[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Proposed Rules]
[Page 25191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11661]



[[Page 25191]]

DEPARTMENT OF TRANSPORTATION

33 CFR Part 183

[CGD 95-041]


Propeller Accidents Involving Houseboats and Other Displacement 
Type Recreational Vessels

agency: Coast Guard, DOT.

action: Notice; request for comments.

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summary: Boating accidents involving propeller strikes often generate a 
great deal of interest and concern. As a result of a serious accident 
involving a rented houseboat which occurred in 1993, for example, the 
Coast Guard has received considerable correspondence seeking the 
initiation of a rulemaking project to establish mandatory requirements 
for propeller guards on recreational houseboats and other displacement-
type (non-planing) vessels, including those leased by livery 
operations. The Coast Guard wants to get an understanding of the 
public's present feelings about the use of propeller guards or possible 
alternatives to propeller guards on these vessels. In order to identify 
and consider the potential impacts such a requirement may have on the 
boating public, boat owners, boat operators, manufacturers, and livery 
companies leasing such vessels, the Coast Guard is requesting comments 
from interested parties.

dates: Comments are requested by July 10, 1995.

addresses: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 95-041), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477.
    The Executive Secretary maintains the public docket for this 
notice. Comments will become part of this docket and will be available 
for inspection or copying at room 3406, U.S. Coast Guard Headquarters.

for further information contact: Mr. Alston Colihan, Project Manager, 
Auxiliary, Boating, and Consumer Affairs Division, (202) 267-0981.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this request for comments by submitting written data, views or 
arguments. Persons submitting comments should include their names and 
addresses and identify this notice (CGD 95-041). Please submit two 
copies of all comments and attachments in an unbound format, no larger 
than 8\1/2\ by 11 inches, suitable for copying and electronic filing. 
Persons wanting acknowledgment of receipt of comments should enclose 
stamped, self-addressed postcards or envelopes.

Background and Purpose

    The Federal statutes in 46 U.S.C. 4302 which authorize the Coast 
Guard to develop boating safety standards specify that such standards 
must be based upon a demonstrated need. In establishing a need, the 
Coast Guard must:
    (1) Consider the extent to which the regulations or standards will 
contribute to boating safety;
    (2) Consider relevant available boating safety standards, 
statistics and data, including public and private research and 
development, testing and evaluation;
    (3) Not compel substantial alteration of a recreational vessel or 
equipment that is in existence, or the construction or manufacture of 
which is begun before the effective date of the regulation, but subject 
to that limitation may require compliance or performance, to avoid a 
substantial risk of injury to the public, that the Secretary considers 
appropriate in relation to the degree of hazard that the compliance 
will correct; and
    (4) Consult with the National Boating Safety Advisory Council.
    Current regulations in 33 CFR 173 and 174 require the operator of 
any vessel numbered or used for recreational purposes to file a Boating 
Accident Report (BAR) if the vessel is involved in an accident that 
results in: (1) Loss of life; (2) personal injury which requires 
medical treatment beyond first aid; (3) damage to the vessel and other 
property exceeding $500; or (4) complete loss of the vessel. Boat 
operators are required to report their accidents to authorities in the 
State where the accident occurred, or directly to the Coast Guard if 
the accident occurred in Alaska. However, ongoing research indicates 
only a small percentage of reportable non-fatal boating accidents are 
reported each year.
    Currently available data does not support a need for Federal 
regulations to require propeller guards on houseboats. Over 31,000 
boating accidents were reported to the Coast Guard for the years 1989 
to 1993. The BAR data base indicates that 17 ``Struck By Boat or 
Propeller'' accidents involving houseboats were reported, with 16 
injuries and one fatality. Three accidents resulting in three injuries 
were of the category, ``Struck by Boat,'' and 14 were of the category, 
``Struck by Propeller,'' and resulted in 13 injuries and one fatality.

Solicitation of Views

    The Coast Guard solicits comments from all segments of the marine 
community and other interested persons on various aspects of propeller 
accident avoidance, including: (1) The economic and other impacts of 
establishing a requirement for propeller guards on recreational 
houseboats and other displacement vessels; (2) suggestions on 
alternatives to propeller guards which should also be considered; (3) 
recommendations on the applicability of regulations; and (4) the 
concerns of the recreational vessel livery and charter industries.
    Persons submitting comments should do so as directed under Request 
for Comments above, and specify the area(s) of concern on which 
comments are being submitted, state what impacts may result from one or 
more alternatives identified, suggest other alternatives, and provide 
reasons to support the information provided on potential impact or 
suggested alternatives.
    The Coast Guard will consider all relevant comments in determining 
what action may be necessary to address propeller accidents involving 
houseboats and other displacement-type recreational vessels.

    Dated: May 3, 1995.
G.A. Penington,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and 
Waterway Services.
[FR Doc. 95-11661 Filed 5-10-95; 8:45 am]
BILLING CODE 4910-14-M