51326 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 170, 171, and 173 and

Chapter I, Subchapters K and T

[CGD 85–080]

RIN 2115–AC 22

Small Passenger Vessel Inspection

and Certification

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is adopting,

as a final rule with some changes, the

interim final rule which completely

revised the regulations affecting small

passenger vessels of less than 100 gross

tons. This rule creates a separate

subchapter for small passenger vessels

carrying more than 150 passengers or

having overnight accommodations for

more than 49 passengers, provides

additional alternatives to certain

required lifesaving equipment, adopts

additional industry standards, and

establishes new upper-limit breakpoints

above which a passenger vessel of less

than 100 gross tons must comply with

the same construction and outfitting

requirements applicable to a passenger

vessel of 100 gross tons or more. It also

updates the regulations to accommodate

the advanced technology, larger size,

and increased passenger-carrying

capacity of small passenger vessels.

DATES: This rule is effective October 30,

1997. The incorporation by reference of

certain publications listed in the rule is

approved by the Director of the Federal

Register on October 30, 1997.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the office of the

Executive Secretary, Marine Safety

Council (G–LRA/3406), U.S. Coast

Guard Headquarters, 2100 Second Street

SW., room 3406, Washington, DC

20593–0001 between 9:30 a.m. and 2

p.m., Monday through Friday, except

Federal holidays. The telephone number

is 202–267–1477.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Eric P. Christensen, Project

Manager, Office of Operating and

Environmental Standards, (G–MSO–2),

phone 202–267–1181, telefax 202–267–

4570.

SUPPLEMENTARY INFORMATION:

Regulatory History

A Notice of Proposed Rulemaking

(NPRM), published in the Federal

Register (54 FR 4412) of January 30,

1989, contained a proposed revision of

46 CFR chapter I, subchapter T,

concerning the inspection and

certification of small passenger vessels.

The NPRM also proposed a revision to

those portions of 46 CFR chapter I,

subchapter S, affecting the subdivision

and stability of small passenger vessels.

The NPRM comment period was

originally scheduled to expire on May

31, 1989, but was extended to July 31,

1989. Public meetings were held on the

NPRM in Washington, DC, St. Louis,

New Orleans, San Francisco, Chicago,

and Boston. Over 225 people attended

and 116 presented their views at the

meetings.

The Coast Guard received over 300

comment letters on the NPRM providing

both support and criticism of the

various proposed changes. Based on the

comments received, the Coast Guard

published a Supplemental Notice of

Proposed Rulemaking (SNPRM) (59 FR

1994) on January 13, 1994. The SNPRM

significantly changed the NPRM by

proposing (1) the creation of a separate,

new subchapter (46 CRF chapter I,

subchapter K) just for small passenger

vessels carrying more than 150

passengers or having overnight

accommodations for more than 49

passengers; (2) alternatives to certain

required lifesaving equipment; (3)

greater recognition of industry

standards; and (4) the establishment of

new upper limits above which a vessel

would have to comply with the

construction and outfitting requirements

applicable to a passenger vessel of more

than 100 gross tons. During the 150 day

comment period, the Coast Guard

received over 160 letters raising over

900 separate issues. Public meetings

were held on the SNPRM in New

London, Seattle, Chicago, Annapolis,

Tampa, Cincinnati, and Long Beach.

Over 225 persons attended and 80

presented their views at the meetings.

On January 10, 1996, the Coast Guard

published an Interim Final Rule (IFR) in

the Federal Register (61 FR 864). During

the 150 day comment period, the Coast

Guard received 37 letters containing

over 350 comments. Public meetings

were held on the IFR in St. Louis,

Oakland, Mobile, and New Haven. Over

130 persons attended and 36 members

of the public presented their views on

the IFR at the meetings.

Background and Purpose

Subchapter T contained the

regulations for the inspection and

certification of small passenger vessels,

including requirements for construction,

outfitting of lifesaving and fire

protection equipment, machinery and

electrical installations, and operations.

Since the subchapter’s last major

revision in 1963, significant changes

have occurred affecting the small

passenger vessel fleet, including (1)

statutory changes, (2) increases in vessel

size and passenger carrying capacity,(3)

increases in the services offered by the

owners and operators of small passenger

vessels, (4) expansions of vessel routes,

and (5) technological advances.

Consequently, this rulemaking is

necessary to respond to these changes.

Summary of Changes to the IFR

This final rule adopts, as is, the

interim final rule published on January

10, 1996, with the following notable

changes:

(1) Small passenger vessels are no

longer grouped into three categories for

regulatory purposes, as provided in the

IFR. Separate treatment of small

passenger vessels carrying more than

600 passengers or having overnight

accommodations for more 150

passengers (the group known as ‘‘K1’’ or

‘‘K prime’’) has been removed. In this

final rule, all small passenger vessels are

grouped into two categories. Vessels

carrying more than 150 passengers or

having overnight accommodations for

more than 49 passengers are under

subchapter K (46 CFR parts 114 through

122). All other small passenger vessels

are under subchapter T (46 CFR parts

175 through 185).

(2) The only change to the IFR that

could have a substantial economic

impact results from the removal of the

K1 category. It is the requirement for

stairtowers landing areas, which is

restored for vessels having overnight

accommodations for more than 49

passengers. However, because this type

of vessel was built to the guidelines in

Coast Guard NVIC 11–83 (‘‘Regulations

for Very Large 46 CFR Subchapter T

Vessels’’), which called for stairtower

landing areas in accordance with

subchapter H, this change will have no

affect on existing vessels. In addition, it

will provide consistency for boat

builders who have built this type of

vessel for the past 13 years.

The remaining changes, for the most

part, are made to realign the text after

the removal of the K1 category, to

correct errors in the Code of Federal

Regulations, and to fine-tune the IFR in

response to comments.

Discussion of Comments and Changes

(a) General.

(1) Eleven comments recommended

that the breakpoint between subchapter

K and K′ be raised from 600 to 1,000

passengers to be in line with two

compartment subdivision. Two

comments noted that over the course of

the rulemaking process, several vessels

have been built which would fall into
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51327

the K′ category (600+ passengers).

Though not required to be built to the

extensive subchapter H standards

(passenger vessels of 100 gross tons or

more) called for in K′ these vessels have

operated safely for years, and it was

recommended that the breakpoint for

these vessels be increased to 1,000

passengers.

The Coast Guard partially agrees.

Two-compartment subdivision begins at

600 passengers. Of the 450 subchapter K

vessels identified in the IFR, only 35

carried over 600 passengers. Some of

these vessels were built as far back as

1944. The operating record of these

vessels is satisfactory. However, the

Coast Guard is concerned with the trend

of building larger vessels by

manipulating the exemptions to the

tonnage rules. The Coast Guard has

determined that additional requirements

for vessels carrying overnight or large

numbers of passengers are appropriate.

However, the Coast Guard agrees that

adherence to all of the requirements in

subchapters H, F, and J is not warranted

on small passenger vessels.

NVIC 11–83, ‘‘Regulations for very

large 46 CFR Subchapter T vessels,’’

identified additional safety

requirements for vessels carrying more

than 49 overnight passengers that could

be applied by the OCMI based on the

increased size of the vessel. These

additional requirements were taken

from subchapters F, H, J and S. In July,

1995, Change 1 to the NVIC added

vessels carrying more than 600

passengers to the NVIC’s applicability.

Many of the recommendations

contained in the NVIC were

incorporated into subchapter K under

the SNPRM and IFR. The Coast Guard

stated that subchapter K was to be the

middle ground between traditional

small passenger vessels under

subchapter T and large passenger

vessels under subchapter H.

In order to determine a course of

action, the Coast Guard compared the

recommendations of NVIC 11–83,

including Change 1, to the regulations

contained in the IFR for subchapter K

and K′ vessels. In addition, vessels

identified in the Marine Safety

Information System (MSIS) as carrying

more than 600 passengers and

admeasuring less than 100 gross tons

had their systems and equipment

compared to the NVIC. Based upon

these reviews, the Coast Guard decided

to eliminate the K′ thresholds and place,

in subchapter K, additional

requirements on vessels carrying more

than 600 passengers to focus on the

safety concerns of larger vessels. The

elimination of 200 feet and 150

overnight passenger thresholds from

subchapter K was based on the data

collected by the Coast Guard. Only 3 of

the vessels identified were over 200 feet

in length. This equates to less than a

tenth of one percent of the total small

passenger vessel fleet of over 5,500

vessels. Clearly, it is not the industry

standard to build vessels over 200 feet

that admeasure less than 100 gross tons.

As for the elimination of the 150

overnight passenger threshold, the Coast

Guard has determined that the

additional requirements, formerly

applied in accordance with NVIC 11–83

to vessels carrying more than 49

overnight passengers and now included

in this rule, are appropriate for small

passenger vessels carrying more than

150 overnight passengers. The Coast

Guard has identified only one vessel,

the QUEEN OF THE WEST, that is a

subchapter K vessel carrying more than

150 overnight passengers.

Specific changes to the subchapter K

regulations include the requirements for

an independently-driven fire pump, two

electrical generating sets, exit lights,

floodlights for lifeboat and liferaft

embarkation stations, and emergency

lighting for vessels carrying more than

600 passengers. These requirements

already exist in the IFR for vessels

carrying more than 49 overnight

passengers. In addition, stairtower

landing area requirements for vessels

carrying more than 600 passengers have

been placed in § 116.438, and fire

hydrant requirements have been placed

in § 118.310. The fire hydrant valve

requirement was believed to be omitted

from the IFR and is considered good

marine practice.

Both the stairtower and fire main

requirements were contained in NVIC

11–83. Therefore, the Coast Guard has

determined that the changes in the final

rule should have no impact on vessels

carrying more than 49 overnight

passengers because this type of vessel

has been designed and built to the NVIC

for over 13 years.

The Coast Guard has determined that

by specifically addressing the additional

requirements in subchapter K, rather

than referring to part 72 in subchapter

H for structural fire protection or to

applicable parts of subchapters F and J

for machinery and electrical

requirements, a consistent minimum

level of safety is achieved. It also

eliminates confusion in interpreting the

word ‘‘applicable.’’ In addition, the

Coast Guard has determined that

although this is a relatively significant

change to the regulations, the overall

impact to the subchapter K vessel fleet

is a reduction in regulations for

constructing vessels carrying more than

600 passengers.

(2) Two comments recommended that

indices for subchapters K and T be

added to title 46, Code of Federal

Regulations. They appear in the October

1, 1996, edition of title 46.

(3) Two comments noted that these

regulations have not used

grandfathering as extensively as in

previous regulations despite the absence

of specific dangers to public safety.

As discussed in the preambles of the

NPRM and SNPRM, the Coast Guard

considers the use of grandfathering and

phase-in periods in this rule

appropriate. The Coast Guard uses

grandfathering extensively in this rule.

Existing vessels are grandfathered for

construction and arrangement,

electrical, and machinery requirements

unless the vessel undergoes a major

conversion or adds new equipment.

Additional requirements in firefighting,

lifesaving, and vessel operations (crew

training) are considered appropriate.

The Coast Guard acknowledges that the

small passenger vessel industry is safe;

however, casualties still occur and life

and property are lost as a result. The

revised regulations contained in the IFR

and final rule will result in an increased

level of safety for passengers and crew

alike.

(4) Two comments asked for a list of

all documents, such as Navigation and

Vessel Inspection Circulars (NVIC’s),

Policy File Memorandums from G–MCO

(formerly G–MVI), Coast Guard

Headquarters (HQ) policy letters, and

Marine Safety Manual (MSM) sections,

that are canceled or revised as a result

of this rule. They are:

NVIC 11–83 with Change 1

‘‘Regulations for Very Large 46 CFR

Subchapter T Passenger Vessels’’

(Canceled).

G–MVI Policy letter 13–86

‘‘Certificated Small Passenger Vessels

Carrying Six or Less Passengers’’

(Canceled).

G–MVI Policy letter 22–89

‘‘Watertight Doors in Subdivision

Bulkheads on Small Passenger Vessels’’

(Canceled).

G–MVI Policy letter 16–93 ‘‘Drydock

Extensions for Small Passenger Vessels

(T-Boats)’’ (Canceled).

G–MVI Policy letter 05–95 ‘‘Policy on

Rail Heights for Passenger Vessels and

Small Passenger Vessels’’ (Revised).

Policy File Memorandum (PFM) 1–94

on very low fire load options (still in

effect and will be incorporated into

NVIC 6–80 on structural fire protection).

(5) Two comments concerned 46 CFR

chapter I, subchapter Q, which contains

requirements for the specification and

approval of equipment, construction,

and materials and which is referenced

in subchapters K and T. They
51328 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

recommend that subchapter Q be

repealed because the practice of

approving equipment is outdated in this

age of comprehensive consensus

standards, corporate quality control, and

the rapidly evolving technology in

materials and innovative equipment.

The Coast Guard disagrees that

subchapter Q is unnecessary. Where

certain items of equipment are required

by statute or regulation to be carried on

a vessel, the Coast Guard equipment

approval system is an invaluable

resource for ship operators who would

otherwise be uncertain if a particular

item would be acceptable. It ensures

that requirements are applied uniformly

to all vessels and eliminates the need for

case-by-case evaluations by an Officer in

Charge, Marine Inspection (OCMI).

Some specifications in subchapter Q are

outdated and in need of revision.

However, acceptance standards are still

needed to ensure that critical materials

and equipment meet minimum national

or international safety standards. As

resources allow, the Coast Guard

intends to revise subchapter Q to

maximize the use of performance

standards and suitable industry

consensus standards. The Coast Guard

is very active in encouraging and

assisting in the development of industry

and international standards.

(6) Two comments suggested that the

recommendations of the National

Transportation Safety Board (NTSB)

(M–95–37 through 39) resulting from

the ARGO COMMODORE casualty

should be implemented before

publishing a final rule.

The Coast Guard has provided a

response to the NTSB regarding those

recommendations. The

recommendations were considered in

developing these regulations; however,

problems surrounding the onboard

firefighting efforts in this casualty were

more related to personnel and training

than to equipment.

(7) Two comments asked why there

were 55 outstanding NTSB requirements

concerning the safety of small passenger

vessels.

The Coast Guard has resolved

virtually all of the previously

outstanding NTSB recommendations

concerning small passenger vessels.

(8) Six comments stated that there

were too many new regulations;

industry cannot take any more.

The Coast Guard notes that many of

the rulemaking projects published in the

last year have centered around the

adoption of industry standards and the

removal of obsolete regulations. These

regulations are designed to ease the

burden on industry. Other new

rulemakings, such as the

implementation of the International

Convention on Standards of Training,

Certification and Watchkeeping for

Seafarers (STCW) and the revision of 46

CFR chapter I, subchapter W,

(Lifesaving Appliances) are in response

to changes in the International

Convention for the Safety of Life at Sea,

1974, (SOLAS) and are mandated by

international treaty. Where possible, the

Coast Guard tries to minimize the

impact of SOLAS amendments on the

domestic fleet. The small passenger

vessel rulemaking has been in

development since 1985 and industry

has commented on three different

versions of proposed and interim

regulations. Because of the extensive

public participation in this rulemaking

at the 17 public meetings and by the

submission of written comments, the

new small passenger vessel regulations

will be a viable, flexible standard for the

next 30 years.

(9) One comment recommended that

the operators of passenger vessels be

held accountable for the safety of the

passengers who consume alcoholic

beverages on the vessels.

The master is already responsible for

the safety of the passengers and crew on

board the vessel. The Coast Guard has

determined that additional regulations

are not required to clarify this point.

(10) One comment noted that accident

and risk analysis criteria needed to be

better developed if used in developing

regulations. The comment also noted

that the statistics for passenger vessel

casualties included foreign flag vessels.

The comment stated that 35 percent of

casualties occurred on diving boats

where the casualty had nothing to do

with the vessel’s equipment. In

addition, a number of casualties were

dockside and had nothing to do with the

operation of the vessel. It recommended

that the Coast Guard rethink how it

handles casualties. Just because vessels

are getting bigger does not mean that

they are not as safe.

The Coast Guard notes that there are

several related efforts that have been

undertaken to improve risk analysis.

They are as follows:

(a) A Risk-Based Technologies (RBT)

Management Team has been established

to guide risk analysis development. The

RBT Management Team is coordinating

the risk activities of the Coast Guard

Headquarter’s Office of Marine Safety

with reference to other government

agencies and the International Maritime

Organization (IMO).

(b) A Marine Board study entitled

‘‘Risk Assessment and Management of

Marine Systems’’ and is slated to be

completed in mid 1997. The goal of this

project is to learn to understand and use

the different risk assessment

methodologies.

(c) An internal instruction providing

guidance in risk-based decision-making

to the Captain of the Port (COTP), due

in December 1997, will provide

technical and administrative guidance

to the field on how risk assessment and

management can and should be used in

support of Commandant (G–M)’s

Business Plan goals.

(d) The Marine Safety Evaluation

Program (MSTEP) is based on the use of

risk-based technologies and is designed

to improve the current process of

assessing the safety of marine systems

that are within the Coast Guard’s

regulatory domain.

In formulating these regulations, the

Coast Guard focused on casualties to

small passenger vessels. The Coast

Guard has commended the industry

throughout the rulemaking process on

its history of safe-operations and tried to

keep new requirements narrowed to the

areas of most concern.

(b) Comments on and Changes to

Particular Provisions of the IFR

Sections 114.110 and 175.110 General

Applicability

(1) One comment recommended that

the breakpoint for subchapter T boats

carrying overnight passengers needs to

be increased from 49 to 100 passengers

based on the safe operating record of

these vessels.

The Coast Guard disagrees. Many of

the requirements for subchapter K

vessels with 50 or more overnight

passengers were in existence under the

old small passenger vessel policy in the

form of NVIC 11–83. The safe operating

record of this segment of the industry

may be the result of Coast Guard

guidelines that have been in place for

years.

(2) One comment suggested that 200

feet not be used as a breakpoint for limit

for subchapter K′. Tonnage is the self

limiting criteria. One comment stated

that the American Bureau of Shipping

(ABS) rules for vessels less than 200 feet

will be revised to apply to vessels less

than 300 feet.

The Coast Guard has determined that

gross tonnage is not a self-limiting

criteria. While the Coast Guard agrees

that an upper size-limit is necessary to

address manning and passenger safety

concerns, historically, small passenger

vessels rarely exceed 200 feet in length.

According to Coast Guard data, the

longest subchapter K vessel is 230 feet.

The Coast Guard has determined that

the requirements applicable to vessels

carrying more than 600 passengers or

more than 49 overnight passengers

adequately address the minimum
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51329

construction and equipment

requirements for larger, small passenger

vessels. Future rulemakings regarding

alternate tonnage will set a size

threshold for subchapter K vessels and

maintain the subchapter-K-class vessel

as the middle ground between vessels

under subchapters T and H. Once the

ABS Rules are published, the Coast

Guard will consider incorporating the

new rules by reference in these

regulations.

(3) One comment recommended that

the applicability sections of these

regulations be aligned with the

Passenger Vessel Safety Act of 1993.

The Coast Guard agrees and the

regulations in §§ 114.110 and 175.110

have been so aligned.

Sections 114.400 and 175.400

Definitions of Terms Used in This

Subchapter

(1) One comment recommended that

the definition of ‘‘accommodation

space’’ be revised to allow space-heating

equipment with an element temperature

in excess of 250 °F (121 °C).

The Coast Guard concurs. The intent

of the 121 °C temperature limitation was

to ensure that cooking equipment

normally associated with a galley would

not be installed in an accommodation

space. The definition of

‘‘accommodation space’’ has been

amended to use the same terminology as

the definition of ‘‘galley.’’

(2) One comment suggested that the

definition of ‘‘cold water’’ allow for

more OCMI discretion for vessels that

operate in cold water for only a couple

of months of the year.

The Coast Guard disagrees because

the OCMI has adequate authority under

§ 114.550 to give special consideration

to the application of the cold water

requirements if warranted by the

circumstances.

(3) Four comments noted that, under

the definition of ‘‘exposed waters,’’ the

definition for winter season in the Great

Lakes infers that all waters inside 20

nautical miles are partially protected

waters. The definition of ‘‘partially

protected waters’’ does not contradict

this. The comment asked if the change

was intended.

The definition of ‘‘exposed waters’’

for the Great Lakes did not change with

the publication of the IFR. OCMI’s have

always had the authority to declare

certain waters within 20 miles of a

harbor of safe refuge exposed for the

purpose of stability.

(4) One comment noted that the

definition of ‘‘hardwood,’’ as used in the

wood industry, is not based on specific

gravity. The performance intended is

the resistance to fire and hardwoods

normally possess good fire-resistance

qualities. In general, hardwoods have

specific gravity between 0.5 and 0.8.

Coast Guard policy, written in 1980

(NVIC 6–80), states ‘‘oak or similar

hardwood.’’ The word ‘‘similar’’ refers

to properties involving the material’s

resistance to fire. Although it can

reasonably be concluded that dense

woods such as those with a specific

gravity in excess of 0.66 would be

resistant to fire, such a definition is not

necessary for regulatory purposes and

has not presented a problem for at least

the past 16 years.

The Coast Guard has revised the

definition to specifically mention oak

and its fire resistant properties.

(5) One comment noted that the

definition of ‘‘hazardous condition’’

includes illness of a person on board.

Though seasickness is not considered an

illness by most people in the sport

fishing community, prolonged

seasickness can have a profound effect

on a person’s ability to think clearly and

to maintain balance.

The Coast Guard agrees that

seasickness can be quite debilitating and

create a hazardous condition. If an

individual can no longer function,

possibly due to dehydration, the master

should consider either providing

medical attention on board or removing

the individual from the vessel.

(6) Four comments requested that the

definition of ‘‘High Speed Craft’’ (HSC)

be clarified. They asked if the IMO HSC

Code applies only to international

conventions? Could STCW bring in the

HSC criterion? What does the phrase

‘‘the aforementioned generality’’ mean?

Could a basic, every-day, mono-hull

boat under subchapters K and T that is

in domestic service and equipped with

extra horsepower for prolonged engine

life or operating conditions be

considered an HSC? Sections 114.540

and 175.540 state that the IMO HSC

Code can be used as an equivalent to the

requirements contained in subchapters

K and T, respectively.

The Coast Guard does not make a

determination on whether a vessel is an

HSC without the owner of the vessel

applying for HSC Code equivalency.

The requirements under STCW contain

no additional requirements for vessels

meeting the HSC Code definition.

Vessels operating on domestic voyages

are allowed to apply for the HSC

equivalency, but do not necessarily

need to receive SOLAS HSC

certification. However, once the Coast

Guard has granted HSC equivalency to

a small passenger vessel, the code must

be complied with in its entirety. In

order to avoid confusion and make the

HSC Code definition more readable, the

term ‘‘aforementioned generality’’ has

been removed.

(7) Twelve comments recommended

that paragraph (3) of the definition

‘‘major conversion’’ be deleted. The

comments remarked that operators

should not be discouraged from doing

things to substantially prolong the life of

their vessels. Normal maintenance itself

prolongs the life of a vessel. The

comments also noted that the definition

is too broad. One comment

recommended the definition be changed

to mean a conversion of a vessel that, as

determined by the Commandant,

substantially adds to the length, beam,

height, or draft of the vessel in order to

accommodate an increase of more than

15 percent of the passengers currently

authorized.

The definitions of ‘‘major conversion’’

are based upon statute. The Coast Guard

agrees that normal maintenance

prolongs a vessel’s life and supports

continuous maintenance. Normal

maintenance does not constitute a major

conversion. However, the Coast Guard

does not agree that an arbitrary 15

percent should be added to the

definition. The Coast Guard will

continue to use the current definition

and apply it to vessels on a case-by-case

basis.

(8) One comment recommended that

the last sentence of the definition of

‘‘means of escape’’ be deleted because

the terms ‘‘exit,’’ ‘‘exit access,’’ and

‘‘exit discharge’’ are not familiar to the

maritime community. The terms are

used in National Fire Protection

Association (NFPA) 101.

The Coast Guard agrees in part. A key

difference between the means of escape

under subchapters K and T and under

subchapter H is that protected escape

routes are not required in vessels

constructed to subchapter T. However,

vessels constructed to subchapters K or

H must have protected escape routes

culminating at protected areas where

passengers are separated from the effects

of fire or flooding. The terms ‘‘exit,’’

‘‘exit access,’’ and ‘‘exit discharge’’ are

intended to indicate that protected

escape routes are made up of many

differing components, including

corridors, stairways, and stairtowers,

which must provide continuously

protected access from a space to an area

of refuge. The last sentence of the

definition in subchapter T has been

deleted.

(9) Six comments recommended that

the definition of ‘‘new vessel’’ be

changed to allow vessels started before

March 11, 1996, to be completed after

September 11, 1996.

The Coast Guard advises that this

practice has been done on a case-by-case
51330 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

basis. Extending the date would only

cause confusion and another round of

appeals. By the time this rule is

published, this issue will be moot.

(10) Three comments recommended

that the definition of ‘‘pantry’’ be

aligned with the IMO definition of

pantry, which refers to a space that does

not contain heat sources with

temperatures exceeding 425°F.

The Coast Guard disagrees. The IMO

definition, as contained in SLS.17/

Circ.3, uses terms such as ‘‘appliances

consuming small amounts of electrical

power’’ and ‘‘hot plates for keeping food

warm.’’ Since these terms are somewhat

vague, they are more difficult to apply

and enforce. No changes were made to

the definition.

(11) One comment requested that

definitions for the following terms be

added to allow for better use of the

regulations and to assist personnel in

answering questions on Coast Guard

exams. The terms include ‘‘enclosed

space,’’ ‘‘partially enclosed space,’’ ‘‘fire

station,’’ ‘‘floodable length,’’ ‘‘bulkhead

deck,’’ ‘‘collision bulkhead,’’

‘‘coaming,’’ ‘‘hull strainer,’’ ‘‘hydrostatic

release unit,’’ ‘‘pendant,’’ ‘‘lifeline’’ (by

revising 46 CFR 160.010–3(g) and

160.027 to correct problems with life

float and buoyant apparatus lifelines

and pendants), ‘‘positive action valve’’

(defined so a store clerk can

understand), ‘‘pressure vessel,’’ and

‘‘ships service.’’

The Coast Guard has determined that

adding these definitions would not add

any value to the regulation. Instead of

adding a definition for ‘‘fire station,’’ the

Coast Guard has changed the term ‘‘fire

station(s)’’ to ‘‘fire hydrant(s)’’

throughout the rule. The Coast Guard is

unclear as to what the ‘‘problems’’ with

lifelines and pendants are; the current

specifications have been used

successfully since 1982. Changes to the

buoyant apparatus and lifefloat

specification subparts in subchapter Q

are beyond the scope of this rulemaking.

(12) Based on a working review and

use of the IFR, the Coast Guard has

made the following additional changes

to this section in order to correct any

errors and make it more readable. The

definition of ‘‘atrium’’ has been

modified by removing ‘‘escalator

opening’’ from the list of purposes an

atrium could not be used for to resolve

a conflict with § 116.440. Section

116.440 allows an escalator to be

installed in an atrium, provided that the

footprint of the escalator is subtracted

from opening area computations.

(13) The Coast Guard has amended

the definition of ‘‘auxiliary machinery

space’’ to include spaces that contain

refrigeration equipment.

Accordingly, spaces that contain

refrigeration equipment are removed

from the definition of ‘‘machinery

space.’’

(14) Definitions of ‘‘low risk service

space’’ and ‘‘high risk service space’’ are

amended to change motion picture

rooms from high risk to low risk. Motion

picture rooms have not posed a

significant fire risk since nitrocellulose

film was phased out several years ago.

Additionally, the break point for

cleaning gear lockers has been changed

from a fire load basis to a size and

contents basis to be consistent with the

interpretation of subchapter H.

Additionally, ‘‘small’’ cleaning gear

lockers (less than 5 square meters) may

be considered type 6 spaces if they do

not contain flammable liquids.

(15) Changes are made to the

definitions of ‘‘accommodations space,’’

‘‘high risk accommodations space,’’

‘‘overnight accommodations or

overnight accommodations space,’’ and

‘‘passenger accommodations space’’ to

recognize the addition of a type 6 space.

See the discussion on § 116.415 in this

preamble for information on the

addition of type 6 spaces.

Sections 114.540 and 175.540

Equivalents

The Coast Guard is amending

§§ 114.540(b) and 175.540(b) by

removing the word ‘‘pending’’ because

IMO adopted the HSC code on May 20,

1994.

Sections 114.560 and 175.560 Appeals

Nine comments recommended that

the Coast Guard be required to answer

industry appeals within 30 days of

receipt.

The Coast Guard acknowledges that

recent appeals, such as that for the

SCHOONER AMERICA, illustrate that

short-turnaround appeals can be

completed within 24 hours. The Coast

Guard has determined that 30 days is an

appropriate length of time for

responding to most industry inquiries or

appeals. Internally, the Coast Guard

places a 30-day due date on

correspondence received from the

public. In such a case, the respondent

should receive a response within 45

days, including mail delays. However,

some issues are more complex and

require more research and time to arrive

at an appropriate response. Conversely,

some appeals come up out of the blue

and need an immediate resolution. Like

any concern with over 10,000

customers, the Coast Guard prioritizes

tasks and accomplishes them as

resources allow. As stated in the

preamble to the IFR, a revision to 46

CFR 1.03 is beyond the scope of this

rulemaking.

Sections 114.600 and 175.600

Incorporation by Reference

Several standards incorporated by

reference have been changed to

reference the most recent edition. In

addition, based on revisions to

§§ 116.300, 177.300, and 177.410, the

ABS Guide for High Speed Craft and

MIL-R–21607E(SH) ‘‘Resins, Polyester,

Low Pressure Laminating, Fire

Retardant’’ have been added.

Sections 114.800 and 175.800

Approved Equipment and Material.

The statement regarding equipment

approvals in §§ 114.800 and 175.800 has

been deleted by the Coast Guard,

because this practice has not been done

in years.

Sections 115.107 and 176.107 Period

of Validity.

Eight comments expressed concern

over inspection creep. The comments

recommended that the Certificate of

Inspection (COI) should expire on the

last day of the month and year of

inspection. An additional comment

suggested that, with the three-year

inspection interval, operators have an

opportunity to enter into a trial

streamline-inspection program.

Reinspections could be done by the

company and the Coast Guard could

monitor the effectiveness of the

inspection program during the vessel’s

triennial exam.

The Coast Guard notes that the threeyear inspection interval is statutory in

nature. The Coast Guard’s Compliance

Division (G-MOC) is examining the

feasibility of establishing policies to

reduce inspection creep. The

streamlined-inspection program is being

addressed under a separate Coast Guard

rulemaking (CGD 96–055) and is beyond

the scope of the this rulemaking.

Sections 115.113 and 176.113

Passengers Permitted

Two comments stated that existing

vessels would suffer capacity losses

under the criteria which establishes

additional exceptions to the rail and

area rules of thumb. They stated that,

because there was no problem with the

old system of determining passenger

capacity, there is no need for change.

The prohibition of length of rail

criteria used in conjunction with either

fixed seating or deck area is not

understood. The Coast Guard states that

the new sections merely clarify what

has been accepted practice by the Coast

Guard for many years. Length of rail

criteria was not allowed to be combined
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51331

with deck area or fixed seating under

old § 176.01–25(b). Existing vessels

should not be affected by this

clarification of the old requirement.

Sections 115.114 and 176.114

Alternative Requirements for a Vessel

Operating as Other Than a Small

Passenger Vessel

(1) Three comments stated that, to be

of any value to the industry, the ability

to operate as other than an inspected

vessel must come without the route,

manning, and other restrictions in

paragraph (c) of these sections.

The Coast Guard disagrees. The

operating endorsements required under

paragraphs (c) are placed on the COI to

ensure the vessel meets the

requirements for the intended

uninspected service.

(2) Two comments stated that the

wording is confusing and the intent of

these sections needs to be explained in

the preamble.

As stated in the preambles of the

NPRM, SNPRM, and IFR, the intent of

this section is to allow an inspected

small passenger vessel to operate as an

uninspected or recreational vessel by an

endorsement on the vessel’s COI. Under

46 U.S.C. 3313(a), a small passenger

vessel must be in compliance with its

COI at all times. Sections 115.114 and

176.114 are intended to provide for

alternatives and allow small passenger

vessels to remain competitive with

uninspected vessels.

(3) Three comments recommended

that the Coast Guard automatically

endorse vessel COI’s with an

endorsement to operate under

subchapter C.

The Coast Guard disagrees with

automatic endorsement. As stated in the

SNPRM preamble, by requiring an

owner to request an endorsement, the

Coast Guard can better ensure that the

owner is aware of the implications of

the endorsement and the applicable

uninspected vessel requirements in 46

CFR chapter I, subchapter C, or

recreational boat requirements in 33

CFR chapter I, subchapter S.

(4) One comment stated that

paragraph (b)(2) is confusing with

regard to minimum manning specified

on the vessel’s COI. According to the

comment, minimum manning is always

above what an owner may be requesting

in accordance with this section.

The intent of paragraph (b)(2) is to

allow the OCMI to state, on the COI, the

required manning on the vessel based

upon the type of operation and number

of passengers carried. For example,

many COI’s have an endorsement

stating that, when carrying less than 6

passengers, a deckhand is not required.

(5) Two comments asked why freight

service is excluded. Freight service is

less prone to safety issues than

passenger service.

Freight service is not excluded. A

small passenger vessel of more than 15

gross tons must meet the requirements

of subchapters K or T as appropriate

when carrying freight for hire. A vessel

of 15 gross tons or less is an

uninspected vessel when carrying

freight for hire and, therefore, must meet

the applicable requirements for an

uninspected vessel.

Sections 115.204 and 176.204 Permit

to Carry Excursion Party

Three comments recommended

removing paragraph (c) so that the only

limits on loading a vessel with an

excursion permit are sufficient stability

and appropriate lifesaving equipment.

One comment noted that there has been

a change to the old regulations that

requires that the number of passengers

be limited based on seating, deck area,

and rail space.

The Coast Guard disagrees. The

purpose of the excursion permit is to

allow a passenger vessel to carry

additional passengers or operate on a

more severe route, or both, for a limited

period of time, if the cognizant OCMI

believes it can be done safely. The

OCMI will not normally allow a vessel

to carry more passengers than there is

space available, regardless of sufficient

stability. Overcrowding a vessel

presents unique hazards, such as

inadequate crowd control. The Coast

Guard has determined that this is an

unacceptable operating condition.

Many vessel operators limit the

number of passengers carried on a

routine basis for various reasons

including survival-craft capacity, firepump requirements, and operator

comfort. The vessel may have adequate

stability and space available for

additional passengers, but the operator

may choose to carry fewer than the

maximum calculated. In this case, an

excursion permit would allow the

operator to carry additional passengers

without overcrowding the vessel and to

stay within stability limitations.

The requirement to base passenger

load on the passengers permitted

criteria is taken from the Coast Guard’s

Marine Safety Manual. This practice has

been in effect since 1960 and was

placed in the SNPRM as a result of

comments to the NPRM.

Sections 115.310 and 176.310

Certification Expiration Date Stickers

Four comments recommended that

the Coast Guard eliminate the

prohibition of operating in the event

that the Certification Expiration Date

Sticker is damaged or lost.

The Coast Guard disagrees. In the

event the sticker is damaged, the owner

should call the Coast Guard for another

sticker. The function of the sticker is

clearly defined in the regulations.

Operating without a visible sticker may

result in an at-sea Coast Guard boarding

to verify the legality of the charter.

Sections 115.402 and 176.402 Initial

Inspection for Certification

One comment recommended that

builders be allowed to submit plans as

well as owners.

The Coast Guard agrees. It is common

practice for a builder to submit plans,

on behalf of an owner, to the Coast

Guard. However, it is the owner’s

responsibility to request an initial

inspection for certification, which is the

basis of the requirement. Once the

application package is sent to the Coast

Guard (including the plans from the

builder), the owner may inform the

Coast Guard to deal directly with the

builder, as appropriate.

Sections 115.404 and 176.404

Subsequent Inspections for Certification

Two comments asked why language

was added to this section allowing the

OCMI to require the vessel to get

underway. The comments also noted

that this is not required of other

inspected vessels.

The Coast Guard advises that the

practice of getting vessels underway as

part of the COI exam is common in

many Marine Safety Office (MSO)

zones. The language merely reaffirms

the OCMI’s authority to use an

underway test to verify the condition of

the vessel’s internal structure, as well as

machinery and steering. In addition, any

drills the inspector may wish to conduct

must be as if an actual emergency is

taking place. A man-overboard drill at

the dock lacks realism and is not as

effective as an underway drill.

Sections 115.500 and 176.500 When

Required

Two comments recommended that the

wording be changed to reflect that a

reinspection can take place 60 days on

either side of the COI anniversary date,

if that is the intent of the paragraph.

The Coast Guard advises that it is

their practice to allow a 60 day window

on either side of the COI date. No

changes were made to these sections

based on comments.
51332 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

Sections 115.600 and 176.600 Drydock

and Internal Structural Examination

Intervals

(1) One comment noted that the

drydock and internal structural

examinations are written as if they are

two separate examinations.

The Coast Guard advises that internal

structural exams can be done with the

vessel in or out of the water. In the past,

some operators have hauled their

vessels out of the water for only a short

period of time and continued the

internal exam back in the water. This

option remains in place with the

wording in the IFR.

(2) One comment stated that vessels

less than 65 feet carrying less than 12

passengers on an international voyage

are being adversely affected by the new

annual drydock and internal exam

requirement required by paragraph (b).

It is not the Coast Guard’s intent to

require vessels, not subject to SOLAS

requirements, to meet standards derived

from international standards. Language

is added to the rule to indicate vessels

subject to SOLAS requirements are to be

hauled out annually.

Sections 115.610 and 176.610 Scope of

Drydock and Internal Structural

Examinations

One comment recommended that

propeller shafts should not be examined

and rudders should not be removed,

unless there is obvious damage or the

inspector can otherwise justify the

action.

The Coast Guard agrees. These

sections were revised as a result of

comments to the SNPRM. Since these

sections do not contradict the comment,

no changes have been made to the rule.

Sections 115.612 and 176.612 Notice

and Plans Required

Four comments stated that the

wording in paragraph (b) is constrictive

and is contrary to good maintenance

practice in the field and in industry.

The comments recommended that the

words ‘‘but not limited to’’ be added

after the word ‘‘maintenance.’’

The Coast Guard agrees and has

added these words in both sections.

Sections 115.630 and 176.630

Tailshaft Examinations

Four comments recommended that

tailshafts not be drawn, unless there is

obvious damage or the inspector can

otherwise reasonably justify the action.

The Coast Guard agrees. These

sections were revised as a result of

comments to the SNPRM. Since these

sections do not contradict the comment,

no changes have been made to the rule.

Sections 115.700 and 176.700

Permission for Repairs and Alterations

Five comments recommended that

repairs in kind to maintain a vessel’s

material state should not require the

permission of the OCMI.

Only repairs that involve altering a

vessel’s substantive characteristics or

the safety of passengers must be

reported to the OCMI for approval. The

Coast Guard has determined that the

language of this section satisfactorily

addresses the comment. Repairs

involving the replacement of plating,

refastening, or other items covered in

paragraph (a) require Coast Guard

involvement because they affect

passenger safety.

Sections 115.802 and 176.802 Hull

Six comments recommended that

specific wording be added to paragraph

(c) to reference the working of ‘‘wood’’

hulls. One comment queried that if

underway inspections were not required

for large vessels, then why are they

required on small vessels other than

wood vessels? Two comments stated

that seasonal vessels do not keep crews

on board year round so the personnel

are not normally present for inspections.

If personnel were required to be on

hand, then it would be an added cost

burden to an already overburdened

industry. Two comments recommended

that underway drills should be confined

to dinner-cruise and excursion vessels,

where passengers tend to be less aware

of vessel operations than they are on

fishing and dive boats.

As stated previously, underway

inspections are commonplace at many

MSO’s regardless of hull material.

Underway inspections verify the

integrity of the hull structure regardless

of hull material. Secondary bonds in

fiberglass reinforced plastic (FRP)

vessels and welds in aluminum and

steel vessels can fail, resulting in an

unsafe condition. Because the term

‘‘working of the hull’’ is more geared to

wood hulls, the Coast Guard has deleted

the words ‘‘working of’’ and added the

words ‘‘and internal structure’’ to

paragraph (c) to clarify the

requirements. In addition, the operation

of the main engines and steering gear

under normal operating load can only

be done underway. Performance of man

overboard drills can also be better

determined underway. With the new

drill and crew training requirements in

place, there should be a crew member

on board during an inspection. The

Coast Guard has determined that the

days of inspections during ‘‘winter layup’’ are over. The owner will have to

schedule an inspection when the vessel

is completely ready for inspection. The

Coast Guard has not determined that

there is a significant cost burden to

industry in order to comply with an

underway inspection at the vessel’s

inspection for certification.

Sections 115.808 and 176.808

Lifesaving

In order to correct inconsistencies

contained in the IFR, the Coast Guard

has amended these sections to include

the term ‘‘inflatable buoyant apparatus.’’

Sections 115.812 and 176.812 Pressure

Vessels and Boilers

Four comments stated that referencing

§ 61.05 of subchapter F for pressure

valves has reduced the inspection

interval from three years to two. It was

recommended that pressure vessel

examinations be eliminated altogether

due to the lack of casualty data and the

cost to industry.

The Coast Guard notes that items not

inspected become neglected. To say

that, because there have been no

problems with pressure vessels, they no

longer need to be inspected, does not

take into consideration the idea that it

is the inspection that has reduced the

risk. However, the Coast Guard has

determined that the three-year interval

is appropriate for the types of air

receivers found on small passenger

vessels and has amended these sections

accordingly.

Sections 115.920 and 176.920

Exemptions

Two comments recommended that the

Coast Guard add exemptions to the

STCW-driven regulations.

This request is beyond the scope of

this rulemaking but may be addressed

under the Coast Guard’s on-going

rulemaking on STCW (CGD 95–062).

Sections 116.202 and 177.202 Plans

and Information Required

(1) Five comments suggested that,

with the Coast Guard’s initiatives to

streamline vessel inspections, plan

approval will, most likely, be delegated

to third parties. It was recommended

that a time frame within which plans

must be approved by the Coast Guard or

a third-party organization be added to

the rule.

The Coast Guard does not intend to

delegate all plan review functions to

third parties. However, depending on

the type of vessel and plan, there may

be options available for the use of

classifications societies or professional

engineers. The Coast Guard notes that

time-frames are dependent on the

number of plans submitted and

personnel available for review. In
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51333

addition, requirements for plan

approval were relaxed in the IFR by

requiring that only basic scantling plans

be approved before construction. By

reducing the number of plans that

require approval before construction

and by enabling classification societies

and professional engineers to review

construction plans, the delays

experienced in the past should be

minimized.

(2) Two comments stated that cross

curves of stability are not appropriate

for subchapter T boats and are generally

no longer used because of computers.

The Coast Guard notes that cross

curves contain the calculation of

righting arms for the various angles of

heel. This data is necessary for

evaluating the stability of a vessel.

However, the Marine Safety Center

(MSC) may accept, on a case-by-case

basis, computer tabulated righting arm

data, if calculated at a close enough

interval to accurately approximate the

righting arm curves.

(3) Two comments noted that

electrical plant analysis is a new and

time-consuming requirement for Tboats.

The Coast Guard advises that

electrical plant load analysis is not

necessarily required on T-boats. Section

177.202(b) contains the plans and

information that may be required by an

OCMI or MSC. For the electrical plant

load analysis requirement, sufficient

capacity of the electrical system needs

to be determined by the Coast Guard. If

the Coast Guard cannot determine that

sufficient capacity exists, then the

owner is required to provide evidence

that the electrical system is of sufficient

capacity.

(4) Two comments asked what

constitutes reasonable destructive

testing?

Reasonable destructive testing

includes burnout tests for fiberglass

reinforced plastic laminates to

determine resin content and bend tests

on welding coupons, when required.

Sections 116.300 and 177.300

Structural Design

One comment recommended that the

ABS 1990 High Speed Craft guide be

acceptable for scantlings of aluminum.

The Coast Guard agrees and has

added this to the rule. In addition, the

ABS rules are also acceptable for vessels

constructed of fiberglass reinforced

plastic.

Sections 116.340 and 177.340

Alternate Design Considerations

Four comments wondered what

happened to the five-year rule.

The Coast Guard advises that the fiveyear rule has been retained from the

SNPRM in § 177.310 of subchapter T.

Section 116.405 General Arrangement

and Outfitting

(1) The requirements for plastic pipe

in concealed spaces, as written in the

IFR, are inaccurate and contradict

subchapter F and current Coast Guard

policy. As a result, the current text in

§ 116.405 (f)(1) and (f)(2) has been

deleted and § 116.405(f) has been

rewritten, requiring plastic pipe to be

regulated in accordance with subchapter

F and current Coast Guard policy.

(2) Seven comments to § 116.405(i)

stated that heavy-duty, plastic waste

receptacles are the industry standard,

because they are non-rusting and

lightweight. The comments requested

that the use of plastic waste receptacles

be authorized.

The Coast Guard states that the

requirement for waste receptacles to be

constructed of noncombustible

materials is consistent with subchapter

H and the old subchapter T. The new

regulations in the IFR state the desired

performance. This provides vessel

owners with potential options by not

explicitly restricting the use of plastics,

as long as an equivalent level of safety

can be achieved.

Section 116.415 Fire Control

Boundaries

(1) The Coast Guard provides the

following comments on Type 6 spaces.

Tables 116.415(b) and (c) were modified

in the IFR to be more consistent with

subchapter H. However, for ease of

application, the three types of

accommodations spaces in subchapter H

were simplified to two in subchapter K.

Specifically, type 6 and type 7 spaces in

subchapter H were consolidated into a

single category (type 7) in subchapter K.

This consolidation increased the

boundary requirements for a number of

spaces that would have been classified

as type 6 in subchapter H. Therefore, the

type 6 category has been added to

subchapter K. Additionally, the

bulkhead requirement in table

116.415(b) for a boundary between a

type 5 and 7 space has been reduced

from A–15 to B–15, in order to be

consistent with subchapter H.

(2) Table 116.415(b) is amended to

clarify that distinct stairtowers must be

separated with A–0 bulkheads.

Section 116.422 Ceilings, Linings,

Trim, Interior Finish, and Decorations

(1) Three comments recommended

restoring the provision from the NPRM

that allowed the use of gypsum wall

board in boundaries not required to be

structural fire control boundaries.

This issue was addressed in the

preamble to the IFR. The regulations

explicitly state the performance without

making detailed reference to specific

construction materials. Approved,

noncombustible-faced gypsum board is

available from several suppliers at a

comparable cost to paper-faced gypsum

board.

(2) One comment suggested that the

term ‘‘combined area of the bulkheads’’

in § 116.422(c)(2) include the ceiling.

The Coast Guard agrees and has

changed this section to include the

ceiling.

Section 116.423 Furniture and

Furnishings

(1) Four comments questioned that, if

CAL TB 133 is the same as UL 1056,

then why is CAL TB 133 not included

in the regulations or incorporated by

reference? Commercial sources

recognize and rely on CAL TB 133.

The Coast Guard advises that CAL TB

133 is acceptable as discussed in the

preamble of the IFR. It is not

incorporated by reference because it

applies to a particular State. UL 1056

was developed to provide a national

standard and, thus, there is no need to

reference any particular, local

government requirement. However,

revised NVIC 6–80 will state that CAL

TB 133 is an acceptable alternative to

UL 1056.

(2) Three comments recommended

that carpet should be allowed on

bulkheads because of its sound and

acoustical control. The comments stated

that the use of rated carpet should not

be a problem. The Coast Guard was

reminded that airlines use carpeting on

bulkheads. The comments pointed out

that carpeting is easier to maintain than

a painted surface. As a minimum, one

comment recommended that it be

allowed at least on chair rails.

The Coast Guard disagrees. The issue

of carpeting on bulkhead walls was

adequately addressed in the preamble to

the IFR.

Section 116.427 Fire Load of

Accommodation and Service Spaces

The Coast Guard advises that

paragraph (a) of this section has been

amended to indicate that fire load

calculations are not required for low

risk service spaces.

Section 116.433 Windows and Air

Ports in Fire Control Boundaries

The Coast Guard has concluded that

the use of glass in stairtowers needs

some clarification and text is added to

this section, accordingly. A-class doors
51334 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

should include limitations on glass

consistent with those in subchapter H.

The text is amended to read similar to

subchapter H, § 72.05–25(b)(4). Along

with this change, § 116.435(c)(9) is

amended to allow unrestricted use of

glass in doors opening out onto open

decks.

Section 116.435 Doors

(1) One comment requested that the

Coast Guard consider using ASTM F

1384 instead of UL 10B as the standard

for fire testing doors.

The Coast Guard stated that the

regulations, which contain prescriptive

requirements for doors, do not

specifically call out UL 10B. NVIC 6–80

discusses acceptable tests, such as UL

10B. Revised NVIC 6–80 will state that

test requirements, such as ASTM F 1384

and UL 10B, are available as options to

the minimum requirements in the

regulations.

(2) Four comments recommended that

the Coast Guard not ban horizontal

doors and consider gravity neutral

hatches.

Horizontal doors are not banned.

They simply cannot be used in

passenger areas. Horizontal doors are

not appropriate for use by passengers

because of the awkward situation

caused by opening or closing these

devices during egress.

Section 116.438 Stairtowers,

Stairways, Ladders, and Elevators

(1) Two comments suggested that, for

vessels in domestic service,

appropriately located and protected

exterior stairways should be equivalent

to stairtowers.

The Coast Guard states that, in

addition to protection from the effects of

fire, indoor stairtowers afford protection

from severe weather. No changes were

made to this section.

(2) One comment recommended that

this section include a maximum vertical

height on intermediate stairway

landings similar to subchapter H

requirements.

The Coast Guard disagrees. Because of

the nature of vessels, particularly

vessels constructed to subchapter K,

inherent limitations on vessel

construction make it impractical to

install stairways which have large

flights uninterrupted by landings. No

changes were made to this section.

(3) After further review of § 116.438,

the Coast Guard revised this section as

follows. Paragraph (k)(2) is revised to

require that stairtowers give access to

either an embarkation station, as

opposed to an embarkation deck, or an

area of refuge. The term ‘‘embarkation

station’’ was used for consistency with

the term used in § 116.510. Paragraph

(k)(3) is revised to clarify which spaces

constitute ‘‘enclosed spaces in which a

fire is likely to originate.’’ Paragraph

(l)(6) is revised for clarity by deleting

the words ‘‘satisfactory’’ and ‘‘vertical.’’

By deleting these words, the paragraph

requires that, in the absence of

stairtowers, stairs must provide a means

of escape, which refers back to the

definition of ‘‘means of escape’’ in

§ 114.400.

Section 116.439 Balconies

Paragraph (d) is revised to require that

sprinkler systems be designed in

accordance with NFPA 13 (which has

recently been modified to address

marine sprinkler systems) as opposed to

§ 76.25. Paragraph (e) is reworded to

clarify that the open area in a balcony

space must be at least 93 square meters

(1,000 square feet), unless other

provisions are installed.

Section 116.440 Atriums

Paragraph (c) is revised to require that

sprinkler systems be designed in

accordance with NFPA 13 (which has

recently been modified to address

marine sprinkler systems) as opposed to

§ 76.25.

Section 116.500 Means of Escape

Paragraph (a) is revised to indicate

that a ladder and a deck scuttle are

acceptable as a second means of egress

for crew spaces on any vessel, regardless

of length. Difficulty has been

encountered in the application of

paragraph (h). In the IFR, this paragraph

indicates that the maximum allowable

travel distance to a means of egress

could not exceed 46 meters (150 ft).

Means of egress is (and was in the IFR)

defined as ‘‘a continuous and

unobstructed way of exit travel from any

point in a vessel to an embarkation

station or area of refuge.’’ The intent of

§ 116.500(h) is to limit the distance of

travel to a protected area, such as a

stairway, area of refuge, or embarkation

station. Section 116.500(h) is revised to

clarify that travel distance to an exit

may not exceed 46 meters, measured as

actual walking distance. A definition

was added to § 114.400 to define ‘‘exit’’

as either an area protected as a stairway,

or a door which leads to an area of

refuge or an embarkation station.

Paragraph (p)(1) is amended to change

the maximum dimension for a space

that is permitted to have a single means

of escape from 3.6 meters to 30 square

meters to be consistent with other

subchapters.

Section 116.520 Emergency

Evacuation Plan

Paragraph (b) is amended to clarify

that evacuation procedures must be

developed for all possible casualty

scenarios determined as required by

paragraph (a). Since promulgation of the

IFR, some difficulties have been

encountered in determining acceptable

standards for refuge areas. The preamble

to the IFR indicated that standards for

a refuge area are intended to be

performance based. In the absence of a

systematic approach which considers

plausible fire scenarios and methods

used to protect passengers while the

crew attempts fire suppression or

passengers await embarkation of

lifesaving appliances, the Coast Guard

considers the following minimum

provisions acceptable: (1) minimum

separation from other spaces other than

voids, cofferdams, and tanks of A–60

integrity; (2) ventilation systems shall

only service a single area of refuge,

unless separated from other spaces by

smoke and fire dampers; and (3) the

refuge area shall be located in a public

space above the bulkhead deck.

Sections 116.600 and 177.600

Ventilation of Enclosed and Partially

Enclosed Spaces

One comment queried about

requirements for ventilation of

passenger accommodation spaces.

The Coast Guard acknowledges that

reference to passenger accommodation

spaces was inadvertently deleted during

the revision of this section for the IFR.

Wording is added to the final rule.

Section 116.610 Ventilation Ducts

Four comments stated that Heating

Ventilation and Air Conditioner (HVAC)

return air should not require ducting if

there is adequate air grille area near the

HVAC unit, and does not require

penetration of a Class A barrier. Another

comment stated that the enclosed

ceiling area should be able to be used

as a return plenum.

The Coast Guard advises that there are

numerous arrangements for ventilation

which may meet the intended

performance. There are current Coast

Guard policies on this issue and the

revision of NVIC 6–80 on structural fire

protection will formally incorporate

many of these. It is not realistic to

include all of this information in the

text of the regulations. The text of the

regulations includes only the basic

requirements which permit flexibility

for the designer. The Coast Guard has

changed the regulations by removing the

requirement that non-steel ducts must

be fitted with steel sleeves at each A-
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51335

Class or B-Class fire control boundary

penetrated. In addition, the regulations

prohibiting a stairway or stairtower to

serve as an air return for another space;

a duct in a bulkhead or overhead

designed for the passage of air from one

space to another; or the use of concealed

spaces as return ventilation plenums or

ducts have been removed.

Sections 116.820 and 177.820 Seating

Two comments recommended

restoring the SNPRM wording ‘‘by

permanent or temporary means.’’ This

option permits the rearranging of

furnishings for different functions.

The Coast Guard notes that the

wording in the SNPRM was removed

due to a comment that stated the

wording was confusing and

unnecessary. The change was

considered editorial in nature and did

not affect the section. The Coast Guard

has not determined that paragraph(d)(4)

precludes operators from moving

furniture to accommodate a particular

charter. The bottom line is that the seats

must be secured to prevent injury to

passengers.

Section 177.900 Deck Rails

(1) One comment questioned whether

the requirements of paragraph (g)(1)

applied to a vessel applying for an

excursion permit. The comment noted

that the cost of installing new rails,

chain link fence, or bars may be

prohibitive.

The Coast Guard states that paragraph

(g)(1) does apply. Small passenger

vessels should already meet the

requirements for rail course spacing.

(2) One comment suggested that as

older vessels come up for recertification,

the new rail height requirements should

be applied. Another comment

recommended that Commandant

institute a change to 46 CFR 177.35–1(d)

and require sport fishing vessels that

travel ocean routes be required to have

rails at least 42 inches high, or sea rails

from 30 to 42 inches. This will increase

safety by requiring higher rails on

vessels that encounter heavier sea

conditions. A third comment

recommended that all rail heights on

passenger carrying vessels should be at

least 40 inches. Where angling

equipment requires a lower rail, a ten

inch hinged section can be

incorporated.

The Coast Guard’s position since the

NPRM in 1989 is that 1 meter rails are

consistent with SOLAS standards, and

appropriate for small passenger vessels.

Retrofitting railing on existing vessels

was considered in the original cost

benefit analysis, but the cost could not

be justified based on the casualty

statistics. Therefore, no changes were

made to these sections.

Section 116.960 Guards for Exposed

Hazards

Three comments addressed a question

posed by the Coast Guard in the IFR

regarding non-skid surfaces on stairs

and open hatch protection. The

comments stated the need for non-skid

surfaces on stairways, and open hatch

protection are best left to the operators.

Common sense is a better guide than

prescriptive standards.

The Coast Guard thanks the industry

for providing this input. No further

action will be taken at this time.

Section 116.1030 Operating Station

Visibility

One comment urged the Coast Guard

to make a clear, non-technical statement

concerning the use of tinted glass in the

operating station.

The Coast Guard advises that the use

of industry standards is intended to aid

the industry in complying with the

regulations. Owners and operators

wishing to tint their pilothouse

windows must communicate the

standards to the vendor who will make

sure the correct products are used.

Section 116.1160 Watertight Integrity

The Coast Guard received eight

comments regarding the 6′′ coaming

requirement. The requirement for 6′′

coamings is a problem for some vessels,

especially vessels that are designed with

a small aft cockpit used as a boarding

area. It is difficult to let people know

that there is a coaming to negotiate as

they enter the vessel. It should be noted

that more than 65% of passenger

injuries occur in this area of a vessel.

The comment desired to know if there

is some way to minimize the coaming in

this area. The comment understands the

requirement for fore deck areas, but an

aft cockpit area may have better than

40′′ of bulwark. Two comments also

understand downflooding, but

passenger injuries should take

precedence. The Coast Guard notes that

§ 171.122 only applies to vessels of at

least 100 gross tons. These comments

were considered in developing

§ 179.360. Ensuring that passengers and

crew are aware of potential trip and fall

hazards is the responsibility of the

vessel owner/operator. Warning signs,

safety instructions and adequate

embarking and disembarking points

should assist in accommodating these

issues. The Coast Guard reminds owners

and operators of small passenger vessels

that 46 CFR subparts 114.540 and

175.540 accommodate the issue of

equivalents for subchapter K and T

vessels respectively. ‘‘The Commandant

may approve any arrangement * * *

which provides a level of safety

equivalent to that established * * *’’

may assist an owner or operator in

determining equivalent or alternative

coaming requirements.

Section 177.410 Structural Fire

Protection

Internal review by the Coast Guard

identified possible misinterpretation of

the requirements for fiber reinforced

plastic, specifically the text of

§ 177.410(b) in the IFR. Coast Guard

policy has allowed resin systems that do

not meet MIL–R–21607 to be accepted

as fire retardant resins if they have a

flame spread rating of 25 or less when

tested to ASTM Standard E–84 (per

NVIC 8–87 with Change 1). This policy

was changed with the publication of the

IFR which raised the maximum E–84

flame spread rating to 100 for qualifying

fire retardant resins. The text of

§ 177.410(b) of this rule is amended to

retain the allowance of fire retardant

resins meeting MIL–R–21607 that was

previously in subchapter T regulations

for vessels that carry 150 passengers or

less. For polyester resins that have not

been accepted under MIL–R–21607 or

other resin types such as epoxy,

phenolic, and vinyl ester, alternate

acceptance criteria using ASTM E–84

have been established. The end result is

that the spirit of NVIC 8–87

requirements for fire retardant resins

has been effectively incorporated into

the regulation. In order to qualify resin

systems using ASTM E–84, either the

resin manufacturer or the shipbuilder

must submit test results of the resin

system as tested in a glass fiber laminate

form. The regulation does not specify a

laminate schedule for testing, but rather

specifies a range of laminate thickness

and a minimum resin content by

percent weight. The glass fiber

reinforcement may be in any form (i.e.,

chopped strand mat, woven roving,

cloth, chopped fiberglass) as long as the

test laminate contains a minimum of 40

percent resin content by weight. This

resin content was chosen in order to be

consistent with the requirements of

MIL–R–21607 which specifies a resin

content between 38 and 44 percent. A

resin system that passes the ASTM E–

84 requirements may be used in any

laminate, of any thickness, resin

content, and with any type of fiber

reinforcement including glass fiber,

polymer fiber, and carbon fiber. The

Coast Guard has determined that this

provides an acceptable equivalent to the

MIL–R–21607 requirements for a fire

retardant rating. Note that the 1 year

weathering criteria is not required for
51336 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

laminates tested to ASTM E–84. If a

builder, using a certain lay-up process

and laminate schedule, is able to attain

the required flame spread rating even

though the particular resin system used

has not previously qualified as fire

retardant, then a request for

consideration for qualifying that specific

laminate schedule in a particular vessel

may be submitted to the MSC.

Section 178.310 Applicability Based

on Length and Passenger Capacity

One comment noted that following

references to three or four different

regulations is extremely complicated for

individuals with limited reading skills.

The Coast Guard appreciates the

concern with the complicated nature of

the regulations, and agrees that they can

be confusing. However, continuous

efforts are being made to simplify the

format. The regulatory cites in

paragraphs (a) and (b) provide options

for compliance with intact stability

standards. To repeat wording on the

same page or out of subchapter S would

be redundant and make the regulations

more confusing.

Section 178.325 Intact Stability

Requirements for a Sailing Vessel

One comment questioned why sailing

school vessel stability standards are

included in this part.

The Coast Guard states that part 169

refers to subchapter S, parts 170–174,

for stability requirements, as does

§ 178.325. Sailing school vessels can

also be inspected as subchapter T boats.

For this reason, reference to them must

be included in this subchapter.

Section 178.330 Simplified Stability

Proof Test

The Coast Guard has reevaluated this

section. The simplified stability test on

passenger vessels less than 65 feet is

done in accordance with § 178.330

(§ 171.030 in old subchapter T). The

vessel is to be loaded as described in

§ 178.330(a)(4). The traditional method

for conducting the simplified test is

provided on Coast Guard form, CG–4006

(Rev. 8–79). This form dates back to

‘‘Ancient’’ subchapter T in § 179.10–1,

but the verbiage in new subchapter T is

quite similar. Basically, the total weight

of all persons and other loads are to be

on board and ‘‘distributed so as to

provide normal operating trim and to

simulate the vertical center of gravity

(VCG), causing the least stable condition

that is likely to occur in service.’’ Form

CG–4006 goes one step further. On page

2 of 8, paragraph (2), the weight

distribution on board a vessel ‘‘having

one upper deck above the main deck

available to passengers . . .,’’ has an

additional safety factor thrown in that is

not currently taken from or referenced

in the regulations. The weight located

on the one upper deck is the equivalent

of 1.33 times the actual weight of

passengers to be located there. The

rationale for doing so is understood,

however, one problem is it appears

‘‘arbitrary’’ with no reference in the

regulations and no other apparent basis.

It certainly does help to ensure the

conservatism of the test, which has been

proven by the test of time since it

appears no subchapter T boats have

been lost due to stability who have

performed this simple stability test. The

Coast Guard affirms keeping the 1.33

safety factor for weight distribution on

the upper deck, and put it in

§ 178.330(a)(4) of the new regulation.

The simplified stability test is written in

accordance with § 171.030, and all other

test parameters are referenced in this

section. Although there does not appear

to be any formal explanation as to the

origin of the 1⁄3 safety factor applied to

the passenger weight distribution on the

upper deck, the simplified stability test

has clearly withstood the test of time. It

has been double checked and validated

in numerous casualty investigations,

and this change will be made in

subchapter S, under § 171.030(c).

Section 179.212 Watertight Bulkheads

for Subdivision

Two comments supported the

watertight division requirements for

wooden hull vessels.

The Coast Guard thanks the industry

for this input.

Section 179.230 Damage Stability

Requirements

One comment noted that in the new

regulations, vessels demonstrating intact

stability through calculation were no

longer required to meet damage stability

requirements, and urged the Coast

Guard to reinstate the requirement.

The Coast Guard agrees. The damage

stability requirements for vessels less

than 19.8 meters (65 feet) carrying more

than 49 passengers and vessels carrying

more than 12 passengers on an

international voyage were inadvertently

deleted in the SNPRM. In order to

remain consistent with subchapter S,

reference to § 179.212(b) has been

removed. This will ensure that any

vessel required to meet intact stability

and Type II subdivision standards in

subchapter S will also have to meet

damage stability.

Section 179.240 Foam Flotation

Material

One comment questioned why there

is a length limitation of 65 feet for the

use of foam flotation in subchapter T

when there is no such limitation in

subchapter S (§ 170.245). It was

recommended that the length limitation

from subchapter T be removed and

leave the decision to the OCMI.

The Coast Guard agrees that the

regulations should be consistent. The

NPRM originally proposed the limit on

foam flotation for small passenger

vessels, understanding that proper

subdivision for larger vessels should not

be an issue. When subchapter K was

created in the SNPRM, subchapter K

vessel stability was addressed in

subchapter S. Subchapter S should have

been revisited to address the use of foam

flotation for subchapter K vessels.

However, since approval of the use of

foam as flotation material remains with

the cognizant OCMI and/or the MSC,

and in view of MSC experiences, the

length restriction of subchapter T is

removed and does not weaken the intent

of the regulation. In addition, the text in

§ 179.240(b)(1) to meet the requirements

for fire resistance in MIL–P–21929 has

been removed. The Coast Guard

approval process for flotation foams

does not currently require these

materials to meet the fire resistance

criteria in MIL–P–21929.

Section 179.350 Openings in the Side

of a Vessel Below the Bulkhead or

Weather Deck

One comment wanted to know if a

flap-operated check valve would be

considered a positive action valve.

The Coast Guard says no. Positive

action valves are gate, ball, barrel, or

globe valves.

Section 179.360 Watertight Integrity

One comment recommended that the

Coast Guard reconsider six inch

coaming requirements due to trips and

falls of passengers. Another comment

recommended that the Coast Guard

consider the use of removable coamings

that could be used in the event of severe

weather to minimize downflooding.

The coaming issue has been

previously discussed under § 116.1160.

The use of removable coamings is not

specifically prohibited in the

regulations. However, the Coast Guard

has determined that a coaming installed

only part of the time would add to

passenger confusion and injuries in the

event of an emergency such as rough

weather.

Sections 117.10 and 180.10

Applicability to Vessels on an

International Voyage

One comment asked what subchapter

W is? Another comment recommended

a vessel less than 65 feet carrying less
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51337

than 12 passengers on an international

voyage should not have to meet SOLAS

requirements and carry life rafts.

The Coast Guard advises that

reference to subchapter W (46 CFR

chapter I, subchapter W) was a proactive

step designed to minimize the number

of revisions to the final rule. Subchapter

W was published as an interim rule on

May 20, 1996. The Coast Guard also

states that it was not its intention to

require vessels, not subject to SOLAS, to

meet requirements based upon

international standards. Both sections

are revised to indicate requirements for

vessels subject to SOLAS.

Sections 117.15 and 180.15

Applicability to Existing Vessels

Two comments stated that all existing

vessels should have the option of a ten

year phase-in period regarding survival

craft installation.

The Coast Guard disagrees. The Coast

Guard’s stand on grandfathering has not

changed since the publication of the

SNPRM and the IFR.

Sections 117.64 and 180.64 Emergency

Position Indicating Radiobeacons

(EPIRB)

One comment stated that the Coast

Guard should not require EPIRBs until

a cost benefit analysis shows the need

for these devices.

In the report ‘‘A Study of Lifesaving

Systems,’’ the Coast Guard determined

that more lives would have been saved

if the vessels involved would have had

EPIRBs rather than inflatable survival

craft. The successes seen in the fishing

vessel industry as a result of the

required 406MHz satellite EPIRB

supports the need for the small

passenger vessel industry to upgrade to

the more accurate and reliable device.

Sections 117.68 and 180.68 Distress

Flares and Smoke Signals

(1) One comment questioned the

exemption of not requiring vessels on

short runs to carry distress signals. The

comment noted that recreational vessels

are required to carry distress signals.

The Coast Guard advises that the

exemption is designed for ferries and

other vessels on set schedules and

operating not far from shore. No changes

have been made to these sections.

(2) After review of the IFR, the Coast

Guard has included ‘‘limited coastwise’’

as an applicable route in paragraph (a)

of both sections.

Section 180.70 Ring Life Buoys

(1) One comment recommended that

the term ‘‘ring life buoy’’ be used in the

title for subpart C.

The Coast Guard agrees. In both

subchapters K and T, the heading for

subpart C reads ‘‘Ring Life Buoys and

Life Jackets.’’

(2) After review of §§ 117.70(c)(5) and

180.70(c)(5), the Coast Guard has

changed the term ‘‘510 kilograms’’ to ‘‘5

kilonewtons’’ to indicate force units.

Sections 117.71 and 180.71 Life

Jackets

(1) Six comments stated that the

allowance for additional personal

flotation devices (PFDs) to be carried for

a temporary need and not marked with

a vessel’s name, but with another name

or a company’s name, needs to be

addressed in this section.

This change would reduce the amount

of confusion and misinterpretation

within the Coast Guard and industry.

The Coast Guard agrees. Language is

included in § 122.604 to allow another

vessel’s name or a company’s name to

be on life jackets used to meet a

temporary need.

(2) One comment recommended that

all passengers be required to wear an

inflatable life vest which fits the body

and can be, in an emergency, inflated by

pulling a string.

The Coast Guard has not determined

that this is a practical solution for

reducing the number of fatalities due to

an individual falling overboard. The

master of a vessel is responsible for the

passengers and crew of that vessel. In

instances of rough weather or other

potentially dangerous situations, the

master is responsible for ensuring that

the passengers and crew are properly

outfitted for an emergency.

Section 180.75 Life Jacket Lights

One comment recommended that

ferries and vessels operating within 20

miles from a harbor of safe refuge be

required to carry life jacket lights.

The Coast Guard disagrees. The Coast

Guard has determined that vessels

operating within 20 miles from a harbor

of safe refuge are close enough to search

and rescue resources so that, by the time

assistance arrives on scene, persons in

the water should not become separated

too far from survival craft (inflatable

buoyant apparatus (IBA), life floats, and

buoyant apparatus) equipped with

marker lights. This is especially true

with the rapid distress notification

proven with the Category 1, 406 MHz,

satellite EPIRB that is required for

vessels operating on a limited coastwise

route.

Sections 117.130 and 180.130 Stowage

of Survival Craft

After review of the IFR, the Coast

Guard amends these sections by

referring to the approval series 160.062

and 160.162 for hydrostatic release

units.

Sections 117.150 and 180.150 Survival

Craft Embarkation Arrangements

The Coast Guard revises §§ 117.150(a)

and 180.150(a) to correct a discrepancy

noted when trying to apply the survival

craft embarkation standards. A

launching appliance approved under

the approval series 160.032 is not

suitable for liferafts. For davit-launched

liferafts, a liferaft launching appliance

approved under the 160.163 series (with

an automatic release hook approved

under the 160.070 or 160.170 series) is

the appropriate requirement. For throwover liferafts and inflatable buoyant

apparatus where the embarkation

station is greater than four and one-half

meters (15 feet) above the waterline, a

marine evacuation system approved

under the 160.175 series is the

appropriate requirement.

Sections 117.175 and 180.175 Survival

Craft Equipment

One comment suggested that the

wording ‘‘12-thread manila’’ is

confusing and outdated. Another

comment stated that inflatable buoyant

apparatus equipment packs are not the

same as rigid buoyant apparatus.

The Coast Guard agrees. Wording is

changed to reflect a 3⁄8 inch lanyard

made of ultraviolet resistant material.

Additionally, these sections are revised

to state that an equipment pack in an

inflatable buoyant apparatus is required

to meet standards set by the

manufacturer.

Sections 117.200 and 180.200 Survival

Craft—General

(1) One comment noted that the

reference to § 160.151 is not appropriate

because it does not exist in 46 CFR.

Another comment stated that there is no

reference to inflatable buoyant

apparatus in § 160.010, and IBAs are not

defined in § 175.400.

The Coast Guard states that the

approval series in § 160.151 has been

used for years to indicate liferafts

approved as complying with SOLAS.

An upcoming revision to subchapter Q

will contain the approval series in

§ 160.151. However, a change to the text

in subchapters K and T, referring to the

approval series, would be more

appropriate. As for inflatable buoyant

apparatus and other survival craft, the

same reference to approval series should

remove the confusion.

(2) Three comments stated that

subchapter K and K’’ vessels are their

own best survival craft. The comments

also stated that there should be no
51338 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

difference between the survival craft

requirements between subchapters K

and T. Two comments suggested that

since subchapter T boats can install

watertight bulkheads to avoid carrying

IBAs, subchapter K vessels should have

the benefit of the lesser requirement.

The Coast Guard disagrees. The Coast

Guard’s concern is putting large

numbers of passengers in cold water

offshore. Warm water requirements are

similar between subchapters K and T.

The Coast Guard recognizes that

subchapter K vessels are built to more

stringent standards; however, survival

craft standards are driven by the number

of passengers on board. The industry

should recognize that there is a

difference between carrying 100

passengers, 20 miles offshore and 400

passengers on the same route. All things

being equal (i.e., Steel vessel of similar

dimensions), a subchapter K vessel

requires structural fire protection and

out of the water survival craft for 67

percent of the passenger capacity (will

accommodate 100 percent of

passengers). The Coast Guard considers

these increased requirements necessary

to address the vessels operating

environment, proximity to adequate

rescue resources, and number of

passengers carried.

(3) Three comments noted that three

miles is used as a breakpoint for

survival craft operating on a limited,

coastwise route. Offshore casino vessels

operate beyond three miles, but no

further, and should receive the same

treatment. The comments recommended

moving the breakpoint to five miles.

The Coast Guard disagrees. The three

mile breakpoint resulted from new

EPIRB requirements. The EPIRB

provides an equivalent level of safety for

vessels electing to not carry additional

survival craft within three miles.

Vessels operating beyond three miles

and not wanting to carry required

survival craft must convince the OCMI

that they have provided an equivalent

level of safety.

(4) One comment noted that in Table

117.200, Footnote 9, § 117.207(e) should

read § 117.207(f).

The Coast Guard agrees and the

change is made. In addition, Footnote 8

is changed to read § 117.207(e).

(5) The Coast Guard deletes the term

‘‘citation in brackets’’ in paragraph (c) in

both sections.

Section 180.202 Survival Craft—

Vessels Operating on Oceans Routes

One comment stated that 67 percent

inflatable buoyant apparatus does not

provide enough capacity for all

passengers carried.

The Coast Guard disagrees. As stated

in the preamble to the IFR, IBAs are

tested to a 150 percent overload

capacity. This means that a vessel with

67 percent IBA capacity can

accommodate 100 percent of the

persons on board.

Section 180.204 Survival Craft—

Vessels Operating on Coastwise Routes

(1) One comment recommended that

life floats be phased out because they do

not provide adequate out of the water

hypothermia protection.

As stated in the preamble to the IFR,

the Coast Guard reduced survival craft

requirements from those proposed in

the SNPRM due to the casualty history

of the small passenger vessel industry.

Even the Coast Guard’s own study of

subchapter T boat casualties concluded

that more people would have been

saved if the vessels were equipped with

EPIRBs rather than inflatable survival

craft.

(2) One comment stated that life floats

do not provide adequate shark

protection.

The OCMI has the latitude to require

additional survival craft in areas

considered hazardous. This may include

shark infested waters. However,

casualty statistics do not indicate a

trend in fatalities due to shark attacks.

Sections 117.205 and 180.205 Survival

Craft—Vessels Operating on Limited

Coastwise Routes

(1) Two comments recommended that

the Coast Guard authorize vessels to

reduce the number of IBAs required

during winter months when fewer

passengers are carried.

The Coast Guard advises that the

OCMI has the authority to endorse the

COI with a cold water restriction.

(2) One comment suggested that the

reference to § 180.204(d) is confusing. It

was recommended that the

requirements be spelled out in each

section.

The Coast Guard disagrees. The Coast

Guard is trying to reduce redundant

wording in the regulation.

(3) One comment stated that wood

vessels less than 65 feet operating on

limited coastwise (LCW) routes are just

as safe as FRP vessels in cold water and

should not be required to carry

inflatable buoyant apparatus.

The Coast Guard advises that wood

vessels account for over 90% of the loss

of vessel/loss of life casualties over the

past 20 years. Statistics indicate that the

route of a vessel did not matter. Existing

wood vessels less than 65 feet also have

the option of installing watertight

bulkheads in lieu of carrying inflatable

survival craft.

Section 117.207 Survival Craft—

Vessels Operating on Lakes, Bays, and

Sounds Routes

One comment recommended that

vessels meeting paragraph (f) should use

the existing 30 percent life float

requirement. The comment further

recommended changing the wording in

paragraph (f) ‘‘may be granted a

reduction* * *’’ to ‘‘be provided with

life floats of an aggregate capacity that

will accommodate at least 30 percent of

the total number of persons on board.’’

The Coast Guard disagrees. The

wording in the IFR appropriately allows

the OCMI latitude in reducing the

amount of primary lifesaving equipment

on board a certain vessel.

Sections 117.208 and 180.208 Survival

Craft—Vessels Operating on River

Routes

(1) One comment recommended the

Coast Guard revisit the issue of not

requiring vessels operating within one

mile of shore on a rivers route to carry

survival craft.

The Coast Guard states that the one

mile exemption is carried over from the

old small passenger vessels regulations.

Casualty statistics do not warrant

increased survival craft requirements on

vessels operating in such close

proximity to shore.

(2) Two comments recommended

adding a three mile equivalent or

alternative to the 15 minute radio

communication schedule.

The Coast Guard states that the three

mile distance criteria applied to other

bodies of water is not practical in a

rivers route. Most vessels will be

exempt from survival craft requirements

because they will operate within one

mile of shore. For vessels that do

operate beyond one mile from shore, a

15 minute communications schedule or

participation in a Vessel Traffic Service

(VTS) allows the vessel to quickly notify

the Coast Guard in the event of a

casualty.

Sections 117.210 and 180.210 Rescue

Boats

One comment stated that rescue boat

is not well defined. It also stated that

the reference to subchapter H is not

specific as to which part. Two

comments stated that the subchapter Q

standard for a rescue boat ignores 50

years of experience. They noted that

even the Coast Guard uses rigid hull

inflatable boats with great success. The

comments recommended that the Coast

Guard consider the use of rescue boats

other than those approved by

subchapter Q. The Coast Guard agrees

that rescue boats of the rigid-hull
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51339

inflatable type can provide satisfactory

service. In the past, OCMIs have

approved boats such as rigid-hull

inflatables as ‘‘equivalents’’ to straight

160.056 rowboat-type rescue boats. This

practice will not change. With the

publication of subchapter W on May 20,

1996 (61 FR 25272), the reference to

subchapter H in §§ 117.810 and 180.810

is no longer appropriate since § 75.10–

5(e) no longer exists. In order to

maintain the intent of the rescue boat

section, performance language from the

old subchapter H requirement has been

added to both subchapters K and T. In

addition, the approval series 160.056

has been retained for vessels operating

on protected waters. The 160.156

approval series cited as the rescue boat

standard in subchapter W allows the use

of rigid-hull inflatable and entirely

inflatable rescue boats. The Coast Guard

has determined that by adding

performance language, retaining the

160.056 standard for vessels operating

on protected waters, and adding the

160.156 approval series for vessels

operating on exposed and partially

protected waters, the intent of the

former subchapter H cross reference is

maintained.

As resources allow, rescue boat

requirements in subchapter Q will be

updated to reflect the variety of

available, suitable boats.

Sections 118.300 and 181.300 Fire

Pumps

(1) One comment noted that the word

‘‘manual’’ is confusing when discussing

local operation of the fire pump. The

comment wanted clarification as to

what is meant and is it the intent of the

Coast Guard to require a manual electric

switch at the pump? Two comments

recommended the section be reworded

to read ‘‘A fire pump must be capable

of operation from both the control

station and the pump location.’’

The Coast Guard acknowledges that

the intent is to be able to operate the

pump from the operating station and

locally at the pump. How that is to be

accomplished is up to the owner or

operator of the vessel. In order to reduce

confusion, the word ‘‘manual’’ is

deleted.

(2) Two comments suggested that the

fire pump required in § 181.300(b) for

vessels less than 65 feet carrying more

than 49 passengers is excessive and

should be reconsidered using casualty

data. In addition, fixed extinguishing

systems will be required, so the fires

encountered will be put out with

portable extinguishers.

The Coast Guard disagrees.

Subchapter T previously required a fire

pump on vessels that carry over 49

passengers. Casualty history available to

the Coast Guard may not accurately

reflect the number of fires on these

vessels, since fires which were

extinguished using the fire pump may

not have been reported. The Coast

Guard has determined that vessels

which carry more than 49 passengers

represent a risk that warrants requiring

a fire pump, regardless of vessel size. No

changes were made to this section.

(3) With regard to the comment about

fires encountered being put out with

portable extinguishers, the Coast Guard

disagrees, in that portable extinguishers

are not an acceptable replacement for a

firemain system. Portable extinguishers

are adequate only for small incipient

fires, have limited amount of agent, and

provide the fire fighting agent for a short

duration. On the other hand, hose

streams off of a firemain system provide

unlimited water supply.

Sections 118.310 and 181.310 Fire

Main and Hydrants

As previously discussed in §§ 114.400

and 175.400, the Coast Guard amends

§ 118.310 by adding a new paragraph (d)

requiring vessels carrying more than 600

passengers or with overnight

accommodations for more than 49

passengers to meet subchapter H fire

main and hydrant standards. This is

already required under the IFR for

vessels carrying more than 600

passengers, and was a recommended

and accepted practice in NVIC 11–83 for

vessels with overnight accommodations

for more than 49 passengers. In

addition, §§ 118.310 and 181.310 are

amended by adding paragraph (c) that

requires isolation valves on fire

hydrants to allow damaged hoses to be

removed and replaced while the fire

main is charged. This is a common

marine design practice that the Coast

Guard has determined must be

maintained.

Sections 118.320 and 181.320 Fire

Hoses and Nozzles

As previously discussed in §§ 114.400

and 175.400, the Coast Guard amends

§§ 118.320(a) and 181.320(a) by

replacing ‘‘fire stations’’ with ‘‘fire

hydrants.’’

Section 181.400 Where Required

(1) One comment recommended that

the documentation for a fixed CO2 fire

extinguishing system be retained. The

comment reiterated the NTSB

recommendation M–95–37 from the

ARGO COMMODORE fire casualty

requiring that plan approval records for

fixed fire extinguishing systems be

maintained for the life of the vessel.

The Coast Guard has not determined

that it is necessary to issue a regulation

requiring vessel owners to retain plan

approval records for their vessels. NVIC

13–83 encourages vessel owners and

operators to keep a complete set of

vessel plans, including fixed firefighting

system plans.

(2) Four comments stated that the

industry is still concerned over

automatic shutdown of main engines

and ventilation, and recommended that

fire and heat detectors are a better

alternative.

The Coast Guard advises that

detection systems are required by

§ 181.400. It is true that manual systems

are still required to shutdown

machinery and ventilation, because one

of the keys to fighting a fire is keeping

the extinguishing agent in the space

protected.

(3) Three comments stated that fire

extinguishing systems should not be

retrofitted to all existing wood and FRP

vessels. They stated the casualties do

not justify the cost to the industry.

As for justification and cost, the Coast

Guard’s position has not changed since

the SNPRM and IFR. The vessels most

at risk are wood and FRP.

(4) One comment noted that by

definition a wheelhouse is a control

space. The comment asked if

§ 118.400(e)(1) and (e)(2) require a

smoke activated and manual fire

detection system in the wheelhouse?

The Coast Guard acknowledges that

the wording used in the IFR would lead

someone to believe that a detection

system is required in the wheelhouse.

However, from a practical standpoint,

the Coast Guard has determined that

placing an automatic and manual fire

detection system in a continuously

manned operating station is

unnecessary. This section is revised

accordingly.

Sections 118.410 and 181.410 Fixed

Gas Fire Extinguishing Systems

(1) After further review of the IFR, the

Coast Guard has determined that

paragraph (b)(2) of these sections

needed to be revised to clarify when

release of an extinguishing agent

requires two distinct operations. The

reference to paragraph (c)(2) may be

confusing to the reader. The Coast

Guard has amended these sections by

removing any confusing references.

(2) Section 118.410(d)(7)(ii) has been

revised to be consistent with

§ 181.410(d)(7)(ii), which requires the

distribution lines to undergo a test

similar to that conducted on the

manifold system. This correction is

needed to allow for the 300 PSI pressure
51340 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

drop that is indicated in paragraph

(d)(7)(i).

Sections 118.500 and 181.500

Required Number, Type, and Location

One comment recommended that the

regulations should better describe the

different types of extinguishers or define

portable or semi-portable; the old

regulations did.

The Coast Guards states that the new

regulations contain the same

information as the old regulations, but

in a slightly different format.

Sections 119.320 and 182.320 Water

Heaters

One comment stated that the

requirements for water heaters are

confusing. It was recommended that the

Coast Guard reduce the amount of

technical data. Hooking up a water

heater is not a difficult task.

The Coast Guard partially agrees that

the language is confusing. Most water

heater installations will meet the

exception criteria in paragraph (b). The

Coast Guard has determined that there

also needs to be a reference to larger,

higher capacity installations. The Coast

Guard redesignates paragraph (b) as (a)

and vice versa in order to reduce any

confusion.

Section 182.415 Carburetors

One comment noted that Coast Guard

Approval Numbers 162.015, 162.042,

and 162.043 are not in the current

subchapter Q. In addition, Approval

Number 162.043 cannot be found in the

Coast Guard’s Equipment lists

(COMDTINST M16714.3E) and is

confusing.

The Coast Guard agrees that the

referenced Approval Numbers are old,

and were used prior to SAE and UL

standards. The intent is that older gas

engine installations can remain in

service using previously approved

equipment as long as that equipment is

in good and serviceable condition.

Section 119.425 Engine Exhaust

Cooling

One comment recommended allowing

the injection of engine exhaust cooling

water farther down stream if the exhaust

line forward of the cooling water

injection is properly insulated. This has

been accepted by MSC in the past.

The Coast Guard partially agrees.

Equivalencies are granted on a case by

case basis, and this practice will

continue. If the designer is concerned

about water injection, consider a dry

horizontal system.

Sections 119.430 and 182.430 Engine

Exhaust Pipe Installation

Two comments stated that check

valves installed in exhaust lines impede

the flow of exhaust. They recommended

changing the wording to read ‘‘deter or

minimize the in flow of water.’’

The Coast Guard partially agrees. The

intent of paragraph (d) is to prevent cold

water from entering the exhaust system.

There is no requirement for a check

valve to be installed. However, in the

interest of clarity, the Coast Guard has

determined that paragraph (c) provides

enough guidance as to the exhaust

installation, and has removed paragraph

(d).

Section 182.435 Integral Fuel Tanks

In the recent past, the Coast Guard has

been asked to make this section

performance based, rather than limited

to strictly closed cell polyvinyl chloride

(PVC).

The Coast Guard agrees this should be

done, and has revised this section to

allow for equivalents to closed cell PVC

foam.

Section 182.445 Fill and Sounding

Pipes for Fuel Tanks

Four comments stated that paragraph

(b) of this section is entirely

unnecessary. The comments also stated

that sounding pipes are not always

practical, and gages are expensive and

troublesome. Small passenger vessels,

especially ferries, operate on scheduled

runs so fueling is done on a schedule

corresponding to that vessel.

Recordkeeping should be an acceptable

alternative.

The Coast Guard disagrees. Fuel tank

level monitoring is an indispensable

part of not only fuel management, but

also damage control. If a tank is in

communication with the sea, bilge,

cargo, or any other tank, no matter what

the contents, the proper level must be

able to be determined for stability and

environmental protection concerns.

Sections 119.458 and 182.458 Portable

Fuel Systems

One comment questioned whether the

prohibition against the use of portable

fuel systems also restricts the carriage of

emergency gasoline-operated pumps

and generators.

The Coast Guard states that generators

that use gasoline or any other fuel must

meet the requirements of parts 119 and

120 or 182 and 183 in subchapters K

and T, respectively. As for emergency

dewatering pumps, the Coast Guard has

determined that their use should not be

prohibited. Sections 119.458 and

182.458 are revised to allow dewatering

pumps. Additional guidance on the

carriage of spare fuel is in Volume II,

page 10–3, of the Coast Guard MSM.

Section 119.465 Ventilation of Spaces

Containing Diesel Machinery

The Coast Guard notes that the

prohibition of dampers in machinery

space supply air ducts in paragraph (f)

is contradictory to § 116.610(f) which

requires automatic fire dampers in ducts

serving machinery spaces.

The Coast Guard has determined that

the requirements designed to contain a

fire within a machinery space take

precedence over the damper

prohibition. Paragraph (f) in § 119.465 is

revised to reflect the requirements in

§ 116.610(f).

Section 182.465 Ventilation of Spaces

Containing Diesel Machinery

One comment asked what if there is

only one exhaust outlet for multiple

ventilation intakes? Does the area of the

exhaust have to be proportionally

increased with the number of inlets?

The Coast Guard advises that

paragraph (c) of this section requires at

least two intake and two exhaust

ventilation ducts. Each duct must have

the open area indicated in the

paragraph. Where additional ducts are

installed, each additional duct must

meet the requirements of this section.

Section 182.520 Bilge Pumps

(1) One comment stated that bilge

pumps are not dewatering pumps. They

are used for the maintenance removal of

accumulated water. A 25 gallon per

minute (GPM) pump is larger than

needed on vessels less than 65 feet

carrying more than 49 passengers. The

comment suggested a ten GPM pump.

The Coast Guard states that a 25 GPM

pump has been the standard for 30

years, and the Coast Guard sees no

reason to change to a less conservative

standard.

(2) One comment recommended that

the discharge hose mentioned in

paragraph (b)(2) of this section be long

enough to discharge the water over the

side of a vessel.

The Coast Guard agrees. The wording

in paragraph (b)(2) is revised to read the

same as § 119.520(b)(2).

Sections 119.530 and 182.530 Bilge

High Level Alarms

(1) One comment suggested that bilge

alarms are okay for vessels without one

compartment subdivision, but excessive

for other vessels.

The Coast Guard disagrees that only

vessels without one compartment

subdivision need a high bilge level

alarm. The time to discover that your

vessel has taken on water is not when
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51341

you start to ‘‘feel’’ the vessel move

differently. In an emergency situation,

time is everything and can mean the

difference between life and death.

(2) Two comments suggested a bilge

pump resettable counter in lieu of an

indicator light. Sometimes, the bright

sunlight makes it hard to see the

indicator light, and the operator may not

be aware of how many times the bilge

pump has cycled on and off.

The Coast Guard states that the

regulation only calls for a visual

indicator. The intent of the requirement

is to give the operator an indication

when the automatic bilge pumps are

running. Where lights are not practical,

the OCMI considers alternatives

proposed by the owner or operator.

(3) One comment questioned if a

separate light is required to indicate that

the automatic pump is running. This

point is not clear.

The Coast Guard states that a separate

indicating light is required because a

‘‘pump running’’ light is not an alarm as

required by paragraph (a). No additional

clarification is required.

Section 182.610 Main Steering Gear

One comment noted that paragraph

(f)(1) of this section references 46 CFR

111.93–11(d). This cite does not exist.

The comment also questioned why is

overload protection prohibited for

steering gear systems?

The Coast Guard acknowledges that

the reference to § 111.93–11 is outdated.

The new subchapter F cite of § 58.25–

55(d) is added to subchapter T. The

Coast Guard advises that overload

protection is prohibited on steering gear

systems to ensure that the steering gear

will continue to run until failure in an

emergency. Only short-circuit

protection is allowed for the reasons of

preventing catastrophic damage to

motors, wiring, and the possibility of

fire.

Section 182.720 Nonmetallic Piping

Materials

(1) Two comments noted that this

regulation means that the operator

cannot replace a fuel or hydraulic hose

with make up fittings. Ordinary practice

is to assemble replacement hoses using

material that far exceeds the pressure

demands of the system. If a hose is

replaced in an 80 pound per square inch

(psi) system with a 1000 psi hose, the

proof test, at twice the rated pressure, is

not possible.

The Coast Guard agrees. The wording

in paragraph 182.720(e)(1) is changed to

‘‘twice the maximum operating pressure

of the system.’’

(2) After review, the Coast Guard has

revised paragraph 182.720(e)(3)(ii) to

include watertight decks in addition to

watertight bulkheads.

Section 183.322 Multiple Generators

One comment noted that the revision

of subchapter J is complete. The IFR

references subchapter J prior to its

revision. Which version is to be used?

The Coast Guard states that a review

of the newly revised subchapter J has

been done to ensure that the referenced

cites are still accurate and appropriate.

The cites listed in this rule are

appropriate.

Sections 120.340 and 183.340 Cable

and Wiring Requirements

One comment noted that the revision

to subchapter J allows the use of wire

nuts for wire and cable connections.

Subchapters K and T specifically

prohibit the use of wire nuts. The

regulations need to be consistent and

not allow the use of wire nuts.

The Coast Guard states that wire nuts

are allowed in subchapter J subject to

very specific conditions outlined in

§ 111.60–17. The Coast Guard has

determined that reiterating those

conditions in paragraph (i) of these

sections is appropriate in order to be

consistent with subchapter J.

Section 183.376 Grounded

Distribution Systems (Neutral

Grounded)

One comment noted that this cite

correctly assumes that there could be a

dual voltage system not fed by a dual

voltage generator and, therefore, could

be of the ungrounded or floating neutral

type. Because this is possible, a

reference needs to be made to § 111.05–

25 of subchapter J for ground detection

of ungrounded systems. This will avoid

confusion during the plan approval

process for both the Coast Guard and

industry.

The Coast Guard agrees. Text in

subchapter J is added to subchapters K

and T under new §§ 120.378 and

183.378 entitled ‘‘Ungrounded

Systems.’’

Section 183.430 Portable Lights

One comment suggested that small

(30 feet or less), outboard powered,

open boat (or small boat with no

enclosed engine space) should be

required to carry only one operable,

portable light.

The Coast Guard advises that this type

of request should be made to the OCMI.

It is reasonable to assume that, if the

vessel is not equipped with a separate

machinery space, then the portable light

required to be outside that space is not

required. A regulatory change is not

necessary.

Sections 120.432 and 183.432

Emergency Lighting

Two comments stated that the

requirement for an emergency light to

have a continuous operating capacity of

six hours is excessive. Standard

industrial units have a two hour

capacity.

The Coast Guard agrees. Emergency

lighting used to escape from below deck

spaces on a small passenger vessel

should not need to run more than two

hours. The six hour criterion is reduced

to two hours.

Sections 121.220 and 183.220 Cooking

Equipment

One comment recommended that the

Coast Guard require UL approval on

cooking appliances, and the

requirement for heavy duty hinges is

unclear.

The Coast Guard has determined that

the general requirements contained in

this section adequately address the

safety concerns regarding cooking

equipment on board vessels. UL, NFPA,

and American Boat and Yacht Council

(ABYC) standards were considered in

drafting this requirement in 1989. The

Coast Guard agrees that the words

‘‘heavy duty’’ add no value to the

requirement and has removed those

words from both § 121.220 in

subchapter K and § 184.220 in

subchapter T.

Section 184.402 Compasses

One comment asked if existing vessels

were supposed to be exempt from the

illuminated compass requirement.

The Coast Guard acknowledges that

existing vessels are exempt unless the

OCMI decides that due to the route or

service of the vessel an illuminated

compass is required. All new vessels,

unless exempted by paragraph (b), are

required to have an illuminated

compass.

Section 121.404 Radars

Three comments wanted to know who

decides if a radar is suitable. There are

no criteria to determine a standard. How

can a designer or builder know what to

look for? Different Coast Guard Districts

may have different standards. The Coast

Guard should either set performance

standards or let the master decide what

is appropriate, and hold the master

responsible for the safe operation of the

vessel.

The Coast Guard agrees that

performance standards are needed to

determine if a radar is suitable. As

stated in the SNPRM preamble, the

Radio Technical Commission for

Maritime Services (RTCM) was

developing recommended standards for
51342 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

radar on small vessels. The Coast Guard

received those recommendations after

the drafting and publication of the IFR

and, therefore, could not publish them

for public comment. The Coast Guard

has determined that the

recommendations of the RTCM are

acceptable for determining the

suitability of radar on towing vessels (61

FR 35064) and that the same standards

should apply to small passenger vessels.

However, the recommended standards

cannot be incorporated into the Final

Rule without public comment.

Therefore, the Coast Guard will

establish policy guidance for owners,

operators, builders, and OCMIs to help

determine the suitability of radar

installations on small passenger vessels.

The policy will be based on the RTCM

standards, but will also allow flexibility

in the event that certain recommended

standards are impractical for small

passenger vessels. Based upon feedback

to the policy, the Coast Guard will

consider revising the radar requirements

for small passenger vessels in a future

rulemaking.

Sections 121.420 and 184.420 Charts

and Nautical Publications

Two comments stated that charts and

nautical publications are not necessary

for ferries which run from point A to B

and back day after day.

The Coast Guard agrees that not all

vessels require the same charts and

nautical publications. The OCMI has

discretion as provided by the words ‘‘As

appropriate...’’ in paragraph (a) to allow

relaxation of certain requirements based

on a particular vessel’s operation.

Sections 121.506 and 184.506

Emergency Broadcast Placard

Two comments stated that the

emergency broadcast placard is

unnecessary. Federal Communications

Commission (FCC) licensed radio

operators and the crews are aware of the

contents of a distress call. Even if an

individual was unaware of the proper

procedures, in an emergency, correct

procedure does not take precedence;

saving time and lives do.

The Coast Guard disagrees. A lack of

proper procedure in an emergency may

be the difference between a quick and

a delayed response by the Coast Guard.

In many emergencies, a vessel’s crew

has one chance to get a distress call off.

Valuable information regarding the

location, number of passengers, or

conditions on scene could be left out

and thus hamper rescue efforts. The

Coast Guard has determined that the

placard serves a real purpose as a

memory jogger for individuals using the

radio in an emergency.

Sections 121.702 and 184.702 Oil

Pollution Prevention Equipment and

Procedures

Even though the text of these sections

refers to 33 CFR part 155, the title of

these sections does not take into

consideration the garbage plan

requirements of 33 CFR 155.540. The

Coast Guard amends the title of these

sections to read ‘‘Pollution prevention

equipment and procedures.’’

Sections 121.710 and 184.710 First

Aid Kits

Four comments stated that the rule on

first aid kits is unacceptable and must

be withdrawn. The subchapter Q

approval must be rewritten before it can

be used as a standard for subchapter T

vessels. The approval is 46 years old

and outdated. Two comments noted that

the requirement to have or dispense

drugs, even the over-the-counter variety,

needs careful consideration. Many

vessels will not dispense aspirin, seasick pills, etc., but might have them

available for sale to reduce or remove

their liability. One comment suggested

that the routes and missions of vessels

need to be considered when

determining the type of first-aid kit

required. Two comments recommended

that the ‘‘Good Samaritan’’ provision is

needed in the rewrite of § 160.041 of

subchapter Q. OSHA approved first aid

kits should be an approved substitute

instead of the Coast Guard approved

kits.

The Coast Guard agrees that the

approval published in subchapter Q is

outdated and should not be used as the

basis of a required first aid kit. As a

matter of policy, the Coast Guard

provides manufacturers seeking

approval of first-aid kits under approval

series 160.041 with much more basic

guidelines. The following is a list of

items required to be in a Coast Guard

Approved first-aid kit under approval

series 160.041:

(2) Units of Adhesive Bandage

Compresses (16 per unit).

(2) Units of 5 cm (2 in.) Bandage

Compresses (4 per unit).

(3) Units of 10 cm (4 in.) Bandage

Compresses (1 per unit).

(2) Units of Triangular Bandages (1 per

unit).

(2) Units of Absorbent Gauze

Compresses (1 per unit).

(2) Units of 10 cm (4 in.) Gauze Roller

Bandages (1 per unit).

(1) Aluminum Splint.

(1) Tourniquet.

(1) Unit of Eye Dressing Packet (Pads

and Strips) (4 per unit).

(2) Units of 30 ml (1 oz) Eye Wash

Solution.

(1) Unit of Ammonia Inhalants (10 per

unit).

(1) Unit of Antiseptic Swabs (10 per

unit).

(2) Units of 3.0 gram (0.11 oz) Burn

Treatment Compound (6 per unit).

(2) Units of 324 milligram (5 grain)

Aspirin Tablets (48 per unit).

This list is provided for operators who

wish to build an equivalent kit as

allowed by the regulations. The Coast

Guard has determined that a first aid kit

is important as an initial response tool

for major and minor injuries on board

small passenger vessels. The Coast

Guard notes that some state marine

boards required first aid kits above and

beyond the old Coast Guard regulations.

These kits were basic, yet afforded the

master an opportunity to effectively

respond to cuts, fish hooks and other

minor injuries. The Coast Guard has

revised the wording in subchapters K

and T to reference the approval series

160.041, instead of citing the

specification in subchapter Q.

Sections 122.202 and 185.202 Notice

of Casualty

Eleven comments suggested that the

term ‘‘treatment beyond first aid’’ be

better defined. The comments

recommended that the Coast Guard

adopt the ‘‘Report of the Quality Action

Team (QAT) on Marine Safety

Investigations.’’

The Coast Guard agrees that

‘‘treatment beyond first aid’’ could be

better defined. The Coast Guard has

initiated a rulemaking project to address

the recommendations in the QAT

report. It is beyond the scope of this

rulemaking to make changes to 46 CFR

Part 4.

Section 185.280 Official Logbook for

Foreign Voyages

(1) One comment asked where an

individual could obtain official

logbooks. The comment noted that they

could not be obtained from the

Government Printing Office.

The Coast Guard advises that the

‘‘Official Logbook, Merchant Marine’’

(CG–706B) can be obtained free of

charge to the public through the General

Services Administration (GSA). The

supply number for the form is

753000F010040. In addition, the

publication is not subject to copyright;

it may be reproduced by anyone who

desires to do so. However, care should

be given not to create the appearance

that the Coast Guard approves of an

individual, entity, or group of either, as

the appropriate source to obtain an

official logbook. This can be done by

including a statement in the book that
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51343

the official logbook can be obtained for

free from the GSA.

(2) One comment stated that the laws

cited in official logbooks are outdated;

46 CFR was revised in 1983.

As for the out of date regulatory cites,

the Coast Guard does not guarantee

either that the citations are all inclusive

or current. The Coast Guard expressly

retains the discretion to allocate limited

resources to perform tasks that preclude

the updating of the statutory and

regulatory authorities governing the

matters addressed in the logbook.

(3) One comment suggested that

logbooks needed to include the number

of hours a crewmember is on watch.

Crews on passenger vessels should not

be allowed to work upwards of 30+

hours in a single stint.

The Coast Guard states that the

updating of logbooks is beyond the

scope of this rulemaking. Besides, small

passenger vessels are required to carry

alternate crews when operating more

than 12 hours in any 24 hour period.

Sections 122.304 and 185.304

Navigation Underway

(1) One comment recommended that

senior deckhands should be allowed to

control the movement of the vessel.

The Coast Guard states that the master

of a vessel has ultimate responsibility

for the operation of that vessel. If the

master places a deckhand, senior or

otherwise, in control of the vessel, the

master is still responsible for the

deckhand’s actions while at the helm.

(2) One comment recommended that

paragraph (a)(6) of these sections be

reworded with ‘‘visual and/or radar

contacts’’ so that visual contacts are not

ignored.

The Coast Guard agrees that a

clarification is warranted and revises

these paragraphs.

Sections 122.335 and 185.335 Loading

Doors

One comment noted that paragraph

(a) of these sections requires loading

doors to be closed watertight. The

comment noted that vessels with Load

Lines are only required watertight

hatches below the freeboard deck. It was

recommended that the paragraphs be

revised to allow for weathertight loading

doors.

The Coast Guard agrees. The reference

to watertight is removed. Loading doors

that are required to be watertight should

be watertight when closed and secured.

The same goes for weathertight hatches.

Sections 122.410 and 185.410

Watchmen

One comment recommended that

these sections be expanded to include

language that a watchman shall provide

assistance and protection to ill

passengers located in deck areas.

Another comment recommended that

Commandant institute a change to 46

CFR 185.22 and require that at all times

during which bunks in passenger areas

below the main deck are occupied, the

vessel’s patrolman be required to guard

against missing passengers as well as

fire and other dangers. This will

increase safety by minimizing the

possible length of time before a

passenger is discovered missing.

The Coast Guard agrees. Any

passenger at risk of falling overboard

should be identified and dealt with

properly by the crew in order to prevent

a man overboard situation. The sections

are revised to include guarding against

a man overboard situation.

Sections 122.420 and 185.420 Crew

Training

(1) Two comments recommended the

words ‘‘once every three months’’ be

removed from paragraph (a). Sections

122.520 and 122.524 require monthly

drills and training.

The Coast Guard disagrees. Certain

aspects of the emergency instruction

placard and Station Bill are not covered

in the monthly drills. In addition, the

once every three month requirement is

intended to be used as a refresher and

review of the vessel’s safety procedures.

Drills need not be carried out during

this crew training.

(2) Five comments noted that many

companies operate sister or comparably

equipped vessels. The term ‘‘sister

vessel’’ should be incorporated into this

section.

The Coast Guard agrees that sister

vessels within a fleet should be

considered for crew training and drill

purposes. A new paragraph (b) is added

to address training on sister vessels.

(3) Two comments suggested

paragraph (a) is contrary to good crew

training. To bring a fresh, new crew

member up to par, especially in a

multiple boat fleet, is impossible

without on the job training. Experience

and shepherding from senior crew

members are the best training methods,

especially when backed up by company

training sessions. The Coast Guard

states that as with any job, new crew

members will have fewer

responsibilities than the more senior

crew members. The Coast Guard does

not see how requiring a company to

indoctrinate new employees is contrary

to good crew training. If individuals are

going to be placed in a position of

responsibility during an emergency,

then they should have the requisite

level of training.

(4) One comment stated that drill

documentation needs to be better

explained in §§ 122.420, 122.520, and

122.524. One comment recommended

that language should be revised or

added to state that when a vessel gets

underway with passengers on board, the

crew shall have sufficient training to

handle an emergency. Three comments

agreed with drill documentation; one

disagreed. One comment stated that

crew training requirements are too

costly, especially for seasonal

operations.

The Coast Guard considers the

language of the crew training sections of

subchapters K and T to be appropriate

and does not see the need to shorten or

further generalize the language.

(5) One comment suggested that crew

training should be amended to include

the identification of seasickness, with

extreme nausea, as a hazardous

condition.

The Coast Guard has not determined

that additional language regarding

seasickness is appropriate under the

crew training sections. Sections

covering man overboard, rough seas,

and the revised Watchman sections

provide adequate guidance to the master

concerning their responsibilities and

that of their crew to prevent or respond

to a man overboard situation.

(6) One comment stated that logging

drills is common sense, however, there

is no requirement to keep attendance

records on who has been trained. It was

recommended that this requirement be

added to the rule.

The Coast Guard notes that it is the

master’s responsibility to provide

training to all members of a vessel’s

crew. The Coast Guard agrees that

attendance records would be beneficial

in determining compliance with the

crew training requirements. However,

the Coast Guard does not want to limit

the compliance options currently open

to vessel operators. During the comment

period other options such as training

cards carried by each crewmember were

discussed.

Sections 122.504 and 185.504

Passenger Count

Seven comments stated that passenger

counts are not accurate. The intent of

these sections is understood, but the

problem is with compliance for some

operators, especially ferry vessel

operators. One comment suggested that

the requirement to keep a count of

disembarking passengers should not be

required for ferry vessels. Another

comment recommended that a

passenger count should not be required

on vessels traveling less than a mile or

on a run of less than 30 minutes.
51344 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

The Coast Guard’s position on

passenger lists and counts has not

changed from what was stated in the

IFR. The Coast Guard needs to be

informed of the number of people on

board a vessel in the event of a casualty

or other emergency requiring Coast

Guard assistance. The requirements

leave compliance methods up to the

operator. The Coast Guard has

determined that the maximum amount

of flexibility has been built into the

requirements while still maintaining the

integrity of the law in 46 U.S.C. 3502.

Sections 122.506 and 185.506

Passenger Safety Orientation

(1) Two comments stated that

passengers do not listen to the passenger

safety orientation presentation. Eight

comments recommended that the use of

placards on bulkheads, especially on

ferries and vessels in short (less than 30

minutes) and multiple stop service, be

authorized. One comment stated that

placards and handouts would only be

read by those who read the PFD

placards, that is, no one.

The Coast Guard advises that the

intent of the regulation is to inform

passengers of basic safety equipment

locations and emergency procedures in

the event of an emergency. This will

help reduce the amount of confusion

among passengers when crew members

are trying to maintain control in an

emergency.

(2) Two comments recommended

authorizing the use of a tape recording

on orientation when §§ 121.610 and

184.610 become mandated. Another

comment recommended authorizing the

use of handouts on vessels operating on

oceans and coastwise routes. The Coast

Guard agrees that all vessels should be

able to use the alternative

announcement in paragraph (b).

(3) One comment suggested that

paragraph (b)(2) is counterproductive,

would alarm passengers, and prove to

be a boon to ambulance chasers. One

comment stated that the requirement for

overnight passengers to don PFDs and

receive a safety orientation in paragraph

(d) trickled down from subchapters H

and K and should be eliminated from

subchapter T.

The Coast Guard disagrees. Some

operators commented that the

announcement is not practical due to

vessel design, operating environment,

duration of voyage, or other restrictions.

The Coast Guard agrees that the

requirement could be more flexible,

especially for ferries on short (less than

15 minute) runs. A new paragraph (c)

has been added to allow the OCMI

latitude in the use of bulkhead placards

for ferries under unique operating

conditions.

(4) Two comments recommended

changing the language in paragraph (a)

to read ‘‘as soon as possible after getting

underway’’ to allow for some flexibility

in the passenger orientation

requirement.

The Coast Guard agrees. Paragraph (a)

is changed to allow flexibility in when

the orientation is given.

(5) One comment recommended

adding zero tolerance language to safety

orientation.

The Coast Guard indicates there are

no plans to add zero tolerance language

to safety orientation. However, vessel

operators are not precluded from adding

their company’s zero tolerance language

to the passenger orientation.

(6) One comment recommended that

the Coast Guard should emphasize that

seasickness is a hazardous condition,

and that ill passengers should notify the

crew, find a ‘‘buddy’’ to assist them

during the illness, and don a PFD.

The Coast Guard agrees that all

passengers who become ill have the

right to contact a crewmember or the

master. It is the master’s responsibility

to look after the passengers on his or her

vessel. Afterall, this is a service industry

and passengers should expect to be

taken care of once on board a vessel.

However, the Coast Guard has not

determined that it is necessary to

require the master of a vessel to

announce that if passengers are ill, to

report to a crewmember.

(7) One comment recommended that

operators of older vessels, with lower

than legal handrails.

The Coast Guard states since

grandfathered vessels are allowed to

have rails at a height previously

approved, they are not illegal.

(8) Two comments suggested that the

welcome aboard speech should not

contain language that states that the

master will require passengers to don

PFDs in the event of a hazardous

condition. Sea conditions that would

require the donning of PFDs are avoided

by operators.

The Coast Guard disagrees. The

language is consistent with §§ 122.508

and 185.508. Informing passengers that

in an emergency, they shall be required

to don life jackets as directed by the

Captain should not put them under any

undue duress.

Section 185.508 Wearing of Life

Jackets

(1) One comment suggested that

crewmembers should be required to

wear type 5 inflatable PFDs on deck

when the master determines it is

necessary due to weather or other

extreme operating conditions. ‘‘The

failure of the master to give such an

order under such circumstances is gross

negligence.’’

The Coast Guard emphasizes that the

master of a vessel has the authority to

require the crew to don PFDs due to

operating or weather conditions.

Inflatable PFDs are allowed as per

§ 117.73 (c) and (d), and § 180.73 (c) and

(d) as work vests as long as they are

approved as such under the 160.053 or

160.077 series.

(2) One comment was uncomfortable

with the wording that the master shall

require passengers to don life jackets

under certain circumstances including

‘‘severe weather.’’ Severe weather needs

to be better defined or the word ‘‘shall’’

be changed to ‘‘may.’’

The Coast Guard states that replacing

‘‘shall’’ with ‘‘may’’ defeats the purpose

of the requirement. This section outlines

the master’s responsibility for getting

passengers and crew into life jackets

under certain circumstances. No

changes to this section were made.

(3) One comment stated that

paragraph (a)(4) requires passengers to

don PFDs when the vessel is under tow.

This wording should be changed to

‘‘disabled vessels under tow’’ in order to

avoid the interpretation that when the

vessel is using an assist tug to come

alongside a pier, the passengers must

don PFDs.

The Coast Guard disagrees that

paragraph (a)(4) should be clarified with

the proposed language in the comment.

(4) One comment recommended

adding paragraph (c) ‘‘The master of the

vessel shall strongly recommend that if

passengers become seasick and remain

on deck, they should don a lifejacket.’’

The Coast Guard agrees with the

intent of the comment about seasick

passengers donning life jackets.

However, the master of the vessel is

responsible for safety of the passengers

while on board his or her vessel. A

prudent mariner, noting a passenger in

distress to the point of being in danger

of falling overboard, will take the

appropriate action to ensure that

passenger’s safety. The Coast Guard has

determined that no changes to this

section of the regulations are required at

this time.

Section 185.510 Emergency

Instructions

One comment recommended

including seasickness with nausea in

the emergency instructions and indicate

appropriate cautionary actions to be

undertaken by the crew. The emergency

instructions are geared toward

emergencies affecting the entire vessel.
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51345

The Coast Guard has not determined

that it is appropriate to address

individual seasickness in this section.

Section 122.520 Abandon Ship and

Man Overboard Drills and Training

Three comments stated that the

requirement that a vessel cannot get

underway if more than 25% of the crew

has not received training is burdensome.

Abandon ship and man overboard drill

techniques, once mastered, are

transferable. It is recommended that

paragraph (2) be deleted as written.

Restate as a goal that the master shall

ensure that each crewmember is trained

to respond in an emergency. Four

comments recommended allowing for

crossover training on sister vessels. As

stated previously, the Coast Guard

modified the paragraph’s language to

allow for sister vessel training.

However, paragraph (b)(2) will be

retained so that new employees will

receive the proper indoctrination prior

to getting underway with passengers.

The Coast Guard agrees that certain

drill techniques are transferable,

however, vessel specific items such as

fire hydrant location and survival craft

type are not.

Section 122.524 Fire Fighting Drills

and Training

Three comments stated that fire

fighting drills are supported as long as

the master’s duty is cast as a goal

instead of a prescriptive standard.

The Coast Guard contends that the

requirements are appropriate as written.

Sections 122.602 and 185.602 Hull

Markings

One comment stated that the hull

marking requirements, specifically, the

loading and draft mark requirements,

are not necessary. Another comment

noted that paragraph (c)(2) requires

three draft marks. It was recommended

that the rule define the center mark as

the limiting draft, and that the fore and

aft marks are the limiting trim in either

direction.

The Coast Guard’s position on hull

markings has not changed. The Coast

Guard agrees that paragraph (c)(2) could

be better written. Both sections have

been rewritten to clarify the hull

marking requirements.

Section 122.604 Lifesaving Equipment

Markings

Two comments stated that referencing

IMO resolutions is not practical for

small passenger vessel owners. These

publications are difficult to locate and

expensive to purchase. It was

recommended to not cite the reference,

but quote the specific language.

The Coast Guard advises that the

referenced IMO publication for

lifesaving equipment markings is used

as an alternative to the standards

spelled out in §§ 122.604(f) and

185.604(f). These symbols can be

obtained at the local MSO, and it is not

necessary to purchase the publication.

Sections 122.730 and 185.730

Servicing of Inflatable Liferafts,

Inflatable Buoyant Apparatus, Inflatable

Life Jackets, and Inflated Rescue Boats

After review, the Coast Guard has

determined that liferafts and IBAs

should be required to be serviced at a

facility approved, by the Commandant,

to service that particular brand. The

reference in the IFR to the procedures in

§ 160.151 is troublesome because

§ 160.151 does not exist. A reference to

§ 160.051, which does exist, would be

obsolete and require revision soon.

However, both current and proposed

rules require that approved servicing

facilities perform approved servicing in

accordance with the applicable

regulations.

Section 170.173 Criterion for Vessels

of Unusual Proportion and Form

One comment recommended that this

section be revised to incorporate intact

stability standards and policy (NVICs,

PFMs, and MTNs) currently used by the

MSC for vessels that operate on

protected and partially protected waters.

The Coast Guard agrees. Criteria used

successfully in the past and listed in

MSC’s PFM 1–89 are incorporated into

this rule.

Part 171—Special Rules Pertaining to

Vessels Carrying Passengers

Public comments brought to the Coast

Guard’s attention that certain sections

regarding bulkhead penetrations,

watertight integrity, and deck drainage

for vessels less than 100 gross tons had

mistakenly been deleted from

subchapter S. The Coast Guard has

determined that the error occurred

during the creation of subchapter K.

When the NPRM was published in 1989,

the Coast Guard proposed that the

stability requirements in subchapter S

for vessels less than 100 gross tons be

moved back into subchapter T for the

convenience of the reader. The proposal

also involved the removal of redundant

language in subchapter S. When

subchapter K was proposed in the 1994

SNPRM, language was added to part 116

requiring subchapter K vessels to meet

applicable stability standards in

subchapter S with some exceptions

noted in subpart K. However, the

proposed revisions to subchapter S

deleting certain requirements for vessels

of less than 100 gross tons were not

removed from the rulemaking

document. In February, 1997, the MSC

sent out bulletin 01–97 to naval

architects, designers, and boat builders

throughout the United States explaining

the error and providing interim

guidance until publication of the final

rule. The Coast Guard has amended part

171 in this final rule by reinstating

§§ 171.110, 171.114, 171.115, 171.119,

171.120, 171.122, 171.124, 171.130,

171.140, 171.145, 171.150, and 171.155

as published in the October 1, 1995

edition of 46 CFR parts 166 to 199. The

Coast Guard apologizes for any

confusion this error may have caused to

the small passenger vessel industry.

Incorporation by Reference

The Director of the Federal Register

has approved the material in §§ 114.600

and 175.600 for incorporation by

reference under 5 U.S.C. 552 and 1 CFR

part 51. Copies of the material are

available from the sources listed in

those sections.

Regulatory Evaluation

This Final rule is a significant

regulatory action under section 3(f) of

Executive order 12866 and has been

reviewed by the Office of Management

and Budget (OMB) under that Order. It

is significant under the regulatory

policies and procedures of the

Department of Transportation (44 FR

11040; February 26, 1979). A regulatory

evaluation, with addendum, is available

in the docket for inspection and copying

where indicated under ADDRESSES.

A draft regulatory evaluation was

prepared for the SNPRM based on

comments to the NPRM and placed in

the rulemaking docket. The evaluation

contained information on the

methodology and data sources used in

determining costs and benefits, details

on the costs and benefits of over 70

changes, alternatives to proposed

changes, costs for sample small

passenger vessels, and a profile of the

small passenger fleet and its casualty

history. The Coast Guard received

several comments stating that the draft

evaluation for contained outdated costs

and objecting to the risk-assessment

methodology used and the cost/benefit

analysis.

The SNPRM identified the three most

significant monetary cost/benefit items

of this rulemaking as—

1. Liferafts or inflatable buoyant

apparatus for certain vessels;

2. Passenger/crew lists; and

3. Fixed fire extinguishing systems in

machinery spaces.

As a result of the comments received

on the draft evaluation and the SNPRM
51346 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

as a whole, the Coast Guard

significantly reduced the cost of the

rulemaking by incorporating the

following changes in the IFR:

1. Reduced the number of vessels

required to carry inflatable survival

craft.

2. Revised the passenger and crew list

requirements.

In addition, the Coast Guard made

other significant changes in the IFR that

resulted in reduced costs to the small

passenger vessel industry. For example,

the IFR—

1. Provided more options to meet

structural fire protection requirements;

2. Eliminated the requirement to

install overspeed trip devices for main

propulsion engines and generators; and

3. Deleted the requirement to have

wooden vessels more than 20 years old

drydocked annually.

In order to address the impact of these

changes, the Coast Guard provided an

addendum to the draft regulatory

evaluation prepared for the SNPRM.

The addendum updated the changes in

cost associated with the elimination of

some of the inflatable lifesaving

equipment and of the requirements to

maintain passenger and crew list for

certain vessels. In order to provide

consistency with the draft evaluation,

the addendum used the same methods

of calculating the total and Average

Annual Cost (AAC) of the requirements.

However, the information used to

calculate the number of vessels affected

and the cost of required equipment were

updated to provide an accurate estimate.

The Coast Guard determined that by

adopting these changes, the overall costs

of this rule to the industry was reduced

by 63 percent. The comments from

industry on the IFR confirmed the

significant cost reductions and

applauded the Coast Guard’s efforts.

The Coast Guard has determined that

the changes made by this final rule,

including the elimination of the K′

threshold, will not change the impact of

this rule significantly. As a result, no

further changes were made to the final

regulatory evaluation adopted in the

IFR.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

As discussed at length in Small

Entities section of the preamble to the

IFR (61 FR 883), this rule will affect the

operators of small passenger vessels.

These firms come under the Standard

Industrial Code (SIC) categories 4489

(Water Transportation of Passengers)

and 4482 (Ferries), both of which are

considered small entities if they have

500 or less employees.

We received numerous comments

pointing out an error in the Small

Entities section in the IFR. The

comments disagreed with the statement

that few small entities operate the 405

vessels carrying more than 150

passengers. In fact, nearly all owners

and operators of small passenger

vessels, including vessels carrying more

than 150 passengers, constitute small

entities under the SIC. Owners and

operators of vessels carrying more than

150 passengers are subject to higher

costs than other small passenger vessels

due to additional requirements, such as

structural fire protection. The Coast

Guard contends that, despite these

additional requirements, this rule still

should not have a significant economic

impact on owners and operators vessels

carrying more than 150 passengers

because of the size of their operations

and volume of their business.

As very likely all of the entities

affected by this rulemaking are small

entities, the entire regulatory evaluation

prepared for this rulemaking is

applicable to small entities. For a

discussion of the impacts of this

rulemaking, see the Regulatory

Evaluation section in this preamble.

The only potential impact that the

changes to the IRF will have results

from the removal of the K 1 category.

The requirement for stairtowers landing

areas is restored for vessels having

overnight accommodations for more

than 49 passengers. However, because

this type of vessel was built to the

guidelines in NVIC 11–83, which

required stairtower landing areas in

accordance with subchapter H, this

change will have no effect on existing

vessels. In addition, it will provide

consistency for boat builders who have

built this type of vessel for the past 13

years. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this final rule will not have

a significant economic impact on a

substantial number of small entities.

Assistance for Small Entities

In accordance with section 213(a) of

the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub.

L. 104–121), the Coast Guard will

answer questions by small entities

concerning information on, and advice

about, compliance with statutes and

regulations, interpreting and applying

the law to specific sets of facts supplied

by the small entity. For questions

concerning this rule, contact the Vessel

Compliance Division (G-MOC–2) at

202–267–1464.

Collection of Information

This final rule provides for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.). As required by 5

U.S.C. 3507(d), the Coast Guard

submitted a copy of this rule to the

Office of Management and Budget

(OMB) for review of the collection of

information. OMB has approved the

collection. The sections providing for a

collection are listed in the discussion of

collection of information in the

preamble to the interim final rule (61 FR

884). The corresponding approval

number from OMB is OMB Control

Number 2115–0578, which expires on

August 13, 1999. The collections

concern the inspection and certification

of vessels, including the preparation

and submittal of applications and plans

for certificates and the marking vessels

and equipment.

Persons are not required to respond to

a collection of information unless it

displays a currently valid OMB control

number.

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612 and has determined that this rule

does not have sufficient implications for

federalism to warrant the preparation of

a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this final rule

and concluded that, under paragraphs

2.B.2.e.(34)(c) through (e) of

Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation.

This rule concerns the inspection,

certification, and equipping of vessels

and the training of maritime personnel.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket for inspection or copying where

indicated under ADDRESSES.

List of Subjects

46 CFR Parts 114 and 175

Incorporation by reference, Marine

safety, Passenger vessels, Reporting and

recordkeeping requirements.
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51347

46 CFR Parts 115 and 176

Fire prevention, Marine safety,

Passenger vessels, Reporting and

recordkeeping requirements.

46 CFR Parts 116, 117, 119, 171, 178,

179, 180, and 182

Marine safety, Passenger vessels.

46 CFR Parts 118 and 181

Fire prevention, Marine safety,

Passenger vessels.

46 CFR Parts 120 and 183

Electric power, Marine safety,

Passenger vessels.

46 CFR Parts 121 and 184

Communications equipment, Marine

safety, Navigation (water), Passenger

vessels.

46 CFR Parts 122 and 185

Alcohol and alcoholic beverages,

Drugs, Hazardous materials, Marine

safety, Navigation (water), Passenger

vessels, Reporting and recordkeeping

requirements.

46 CFR Part 170

Marine safety, Reporting and

recordkeeping requirements, Vessels.

46 CFR Part 173

Marine safety, Vessels.

46 CFR Part 177

Marine safety, Passenger vessels,

Reporting and recordkeeping

requirements.

For the reasons set out in the

preamble, the Coast Guard adopts the

interim rule amending 46 CFR parts 114

through 122, 170, 171, 173, and 175

through 185, which was published at 61

FR 864 on January 10, 1996, as a final

rule with the following changes:

Subchapter K—Small Passenger

Vessels Carrying More Than 150

Passengers or With Overnight

Accommodations for More Than 49

Passengers

PART 114—GENERAL PROVISIONS

1. The authority citation for part 114

is revised to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; 49

U.S.C. App. 1804; 49 CFR 1.45, 1.46. Sec.

114.900 also issued under 44 U.S.C. 3507.

2. In § 114.110, revise paragraph (a) to

read as follows; remove paragraphs (b)

and (c); redesignate paragraph (f) as

paragraph (b); redesignate paragraphs

(d) and (e) as paragraphs (c) and (d),

respectively; and remove paragraph (g)

and table 114.110(g):

§ 114.110 General applicability.

(a) Except as in paragraph (b) of this

section, this subchapter applies to each

vessel of less than 100 gross tons that

carries more than 150 passengers, or has

overnight accommodations for more

than 49 passengers, and that—

(1) Carries at least one passenger for

hire;

(2) Is chartered with or without a crew

provided or specified by the owner or

the owner’s representative; or

(3) If a submersible vessel, carries at

least one passenger for hire.

Note to paragraph (a): For a vessel of less

than 100 gross tons that carries 150 or less

passengers or has overnight accommodations

for 49 or less passengers, see subchapter T of

this chapter.

* * * * *

3. In § 114.400, in paragraph (b),

revise the definitions for

‘‘accommodation space’’ introductory

text, ‘‘atrium,’’ ‘‘auxiliary machinery

space,’’ ‘‘cold water,’’ ‘‘hardwood,’’

‘‘high risk accommodation space,’’

‘‘high risk service spaces,’’ ‘‘High Speed

Craft,’’ ‘‘low risk service spaces,’’

‘‘machinery space,’’ ‘‘overnight

accommodations or overnight

accommodation space,’’ and ‘‘passenger

accommodation space’’ and add, in

alphabetical order, a definition for

‘‘approval series’’ and ‘‘exit’’ to read as

follows:

§ 114.400 Definitions of terms used in this

subchapter.

* * * * *

(b) * * *

Accommodation space (5, 6, or 7

depending on size, fire load, and

furnishings) means a space that does not

contain any cooking appliance other

than a microwave oven or other low

heat (maximum heating element

temperature less than 121°C (250°F))

appliance used as a—

* * * * *

Approval series means the first six

digits of a number assigned by the Coast

Guard to approved equipment. Where

approval is based on a subpart of

subchapter Q of this chapter, the

approval series corresponds to the

number of the subpart. A listing of

approved equipment, including all of

the approval series, is published

periodically by the Coast Guard in

Equipment Lists (COMDTINST

M16714.3 series), available from the

Superintendent of Documents.

* * * * *

Atrium (5 or 7 depending on fire load

and furnishings) means a continuous

deck opening connecting more than two

deck levels within an accommodation

space that is covered at the top of the

series openings and is used for purposes

other than an enclosed stairway, or a

utility trunk for pipe, cable, or

ductwork.

Auxiliary machinery space (12) means

a space containing only pumps, tanks,

electrical machinery, ventilation or air

conditioning equipment, refrigeration

machinery, resistors steering machinery,

etc., with not more than 2.5 kilograms

per square meter (0.5 pounds per square

foot) of combustible storage.

* * * * *

Cold water means water where the

monthly mean low water temperature is

normally 15 degrees Celsius (59 degrees

Fahrenheit) or less.

* * * * *

Exit means—

(1) A stairtower or a stairway which

terminates at an area of refuge or

embarkation station; or

(2) A door which leads directly to an

area of refuge or embarkation station.

* * * * *

Hardwood means oak or a similar

wood with a specific gravity of

approximately 0.6 and having fire

resistant properties similar to oak.

* * * * *

High risk accommodation space (6 or

7 depending on size) means an

accommodation space that contains a

fire load greater than 15 kilograms per

square meter (3 pounds per square foot),

or a cleaning gear locker which contains

storage space for materials other than

flammable liquids and which has a deck

area less than 5 square meters.

High risk service spaces (9) include—

(1) Galley;

(2) Large laundry or drying room;

(3) Garbage or trash disposal storage

area;

(4) Paint or lamp locker;

(5) Cleaning gear locker or small

storeroom in an accommodation area;

(6) Mail or baggage room; and

(7) Pantries and storerooms which

contain flammable liquids or have a

deck area not less than 5 square meters

including connecting alleyways and

stairs.

* * * * *

High Speed Craft means a craft that is

operable on or above the water and has

characteristics so different from those of

conventional displacement ships, to

which the existing international

conventions, particularly SOLAS, apply,

that alternative measures should be

used to achieve an equivalent level of

safety. In order to be considered a high

speed craft, the craft must be capable of

a maximum speed equal to or exceeding

V=3.7 X displ1667 h, where ‘‘V’’ is the

maximum speed and ‘‘displ’’ is the

vessel displacement corresponding to

the design waterline in cubic meters.
51348 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

Low risk service spaces (8) include—

(1) Cleaning gear lockers which have

a deck area less than 5 meters

containing only slop sinks, and having

no room for stowing materials other

than brooms, mops, or soap;

(2) Small laundries or drying rooms

containing only a tub, washing machine,

and/or household type electric dryer;

(3) Workshops that are not part of a

machinery space;

(4) Washrooms and toilet spaces; and

(5) Motion picture projection rooms.

* * * * *

Machinery space (10) means a space,

including a trunk, alleyway, stairway, or

duct to such a space, that contains—

(1) Propulsion machinery of any type;

(2) Steam or internal combustion

machinery;

(3) Oil transfer equipment;

(4) Electrical motors of more than 10

hp;

(5) One or more oil-fired boilers or

heaters; or

(6) Electrical generating machinery.

* * * * *

Overnight accommodations or

overnight accommodation space (5, 6 or

7 depending on size, fire load and

furnishings) means an accommodation

space for use by passengers or by crew

members, that has one or more berths,

including beds or bunks, for passengers

or crew members to rest for extended

periods. Staterooms, cabins, and

berthing areas are normally overnight

accommodation spaces. Overnight

accommodations do not include spaces

that contain only seats, including

reclining seats.

* * * * *

Passenger accommodation space (5, 6

or 7 depending on size, fire load, and

furnishings) means an accommodation

space designated for the use of

passengers.

* * * * *

§ 114.540 [Amended]

4. In § 114.540(b), remove the word

‘‘pending’’.

5. In § 114.600(b), under the entry for

American Bureau of Shipping, add a

new entry for ‘‘Guide for High Speed

Craft’’ at the end and, under the entry

for National Fire Protection Association,

remove the words ‘‘NFPA 13–1994’’,

‘‘NFPA 70–1993’’, ‘‘NFPA 92B–1991’’,

and ‘‘NFPA 701–1989’’ and add, in their

place, the words ‘‘NFPA 13–1996’’,

‘‘NFPA 70–1996’’, ‘‘NFPA 92B–1995’’,

and ‘‘NFPA 701–1996’’, respectively:

§ 114.600 Incorporation by reference.

* * * * *

(b) * * *

* * * * *

American Bureau of Shipping (ABS)

* * * * *

Guide for High Speed Craft, 1997 116.300

* * * * *

6. Revise § 114.800(b) to read as

follows:

§ 114.800 Approved equipment and

material.

* * * * *

(b) Coast Guard publication

COMDTINST M16714.3 (Series)

‘‘Equipment Lists, Items Approved,

Certificated or Accepted under Marine

Inspection and Navigation Laws,’’ lists

approved equipment by type and

manufacturer. COMDTINST M16714.3

(Series) may be obtained from New

Orders, Superintendent of Documents,

P.O. Box 371954, Pittsburgh, PA 15250–

7954.

PART 115—INSPECTION AND

CERTIFICATION

7. The authority citation for part 115

continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C.

2103, 3306; 49 U.S.C. App. 1804; E.O. 11735,

38 FR 21243, 3 CFR, 1971–1975 Comp., p.

743; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

8. In § 115.600(b), revise the first

sentence to read as follows:

§ 115.600 Drydock and internal structural

examination intervals.

* * * * *

(b) A vessel making an international

voyage subject to SOLAS requirements

must undergo a drydock examination at

least once every 12 months. * * *

* * * * *

§ 115.612 [Amended]

9. In § 115.612(b), remove the words

‘‘such as’’ and add, in their place, the

words ‘‘including, but not limited to,’’.

§ 115.802 [Amended]

10. In § 115.802(c), remove the words

‘‘the working of the hull’’ and add, in

their place, the words ‘‘the hull and

internal structure’’.

§ 115.808 [Amended]

11. In § 115.808, in paragraph (a)(1),

remove the words § 71.25–15 in

subchapter H (Passenger Vessels) of this

chapter’’ and add, in their place, the

words ‘‘§ 122.520 of this chapter’’ and,

in paragraph (a)(4), after the word

‘‘liferaft’’, add the words, inflatable

buoyant apparatus,’’.

§ 115.810 [Amended]

12. In § 115.810(b), in table

115.810(b), in the ‘‘Test’’ column, in the

fourth sentence for the entry ‘‘Carbon

dioxide’’, remove the word ‘‘Inspection’’

and add, in its place, the word

‘‘Inspect’’.

13. Revise § 115.812(a) to read as

follows:

§ 115.812 Pressure vessels and boilers.

(a) Pressure vessels must be tested

and inspected in accordance with part

61, subpart 61.10, of this chapter; except

that, they must be inspected once every

3 years instead of at the intervals in

§ 61.10–5(a), (b), and (d) of this chapter.

* * * * *

PART 116—CONSTRUCTION AND

ARRANGEMENT

14. The authority citation for part 116

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

15. In § 116.300, in paragraph

(b)(1)(ii), remove the words ‘‘Aluminum

Vessels;’’ and add in their place, the

words ‘‘Aluminum Vessels; or’’ and add

paragraph (b)(2) to read as follows:

§ 116.300 Structural design.

* * * * *

(b) * * *

(2) ABS Guide for High Speed Craft.

* * * * *

16. Revise § 116.405(f) to read as

follows:

§ 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

a flame spread rating of not more than

20 and a smoke developed rating of not

more than 10 when tested in accordance

with ASTM E–84 or UL 723 by an

independent laboratory.

* * * * *

17. In § 116.415, revise paragraph

(a)(1), table 116.415(b), and table

116.415(c) to read as follows:

§ 116.415 Fire control boundaries.

(a) * * *

(1) Major hull structure—The hull,

structural bulkheads, columns and

stanchions, superstructures, and

deckhouses must be composed of steel

or equivalent material.

* * * * *
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51349

TABLE 116.415(b)—BULKHEADS

Spaces (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

Control Space (1) ............... B–0 A–0 A–0 A–0 A–15 A–60 A–60 A–0 A–60 A–60 A–60 A–0 A–0

Stairway (2) ........................ A–0 4 A–0 A–0 A–0 A–60 A–60 A–0 A–15 A–15 A–15 A–0 A–0

Corridor (3) ......................... C A–0 B–0 B–0 A–0 B–0 A–0 A–0 A–0 A–0 A–0

Embarkation Station (4) ..... C A–0 A–0 A–0 A–0 A–0 A–0 A–0 C’ 1 C

Low Risk Accommodation

(5).

B–0 B–15 B–15 B–0 2 A–15 A–15 A–15 A–0 A–0

High Risk Accommodation

(6) (≤50 sq. m.).

B–15 A–30 B–0 2 A–60 A–60 A–60 A–0 A–0

High Risk Accommodation

(7) (>50 sq. m.).

A–60 B–0 2 A–60 A–60 A–60 A–0 A–0

Low Risk Service Spaces

(8).

C A–0 A–0 A–0 A–0 A–0

High Risk Service Spaces

(9).

C 3 A–0 A–0 A–0 A–0

Machinery Spaces (10) ...... C A–0 A–0 A–0

Cargo Spaces (11) ............. A–0 A–0 A–0

Auxiliary Machinery spaces,

voids, fuel and water

tanks (12).

C’ 1 C’ 1

Open decks (not safety

areas) (13).

C

1Boundaries of fuel tanks, auxiliary machinery spaces, and voids that contain a fire load in excess of 2.5kg/m 2 (0.5 pounds per square foot)

must be minimum A–0 Class construction. 2Toilet space boundaries may be reduced to C’–Class.

3 C–Class bulkheads may be used between two similar spaces, such as between two storerooms; however, an A–0 Class bulkhead shall be

used between two dissimilar spaces, such as a storeroom and a workshop. 4Separation is not required within a single stairtower. A–0 construction is required between two distinct stairtowers.

* * * * * * *

TABLE 116.415(c)—DECKS

Space Above (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

Space Below:

Control Space (1) ........ A–0 A–0 A–15 A–0 A–0 A–15 A–30 A–0 A–0 A–0 A–0 A–0 A–0

Stairway (2) ................. A–0 C A–0 A–0 A–0 A–0 A–0 A–0 A–0 A–0 A–0 A–0 A–0

Corridor (3) .................. A–0 A–0 A–0 A–0 A–0 A–0 A–15 A–0 A–0 A–0 A–0 A–0 A–0

Embarkation Station

(4).

A–0 A–0 A–0 C A–0 A–0 A–0 A–0 A–0 A–0 A–0 C’ 1 C

Low Risk Accommodation (5).A–15 A–15 A–0 A–0 A–0 A–0 A–15 A–0 A–0 A–0 A–0 A–0 A–0

High Risk Accommodation(6) (≤50 sq. m.).A–60 A–60 A–30 A–15 A–0 A–30 A–60 A–0 A–0 A–0 A–0 A–0 A–0

High Risk Accommodation (7) (>50 sq. m.).A–60 A–60 A–60 A–30 A–15 A–60 A–60 A–0 A–0 A–0 A–0 A–0 A–0

Low Risk Service

Spaces (8).

A–0 A–0 A–0 A–0 A–0 A–0 A–0 A–0 A–0 A–0 A–0 A–0 A–0

High Risk Service

Spaces (9).

A–60 A–30 A–30 A–30 A–15 A–60 A–60 A–0 A–0 A–0 A–0 A–0 A–0

Machinery Spaces (10) A–60 A–60 A–60 A–30 A–15 A–60 A–60 A–0 A–0 C A–0 A–0 A–0

Cargo Spaces (11) ...... A–60 A–30 A–30 A–30 A–15 A–60 A–60 A–0 A–0 A–0 A–0 A–0 A–0

Auxiliary Machinery

Spaces, voids, fuel

and water tanks (12).

A–0 A–0 A–0 C’ 1 A–0 A–0 A–0 A–0 A–0 A–0 A–0 C’ 1 A–01

Open decks (not safety

areas) (13).

A–0 A–0 A–0 C A–0 A–0 A–0 A–0 A–0 A–0 A–0 A–0 1 C

1Boundaries of fuel tanks, auxiliary machinery spaces, and voids that contain a fire load in excess of .025 kPa (0.5 pounds per square foot)

must be minimum A–0 Class construction.

§ 116.422 [Amended]

18. In § 116.422, in paragraphs (b)(2)

and (c)(1), remove the words ‘‘20

millimeters’’ and add, in their place, the

words ‘‘2 millimeters’’ and, in

paragraph (c)(2), add, after the word

‘‘bulkheads’’, the words ‘‘and ceiling’’.

19. Revise § 116.427(a)(1) to read as

follows:

§ 116.427 Fire load of accommodation and

service spaces.

(a) * * *

(1) A space is designated as a low risk

accommodation space by the owner; or

* * * * *

20. In § 116.433, add paragraph (g) to

read as follows:
51350 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

§ 116.433 Windows and air ports in fire

control boundaries.

* * * * *

(g) Windows complying with

paragraphs (a) through (d) of this section

may be installed in the external

boundaries of stairtowers if there are no

unprotected openings in the side of the

vessel below the windows and if the

windows are not exposed to any other

parts of the vessel at an angle of less

than 180 degrees.

21. In § 116.435, add two sentences at

the end of paragraph (c)(9) and add

paragraph (c)(10) to read as follows:

§ 116.435 Doors.

* * * * *

(c) * * *

(9) * * *. In any case, no restriction

as to the area of glass will be made for

the doors insofar as this subpart is

concerned. Only glass of the wireinserted type may be fitted in the doors.

(10) Except as noted in paragraph

(c)(9) of this section, doors may be fitted

with not more than 0.065 square meters

(100 square inches) of glass, which must

be of the wire-inserted type.

* * * * *

22. In § 116.438, redesignate

paragraphs (a) through (m) as

paragraphs (b) through (n) respectively;

add new paragraph (a); and revise newly

redesignated paragraphs (m)(2), (m)(3),

and (m)(6) to read as follows:

§ 116.438 Stairtowers, stairways, ladders,

and elevators.

(a) A vessel carrying more than 600

passengers or with overnight

accommodations for more than 49

passengers must meet the requirements

for stairways, ladders, and elevators in

§ 72.05–20 of this chapter.

* * * * *

(m) * * *

(2) Each stairtower must give access to

an embarkation station or an area of

refuge identified in the emergency

escape plan required by § 116.520.

(3) Stairtowers must not give direct

access to overnight accommodations or

spaces of type 9, 10, 11, or 12.

* * * * *

(6) For vessels in which a stairtower

is not required, a stairway must provide

a means of escape for each deck of the

main vertical zone.

* * * * *

23. In § 116.439, in paragraph (d),

remove the words ‘‘the requirements of

§ 76.25 in subchapter H of this chapter’’

and add, in their place, the words

‘‘NFPA 13’’ and revise paragraph (e) to

read as follows:

§ 116.439 Balconies.

* * * * *

(e) If the unobstructed balcony

opening area is less than 93 square

meters (1,000 square feet), the opening

must be protected in accordance with

NFPA 13 or other standard specified by

the Commandant. The horizontal

projection area of stairs, escalators,

statues, etc. must be subtracted from the

total balcony opening area for purposes

of computation of unobstructed balcony

opening area.

§ 116.440 [Amended]

24. In § 116.440(c), remove the words

‘‘the requirements of § 76.25 in

subchapter H of this chapter’’ and add,

in their place, the words ‘‘NFPA 13’.

25. In § 116.500, revise paragraph (h);

in paragraph (k)(1), remove the words

‘‘space; and’’ and add, in their place, the

words ‘‘space; or’’; and revise paragraph

(p)(1) to read as follows:

§ 116.500 Means of escape.

* * * * *

(h) The maximum allowable travel

distance, measured as actual walking

distance from the most remote point in

a space to the nearest exit, must not be

more than be 46 meters (150 feet).

* * * * *

(p) * * *

(1) The space has a deck area less than

30 square meters (322 square feet);

* * * * *

26. In § 116.520, revise the

introductory text of paragraph (b) to

read as follows:

§ 116.520 Emergency evacuation plan.

* * * * *

(b) Provide procedures for evacuating

all affected spaces for each casualty

identified as required by paragraph (a)

of this section without abandoning the

vessel, including—

* * * * *

§ 116.600 [Amended]

27. In § 116.600(c), after the word

‘‘enclosed’’, add the words ‘‘passenger

or’’.

§ 116.610 [Amended]

28. In § 116.610, remove paragraphs

(f)(3), (i), (j), and (k) and redesignate

paragraphs (f)(4) through (f)(8) as

paragraphs (f)(3) through (f)(7),

respectively.

§ 116.810 [Amended]

29. In § 116.810, in paragraph (b),

remove the word ‘‘millimeter’’ and add,

in its place, the word ‘‘millimeters’’ and,

in paragraph (c), after the number

‘‘1,065’’, add the word ‘‘millimeters’’.

PART 117—LIFESAVING EQUIPMENT

AND ARRANGEMENTS

30. The authority citation for part 117

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

31. Revise § 117.10 to read as follows:

§ 117.10 Applicability to vessels on an

international voyage.

A vessel on an international voyage

subject to the International Convention

for Safety of Life at Sea, 1974, as

amended, (SOLAS) must meet the

requirements in subchapter W of this

chapter for passenger vessels in the

same service, instead of the

requirements of this part.

32. In § 117.68, revise the paragraph

heading and introductory text of

paragraph (a) to read as follows:

§ 117.68 Distress flares and smoke

signals.

(a) Oceans, coastwise, limited

coastwise, and Great Lakes routes. A

vessel on an oceans, coastwise, limited

coastwise, or Great Lakes route must

carry—

* * * * *

33. In subpart C, revise the subpart

heading to read as follows:

Subpart C—Ring Life Buoys and Life

Jackets

§ 117.70 [Amended]

34. In § 117.70(c)(5), remove ‘‘510

kilograms’’ and add, in its place, ‘‘5

kilonewtons’’.

35. Add § 117.71(e) to read as follows:

§ 117.71 Life jackets.

* * * * *

(e) Each life jacket carried on board

the vessel must be marked in

accordance with § 122.604 of this

chapter.

§ 117.130 [Amended]

36. In § 117.130(b), remove the words

‘‘in accordance with § 160.062 in

subchapter Q of this chapter, or other’’

and add, in their place, the words

‘‘under part 160, subparts 160.062 or

160.162, of this chapter or a’’.

37. Revise § 117.150(a) introductory

text to read as follows:

§ 117.150 Survival craft embarkation

arrangements.

(a) A launching appliance approved

under part 160, subpart 160.163, of this

chapter or a marine evacuation system

approved under part 160, subpart

160.175, of this chapter must be

provided for each inflatable liferaft and
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51351

inflatable buoyant apparatus when

either—

* * * * *

38. In § 117.175, redesignate

paragraphs (c) through (f) as paragraphs

(d) through (g), respectively; add a new

paragraph (c); and revise newly

redesignated paragraph (f)(4) to read as

follows:

§ 117.175 Survival craft equipment.

* * * * *

(c) Inflatable buoyant apparatus. Each

inflatable buoyant apparatus must be

equipped in accordance with the

manufacturer’s approved servicing

manual.

* * * * *

(f) * * *

(4) Light. The light must be a floating

waterlight approved under part 161,

subpart 161.010, of this chapter or a

standard specified by the Commandant.

The floating waterlight must be attached

around the body of the life float or

buoyant apparatus by a 10 mm (3/8

inch) lanyard, resistant to deterioration

from ultraviolet light, and at least 5.5

meters (18 feet) in length.

* * * * *

39. In § 117.200, in paragraph (a)(1),

remove the words ‘‘Subpart 160.151 in

subchapter Q’’ and add, in their place,

the words ‘‘Approved under part 160,

subpart 160.151,’’; in paragraph (a)(2),

remove the words ‘‘Subpart 160.027 in

subchapter Q’’ and add, in their place,

the words ‘‘Approved under part 160,

subpart 160.027,’’; in paragraphs (a)(3)

and (a)(4), remove the words ‘‘Subpart

160.010 in subchapter Q’’ and add, in

their place, the words ‘‘Approved under

part 160, subpart 160.010,’’; in

paragraph (b), remove the words

‘‘buoyant apparatus or’’; in paragraph

(c), remove the last sentence; and, in

table 117.200(c), revise footnotes 8 and

9 to read as follows:

§ 117.200 Survival craft—general.

* * * * *

(c) * * *

Table 117.200(c)

* * * * *

Footnotes:

* * * * * 8Shallow water exception—

§ 117.207(e). 9OCMI may reduce survival craft

requirements based upon the route,

communications schedule, and

participation in VTS—§ 117.207(f) and

§ 117.208(e).

* * * * *

40. In § 117.210, redesignate

paragraph (b) as paragraph (c); add a

new paragraph (b); and revise newly

redesignated paragraph (c) to read as

follows:

§ 117.210 Rescue boats.

* * * * *

(b) In general, a rescue boat must be

a small, light-weight boat with built-in

buoyancy and be capable of being

readily launched and easily

maneuvered. In addition, it must be of

adequate proportion to permit taking an

unconscious person on board without

capsizing.

(c) On a vessel of more than 19.8

meters (65 feet) in length operating on

protected waters, a rescue boat

complying with part 160, subpart

160.056, of this chapter is acceptable in

meeting the intent of this section. On a

vessel of more than 19.8 meters

operating on exposed or partially

protected waters, a rescue boat

approved under part 160, subpart

160.156, of this chapter is acceptable in

meeting the intent of this section. On a

vessel of not more than 19.8 meters (65

feet) in length, a required rescue boat

must be acceptable to the cognizant

OCMI.

PART 118—FIRE PROTECTION

EQUIPMENT

41. 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; 49 CFR 1.46.

42. In § 118.300, revise paragraph (c)

to read as follows and, in paragraph (e),

remove the ‘‘, manual’’:

§ 118.300 Fire pumps.

* * * * *

(c) On a vessel carrying more than 600

passengers or with overnight

accommodations for more than 49

passengers, the fire pump must meet

§ 76.10–5 of this chapter.

* * * * *

43. In § 118.310, revise paragraph (a)

and add paragraphs (c) and (d) to read

as follows:

§ 118.310 Fire main and hydrants.

(a) Except as required by paragraph

(d) of this section, a vessel must have a

sufficient number of fire hydrants to

reach any part of the vessel using a

single length of fire hose.

* * * * *

(c) Each fire hydrant must have a

valve installed to allow the fire hose to

be removed while the fire main is under

pressure.

(d) On a vessel carrying more than

600 passengers or with overnight

accommodations for more than 49

passengers, the fire main and hydrants

must meet § 76.10–10 of this chapter.

§ 118.320 [Amended]

44. In § 118.320, in paragraph (a),

remove the words ‘‘fire stations located

an’’ and add, in their place, the words

‘‘fire hydrants located on’’ and, in

paragraph (c)(1), remove ‘‘§ 162.027 in

subchapter Q’’ and add, in its place

‘‘part 162, subpart 162.027,’’.

§ 118.400 [Amended]

45. In § 118.400(e), after the word

‘‘Except’’, add the words ‘‘for

continuously manned operating

stations’’.

46. In § 118.410, revise paragraphs

(b)(2) and (c)(2)(ii); in paragraph (d)(1),

remove the words ‘‘fitting or’’ and add,

in their place, the words ‘‘fitting of’’; in

paragraph (d)(7)(i), remove the word

‘‘value’’ and add, in its place, the word

‘‘valve’’; revise the first sentence of

paragraph (d)(7)(ii) to read as follows; in

paragraph (d)(8)(iii), remove the word

‘‘value’’ and add, in its place, the word

‘‘valve’’; in paragraph (f)(4)(v), remove

the words ‘‘millimeters is determined’’

and add, in their place, the words

‘‘millimeters (inches) is determined’’

and, after the word ‘‘kilograms’’, add the

word ‘‘(pounds)’’; and, in paragraph

(f)(5)(i), after the word ‘‘kilograms’’, add

the word ‘‘(pounds)’’.

§ 118.410 Fixed gas fire extinguishing

systems.

* * * * *

(b) * * *

(2) Except for a normally unoccupied

space of less than 170 cubic meters

(6000 cubic feet), release of an

extinguishing agent into a space must

require two distinct operations.

* * * * *

(c) * * *

(2) * * *

(ii) Have manual controls in

compliance with paragraph (b) of this

section except for paragraph (b)(3) of

this section.

* * * * *

(d) * * *

(7) * * *

(ii) A distribution line to a space

protected by the system must be

subjected to a test similar to that

described in paragraph (d)(7)(i) of this

section, except that the pressure used

must be 4,136 kPa (600 psi). * * *

* * * * *

§ 118.500 [Amended]

47. In § 118.500(a), in table

118.500(a), in the column entitled ‘‘Min.

size’’, remove the entry ‘‘2.3 kg (5 lb)’’

and add, in its place, the entry ‘‘4.5 kg

(10 lb)’’.
51352 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

PART 119—MACHINERY

INSTALLATION

48. The authority citation for part 119

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 119.320 [Amended]

49. In § 119.320, redesignate

paragraph (a) as paragraph (b) and

paragraph (b) as paragraph (a).

§ 119.430 [Amended]

50. In § 119.430, remove paragraph (d)

and redesignate paragraphs (e) through

(l) as paragraphs (d) through (k),

respectively.

§ 119.458 [Amended]

51. In § 119.458(a), add, after the word

‘‘for’’, the words ‘‘portable dewatering

pumps or’’.

52. Revise § 119.465(f) to read as

follows:

§ 119.465 Ventilation of spaces containing

diesel machinery.

* * * * *

(f) Except as required by § 116.610(f)

of this chapter, dampers may not be

fitted in a supply duct.

* * * * *

PART 120—ELECTRICAL

INSTALLATION

53. The authority citation for part 120

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 120.312 [Amended]

54. In § 120.312, in the introductory

text, after the word ‘‘length’’, add the

words ‘‘carrying more than 600

passengers or’’.

§ 120.320 [Amended]

55. In § 120.320(b)(2), after ‘‘40°’’, add

the letter ‘‘C’’.

56. In § 120.340(i), revise the last

sentence and add new paragraphs (i)(1)

and (i)(2) to read as follows:

§ 120.340 Cable and wiring requirements.

* * * * *

(i) * * *. The use of twist-on type wire

nuts is permitted under the following

conditions:

(1) The connections must be made

within an enclosure and the insulated

cap of the connector must be secured to

prevent loosening due to vibration.

(2) Twist-on type connectors may not

be used for making joints in cables,

facilitating a conductor splice, or

extending the length of a circuit.

* * * * *

57. Add § 120.378 to read as follows:

§ 120.378 Ungrounded systems.

Each ungrounded system must be

provided with a suitably sensitive

ground detection system, located at the

respective switchboard, that provides

continuous indication of circuit status

to ground with a provision to

momentarily remove the indicating

device from the reference ground.

§ 120.380 [Amended]

58. In § 120.380(f), before ‘‘§ 111.93–

11’’, add the word ‘‘of’’.

§ 120.432 [Amended]

59. In § 120.432(b)(4), remove the

number ‘‘6’’ and add, in its place, the

number ‘‘2’’ and, in paragraph (c), after

the word ‘‘length’’, add the words

‘‘carrying more than 600 passengers or’’.

§ 120.434 [Amended]

60. In § 120.434, after the word

‘‘length’’, add the words ‘‘carrying more

than 600 passengers or’’.

PART 121—VESSEL CONTROL AND

MISCELLANEOUS SYSTEMS AND

EQUIPMENT

61. The authority citation for part 121

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 121.220 [Amended]

62. In § 121.220(a), remove the words

‘‘heavy duty’’.

§ 121.240 [Amended]

63. In § 121.240, in paragraph (c)(3),

remove the word ‘‘mut’’ and add, in its

place, the word ‘‘must’’ and, in

paragraph (c)(4), remove the word

‘‘secgion’’ and add, in its place, the

word ‘‘section’’.

64. Revise the section heading to

§ 121.702 to read as follows:

§ 121.702 Pollution prevention equipment

and procedures.

65. Revise § 121.710 to read as

follows:

§ 121.710 First-aid kits.

A vessel must carry either a first-aid

kit approved under part 160, subpart

160.041, of this chapter or a kit with

equivalent contents and instructions.

For equivalent kits, the contents must be

stowed in a suitable, watertight

container that is marked ‘‘First-Aid Kit’’.

A first-aid kit must be easily visible and

readily available to the crew.

PART 122—OPERATIONS

66. The authority citation for part 122

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 6101; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 122.304 [Amended]

67. In § 122.304(a)(6), remove the

words ‘‘each closing radar contact’’ and

add, in their place, the words ‘‘radar

contact’’.

§ 122.335 [Amended]

68. In § 122.335(a), remove the word

‘‘watertight’’.

§ 122.356 [Amended]

69. In § 122.356, remove the number

‘‘179’’ and add, in its place, the number

‘‘176’’.

§ 122,410 [Amended]

70. In § 122.410, remove the words

‘‘or other danger’’ and add, in their

place, the words ’’, a man overboard, or

other dangerous situation’’.

71. In § 122.420, redesignate

paragraph (b) as paragraph (c) and add

a new paragraph (b) to read as follows:

§ 122.420 Crew training.

* * * * *

(b) Training conducted on a sister

vessel may be considered equivalent to

the initial and quarterly training

requirements contained in paragraph (a)

of this section.

* * * * *

72. In § 122.506, revise the

introductory text of paragraphs (a) and

(b); redesignate paragraphs (c) and (d) as

paragraphs (d) and (e), respectively; and

add a new paragraph (c) to read as

follows:

§ 122.506 Passenger safety orientation.

(a) Except as allowed by paragraphs

(b) and (c) of this section, before getting

underway on a voyage or as soon as

practicable thereafter, the master of a

vessel shall ensure that suitable public

announcements are made informing all

passengers of—

* * * * *

(b) As an alternative to an

announcement that complies with

paragraph (a) of this section, the master

or other designated person may—

* * * * *

(c) Ferries operating on short runs of

less than 15 minutes may substitute

bulkhead placards or signs for the

announcement required in paragraphs

(a) and (b) of this section if the OCMI

determines that the announcements are

not practical due to the vessel’s unique

operation.

* * * * *
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51353

§ 122.518 [Amended]

73. In § 122.518(b), remove the words

‘‘or other standard specified by the

Commandant,’’.

§ 122.520 [Amended]

74. In § 122.520(b)(2), after the words

‘‘particular vessel’’, add the words ‘‘or

sister vessel’’.

75. Revise § 122.524(c)(3) to read as

follows:

§ 122.524 Fire fighting drills and training.

* * * * *

(c) * * *

(3) Instructions in the use and

location of fire alarms, extinguishers,

and any other fire fighting equipment on

board.

* * * * *

76. Section 122.602 is revised to read

as follows:

§ 122.602 Hull markings.

(a) Each vessel must be marked as

required by part 67, subpart I, of this

chapter.

(b) Paragraphs (c) through (g) of this

section apply to each vessel that fits into

any one of the following categories:

(1) A vessel of more than 19.8 meters

(65 feet) in length.

(2) A vessel authorized to carry more

than 12 passengers on an international

voyage.

(3) A vessel with more than one deck

above the bulkhead deck exclusive of a

pilot house.

(c) Each vessel that complies with the

stability requirements of §§ 170.170,

170.173, 171.050, 171.055, and 171.057

of this chapter or with § 178.310 of this

chapter must—

(1) Have permanent draft marks at

each end of the vessel; or

(2) Have permanent loading marks

placed on each side of the vessel

forward and aft to indicate the

maximum allowable trim and amidships

to indicate the maximum allowable

draft.

(d) A loading mark required by

paragraph (c)(2) of this section must be

a horizontal line of at least 205

millimeters (8 inches) in length and 25

millimeters (1 inch) in height, with its

upper edge passing through the point of

maximum draft. The loading mark must

be painted in a contrasting color to the

sideshell paint.

(e) On a vessel that has a load line, the

amidships marks required by paragraph

(c)(2) of this section must be those

required by the International

Convention on Load Lines, 1966.

(f) In cases where draft marks are

obscured due to operational constraints

or by protrusions, the vessel must be

fitted with a reliable draft indicating

system from which the bow and stern

drafts can be determined.

(g) On a vessel on which the number

of passengers permitted on upper decks

is limited by stability criteria, as

indicated by the vessel’s stability letter,

the maximum number of passengers

allowed on an upper deck must be

indicated by a durable marking of at

least 25 millimeters (1 inch) numbers

and letters at the entranceway to that

deck.

§ 122.604 [Amended]

77. In § 122.604(b), remove the words

‘‘vessel marked’’ and add, in their place,

the words ‘‘vessel or company marked’.

§ 122.612 [Amended]

78. In § 122.612(b), remove the words

‘‘in clearly legible letters’’ and remove

the word ‘‘ALARMS’’ and add, in its

place, the word ‘‘ALARM’’ and, in

paragraph (f), remove the word

‘‘cleared’’ and add, in its place, the

word ‘‘clearly’.

79. Revise § 122.730(b)(2) to read as

follows:

§ 122.730 Servicing of inflatable liferafts,

inflatable buoyant apparatus, inflatable life

jackets, and inflated rescue boats.

* * * * *

(b) * * *

(2) At a servicing facility approved by

the Commandant to service that

particular brand.

* * * * *

Subchapter S—Subdivision and

Stability

PART 170—STABILITY

REQUIREMENTS FOR ALL INSPECTED

VESSELS

80. The authority citation for part 170

continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 2130,

3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,

1980 Comp., p. 277; 49 CFR 1.46.

81. Add § 170.173(e) to read as

follows:

§ 170.173 Criterion for vessels of unusual

proportion and form.

* * * * *

(e) For the purpose of demonstrating

acceptable stability on the vessels

described in § 170.170(d) as having

unusual proportion and form,

compliance with paragraphs (a) through

(d) of this section or the following

criteria is required:

(1) For partially protected routes,

there must be—

(i) Positive righting arms to at least 35

degrees of heel;

(ii) No down flooding point to at least

20 degrees; and

(iii) At least 15 foot-degrees of energy

to the smallest of the following angles:

(A) Angle of maximum righting arm.

(B) Angle of down flooding.

(C) 40 degrees.

(2) For protected routes, there must

be—

(i) Positive righting arms to at least 25

degrees of heel;

(ii) No down flooding point to at least

15 degrees; and

(iii) At least 10 foot-degrees of energy

to the smallest of the following angles:

(A) Angle of maximum righting arm.

(B) Angle of down flooding.

(C) 40 degrees.

PART 171—SPECIAL RULES

PERTAINING TO VESSELS CARRYING

PASSENGERS

82. The authority citation for part 171

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

83. In § 171.110, designate the text as

paragraph (a) and add paragraph (b) to

read as follows:

§ 171.110 Specific applicability.

* * * * *

(b) Section 171.114 applies to each

vessel under 100 gross tons.

84. Add § 171.114 to subpart E to read

as follows:

§ 171.114 Penetrations and openings in

watertight bulkheads in a vessel less than

a 100 gross tons.

(a) Penetrations and openings in

watertight bulkheads must—

(1) Be kept as high and as far inboard

as practicable; and

(2) Have means to make them

watertight.

(b) Watertight bulkheads must not

have sluice valves.

(c) Each main traverse watertight

bulkhead must extend to the bulkhead

deck.

85. In § 171.115, designate the text as

paragraph (a) and add paragraph (b) to

read as follows:

§ 171.115 Specific applicability.

* * * * *

(b) Section 171.119 applies to each

vessel under 100 gross tons.

86. Add § 171.119 to subpart F to read

as follows:

§ 171.119 Openings below the weather

deck in the side of a vessel less than 100

gross tons.

(a) If a vessel operates on exposed or

partially protected waters, an opening

port light is not permitted below the

weather deck unless—
51354 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

(1) The sill is at least 30 inches (76.2

centimeters) above the deepest

subdivision load line; and

(2) It has an inside, hinged dead

cover.

(b) Except for engine exhausts, each

inlet or discharge pipe that penetrates

the hull below a line drawn parallel to

and at least 6 inches (15.2 centimeters)

above the deepest subdivision load line

must have means to prevent water from

entering the vessel if the pipe fractures

or otherwise fails.

(c) A positive action valve or cock that

is located as close as possible to the hull

is an acceptable means for complying

with paragraph (b) of this section.

(d) If an inlet or discharge pipe is

inaccessible, the means for complying

with paragraph (b) of this section must

be a shut-off valve that is—

(1) Operable from the weather deck or

other accessible location above the

bulkhead deck; and

(2) Labeled at the operating point for

identity and direction of closing.

(e) Any connecting device or valve in

a hull penetration must not be cast iron.

(f) Each plug cock in an inlet or

discharge pipe must have a means, other

than a cotter pin, to prevent its

loosening or removal from the body.

87. Revise § 171.120 to read as

follows:

§ 171.120 Specific applicability.

Each vessel that is 100 gross tons or

more must comply with § 171.122 and

each vessel under 100 gross tons must

comply with § 171.124.

§ 171.122 [Amended]

88. In § 171.122, in paragraph (f)(1),

remove ‘‘Table 171.122’’ and add, in its

place, ‘‘table 171.124(d)’’ and, following

paragraph (g), remove table 171.122.

89. Add § 171.124 to subpart G to read

as follows:

§ 171.124 Watertight integrity above the

margin line in a vessel less than 100 gross

tons.

(a) Each hatch exposed to the weather

must be watertight; except that, the

following hatches may be weathertight:

(1) Each hatch on a watertight trunk

that extends at least 12 inches (30.5

centimeters) above the weather deck.

(2) Each hatch in a cabin top.

(3) Each hatch on a vessel that

operates only on protected waters.

(b) Each hatch cover must—

(1) Have securing devices; and

(2) Be attached to the hatch frame or

coaming by hinges, captive chains, or to

other devices to prevent its loss.

(c) Each hatch that provides access to

crew or passenger accommodations

must be operable from either side.

(d) Except as provided in paragraph

(e) of this section, a weathertight door

with permanent watertight coamings

that comply with the height

requirements in table 171.124(d) must

be provided for each opening located in

a deck house or companionway that—

(1) Gives access into the hull; and

(2) Is located in—

(i) A cockpit;

(ii) A well; or

(iii) An exposed location on a flush

deck vessel.

TABLE 171.124(d)

Route Height of coaming

Exposed or partially

protected.

6 inches (15.2 centimeters).

Protected ................... 3 inches (7.6 centimeters).

(e) If an opening in a location

specified in paragraph (d) of this section

is provided with a Class 1 watertight

door, the height of the watertight

coaming need only be sufficient to

accommodate the door.

90. In § 171.130, designate the text as

paragraph (a) and add paragraph (b) to

read as follows:

§ 171.130 Specific applicability.

* * * * *

(b) Sections 171.140, 171.145,

171.150, and 171.155 apply to each

vessel under 100 gross tons.

91. Add § 171.140 to read as follows:

§ 171.140 Drainage of a flush deck vessel.

(a) Except as provided in paragraph

(b) of this section, the weather deck on

a flush deck vessel must be watertight

and have no obstruction to overboard

drainage.

(b) Each vessel with a flush deck may

have solid bulwarks in the forward onethird length of the vessel if—

(1) The bulwarks do not form a well

enclosed on all sides; and

(2) The foredeck of the vessel has

sufficient sheer to ensure drainage aft.

92. Add § 171.145 to read as follows:

§ 171.145 Drainage of a vessel with a

cockpit.

(a) Except as follows, the cockpit must

be watertight:

(1) A cockpit may have

companionways if they comply with

§ 171.124(d).

(2) A cockpit may have ventilation

openings along its inner periphery if—

(i) The vessel operates only on

protected or partially protected waters;

(ii) The ventilation openings are

located as high as possible in the side

of the cockpit; and

(iii) The height of the ventilation

opening does not exceed 2 inches (5

centimeters).

(b) The cockpit must be designed to

be self-bailing.

(c) Scuppers installed in a cockpit

must be located to allow rapid clearing

of water in all probable conditions of

list and trim.

(d) Scuppers must have a combined

area of at least the area given by either

of the following equations:

A=0.1(D) square inches.

A=6.94(D) square centimeters.

Where—

A = the combined area of the scuppers

in square inches (square

centimeters).

D = the area of the cockpit in square feet

(square meters).

(e) The cockpit deck of a vessel that

operates on exposed or partially

protected waters must be at least 10

inches (24.5 centimeters) above the

deepest subdivision load line, unless

the vessel complies with—

(1) The intact stability requirements of

§ 171.150;

(2) The Type II subdivision

requirements in §§ 171.070, 171.072,

and 171.073; and

(3) The damage stability requirements

in § 171.080.

(f) The cockpit deck of all vessels that

do not operate on exposed or partially

protected waters must be located as high

above the deepest subdivision load line

as practicable.

93. Add § 171.150 to read as follows:

§ 171.150 Drainage of a vessel with a well

deck.

(a) Each well deck on a vessel must

be watertight.

(b) Except as provided in paragraphs

(c) and (d) of this section, the area

required for freeing ports in the

bulwarks that form a well must be

determined as follows:

(1) If a vessel operates on exposed or

partially protected waters, it must have

at least 100 percent of the freeing port

area derived from table 171.150.

(2) If a vessel operates only on

protected or partially protected waters

and complies with the requirements in

the following sections for a vessel that

operates on exposed waters, it must

have at least 50 percent of the freeing

port area derived from table 171.150:

(i) The intact stability requirements of

§§ 171.030 or 171.050 and § 171.170.

(ii) The subdivision requirements of

§§ 171.040, 171.043, or 171.070.

(iii) The damage stability

requirements of § 171.080.

(3) If a vessel operates only on

protected waters, the freeing port area
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51355

must be at least equal to the scupper

area required by § 171.145(d) for a

cockpit of the same size.

(c) The freeing ports must be located

to allow rapid clearing of water in all

probable conditions of list and trim.

(d) If a vessel that operates on

exposed or partially protected waters

does not have free drainage from the

foredeck aft, then the freeing port area

must be derived from table 171.150

using the entire bulwark length rather

than the bulwark length in the after twothirds of the vessel as stated in the table.

TABLE 171.150

Height of solid bulwark in

inches (centimeters)

Freeing port

area 1 2

6(15) ...................................... 2(42.3)

12(30) .................................... 4(84.7)

18(46) .................................... 8(169.3)

24(61) .................................... 12(253.9)

30(76) .................................... 16(338.6)

36(91) .................................... 20(423.2)

1 Intermediate values of freeing port area

can be obtained by interpolation. 2 In square inches per foot (square centimeters per meter) of bulwark length in the

after 2⁄3 of the vessel.

94. Add § 171.155 to read as follows:

§ 171.155 Drainage of an open boat.

The deck within the hull of an open

boat must drain to the bilge. Overboard

drainage of the deck is not permitted.

SUBCHAPTER T—SMALL PASSENGER

VESSELS (UNDER 100 GROSS TONS)

PART 175—GENERAL PROVISIONS

95. The authority citation for part 175

is revised to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; 49

U.S.C. App. 1804; 49 CFR 1.45, 1.46. Sec.

175.900 also issued under 44 U.S.C. 3507.

96. In § 175.110, revise paragraph (a)

to read as follows; remove paragraph (b);

redesignate paragraph (c) as paragraph

(b); and remove paragraph (d) and table

175.100(d):

§ 175.110 General applicability.

(a) Except as in paragraph (b) of this

section, this subchapter applies to each

vessel of less than 100 gross tons that

carries 150 or less passengers, or has

overnight accommodations for 49 or less

passengers, and that—

(1) Carries more than six passengers,

including at least one for hire;

(2) Is chartered with a crew provided

or specified by the owner or the owner’s

representative and is carrying more than

six passengers;

(3) Is chartered with no crew provided

or specified by the owner or the owner’s

representative and is carrying more than

12 passengers; or

(4) If a submersible vessel, carries at

least one passenger for hire.

Note to § 175.110: For a vessel of less than

100 gross tons that carries more than 150

passengers or has overnight accommodations

for more than 49 passengers, see subchapter

K of this chapter.

* * * * *

97. In § 175.400, revise the definitions

for ‘‘cold water’’, ‘‘High Speed Craft’’,

‘‘means of escape’’, and ‘‘weather deck’’

and add, in alphabetical order, a

definition for ‘‘approval series’’ to read

as follows:

§ 175.400 Definitions of terms used in this

subchapter.

* * * * *

Approval series means the first six

digits of a number assigned by the Coast

Guard to approved equipment. Where

approval is based on a subpart of

subchapter Q of this chapter, the

approval series corresponds to the

number of the subpart. A listing of

approved equipment, including all of

the approval series, is published

periodically by the Coast Guard in

Equipment Lists (COMDTINST

M16714.3 series), available from the

Superintendent of Documents.

* * * * *

Cold water means water where the

monthly mean low water temperature is

normally 15 degrees Celsius (59 degrees

Fahrenheit) or less.

* * * * *

High speed craft means a craft that is

operable on or above the water and has

characteristics so different from those of

conventional displacement ships, to

which the existing international

conventions, particularly SOLAS, apply,

that alternative measures should be

used to achieve an equivalent level of

safety. In order to be considered a high

speed craft, the craft must be capable of

a maximum speed equal to or exceeding

V=3.7 × displ1667 h, where ‘‘V’’ is the

maximum speed and ‘‘displ’’ is the

vessel displacement corresponding to

the design waterline in cubic meters.

* * * * *

Means of escape means a continuous

and unobstructed way of exit travel

from any point in a vessel to an

embarkation station. A means of escape

can be both vertical and horizontal, and

include doorways, passageways,

stairtowers, stairways, and public

spaces. Cargo spaces, machinery spaces,

rest rooms, hazardous areas determined

by the cognizant Officer in Charge

Marine Inspection, escalators, and

elevators must not be any part of the

means of escape.

* * * * *

Weather deck means a deck that is

partially or completely exposed to the

weather from above or from at least two

sides, except that for the purposes of

parts 178 and 179 of this chapter,

‘‘weather deck’’ means the uppermost

deck exposed to the weather to which

a weathertight sideshell extends.

* * * * *

98. In § 175.600(b), under the entry for

American Bureau of Shipping, add a

new entry for ‘‘Guide for High Speed

Craft’; under the entry for National Fire

Protection Association, remove the

words ‘‘NFPA 70–1993’’ and add, in

their place, the words ‘‘NFPA 70–1996’;

and, under the entry for Naval

Publications and Forms Center, remove

the number ‘‘21929B (1970)’’ and add,

in its place, the number ‘‘21929C

(1991)’’ and add a new entry for

‘‘Military Specification MIL–R–21607E’’

to read as follows:

§ 175.600 Incorporation by reference.

* * * * *

(b) * * *

* * * * *

American Bureau of Shipping (ABS)

* * * * *

Guide for High Speed Craft, 1997 177.300

* * * * *

Naval Publications and Forms Center

* * * * *

Military Specification MIL-R–21607E(SH)

(1990)

Resins, Polyester, Low Pressure

Laminating, Fire Retardant ...... 177.410

* * * * *

99. Revise § 175.800(b) to read as

follows:

§ 175.800 Approved equipment and

material.

* * * * *

(b) Coast Guard publication

COMDTINST M16714.3 (Series)

‘‘Equipment Lists, Items Approved,

Certificated or Accepted under Marine

Inspection and Navigation Laws’’ lists

approved equipment by type and

manufacturer. COMDTINST M16714.3

(Series) may be obtained from New

Orders, Superintendent of Documents,

P.O. Box 371954, Pittsburgh, PA 15250–

7954.

PART 176—INSPECTION AND

CERTIFICATION

100. The authority citation for part

176 is revised to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C.

2103, 3306; 49 U.S.C. App. 1804; E.O. 11735,

38 FR 21243, 3 CFR, 1971–1975 Comp., p.
51356 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

743; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46.

§ 176.105 [Amended]

101. In the section heading to

§ 176.105, remove the section number

‘‘170.105’’ and, add in its place, the

number ‘‘176.105’’.

§ 176.400 [Amended]

102. In § 176.400(a), remove the word

‘‘Certification’’ and add, in its place, the

word ‘‘Certificate’’.

103. In § 176.600(b), revise the first

sentence to read as follows:

§ 176.600 Drydock and internal structural

examination intervals.

* * * * *

(b) A vessel making an international

voyage subject to SOLAS requirements

must undergo a drydock examination at

least once every 12 months. * * *

* * * * *

§ 176.612 [Amended]

104. In § 176.612(b), remove the

words ‘‘such as’’ and add, in their place,

the words ‘‘including, but not limited

to,’’.

§ 176.802 [Amended]

105. In § 176.802(c), remove the

words ‘‘the working of the hull’’ and

add, in their place, the words ‘‘the hull

and internal structure’’.

§ 176.808 [Amended]

106. In § 176.808, in paragraph (a)(1),

remove the words ‘‘§ 71.25–15 in

subchapter H of this chapter’’ and add,

in their place, the words ‘‘§ 185.520 of

this chapter’’; and, in paragraph (a)(4),

after the word ‘‘liferaft’’, add the words

’’, inflatable buoyant apparatus,’’.

§ 176.810 [Amended]

107. In § 176.810(b), in table

176.810(b), in the ‘‘Test’’ column, in the

fourth sentence for the entry ‘‘Carbon

dioxide’’, remove the word ‘‘Inspection’’

and add, in its place, the word

‘‘Inspect’’.

108. Revise § 176.812(a) to read as

follows:

§ 176.812 Pressure vessels and boilers.

(a) Pressure vessels must be tested

and inspected in accordance with part

61, subpart 61.10, of this chapter; except

that, they must be inspected once every

3 years instead of at the intervals in

§ 61.10–5(a), (b), and (d) of this chapter.

* * * * *

PART 177—CONSTRUCTION AND

ARRANGEMENT

109. The authority citation for part

177 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

110. In § 177.300,in paragraph (c)(2),

after the word ‘‘ABS;’’, add the word

‘‘or’’; add a new paragraph (c)(3); in

paragraph (d)(1)(ii), after the words

‘‘Aluminum Vessels;’’, add the word

‘‘or’’; and add a new paragraph (d)(2) to

read as follows:

§ 177.300 Structural design.

* * * * *

(c) * * *

(3) ABS Guide for High Speed Craft;

(d) * * *

(2) ABS Guide for High Speed Craft;

* * * * *

111. In § 177.410, revise paragraph (b)

and the introductory text for paragraph

(c) to read as follows:

§ 177.410 Structural fire protection.

* * * * *

(b) Composite materials. When the

hull, bulkheads, decks, deckhouse, or

superstructure of a vessel is partially or

completely constructed of a composite

material, including fiber reinforced

plastic, the resin used must be fire

retardant as accepted by the

Commandant as meeting MIL–R–21607.

Resin systems that have not been

accepted as meeting MIL–R–21607 may

be accepted as fire retardant if they have

an ASTM E–84 flame spread rating of

not more than 100 when tested in

laminate form. The laminate submitted

for testing the resin system to ASTM E–

84 must meet the following

requirements:

(1) The test specimen laminate total

thickness must be between 3.2 and 6.4

millimeters (1⁄8 to 1⁄4 inch).

(2) The test specimen laminate must

be reinforced with glass fiber of any

form and must have a minimum resin

content of 40 percent by weight.

(3) Tests must be performed by an

independent laboratory.

(4) Test results must include, at a

minimum, the resin manufacturer’s

name and address, the manufacturer’s

designation (part number) for the resin

system including any additives used,

the test laboratory’s name and address,

the test specimen laminate schedule,

and the flame spread index resulting

from the ASTM E–84 test.

(5) Specific laminate schedules,

regardless of resin type, that have an

ASTM E–84 flame spread rating of not

more than 100 may be considered as

equivalent to the requirement in this

section to use a fire retardant resin.

Requests for qualifying a specific

laminate schedule as fire retardant for

use in a particular vessel may be

submitted for consideration to the

Commanding Officer, U.S. Coast Guard

Marine Safety Center, 400 Seventh

Street, SW., Washington, DC 20590–

0001.

(c) Use of general purpose resin.

General purpose resins may be used

instead of fire retardant resins if the

following additional requirements are

met:

* * * * *

§ 177.600 [Amended]

112. In § 177.600(c), after the word

‘‘enclosed’’, add the words ‘‘passenger

or’’.

PART 178—INTACT STABILITY AND

SEAWORTHINESS

113. The authority citation for part

178 continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103,

3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,

1980 Comp., p. 277; 49 CFR 1.46.

§ 178.310 [Amended]

114. In § 178.310(b) introductory text,

remove the word ‘‘ad’’ and add, in its

place, the word ‘‘and’’.

115. In § 178.330, add paragraph

(a)(4)(v) to read as follows and, in

paragraph (d)(2), remove the word

‘‘freebound’’ and add, in its place, the

word ‘‘freeboard’’:

§ 178.330 Simplified stability proof test.

(a) * * *

(4) * * *

(v) On vessels having one upper deck

above the main deck available to

passengers, the weight distribution must

not be less severe than the following:

Total Test Weight (W) = ll

Passenger Capacity of Upper Deck: ll

Weight on Upper Deck = # of Passengers on Upper Deck× ×

Wt Passenger /

133 .
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51357

Weight on Main Deck = Total Test

Weight—Weight on Upper Deck

* * * * *

§ 178.410 [Amended]

116. In § 178.410(a), after the words

‘‘flush deck’’, add the word ‘‘vessel’’.

PART 179—SUBDIVISION, DAMAGE

STABILITY, AND WATERTIGHT

INTEGRITY

117. The authority citation for part

179 is revised to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103,

3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,

1980 Comp., p. 277; 49 CFR 1.46.

118. Revise the part heading to read

as shown above.

§ 179.230 [Amended]

119. In § 179.230, remove

‘‘§ 179.212(b)’’ and add, in its place,

‘‘§ 179.212’’.

120. Revise § 179.240(a) and (b) (1) to

read as follows:

§ 179.240 Foam flotation material.

(a) Foam may only be installed as

flotation material on a vessel when

approved by the cognizant OCMI.

(b) * * *

(1) All foam must comply with MIL–

P–21929C. The fire resistance test is not

required.

* * * * *

PART 180—LIFESAVING EQUIPMENT

AND ARRANGEMENTS

121. The authority citation for part

180 continues to read as follows:

Authority: 46 U.S.C. 2104, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

122. Section 180.10 is revised to read

as follows:

§ 180.10 Applicability to vessels on an

international voyage.

A vessel on an international voyage

subject to the International Convention

for the Safety of Life at Sea, 1974,

(SOLAS) must meet the requirements in

subchapter W of this chapter for

passenger vessels in the same service,

instead of the requirements of this part.

123. In § 180.68(a), revise the

paragraph heading and the introductory

text to read as follows:

§ 180.68 Distress flares and smoke

signals.

(a) Oceans, coastwise, limited

coastwise, and Great lakes routes. A

vessel on an oceans, coastwise, limited

coastwise, or Great Lakes route must

carry—

* * * * *

124. In subpart C, revise the subpart

heading to read as follows:

Subpart C—Ring Life Buoys and Life

Jackets

§ 180.70 [Amended]

125. In § 180.70(c)(5), remove the

words ‘‘510 kilograms’’, and add, in

their place, ‘‘5 kilonewtons’’.

126. Add § 180.71(e) to read as

follows:

§ 180.71 Life jackets.

* * * * *

(e) Each life jacket carried on board

the vessel must be marked in

accordance with § 185.604 of this

chapter.

§ 180.130 [Amended]

127. In § 180.130(b), remove the

words ‘‘in accordance with § 160.062 in

subchapter Q of this chapter,’’ and add,

in their place, the words ‘‘under part

160, subparts 160.062 or 160.162, of this

chapter’’.

128. Revise § 180.150(a) introductory

text to read as follows:

§ 180.150 Survival craft embarkation

arrangements.

(a) A launching appliance approved

under approval series 160.163 or a

marine evacuation system approved

under approval series 160.175 must be

provided for each inflatable liferaft and

inflatable buoyant apparatus when

either—

* * * * *

129. In § 180.175, redesignate

paragraphs (c) through (f) as paragraphs

(d) through (g), respectively; add a new

paragraph (c); and revise newly

redesignated paragraph (f)(4) to read as

follows:

§ 180.175 Survival craft equipment.

* * * * *

(c) Inflatable buoyant apparatus. Each

inflatable buoyant apparatus must be

equipped in accordance with the

manufacturer’s approved servicing

manual.

* * * * *

(f) * * *

(4) Light. The light must be a floating

waterlight approved under approval

series 161.010 or other standard

specified by the Commandant. The

floating waterlight must be attached

around the body of the life float or

buoyant apparatus by a 10 mm (3/8

inch) lanyard, resistant to deterioration

from ultraviolet light, and at least 5.5

meters (18 feet) in length.

§ 180.200 [Amended]

130. In § 180.200, in paragraph (a)(1),

remove the words ‘‘Subpart 160.151 in

subchapter Q of this chapter,’’ and add,

in their place, the words ‘‘Approved

under approval series 160.151’’; in

paragraph (a)(2), remove the words

‘‘Subpart 160.027 in subchapter Q of

this chapter,’’ and add, in their place,

the words ‘‘Approved under approval

series 160.027’’; in paragraphs (a)(3)and

(a)(4), remove the words ‘‘Subpart

160.010 in subchapter Q of this

chapter,’’ and add, in their place, the

words ‘‘Approved under approval series

160.010’’; in paragraph (b), remove the

words ‘‘the buoyant apparatus or’’; in

paragraph (c) remove the last sentence;

and, in table 180.200(c), in the

‘‘Survival craft requirements’’ column

for the entry ‘‘Oceans’’, remove ‘‘(c)

warm’’ and add, in its place, ‘‘(b)

warm’’.

§ 180.202 [Amended]

131. In § 180.202, in the section

heading, remove the word ‘‘an’’ and

add, in its place, the word ‘‘on’’.

§ 180.206 [Amended]

132. In § 180.206, in paragraph (a),

remove the word ‘‘§ 180.204’’ and add,

in its place, the word ‘‘§ 180.205’’ and,

in paragraph (b), remove the words

‘‘craft is’’ and add, in their place, the

words ‘‘craft if’’.

133. In § 180.210, redesignate

paragraph (c) as paragraph (d); add a

new paragraph (c); and revise newly

redesignated paragraph (d) to read as

follows:

§ 180.210 Rescue boats.

* * * * *

(c) In general, a rescue boat must be

a small, lightweight boat with built-in

buoyancy and capable of being readily

launched and easily maneuvered. In

addition, it must be of adequate

proportion to permit taking an

unconscious person on board without

capsizing.

(d) On a vessel of more than 19.8

meters (65 feet) in length operating on

protected waters, a rescue boat

approved under approval series 160.056

is acceptable in meeting the intent of

this section. On a vessel of more than

19.8 meters operating on exposed or

partially protected waters, a rescue boat

complying with approval series 160.056

is acceptable in meeting the intent of

this section. On a vessel of not more

than 19.8 meters (65 feet) in length, a

required rescue boat must be acceptable

to the cognizant OCMI.

PART 181—FIRE PROTECTION

EQUIPMENT

134. The authority citation for part

181 is revised to read as follows:
51358 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 181.300 [Amended]

135. In § 181.300(e), remove the word

‘‘, manual’’.

136. Add § 181.310(c) to read as

follows:

§ 181.310 Fire main and hydrants.

* * * * *

(c) Each fire hydrant must have a

valve installed to allow the fire hose to

be removed while the fire main is under

pressure.

§ 181.320 [Amended]

137. In § 181.320, in paragraph (a),

remove the words ‘‘fire stations’’ and

add, in their place, the words ‘‘fire

hydrants’’; and, in paragraph (d)(1),

remove ‘‘§ 160.027 in subchapter Q of

this chapter’’ and add, in its place

‘‘approval series 162.027’’.

§ 181.400 [Amended]

138. In § 181.400(b)(5)(i), remove the

word ‘‘Cylinders’’ is removed and add,

in its place, the words ‘‘The cylinder’’.

§ 181.410 [Amended]

139. In § 181.410, in paragraph (b)(2),

remove the words ‘‘Except as provided

in paragraph (c)(2) of this section’’ and

add, in their place, the words ‘‘Except

for a normally unoccupied space of less

than 170 cubic meters (6000 cubic

feet)’’; in paragraph (b)(10), remove the

word ‘‘agency’’ and add in its place, the

word ‘‘agent’’; in paragraph (c)(2)(ii),

remove the words ‘‘paragraphs (b)(2)

and’’ and add, in their place, the word

‘‘paragraph’’; in paragraph (f)(4)(v), after

the first occurrence of the word

‘‘millimeters’’, add the word ‘‘(inches)’’

and, after the word ‘‘kilograms’’, add the

word ‘‘(pounds)’’; and, in paragraph

(f)(5)(i), after the word ‘‘kilograms’’, add

the word ‘‘(pounds)’’.

§ 181.500 [Amended]

140. In § 181.500, in table 181.500(a),

under the column entitled ‘‘Minimum

No. required’’, remove the number

‘‘2.500’’ and add, in its place, the

number ‘‘2,500’’; under the column

entitled ‘‘Medium’’, remove ‘‘C02’’,

wherever it appears, and add, in its

place, ‘‘CO2’’; and under the column

entitled ‘‘Min size’’, remove ‘‘2.3 kg (5

lb)’’ and add, in its place, ‘‘4.5 kg (10

lb)’’.

§ 181.610 [Amended]

141. In § 181.610, remove the number

‘‘181.610’’ and add, in its place, the

number ‘‘181.300’’.

PART 182—MACHINERY

INSTALLATION

142. The authority citation for part

182 continues to read as follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45

FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR

1.46.

§ 182.320 [Amended]

143. In § 182.320, redesignate

paragraph (a) as paragraph (b) and

paragraph (b) as paragraph (a).

§ 182.430 [Amended]

144. In § 182.430, remove paragraph

(d) and redesignate paragraphs (e)

through (l) as paragraphs (d) through (k),

respectively.

§ 182.435 [Amended]

145. In § 182.435, in paragraph

(b)(3)(ii), after the word ‘‘chloride’’, add

the words ‘‘or equivalent’’ and, in

paragraph (c), remove the word ‘‘that’’

and add, in its place, the word ‘‘which’’.

§ 182.458 [Amended]

146. In § 182.458(a), after the word

‘‘for’’, add the words ‘‘portable

dewatering pumps or’’.

147. Revise § 182.520(b)(2) to read as

follows:

§ 182.520 Bilge pumps.

* * * * *

(b) * * *

(2) Provided with suitable suction

hose capable of reaching the bilge of

each watertight compartment and

discharging overboard.

* * * * *

§ 182.610 [Amended]

148. In § 182.610(f)(1), remove

‘‘§§ 111.93–11(d) and (e) in subchapter

J’’ and add, in its place, ‘‘§ 58.25–55(d)’’.

§ 182.610 [Amended]

149. In § 182.720, in paragraph (e)(1),

remove the words ‘‘rated pressure

stamped thereon’’ and add, in their

place, the words ‘‘maximum operating

pressure of the system’’ and, in

paragraph (e)(3)(ii), after the word

‘‘watertight’’, add the words ‘‘decks or’’.

PART 183—ELECTRICAL

INSTALLATION

150. The authority citation for part

183 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

151. In § 183.340, in paragraph (i),

revise the last sentence and add

paragraphs (i)(1) and (i)(2) to read as

follows; in paragraph (p), after the word

‘‘Conductors’’, add the words ‘‘for direct

current systems’’; and, in paragraph

(q)(3), remove the word ‘‘and’’ and add,

in its place, the word ‘‘end’’.

§ 183.340 Cable and wiring requirements.

* * * * *

(i) * * * The use of twist-on type

wire nuts is permitted under the

following conditions:

(1) The connections must be made

within an enclosure and the insulated

cap of the connector must be secured to

prevent loosening due to vibration; and

(2) Twist-on type connectors may not

be used for making joints in cables,

facilitating a conductor splice, or

extending the length of a circuit.

* * * * *

152. Add § 183.378 to read as follows:

§ 183.378 Ungrounded systems.

Each ungrounded system must be

provided with a suitably sensitive

ground detection system located at the

respective switchboard that provides

continuous indication of circuit status

to ground with a provision to

momentarily remove the indicating

device from the reference ground.

§ 183.432 [Amended]

153. In § 183.432(b)(4), remove the

number ‘‘6’’ and add, in its place, the

number ‘‘2’’.

PART 184—VESSEL CONTROL AND

MISCELLANEOUS SYSTEMS AND

EQUIPMENT

154. The authority citation for part

184 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 184.220 [Amended]

155. In § 184.220(a), remove the

words ‘‘heavy duty’’.

§ 184.410 [Amended]

156. In § 184.410, remove the word

‘‘fixed’’ and add, in its place, the word

‘‘fixes’’.

§ 184.420 [Amended]

157. In § 184.420(a), remove the word

‘‘intend’’ and add, in its place, the word

‘‘intended’’.

§ 184.506 [Amended]

158. In § 184.506, remove the word

‘‘mut’’ and add, in its place, the word

‘‘must’’.

159. Revise the section heading to

§ 184.702 to read as follows:

§ 184.702 Pollution prevention equipment

and procedures.

160. Revise § 184.710 to read as

follows:
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51359

§ 184.710 First-aid kits.

A vessel must carry either a first-aid

kit approved under approval series

160.041 or a kit with equivalent

contents and instructions. For

equivalent kits, the contents must be

stowed in a suitable, watertight

container that is marked ‘‘First-Aid Kit’’.

A first-aid kit must be easily visible and

readily available to the crew.

PART 185—OPERATIONS

161. The authority citation for part

185 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 6101; E.O.

12234, 45 FR 58801, 3 CFR, 1980 Comp., p.

277; 49 CFR 1.46.

§ 185.304 [Amended]

162. In § 185.304(a)(6), remove the

words ‘‘each closing radar contact’’ and

add, in their place, the words ‘‘radar

contact’’.

§ 185.335 [Amended]

163. In § 185.335(a),remove the word

‘‘watertight’’.

§ 185.356 [Amended]

164. In § 185.356, remove the number

‘‘179’’ and add, in its place, the number

‘‘176’’.

§ 185.410 [Amended]

165. In § 185.410, remove the words

‘‘or other danger’’ and add, in their

place, the words ‘‘, man overboard, or

other dangerous situation’’.

166. In § 185.420, redesignate

paragraph (b) as paragraph (c) and add

a new paragraph (b) to read as follows:

§ 185.420 Crew training.

* * * * *

(b) Training conducted on a sister

vessel may be considered equivalent to

the initial and quarterly training

requirements contained in paragraph (a)

of this section.

* * * * *

167. In § 185.506, revise the

introductory text of paragraphs (a) and

(b); redesignate paragraphs (c) and (d) as

paragraphs (d) and (e), respectively; and

add a new paragraph (c) to read as

follows:

§ 185.506 Passenger safety orientation.

(a) Except as allowed by paragraphs

(b) and (c) of this section, before getting

underway on a voyage or as soon as

practicable thereafter, the master of a

vessel shall ensure that suitable public

announcements are made informing all

passengers of the following:

* * * * *

(b) As an alternative to an

announcement that complies with

paragraph (a) of this section, the master

or other designated person may—

* * * * *

(c) Ferries operating on short runs of

less than 15 minutes may substitute

bulkhead placards or signs for the

announcement required in paragraphs

(a) and (b) of this section if the OCMI

determines that the announcements are

not practical due to the vessel’s unique

operation.

* * * * *

§ 185.518 [Amended]

168. In § 185.518(b), remove the

words ‘‘in subchapter Q of this chapter,

or other standard specified by the

Commandant’’ and add, in their place,

the words ‘‘of this chapter’’.

§ 185.524 [Amended]

169. In § 185.524(b)(3), remove the

words ‘‘of fire extinguishers’’ and add,

in their place, the words ‘‘and location

of fire alarms, extinguishers,’’.

170. Revise § 185.602 to read as

follows:

§ 185.602 Hull markings.

(a) Each vessel must be marked as

required by part 67, subpart I, of this

chapter.

(b) Paragraphs (c) through (g) of this

section apply to each vessel that fits into

any one of the following categories:

(1) A vessel of more than 19.8 meters

(65 feet) in length.

(2) A vessel authorized to carry more

than 12 passengers on an international

voyage.

(3) A vessel with more than 1 deck

above the bulkhead deck exclusive of a

pilot house.

(c) Each vessel that complies with the

stability requirements of §§ 170.170,

170.173, 171.050, 171.055, and 171.057

of this chapter, or in accordance with

§ 178.310 of this chapter, must—

(1) Have permanent draft marks at

each end of the vessel; or

(2) Have permanent loading marks

placed on each side of the vessel

forward and aft to indicate the

maximum allowable trim and amidships

to indicate the maximum allowable

draft.

(d) A loading mark required by

paragraph (c)(2) of this section must be

a horizontal line of at least 205

millimeters (8 inches) in length and 25

millimeters (1 inch) in height, with its

upper edge passing through the point of

maximum draft. The loading mark must

be painted in a contrasting color to the

sideshell paint.

(e) On a vessel that has a load line, the

amidships marks required by paragraph

(c)(2) of this section must be those

required by the International

Convention on Load Lines, 1966.

(f) In cases where draft marks are

obscured due to operational constraints

or by protrusions, the vessel must be

fitted with a reliable draft indicating

system from which the bow and stern

drafts can be determined.

(g) On a vessel on which the number

of passengers permitted on upper decks

is limited by stability criteria, as

indicated by the vessel’s stability letter,

the maximum number of passengers

allowed on an upper deck must be

indicated by a durable marking of at

least 25 millimeters (1 inch) numbers

and letters at the entranceway to that

deck.

§ 185.604 [Amended]

171. In § 185.604(b), remove the

words ‘‘vessel marked’’ and add, in their

place, the words ‘‘vessel or company

marked’’.

172. In § 185.730, paragraph (b)(2) is

revised to read as follows:

§ 185.730 Servicing of inflatable liferafts,

inflatable buoyant apparatus, inflatable life

jackets, and inflated rescue boats.

* * * * *

(b) * * *

(2) At a servicing facility approved by

the Commandant to service that

particular brand.

* * * * *

Dated: September 19, 1997.

Robert E. Kramek,

Admiral, U.S. Coast Guard Commandant.

[FR Doc. 97–25599 Filed 9–29–97; 8:45 am]

BILLING CODE 4910–14–P