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89 FR 82131, Oct. 9, 2024, unless otherwise noted.
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(a) The requirements in paragraphs (b) through (e) of this section apply to the discharge from fire protection equipment, including discharges for secondary purposes (e.g., anchor and anchor chain rinsing and deck washdown). As specified in § 139.1(b)(3), these requirements do not apply to discharges from fire protection equipment when used for emergencies or when compliance with such requirements would compromise the safety of the vessel or life at sea.
(b) The discharge of fluorinated firefighting foam is prohibited unless required for certification or inspection under 46 CFR 31.10 through 31.18(c), 46 CFR 107.235(b)(4), or by the marine inspector to ensure vessel safety and seaworthiness.
(c) The discharge from fire protection equipment to ensure operability (e.g., during testing, training, maintenance, inspection, or certification) is prohibited in port unless:
(1) The intake is drawn from surrounding waters or a potable water supply and contains no additives (e.g., firefighting foam); or
(2) Required in port by the Secretary for certification or inspection under 46 CFR 31.10 through 31.18(c), 46 CFR 107.235(b)(4), or by the marine inspector to ensure vessel safety.
(d) The discharge from fire protection equipment for secondary uses is prohibited in port unless:
(1) The intake is drawn from surrounding waters or a potable water supply and contains no additives (e.g., firefighting foam); and
(2) The discharge meets applicable requirements under this part for the secondary use.
(e) Additional requirements applicable to discharges from fire protection equipment when a vessel is operating in federally-protected waters are contained in § 139.40(g).