Comments regarding NPRM for D.O.T. 49 CFR Part 39

Docket OST 2007 26829

RIN 2105-AB87

Transportation for Individuals With Disabilities: Passenger Vessels

To Whom It May Concern:

South Carolina Maritime Foundation is a non-profit 501 (c) (3)
organization that runs the 46 CFR Sub Chapter T certified Spirit of
South Carolina. The vessel is predominantly used as an educational
platform for the students of South Carolina.

South Carolina Maritime Foundation\'s total employee number varies
throughout the course of the year, but never exceeds 30 individuals.
This includes vessel's crew, office staff and special event staff. The
vessel's crew rotates every 4 months, with the exception of 2 Captains
and Chief Mate that are employed year round, either on the ship or in
the office.

During the spring and fall the SoSC operates throughout coastal South
Carolina engaged in programs for 5th through 8th graders. Our total day
capacity is 50, which allows for crew/educators of 10 and up to 40
students and chaperones. During the winter we operate out of Charleston
sailing to the Northern Caribbean and Bahamas with High School age
students. During the summer we operate out of Portland, ME sailing New
England and the Canadian Maritime with High School age students.

The Spirit of South Carolina is an historic reproduction of a late
1800\'s pilot schooner. The nature of the vessel\'s operation is total
student immersion in becoming crew, and experiencing the hardships and
challenges of life at sea. This includes standing watch in the middle of
the night, working sails, examining spaces of the ship for
seaworthiness, working in the rigging and many other mentally and
physically challenging activities. The goal of these programs is allow
the students to grow and achieve at a higher level than they thought
themselves capable of.

Our current policy is to make the best effort possible to accommodate
people with disabilities in our programs, within the restraint of undue
economic burden, and being able to meet our operations goals to serve
the students of South Carolina. We have had both disabled groups and
individuals participate in our programs. This is overseen by the full
time employee supervisors, with full knowledge of our policies and plans
pertaining to accommodating persons with disabilities.

Our class of historically inspired sailing vessel is unique in the
passenger trade in that the ability to work with the sails and contend
with the challenges of the sea are inherent to the experience that the
passengers should expect. This experience is not transportation from one
point to another, but the trip itself, and everything that comes with
it, is the experience.

Reference: Federal Register/Vol. 72, No. 14/Tuesday, January 27, 2007
Proposed Rules -- 39.31, 39.33, 39.35

Non-disclosure, and no advance notice of a disability on a sailing
vessel, where the passengers are expected to participate in some, and
sometimes all, aspects of running the sailing vessel, has a high
potential of danger for the disabled person and the crew and passengers
working with them. Sailing vessels by their nature are moving, noisy,
sloped surfaces where you are constantly exposed to the weather. If we
do not know a person's limitations, we cannot plan to compensate for
those limitations. For example, a person placed on look out with limited
vision capability, may not spot an obstruction in the water. A person
with reduced hearing may not hear commands or safety instructions. A
person with limited mobility may be asked to do something beyond their
capability, and possibly hazardous. It is our intention, and track
record, to provide accommodations to any South Carolina student,
regardless of disabilities, but we submit that due to the nature of our
program and vessel, that it is in the best interest of all to allow us
to require full disclosure of disabilities prior to a voyage.

Reference: Federal Register/Vol. 72, No. 14/Tuesday, January 27, 2007
Proposed Rules --39.37

Part of accommodating a disabled person to participate in our programs,
may be having to require an assistant to help with communication, safety
and personal issues. As we are a small non-profit organization, and
operated on a very tight budget, it would be an economic burden if we
were expected to find and pay for this person. We submit that the
disabled person's own resources are generally going to be better then
our own for locating this assistant. As always, we are committed to
finding economic assistance for those in need.

Conclusion:

The Spirit of South Carolina is representative of dozens of vessels,
operating under the regulatory umbrella of Small Passenger Vessel, as a
non profit and serving students in an educational function. (See the
American Sail Training Association web site for more information on
vessels operating in the same fashion) Historic Sailing vessels
currently have an excellent record of providing accommodation for
persons of disability. Imposing these regulations would, instead of
creating greater access, turn a reasonable, well planned, safe and
fulfilling voyage into a potentially dangerous trip. We submit that
these rules, while well intentioned, do not fit this scenario, and that
we be allowed exemption.

Thank you for your consideration in this matter.

Captain Tony Arrow

Director of Marine Operations

South Carolina Maritime Foundation