(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. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(b) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org.

(1) NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009, IBR approved for § 162.039-2(a).

(2) [Reserved]

(c) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, http://www.ul.com.

(1) UL 8, Standard for Safety for Water Based Agent Fire Extinguishers, Sixth Edition, dated February 28, 2005, as amended through July 27, 2010, IBR approved for § 162.039-3(a).

(2) UL 154, Standard for Safety for Carbon-Dioxide Fire Extinguishers, Ninth Edition, dated February 28, 2005, as amended through November 8, 2010, IBR approved for § 162.039-3(a).

(3) UL 299, Standard for Safety for Dry Chemical Fire Extinguishers, Eleventh Edition, dated April 13, 2012, IBR approved for § 162.039-3(a).

(4) UL 626, Standard for Safety for Water Fire Extinguishers, Eighth Edition, dated February 28, 2005, as amended through November 8, 2010, IBR approved for § 162.039-3(a).

(5) UL 711, Standard for Safety for Rating and Fire Testing of Fire Extinguishers, Seventh Edition, dated December 17, 2004, as amended through April 28, 2009, IBR approved for §§ 162.039-2(a) and 162.039-3(a).

(6) UL 2129, Standard for Safety for Halocarbon Clean Agent Fire Extinguishers, Second Edition, dated February 28, 2005, as amended through March 30, 2012, IBR approved for § 162.039-3(a).

(a) Portable and semi-portable extinguishers must be marked with a combined number and letter designation. The letter designates the general class of fire for which the extinguisher is suitable as identified in NFPA 10 (incorporated by reference, see § 162.039-1). The number indicates the relative extinguishing potential of the device as rated by UL 711 (incorporated by reference, see § 162.039-1).

(b) [Reserved]

(a) In addition to the requirements of this subpart, every semi-portable fire extinguisher must be tested and listed for marine use by a recognized laboratory as defined in 46 CFR 159.001-3, and must comply with the following standards (incorporated by reference, see § 162.039-1), as appropriate:

(1) UL 8;

(2) UL 154;

(3) UL 299;

(4) UL 626;

(5) UL 711; and

(6) UL 2129.

(b) Every semi-portable fire extinguisher must be self-contained; when charged, it must not require any additional source of extinguishing agent or expellant energy for its operation during the time it is being discharged. It must weigh more than 50 pounds, when fully charged.

(c) Every semi-portable fire extinguisher must be supplied with a suitable bracket which will hold the extinguisher securely in its stowage location on vessels or boats, and which is arranged to provide quick and positive release of the extinguisher for immediate use.

(d) Every semi-portable extinguisher may be additionally examined and tested to establish its reliability and effectiveness in accordance with the intent of this specification for a “marine type” semi-portable fire extinguisher when considered necessary by the Coast Guard or by the recognized laboratory.

(a) In addition to all other markings, every semi-portable extinguisher must bear a label containing the “marine type” listing manifest issued by a recognized laboratory. This label will include the Coast Guard approval number, thus: “Marine Type USCG Type Approval No. 162.039/______.”

(b) All such labels are to be obtained only from the recognized laboratory and will remain under its control until attached to a product found acceptable under its inspection and labeling program.

(a) A list of recognized independent laboratories that can perform approval tests of semi-portable fire extinguishers is available from the Commandant and online at http://cgmix.uscg.mil.

(b) [Reserved]

(a) Full examinations, tests, and inspections to determine the suitability of a product for listing and labeling, and to determine conformance of labeled product to the applicable requirements are conducted by the recognized laboratory. Whenever any work is being done on components or the assembly of such product, the manufacturer shall notify the recognized laboratory in order that an inspector may be assigned to the factory to conduct such examinations, inspections, and tests as to satisfy himself that the quality assurance program of the manufacturer is satisfactory, and that the labeled product is in conformance with the applicable requirements.

(b) Manufacturers of listed or labeled marine type semiportable fire extinguishers shall maintain quality control of the materials used, manufacturing methods, and the finished product so as to meet the applicable requirements, and shall make sufficient inspections and tests of representative samples of the extinguishers and various components produced to maintain the quality of the finished product. Records of tests conducted by the manufacturer shall be made available to the laboratory inspector or to the Coast Guard marine inspector, or both, for review upon request.

(c) Followup check tests, examinations, and inspections of product listed and labeled as a “marine type” semiportable fire extinguisher acceptable to the Commandant as approved for use on merchant vessels and motorboats may be conducted by the Coast Guard, as well as by the recognized laboratory.

(d) The laboratory inspector, or the Coast Guard merchant marine inspector assigned by the Commander of the District in which the factory is located, or both, shall be admitted to any place in the factory where work is being done on listed or labeled product, and either or both inspectors may take samples of parts or materials entering into construction, of final assemblies, for further examinations, inspections, or tests. The manufacturer shall provide a suitable place and the apparatus necessary for the performance of the tests which are done at the place of manufacture.

(a) Manufacturers having models of extinguishers they believe are suitable for marine service may make application for listing and labeling of such product as a “marine type” semi-portable fire extinguisher by addressing a request directly to a recognized laboratory. The laboratory will inform the submitter as to the requirements for inspections, examinations, and testing necessary for such listing and labeling. All costs in connection with the examinations, tests, and inspections, listings and labelings are payable by the manufacturer.

(b) [Reserved]

(a) Listing or labeling as a marine type semiportable fire extinguisher acceptable to the Commandant as approved for use on inspected vessels or motorboats may be terminated, withdrawn, canceled, or suspended by written notice to the recognized laboratory from the Commandant, or by written notice to the manufacturer from the recognized laboratory or from the Commandant under the following conditions:

(1) When the manufacturer does not desire to retain the service.

(2) When the listed product is no longer being manufactured.

(3) When the manufacturer's own program does not provide suitable assurance of the quality of the listed or labeled product being manufactured.

(4) When the product manufactured no longer conforms to the current applicable requirements.

(b) [Reserved]