49244 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 71, 114, 115, 122, 170, 

171, 172, 174, 175, 176, 178, 179, and 

185 

[Docket No. USCG–2007–0030] 

RIN 1625–AB20 

Passenger Weight and Inspected 

Vessel Stability Requirements 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend its regulations governing the 

stability of passenger vessels and the 

maximum number of passengers that 

may safely be permitted on board a 

vessel. The average American weighs 

significantly more than the assumed 

average weight per person utilized in 

current regulations, and the maximum 

number of persons permitted on a vessel 

is determined by several factors, 

including an assumed average weight 

for each passenger. Updating regulations 

to more accurately reflect today’s 

average weight per person will maintain 

intended safety levels by taking this 

weight increase into account. The Coast 

Guard is also taking this opportunity to 

clarify and update intact stability and 

subdivision and damage stability 

regulations. 

DATES: Comments and related material 

must reach the Docket Management 

Facility on or before November 18, 

2008. Comments sent to the Office of 

Management and Budget (OMB) on 

collection of information must reach 

OMB before November 18, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2007–0030 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

You must also send comments on 

collection of information to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget. To 

ensure that the comments are received 

on time, the preferred method is by email at oira_submission@omb.eop.gov 

or fax at 202–395–6566. The subject line 

should include the docket number 

(USCG–2007–0030) and say ATTN: 

Desk Officer, U.S. Coast Guard, DHS. An 

alternate, though slower, method is by 

U.S. mail to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503, 

Attn: Desk Officer, U.S. Coast Guard. 

You may inspect the material 

proposed for incorporation by reference 

at room 1308, U.S. Coast Guard 

Headquarters, 2100 Second Street, SW., 

Washington, DC 20593–0001 between 9 

a.m. and 4 p.m., Monday through 

Friday, except Federal holidays. The 

telephone number is 202–372–1372. 

Copies of the material are available as 

indicated in the ‘‘Incorporation by 

Reference’’ section of this preamble. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Mr. William Peters, U.S. Coast 

Guard, Office of Design Engineering 

Standards, Naval Architecture Division 

(CG–5212), telephone 202–372–1371. If 

you have questions on viewing or 

submitting material to the docket, call 

Ms. Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for the Preamble 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meeting 

E. Technical Review by Society of Naval 

Architects and Marine Engineers 

II. List of Acronyms 

III. List of Terms 

IV. Background and Purpose 

V. Discussion of Proposed Rule 

A. Vessel Stability 

Part One—Explanation 

Part Two—Analysis 

Part Three—Assessment Methodology 

B. Weight of Passengers and Crew 

C. Notes on Pontoon Vessels 

D. SOLAS and Resolution A.265 

E. Corrections, Clarifications, and Updates 

F. American Bureau of Shipping 

G. Discussion of Proposed Amendments by 

Section 

VI. Incorporation by Reference 

VII. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

Number of Small Entities Affected 

Types of Entities Affected 

Other Federal Rules 

Regulatory Alternatives 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’ 

paragraph below. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2007–0030), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments and 

material by only one means. If you 

submit them by mail or delivery, submit 

them in an unbound format, no larger 

than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. We may 

change this proposed rule in view of 

them. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov at any time. 

Enter the docket number for this 

rulemaking (USCG–2007–0030) in the 

Search box and click ‘‘Go >>.’’ You may 

also visit the Docket Management 


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Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 49245 

Facility in Room W12–140 on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

C. Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

D. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

E. Technical Review by Society of Naval 

Architects and Marine Engineers 

An ad hoc panel of the Society of 

Naval Architects and Marine Engineers 

(SNAME) has reviewed reports 

delivered to the Coast Guard by BMT 

Designers and Planners and CSC 

Advanced Marine Center and provided 

technical advice concerning vessel 

stability and increased passenger 

weight. SNAME is a nonprofit, 

professional society, and the panel’s 28 

experienced naval architects are able to 

provide technical peer review from a 

broad cross-section of the designers, 

builders and operators of passenger 

vessels. The Charter for Ad Hoc Panel 

15 on Loading Criteria for People 

Aboard Passenger Vessels and a 

memorandum from the panel’s 

chairman to the Coast Guard concerning 

the Phase 1 Impact Analysis Report 

from BMT Designers and Planners are 

available in the docket at http:// 

www.regulations.gov. A list of the 

panel’s members and information about 

their meetings is available at http:// 

www.sname.org/committees/tech_ops/ 

O44/passenger/activity-15.html. The 

Coast Guard will make any additional 

reports from the ad hoc panel available 

to the public by posting them to the 

docket. 

II. List of Acronyms 

2008 IS Code International Code on Intact 

Stability, 2008 

ABS American Bureau of Shipping 

CDC Centers for Disease Control and 

Prevention 

CFR Code of Federal Regulations 

COI Certificate of Inspection 

DHS Department of Homeland Security 

DOT Department of Transportation 

FAA Federal Aviation Administration 

EO Executive Order 

FR Federal Register 

GM Metacentric height 

LBP Length Between Perpendiculars 

LCG Longitudinal Center of Gravity 

MARPOL International Convention for the 

Prevention of Pollution from Ships 

MSC Marine Safety Center 

NHANES National Health and Nutrition 

Examination Survey 

MISLE Marine Information for Safety and 

Law Enforcement 

NAICS North American Industry 

Classification System 

NEPA National Environmental Policy Act 

of 1969 

NPRM Notice of Proposed Rulemaking 

NTSB National Transportation Safety Board 

OCMI Officer in Charge, Marine Inspection 

OMB Office of Management and Budget 

PSSC Passenger Ship Safety Certificate 

PSST Pontoon Simplified Stability Proof 

Test 

SBA United States Small Business 

Administration 

SNAME Society of Naval Architects and 

Marine Engineers 

SOLAS International Convention for the 

Safety of Life at Sea 

SST Simplified Stability Proof Test 

U.S.C. United States Code 

VCG Vertical Center of Gravity 

III. List of Terms 

Angle of heel means the angle of the 

vessel’s centerline to the upright when 

the vessel is inclined. 

Deadweight survey: See lightweight 

survey. 

Draft means the vertical distance from 

the bottom of the hull (i.e., the keel) or 

another point that protrudes below the 

hull to the waterline. 

Exposed waters generally means more 

than 20 nautical miles from a harbor of 

safe refuge. 

Flush deck means any continuous, 

unbroken deck from stem to stern. 

Freeboard means the vertical distance 

from the deck edge to the waterline. A 

decrease in freeboard (i.e. reduced 

freeboard) corresponds to an increase in 

draft. 

Heel is the degree to which a ship 

leans transversely as a result of variable 

and dynamic external forces. 

Heeling moment is generally a force 

acting through a distance that causes a 

vessel to roll or heel to one side. A 

heeling moment that is larger than the 

vessel’s righting ability can cause the 

vessel to overturn or capsize. Coast 

Guard requirements limit the amount of 

heel a vessel can have when wind or 

passenger movement causes the heeling 

moment. 

Inclining or stability test is a 

methodical process that involves 

moving a series of known weights on a 

vessel and measuring the resulting 

change in the equilibrium heel angle to 

determine the vessel’s stability 

characteristics. 

Intact stability generally means the 

stability properties of a vessel without 

any damage to its watertight buoyancy 

volume. 

Length between perpendiculars (LBP) 

means the length of the summer load 

waterline from the vessel’s stern post to 

the point where it crosses the vessel’s 

stem. 

Lightship displacement or lightweight 

means the weight of a vessel that is 

complete in all respects, but without 

consumables, stores, cargo, passengers, 

crew, and their effects, and without any 

liquids on board except fixed ballast 

and machinery and piping fluids, such 

as lubricants and hydraulics, which are 

at operating levels. 

Lightweight survey is a part of the 

stability test that determines any 

changes in lightship displacement and 

longitudinal center of gravity (LCG). It 

involves taking an audit of all items that 

should be added, deducted, or relocated 

on a vessel so that the observed 

condition of the vessel can be adjusted 

to the lightship condition. Often 

referred to as a deadweight survey. 

Longitudinal center of gravity (LCG) 

means the location along the vessel’s 

length at which the total weight of the 

vessel may be assumed to act. 

Master means a person holding a 

valid license that authorizes that person 

to serve as a master of a passenger 

vessel. 

Open boat means a vessel not 

protected from entry of water by means 

of a complete weathertight deck. 

Operator means the person or entity 

who provides operational instructions 

to and receives reports from the master 

of the vessel and is responsible for the 

vessel’s maintenance and repair, 

schedule of operations, crewing, etc. 

Owner means the person or entity 

holding title to the vessel. 

Partially protected waters generally 

means not more than 20 nautical miles 

from a harbor of safe refuge. 

Passenger heel refers to the heeling 

moment that occurs when passengers 

move to one side of the vessel’s 

centerline, causing the vessel to roll, or 

heel. 

Pontoon vessel generally means any 

vessel having two or more sealed hulls, 

which are structurally independent and 

detachable from the vessel’s deck or 

cross structure. 


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Protected waters generally means 

sheltered waters that present no special 

hazards. 

Sailing vessel means a vessel that is 

propelled by wind, using sails. 

Subdivision and damage stability 

refers to the stability characteristics of a 

vessel when damaged, generally 

focusing on flooding of watertight 

compartments. 

Vertical center of gravity (VCG) means 

the height above the keel at which the 

total weight of the vessel may be 

assumed to act. 

Vessel stability refers to the tendency 

of a ship to remain upright or return to 

upright when inclined by forces that are 

caused by the action of waves, wind, 

passenger movement, etc. 

Waterplane means the horizontal area 

obtained from the intersection of the 

ship’s hull with the water’s surface at a 

particular draft. The waterplane area is 

used to calculate how much immersion 

will be caused by additional weight. 

Wind heel refers to the heeling 

moment caused when the wind acts on 

the lateral area of the vessel above the 

waterline and causes the vessel to roll, 

or heel. 

IV. Background and Purpose 

The total number of persons 

permitted on a passenger vessel, 

inspected and certificated under 46 CFR 

Subchapters H, K or T, is limited by a 

number of different design factors, one 

of which is stability. Stability 

requirements include intact stability for 

almost all vessels, as well as subdivision 

and damage stability generally for any 

vessel carrying more than 49 passengers 

and all vessels over 65 feet in length. 

This NPRM is intended to clarify and 

update both intact stability and 

subdivision and damage stability 

regulations, primarily related to the 

carriage of passengers for hire, and to 

update the weight per person used for 

all vessels. The intent of this rulemaking 

is to ensure that each vessel operates 

without being overloaded. 

The overall good safety record of the 

passenger vessel industry reflects safety 

factors inherent in the stability 

requirements applied to passenger 

vessels. Increasing the passenger weight 

to reflect current data will help ensure 

that the safety margins included in our 

regulations remain valid. 

These safety margins operate in two 

ways. The first is through intact 

stability, which generally relates to the 

stability of a vessel in normal operation. 

The second is through subdivision and 

damage stability, which generally 

relates to the stability of a vessel in an 

emergency involving a flooded 

condition. 

A vessel’s stability information, 

including any restrictions on route and 

the number of passengers permitted, is 

provided to the vessel operator most 

often in the form of a stability letter 

issued by the Coast Guard’s Marine 

Safety Center (MSC), and/or a Coast 

Guard Certificate of Inspection (COI) 

issued by the Officer in Charge, Marine 

Inspection (OCMI). When both are 

provided, restrictions on the COI 

govern. The COI is issued after the 

vessel’s stability has been evaluated in 

one of two ways: 

For vessels greater than 65 feet in 

length, stability is evaluated through 

detailed design calculations—submitted 

to the MSC—that produce the vessel’s 

stability requirements. This process, 

which takes into account the assumed 

total weight of persons on board, is 

described in 46 CFR, subchapter S, parts 

170 and 171. 

Vessels not greater than 65 feet in 

length normally undergo a performance 

test conducted in the presence of the 

OCMI, instead of submitting design 

stability calculations to the MSC (46 

CFR part 178). This performance test, 

which also takes into account the 

assumed total weight of persons on 

board, is either a simplified stability 

proof test (SST) or, if the vessel is a 

pontoon vessel, a pontoon simplified 

stability proof test (PSST). The SST is 

intended to evaluate monohull vessels, 

and the PSST is intended to evaluate 

pontoon vessels operating on protected 

waters. For ease of discussion, we will 

use the term SST in this preamble to 

describe any simplified stability proof 

test. 

Vessels to which these tests do not 

apply may need to be evaluated through 

design calculations to show that they 

meet intact stability requirements. 

Alternately, a vessel might satisfy 

stability requirements by complying 

with a standard acceptable to the 

Commanding Officer, Marine Safety 

Center. Finally, simplified subdivision 

calculations may be necessary for some 

vessels not greater than 65 feet in 

length. 

To arrive at a total assumed weight of 

persons on board for calculating 

stability, an assumed average weight per 

person is used. Section 178.330 of Title 

46 of the CFR specifies that the assumed 

average weight per person is 160 

pounds, except that vessels operating 

exclusively on protected waters and 

carrying a mix of men, women, and 

children may use an average weight of 

140 pounds per person. These weights 

were established in the 1960s. 

In a report issued in October 2004, the 

Centers for Disease Control and 

Prevention (CDC) concluded that the 

average weight of an individual in the 

United States has increased 

dramatically in the last 40 years, with 

the greatest increase seen in adults. (The 

report, Advance Data From Vital Health 

Statistics Mean Body Weight, Height, 

and Body Mass Index, United States 

1960–2002, No. 347, October 27, 2004, 

is available in the docket.) This increase 

in passenger and crew weight can have 

an adverse effect on the stability of 

passenger vessels due to several factors, 

including increased vertical center of 

gravity, reduced freeboard, and 

increased passenger heeling moment. 

On December 20, 2004, the National 

Transportation Safety Board (NTSB) 

issued Safety Recommendation M–04–

04 (available in the docket), which 

included findings that the current 140 

pound per person weight allowance for 

operations on protected waters does not 

reflect actual loading conditions. The 

NTSB recommended that the Coast 

Guard revise its guidance to OCMIs for 

determining the maximum passenger 

capacity of small passenger pontoon 

vessels either by: (1) Dividing the 

vessel’s SST weight by 174 pounds per 

person; or (2) restricting the actual 

cumulative weight of passengers and 

crew to the vessel’s SST weight. In 

correspondence to the NTSB dated 

April 7, 2005 (available in the docket), 

the Coast Guard concurred that the 

average weight per person used in SSTs 

needed to be updated, and noted that an 

internal Coast Guard study identified 

the same issue. That study, which is 

entitled Study of Effects on Commercial 

Passenger Vessels Due to Weight 

Standards, is available in the docket. 

This notice of proposed rulemaking 

(NPRM) follows notices to the public, 

published in the Federal Register on 

April 26, 2006 (71 FR 24732) and 

November 2, 2006 (71 FR 64546), 

recommending voluntary interim 

measures for passenger vessels to follow 

while the Coast Guard studied the issue 

of increased passenger weight. In 

summary, those voluntary measures 

advised pontoon vessels and other small 

passenger vessels to (1) more stringently 

monitor wind and wave conditions 

prior to departure and (2) begin using 

185 pounds as the new assumed average 

weight per person when calculating 

passenger capacity. A discussion of how 

185 pounds was chosen is contained in 

the April 26, 2006 notice and in the 

discussion of § 170.090 in this 

preamble. 

At last count, the Docket Management 

Facility received 108 comments from 

the public in response to those notices. 

They are posted for public view at 

http://www.regulations.gov under 

docket number USCG–2007–0030, and 


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can be viewed by following the 

directions in the ‘‘Viewing comments 

and documents’’ section of this 

preamble. We will respond to those 

comments, together with comments 

received in response to this NPRM, 

when we publish an effective rule. 

Finally, this proposed rule is an 

opportunity to identify where 

corrections, clarifications, and updates 

need to be made to existing regulations. 

These proposed changes, which would 

include changes in international 

requirements, will be discussed in 

greater detail later in this preamble, 

under ‘‘Corrections, Clarifications, and 

Updates.’’

V. Discussion of Proposed Rule 

For easier reference, we have divided 

this discussion into the following 

topics: A. Vessel Stability; B. Weight of 

Passengers and Crew; C. Notes on 

Pontoon Vessels; D. SOLAS and 

Resolution A.265; E. Corrections, 

Clarifications, and Updates; F. 

American Bureau of Shipping; and 

G. Discussion of Proposed Amendments 

by Section. 

A. Vessel Stability 

An increase in passenger and crew 

weight will typically have an adverse 

effect on vessel stability. Whether or not 

such additional weight would result in 

non-compliance of a vessel with 

applicable stability criteria depends 

upon the amount and location of the 

additional weight, the degree by which 

the vessel demonstrated compliance 

with the stability criteria previously, 

and which of the criteria was limiting, 

if any. 

Historically, a margin of safety has 

been built into the requirements for both 

intact stability and subdivision and 

damage stability. The standards for 

intact stability criteria are generally 

designed to provide vessels with 

adequate ability to resist overturning 

heeling moments, such as those caused 

by wind or passenger weight shifting to 

one side. Standards for subdivision and 

damage stability are designed to address 

the worst case loading conditions and 

certain flooding scenarios that could 

occur as a result of accidental damage. 

Although intact stability and 

subdivision and damage stability 

standards address different stability 

risks, we believe that these two stability 

standards together are responsible in 

part for the good safety record of the 

passenger vessel industry. Therefore, we 

are proposing that intact stability and 

subdivision and damage stability 

requirements utilize an updated 

assumed average weight per person. 

We also propose adding more specific 

requirements for a vessel owner or 

operator to show that the vessel meets 

intact stability and subdivision and 

damage stability standards, including 

provisions accounting for possible 

changes in vessel and weight per 

person. These requirements will 

improve a master’s ability to meet 

stability criteria for the intended service 

and also avoid overloading the vessel. 

Additionally, to help ensure that 

vessels maintain the intended safety 

levels after initial certification, we 

would clarify the requirement that 

stability information be checked at each 

annual inspection or COI renewal to 

confirm that it is still valid for the 

loading and service intended. 

Finally, we propose requiring stability 

verification—including calculations—at 

least every ten years. 

We propose detailing these 

requirements in new sections that 

would be added to each of the three 

subchapters that address the inspection 

of passenger vessels. The new sections, 

entitled ‘‘Stability Verification,’’ would 

be added at § 71.25–50 in subchapter H, 

§ 115.505 in subchapter K, and 

§ 176.505 in subchapter T (all of which 

are contained in chapter I, Title 46 of 

the CFR). Each new section would be 

comprised of paragraphs (a), (b), (c) and 

(d). 

So that owners, operators, and OCMIs 

may clearly understand these 

requirements, how we intend to 

implement them, and the analyses upon 

which they are based, a discussion in 

three parts is given below: 

‘‘Part One—Explanation’’ describes 

the purpose and intent behind each of 

the paragraphs—(a), (b), (c), and (d)—in 

the proposed new ‘‘Stability 

Verification’’ sections. 

‘‘Part Two—Analysis’’ describes the 

process whereby the Coast Guard 

developed an assessment methodology 

for prioritizing the vessels that would 

require stability verification. 

‘‘Part Three—Assessment 

Methodology’’ describes the 

methodology to be used by owners, 

operators, and OCMIs to, first, 

determine whether a change in the 

permitted number or distribution of 

passengers might be necessary and, 

second, to assess whether a vessel 

would be likely to require new stability 

testing or evaluation. 

Part One—Explanation 

Paragraph (a) of §§ 71.25–50, 115.505, 

and 176.505 

Paragraph (a) would add, as the owner 

or operator’s responsibility, two checks 

regarding the vessel’s stability 

information. First, at each annual 

inspection and Certificate of Inspection 

(COI) renewal, the owner or operator 

would demonstrate that the stability 

information is still appropriate for the 

vessel’s intended loading and service. 

This requirement would augment the 

confirmation by a Coast Guard marine 

inspector that a valid stability letter is 

properly posted aboard a vessel. 

Second, the owner or operator would 

need to confirm that the total weight of 

gear and variable loads is still valid for 

the intended service. (The total weight 

of gear and variable loads, including the 

total weight of persons carried, is the 

basis for the stability letter and/or the 

COI.) The owner or operator would need 

to ensure that the master knows both the 

maximum total weight of persons and 

the average weight per person on which 

the total weight is based. 

Currently, all passenger vessels are 

required to comply with a section in the 

‘‘Operations’’ part of each inspection 

subchapter (§§ 78.17–22, 122.315, and 

185.315 of this title) that requires a 

master to verify, prior to departure on 

every voyage, that the loaded vessel 

complies with all stability information, 

and that the stability information is 

being used properly to ensure that the 

vessel is not overloaded. Paragraph (a) 

would add a requirement that the owner 

or operator demonstrate the methods the 

master uses to do this. Such methods 

could include the competent reading of 

loading or draft marks, and must 

include the proper use of that 

information for complying with the 

draft and/or freeboard restrictions 

normally contained in the stability 

letters for these types of vessels. 

If the stability information is no 

longer valid, a new stability letter would 

be needed. The new stability letter 

would contain revised operating 

restrictions that the master should 

follow to avoid overloading the vessel 

and to maintain compliance with 

stability requirements. 

The following flowchart illustrates the 

stability confirmation process discussed 

above: 

BILLING CODE 4910–15–P 


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BILLING CODE 4910–15–C 


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Paragraph (b) of §§ 71.25–50, 115.505, 

and 176.505. 

This paragraph would require a 

vessel’s stability to be verified at 10 year 

intervals or when modifications are 

made to the vessel that could affect the 

vessel’s ability to meet stability 

requirements. The 10 year ‘‘clock’’

would start whenever the last stability 

verification was conducted or stability 

letter was issued, or when a 

determination of sister vessel status was 

made (as permitted in part 170 of 

Subchapter S). The ‘‘clock’’ would be 

reset after each stability verification. For 

a vessel that would be issued a SOLAS 

Passenger Ship Safety Certificate 

(PSSC), the SOLAS requirement for a 

lightweight survey to be conducted at 

least once every 5 years would 

constitute a verification of the vessel’s 

stability for the purposes of this 

paragraph. 

In other words, paragraph (a) requires 

the owner or operator to make sure that 

the vessel master knows what the 

vessels’ stability limits are, based on the 

most recent stability calculations. 

Paragraph (b) requires new calculations 

of the per-person weight, and then 

requires the use of that weight to 

verify—usually with calculations—that 

the vessel still meets applicable stability 

requirements. 

Paragraph (c) of §§ 71.25–50, 115.505, 

and 176.505. 

This paragraph would provide the 

minimum requirements for what the 

stability verification required by 

paragraph (b) would include. The 

requirements would vary depending on 

whether the vessel’s stability 

compliance was governed by subchapter 

S or subchapter T of title 46 CFR. 

Subchapter S requires that detailed 

design calculations be submitted to the 

Marine Safety Center (MSC), as 

described in parts 170 and 171. This 

requirement also applies to all 

subchapter H and K vessels and some 

subchapter T vessels. However, a 

simplified test, either an SST or PSST, 

is performed for most subchapter T 

vessels, as described in part 178. In 

cases where a simplified test is neither 

feasible nor appropriate, a stability 

standard would be determined by the 

MSC. 

Unless the OCMI permits the use of 

another value, the assumed average 

weight per person would be determined 

according to proposed paragraph 

170.090(d) or 178.330(a)(4)(ii), 

whichever is applicable. The OCMI may 

permit another value when the owner or 

operator can show that another value 

more accurately represents the average 

weight of persons carried in service; for 

example when the vessel carries 

primarily children. 

Using a total weight of persons based 

on this latest average weight per person 

(i.e., the new total test weight), the 

owner or operator would need to verify 

that the vessel meets applicable stability 

criteria. For subchapter S compliance, 

this would mean that calculations 

would need to be performed if the total 

weight of persons carried is greater than 

the total weight used in the previous 

stability verification. For vessels 

undergoing a simplified proof test, the 

owner or operator would need to either 

perform a new test using the new total 

test weight, or prove that the vessel 

could meet current applicable 

requirements using data from the most 

recently performed simplified test, if 

those data are valid. 

For vessels meeting subchapter S 

requirements, the verification would 

also include conducting a deadweight 

survey to verify that the vessel’s 

stability characteristics have not 

changed significantly, and that it 

remains in compliance with applicable 

stability criteria. (Coast Guard policy for 

what constitutes a significant change is 

contained in Marine Safety Center 

Technical Note (MTN) 04–95, Lightship 

Change Determination; Weight-Moment 

Calculation vs. Deadweight Survey vs. 

Full Stability Test, available in the 

docket.) If sufficient accuracy can be 

obtained for the stability verification 

prior to the deadweight survey, some 

relaxation in the deadweight survey 

requirements could be accepted by the 

MSC. For example, a greater number of 

tanks containing operating liquids could 

be kept at normal levels. 

If the lightship characteristics have 

changed so that stability compliance is 

not assured under the existing stability 

information, a new stability analysis—

together with associated loading 

calculations—would be needed, and a 

new stability letter would be issued. 

When the passenger capacity of a 

vessel is limited by subdivision and/or 

damage stability considerations, the 

proposed increase in assumed average 

passenger weight may require a 

corresponding reduction in passenger 

capacity. For example, in a passenger 

vessel to which 46 CFR 179.220 is 

applicable, an increase in the assumed 

average weight per person could cause 

either a change in freeboard, resulting in 

a reduction in the permissible distance 

between watertight bulkheads (see 46 

CFR 179.220(a)(2)), or a reduction in the 

permitted number of passengers in order 

to remain in compliance with existing 

subdivision and damage stability 

requirements. In a vessel to which 

subchapter S subdivision and damage 

stability requirements are applicable, 

increased passenger weight could cause 

the margin line to become submerged in 

the flooded condition, which 

regulations prohibit. 

Owners of such vessels as those 

discussed above may seek to modify 

their vessels to maintain their current 

passenger count. When significant, such 

modifications may be determined by the 

Coast Guard to be ‘‘major conversions.’’

When a modification constitutes a major 

conversion, it is appropriate to bring the 

vessel into compliance with the latest 

safety standards where it is both 

reasonable and practicable to do so. The 

cognizant OCMI makes a determination 

on which areas of a vessel undergoing 

major conversion must be brought into 

compliance. 

In all cases, for a passenger vessel that 

undergoes a major conversion or incurs 

changes that affect its stability, the 

required verification of both intact 

stability and subdivision and damage 

stability compliance would use the 

latest assumed average weight per 

person. 

Paragraph (d) of §§ 71.25–50, 115.505, 

and 176.505. 

This paragraph would permit the 

Coast Guard authority responsible for 

issuing the stability information to defer 

or dispense with stability verification 

based on the vessel’s characteristics or 

the degree to which the vessel could be 

affected by increased weight per person 

or vessel weight. For vessels that are 

subject to subchapter S requirements, 

this authority is normally the 

Commanding Officer, Marine Safety 

Center; for vessels whose stability is 

based on a simplified stability test, this 

authority is normally the OCMI. 

Analyses described under the ensuing 

‘‘Part Two—Verification Process’’ of this 

preamble showed that some vessel types 

experience a negligible effect from 

increased passenger weight. These 

vessel types include sailing vessels, 

vessels that carry substantial cargo 

amounts compared to the passenger 

weight, vessels that have an established 

process to avoid overloading, and/or 

vessels that follow the voluntary 

measures for prudent operation 

contained in the Federal Register notice 

published on April 26, 2006 (71 FR 

24732). A more detailed description of 

those vessels relatively unaffected by an 

increase in weight per person can be 

found in ‘‘Part Three—Assessment 

Methodology.’’

Part Two—Analysis 

The Coast Guard sponsored an 

analysis of the impact of increased 


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weight per person on the U.S. inspected 

passenger vessel fleet. From the Marine 

Information for Safety and Law 

Enforcement (MISLE) database, we 

found that nearly 75 percent of the 

inspected U.S. flag passenger vessels are 

65 feet in length or less. The stability of 

most of these vessels was based on the 

performance of a simplified stability test 

(SST), either for a monohull or a 

pontoon passenger vessel. 

The analysis showed that the effect of 

increased passenger weight on vessels 

depended on factors not included in the 

MISLE database, such as the amount of 

freeboard and draft and whether the 

vessel is a flush deck or open boat type. 

To supplement that study, additional 

stability analyses were performed on a 

number of monohull vessels that had 

undergone SSTs. By analyzing the SST 

results, conservative estimates of key 

parameters—such as the moment to heel 

1 degree—can be made, that, in turn, 

can be used in an assessment 

methodology for intact stability 

verification. 

These analyses were peer-reviewed by 

the Society of Naval Architects and 

Marine Engineers (SNAME) Ad Hoc 

Panel No. 15, which provided both a 

technical appraisal of the analyses and 

recommendations on how they could be 

used. Two of the panel’s 

recommendations are associated with 

the proposed prioritizing process: 

(1) The panel recommended the Coast 

Guard adopt a risk-based process that 

looks at relative changes to a vessel’s 

stability characteristics and compares 

these relative changes to acceptable 

limits determined by the Coast Guard; 

and 

(2) The panel recommended the Coast 

Guard adopt a technical process in 

reviewing stability. That process would 

use the stability requirements the vessel 

is designed to meet to determine if the 

vessel has been adversely affected by an 

increase in passenger weight such that 

a new stability evaluation should be 

performed. 

We agree with these 

recommendations. In addition, based on 

the analyses of the impact of increased 

passenger weight on the passenger 

vessel fleet, we developed an 

assessment methodology, detailed in 

‘‘Part Three—Assessment Methodology’’

below, that reflects these 

recommendations. 

As stated above, this proposed rule 

would require that a stability 

verification be performed within ten 

years of the date the last stability letter 

was issued or a previous stability 

verification was performed. Regardless 

of when the stability information was 

issued, however, all vessels must meet 

stability requirements using the latest 

assumed average weight per person 

immediately upon the effective date of 

this rule. Additionally, in all cases, 

when a vessel or its loading is modified 

in any way that alters its stability, a 

stability verification is required as soon 

as is practicable, using the latest 

assumed average weight per person. 

Since a very large portion of inspected 

passenger vessels currently have 

stability letters that are more than 10 

years old, we developed a process that 

allows owners, operators, and OCMIs to 

determine whether the stability 

verification should be conducted as 

soon as is practicable, deferred to a later 

date—most likely the next regular 

inspection—or perhaps dispensed with. 

This process would more evenly 

distribute demand for the Coast Guard 

resources that will be necessary to guide 

implementation of this proposed rule. 

The following flowchart illustrates the 

prioritizing process, discussed in detail 

below: 


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Part Three—Assessment Methodology 

The process by which an owner, 

operator, or OCMI would determine 

whether a vessel would need to reduce 

or redistribute passengers and whether 

it would need a new stability 

verification—and how soon—is laid out 

in detail below: First for vessels subject 

to the requirements of subchapter S, and 

second for vessels that undergo a 

simplified proof test. 

However, there are several vessel 

categories for which no further 

assessment of passenger weight needs to 

be considered, with the exception that 

a new stability letter might be required. 

No immediate stability verification or 

change to passenger capacity is 

necessary if the vessel: 

1. Is a sailing vessel; 

2. Has a Certificate of Inspection (COI) 

that permits 86 percent (approximately 

equal to 160 pounds divided by 185 

pounds) or fewer of the passengers 

permitted by the stability letter, and the 

assumed weight per person was 160 or 

165 pounds; 

3. Has a COI that permits 75 percent 

(approximately equal to 140 pounds 

divided by 185 pounds) or fewer of the 

passengers permitted by the stability 

letter, if operating on protected waters 

with a mix of men, women, and 

children, and the assumed weight per 

person was 140 pounds; 

4. Is permitted to carry an amount of 

cargo, not including passengers, that 

exceeds the total weight of passengers 

carried; or 

5. Ensures that the total weight of 

persons aboard the vessel does not 

exceed the assumed total weight of 

persons used to develop the stability 

information, which is equal to the total 

test weight. 

Assessment of vessels subject to the 

requirements of subchapter S. 

The SNAME Ad Hoc panel also 

proposed, and the Coast Guard, in turn, 

proposes a process for evaluating 

stability change in these vessels using 

the latest assumed average weight per 

person. By following the process below, 

the owner, operator, or OCMI could 

determine the urgency of each vessel’s 

need for a re-evaluation of intact 

stability and prioritize the vessel 

accordingly. The data necessary for 

making the percent change and detailed 

loading calculations described below 

should be readily available, as § 78.17–

22(b) requires that vessel masters have 

the capability to determine the vessel’s 

draft, trim, and stability as necessary. 

Evaluation process for a vessel subject 

to the requirements of subchapter S. 

The following three assumptions were 

applied: 

1. Wind heel requirements are more 

severe than passenger heel, and this 

doesn’t change with an increase in 

weight per person. Experience has 

shown that passenger heel requirements 

in subchapter S rarely exceed wind heel 

requirements. 

2. Each vessel meets stability 

requirements in its current condition, 

prior to assessing the effect of a perperson weight increase. Our assessment 

cannot take into account unauthorized 

changes to the vessel or its service. 

3. A small amount of increase in 

weight or vertical center of gravity 

(VCG) will not adversely affect the 

stability of the vessel significantly. 

This approach is taken from MTN 4–

95 (available in the docket), which uses 

weight-moment calculations to assess 

the absolute and relative changes in 

displacement and centers of gravity 

(LCG and VCG). Those changes, in turn, 

can be compared to previously 

determined limits to evaluate the 

relative risk of adverse changes to the 

vessel’s stability. To do this, a 

calculation is needed that relates the 

change in vertical weight moment 

caused by an increase in assumed 

weight per person (VMOMchng) to the 

lightship vertical weight moment 

(VMOMlightship): 

Percent Change = VMOMchng/ 

VMOMlightship × 100 

Where: 

VMOMchng = (Wpaxnew ¥ Wpaxold) × (VCGpax) 

VMOMlightship = lightship weight × lightship 

VCG 

VCG = vertical center of gravity above 

baseline 

Wpaxnew = the number of passengers 

multiplied by the latest assumed average 

weight per person 

Wpaxold = the number of passengers 

multiplied by the old assumed average 

weight per person (generally, either 160 

or 165 pounds) 

VCGpax = the overall VCG of the passengers 

carried above the baseline 

In making the calculations, consistent 

units must be used. In other words, if 

the lightship weight is given in long 

tons, Wpaxnew and Wpaxold must be 

computed in long tons; if the lightship 

VCG is in feet, VCGpax must be in feet; 

if in meters, use meters. 

MTN 4–95 allows up to a 2 percent 

change in lightship weight without 

verifying weight-moment calculations. 

Additionally, an OCMI may consider 

the difference in VCG of the vessel and 

the passengers. It should be noted that 

a percent change of the vertical moment 

of less than 3 provides a value of safety 

corresponding to the 2 percent 

displacement allowed in MTN 4–95. For 

these reasons, if the percent change in 

vertical moment computed by the 

methodology given above is less than 3, 

an OCMI could defer the stability 

verification to a later date, most likely 

the next regularly scheduled inspection. 

If the percent change is 3 or greater, and 

the vessel’s most recent stability letter is 

more than 10 years old, detailed 

stability calculations should be 

performed to determine the degree to 

which, if any, an increase in total 

assumed passenger weight would affect 

the vessel’s compliance with the 

applicable stability criteria. 

Evaluation process for a vessel 

undergoing a monohull simplified 

stability proof test. 

This process uses data obtained from 

the SST data form and the standards 

given in 46 CFR 178.330. If the data for 

the SST is not available, vessel 

measurements will be necessary to 

obtain the SST data or the moment to 

heel 1 degree (MH1SST) must be 

estimated as described in the steps 

below: 

1. Using the following equation, 

calculate the additional sinkage in 

inches (centimeters) due to the 

increased passenger weight: 

Sinkage = (Wpaxnew ¥ Wpaxold)/Wimmersion

Where: 

Wimmersion = (Waterplane Area × Water 

Density/K) in pounds per inch 

(kilograms per centimeter) (this is the 

weight per unit immersion); K = 12 

inches per foot (100 centimeters per 

meter) 

Wpaxnew = the number of passengers 

multiplied by the latest assumed average 

weight per person in pounds (kilograms) 

Wpaxold = the number of passengers 

multiplied by the old assumed average 

weight per person used in the SST 

(generally, either 140 or 160 pounds) in 

pounds (kilograms) 

Waterplane Area = Length × Beam × 

Waterplane Coefficient in square feet 

(square meters) 

Waterplane Coefficient = 0.7 for monohulls 

or 0.4 for multihulls, unless a more 

accurate value is known 

Water Density = 64 pounds per cubic foot 

(1,025 kilograms per cubic meter) for salt 

water; 62.4 pounds per cubic foot (1,000 

kilograms per cubic meter) for fresh 

water 

2. Calculate the location of the new 

maximum allowable immersion mark 

(iupright-new) above the upright load 

waterline by subtracting the sinkage 

calculated in step 1 above from the SST 

measured freeboard and applying the 

appropriate formula from 46 CFR 

178.330(d). If the data for an SST is not 

available, the freeboard should be 

measured with the vessel in the 

condition specified in 46 CFR 

178.330(a). (In summary, this is with the 

vessel complete in all respects, in a fully 


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loaded condition, and with all 

anticipated loads properly distributed.) 

3. Calculate the existing SST moment 

to heel 1 degree (MH1SST) as follows: 

MH1SST = HMSST/ThetaSST

Where: 

ThetaSST = angle between upright SST 

waterline and actual SST immersion 

point (after weight movement), in 

degrees = inverse tangent (2 × (iheeled ¥ 

iupright/beam at the reference station)) 

(This is the actual heel angle caused by 

the heel moment applied in the SST.) 

HMSST = heeling moment applied during the 

SST in foot-pounds (meter-kilograms) 

iupright = maximum allowable immersion 

determined from the upright freeboard 

before weight movement 

iheeled = actual remaining distance measured 

after the weight movement from the 

water surface to the position of iupright on 

the vessel 

If the data for an SST is not available, 

the MH1SST can be estimated using the 

following equations: 

For a vessel operating on exposed 

waters: 

MH1SST = 3 × ((L × B3)2)/108 + (L × B3)/ 

60 + 50 

For a vessel operating on partially 

protected waters: 

MH1SST = 4 × ((L × B3)2)/108 + (L × B3)/ 

125 + 200 

For a vessel operating on protected 

waters: 

MH1SST = 4.5 × ((L × B3)2)/108 + (L × 

B3)/250 + 250 

Where, 

L = Length in feet, and 

B = Beam, in feet 

4. Determine the new moment to heel 

1 degree (MH1new) in foot-pounds 

(meter-kilograms) with the increased 

passenger weight as follows: 

MH1new = MH1SST × (TSST/Tnew) ¥ 

VMnew/57.3 

Where: 

TSST = Estimated draft during SST in feet 

(meters), which may be calculated as the 

difference between the depth to the keel 

and the freeboard used in step 2 

Tnew = TSST + sinkage (calculated in step 1 

above, and converted to feet (meters)) 

VMnew = (Wpaxnew ¥ Wpaxold) × VCGpax in footpounds (meter-kilograms) 

VCGpax = Overall vertical center of gravity 

(VCG) of the passengers carried 

5. Calculate new passenger heeling 

moment (MPnew) in accordance with 46 

CFR 178.330 using the latest assumed 

average weight per person. If the 

existing wind heeling moment (MW) 

exceeds MPnew, the new draft (Tnew) 

should be used to calculate the new 

wind heeling moment (MWnew) in 

accordance with 46 CFR 178.330. The 

greatest of the new passenger or wind 

heeling moments (MPnew or MWnew) is 

divided by MH1new to determine the 

heel angle produced by the new heeling 

moment (Thetanew): 

Thetanew = (Max (MPnew or MWnew))/ 

MH1new

6. Using the heel angle (Thetanew) 

calculated in step 5, the height of the 

heeled waterline above the upright 

waterline (iheeled-new) with the new 

heeling moment is determined: 

iheeled-new = tangent (Thetanew) × 2 × beam 

at the reference station 

If iheeled-new is less than or equal to the 

height of the new maximum allowable 

immersion mark calculated in step 2 

(iupright-new), the vessel would not be 

affected by an increase in assumed 

weight per person. If the value exceeds 

(iupright-new), the number of passengers 

should be reduced, or the passengers 

redistributed if the vessel has an upper 

deck, and steps 1 through 6 repeated 

until the immersion mark height 

(iheeled-new) is equal to or below the 

maximum allowable (iupright-new). 

B. Weight of Passengers and Crew 

New provisions on the assumed 

average weight per person would be 

added at §§ 170.090 and 178.330 and are 

discussed in detail at those sections of 

this preamble. 

A new section, 171.045, would 

require each passenger vessel to which 

subchapter S intact stability 

requirements now apply to use the latest 

assumed average weight per person 

appropriate for the intended service. 

This requirement would apply 

immediately on the effective date of this 

rule, although stability verification 

would not be required until ten years 

after the most recent stability 

information was issued, as discussed 

under ‘‘Vessel Stability’’ above. 

A new section, 178.215, would be 

added for vessels whose stability letter 

is based on the results of an SST or 

PSST. This section would require the 

owner or operator to provide the master 

with the total test weight, the latest 

assumed average weight per person, and 

the maximum number of persons 

permitted on board based on that 

weight. 

C. Notes on Pontoon Vessels 

The passenger capacity of pontoon 

vessels may not be affected if a process 

is followed on every voyage to ensure 

that the total weight of persons carried 

does not exceed the total test weight 

that was used to determine stability 

compliance. One example of such a 

process would be to weigh all the 

passengers as they board the vessel. The 

passenger capacity will be affected if 

such a process is not followed and the 

passenger weight used on the vessel’s 

SST was based on either 140 or 160 

pounds per person. If an SST was 

performed on the vessel using the 

procedures contained in the Small 

Passenger Vessels Simplified Stability 

Test Procedure for Pontoon Vessels on 

Protected Waters, the results of that test, 

if valid, may be used to determine the 

new capacity based on an assumed 

average weight that is appropriate for 

the intended service. In many cases, 

however, a new SST will need to be 

performed on pontoon passenger 

vessels. We propose adding the 

requirement in § 178.210(d) that a vessel 

that undergoes a PSST in accordance 

with § 178.340 must have a stability 

letter issued by the Marine Safety 

Center. 

D. SOLAS and Resolution A.265 

Sections 170.248 and 171.001 would 

be revised by adding requirements 

concerning new vessels, which will 

become effective when certain 

amendments to the International 

Convention for the Safety of Life at Sea 

(SOLAS) come into effect on January 1, 

2009. Each new vessel issued a SOLAS 

Passenger Ship Safety Certificate (PSSC) 

or a SOLAS Cargo Ship Safety 

Construction Certificate would have to 

meet the requirements of SOLAS 

chapter II–1, in addition to meeting the 

requirements concerning watertight 

bulkhead doors in subpart H of part 170, 

and subdivision and damage stability 

requirements. For more information on 

these revisions, see the discussion of 

§ 170.015 in this preamble. 

The amendments to SOLAS chapter 

II–1 primarily involve the 

harmonization of subdivision and 

damage stability requirements for 

passenger and cargo vessels. IMO 

Resolution A.265(VIII) (hereafter A.265) 

was promulgated in 1973, and contains 

a probabilistic damage stability method 

that is an alternative set of requirements 

for passenger vessels instead of the 

traditional requirements contained in 

existing SOLAS regulations. This 

optional use of A.265 has been 

incorporated into U.S. regulations as 

‘‘Type III subdivision’’, as an alternative 

to Type I subdivision. However, we are 

not aware of any U.S. flag vessel that 

has used Type III subdivision (A.265). 

Since the SOLAS chapter II–1 

amendments are effectively an update of 

A.265, there is no need to keep A.265 

as an option. Accordingly, we propose 

removing §§ 170.135, 171.075, and 

171.082, which address A.265 and Type 

III subdivision. While not replacing 

A.265, the SOLAS chapter II–1 

amendments would be accepted as an 

equivalent to Type I subdivision. 


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Operating information associated with 

SOLAS chapter II–1 would be added in 

new § 170.140. 

E. Corrections, Clarifications, and 

Updates 

In the course of this rulemaking, we 

identified several regulations that need 

to be updated or corrected, and others 

that could benefit from clarification. 

While each of these proposed rule 

changes will be addressed more fully in 

the ensuing section-by-section 

discussion, a summary list of the 

affected sections—other than those 

discussed in ‘‘SOLAS and Resolution 

A.265’’ above, and ‘‘American Bureau of 

Shipping’’ below—is as follows: Subpart 

71.75 (heading); 71.75–1; 71.75–5; 

115.900; 115.910; 115.920; 115.930; 

170.001; 170.015; 170.070; 170.100; 

170.105; 170.135; 170.160; 170.165; Part 

170, subpart E (heading); 170.170; 

170.248; 170.270; 171.001; Part 171, 

subpart B (heading); 171.050; Part 171, 

subpart C (heading); 171.060; 171.065; 

171.070; 172.020; 172.070; 174.007; 

174.100; 174.360; 176.900; 176.910; 

176.920; 176.930; 178.115; 178.230; 

178.310; 178.320; 178.325; 179.212 and 

179.220. 

F. American Bureau of Shipping 

As one of the updates of regulations 

cited above, we propose removing 

references to the American Bureau of 

Shipping (ABS) from §§ 170.075, 

170.080, 170.085, 170.093, 170.100, 

170.110, 170.120, 170.170, 170.173, 

170.175, 170.180, 170.185, 170.190, and 

170.235. Procedures that the ABS uses 

to perform reviews of certain documents 

on behalf of the Coast Guard are 

contained in Navigation and Vessel 

Inspection Circulars 10–82 and 3–97. 

Title 46 U.S.C. 3316 authorizes the 

Coast Guard to accept plan review, 

inspections, and examinations 

performed by ABS for compliance with 

Coast Guard rules and regulations. 

Delegation to a recognized classification 

society, including ABS, of authority to 

perform certain functions on behalf of 

Coast Guard is addressed in part 8 of 46 

CFR. 

G. Discussion of Proposed Amendments 

by Section 

§ 71.25–50. Existing § 71.25–50 would 

be redesignated as § 71.25–95, and a 

new section on stability verification 

would be added as discussed in detail 

earlier in this preamble under ‘‘Stability 

Verification.’’

§ 71.50–1. The definition of ‘‘drydock 

examination’’ would be clarified to 

include the verification of the draft 

marks. 

Subpart 71.75 (Heading) and §§ 71.75–1 

and 71.75–5 

The heading of this subpart and two 

of its sections would be revised to 

reflect that the SOLAS Passenger Ship 

Safety Certificate (PSSC) is issued under 

SOLAS 1974 provisions, that a vessel 

receiving a PSSC must comply with 

applicable SOLAS requirements, and 

that a vessel does not need to actually 

be engaged in international service but 

be certificated for international service 

to receive a PSSC. 

§ 114.400. A definition of ‘‘variable 

load’’ would be added to this section. 

The term is used in § 115.112 for 

consideration of the number of persons 

and weight permitted on a vessel 

regulated by subchapter K. 

The third subparagraph of the 

definition of ‘‘length’’ would be deleted 

because it refers only to use with the 

requirements of part 179, which are not 

applicable to vessels inspected under 

subchapter K. 

§ 115.110. Existing provisions of 

paragraph (d) of this section list the 

factors OCMIs may consider when 

designating a permitted route. This list 

would be modified by removing a part 

of subparagraph (d)(3) and adding it as 

new subparagraph (d)(4) to explicitly 

call attention to the OCMI’s prerogative 

to consider a vessel’s use in weather 

conditions. This approach would 

emphasize the OCMI’s authority to 

include operational limits on a COI. 

It is not possible to accurately 

enumerate all combinations of safe 

environmental conditions on a given 

passenger vessel’s COI. Instead, the 

Coast Guard has traditionally restricted 

small passenger vessels to operation in 

‘‘reasonable operating conditions.’’

Defining reasonable operating 

conditions involves the judgment of a 

professional mariner having a certain 

degree of experience in the operation of 

a given size and type of vessel, and 

direct knowledge of the conditions to 

which the vessel is subject at any 

particular moment. 

Limiting winds, speeds, and wave 

heights alone, however, cannot 

adequately define a safe operating 

envelope for any vessel. Many other 

conditions involving the vessel, its 

changing environment, and its response 

to that environment, must be constantly 

observed, monitored, interpreted, and 

responded to by the master in order to 

evaluate the advisability of embarking 

on a voyage, or continuing on a voyage 

when conditions progressively 

deteriorate. The master has the 

responsibility to make this 

determination and is bound to do so 

using his or her best skill and judgment. 

This section, then, would emphasize 

the need for due diligence on the part 

of the master with respect to the 

weather, along with the other factors 

stipulated in this section, and would 

avoid unnecessary limits on the 

discretion of masters. 

§ 115.112. This section would be 

revised to explicitly list the total weight 

of passengers, crew, and variable loads 

as factors an OCMI may consider when 

determining the total number of persons 

and total weight a vessel would be 

permitted to carry. 

§ 115.505. This new section on 

stability verification would be added as 

discussed in detail earlier in this 

preamble, under ‘‘Stability 

Verification.’’

§ 115.610. Two sentences would be 

added to paragraph (a) that would add 

the verification of draft marks to the 

actions performed at a drydock 

examination, as well as to ensure that 

the stability information provided 

corresponds to the draft marks. A 

stability letter often includes an 

operating restriction that limits the 

maximum draft amidships. The vessel’s 

draft marks (required by § 122.602), 

however, might refer to a point on the 

vessel that differs from that used in the 

stability letter (for example, the bottom 

of the rudder or propeller). So that the 

master can effectively verify that the 

loaded vessel complies with the 

stability letter’s maximum draft 

restriction, draft or loading marks must 

be provided that allow the master to 

compare the actual vessel draft with the 

maximum draft restriction. If the 

maximum draft restriction in the 

stability letter does not correspond to 

the information obtained from draft 

mark readings, a new stability letter 

with a revised restriction and/or draft 

marks would be needed. 

§§ 115.900, 115.910, 115.920, and 

115.930. These sections would be 

revised to reflect current practice and 

policy: (1) a passenger vessel need not 

actually be on an international voyage to 

be issued a SOLAS Passenger Ship 

Safety Certificate (PSSC) but simply be 

certificated for international service; (2) 

the Commandant no longer issues the 

PSSC or a SOLAS Exemption Certificate 

but authorizes the local OCMI to do so. 

§ 122.304. Forecasted visibility and 

weather conditions would be added as 

factors to which vessel masters should 

give special attention. 

§ 122.315. This section would be 

augmented to emphasize the master’s 

duty to avoid overloading the vessel by 

taking into account the weight of 

passengers, crew, and variable loads. 

If appropriate for the vessel’s 

operation, draft-sensing devices, loading 


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marks, or draft marks would satisfy this 

requirement. Other means might 

include: (1) Weighing passengers and 

crew individually, in groups, or in total; 

or (2) estimating the total weight of each 

passenger and including an appropriate 

margin. 

Of course, if the number of passengers 

permitted by the COI is significantly 

less than the number permitted by the 

stability letter, a simple passenger count 

would be satisfactory. 

§ 122.602. This section would be 

revised to require each vessel that 

complies with subchapter S 

requirements to have loading marks or 

draft marks. A stability letter or the 

stability information on a COI or load 

line certificate normally includes 

freeboard and draft restrictions on 

operation. While most vessels are 

already required to have markings of 

some kind, this section would be 

revised to require each vessel that 

complies with the requirements of 

subchapter S to have loading marks or 

draft marks to permit the master to 

verify compliance with the freeboard 

and draft restrictions. 

Part 170, Subpart E. As one of the 

corrections cited above, this subpart 

heading would be revised from 

‘‘Subpart E—Weather Criteria’’ to 

‘‘Subpart E—Intact Stability Criteria’’ to 

more accurately describe the contents of 

the subpart. 

§ 170.001. Paragraph (a) would be 

revised to clarify that the exception 

provision is intended to apply only to 

a vessel’s contracted date. This 

exception was and is intended to allow 

retroactive application of new damage 

stability standards in § 171.080 and is 

not intended to be applied to vessels 

other than those that are ‘‘inspected’’ or 

that are required to meet a standard 

contained in subchapter S. A new 

subparagraph would also be added to 

paragraph (a) to clarify that certain 

uninspected vessels may need to 

comply with stability standards 

contained in subchapter S because they 

are issued a load line certificate or are 

required to meet a stability standard 

under subpart E of part 28 of this title. 

§ 170.015. In December 2006, the 

International Maritime Organization 

(IMO) adopted Resolution MSC.216(82), 

which is contained in SOLAS chapter 

II–1, to harmonize subdivision and 

damage stability regulations for 

passenger and cargo ships. Accordingly, 

SOLAS chapter II–1 would be added to 

this central incorporation by reference 

section and referenced in §§ 170.140, 

and 170.248. The International Code on 

Intact Stability, 2008 (2008 IS Code), 

which would be referenced in § 170.165, 

would also be added to § 170.015. 

§ 170.055. A definition of 

‘‘constructed’’ similar to that used in 

SOLAS for ‘‘ships constructed’’ would 

be added to this section for clarification. 

A definition of ‘‘passenger fraction’’

would also be added to this section. 

Passenger fraction is the ratio of total 

passenger weight to total displacement. 

This term would be used in revised 

§ 171.050, which addresses intact 

stability requirements for a 

mechanically propelled or a nonselfpropelled vessel. It would also be used 

in proposed § 171.052 concerning 

stability criteria for vessels of unusual 

proportion and form, specifically with 

regard to passenger distribution criteria. 

For some small passenger vessels 

built of light materials, the passenger 

fraction can be as high as 50 percent. 

Such high passenger fractions were not 

envisioned when existing intact stability 

criteria were developed. Therefore, new 

requirements associated with passenger 

fractions greater than 15 percent would 

be included in proposed § 171.052. 

§ 170.070. Paragraph (b) would be 

modified to clarify that subpart C of part 

170 applies to a vessel when the 

subchapter under which it is inspected 

so directs. 

§ 170.090. An erroneous reference to 

§ 170.098 would be removed. 

Additionally, new provisions would be 

added governing the calculation of an 

assumed average weight per person and 

allowances for loads. These provisions 

replace the outdated assumed average 

weights currently contained in 

§ 178.330. 

The Coast Guard concurred with the 

NTSB’s March 7, 2006 recommendation 

(Recommendation M–06–05, available 

in the docket) to require that passenger 

capacity of domestic passenger vessels 

be calculated based on a statistically 

representative average passenger weight 

standard that is periodically updated. 

This section of the proposed rule sets 

forth the formula used to calculate the 

average weight per person published in 

the Federal Register on April 26, 2006, 

which resulted in a figure of 185 

pounds. The formula relies on the most 

recent mean body weight data available 

from the National Health and Nutrition 

Examination Survey (NHANES), which 

is expected to be released periodically 

by the National Center of Health 

Statistics (NCHS), Centers for Disease 

Control and Prevention (CDC). As the 

U.S. population weight data is updated 

periodically by the CDC, the formula 

proposed in this rule would compute 

the latest, statistically representative, 

assumed average weight per person 

which will be used to evaluate the 

stability of passenger vessels. 

This notice and comment rulemaking 

provides the public the opportunity to 

comment on the formula and 

calculation methodology the Coast 

Guard proposes to use to determine the 

assumed average weight per person, as 

well as subsequent adjustments to the 

average weight per person using the 

same formula. 

When the CDC/NHANES releases an 

update regarding the average weight of 

adults in the United States, the Coast 

Guard, without further rulemaking, 

would publish a notice in the Federal 

Register of the availability of that data 

and the associated calculation of the 

average weight per person, according to 

the proposed formula. Vessel owner/ 

operators and masters of passenger 

vessels would be expected to take this 

new weight into consideration 60 days 

after the notice would be published, and 

load their vessels accordingly. 

The CDC NHANES program is a 

widely accepted and authoritative 

source for weight data on the U.S. 

population. The 2004 CDC NHANES 

report on surveys conducted in the 

United States between 1960 and 2002 

stated that ‘‘on average, both men and 

women gained more than 24 pounds 

between the 1960s and 2002.’’

According to this report, the mean 

weight of children of all ages also 

increased substantially between 1963 

and 2002. Teenage boys and girls aged 

12–17 increased 15 and 12 pounds, 

respectively, to mean weights of 141 

and 130 pounds, respectively, between 

the 1960s and 2002. (See CDC Advance 

Data, Number 347, dated October 27, 

2004, available at: http://www.cdc.gov/ 

nchs/products/pubs/pubd/ad/ad.htm.) 

For a 50/50 male/female mix and for 

adults between 20 and 74 years old, an 

average weight of 177.7 pounds without 

clothing was calculated from the data 

released in the NHANES report. An 

average weight of approximately 185 

pounds is obtained when the most 

current CDC average weight of 177.7 

pounds is added to the Federal Aviation 

Administration (FAA) average clothing 

weight of 7.5 pounds. (See FAA 

Advisory Circular (AC) 120–27E, 

Aircraft Weight and Balance Control, 

dated June 10, 2005, paragraph 201 

(superseding FAA AC 120–27D), 

available in the docket). Approximately 

the same weight is obtained when the 

CDC average adult weight gain of 24 

pounds is added to the 160-pound 

average established in the 1960s. 

The accuracy of this result is further 

confirmed by the weights recommended 

by government authorities in Canada 

and New Zealand. A 2003 New Zealand 

Civil Aviation Authority survey of 

passenger weights reported an average 


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Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 49255 

weight without carry-on bags or 

personal effects of 176.8 pounds. 

Transport Canada, Canada’s Federal 

transportation agency, recommends 

assuming an average weight of 182.5 

pounds per person in summer and 188.5 

pounds in winter for small aircraft. 

Transport Canada’s weights included an 

allowance for clothing, but not luggage. 

(These documents are available in the 

docket.) 

The Coast Guard also considered a 

report by the Coast Guard Passenger 

Weight Working Group. The report, 

dated May 19, 2005, available in the 

docket (and mentioned earlier in this 

preamble under ‘‘Background and 

Purpose’’), used an average passenger 

weight of 190 pounds to assess the 

potential impacts of regulatory changes. 

This average passenger weight was 

based on the FAA’s use in their 

Advisory Circular AC 120–27D of an 

average winter passenger weight of 189 

pounds, not including carry-on bags. It 

was noted in the report to be 

conservative. The current FAA Advisory 

Circular, AC 120–27E, also uses an 

average winter passenger weight of 189 

pounds without carry-on bags, and 

includes allowances of 10 pounds each 

for clothing and personal items. (See AC 

120–27E, paragraphs 201 and 205, and 

Tables 2–1 and 2–2.) 

The FAA arrived at the standard 

average passenger weights used in AC 

120–27E after performing certain 

mathematical calculations using the 

CDC’s NHANES data, rather than 

relying on the average weights 

published by the CDC in Advance Data 

Number 347. (See AC 120–27E, 

Appendix 2). However, to achieve safe 

vessel stability standards without 

restricting passenger vessel operators 

unnecessarily, the most accurate weight 

data available must be subjected to 

sound naval architecture analysis, rather 

than simply mimicking the product of 

calculations unrelated to vessel 

stability. Reliance on CDC data to 

update pertinent vessel stability 

regulations now and in the future 

satisfies the need for accurate weight 

information. 

Additional Considerations of the 

Assumed Average Weight per Person for 

Vessels on Protected Waters 

The current Coast Guard regulation 

associated with the performance of a 

simplified stability test (SST) permits 

the weight of one person to be 

considered as 63.5 kilograms (140 

pounds) if the vessel operates 

exclusively on protected waters and the 

passenger load consists of men, women, 

and children (46 CFR 178.330(a)(4)(ii)). 

Experience has shown that many vessels 

whose stability is based on this 

passenger weight standard do operate 

with such a mix of passengers. Many of 

these vessels, however, occasionally 

carry a passenger load consisting 

predominantly of adults, and some 

vessels do so most of the time. 

We propose removing the weight 

standard currently used in § 178.330 

and, instead, adding provisions to 

§ 170.090 that would utilize data from 

the most recent NHANES survey to 

arrive at a more accurate average weight 

per person. However, the proposed rule 

would be unnecessarily inflexible if it 

did not consider vessels that normally 

operate with a mix of men, women, and 

children on protected waters. To 

address cases where the owners of such 

vessels can effectively manage vessel 

stability to ensure that their vessels are 

not overloaded, the proposed rule 

permits the OCMI to agree, in writing, 

to the use of other values. For example, 

excursion vessels whose businesses 

cater to families or child-oriented 

themes may be able to show that they 

will carry a high percentage of children, 

who weigh far less than the assumed 

average weight per person of adults. 

As discussed above, fundamental 

differences between the marine and 

aviation fleets make a broad and 

uncritical adoption of FAA passenger 

weight analysis unrealistic. With the 

OCMI’s written agreement, however, if 

feasible and appropriate for their 

service, some vessels may be able to 

utilize FAA methods to determine the 

weight of passengers and bags. Those 

methods are described in FAA AC 120–

27E. 

Another possible solution would 

allow the vessel operator to manage 

stability by weighing each passenger or 

all passengers together prior to 

embarkation; or asking each passenger 

his or her weight, adding an appropriate 

margin for clothing or understated 

weight, and verifying that the passenger 

weight tally does not exceed the total 

permitted passenger weight. 

§ 170.105. This section would be 

revised to reflect the correct application 

of subchapter T vessels. 

§ 170.135. We propose removing this 

section concerning Type III subdivision 

in its entirety. See the discussion earlier 

in this preamble under ‘‘SOLAS and 

Resolution A.265.’’

§ 170.140. See the discussion of 

§ 170.015 in this preamble. 

§ 170.160. To correct the erroneous 

reference to § 178.330, paragraph (c)(3) 

would be revised to indicate that 

performance of any of the simplified 

stability tests described in part 178 

would be an acceptable alternative to 

the demonstration of compliance with 

the standards of subpart E. Paragraph (d) 

would be added so that vessels 

complying with applicable provisions of 

the International Code on Intact 

Stability, 2008 (2008 IS Code), 

enunciated in new § 170.165, would be 

considered equivalent to complying 

with the requirements of §§ 170.170 and 

170.173. 

§ 170.165. This section would be 

added to implement the Introduction 

and Part A of the 2008 IS Code for 

vessels certificated for international 

service. Paragraph (a) of this section 

would codify the requirements that are 

expected to be adopted as amendments 

to both the 1988 Load Line Protocol and 

SOLAS for vessels to which either of 

these IMO agreements apply. 

Paragraph (b) would make compliance 

with the 2008 IS Code an alternative for 

vessels to which paragraph (a) does not 

apply. 

§ 170.170. This section would be 

revised to correct a deficiency in the 

current regulations. Section 170.170 

contains what are commonly referred to 

as ‘‘wind heel’’ requirements for intact 

stability. The formulation for a 

minimum required metacentric height 

(GM) currently contained in this section 

facilitated easy evaluation and 

verification that the vessel does not 

exceed the limiting angle of 14 degrees, 

or one-half the freeboard to the deck 

edge, without the more involved process 

of calculating righting and heeling arm 

curves to determine the heel angle. 

While this formulation reflects a 

common simplification that was and is 

appropriate for conventional ships—and 

is simple to compute—there exist some 

unusual combinations of beam, 

freeboard, wind profile area, and 

metacentric height for which the 

existing equation is not appropriate. 

For example, calculations submitted 

to the Marine Safety Center (MSC) for a 

vessel with low freeboard and a high 

wind profile area a few years ago 

showed compliance with the minimum 

metacentric height requirement, but the 

MSC’s verifying calculations showed 

the vessel would capsize when the 

required wind heeling moment was 

applied. The reason for this discrepancy 

was that the angle of deck edge 

submergence was less than 5 degrees, 

which caused the maximum righting 

arm to occur at such a low angle that the 

required righting moment to maintain 

equilibrium could not be obtained. 

The proposed change would correct 

this deficiency by requiring the 

calculation of righting arm curves. This 

change would implement the intent of 

this regulation, which is to restrict the 

angle of heel caused by wind pressure 

that varies according to stability route. 


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§ 170.248. Paragraph (a) of this section 

would be revised and a new paragraph 

would be added to invoke SOLAS 

watertight bulkhead door requirements 

on vessels issued a SOLAS safety 

certificate in addition to the specific 

requirements already contained in part 

170. 

§ 170.270. This section would be 

revised to update the ASTM standards 

incorporated by reference. 

Part 171 (subpart headings). Subparts 

B and C would be re-titled ‘‘Intact 

stability’’ and ‘‘Subdivision and damage 

stability’’, respectively, to more 

accurately describe the contents of those 

subparts. 

§ 171.001. This section would be 

modified to require a passenger vessel 

certificated for international service and 

constructed on or after January 1, 2009, 

to comply with the newly revised 

regulations of SOLAS chapter II–1. For 

the purposes of this section, those 

SOLAS requirements are equivalent to 

the requirements of part 171 when 

applied to such vessels. This section 

would also be modified to reflect the 

current application of part 171 to certain 

vessels inspected under subchapter T. 

§ 171.012. This new section would be 

added to incorporate by reference into 

part 171 SOLAS chapter II–1 and the 

2008 IS Code. SOLAS chapter II–1 

would be referenced in § 171.001 and 

the 2008 IS Code in § 171.050. 

§ 171.045. See the discussion of this 

section under ‘‘Weight of Passengers 

and Crew’’ earlier in this preamble. 

§ 171.050. The heading of this section 

would be revised to more accurately 

describe the contents of the section as 

relating specifically to passenger heel. 

The revised section would also establish 

the minimum standard for intact 

stability of a mechanically propelled or 

nonself-propelled vessel as an angle of 

heel not greater than 14 degrees, or the 

angle of heel at which the deck edge is 

first submerged, whichever is less. 

Angle of heel is more accurate than the 

current standard, which relies upon a 

simplified calculation of metacentric 

height. Moreover, the current standard 

was intended to approximate angle of 

heel, and was adopted because angle of 

heel calculations were considered in the 

past to be too onerous for purposes of 

this regulation. With current computing 

capabilities, however, use of the more 

accurate standard would be appropriate. 

Additionally, paragraph (c) would be 

added so that compliance with the 

requirements in the 2008 IS Code for 

passenger ships would be considered 

equivalent to complying with the 

provisions of paragraph (a) governing 

passenger heeling. 

§ 171.052. Technological 

improvements in vessel design and 

construction have resulted in some 

vessels that weigh significantly less than 

their more conventional predecessors. 

Intact stability criteria for passenger 

vessels did not consider vessels of light 

construction, for which the total weight 

of passengers and their effects could 

constitute 50 percent or more of the 

total displacement weight. Studies of 

passenger distribution have been 

performed that show that the standard 

currently contained in § 170.173 does 

not provide a margin of safety for 

vessels of light construction to the same 

degree as for those vessels for which the 

standard was developed. 

Accordingly, this new section would 

be added to specify stability 

requirements for vessels of unusual 

proportion and form in order to 

withstand certain operating conditions, 

and also to take into account variations 

in passenger loading. The addition of 

passenger distribution criteria will bring 

the stability analysis of domestic vessels 

in line with the methodology employed 

by the 2008 IS Code, and account for a 

wide variety of hull forms not 

envisioned by the current regulations. 

See the discussion of ‘‘passenger 

fraction’’ at § 170.055. 

§ 171.060. We propose removing the 

text concerning Type III subdivision. 

See the discussion earlier in this 

preamble under ‘‘SOLAS and 

Resolution A.265.’’

§ 171.065. The second equation in this 

section is erroneous, and would be 

corrected. When subchapter S 

regulations were originally published in 

1983, the equation was correct; 

however, a printing error—changing the 

term P1 to P—was introduced in 

subsequent editions of the CFR. We 

propose taking this opportunity to 

correct the error. 

§ 171.070. The current regulation is 

silent concerning the minimum spacing 

of watertight bulkheads for vessels less 

than 143 feet in length that make 

international voyages. These vessels are 

normally required to meet SOLAS 

requirements for such spacing, which 

are the same as for vessels that are 143 

feet or more in length. We propose 

taking this opportunity to correct this 

omission. 

§ 171.075. We propose removing this 

section concerning Type III subdivision 

in its entirety. See the discussion earlier 

in this preamble under ‘‘SOLAS and 

Resolution A.265.’’

§ 171.080. This section, which 

specifies damage stability standards for 

vessels with Type I or Type II 

subdivision, would be revised by 

removing ‘‘75 kilograms’’ as an assumed 

average passenger weight, and referring 

to § 170.090 instead, which uses the 

most current NHANES data. 

§ 171.082. We propose removing this 

section—regarding Type III 

subdivision—in its entirety. See the 

discussion earlier in this preamble 

under ‘‘SOLAS and Resolution A.265.’’

§ 172.020. This section would be 

revised to include MARPOL 73/78 as a 

standard to be incorporated by 

reference. 

§ 172.070. This section would be 

revised to clarify the date after which 

vessels must comply with the intact 

stability requirements of the 

International Convention for the 

Prevention of Pollution from Ships, 

1973, (as amended by the Protocol of 

1978 (MARPOL 73/78) Annex I). The 

revised section would also reflect the 

renumbering of regulations that 

occurred in MARPOL 73/78. 

§ 174.007. This new section would be 

added to incorporate by reference 

SOLAS chapter II–1. SOLAS chapter II–

1 would be referenced in § 174.360 for 

the reasons discussed below. 

§ 174.100. This section would be 

revised to update the ASTM standards 

incorporated by reference. 

§ 174.360. We are taking the 

opportunity to update this section, as 

cited above. The amendments to SOLAS 

chapter II–1 discussed earlier in this 

preamble under ‘‘SOLAS and 

Resolution A.265’’ also apply to dry 

cargo ships constructed on or after 

January 1, 2009. Since § 174.360 applies 

to dry cargo ships built before this date 

as well, we propose updating this 

section to properly address the 

requirements that are applicable to dry 

cargo ships constructed both before and 

after January 1, 2009. See the discussion 

at § 170.015 earlier in this preamble. 

§ 175.400. Definitions of ‘‘variable 

load’’ and ‘‘total test weight’’ would be 

added to this section. Both terms are 

used in § 176.112 for consideration of 

the number of persons and weight 

permitted on a vessel inspected under 

subchapter T, and in the simplified 

stability proof test set out in § 178.330. 

§ 176.110. As discussed in § 115.110 

of this preamble, this section lists the 

factors OCMIs may consider when 

designating a permitted route. 

§ 176.112. This section would be 

revised to explicitly list the total weight 

of passengers, crew, and variable loads 

as factors an OCMI may consider when 

determining the total number of persons 

and total weight a vessel would be 

permitted to carry. 

§ 176.505. This new section on 

stability verification would be added as 

discussed in detail earlier in this 

preamble under ‘‘Stability Verification.’’


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§ 176.610. Two sentences would be 

added to paragraph (a) that would add 

the verification of draft marks to the 

actions performed at a drydock 

examination, as well as make sure that 

the stability information provided 

corresponds to the draft marks 

provided. See the discussion of 

§ 115.610 earlier in this preamble. 

§ 176.900, 176.910, 176.920, and 

176.930. See the discussion of 

§§ 115.900, 115.910, 115.920, and 

115.930 in this preamble, where we 

discuss proposed revisions to reflect 

current practice and policy regarding 

SOLAS certificates. 

§ 178.115. This section would be 

modified to allow application of subpart 

B to existing vessels. 

§ 178.210. Paragraphs (a), (b) and (c) 

of this section would be revised to 

clarify what stability information is 

necessary for a vessel to meet intact 

stability standards, and a new paragraph 

(d) would add the requirement for an 

MSC-issued stability letter, as discussed 

in ‘‘Notes on Pontoon Vessels’’ above. 

§ 178.215. See the discussion earlier 

in this preamble under ‘‘Weight of 

Passengers and Crew.’’

§ 178.230. Paragraph (b) of this 

section would be revised, and a new 

paragraph (c) added, to expand the 

information required of vessels showing 

compliance with subchapter S, 

including information required in part 

170 of that subchapter. 

§ 178.310. This section would be 

revised to clarify the intact stability 

requirements for vessels subject to 

subchapter S, as well as those that can 

use subchapter T requirements. In 

addition, we would add the option of 

another requirement as stipulated by the 

Commanding Officer, Marine Safety 

Center. Finally, the existing option to 

use an SST for vessels carrying not more 

than 150 passengers would be removed, 

as the general applicability of 

subchapter T (see 46 CFR 175.100) 

already excludes vessels carrying more 

than 150 passengers. A figure would be 

added to assist users in understanding 

these requirements. 

§ 178.320. We propose clarifying in 

this section that subchapter S stability 

requirements, or requirements 

determined by the Commanding Officer, 

Marine Safety Center, apply to all 

inspected passenger vessels that are not 

explicitly described and excepted in 

§ 178.320. For vessels that are described 

in this section, the performance of a 

simplified stability test is an option. 

However, for vessels carrying 49 

passengers or fewer, the cognizant 

OCMI has the authority to require 

compliance with subchapter S 

standards, or to apply another standard 

in lieu of the simplified stability test. 

Specifically, we propose revising 

redesignated paragraph (b) to clarify that 

a vessel whose stability cannot be 

adequately assessed by other means 

must be shown by design calculations to 

meet the applicable intact stability 

requirements of subchapter S. 

For readability, we propose moving 

the explanation of the simplified 

stability test to the beginning of the 

section rather than the end. For 

consistency, we propose moving from 

§ 178.325 the list of restrictions for a 

monohull sailing vessel undergoing a 

simplified stability test to this section. 

Further, we propose adding the option 

of an SST for certain flush-deck nonsailing catamarans. 

We also propose adding to § 178.320 

restrictions on the application of a 

pontoon simplified stability proof test 

(PSST). These proposed restrictions on 

the application of the PSST are based in 

part on a study of twin hull pontoon 

passenger vessels, entitled Study on the 

U.S. Domestic Intact Stability and 

Subdivision Requirements for Twin Hull 

Pontoon Passenger Boats Less Than 65 

Feet in Length, which is available in the 

docket as indicated in the ADDRESSES

section. A table would be added to 

clarify applicability requirements. 

§ 178.325. For consistency, we 

propose revising this section to move 

the list of restrictions for a monohull 

sailing vessel undergoing an SST to 

§ 178.320. In addition, we would clarify 

that the performance of a simplified 

stability proof test is optional, as 

provided in § 178.320. 

§ 178.330. New provisions would be 

added governing the assumed average 

weight per person to be used as well as 

allowances for loads on small passenger 

vessels. The latest assumed average 

weight per person would replace the 

outdated assumed average weights 

previously contained in § 178.330, and 

would refer to § 170.090, which would 

be based on the latest weight data 

available from the National Center for 

Health Statistics’ National Health and 

Nutrition Examination Survey 

(NHANES). For further information on 

the basis for these revisions, see the 

discussion of § 170.090 in this 

preamble. 

§ 178.340. This section would be 

revised to codify existing policy on 

pontoon vessel intact stability, clarify 

those requirements, and improve 

consistency of application. These 

revisions include a requirement that 

when a PSST is performed, each fuel, 

water, and sewage tank be full, and that 

the simulated load of passengers, crew, 

and other loads be distributed to 

provide normal operating trim. 

Additionally, procedural changes to 

improve the accuracy of the test would 

be made based on recent detailed 

analyses of multihull stability 

characteristics that were not previously 

available. The organization of the 

revised section would align with that of 

§ 178.330, which concerns the SST 

generally for monohull vessels. 

§ 179.15. This new section would be 

added to incorporate by reference 

SOLAS chapter II–1. SOLAS chapter II–

1 would be referenced in § 179.212 for 

the reasons discussed below. 

§ 179.212. This section has been 

revised to clarify that the ‘‘simplified’’

subdivision requirements of part 179 

can only be used in conjunction with 

the ‘‘simplified’’ intact stability 

requirements of part 178, and vice versa. 

A new paragraph would also be added 

to this section to require a passenger 

vessel constructed on or after January 1, 

2009, intended to make international 

voyages, and issued a SOLAS PSSC, to 

meet applicable requirements of SOLAS 

chapter II–1 instead of the subdivision 

and damage stability requirements of 

this section. For the purposes of this 

section, those SOLAS requirements are 

equivalent to the requirements of this 

part when applied to such vessels. For 

additional information, please see the 

discussion in § 171.001 of this 

preamble. 

§ 179.220. To enhance reliability and 

consistency, we propose adding a 

paragraph requiring that the 

calculations specified by this section be 

submitted to the Marine Safety Center 

for review and approval. In addition, we 

are taking this opportunity to correct the 

use of confusing, repeated symbols in 

paragraph (a). 

§ 185.304. Forecasted visibility and 

weather conditions would be added as 

factors to which vessel masters should 

give special attention. A new paragraph 

would also be added requiring masters 

of vessels not greater than 65 feet in 

length to have means available to 

monitor marine broadcasts. 

§ 185.315. A new paragraph would be 

added to this section to emphasize the 

master’s duty to avoid overloading the 

vessel by taking into account the weight 

of passengers, crew, and variable loads. 

Please see the detailed discussion in 

§ 122.315 of this preamble regarding 

satisfactory means by which the master 

may accomplish this. 

§ 185.602. This section would be 

revised to require each vessel that 

complies with subchapter S 

requirements to have loading marks or 

draft marks. A stability letter or stability 

information placed on a COI or load line 

certificate normally includes freeboard 

and draft restrictions on operation. 


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While a very high proportion of vessels 

already have marks, every vessel whose 

stability approval was issued in 

accordance with subchapter S should 

have loading or draft marks to permit 

the master to verify compliance with the 

freeboard and draft restrictions. See the 

discussion of § 115.602 earlier in this 

preamble. 

VI. Incorporation by Reference 

Material proposed for incorporation 

by reference appears in §§ 170.015, 

171.012, 172.020, 174.007 and 179.15. 

You may inspect this material at U.S. 

Coast Guard Headquarters where 

indicated under ADDRESSES. Copies of 

the material are available from the 

sources listed in §§ 170.015, 171.012, 

172.020, 174.007 and 179.15. 

Before publishing a binding rule, we 

will submit this material to the Director 

of the Federal Register for approval of 

the incorporations by reference. 

VII. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we have summarized our 

analysis based on 13 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget (OMB) has not reviewed it under 

that Order. Nevertheless, we have 

prepared a Preliminary Regulatory 

Analysis of potential costs and benefits 

which is available in the docket where 

indicated under the ADDRESSES section 

of this preamble. A summary of the 

analysis follows: 

The Coast Guard proposes to amend 

its regulations governing stability 

requirements and the maximum number 

of passengers that may safely be 

permitted on board a vessel inspected 

and certificated under 46 CFR 

subchapters H, K or T. To calculate 

vessel stability and the maximum 

number of persons allowed on board, 

Coast Guard regulations currently use 

an average weight per person of either 

160 or 140 pounds, depending on vessel 

route and mix of passengers. These 

figures were set in the 1960s. In 2004, 

however, the Centers for Disease Control 

and Prevention (CDC) released findings 

that the average mean body weight for 

men and women had increased by 24 

pounds since the 1960s. Therefore, this 

notice of proposed rulemaking (NPRM) 

is intended to update the average weight 

per person used in both intact stability 

and subdivision and damage stability 

compliance for vessels, and also in 

calculating the maximum number of 

passengers permitted on board. 

Based on Coast Guard data, we 

estimate this proposed rule would affect 

6,073 inspected passenger vessels. 

These vessels would all be required to 

have updated stability letters. Of these 

vessels, 1,140 would require both a new 

stability test and a reduction in 

maximum passenger load to obtain an 

updated stability letter. Additionally, 

3,542 vessels would require either a 

new stability test or a stability 

recertification, but would not need to 

reduce maximum passenger load. 

Finally, 1,391 vessels would require no 

additional stability test or recertification 

and no reduction in passenger load in 

order to receive an updated stability 

letter. 

We estimate the non-discounted firstyear and recurring costs to be about $10 

million and $2.5 million, respectively. 

We estimate the discounted ten-year 

cost of this rulemaking to be $24.6 

million at a seven percent discount rate 

and $28.7 million at a three percent 

discount rate. The annualized costs over 

the ten-year period are $3.5 million at 

a seven percent discount rate and $3.36 

million at a three percent discount rate. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

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. 

An Initial Regulatory Flexibility 

Analysis (IRFA) that examines the 

impacts of the rule on small entities is 

discussed below. Under section 603 of 

the Regulatory Flexibility Act, an IRFA 

must describe the impact of the 

proposed rule on small entities and 

contain the following: 

1. A description of the reasons why 

action by the agency is being 

considered; 

2. A succinct statement of the 

objectives of, and legal basis for, the 

proposed rule; 

3. A description of and, where 

feasible, an estimate of the number of 

small entities to which the proposed 

rule will apply; 

4. A description of the projected 

reporting, recordkeeping and other 

compliance requirements of the 

proposed rule, including an estimate of 

the classes of small entities which will 

be subject to the requirement and the 

type of professional skills necessary for 

preparation of the report or record; 

5. An identification, to the extent 

practicable, of all relevant Federal rules 

which may duplicate, overlap or 

conflict with the proposed rule; and, 

6. A description of any significant 

alternatives to the proposed rule which 

accomplish the stated objectives of 

applicable statutes and which minimize 

any significant economic impact of the 

proposed rule on small entities. 

We have discussed many of these 

issues at length in other sections of the 

NPRM. We refer the reader to the 

applicable sections of the NPRM for 

more detail. We have prepared an IRFA 

of the potential impacts of the proposed 

rule on small entities which is available 

in the docket where indicated under the 

ADDRESSES section of this preamble. A 

summary of the IRFA follows: 

Number of Small Entities Affected 

Entities that would be affected by the 

proposed rule are owners and operators 

of U.S.-inspected, U.S. flag passenger 

vessels. To determine which of the 

affected entities are small, we used 

public and proprietary databases to 

determine employee size and annual 

revenues of the entities and the North 

American Industry Classification 

System (NAICS) codes to classify the 

entities. We then applied the United 

States Small Business Administration 

(SBA) criteria for classifying small 

businesses to the associated NAICS code 

for a particular entity, and were able to 

determine whether the entity would be 

classified as small. 

Of the affected population of 

approximately 6,073 vessels (owned by 

5,760 U.S. entities) that would comply 

with this proposed rule, we took a 

sample of 156 small companies from the 

total population of companies that 

potentially own or operate these vessels. 

We researched approximately 900 

companies in order to obtain the 156 

small businesses that were required to 

meet our confidence level. We excluded 

companies that did not have the 

requisite data to allow us to make a 

determination on whether a company 

was small. 

Types of Entities Affected 

We classified small businesses by the 

NAICS code for those businesses that 

had known company information, and 

determined whether a business was 

small by using the SBA size standards 

matched to the NAICS codes. We 

analyzed businesses with 26 different 


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NAICS codes and found that about 75 

percent of passenger vessels were 

owned by companies who operate 

recreational and sightseeing businesses. 

Of the small businesses that we 

analyzed, 38 percent are classified as 

‘‘scenic and sightseeing transportation’’

companies. ‘‘Recreation and 

amusement’’ companies represent about 

11 percent of the companies. ‘‘Travel 

agencies’’ and ‘‘tour operators’’

represent 11 percent. The remaining 25 

percent of the small businesses that we 

analyzed are comprised of 21 different 

NAICS codes. The largest percent of the 

remaining 25 percent were ‘‘inland 

water transportation’’ and ‘‘boat 

dealers.’’

To estimate the impact on small 

businesses, we identified the vessels 

operated by each company. These 

vessels were assessed by naval 

architects as to the likely impact of an 

updated average weight per person on 

their stability calculations. We then 

categorized the vessels into cost 

categories similar to those in Table 1 

which are further detailed in the 

Preliminary Regulatory Analysis and the 

Initial Regulatory Flexibility Analysis 

(available in the docket). 

IMPACT OF UPDATED PASSENGER WEIGHT STANDARD ON SMALL BUSINESSES BY CATEGORY

Category Description of impact No. of 

vessels 

Passenger 

reduction 

1 .......................................... Vessels that would incur a reduction in passenger capacity, based on new stability 

tests or calculations, or based on existing stability test data, and would incur recertification costs for intact and subdivision and damage stability.

34 315 

2 & 3 ................................... Vessels that would not incur a reduction in passenger capacity, but would have restrictions on the number of passengers on higher decks based on new or existing 

stability test data or calculations, and would incur recertification costs, and vessels 

that would not incur a reduction in passenger capacity, but would require new stability information to be issued based on new or existing stability tests or calculations, and would incur recertification costs.

91 0 

4 .......................................... Vessels that would not incur a reduction in passenger capacity, based on metrics 

that show that the effect of increased assumed passenger weight would be sufficiently small that no recertification action would be necessary.

31 0 

Totals ........................... ......................................................................................................................................... 156 315 

We estimated the cost impact on 

annual revenue for each entity by 

category of vessel cost. The analysis 

shows that 81 percent of affected small 

entities would have an impact of less 

than one percent of estimated revenue 

and 19 percent of affected small entities 

would have an impact of one to two 

percent of revenue. 

At this time, the Coast Guard is 

seeking comments on whether this 

proposed rule would have a significant 

economic impact on a substantial 

number of small entities. If you think 

that your business, organization, or 

governmental jurisdiction qualifies as a 

small entity and that this rule would 

have a significant economic impact on 

it, please submit a comment to the 

Docket Management Facility at the 

address under ADDRESSES. In your 

comment, explain why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Other Federal Rules 

The requirements in this proposed 

rule do not overlap with provisions of 

any other agency. 

Regulatory Alternatives 

The goal of this NPRM is to establish 

the appropriate measures when 

conducting stability tests. The no-action 

alternative is to ignore the increase in 

weight of the average American and to 

calculate stability with inaccurate data. 

A possible alternative is to allow the 

OCMI to deal with each individual 

vessel on a case-by-case basis without 

any national standard. The likely result 

would be a non-uniform weight 

standard, with vessels that change 

location failing to meet local 

requirements. 

We address the projected reporting 

and recordkeeping requirements as well 

as the type and professional skills 

necessary for the preparation of reports 

and records in the cost analysis and 

Paperwork Reduction Act sections of 

this report. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please consult Mr. William 

Peters, U.S. Coast Guard, Office of 

Design Engineering Standards, Naval 

Architecture Division (CG–5212), 

telephone 202–372–1371. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888-REG–FAIR (1–888–734–3247). 

D. Collection of Information 

This proposed rule would call for a 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). As defined in 5 CFR 

1320.3(c), a ‘‘collection of information’’

comprises reporting, recordkeeping, 

monitoring, posting, labeling, and other, 

similar actions. The title and 

description of the information 

collections, a description of those who 

must collect the information, and an 

estimate of the total annual burden 

follow. The estimate covers the time for 

reviewing instructions, searching 

existing sources of data, gathering and 

maintaining the data needed, and 

completing and reviewing the 

collection. 

This proposed rule would call for 

revisions of two collections of 

information under the Paperwork 


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49260 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 46 CFR 78.121, 115.306, 170.120, 

and 176.306 require the collection of 

information. The updated average 

weight per person would require 

revisions of the existing OMB-approved 

collections of information. 

OMB Control Number: 1625–0064. 

Title: Plan Approval and Records for 

Subdivision and Stability Regulations—

Title 46 CFR Subchapter S. 

Summary of the Collection of 

Information: This collection of 

information requires owners, operators, 

or masters of certain inspected vessels 

to obtain and/or post various documents 

as part of the Coast Guard commercial 

vessel safety program. The collection 

also requires the reporting of certain 

information. 

Need for Information: The Coast 

Guard needs this information to 

determine whether an entity meets the 

statutory requirements. 

Proposed Use of Information: The 

Coast Guard would use this information 

to determine whether an entity meets 

the statutory requirements. 

Description of the Respondents: 

Owners, operators, and/or masters of 

passenger vessels. 

Burden of Response: The burden of 

this proposed rule for this collection of 

information is the provision of 

documentation of stability analysis and 

posting of a stability letter. This 

collection of information applies to all 

vessels that comply with subchapter S. 

This includes vessels inspected under 

46 CFR subchapter H or K and some 

vessels inspected under subchapter T. 

We estimate 1,874 vessels comply with 

subchapter S. During this period, we 

estimate the total number of 

respondents is 1,388. 

Estimate of Total Annual Burden: The 

existing OMB-approved total annual 

burden is 4,539 hours. The revision 

includes a one-time annual burden that 

would be approximately 5,791 hours. 

The total annual burden is estimated to 

be 10,330. 

OMB Control Number: 1625–0057. 

Title: Small Passenger Vessels—Title 

46 Subchapters K and T. 

Summary of the Collection of 

Information: This collection of 

information requires information 

necessary for the proper administration 

and enforcement of the program on 

safety of commercial vessels as it affects 

small passenger vessels. 

Need for Information: The Coast 

Guard needs this information to 

determine whether an entity meets the 

statutory requirements. 

Proposed Use of Information: The 

Coast Guard would use this information 

to determine whether an entity meets 

the statutory requirements. 

Description of Respondents: Owners, 

operators, and/or masters of small 

passenger vessels. 

Burden of Response: The burden of 

this proposed rule for this collection of 

information is the posting of a stability 

letter, as required by 46 CFR 115.306 

(subchapter K) or 46 CFR 176.306 

(subchapter T). Of the 5,487 

respondents, there are 3,669 vessels 

inspected under 46 CFR subchapters K 

or T that would need to post a new 

stability letter. 

Estimate of Total Annual Burden: The 

existing OMB-approved annual burden, 

related to the posting of a stability letter, 

is 11 hours. The revision includes a onetime increase in the annual burden of 

approximately 305 hours to post the 

new stability letter. 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), we will submit a copy of this 

proposed rule to the Office of 

Management and Budget (OMB) for its 

review of the collection of information. 

We ask for public comment on the 

proposed collection of information to 

help us determine how useful the 

information is; whether it can help us 

perform our functions better; whether it 

is readily available elsewhere; how 

accurate our estimate of the burden of 

collection is; how valid our methods for 

determining burden are; how we can 

improve the quality, usefulness, and 

clarity of the information; and how we 

can minimize the burden of collection. 

If you submit comments on the 

collection of information, submit them 

both to OMB and to the Docket 

Management Facility where indicated 

under ADDRESSES, by the date under 

DATES. 

You need not respond to a collection 

of information unless it displays a 

currently valid control number from 

OMB. Before the requirements for this 

collection of information become 

effective, we will publish notice in the 

Federal Register of OMB’s decision to 

approve, modify, or disapprove the 

collection. 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. 

The proposed rule would be issued 

under authority conferred on the Coast 

Guard by Chapter 33 of Title 46 United 

States Code (U.S.C.). Chapter 33 of Title 

46, U.S.C. describes the regimen of 

regulation for vessels ‘‘subject to 

inspection’’ by the U.S. Coast Guard. 

Vessels ‘‘subject to inspection’’ is a term 

of art developed by Congress. It refers to 

various types of vessels listed in 46 

U.S.C. 3301 subject to a comprehensive, 

permissive regimen of Federal 

regulation. By contrast, ‘‘uninspected 

vessels,’’ such as most commercial 

fishing vessels and recreational vessels, 

are still subject to Coast Guard 

regulation, but under a much less 

comprehensive and prescriptive scheme 

of Federal regulation. The U.S. Supreme 

Court has long recognized the 

preemptive impact of Federal 

regulations in the field of inspected 

vessels. See, for example, Kelly v. 

Washington ex rel Foss, 302 U.S. 1 

(1937) and Locke, 529 U.S. 113–116. 

Therefore, Coast Guard regulations 

issued under the authority of 46 U.S.C. 

3306 in the areas of design, 

construction, alteration, repair, 

operation, superstructures, hulls, 

fittings, equipment, appliances, 

propulsion machinery, auxiliary 

machinery, boilers, unfired pressure 

vessels, piping, electric installations, 

accommodations for passengers and 

crew, sailing school instructors, sailing 

school students, lifesaving equipment 

and its use, firefighting equipment, its 

use and precautionary measures to 

guard against fire, inspections and tests 

related to these areas and the use of 

vessel stores and other supplies of a 

dangerous nature have preemptive effect 

over state regulation in these fields. 

Title 33 U.S.C. 3301 subjects 

passenger vessels to Coast Guard 

inspection, and 33 U.S.C. 3306 provides 

the Coast Guard with clear authority to 

establish safety regulations for such 

vessels. Our proposed rule would revise 

and update stability standards for 

passenger vessels subject to Coast Guard 

regulations covered by 46 CFR 

subchapters H, K or T. These factors 

support the Coast Guard’s determination 

herein that States may not regulate 

within the categories covered by this 

proposed rule, and the Coast Guard 

hereby determines that if States were to 

regulate on these subjects it would 

frustrate the purpose of these rules, 

which is to establish a uniform national 

scheme as directed by Congress. 

Therefore, under E.O. 13132, this 

proposed rule would not have an 

implication under federalism. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 


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particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

G. Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

H. Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

I. Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

J. Indian Tribal Governments 

To determine whether the proposed 

rule would have an impact on any 

Indian tribal governments, we queried 

MISLE to obtain a list of inspected 

vessels potentially owned or operated 

by Indian tribes. The list was augmented 

by a thorough Internet search. The 

electronic file for each vessel was then 

examined for any relationship to a tribal 

organization. Additionally, we 

questioned Coast Guard field units to 

determine whether the cognizant OCMIs 

were aware of any tribally owned 

vessels. 

Although we found one vessel that 

was confirmed to be owned by an 

Indian tribe, there would be no impact 

to that vessel from this proposed rule. 

Consequently, we determined that this 

proposed rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order and it 

is not likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy. The 

Administrator of the Office of 

Information and Regulatory Affairs has 

not designated it as a significant energy 

action. Therefore, it does not require a 

Statement of Energy Effects under 

Executive Order 13211. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (15 U.S.C. 272 

note) directs agencies to use voluntary 

consensus standards in their regulatory 

activities unless the agency provides 

Congress, through the OMB, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule uses the following 

voluntary consensus standards: 

American Society for Testing and 

Materials (ASTM) and Military 

Specification, Naval Publications and 

Forms Center, Code 1052. The proposed 

sections that reference these standards 

and the locations where these standards 

are available are listed in §§ 170.015, 

170.270, 174.007 and 174.100. 

If you disagree with our analysis of 

the voluntary consensus standards 

listed above or are aware of voluntary 

consensus standards that might apply 

but are not listed, please identify them 

in a comment to the Docket 

Management Facility at the address 

under ADDRESSES and explain why they 

should be used. 

M. Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD and Department of 

Homeland Security Management 

Directive 5100.1, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

under the Commandant Instruction that 

this action is not likely to have a 

significant effect on the human 

environment. A preliminary 

‘‘Environmental Analysis Check List’’

supporting this preliminary 

determination is available in the docket 

where indicated under the ‘‘Public 

Participation and Request for 

Comments’’ section of this preamble. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects 

46 CFR Part 71 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 114 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 115 

Fire prevention, Marine safety, 

Passenger vessels, Reporting and 

recordkeeping requirements. 

46 CFR Part 122 

Marine safety, Passenger vessels, 

Penalties, Reporting and recordkeeping 

requirements. 

46 CFR Part 170 

Marine safety, Reporting and 

recordkeeping requirements, Vessels, 

Incorporation by reference. 

46 CFR Part 171 

Marine safety, Passenger vessels, 

Incorporation by reference. 

46 CFR Part 172 

Cargo vessels, Hazardous materials 

transportation Marine safety, 

Incorporation by reference. 

46 CFR Part 174 

Marine safety, Reporting and 

recordkeeping requirements, Vessels, 

Incorporation by reference. 

46 CFR Part 175 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 176 

Fire prevention, Marine safety, 

Passenger vessels, Reporting and 

recordkeeping requirements. 

46 CFR Part 178 

Marine safety, Passenger vessels. 

46 CFR Part 179 

Marine safety, Passenger vessels, 

Incorporation by reference. 


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49262 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 

46 CFR Part 185 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 46 CFR parts 71, 114, 115, 122, 

170, 171, 172, 174, 175, 176, 178, 179, 

and 185 as follows: 

PART 71—INSPECTION AND 

CERTIFICATION 

1. The authority citation for part 71 

continues to read as follows: 

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

2113, 3205, 3306, 3307; E.O. 122234, 45 FR 

58801, 3 CFR, 1980 Comp., p. 351; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Redesignate § 71.25–50 as § 71.25–

95, and add new § 71.25–50 to read as 

follows: 

§ 71.25–50 Stability verification. 

(a) At each annual inspection, the 

owner or operator of each vessel must 

demonstrate: 

(1) That the stability information 

required under subpart D of part 170 of 

this title has been re-examined and 

confirmed to be appropriate for the 

loading and service intended; and, 

(2) The means by which the master 

complies with the requirements of 

§§ 78.17–20 and 78.17–22 of this title. 

(b) The owner or operator must verify, 

using current vessel measurements, that 

the vessel complies with the stability 

requirements of subchapter S of this 

chapter—

(1) Not more than ten years after the 

most recent verification required by this 

paragraph or issuance of stability 

information required by § 170.120 of 

this title; and, 

(2) Following any modification or 

alteration that may affect the validity of 

the stability information required by 

§ 170.120 of this title. 

(c) For the purposes of paragraph (b) 

of this section—

(1) Calculations necessary for the 

verification must satisfy the 

requirements of § 170.090 of this title 

regardless of the contract date of the 

vessel; 

(2) The vessel measurements must 

include a deadweight survey to verify 

the lightweight displacement and 

longitudinal center of gravity used to 

show compliance with the requirements 

of Subchapter S of this chapter; and, 

(3) If the results of a deadweight 

survey show a deviation from the 

lightweight displacement exceeding 2 

percent, or a deviation from the 

longitudinal center of gravity exceeding 

1 percent of the length between 

perpendiculars (LBP) as defined in 

§ 170.055 of this title, then—

(i) A stability test must be conducted 

in compliance with the requirements of 

subpart F of part 170 of this title, except 

that the test may not be dispensed with 

on the basis of approved results of a 

sister vessel; and 

(ii) The verification required by 

paragraph (b) of this section must use 

the newly determined lightweight 

displacement and centers of gravity. 

(d) The Commanding Officer, Marine 

Safety Center or the cognizant OCMI, 

whichever issued the vessel’s stability 

information, may dispense with or 

authorize a change or deferral of the 

requirements of paragraph (b) of this 

section when the vessel’s stability can 

be adequately assessed by alternate 

means. 

§ 71.50–1 [Amended] 

3. In § 71.50–1, add at the end of the 

definition of ‘‘Drydock examination’’

the words ‘‘, including verification of 

the accuracy of draft marks’’. 

4. Revise the heading to subpart 71.75 

to read as follows: 

Subpart 71.75—Certificates Under the 

International Convention for Safety of 

Life at Sea, 1974 

§ 71.75–1 [Amended] 

5. In § 71.75–1(a), insert the words ‘‘or 

certificated for’’, after the word ‘‘on’’. 

§ 71.75–5 [Amended] 

6. In § 71.75–5—

a. In paragraph (a), add the words ‘‘or 

certificated for’’, after the word ‘‘on’’

and, immediately before the word 

‘‘Passenger’’, add the word ‘‘SOLAS’’. 

b. In paragraph (b), add the words ‘‘or 

certificated for’’, after the word ‘‘on’’

and, at the end of the paragraph, add ‘‘in 

addition to the applicable requirements 

of SOLAS.’’

PART 114—GENERAL PROVISIONS 

7. Revise the authority citation for 

part 114 to read as follows: 

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

Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 

App. 1804; Department of Homeland 

Security Delegation No. 0170.1; § 114.900 

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

8. Amend § 114.400(b) by—

a. Removing paragraph (3) from the 

definition of ‘‘Length’’; and, 

b. Adding a new definition for 

‘‘Variable load’’ in alphabetical order to 

read as follows: 

§ 114.400 Definition of terms used in this 

subchapter. 

* * * * * 

Variable load means the weight of all 

items brought on board a vessel for 

which explicit account is not made in 

approved stability calculations, 

including but not limited to, personal 

effects, carry-on items, luggage, 

wheelchairs, and sporting equipment. 

* * * * * 

PART 115—INSPECTION AND 

CERTIFICATION 

9. Revise the authority citation for 

part 115 to read as follows: 

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

2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; 

E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 

Comp., p. 277; Department of Homeland 

Security Delegation No. 0170.1. 

10. In § 115.110, revise paragraphs 

(d)(2) and (d)(3), and add new paragraph 

(d)(4) to read as follows: 

§ 115.110 Routes permitted. 

* * * * * 

(d) * * * 

(2) The performance capabilities of 

the vessel based on design, scantlings, 

stability, subdivision, propulsion, 

speed, operating modes, 

maneuverability, and other 

characteristics; 

(3) The suitability of the vessel for 

night-time operations; and, 

(4) The suitability of the vessel for all 

environmental conditions. 

11. Revise § 115.112 to read as 

follows: 

§ 115.112 Total persons permitted. 

The cognizant OCMI determines the 

total number of persons permitted to be 

carried on a vessel. In determining the 

total number of persons, the OCMI may 

consider: the total weight of passengers, 

crew, and variable loads; stability 

restrictions and subdivision 

requirements of the vessel; the vessel’s 

route, general arrangement, means of 

escape, and lifesaving equipment; 

minimum manning requirements; and 

the maximum number of passengers 

permitted in accordance with § 115.113. 

12. Add § 115.505 to subpart E to read 

as follows: 

§ 115.505 Stability verification. 

(a) At each annual inspection or 

subsequent inspection for certification, 

the owner or operator of each new and 

existing vessel must demonstrate—

(1) That the stability information 

required under subpart D of part 170 of 

this title has been re-examined and 

confirmed to be appropriate for the 

loading and service intended; and 

(2) The means by which the master 

complies with the requirements of 

§ 122.315 of this title. 

(b) The owner or operator of each new 

and existing vessel must verify, using 


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current vessel measurements and to the 

satisfaction of the OCMI, that the vessel 

complies with the stability requirements 

of subchapter S—

(1) Not more than ten years after the 

most recent verification required by this 

paragraph or issuance of stability 

information required by § 170.120 of 

this title; and, 

(2) Following any modification or 

alteration that may affect the validity of 

the stability information required by 

§ 170.120 of this title. 

(c) For the purposes of paragraph (b) 

of this section—

(1) Calculations necessary for the 

verification must satisfy the 

requirements of § 170.090 of this title 

regardless of the contract date of the 

vessel; 

(2) The vessel measurements must 

include a deadweight survey to verify 

the lightweight displacement and 

longitudinal center of gravity used to 

show compliance with the requirements 

of Subchapter S of this chapter; and 

(3) If the results of a deadweight 

survey show a deviation from the 

lightweight displacement exceeding 2 

percent, or a deviation from the 

longitudinal center of gravity exceeding 

1 percent of LBP as defined in § 170.055 

of this title, then—

(i) A stability test must be conducted 

in compliance with the requirements of 

subpart F of part 170 of this title, except 

that the test may not be dispensed with 

on the basis of approved results of a 

sister vessel; and 

(ii) The verification required by 

paragraph (b) of this section must use 

the newly determined lightweight 

displacement and centers of gravity. 

(d) The Commanding Officer, Marine 

Safety Center or the cognizant OCMI, 

whichever issued the vessel’s stability 

information, may dispense with or 

authorize a change or deferral of the 

requirements of paragraph (b) of this 

section when the vessel’s stability can 

be adequately assessed by alternate 

means. 

13. In § 115.610, add two sentences to 

the end of paragraph (a) to read as 

follows: 

§ 115.610 Scope of drydock and internal 

structural examinations. 

(a) * * * The accuracy of draft or 

loading marks, if required by § 122.602, 

must be verified. If the vessel’s stability 

information includes any operating 

restrictions that refer to draft or loading 

marks, the draft or loading marks must 

be confirmed to correspond to that 

information. 

* * * * * 

§ 115.900 [Amended] 

14. Amend § 115.900(a) as follows: 

a. Add the words ‘‘is certificated for 

or’’ after the word ‘‘which’’; b. Remove 

the word ‘‘an’’ and, c. Remove the word 

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

‘‘voyages’’. 

§ 115.910 [Amended] 

15. Amend § 115.910(a) as follows: a. 

Remove the word ‘‘issues’’ in the second 

sentence and, add, in its place, the 

words ‘‘authorizes the cognizant OCMI 

to issue’’; and b. In the last sentence, 

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

‘‘authorize the cognizant OCMI to’’. 

§ 115.920 [Amended] 

16. In § 115.920(d), after the word 

‘‘will’’ in the first sentence, and after the 

word ‘‘Commandant’’ in the second 

sentence, add the words ‘‘will authorize 

the cognizant OCMI to’’. 

§ 115.930 [Amended] 

17. In § 115.930, in the last sentence, 

remove the words ‘‘Commandant will 

indicate the’’ and, after the word 

‘‘equivalent’’ add the words ‘‘must be 

indicated’’. 

PART 122—OPERATIONS 

18. 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; Department of Homeland Security 

Delegation No. 0170.1. 

19. In § 122.304, revise paragraph 

(a)(3) to read as follows: 

§ 122.304 Navigation underway. 

(a) * * * 

(3) Prevailing and forecasted visibility 

and environmental conditions, 

including wind and waves; 

* * * * * 

20. In § 122.315, designate the 

existing paragraph as paragraph (a), and 

add paragraph (b) to read as follows: 

§ 122.315 Verification of vessel 

compliance with applicable stability 

requirements. 

(a) * * * 

(b) In order to fulfill the requirements 

of paragraph (a) of this section and 

avoid overloading the vessel, the master 

must take into account the total weight 

of passengers, crew, and variable loads. 

§ 122.602 [Amended] 

21. Amend § 122.602 as follows: 

a. In paragraph (c), remove the words 

‘‘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’’; b. Remove paragraph (b); and, 

c. Redesignate paragraphs (c) through (g) 

as paragraphs (b) through (f). 

PART 170—STABILITY 

REQUIREMENTS FOR ALL INSPECTED 

VESSELS 

22. The authority citation for part 170 

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; Department of 

Homeland Security Delegation No. 0170.1. 

23. In § 170.001, revise paragraph(a) 

to read as follows: 

§ 170.001 Applicability. 

(a) This subchapter applies to each 

vessel that is—

(1) Contracted for on or after March 

11, 1996, except where specifically 

stated otherwise; and, 

(2) Is inspected under another 

subchapter of this chapter, or is a 

foreign vessel that must comply with 

the requirements in subchapter O of this 

chapter, or is required by either 

subchapter C or subchapter E of this 

chapter to meet applicable requirements 

contained in this subchapter. 

* * * * * 

24. Revise § 170.015 to read as 

follows: 

§ 170.015 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Coast Guard must publish a notice 

of change in the Federal Register and 

the material must be available to the 

public. All approved material is 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030 or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.htm1. It is also available 

for inspection at the Coast Guard, Office 

of Design Engineering Standards, Naval 

Architecture Division (CG–5212), 2100 

Second Street SW., Washington, DC 

20593–0001, and is available from the 

sources listed below. 

(b) American Society for Testing and 

Materials (ASTM) 100 Barr Harbor 

Drive, West Conshohocken, PA 19428–

2959. 

(1) ASTM F 1196–00, Standard 

Specification for Sliding Watertight 

Door Assemblies, incorporation by 

reference approved for § 170.270. 

(2) ASTM F 1197–00, Standard 

Specification for Sliding Watertight 

Door Control Systems, incorporation by 

reference approved for § 170.270. 


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49264 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 

(c) Military Specification, Naval 

Publications and Forms Center, Code 

1052, 5801 Tabor Avenue, Philadelphia, 

PA 19120. 

(1) MIL–P–21929B, Plastic Material, 

Cellular Polyurethane, Foam in Place, 

Rigid, 1970, incorporation by reference 

approved for § 170.245. 

(2) [Reserved] 

(d) International Maritime 

Organization (IMO), International 

Maritime Organization, Publications 

Section, 4 Albert Embankment, London 

SE1 7SR, United Kingdom. 

(1) International Convention for the 

Safety of Life at Sea (SOLAS), 1974, and 

its Protocol of 1988: articles, annexes 

and certificates, as amended, chapter II–

1 (SOLAS chapter II–1), incorporation 

by reference approved for §§ 170.140, 

170.248. 

(2) International Code on Intact 

Stability, 2008 (2008 IS Code), 

incorporation by reference approved for 

§ 170.165. 

25. Amend § 170.055, by 

redesignating paragraphs (m) through 

(w) as paragraphs (o) through (y), 

redesignating paragraphs (e) through (l) 

as paragraphs (f) through (m), and 

adding new paragraphs (e) and (n) to 

read as follows: 

§ 170.055 Definitions concerning a vessel. 

* * * * * 

(e) Constructed means the date—

(1) The vessel’s keel was laid; or 

(2) Construction identifiable with the 

vessel began and assembly of that vessel 

commenced comprising of 50 metric 

tons or at least one percent of the 

estimated mass of all structural material, 

whichever is less. 

* * * * * 

(n) Passenger fraction (W/D) is the 

ratio of the weight of the maximum 

number of permitted passengers and 

their personal effects to the overall 

displacement of the vessel in a given 

loading condition. 

* * * * * 

§ 170.070 [Amended] 

26. In § 170.070(b) introductory text, 

add after the word ‘‘OCMI’’ the words 

‘‘, or regulations by which the vessel is 

inspected require their application.’’

§ 170.075 [Amended] 

27. In § 170.075(a), remove the words 

‘‘or four copies for plan review being 

conducted by the American Bureau of 

Shipping (ABS)’’. 

§ 170.080 [Amended] 

28. In § 170.080, remove the words 

‘‘or four copies for plan review being 

conducted by the ABS’’. 

§ 170.085 [Amended] 

29. In § 170.085, remove the words 

‘‘or the ABS’’

30. Revise § 170.090 by revising 

paragraph (a), and adding paragraphs 

(c), (d), (e) and (f) to read as follows: 

§ 170.090 Calculations. 

(a) All calculations required by this 

subchapter must be submitted with the 

plans required by § 170.075. 

* * * * * 

(c) The assumed average weight per 

person for calculations showing 

compliance with the regulations of this 

subchapter must be representative of the 

passengers and crew aboard the vessel 

while engaged in the service intended. 

Unless the OCMI permits or requires the 

use of other values in writing, the 

average weight per person of passengers 

and crew should not be less than that 

computed by paragraph (e) of this 

section. 

(d) The formula in paragraph (e) of 

this section will be used to determine 

the assumed average weight per person. 

It requires the use of the most recent 

mean weights of males and of females 

aged 20 years, as determined by Centers 

for Disease Control and Prevention 

(CDC). CDC releases this data 

periodically through the National Center 

for Health Statistics (NCHS) in a report 

that lists the most recent mean body 

weight data for the population of the 

United States. This report can be found 

on CDC’s Web site. The Coast Guard 

will publish the availability of this 

report each time it is updated by the 

CDC, and the assumed average weight 

per person, as determined by the 

formula in paragraph(e) of this section, 

in a Federal Register Notice, without 

further rulemaking procedures. The 

assumed average weight per person will 

become effective 60 days from 

publication of the notice. 

(e) The assumed average weight per 

person will be determined as follows: 

Add the mean weight of males aged 20 

years and over to the mean weight of 

females aged 20 years and over, and 

divide the sum by 2. To this average 

mean weight, add 7.5 pounds of 

assumed clothing weight. The resulting 

sum, rounded to the nearest whole 

number in pounds, is the assumed 

average weight per person. 

(f) Calculations must account for the 

weight of all loads carried aboard the 

vessel. 

§ 170.093 [Amended] 

31. In § 170.093, remove the last 

sentence. 

§ 170.100 [Amended] 

32. Amend § 170.100 by removing 

paragraphs (c) and (d). 

33. Add § 170.105(b)(5) to read as 

follows: 

§ 170.105 Applicability. 

* * * * * 

(b) * * * 

(5) A small passenger vessel inspected 

under subchapter T of this chapter if 

§ 178.210(c) of this title is applicable. 

§ 170.110 [Amended] 

34. In § 170.110(b), remove the words 

‘‘or the ABS’’. 

§ 170.120 [Amended] 

35. In § 170.120(a), remove the words 

‘‘or the ABS’’. 

§ 170.135 [Removed] 

36. Remove § 170.135. 

37. Add § 170.140 to subpart D to read 

as follows: 

§ 170.140 Operating information for a 

vessel constructed on or after 1 January 

2009 and issued a SOLAS safety certificate. 

(a) This section applies to each vessel 

that is—

(1) Constructed on or after January 1, 

2009; and, 

(2) Issued either a SOLAS Passenger 

Ship Safety Certificate or a SOLAS 

Cargo Ship Safety Construction 

Certificate. 

(b) In addition to the information 

required in § 170.110 of this part, the 

stability booklet of each vessel to which 

this section applies must contain the 

information required by applicable 

regulations of SOLAS chapter II–1 

(incorporated by reference, see 

§ 170.015). 

(c) As used in SOLAS chapter II–1, 

Administration means the 

Commandant, U.S. Coast Guard. 

38. Revise the heading of Subpart E to 

read as follows: 

Subpart E—Intact Stability Criteria 

39. In § 170.160 revise paragraphs (a) 

and (c)(3) and add paragraph (d) to read 

as follows: 

§ 170.160 Specific applicability. 

(a) Except as provided in paragraphs 

(b) through (d) of this section, this 

subpart applies to each vessel. 

* * * * * 

(c) * * * 

(3) A vessel that performs one of the 

simplified stability proof tests described 

in subpart C of part 178 of this title. 

(d) A vessel that complies with 

§ 170.165 of this title need not comply 

with §§ 170.170 and 170.173 of this 

title. 


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40. Add § 170.165 to read as follows: 

§ 170.165 International Code on Intact 

Stability. 

(a) Each vessel issued one or more of 

the certificates listed in paragraphs 

(a)(1) through (4) of this section, must 

comply with the Introduction and Part 

A of the International Code on Intact 

Stability, 2008 (2008 IS Code): 

(1) International Load Line Certificate. 

(2) SOLAS Passenger Ship Safety 

Certificate. 

(3) SOLAS Cargo Ship Safety 

Construction Certificate. 

(4) High-Speed Craft Safety 

Certificate. 

(b) A vessel not subject to the 

requirements of paragraph (a) of this 

section is permitted to comply with the 

applicable criteria contained in the 2008 

IS Code as an alternative to the 

requirements of §§ 170.170 and 170.173 

of this title. 

41. In § 170.170, revise the section 

heading and paragraphs (a) and (b), and 

the second sentence of paragraph (d), 

and add paragraph (e) to read as follows: 

§ 170.170 Weather criteria. 

(a)(1) Except as provided in paragraph 

(b) of this section, each vessel must be 

shown by design calculations in each 

condition of loading and operation to 

have a calculated angle of heel not 

greater than: 

(i) For a sailing vessel, 14 degrees or 

the angle of heel at which the deck edge 

is immersed, whichever is less; or, 

(ii) For a non-sailing vessel, 14 

degrees or the angle of heel at which 

one-half the freeboard to the deck edge 

is immersed, whichever is less. 

(2) The calculated angle of heel is 

defined as the angle at which the 

righting arm curve intersects the wind 

heeling arm curve given by the 

following equation: 

Heeling arm = P × A × H × cos(T)/D 

Where—

P = 0.005 + (L/14,200) 2 tons/f 2 * * * for 

ocean service, Great Lakes winter 

service, or service on exposed waters. 

P = 0.055 + (L/1309) 2 metric tons/m 2 * * * 

for ocean service, Great Lakes winter 

service, or service on exposed waters. 

P = 0.0033 + (L/14,200) 2 tons/ft 2 * * * for 

Great Lakes summer service or service on 

partially protected waters. 

P = 0.036 + (L/1309) 2 metric tons/m 2 * * * 

for Great Lakes summer service or 

service on partially protected waters. 

P = 0.0025 + (L/14,200) 2 tons/ft 2 * * * for 

service on protected waters. 

P = 0.028 + (L/1309) 2 metric tons/m 2 * * * 

for service on protected waters. 

L = LBP in feet (meters). 

A = Area in square feet (square meters) of the 

projected lateral surface of the portion of 

the vessel above the waterline (including 

the hull, superstructure, cargo, masts, 

area bounded by railings, canopies, or 

similar obstructions but not protruding 

objects such as antennas or running 

rigging). 

H = the vertical distance in feet (meters) from 

the center of A to the center of the 

underwater lateral area or approximately 

to the one-half draft point. 

T = angle of heel. 

D = Displacement in long tons (metric tons). 

(b) If approved by the Coast Guard 

Marine Safety Center, a larger value of 

T may be used for a vessel with a 

discontinuous weather deck or 

abnormal sheer. 

* * * * * 

(d) * * * On other types of vessels, 

the Coast Guard Marine Safety Center 

requires calculations in addition to 

those in paragraph (a) of this section. 

* * * 

(e) For the purposes of this subpart, a 

vessel’s righting arm must be calculated 

considering the vessel is permitted to 

trim free until the trimming moment is 

zero. 

§ 170.173 [Amended] 

42. In § 170.173(a) introductory text, 

remove the words ‘‘or the ABS’’. 

§ 170.175 [Amended] 

43. Amend § 170.175 as follows: 

a. In paragraph (b) remove the words 

‘‘or ABS’’; and, 

b. In paragraphs (c) and (d) remove 

the words ‘‘or the ABS’’. 

§ 170.180 [Amended] 

44. In § 170.180 introductory text, 

remove the words ‘‘or ABS’’ in both 

places where it appears. 

§ 170.185 [Amended] 

45. In § 170.185(b), remove the words 

‘‘or the ABS’’. 

§ 170.190 [Amended] 

46. In § 170.190, remove the words 

‘‘or ABS’’. 

§ 170.235 [Amended] 

47. In § 170.235(b), remove the words 

‘‘or the ABS’’. 

48. In § 170.248, revise paragraph (a) 

and add paragraph (d) to read as 

follows: 

§ 170.248 Applicability. 

(a) Except as provided in paragraphs 

(b) through (d) of this section, this 

subpart applies to vessels with 

watertight doors in bulkheads that have 

been made watertight to comply with 

the flooding or damage stability 

regulations in this subchapter. 

* * * * * 

(d) Each vessel issued a SOLAS 

Passenger Ship Safety Certificate or a 

SOLAS Cargo Ship Safety Construction 

Certificate must comply with the 

applicable regulations of SOLAS 

chapter II–1 in addition to the 

requirements of this subpart (SOLAS 

chapter II–1, incorporated by reference, 

see § 170.015). 

§ 170.270 [Amended] 

49. In § 170.270—

a. Remove the term ‘‘ASTM F 1196’’

wherever it appears and, in its place, 

add the term ‘‘ASTM F 1196–00’’, and 

remove the term ‘‘ASTM F 1197’’

wherever it appears and, in its place, 

add the term ‘‘ASTM F 1197–00’’; and 

b. In paragraph (a)(3), remove the 

words ‘‘(incorporated by reference, see 

§ 170.015)’’ wherever they appear. 

PART 171—SPECIAL RULES 

PERTAINING TO VESSELS CARRYING 

PASSENGERS 

50. 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; Department of Homeland Security 

Delegation No. 0170.1. 

51. In § 171.001, revise paragraph (a), 

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

as follows: 

§ 171.001 Applicability. 

(a) Except as provided in paragraph 

(d) of this section, this part applies to 

passenger vessels inspected under 

subchapter K or H of this chapter, or a 

passenger vessel the stability of which 

is questioned by the OCMI. 

* * * * * 

(c) Specific sections of this part may 

also apply to a small passenger vessel 

inspected under subchapter T of this 

chapter. The specific sections are listed 

in subparts B and C of part 178 of this 

title and in subpart B of part 179 of this 

title. 

(d) A passenger vessel constructed on 

or after 1 January 2009 and issued a 

SOLAS Passenger Ship Safety 

Certificate must meet the applicable 

requirements of SOLAS chapter II–1 

(incorporated by reference, see 

§ 171.012), instead of the requirements 

of this part. For the purposes of this 

section, the applicable requirements of 

SOLAS chapter II–1, are equivalent to 

the requirements of this part when 

applied to such vessels. 

52. Add new § 171.012 to read as 

follows: 

§ 171.012 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 


dwashington3 on PRODPC61 with PROPOSALS2
49266 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 

other than that specified in this section, 

the Coast Guard must publish a notice 

of change in the Federal Register and 

the material must be available to the 

public. All approved material is 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030 or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.htm1. It is also available 

for inspection at the Coast Guard, Office 

of Design Engineering Standards, Naval 

Architecture Division (CG–5212), 2100 

Second Street SW., Washington, DC 

20593–0001, and is available from the 

sources listed below. 

(b) International Maritime 

Organization (IMO) International 

Maritime Organization, Publications 

Section, 4 Albert Embankment, London 

SE1 7SR, United Kingdom. 

(1) International Convention for the 

Safety of Life at Sea, 1974, and its 

Protocol of 1988: articles, annexes and 

certificates, as amended, chapter II–1 

(SOLAS chapter II–1), incorporation by 

reference approved for §§ 171.001, 

171.080. 

(2) International Code on Intact 

Stability, 2008 (2008 IS Code), 

incorporation by reference approved for 

§ 171.050. 

53. Add the heading of subpart B to 

read as follows: 

Subpart B—Intact Stability 

Subpart C—Heading [Removed] 

54. Remove the heading for subpart C 

and transfer §§ 171.045, 171.050, 

171.055, and 171.057 to subpart B. 

55. Revise § 171.045 to read as 

follows: 

§ 171.045 Weight of passengers and crew. 

(a) This section applies to each vessel, 

regardless of when constructed. 

(b) Compliance with the intact 

stability requirements applicable to each 

vessel, using a total weight of 

passengers and crew carried, is based 

upon an assumed average weight per 

person determined in accordance with 

paragraph (c) of § 170.090 of this title. 

56. Revise § 171.050 to read as 

follows: 

§ 171.050 Passenger heel requirements for 

a mechanically propelled or a nonselfpropelled vessel. 

(a) Except as provided in paragraph 

(c) of this section, each vessel must be 

shown by design calculations in each 

condition of loading and operation to 

have a calculated angle of heel not 

greater than 14 degrees or the angle of 

heel at which the deck edge is first 

submerged, whichever is less. In any 

condition of loading, the calculated 

angle of heel is defined as the angle at 

which the righting arm curve intersects 

the heeling arm curve given by the 

following equation: 

Heeling arm = (W/D)(2/3)(b)(cos(T)) 

Where: 

W/D = passenger fraction 

W = total weight in long (metric) tons of 

persons other than required crew, 

including personal effects expected to be 

carried on the vessel 

D = displacement of the vessel in long 

(metric) tons 

b = distance in feet (meters) from the 

centerline of the vessel to the geometric 

center of the passenger deck to one side 

of the centerline 

T = angle of heel 

(b) For the purpose of this section, a 

vessel’s righting arm must be calculated 

considering the vessel is permitted to 

trim free until the trimming moment is 

zero. 

(c) A vessel that complies with the 

requirements for passenger ships 

contained in the International Code on 

Intact Stability, 2008 (2008 IS Code) 

(incorporated by reference; see 

§ 171.012) need not comply with 

paragraph (a) of this section. Vessels 

complying with the 2008 IS Code must 

use the assumed average weight per 

person given according to § 170.090 to 

be exempt from paragraph (a) of this 

section. 

57. Add new § 171.052 to read as 

follows: 

§ 171.052 Passenger distribution 

requirements for vessels of unusual 

proportion and form. 

(a) Vessels to which § 170.173 of this 

title applies must also comply with the 

requirements of paragraph (b) of this 

section. 

(b) For a vessel with a passenger 

fraction greater than 15 percent, and 

with passengers distributed in the 

accommodation area to produce the 

most unfavorable combination of 

passenger heeling moment and/or initial 

metacentric height, the area under each 

righting arm curve from the angle of 

equilibrium to an angle of 40 degrees, 

the downflooding angle, or the angle of 

the maximum righting arm, whichever 

is less, must not be less than: 

(1) For exposed and partially 

protected routes—

(i) 10 foot-degrees with 5 square feet 

per person (2.15 persons per square 

meter) assumed in the areas accessible 

to passengers; and 

(ii) 7 foot-degrees with 2 square feet 

per person (5.38 persons per square 

meter) assumed in the areas accessible 

to passengers; and 

(2) For protected routes—

(i) 5 foot-degrees with 5 square feet 

per person (2.15 persons per square 

meter) assumed in the areas accessible 

to passengers; and 

(ii) 2 foot-degrees with 2 square feet 

per person (5.38 persons per square 

meter) assumed in the areas accessible 

to passengers. 

58. Add a heading for subpart C, 

above § 171.060, to read as follows: 

Subpart C—Subdivision and Damage 

Stability 

§ 171.060 [Amended] 

59. In § 171.060(a), remove the words 

‘‘or § 171.075 for Type III subdivision’’. 

§ 171.065 [Amended] 

60. In § 171.065(b)(2), remove the 

second equation, ‘‘Y = (M + 2P) / (V + 

P1¥P)’’ and add, in its place, the 

equation ‘‘Y = (M + 2P1) / (V + P1¥P)’’. 

§ 171.070 [Amended] 

61. In § 171.070(e)(1) introductory 

text, add the words ‘‘or the vessel makes 

international voyages,’’ after the words 

‘‘If the LBP of the vessel is 143 feet (43.5 

meters) or more,’’. 

§ 171.075 [Removed] 

62. Remove § 171.075. 

§ 171.080 [Amended] 

63. Amend § 171.080 as follows: 

a. In § 171.080 (f)(4)(i), remove ‘‘w = 

passenger weight = 75 kilograms,’’ and 

add, in its place, ‘‘w = passenger weight 

used for calculations complying with 

§ 170.090 of this title’’; 

b. In § 171.080(f)(4)(ii)(A), remove the 

words ‘‘Each passenger weighs 75 

kilograms’’ and add, in their place, the 

words ‘‘The weight of each passenger is 

taken at the weight used for calculations 

complying with § 170.090 of this title’’; 

and, 

c. In the heading to paragraph (g), 

after the word ‘‘vessels’’ add the words 

‘‘constructed before January 1 2009’’, 

and, in paragraph (g) text, after the 

words ‘‘regulation 8’’ add the words ‘‘in 

force on December 31, 2008 

(incorporated by reference; see 

§ 171.012)’’. 

§ 171.082 [Removed] 

64. Remove § 171.082. 

PART 172—SPECIAL RULES 

PERTAINING TO BULK CARGOES 

65. The authority citation for part 172 

continues to read as follows: 

Authority: 46 U.S.C. 3306, 3703, 5115; E.O. 

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


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277; Department of Homeland Security 

Delegation No. 0170.1. 

66. Revise § 172.020 to read as 

follows: 

§ 172.020 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Coast Guard must publish a notice 

of change in the Federal Register and 

the material must be available to the 

public. All approved material is 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030 or go to http:// 

www.archives.gov/federal_register/

code_of_federal_regulations/ 

ibr_locations.htm1. It is also available 

for inspection at the Coast Guard, Office 

of Design Engineering Standards, Naval 

Architecture Division (CG–5212), 2100 

Second Street, SW., Washington, DC 

20593–0001, and is available from the 

sources listed below. 

(b) International Maritime 

Organization (IMO), International 

Maritime Organization, Publications 

Section, 4 Albert Embankment, London 

SE1 7SR, United Kingdom. 

(1) Amendment to Chapter VI of the 

International Convention for the Safety 

of Life at Sea, 1960, Resolution 

A.264(VIII), incorporation by reference 

approved for § 172.015. 

(2) Publication No. 240–E, 

International Code for the Safe Carriage 

of Grain in Bulk, incorporation by 

reference approved for § 172.015. 

(3) Regulation 27, annex I of MARPOL 

73/78, incorporation by reference 

approved for § 172.070. 

67. Revise § 172.070 to read as 

follows: 

§ 172.070 Intact Stability. 

All tank vessels of 5,000 DWT and 

above, contracted after December 3, 

2001, must comply with the intact 

stability requirements of Regulation 27, 

annex I of MARPOL 73/78 (incorporated 

by reference; see § 172.020). 

PART 174—SPECIAL RULES 

PERTAINING TO SPECIAL VESSEL 

TYPES 

68. The authority citation for part 174 

continues to read as follows: 

Authority: 42 U.S.C. 9118, 9119, 9153; 43 

U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 

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

277; Department of Homeland Security 

Delegation No. 0170.1. 

69. Revise § 174.007 to read as 

follows: 

§ 174.007 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Coast Guard must publish a notice 

of change in the Federal Register and 

the material must be available to the 

public. All approved material is 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030 or go to http:// 

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.htm1. It is also available 

for inspection at the Coast Guard, Office 

of Design Engineering Standards, Naval 

Architecture Division (CG–5212), 2100 

Second Street SW., Washington, DC 

20593–0001, and is available from the 

sources listed below. 

(b) American Society for Testing and 

Materials (ASTM) 100 Barr Harbor 

Drive, West Conshohocken, PA 19428–

2959. 

(1) ASTM F 1196–00, Standard 

Specification for Sliding Watertight 

Door Assemblies, incorporation by 

reference approved for § 174.100. 

(2) ASTM F 1197–00, Standard 

Specification for Sliding Watertight 

Door Control Systems, incorporation by 

reference approved for § 174.100. 

(c) International Maritime 

Organization (IMO), International 

Maritime Organization, Publications 

Section, 4 Albert Embankment, London 

SE1 7SR, United Kingdom. 

(1) International Convention for the 

Safety of Life at Sea (SOLAS), 1974, and 

its Protocol of 1988: articles, annexes 

and certificates, as amended, chapter II–

1 (SOLAS chapter II–1), incorporation 

by reference approved for § 174.360. 

(2) [Reserved] 

§ 174.100 [Amended] 

70. In § 174.100—

a. Remove the term ‘‘ASTM F 1196’’

wherever it appears and, in its place, 

add the term ‘‘ASTM F 1196–00’’, and 

remove the term ‘‘ASTM F 1197’’

wherever it appears and, in its place, 

add the term ‘‘ASTM F 1197–00’’; and 

b. In paragraph (e)(3), remove the 

words ‘‘(incorporated by reference, see 

§ 174.007)’’ wherever they appear. 

71. Revise § 174.360 to read as 

follows: 

§ 174.360 Calculations. 

Each ship to which this subpart 

applies must comply with the minimum 

standard of subdivision and damage 

stability applicable to that ship under 

SOLAS chapter II–1, (incorporated by 

reference; see § 174.007) part B–1. 

Compliance with the applicable 

requirements must be demonstrated by 

calculations and reflected in 

information on loading restrictions, 

such as a maximum height of the center 

of gravity (KG) or minimum metacentric 

height (GM) curve, that is part of the 

stability information required by 

§ 170.110 of this chapter. 

PART 175—GENERAL PROVISIONS 

72. Revise the authority citation for 

part 175 to read as follows: 

Authority: 46 U.S.C. 2103, 3205, 3306, 

3703; Pub. L. 103–206, 107 Stat. 2439; 49 

U.S.C. App. 1804; Department of Homeland 

Security Delegation No. 0170.1; § 175.900 

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

73. In § 175.400, add new definitions 

for ‘‘Total test weight’’ and ‘‘Variable 

load’’ in alphabetical order to read as 

follows: 

§ 175.400 Definition of terms used in this 

subchapter. 

* * * * * 

Total test weight means the weight 

used to simulate heeling and trimming 

moments when a simplified stability 

test is performed in accordance with 

§ 178.330 or § 178.340 of this title. 

* * * * * 

Variable load means the weight of all 

items brought on board a vessel for 

which explicit account is not made in 

approved stability calculations, 

including but not limited to, personal 

effects, carry-on items, luggage, 

wheelchairs, and sporting equipment. 

* * * * * 

PART 176—INSPECTION AND 

CERTIFICATION 

74. Revise the authority citation for 

part 176 to read as follows: 

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

2103, 3205, 3306, 3307; 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; Department of 

Homeland Security Delegation No. 0170.1. 

75. In § 176.110, revise paragraphs 

(d)(2) and (d)(3), and add paragraph 

(d)(4) to read as follows: 

§ 176.110 Routes permitted. 

* * * * * 

(d) * * * 

(2) The performance capabilities of 

the vessel based on design, scantlings, 

stability, subdivision, propulsion, 

speed, operating modes, 


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maneuverability, and other 

characteristics; 

(3) The suitability of the vessel for 

nighttime operations; and 

(4) The suitability of the vessel for all 

environmental conditions. 

76. Revise § 176.112 to read as 

follows: 

§ 176.112 Total persons permitted. 

The cognizant OCMI determines the 

total number of persons permitted to be 

carried on a vessel. In determining the 

total number of persons, the OCMI may 

consider: The total weight of passengers, 

crew, and variable loads; stability 

restrictions and subdivision 

requirements of the vessel; the vessel’s 

route, general arrangement, means of 

escape, and lifesaving equipment; 

minimum manning requirements; and 

the maximum number of passengers 

permitted in accordance with § 176.113 

of this title. 

77. Add § 176.505 to subpart E to read 

as follows: 

§ 176.505 Stability verification. 

(a) At each annual inspection and 

subsequent inspection for certification, 

the owner or operator of each new and 

existing vessel must demonstrate—

(1) That the stability information 

required under subpart B of part 178 of 

this title has been re-examined and 

confirmed to be appropriate for the 

loading and service intended; and 

(2) The means by which the master 

complies with the requirements of 

§ 185.315 of this title must be 

demonstrated. 

(b) The owner or operator of each new 

or existing vessel must verify, using 

current vessel measurements, and to the 

satisfaction of the OCMI, that the vessel 

complies with the stability requirements 

of this subchapter—

(1) Not more than ten years after the 

date of the most recent verification 

required by this paragraph or issuance 

of stability information required by 

§ 178.210 of this title; and, 

(2) Following any modification or 

alteration that may affect the validity of 

the stability information required by 

§ 178.210. 

(c) For the purposes of paragraph (b) 

of this section—

(1) If § 178.320 (e), (f), (g), or (h) of 

this title is applicable, the verification 

must include—

(i) Measurements with the vessel in a 

condition that is the same as that used 

in or documented when the most recent 

simplified stability proof test specified 

in paragraph (a) of either §§ 178.330 or 

178.340 was performed; 

(A) If § 178.330 of this title is 

applicable, freeboard measurements; or 

(B) If § 178.340 of this title is 

applicable, measurements of crosssectional area; 

(ii) An assessment of the total test 

weight regardless of the contract date of 

the vessel according to § 178.330(a)(4) of 

this title; and 

(iii) A validation that the vessel 

arrangement is substantially unchanged 

from the date when the most recent 

stability verification or simplified 

stability proof test was performed; 

(2) If § 178.310(a) or § 178.320(c) of 

this title is applicable—

(i) Calculations necessary for the 

verification must satisfy the 

requirements of § 170.090 of this title 

regardless of the contract date of the 

vessel; 

(ii) The vessel measurements must 

include a deadweight survey to verify 

the lightweight displacement and 

longitudinal center of gravity used to 

show compliance with the requirements 

of Subchapter S of this chapter; and, 

(iii) If the results of a deadweight 

survey show a deviation from the 

lightweight displacement exceeding 2 

percent, or a deviation of the 

longitudinal center of gravity exceeding 

1 percent of LBP as defined in § 170.055 

of this title, then—

(A) A stability test must be conducted 

in compliance with the requirements of 

subpart F of part 170 of this title, except 

that the test may not be dispensed with 

on the basis of approved results of a 

sister vessel; and 

(B) The verification required by 

paragraph (b) of this section must use 

the newly determined lightweight 

displacement and centers of gravity. 

(3) If § 178.310 (c) or § 178.320 (d) of 

this title applies, the scope of the 

verification will be determined by the 

Commanding Officer, Marine Safety 

Center. 

(d) The Commanding Officer, Marine 

Safety Center or the cognizant OCMI, 

whichever issued the vessel’s stability 

information, may dispense with or 

authorize a change or deferral of the 

requirements of paragraph (b) of this 

section when the vessel’s stability can 

be adequately assessed by alternate 

means. 

§ 176.610 [Amended] 

78. In § 176.610, add two sentences to 

the end of paragraph (a) to read as 

follows: 

§ 176.610 Scope of drydock and internal 

structural examinations. 

(a) * * * The accuracy of draft or 

loading marks, if required by § 122.602, 

must be verified. If stability information 

includes any operating restrictions that 

refer to draft or loading marks, the draft 

or loading marks must be confirmed to 

correspond to that information. 

* * * * * 

§ 176.900 [Amended] 

79. Amend § 176.900(a) as follows: 

a. Add the words ‘‘is certificated for 

or’’ after the word ‘‘which’’; 

b. Remove the word ‘‘an,’’ and, 

c. Remove the word ‘‘voyage’’ and 

add, in its place, the word ‘‘voyages’’. 

§ 176.910 [Amended] 

80. Amend § 176.910(a) as follows: 

a. Remove the word ‘‘issues’’ in the 

second sentence and, add, in its place, 

the words ‘‘authorizes the cognizant 

OCMI to issue’’; and 

b. In the last sentence, after the word 

‘‘will’’, add the words ‘‘authorize the 

cognizant OCMI to’’. 

§ 176.920 [Amended] 

81. In § 176.920(d), after the word 

‘‘will’’ in the first sentence, and after the 

word ‘‘Commandant’’ in the second 

sentence, add the words ‘‘will authorize 

the cognizant OCMI to’’. 

§ 176.930 [Amended] 

82. In § 176.930, in the last sentence 

remove the words ‘‘Commandant will 

indicate the’’ and, after the word 

‘‘equivalent’’, add the words ‘‘must be 

indicated’’. 

PART 178—INTACT STABILITY AND 

SEAWORTHINESS 

83. 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; Department of 

Homeland Security Delegation No. 0170.1. 

§ 178.115 [Amended] 

84. In § 178.115, at the beginning of 

the paragraph add the words ‘‘Except 

where specifically stated otherwise,’’. 

85. In § 178.210, revise the first 

sentence of paragraphs (a) and (b), 

revise paragraph (c), and add paragraph 

(d) to read as follows: 

§ 178.210 Stability information. 

(a) Stability information (stability 

details indicated on the Certificate of 

Inspection, a stability letter, or a 

stability booklet) is required on certain 

vessels by paragraphs (b), (c), or (d) of 

this section. * * * 

(b) A vessel which, under § 178.310 of 

this title, complies with requirements in 

subchapter S of this chapter, must have 

stability details on the vessel’s 

Certificate of Inspection, a stability 

letter issued by the cognizant Officer in 

Charge, Marine Inspection (OCMI) or 

the Commanding Officer, Marine Safety 


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Center, or an approved stability booklet. 

* * * 

(c) When necessary for safe operation, 

the cognizant OCMI may place specific 

stability restrictions in a stability letter 

or on the Certificate of Inspection of a 

vessel not more than 65 feet (19.8 

meters) in length, which, under 

§ 178.310 of this title, complies with the 

requirements of § 178.320 of this title. 

(d) A vessel that complies with 

§ 178.320(b), and undergoes a stability 

test in accordance with § 178.340, must 

have a stability letter issued by the 

Commanding Officer, Marine Safety 

Center. 

86. Add new § 178.215 to read as 

follows: 

§ 178.215 Weight of passengers and crew. 

(a) This section applies to each vessel, 

regardless of when constructed, for 

which stability information is based on 

the results of a simplified stability proof 

test. 

(b) Except as provided in paragraph 

(c) of this section, and if not provided 

in the stability information required, the 

owner of each vessel must provide the 

master with the total test weight used in 

the simplified stability proof test and 

the number of passengers and crew 

included in the total test weight. 

Owners and masters must use a total 

weight of passengers and crew carried 

that is based upon an assumed average 

weight per person determined in 

accordance with paragraph (c) of 

§ 178.330(a)(4) of this title. 

(c) The information specified in 

paragraph (b) of this section need not be 

provided if the owner attests that the 

vessel complies with applicable intact 

stability requirements when carrying the 

number of passengers and crew 

permitted by the Certificate of 

Inspection with an assumed average 

weight per person in accordance with 

§ 178.330(a)(4) of this title. 

87. In § 178.230, revise paragraphs (b) 

introductory text and (b)(1), and add 

paragraph (c) to read as follows: 

§ 178.230 Stability letter or Certificate of 

Inspection stability details. 

* * * * * 

(b) If § 178.210(c) applies, the 

following information, and the 

necessary calculations used to 

determine that information, must be 

submitted in accordance with paragraph 

(a) of this section: 

(1) Allowable weight and number of 

passengers and crew on each deck; 

* * * * * 

(c) If § 178.210(b) applies, the 

applicable information described in 

subpart C of part 170 of this title, and 

the calculations used to determine that 

information, must be submitted in 

addition to the applicable information 

listed in paragraph (b) of this section. 

88. Revise § 178.310 to read as 

follows: 

§ 178.310 Applicability based on vessel 

characteristics and passenger capacity. 

(a) Each vessel that is greater than 65 

feet (19.8 meters) in length, carries more 

than 12 passengers on an international 

voyage, or has more than one deck 

above the bulkhead deck excluding the 

pilot house must meet applicable intact 

stability requirements in each condition 

of loading and operation. These 

requirements are contained in: 

(1) Part 170 of this chapter, except 

subparts G and H; and, 

(2) Part 171 of this chapter, subparts 

A and B. 

(b) Each vessel must meet the 

requirements of § 178.320 of this title if 

the vessel: 

(1) Is 65 feet (19.8 meters) in length 

or less; 

(2) Carries not more than 12 

passengers on an international voyage; 

and 

(3) Does not have more than one deck 

above the bulkhead deck or, for a vessel 

without a bulkhead deck, does not have 

more than one deck above the deck from 

which freeboard is measured excluding 

a pilot house. 

(c) In lieu of the requirements in 

paragraph (a) of this section, a vessel 

may meet another stability standard 

approved by the Commanding Officer, 

Marine Safety Center. 

(d) The requirements of this section 

and §§ 178.320 and 178.325 are 

graphically represented in Figure 

178.310. 

BILLING CODE 4910–15–P 


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BILLING CODE 4910–15–C 


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89. Revise § 178.320 to read as 

follows: 

§ 178.320 Intact stability requirements. 

(a) A simplified stability proof test in 

accordance with § 178.330 or § 178.340, 

as appropriate, is conducted to 

determine if a vessel, as built and 

operated, has a minimum level of initial 

stability. Failing the simplified test does 

not necessarily mean that the vessel 

lacks stability for the intended route, 

service, and operating condition, but 

that calculations or other methods must 

be used to evaluate the stability of the 

vessel. 

(b) Except as provided by paragraph 

(i) of this section, each vessel must 

comply with paragraph (c), (d), (e), (f), 

(g), or (h) of this section. The cognizant 

OCMI may require the vessel to meet the 

requirements of paragraph (c) of this 

section. 

(c) A vessel, in each condition of 

loading and operation, may meet the 

applicable intact stability requirements 

of—

(1) Part 170 of this chapter, except 

subparts G and H; and, 

(2) Part 171 of this chapter, subparts 

A and B. 

(d) In lieu of the requirements in 

paragraph (a) of this section, a vessel 

may meet another stability standard 

approved by the Commanding Officer, 

Marine Safety Center. 

(e) A non-sailing monohull vessel 

may undergo a simplified stability proof 

test in accordance with § 178.330 of this 

title in the presence of a Coast Guard 

marine inspector if the vessel does not 

have tumblehome at the deck, measured 

amidships, that exceeds two percent of 

the beam. 

(f) A non-sailing, flush deck 

catamaran carrying not more than 49 

passengers may undergo a simplified 

stability proof test in the presence of a 

Coast Guard marine inspector, in 

accordance with § 178.330 of this title, 

if the vessel does not have tumblehome 

at the deck, measured amidships, that 

exceeds two percent of the beam, and 

the vessel is not a pontoon vessel. 

(g) A self-propelled multihull vessel 

may undergo a pontoon simplified 

stability proof test in the presence of a 

Coast Guard marine inspector, in 

accordance with § 178.340 of this title, 

if the vessel satisfies the requirements 

listed in paragraphs (g)(1) through (9) of 

this section: 

(1) The vessel carries not more than 

49 passengers and does not make 

international voyages; 

(2) The vessel is constructed with 

only one deck; 

(3) The buoyant hull volume consists 

of two symmetric, fully enclosed hulls; 

(4) The cross section of each hull is 

circular or of wall-sided construction 

without tumblehome, and constant for 

at least 90 percent of the length of the 

hull; 

(5) The hulls contain no machinery or 

tanks; 

(6) The portion of the deck accessible 

to passengers does not extend beyond—

(i) The outboard edge of the hulls, 

and, 

(ii) The forward or the aft end of the 

hulls; 

(7) There is no deck more than 6 

inches (0.15 meters) above any point on 

any of the buoyant hulls; 

(8) The distance between the 

centerlines of the hulls is not less than 

6 feet (1.83 meters); and, 

(9) Each hull has a beam or diameter, 

as applicable, of not less than 2 feet 

(0.61 meters). 

(h) A monohull sailing vessel may 

meet the requirements of § 178.325 of 

this title if it satisfies the following 

seven requirements: 

(1) The vessel does not operate on 

exposed waters; 

(2) The vessel only operates during 

the daylight hours; 

(3) The vessel is of the usual type, rig, 

and hull form, excluding vessels 

without a weathertight deck, such as 

open boats; 

(4) The vessel carries not more than 

49 passengers and does not make 

international voyages; 

(5) The vessel is not a sailing school 

vessel that carries a combined total of 

six or more sailing school students or 

instructors; 

(6) The minimum downflooding angle 

is greater than 60 degrees; and, 

(7) The vessel does not have a cockpit 

greater than 20 percent of the Length 

Over Deck. 

(i) For a vessel that carries not more 

than 49 passengers and carries no deck 

cargo, the cognizant OCMI may: 

(1) Dispense with the requirements of 

the simplified stability proof test in 

§ 178.330, when the vessel’s stability 

can be adequately assessed by alternate 

means, which include, but are not 

limited to, the form, arrangement, 

construction, number of decks, route, 

and operating restrictions of the vessel; 

(2) Authorize a change in the 

requirements of the simplified stability 

proof test in § 178.330, when necessary 

to adequately assess the vessel’s 

stability; or 

(3) In lieu of conducting a simplified 

stability proof test, perform operational 

tests to determine whether the vessel 

has adequate stability and satisfactory 

handling characteristics for protected 

waters and/or partially protected waters. 

(j) The requirements of this section 

and §§ 178.310 and 178.325 are 

graphically represented in Table 

178.320. 

TABLE 178.320—APPLICABLE INTACT STABILITY CRITERIA

This table summarizes the criteria applicable to a vessel described in § 178.310 (b). These criteria are: 

1. Vessel length less than or equal to 65 feet; 

2. Not more than 12 passengers carried on an international voyage; 

3. Not more than 150 passengers carried on a domestic voyage; and 

4. Vessel does not have more than one deck above the bulkhead deck, excluding a pilot house. 

A vessel for which a simplified stability proof test is not appropriate must meet criteria contained in 46 CFR Subchapter S or a standard approved by the MSC, unless § 178.320 (i) is applicable. 

Propulsion type ........................................................................................ Non-sailing Sailing 

Number of hulls ........................................................................................ 1 2 1 2 

Number of Passengers ............................................................................ >49 <=49 >49 <=49 <=49 

Applicable Proof Test: 

§ 178.330 .......................................................................................... X X Note 1 X 

§ 178.340 (PSST) ............................................................................. Note 1 

MSC approved standard: 

§ 178.310 (c) ..................................................................................... X X X X X X 

OCMI determined standard or dispenses with proof test ........................ Note 2 Note 2 Note 2 

46 CFR Subchapter S criteria: 


dwashington3 on PRODPC61 with PROPOSALS2
49272 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 

TABLE 178.320—APPLICABLE INTACT STABILITY CRITERIA—Continued 

Part 170, subpart C ‘‘Plan Approval’’ ............................................... X X X X X X 

Part 170, subpart E ‘‘Intact Stability’’: 

§ 170.170 ‘‘Weather criteria’’ ............................................................ X X X X X X 

§ 170.173 ‘‘Criterion for vessels of unusual proportion and form’’ ... X X X X X X 

Part 170, subpart F ‘‘Determination of Lightweight Displacement 

and Centers of Gravity’’ ................................................................ X X X X X X 

Part 171, subpart B ‘‘Intact Stability: 

§ 171.050 (passenger heel) .............................................................. X X X X 

§ 171.052 (passenger distribution) ................................................... X X X X X X 

§ 171.055 (monohull sailing) ............................................................. X 

§ 171.057 (sailing catamaran) .......................................................... X X 

Note 1: See § 178.320 (f) and § 178.320 (g). 

Note 2: See § 178.320 (i). 

90. Revise § 178.325 to read as 

follows: 

§ 178.325 Intact stability requirements for 

a monohull sailing vessel. 

(a) A monohull sailing vessel may 

undergo a simplified stability proof test 

in accordance with § 178.330 of this title 

in the presence of a Coast Guard marine 

inspector. 

(b) A sailing vessel that operates on 

partially protected waters must be 

equipped with a self-bailing cockpit. 

(c) The Commanding Officer, Marine 

Safety Center may prescribe additional 

or different stability requirements for a 

broad, shallow draft vessel with little or 

no ballast outside the hull. 

91. In § 178.330, revise paragraphs (a), 

(b), and (d)(6), and add paragraph (d)(7), 

to read as follows: 

§ 178.330 Simplified stability proof test 

(SST). 

(a) A vessel must be in the condition 

specified in this paragraph when a 

simplified stability proof test is 

performed. 

(1) The construction of the vessel is 

complete in all respects. 

(2) Ballast, if necessary, is in 

compliance with § 178.510 and is on 

board and in place. 

(3) Each fuel and water tank is 

approximately three-quarters full. 

(4) A weight equal to the total weight 

of all passengers, crew, and variable 

loads permitted on the vessel is on 

board and distributed so as to provide 

normal operating trim and to simulate 

the vertical center of gravity, causing the 

least stable condition that is likely to 

occur in service. The assumed average 

weight per person of passengers and 

crew must be representative of the 

passengers and crew on board the vessel 

while engaged in the service intended. 

Unless the cognizant OCMI permits or 

requires the use of other values in 

writing, weight and vertical center of 

gravity are to be assumed as follows: 

(i) The weight of primary lifesaving 

equipment should be simulated at its 

normal location, if not on board at the 

time of the test. 

(ii) The assumed average weight per 

person is determined as provided by 

§ 170.090 of this title. 

(iii) The weight and associated 

vertical center of gravity of variable 

loads must be included as appropriate 

for the service intended and 

documented in the stability information 

required by subpart B of this part. 

(iv) The vertical center for the total 

test weight must be at least 30 inches 

(760 millimeters) above the deck for 

seated passengers, and at least 39 inches 

(1.0 meter) above the deck for standing 

passengers. 

(v) If the vessel carries passengers on 

diving excursions, the total weight of 

diving gear must be included in the 

loaded condition and placed in its 

stowed position. Not less than 80 

pounds (36.3 kilograms) should be 

assumed for each person for which 

diving gear is provided. 

(vi) 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 = (Number of 

Passengers on Upper Deck) × (Wt per 

Passenger) × 1.33 

Weight on Main Deck = Total Test 

Weight ¥ Weight on Upper Deck 

(5) All non-return closures on cockpit 

scuppers or on weather deck drains 

must be kept open during the test. 

(b) A vessel must not exceed the 

limitations in paragraph (d) of this 

section, when subjected to the greater of 

the following heeling moments: 

Mp = (W) (Bp)/6; or, 

Mw = (P) (A) (H) 

Where: 

Mp = passenger heeling moment in footpounds (kilogram-meters); 

W = the total weight of persons other than 

required crew, plus the personal effects 

of those persons expected to be carried 

while aboard the vessel (total test 

weight) in pounds (meters); 

Bp = the maximum transverse distance in feet 

(meters) of a deck that is accessible to 

passengers; 

A = Area, in square feet (square meters), of 

the projected lateral surface of the vessel 

above the waterline (including the hull, 

superstructure, cargo, masts, area 

bounded by railings and canopies, but 

not protruding fixed objects such as 

antennas or running rigging). 

* * * * * 

(d) * * * 

(6) On a non-sailing flush deck 

catamaran that is propelled by 

mechanical means, not more than onethird of the freeboard or one-third of the 

draft, whichever is less, may be 

immersed. 

(7) In no case may the angle of heel 

exceed 14 degrees. 

* * * * * 

92. Revise § 178.340 to read as 

follows: 

§ 178.340 Pontoon Simplified Stability 

Proof Test (PSST). 

(a) A multihull pontoon vessel 

meeting the applicability requirements 

of § 178.330(b) and (e) must be in the 

condition described in § 178.330(a) of 

this part when the simplified stability 

test is performed, except that fuel and 

water tanks should be filled to 100% 

capacity. Any sewage tanks should be 

empty or full. If sewage tanks are empty, 

the weight of full sewage tanks should 

be simulated by use of additional 

stationary weight. 

(b) A multihull pontoon vessel must 

not exceed the limitations in paragraph 

(c) of this section when subjected to the 

greater of the following heeling 

moments: 

Mpc = (W) (Bp¥K)/2; or, 

Mw = (P) (A) (H) 

Where: 

Mpc = passenger and crew heeling moment in 

foot-pounds (kilogram-meters); 

W = the total weight of persons aboard (total 

test weight) in pounds (kilograms); 

Bp = the maximum transverse distance of the 

deck accessible to passengers in feet 

(meters); 

K = 2.0 feet (0.61 meters); 


dwashington3 on PRODPC61 with PROPOSALS2
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 49273 

Mw = Wind heeling moment in foot-pounds 

(kilogram-meters) 

P = Wind pressure of 7.5 pounds/square foot 

(36.6 kilograms/square meter); 

A = Area, in square feet (square meters), of 

the projected lateral surface of the vessel 

above the waterline (including the hull, 

superstructure, cargo, masts, area 

bounded by railings and canopies, but 

not protruding fixed objects such as 

antennas or running rigging); and 

H = Height, in feet (meters), of the center of 

area (A) above the waterline, measured 

up from the waterline. 

(c) With the appropriate heeling 

moment applied to the most adversely 

affected side of the vessel, the remaining 

exposed cross sectional area of the hull, 

without consideration of the crossstructure area on that side, must be 

equal or greater than—

(1) The cross sectional area 

submerged due to the load shift (for an 

example, see Figure 178.340(d)(1)); and, 

(2) One-quarter of the cross-sectional 

area on one hull. 

(d) A multihull vessel must also be 

tested to determine whether trimming 

moments will submerge the bow or 

stern of the buoyant hull. The top of any 

buoyant hull must not be submerged at 

any location, as indicated in Figure 

178.340(d)(2), with the total test weight 

(W) located on the centerline and 

positioned as far forward or aft on the 

deck as practicable, whichever position 

results in the least freeboard. 


dwashington3 on PRODPC61 with PROPOSALS2EP20AU08.003</GPH>
49274 Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 

PART 179—SUBDIVISION, DAMAGE 

STABILITY, AND WATERTIGHT 

INTEGRITY 

93. The authority citation for part 179 

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; Department of 

Homeland Security Delegation No. 0170.1. 

94. Add new § 179.15 to subpart A to 

read as follows: 

§ 179.15 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Coast Guard must publish a notice 

of change in the Federal Register and 

the material must be available to the 

public. All approved material is 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030 or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.htm1. It is also available 

for inspection at the Coast Guard, Office 

of Design Engineering Standards, Naval 

Architecture Division (CG–5212), 2100 

Second Street, SW., Washington, DC 

20593–0001, and is available from the 

sources listed in paragraph (b) of this 

section. 

(b) International Maritime 

Organization (IMO), International 

Maritime Organization, Publications 

Section, 4 Albert Embankment, London 

SE1 7SR, United Kingdom. 

(1) International Convention for the 

Safety of Life at Sea (SOLAS), 1974, and 

its Protocol of 1988: articles, annexes 

and certificates, as amended, chapter II–

1 (SOLAS chapter II–1), incorporation 

by reference approved for § 179.212. 

(2) [Reserved] 

95. Revise § 179.212 to read as 

follows: 

§ 179.212 Watertight bulkheads for 

subdivision. 

(a) Each passenger vessel of not 

greater than 65 feet (19.8 meters) in 

length must comply with paragraph (b) 

of this section if it: 

(1) Carries more than 49 passengers; 

or, 

(2) Is constructed of wood on or after 

March 11, 2001, and operates in cold 

water. 

(b) Except as provided in paragraph 

(d) of this section, each passenger vessel 

to which paragraph (a) of this section 

applies must comply with: 

(1) The Type II subdivision 

requirements of §§ 171.070 through 

171.073 in subchapter S of this chapter, 

if the vessel complies with either of the 

following: 

(i) Applicable intact stability 

requirements contained in subchapter S 

of this title; or, 

(ii) Another stability standard 

determined by the Commanding Officer, 

Marine Safety Center; or, 

(2) Section 179.220 of this part, if the 

vessel undergoes a simplified stability 

proof test in accordance with § 178.330 

of this title. 

(c) Except as provided in paragraph 

(d) of this section, each passenger vessel 

of greater than 65 feet (19.8 meters) in 

length, or a vessel constructed before 1 

January 2009 that is certificated to carry 

more than 12 passengers on an 

international voyage, must comply with 

the Type II subdivision requirements of 

§§ 171.070 through 171.073 in 

subchapter S of this chapter. 

(d) Each passenger vessel constructed 

on or after January 1, 2009, and issued 

a SOLAS Passenger Ship Safety 

Certificate, must meet the applicable 

requirements of SOLAS chapter II–1 

(incorporated by reference; see § 179.15) 

instead of the requirements of paragraph 

(b) or (c) of this section. For the 

purposes of this section, the applicable 

requirements of SOLAS chapter II–1 are 

equivalent to the requirements of 

paragraph (b) or (c) of this section. 


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Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 / Proposed Rules 49275 

96. In § 179.220—

a. In table 179.220(a) and in note 1 to 

table 179.220(a), remove the term ‘‘d’’

wherever it occurs and, in its place, add 

the term ‘‘x’’; and, 

b. Add paragraph (c) to read as 

follows: 

§ 179.220 Location of watertight bulkheads 

for subdivision. 

* * * * * 

(c) Calculations needed to 

demonstrate compliance with 

paragraphs (a) and (b) of this section 

must be submitted to, and approved by, 

the Commanding Officer, Marine Safety 

Center. 

PART 185—OPERATIONS 

97. 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; Department of Homeland Security 

Delegation No. 0170.1. 

98. In § 185.304, revise paragraph 

(a)(3) and add paragraph (b) to read as 

follows: 

§ 185.304 Navigation underway. 

(a) * * * 

(3) Prevailing and forecasted visibility 

and environmental conditions, 

including wind and waves; 

* * * * * 

(b) Masters of vessels not greater than 

65 feet (19.8 meters) in length must have 

means available, satisfactory to the 

OCMI, to obtain or monitor the latest 

marine broadcast in order to comply 

with the requirements of paragraph (a) 

of this section. 

99. In § 185.315, designate the 

existing paragraph as paragraph (a) and 

add paragraph (b) to read as follows: 

§ 185.315 Verification of vessel 

compliance with applicable stability 

requirements. 

(a) * * * 

(b) In order to fulfill the requirements 

of paragraph (a) of this section and 

avoid overloading the vessel, the master 

must take into account the total weight 

of passengers, crew, and variable loads. 

§ 185.602 [Amended] 

100. Amend § 185.602 as follows: 

a. In paragraph (b) introductory text, 

remove the words ‘‘that fits into any one 

of the following categories:’’ and add, in 

their place, the words ‘‘to which 

§ 178.310(a)(2) of this title applies.’’; 

b. Remove paragraphs (b)(1) through 

(b)(3); and 

c. In paragraph (c), remove the words 

‘‘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,’’. 

Dated: August 4, 2008. 

Brian M. Salerno, 

Rear Admiral, U.S. Coast Guard Assistant 

Comandant for Marine Safety, Security and 

Stewardship. 

[FR Doc. E8–18791 Filed 8–19–08; 8:45 am] 

BILLING CODE 4910–15–P 


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