[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Rules and Regulations]
[Pages 64303-64306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31895]


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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; Correction

AGENCY: Coast Guard, DOT.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final rule [CGD 85-
080] which was published on September 30, 1997 (62 FR 51326). The rule 
completely revised Coast Guard regulations that affect small passenger 
vessels of less than 100 gross tons in 46 CFR parts 170, 171, 173 and 
Chapter I, Subchapters K and T.

DATES: Effective on December 5, 1997.

ADDRESSES: A copy of the final rule as indicated in the preamble may be 
obtained via the Internet at <a href="http://www.dot.gov/dotinfo/uscg/hq/g-m/
nmc/regs/fr97/9__16.htm">http://www.dot.gov/dotinfo/uscg/hq/g-m/
nmc/regs/fr97/9__16.htm</a> or by writing Commandant (G-MSO-2), U.S. Coast 
Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001.

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: 

Need for Correction

    The Coast Guard published a final rule in the Federal Register on 
September 30, 1997 (62 FR 51326), completely revising its regulations 
in 46 CFR parts 170, 171, and 173 and Chapter I, Subchapters K and T 
which affect small passenger vessels of less than 100 gross tons.
    An incorrect document was inadvertently sent to the Federal 
Register. As published, the final rule contains information in its 
preamble and errors in the regulations that may prove to be misleading. 
Parts of the preamble need to be clarified and the regulations need to 
be corrected. These corrections merely conform the final rule to the 
document approved by the Commandant, USCG, DOT and OMB.
    The Coast Guard acknowledges that publishing these correcting 
amendments immediately after publication of the final rule may confuse 
owners and operators of small passenger vessels. Therefore, the Coast 
Guard will make available via the Internet or upon request a copy of 
the final rule as it was to have been published. The Internet address 
is provided under ADDRESSES. A copy of the final rule may also be 
obtained by calling the Coast Guard at 202-267-1181 or by writing to 
the Coast Guard at the address provide under ADDRESSES.
    For further clarification, the codified version in the CFR dated 
October 1, 1997, will contain an editorial note at the end of each part 
or section affected that it has been corrected by amendment published 
in the Federal Register on December 5, 1997.

Correction of the Preamble

    In rule FR Doc. 97-25599 published on September 30, 1997 (62 FR 
51326), make the following corrections to the preamble:
    1. On page 51328, first column, paragraph (7), second sentence, 
remove the ``resolved'' and add, in its place, the word ``addressed''.
    2. On page 51328, third column, paragraph (c), remove the text and 
add, in its place, the following:
    ``A recently published internal instruction titled ``RISK BASED 
DECISION-MAKING & G-M BUSINESS PLAN GOALS'' provides 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.''
    3. On page 51329, third column, paragraph (7), line 27, after the 
word percent, add the words ``passenger increase''.
    4. On page 51330, second column, after paragraph (15), add the 
following:
    ``(16) The Coast Guard has added a definition for wood vessel in 
subchapter

[[Page 64304]]

T to clarify which types of wood construction are subject to additional 
subdivision and lifesaving requirements presented in the IFR. The 
casualty data used throughout this rulemaking to justify the need for 
additional requirements for vessels constructed of wood shows the 
vessels involved were built using ``traditional'' plank-on-frame 
construction techniques. This type of construction requires the use of 
mechanical fastenings to maintain the integrity of the hull structure. 
The loss of fastener structural integrity can result in the 
``springing'' of one or more planks and lead to catastrophic flooding. 
It is this type of construction that the Coast Guard has determined 
requires additional subdivision or lifesaving equipment requirements to 
provide an equivalent level of safety to steel, aluminum, and FRP 
construction. Many wood vessels have been constructed using cold 
molded, edge-glued epoxy, FRP over plywood, and other composite 
construction techniques that do not rely on mechanical fasteners to 
maintain hull integrity. Although these vessels are considered wood 
vessels for the purpose of certification, they will not be required to 
meet the additional subdivision and lifesaving requirements contained 
in Parts 179 and 180, respectively.''
    5. On page 51330, second column, under Sections 114.540 and 175.540 
Equivalents, remove the words ``and 175.540'' from the heading, and 
remove the words ``and 175.540(b)'' from the text of the section.
    6. On page 51334, first column, under Section 116.438 Stairtowers, 
Stairways, Ladders, and Elevators, add a new paragraph (1) to read as 
follows:
    ``(1) As previously discussed under sections 144.110 and 175.110, 
the Coast Guard has added a new paragraph (a) to Sec. 116.438 for 
vessels carrying over 600 passengers or with overnight accommodations 
for more than 49 passengers.'', and renumbered paragraphs (1), (2), and 
(3) as (2), (3), and (4), respectively.
    7. On page 51334, second column, under Section 116.500 Means of 
Escape, in the heading remove the words ``Section 116.500'' and add, in 
their place, the words ``Sections 116.500 and 177.500''; and remove the 
text and add, in its place, the following:
    ``Paragraphs 116.500(k)(1) and 177.500(j)(1) are revised to 
indicate that a ladder and a deck scuttle are acceptable as a second 
means of egress from crew spaces on any vessel, regardless of length. 
Difficulty has been encountered in the application of paragraph (h) in 
subchapter K. In the IFR, this paragraph indicated 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 
Sec. 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 Sec. 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. Sections 116.500(p)(1) and 177.500 (o)(1) are 
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.
    8. On page 51335, first column, under Section 177.900 Deck Rails, 
in the heading remove the word ``Section'' and add, in its place, the 
words ``Sections 116.900 and''; and, in the last sentence of paragraph 
(1) after the word ``spacing'', add the words ``or wire mesh''.
    9. On page 51336, first column, under Section 178.330 Simplified 
Stability Proof Test, remove the text and add, in its place, the 
following:
    ``The Coast Guard has re-evaluated this section. The simplified 
stability test on passenger vessels less than 65 feet is done in 
accordance with Sec. 178.330 (Sec. 171.030 in subchapter S for old 
subchapter T). 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 Sec. 179.10-1, but the 
language 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 based upon this 
simple stability test. The Coast Guard affirms keeping the 1.33 safety 
factor for weight distribution on the upper deck, and has placed it in 
Sec. 178.330(a)(4) of subchapter T and Sec. 171.030(c) in subchapter 
S.''
    10. On page 51337, second column, under Sections 117.71 and 180.71 
Life Jackets, paragraph (1), in line 12 after the number Sec. 122.604, 
add the words ``and 185.604'', and at the end of paragraph (1), add the 
following sentence: ``Paragraph (e) has been added to both sections to 
reference the appropriate marking requirements.''
    11. On page 51339, first column, under Sections 118.300 and 181.300 
Fire Pumps, add a new paragraph (1) to read as follows:
    ``(1) As previously discussed in Secs. 114.110 and 175.110, the 
Coast Guard amends Sec. 118.300(c) by requiring vessels carrying more 
than 600 passengers to comply with subchapter H fire pump 
requirements.''; at the end of the last sentence of paragraph (1) after 
the word ``deleted'' add the words ``from paragraph (e) in both 
subchapters''; and renumber paragraph (1), (2), and (3) as (2), (3), 
and (4), respectively.
    12. On page 51341, second column, before Section 183.322 Multiple 
Generators, add a new section to read as follows:
``Section 120.312 Power sources on vessels of more than 19.8 meters (65 
feet) in length with overnight accommodations for more than 49 
passengers.
    As previously discussed in Secs. 114.110 and 175.110, the Coast 
Guard amends the title of this section to include vessels carrying more 
than 600 passengers.''
    13. On page 51341, third column, under Section 120.432 and 183.432 
Emergency Lighting, add the following paragraph to the end of the 
section:
    ``As previously discussed in Secs. 114.110 and 175.110, the Coast 
Guard amends Sec. 120.432(c) to include vessels carrying more than 600 
passengers.''
    14. On page 51341, third column, after Section 120.432 and 183.432 
Emergency Lighting, add a new section to read as follows:
``Section 120.434 Lifeboat and liferaft floodlights on vessels of more 
than 19.8 meters (65 feet) in length with overnight accommodations for 
more than 49 passengers.

[[Page 64305]]

    As previously discussed in Secs. 114.110 and 175.110, the Coast 
Guard amends Sec. 120.434 to include vessels carrying more than 600 
passengers.''
    15. On page 51341, third column, under Sections 121.220 and 183.220 
Cooking Equipment, in the heading delete the number ``183.220'' and 
add, in its place, the number ``184.220''.
    16. On page 51344, second column, paragraph (7), line 3, after the 
word ``handrails'', add the words ``should be required to notify 
passengers of the dangers of low rails''.
    17. On page 51345, first column, under Section 122.604 Lifesaving 
Equipment Markings, in the heading delete the words ``Section 122.604'' 
and add, in their place, the words ``Sections 122.604 and 185.604 
and''; and add two new paragraphs at the end of the section to read as 
follows:
    ``One comment stated that the prescriptive lettering requirements 
for lifesaving equipment were unnecessary and not consistent with the 
subchapter W IFR.
    The Coast Guard agrees, and has revised both sections by deleting 
prescriptive minimum letter size requirements.''
    18. On page 51345, second column, in Part 171--Special Rules 
Pertaining to Vessels Carrying Passengers, line 23 after the words 
``subpart K'', add the words ``of part 116.''

List of Subjects

46 CFR Parts 114 and 175

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

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

    Alochol 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.

Correction of Regulatory Text

    Accordingly, 46 CFR parts 170, 171, and 173 and Chapter I, 
Subchapters K and T are corrected by making the following correcting 
amendments:

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 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; 49 U.S.C. App. 1804; 49 CFR 
1.45, 1.46. Sec. 114.900 also issued under 44 U.S.C. 3507.


Sec. 114.400  [Corrected]

    2. In Sec. 114.400(b), in the definition for ``High Speed Craft'', 
in the equation ``V=3.7  x  displ<SUP>1667</SUP> H'', add a decimal 
point before the number ``1667''.

PART 116--CONSTRUCTION AND ARRANGEMENT

    3. 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.


Sec. 116.439  [Corrected]

    4. In Sec. 116.439(e), remove the word ``etc.'' and add, in its 
place, the words ``or other obstructions''.


Sec. 116.500  [Corrected]

    5. In Sec. 116.500(h), remove the word ``be'' immediately before 
the number ``46''.

PART 117--LIFESAVING EQUIPMENT AND ARRANGEMENTS

    6. 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.


Sec. 117.130  [Corrected]

    7. In Sec. 117.130(b), remove the words ``part 160, subparts 
160.062 or 160.162, of this chapter'' and add, in their place, the 
words ``approval series 160.062 or 160.162''.


Sec. 117.150  [Corrected]

    8. In Sec. 117.150(a), remove the words ``part 160, subpart 
160.163, of this chapter'' and add, in their place, the words 
``approval series 160.163'', and remove the words ``part 160, subpart 
160.175, of this chapter'' and add, in their place, the words 
``approval series 160.175''.


Sec. 117.175  [Corrected]

    9. In Sec. 117.175(f)(4), remove the words ``part 161, subpart 
161.010, of this chapter'' and add, in their place, the words 
``approval series 161.010''.


Sec. 117.200  [Corrected]

    10. In Sec. 117.200, in paragraph (a)(1), remove the words ``part 
160, subpart 160.151, of this chapter,'' and add, in their place, the 
words ``approval series 160.151''; in paragraph (a)(2), remove the 
words ``part 160, subpart 160.027, of this chapter,'' and add, in their 
place, the words ``approval series 160.027''; and in paragraphs (a)(3) 
and (a)(4), remove the words ``part 160, subpart 160.010, of this 
chapter,'' and add, in their place, the words ``approval series 
160.010''.


Sec. 117.210  [Corrected]

    11. In Sec. 117.210(c), remove the words ``complying with part 160, 
subpart 160.056, of this chapter'' and add, in their place, the words 
``approved under approval series 160.056'', and remove the words ``part 
160, subpart 160.156, of this chapter'' and add, in their place, the 
words ``approval series 160.156''.

PART 118--FIRE PROTECTION EQUIPMENT

    12. The authority citation for part 118 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.


Sec. 118.320  [Corrected]

    13. In Sec. 118.320(c)(1), remove the words ``part 162, subpart 
162.027, of this chapter'' and add, in their place, the words 
``approval series 162.027''.

PART 121--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

    14. The authority citation for part 121 continues to read as 
follows:


[[Page 64306]]


    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.


Sec. 121.710  [Corrected]

    15. In Sec. 121.710, remove the words ``part 160, subpart 160.041, 
of this chapter'' and add, in their place, the words ``approval series 
160.041''.

PART 122--OPERATIONS

    16. 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.


Sec. 122.604  [Corrected]

    17. In Sec. 122.604, in paragraph (a) introductory text, remove the 
words ``at least 76 millimeters (3 inches) high''; in paragraph (d), 
add the words ``and numbers'' after the word ``letters'' and remove the 
words ``in letters and numbers at least 40 millimeters (1.5 inches) 
high''; in paragraph (e) introductory text add the words ``and 
numbers'' after the word ``letters'' and remove the words ``in letters 
and numbers at least 40 millimeters (1.5 inches) high''.

SUBCHAPTER T--SMALL PASSENGER VESSELS (UNDER 100 GROSS TONS)

PART 175--GENERAL PROVISIONS

    18. The authority citation for part 175 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; 49 U.S.C. App. 1804; 49 CFR 
1.45, 1.46. Sec. 175.900 also issued under 44 U.S.C. 3507.

    19. In Sec. 175.400, in the definition for ``High Speed Craft'', in 
the equation ``V = 3.7  x  displ <SUP>1667</SUP> h'', add a decimal 
point before the number ``1667'', and add, in alphabetical order, a 
definition for ``wood vessel'' to read as follows:


Sec. 175.400  Definitions of terms used in this subchapter.

* * * * *
    Wood vessel means, for the purposes of subdivision and lifesaving 
equipment requirements in this subchapter, a traditionally-built, 
plank-on-frame vessel, where mechanical fasteners (screws, nails, 
trunnels) area used to maintain hull integrity.
* * * * *

PART 177--CONSTRUCTION AND ARRANGEMENT

    20. 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.

    21. In Sec. 177.500, in paragraph (j)(1), remove the last word 
``and'' and add, in its place, the word ``or''; and revise paragraph 
(o)(1) to read as follows:


Sec. 177.500  Means of escape.

* * * * *
    (o) * * *
    (1) The space has a deck area less than 30 square meters (322 
square feet);
* * * * *

PART 178--INTACT STABILITY AND SEAWORTHINESS

    22. The authority citation for part 178 continues to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.


Sec. 178.330  [Corrected]

    23. In Sec. 178.330(a)(4)(v), remove the equation
                  ``Weight on Upper Deck = ---------------------------- 
 x  ----------------  x 1.33''
                                          # of Passengers on Upper Deck  
Wt per Passenger

and add, in its place, the following equation:

                  ``Weight on Upper Deck = (# of Passengers on Upper 
Deck)  x  (Wt per Passenger)  x  1.33''.

PART 180--LIFESAVING EQUIPMENT AND ARRANGEMENTS

    24. 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.


Sec. 180.130  [Corrected]

    25. In Sec. 180.130(b), remove the words ``part 160, subparts 
160.062 or 160.162, of this chapter'' and add, in their place, the 
words ``approval series 160.062 or 160.162''.


Sec. 180.210  [Corrected]

    26. In Sec. 180.210(d), remove the words ``complying with approval 
series 160.056'' and add, in their place, the words ``approved under 
approval series 160.156''.

PART 185--OPERATIONS

    27. 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.


Sec. 185.604  [Corrected]

    28. In Sec. 185.604, in paragraph (a) introductory text, remove the 
words ``at least 76 millimeters (3 inches) high''; in paragraph (d), 
add the words ``and numbers'' after the word ``letters'' and remove the 
words ``in letters and numbers at least 40 millimeters (1.5 inches) 
high''; and, in paragraph (e) introductory text, add the words ``and 
numbers'' after the word ``letters'' and remove the words ``in letters 
and numbers at least 40 millimeters (1.5 inches) high''.

    Dated: December 1, 1997.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 97-31895 Filed 12-4-97; 8:45 am]
BILLING CODE 4910-14-M