTM C518''); Sec.  160.171-17(e).
    (4) ASTM D975-14, Standard Specification for Diesel Fuel Oils
(``ASTM D975''); Sec.  160.171-17(p).
    (5) ASTM D1004-94a, Standard Test Method for Initial Tear
Resistance of Plastic Film and Sheeting (``ASTM D1004''); Sec.
160.171-17(n).
    (c) General Services Administration (GSA). email:
[email protected]; web: https://fedspecs.gsa.gov/s/federal-specifications.
    (1) Federal Test Method Standard No. 191 dated July 20, 1978,
Method 5304.1, Abrasion Resistance of Cloth, Oscillatory Cylinder
(Wyzenbeek) Method, dated July 9, 1971 (``Federal Test Method Standard
191, Method 5304.1''); Sec.  160.171-17(o).
    (2) Federal Standard No. 751a, Stitches, Seams, and Stitchings,
dated January 25, 1965 (``Federal Standard No. 751''); Sec.  160.171-
9(c).
    (d) National Institution of Standards and Technology (NIST)
(formerly National Bureau of Standards). U.S. Department of Commerce,
National Institution of Standards and Technology, 100 Bureau Drive,
Gaithersburg, MD 20899; phone:<PHONE_NUMBER>; web: https://www.nist.gov.
    (1) National Bureau of Standards Special Publication 440--Color,
Universal Language and Dictionary of Names; December 1976 (https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf)
(``National Bureau of Standards Publication 440''); Sec.  160.171-9(h).
    (2) [Reserved]
    (e) Underwriters Laboratories (UL). 1850 M. St. NW, Suite 1000,
Washington, DC, District of Columbia, 20036-5833; phone: (202)
296.7840; fax:<PHONE_NUMBER>; web: https://www.ul.com.
    (1) UL 1191, First Edition (Standard for Components for Personal
Flotation Devices), as revised March 29, 1977; Sec.  160.171-17(h).
    (2) [Reserved]
0
70. Revise Sec.  160.174-3 to read as follows:

Sec.  160.174-3  Incorporation by reference.

    Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
Headquarters and at the National Archives and Records Administration
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC
20593-7509; email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this
material at NARA, email: [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html. The material
may be obtained from the sources in the following paragraphs of this
section. Error! Hyperlink reference not valid.
    (a) ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA 19428-2959; phone: +1<PHONE_NUMBER>; email:
[email protected]; web: https://www.astm.org.
    (1) ASTM C177-85 (1993), Standard Test Method for Steady-State Heat
Flux Measurements and Thermal Transmission Properties by Means of the
Guarded-Hot-Plate Apparatus (``ASTM C 177''); Sec.  160.174-17(f) and
(g).
    (2) ASTM C518-91, Standard Test Method for Steady-State Heat Flux
Measurements and Thermal Transmission Properties by Means of the Heat
Flow Meter Apparatus (``ASTM C 518''); Sec.  160.174-17(f) and (g).
    (3) ASTM D975-14, Standard Specification for Diesel Fuel Oils
(``ASTM D 975''); Sec.  160.174-17(g).
    (4) ASTM D1004-94a, Standard Test Method for Initial Tear
Resistance of Plastic Film and Sheeting (``ASTM D 1004''); Sec.
160.171-47(i).
    (5) ASTM D1518-85 (1990), Standard Test Method for Thermal
Transmittance of Textile Materials (``ASTM D 1518''); 160.174-17(f).
    (b) General Services Administration (GSA). email:
[email protected]; web: https://fedspecs.gsa.gov/s/federal-specifications.
    (1) Federal Standard No. 751a, Stitches, Seams, and Stitchings,
dated

January 25, 1965 (``Federal Standard No. 751''); Sec.  160.174-9(b).
    (2) [Reserved]
    (c) National Institution of Standards and Technology (NIST)
(formerly National Bureau of Standards). U.S. Department of Commerce,
National Institution of Standards and Technology, 100 Bureau Drive,
Gaithersburg, MD 20899; phone:<PHONE_NUMBER>; web: https://www.nist.gov.
    (1) National Bureau of Standards Special Publication 440--Color,
Universal Language and Dictionary of Names (``National Bureau of
Standards Publication 440''); December 1976 (https://nvlpubs.nist.gov/nistpubs/Legacy/SP/nbsspecialpublication440.pdf); Sec.  160.174-9(f).
    (2) [Reserved]

PART 161--Electrical Equipment.

0
71. The authority citation for part 161 is revised to read as follows:

    Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).

PART 161--ELECTRICAL EQUIPMENT

0
72. Revise the section heading to Sec.  161.002-18 and paragraph (a) to
read as follows:

Sec.  161.002-18  System method of applications for equipment approval.

    (a) The manufacturer must submit the following material to the
Commandant (CG-ENG), according to Sec.  159.001-5:
    (1) A formal written request that the system be reviewed for
approval.
    (2) The system's instruction manual, including information
concerning installation, maintenance, limitations, programming,
operation, and troubleshooting.
    (3) Proof of listing the system devices meeting the requirements of
Sec.  161.002-6(a).
    (4) The complete test report(s) meeting the requirements of Sec.
161.002-6 generated by an independent laboratory accepted by the
Commandant under part 159 of this chapter or an NRTL as set forth in 29
CFR 1910.7. A current list of Coast Guard-accepted laboratories may be
obtained from the following website: https://cgmix.uscg.mil/eqlabs/.
    (5) A list prepared by the manufacturer that contains the name,
model number, and function of each major component and accessory, such
as the main control cabinet, remote annunciator cabinet, detector, zone
card, isolator, central processing unit, zener barrier, special purpose
module, or power supply. This list must be identified by the following
information assigned by the manufacturer:
    (i) A document number;
    (ii) A revision number (the original submission being revision
number 0); and
    (iii) The date that the manufacturer created or revised the list.
* * * * *
0
73. Revise the section heading to Sec.  161.002-19 and paragraphs (a)
and (b) to read as follows:

Sec.  161.002-19   Device method of application for equipment approval.

    (a) The manufacturer must submit the following material to the
Commandant (CG-ENG) according to Sec.  159.001-5:
    (1) A formal written request that the device be reviewed for
approval;
    (2) The device's instruction manual, including information
concerning installation, maintenance, limitations, programming,
operation, and troubleshooting;
    (3) Proof of listing the device meeting the requirements of Sec.
161.002-6(a); and
    (4) The complete test report(s) meeting the requirements of Sec.
161.002-6 generated by an independent laboratory accepted by the
Commandant under part 159 of this chapter or an NRTL as set forth in 29
CFR 1910.7. A current list of Coast Guard accepted laboratories may be
obtained from the following website: https://cgmix.uscg.mil/eqlabs/.
    (b) To apply for a revision, the manufacturer must submit--
    (1) A written request under paragraph (a) of this section;
    (2) Updated documentation under paragraph (a)(2) of this section;
    (3) Proof of listing the device meeting the requirements of Sec.
161.002-6(a); and
    (4) A report by an independent laboratory accepted by the
Commandant under part 159 of this chapter or an NRTL as set forth in 29
CFR 1910.7 is required to document compliance with Sec.  161.002-6.
* * * * *

Sec.  161.011-1   [Amended]

0
74. In Sec.  161.011-1, remove the word ``approval'' and add, in its
place, the word ``acceptance''.
0
75. Revise Sec.  161.011-5 to read as follows:

Sec.  161.011-5   Types.

    EPIRBs are typed as follows:
    (a) Category 1--EPIRBs are capable of floating free of a vessel and
activating automatically if the vessel sinks.
    (b) Category 2--EPIRBs are manually removed from the mounting
bracket and activated.
0
76. Revise Sec.  161.011-10 to read as follows.

Sec.  161.011-10  EPIRB acceptance.

    (a) The Coast Guard reviews test reports from an accepted
independent laboratory for EPIRBs accepted in Sec.  161.011-5 of this
subpart.
    (b) An application for acceptance or type acceptance of an EPIRB
should be submitted to the Coast Guard before the FCC in accordance
with title 47 of the Code of Federal Regulations (CFR), part 1061. When
requested by the FCC, the Coast Guard reviews the test results in the
application that concern installation and operation of the EPIRB. The
Coast Guard provides the results of the review to the manufacturer, and
to the FCC for its use in acting upon the application.
0
77. Amend Sec.  161.012-5 by:
0
a. Revising paragraph (a); and
0
b. In paragraph (b), removing the words ``Two copies of plans'' and
adding, in their place, the word ``Plans''.
    The revision reads as follows:

Sec.  161.012-5   Approval procedures.

    (a) An application for approval of a PFD light under this subpart
must be submitted to the Commandant (CG-ENG) according to Sec.
159.001-5.
* * * * *
0
78. Revise 161.013-11(c)(1) to read as follows:

Sec.  161.013-11   Prototype test.

* * * * *
    (c) * * *
    (1) Forward the test results within 30 days to the Commandant (CG-
ENG) according to Sec.  159.005-1; and
* * * * *
0
79. Revise Sec.  161.013-17 to read as follows:

Sec.  161.013-17   Manufacturer notification.

    Each manufacturer certifying lights in accordance with the
specifications of this subpart must send written notice to the
Commandant (CG-ENG) according to Sec.  159.005-1 within 30 days after
first certifying the lights, and send a new notice every 5 years
thereafter as long as it certifies lights.

PART 162--ENGINEERING EQUIPMENT

0
80. The authority citation for part 162 is revised to read as follows:

    Authority:  33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104,
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation
00170.1, Revision No. 01.3, paragraph (II)(73), (92).

0
81. Add Sec.  162.017-0 to read as follows:

Sec.  162.017-0  Preemptive effect.

    The regulations in this part have preemptive effect over State or
local regulations in the same field.
0
82. Revise Sec.  162.017-1 to read as follows:

Sec.  162.017-1  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
and at the National Archives and Records Administration (NARA). Contact
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the source(s)
in the following paragraph(s) of this section.
    (b) International Organization for Standardization (ISO), ISO
Central Secretariat Chemin de Blandonnet 8. CP 401--1214 Vernier,
Geneva, Switzerland, telephone 41 22 749 01 11, https://www.iso.org/contact-iso.html.
    (1) ISO 15364:2021(E), Ships and Marine Technology--Pressure-vacuum
valves for cargo tanks and devices to prevent the passage of flame into
cargo tanks, Fourth Edition (February 2021) (``ISO 15364''), IBR
approved for Sec.  162.017-3(r).
    (2) [Reserved]

Sec.  162.017-2   [Amended]

0
83. In Sec.  162.017-2, remove the word, ``inflammable'', and add, it
its place, the word, ``flammable''.
0
84. Revise Sec.  162.017-3(g), (n) and (r) to read as follows:

Sec.  162.017-3  Materials, construction, and workmanship.

* * * * *
    (g) The design and construction of the valves must permit
maintenance without removal from the line.
* * * * *
    (n) Double flame screens of 20 x 20 corrosion-resistant wire mesh
with a \1/2\-inch corrosion-resistant separator, or a single screen of
30 x 30 corrosion-resistant wire mesh, shall be fitted on all openings
to atmosphere. The net free area through the flame screens shall not be
less than 1\1/2\ times the cross-sectional area of the vent inlet from
the cargo tanks.
* * * * *
    (r) Pressure-vacuum relief valves constructed in accordance with
ISO 15364 (incorporated by reference; see Sec.  162.017-1) meet the
requirements of this subpart, and are eligible to receive approval by
submitting an application in accordance with Sec.  162.017-6.
0
85. Amend Sec.  162.017-6 by:
0
a. Revising paragraph (a);
0
b. In paragraph (b), removing the words ``in quadruplicate''; and
0
c. In paragraph (c), removing the text ``, by the Underwriters'
Laboratories, the Factory Mutual Laboratories, or''.
    The revision reads as follows.

Sec.  162.017-6   Procedure for approval.

    (a) Applications for approval must be submitted to the Commanding
Officer, U.S. Coast Guard Marine Safety Center. Applications may be
submitted electronically, by mail or in-person. Mail or in-person
submissions may be delivered to U.S. Coast Guard Stop 7430, 2703 Martin
Luther King Jr. Avenue SE, Washington, DC 20593-7430. Information for
submitting applications electronically can be found at https://www.uscg.mil/HQ/MSC.
* * * * *
0
86. Revise Sec.  162.050-15(a) to read as follows:

Sec.  162.050-15   Designation of facilities.

    (a) Each request for designation as a facility authorized to
perform approval tests must be submitted to the Commandant (CG-ENG)
according to Sec.  159.005-1.
* * * * *
0
87. Revise Sec.  162.060-40(b) to read as follows:

Sec.  162.060-40   Requirements for Independent Laboratories (ILs).

* * * * *
    (b) Each request for designation as an independent laboratory
authorized under paragraph (a) of this section must be submitted to the
Commandant (CG-ENG) according to Sec.  159.005-1.
* * * * *

PART 163--CONSTRUCTION

0
88. The authority citation for part 163 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).

Subpart 163.002 [Removed and Reserved]

0
89. Remove and reserve subpart 163.002, consisting of Sec. Sec.
163.002-1 through 163.002-27.

PART 164--MATERIALS

0
90. The authority citation for part 164 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No.
01.3, paragraph (II)(92).

0
91. Revise Sec.  164.009-9(a) to read as follows:

Sec.  164.009-9   Procedure for approval.

    (a) An application for approval of a material under this subpart
must be submitted to the Commandant (CG-ENG) according to Sec.
159.005-1.
* * * * *
0
92. Amend Sec.  164.018-7 by:
0
a. Revise paragraph (a); and
0
b. In paragraph (b)(2), removing the words, ``Two copies of plans'' and
adding, in their place, the word ``Plans''.
    The revision reads as follows:

Sec.  164.018-7  Approval procedures.

    (a) An application for approval of retroreflective material must be
submitted to the Commandant (CG-ENG) according to Sec.  159.005-1.
* * * * *

Sec.  164.106-3   [Amended]

0
93. In Sec.  164.106-3(a), remove the text ``Part 6'' and add, in its
place, the text ``Part 5''.

Subpart 164.120 [Removed]

0
94. Remove subpart 164.120, consisting of Sec. Sec.  164.120-1 through
164.120-15.

Sec.  164.137-2   [Amended]

0
95. In Sec.  164.137-2, remove and reserve paragraph (b)(2).
0
96. Revise Sec.  164.137-3(a) to read as follows:

Sec.  164.137-3   Testing, marking, and inspection requirements.

    (a) Windows submitted for type approval must be tested for fire
resistance under Annex 1, Part 3 of the FTP Code (incorporated by
reference, see Sec.  164.137-2). Windows must also meet the thermal
radiation test supplement to fire resistance, and hose stream test
supplement, as outlined in Appendix 1 of Part 3 of the FTP Code.
* * * * *
0
97. Amend 164.138-2 by:
0
a. Revising paragraph (a); and
0
b. Removing and reserving paragraph (b)(2).

    The revision reads as follows:

Sec.  164.138-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
and at the National Archives and Records Administration (NARA). Contact
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
0
98. Revise Sec.  164.138-3(a) to read as follows:

Sec.  164.138-3  Testing, marking, and inspection requirements.

    (a) Fire stops (penetration seals) submitted for type approval must
be tested for fire resistance under Annex 1, Part 3 of the FTP Code
(incorporated by reference, see Sec.  164.138-2), including testing in
accordance with Part 3, Appendix 3 and Appendix 4.
* * * * *
0
99. Amend 164.139-2 by:
0
a. Revising paragraph (a); and
0
b. Removing and reserving paragraph (b)(2).
    The revision reads as follows:

Sec.  164.139-2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Coast Guard
and at the National Archives and Records Administration (NARA). Contact
Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; email
[email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For
information on the availability of this material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the sources
in the following paragraphs of this section.
* * * * *
0
100. Revise Sec.  164.139-3(a) to read as follows:

Sec.  164.139-3  Testing, marking, and inspection requirements.

    (a) Automatic fire dampers that are installed in A-class divisions
that are submitted for type approval must be tested for fire resistance
under Annex 1, Part 3 of the FTP Code (incorporated by reference, see
Sec.  164.139-2), including testing in accordance with Appendix 2.
* * * * *

PART 167--PUBLIC NAUTICAL SCHOOL SHIPS

0
101. The authority citation for part 167 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3307, 6101, 8105; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision
No. 01.3, paragraph (II)(92).

0
102. Revise Sec.  167.45-40 introductory text, and paragraphs (a), (d),
(e), and (f) to read as follows:

Sec.  167.45-40  Fire-fighting equipment on nautical school ships using
oil as fuel.

    Steam-propelled nautical school ships burning oil for fuel shall be
fitted with the fire-fighting equipment of the following type and
quantity:
    (a) In each boiler room and in each of the machinery spaces of a
nautical school ship propelled by steam, in which a part of the fuel-
oil installation is situated, two or more approved 40-B fire
extinguishers must be placed where accessible and ready for immediate
use. On a nautical school ship of 1,000 gross tons and under, only one
is required.
* * * * *
    (d) On every steam propelled nautical school ship of over 1,000
gross tons having one boiler room there shall be provided one 160-B
fire extinguisher. If the nautical school ship has more than one boiler
room, an extinguisher of the above type shall be provided in each
boiler room. On every steam-propelled nautical school ship of 1,000
gross tons and under, a 120-B fire extinguisher may be used.
Extinguishers fitted shall be equipped with suitable hose and nozzles
on reels or other practicable means for easy access, and of sufficient
length to reach any part of the boiler room and spaces containing oil-
fuel pumping units.
    (e) All nautical school ships propelled by internal-combustion
engines shall be equipped with the following fire extinguishers in the
machinery spaces:
    (1) One 120-B fire extinguisher.
    (2) One 40-B extinguisher for each 1,000 BHP of the main engines,
or fraction thereof. The total number of fire extinguishers carried
shall not be less than two and not more than six.
    (3) When a donkey boiler fitted to burn oil as fuel is located in
the machinery space, there shall be a 160-B fire extinguisher installed
instead of the 120-B fire extinguisher.
    (f) In this section, any reference to a fire extinguisher means
approved by the Coast Guard.

Sec.  167.45-60  [Amended]

0
103. In Sec.  167.45-60(a), remove the text ``the Mine Safety and
Health Administration (MSHA) and by''.
0
104. Revise Sec.  167.45-65 to read as follows:

Sec.  167.45-65  Portable fire extinguishers in accommodation spaces.

    All nautical school ships shall be provided with such number of
good and efficient portable fire extinguishers approved by the Coast
Guard as follows:
    (a) Nautical school ships less than 150 feet in length shall have
at least two 2-A fire extinguishers on each passenger deck.
    (b) Nautical school ships 150 feet and over in length shall be
provided with at least one 2-A fire extinguisher for every 150 linear
feet of corridor length or fraction thereof in the spaces occupied by
passengers and crew.
    (c) In all public spaces fire extinguishers shall be located not
more than 150 feet apart.
0
105. Amend Sec.  167.45-70 by:
0
a. Removing paragraphs (a), (b), and (c);
0
b. Redesignating paragraphs (d) and (e) as paragraphs (a) and (b),
respectively;
0
c. In new paragraph (b), removing the words ``in still'' and adding, in
their place, the words ``it is still in''; removing the words ``it the
cartridge'' and adding, in their place, the words ``if the cartridge'';
and removing the word ``gage'' and adding, in its place, the word
``gauge''; and
0
d. Adding paragraph (c) to read as follows:

Sec.  167.45-70  Portable fire extinguishers, general requirements.

* * * * *
    (c) In addition to the required extinguishers in this part, each
vessel shall carry no less than 10 percent spare extinguishers or
charges for each size and variety of fire extinguisher, with a minimum
of one for each size and variety of extinguisher.
0
106. Add Sec.  167.45-71 to read as follows:

Sec.  167.45-71  Exemptions to the requirements of portable fire
extinguishers required for vessels constructed before August 22, 2016.

    Vessels contracted for before August 22, 2016, must meet the
following requirements:
    (a) Previously installed portable and semi-portable fire
extinguishers with extinguishing capacities smaller than what is
required in part 167 need not be replaced and may be continued in
service so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
    (b) All new equipment and installations must meet the applicable
requirements in this part for new vessels.

Sec.  167.45-75  [Amended]

0
107. In Sec.  167.45-75, after the words ``approved by the Coast
Guard'', remove the words ``or the Navy''.

PART 169--SAILING SCHOOL VESSELS

0
108. The authority citation for part 169 is revised to read as follows:

    Authority:  33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L.
103-206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 793; DHS Delegation 00170.1, Revision No. 01.3, paragraph
(II)(73), (92); Sec.  169.117 also issued under the authority of 44
U.S.C. 3507.

0
109. In Sec.  169.567, in the table in paragraph (a), revise the last
entry to read as follows:

                             Table 169.567(a)--Required Portable Fire Extinguishers
----------------------------------------------------------------------------------------------------------------
                                                                Portable fire extinguishers
                  Space                   ----------------------------------------------------------------------
                                                 Minimum required rating              Quantity and location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *

                                                  * * * * * * *

                                                  * * * * * * *

                                                  * * * * * * *

                                                  * * * * * * *
                                           40-B:C.............................  10 percent of the required
                                                                                number, rounded up.
----------------------------------------------------------------------------------------------------------------

0
110. Add Sec.  169.568 to read as follows:

Sec.  169.568  Exemptions to the requirements of portable fire
extinguishers required for vessels constructed before August 22, 2016.

    Vessels contracted for before August 22, 2016, must meet the
following requirements:
    (a) Previously installed portable and semi-portable fire
extinguishers with extinguishing capacities smaller than what is
required in this subpart need not be replaced and may be continued in
service so long as they are maintained in good condition to the
satisfaction of the Officer in Charge, Marine Inspection.
    (b) All new equipment and installations must meet the applicable
requirements in this part for new vessels.

Sec.  169.717  [Amended]

0
111. InSec.  169.717(a)(1), remove the text ``the Mine Safety Health
Administration (MSHA) and by'' and remove the text ``by MSHA and
NIOSH''.

PART 181--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

0
112. The authority citation for part 181 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.3,
paragraph (II)(92).

0
113. In Sec.  181.500, in the table in paragraph (b), revise the fourth
entry to read as follows:

                             Table 181.500(b)--Required Portable Fire Extinguishers
----------------------------------------------------------------------------------------------------------------
                                                                Portable fire extinguishers
                  Space                   ----------------------------------------------------------------------
                                                 Minimum required rating              Quantity and location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *

                                                  * * * * * * *

                                                  * * * * * * *
Accommodation Space......................  2-A................................  1 each for each 2,500 square
                                                                                feet (232.3 square meters) or
                                                                                fraction thereof.

                                                  * * * * * * *

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 195--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS

0
114. The authority citation for part 195 is revised to read as follows:

    Authority: 46 U.S.C. 2113, 3306, 3307; 49 U.S.C. App. 1804; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation
00170.1, Revision No. 01.3, paragraph (II)(92).

Sec.  195.40-1  [Amended]

0
115. In Sec.  195.40-1 remove paragraph (h).

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

0
116. The authority citation for part 199 is revised to read as follows:

    Authority:  46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat.
2439; DHS Delegation 00170.1, Revision No. 01.3, paragraph (II)(92).

0
117. Revise Sec.  199.190(j) to read as follows:

Sec.  199.190  Operational readiness, maintenance, and inspection of
lifesaving equipment.

* * * * *
    (j) Maintenance of falls. Each fall used in a launching appliance
must--
    (1) Be inspected annually with special regard for areas passing
though sheaves; and
    (2) Be renewed when necessary due to deterioration or at intervals
of not more than 5 years, whichever is earlier.
* * * * *

    Dated: April 14, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2023-08400 Filed 5-22-23; 8:45 am]
BILLING CODE 9110-04-P