[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Rules and Regulations]
[Pages 46672-46677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23444]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 28
[CGD 96-046]
RIN 2115-AF35
Commercial Fishing Industry Vessel Regulations
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is adopting with some changes, as final, the
interim rule which established requirements for safety equipment and
vessel operating procedures on commercial fishing industry vessels. The
Coast Guard issued these regulations to improve the overall safety of
U.S. Commercial Fishing Industry Vessels pursuant to the Commercial
Fishing Industry Vessel Safety Act of 1988.
DATES: This final rule is effective on October 6, 1997.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the office of the Executive Secretary, Marine
Safety Council (G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second
Street, SW., room 3406, Washington, DC 20593-0001, between 9:30 a.m.
and 2 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-267-1477.
FOR FURTHER INFORMATION CONTACT: Commander John J. Davin, Office of
Operating and Environmental Standards (G-MSO), telephone 202-267-1181,
fax 202-267-4570.
SUPPLEMENTARY INFORMATION:
Regulatory History
Commercial Fishing Industry Vessel Safety Act of 1988
On September 9, 1988, title 46 United States Code, was amended in
chapter 45 (Uninspected Commercial Fishing Industry Vessels, sections
4501 through 4508) by the Commercial Fishing Industry Vessel Safety Act
of 1988, Public Law 100-424 (``the Act''). The Act requires the
Secretary of Transportation to prescribe regulations for safety
equipment and vessel operating procedures on commercial fishing
industry vessels. The Secretary further delegated the authority to
regulate commercial fishing vessels to the commandant of the Coast
Guard. This rulemaking was initiated to implement certain provisions of
the Act. This rulemaking does not include requirements pertaining to
immersion
[[Page 46673]]
suits (found in CGD88-079c, Notice of Proposed Rulemaking dated May 20,
1993) or vessel stability; these provisions will be included in future
rulemaking.
Advance Notice of Proposed Rulemaking (ANPRM)
An ANPRM was published in the Federal Register on December 29, 1988
(53 FR 52735), addressing potential requirements for uninspected
fishing, fish processing, and fish tender vessels. In response to this
ANPRM, nearly 200 comment letters were received and considered in
developing the Notice of Proposed Rulemaking.
Notice of Proposed Rulemaking (NPRM)
On April 19, 1990, the Coast Guard published an NPRM in the Federal
Register (55 FR 14924), addressing proposed requirements for
uninspected fishing, fish processing, and fish tender vessels. In
response to the NPRM, the Coast Guard received 500 comments. On August
14, 1991, in order to expedite the regulation package for commercial
fishing industry vessels, the Coast Guard published a final rule.
Final Rule (FR)
A final rule entitled ``Commercial Fishing Industry Vessel
Regulations'' was published in the Federal Register (56 FR 40364).
These regulations are for U.S. documented or state numbered uninspected
fishing, fish processing, and fish tender vessels to implement
provisions of the Commercial Fishing Industry Vessel Safety Act of
1988. The final rule indicated that the below listed controversial
topics would be the subject of a subsequent supplemental notice of
proposed rulemaking (SNPRM).
Supplemental Notice of Proposed Rulemaking (SNPRM)
On October 27, 1992, the Coast Guard published an SNPRM in the
Federal Register (57 FR 48670). The controversial topics addressed in
the SNPRM included the Aleutian Trade Act of 1990 (Pub. L. 101-595);
stability for fishing vessels less than 79 feet in length;
administration of exemptions authorized by 46 U.S.C. 4506; termination
of unsafe operations; requirements for survival craft on fishing
vessels with 3 or fewer individuals on board operating within 12 miles
of the coastline and outside the boundary line; and acceptance criteria
for instructors and course curricula.
On October 24, 1995, the Coast Guard published a final rule
relating only to the Aleutian Trade Act (60 FR 54441).
The Coast Guard is working with the Commercial Fishing Industry
Vessel Advisory Committee to develop the stability section for vessels
less than 79 feet in length.
Interim Rule
An interim rule with request for comments entitled ``Commercial
Fishing Industry Vessel Regulations'', was published on November 5,
1996, in the Federal Register (61 FR 57268). The interim rule addressed
the four items not included in the final rule of August 14, 1991 (56 FR
40364) and made several technical corrections.
The Coast Guard received 104 letters commenting on the interim
rule. These include 72 form letters from commercial fishers and
commercial fishing associations, 13 letters from commercial fishers, 9
letters from commercial fishing associations, 2 letters from a member
of Congress, 2 letters from fishing publications, 2 letters from an
insurance concern, 1 letter from a naval architect/engineer, 1 letter
from an equipment manufacturer, 1 letter from a fishing vessel safety
organization, and 1 letter from a riverboat operation. Many of the
letters requested public meetings for their specific area. The Coast
Guard determined that a public meeting was unnecessary for this
rulemaking because the comments were substantive and represented all
aspects of the fishing industry. Additionally, the interim rule had a
comment period that ended on December 20, 1996. In response to many
comments received, an extension was published in the Federal Register
on December 27, 1996 (61 FR 68161) that extended the comment period
until February 20, 1997.
Discussion of Comments and Changes
No comments were received for Sec. 28.50 definitions, Sec. 28.320
fixed gas fire extinguishing systems, and Sec. 28.380 general
structural fire protection. Two commercial fishers questioned if the
freeing ports in Sec. 28.555 were required for vessels less than 50
feet in length. This is a moot point since this requirement is in a
subpart that applies only to commercial fishing industry vessels 79
feet or more in length. Additionally, we made a technical correction to
Sec. 28.225 and removed Note 2 from table 28.120(c) because it is not
applicable to that table.
Section 28.60 Exemption Letter
This section prescribed the mechanism to obtain an exemption for
commercial fishing industry vessels authorized under the Commercial
Fishing Industry Vessel Safety Act (46 U.S.C. 4506). Many of the form
letters and six letters commented that exemption granting authority
should be delegated to Coast Guard District Commanders. As discussed in
the interim rule, Coast Guard Headquarters, utilizing field unit and
district inputs, has implemented this program since August, 1991.
However, to expedite the approval process, this section is modified to
allow District Commanders the authority to issue exemption letters.
Section 28.65 Termination of Unsafe Operations
This section contains criteria for the voyage termination of a
commercial fishing industry vessel. Three comments were received
concerning Sec. 28.65(b)(11), which allows termination of the
operations if the vessel has an expired load line certificate. The
commenters pointed out that this is not sufficient to meet the
requirements of 46 U.S.C. 4502(2), which requires termination of
operations if the vessel does not have on board the certificate
required by 46 U.S.C. 4503(1). This certificate indicates that the
vessel meets all survey and classification requirements prescribed by
the American Bureau of Shipping, or other qualified organization
approved by the Secretary of Transportation. This certificate is more
detailed than a load line certificate. We agree with the commenters.
Load line requirements are already covered in Sec. 28.65(c), so
Sec. 28.65(b)(11) has been modified to reflect the requirement of 46
U.S.C. 4505(2). Also, a comment was received that the wording of the
load line requirement should not just be for a document check, but
rather compliance with all the provisions of a load line certificate.
The Coast Guard agrees and has revised the load line wording in this
section.
A comment was received which emphasized the importance of Coast
Guard Boarding Officer training and knowledge of the requirements
before terminating a voyage. As stated in the interim rule, Coast Guard
agrees that a vessel termination is an action that must be utilized
with care. The Coast Guard has determined that no vessel operation
should be terminated without the approval of the cognizant District
Commander or a member of his/her staff authorized to make this
determination. As a safeguard against any indiscriminate judgments, a
Boarding Officer may not terminate a vessel's operations, but must
objectively assess the vessel's condition and report the facts to
superiors who, in turn, will evaluate the situation surrounding the
case and make the final determination.
[[Page 46674]]
Section 28.120 Survival Craft
This section deals with the carriage of survival craft for vessels
less than 36 feet in length with 3 or fewer persons onboard within 12
miles of the coastline, and vessels 36 feet or more in length operating
within 12 miles of the coastline. A correction to table 28.120(a) was
published in the Federal Register on December 27, 1996 (61 FR 68161) to
include a ``see note 2'' to allow buoyant apparatus if a vessel over 36
feet in length stays within 12 miles of the coastline.
As with the SNPRM of October 1992, this section received the most
comments, for and against the proposed provisions. The majority of
comments came from letters contending that ``* * * Congress intended to
exempt vessels less than 36 feet operating inside 3 miles from all
types of survival craft, not just inflatable life rafts. This change
will cost one fishery alone over $1,000,000.'' The Coast Guard agrees
with the form letters in their monetary assessment of this rulemaking.
In the regulatory assessment, the Coast Guard stated that if 20,000
commercial fishing vessels purchased a buoyant apparatus, it would cost
the industry $9.8 million. Therefore, if a fishery of 2,000 vessels
outfitted its vessels with a buoyant apparatus costing $500 apiece, the
cost to the fishery could be one million dollars.
The Coast Guard does not concur with this interpretation that
Congress intended to provide a blanket exemption to vessels less than
36 feet in length operating inside three miles from all types of
survival craft. The Congressional exemption can be found in 46 U.S.C.
4506 which exempts vessels less than 36 feet in length not operating on
the high seas (within 12 miles) from having to carry life rafts or
lifeboats. Congress' intent in implementing this law was very specific
in describing survival craft as illustrated by the requirement for a
buoyant apparatus found in 46 U.S.C. 4502(a)(6). Additionally, five
comments stated that a buoyant apparatus is too bulky and could impede
the vessel's operation. Some inspected small passenger vessels carry
this same equipment without impeding operations. As an option, an
approved buoyant apparatus in the shape of a ring that can easily be
mounted on a bulkhead or overhead and could not interfere with fishing
operations is available commercially. Also, another equipment
manufacturer offers an approved buoyant apparatus which forms a Bimini-
style hard top over an open cockpit. Quick-release latches allow it to
be rapidly launched in case of an emergency. Therefore, the Coast Guard
has continued this requirement.
Five comments stated that day boats should not require any type of
survival craft primarily because these boats normally operate in the
vicinity of other such boats. This point was addressed in the SNPRM (57
FR 48674), in which the Coast Guard determined that every vessel is a
separate entity and that relying on other vessels constitutes an
unneccessary risk.
Three comments questioned why 36 feet in length was used, and one
comment stated that the regulations should be changed to 50 feet in
length. 46 U.S.C. 4506(b) establishes the length requirement that has
been implemented into the regulations.
Two comments received recommended the use of a recreational
inflatable craft as a survival craft. This issue was addressed
extensively in the final rule published in the Federal Register (56 FR
40370) on August 14, 1991. In that rule, we discussed in depth our
concerns about using unapproved rafts for survival craft and the
reasons for not accepting these crafts.
Two comments noted that a buoyant apparatus would not be effective
for smaller vessels in cold waters. The Coast Guard agrees that in cold
water a vessel should carry a survival craft that will keep persons out
of the water. However, when the Coast Guard proposed inflatable buoyant
apparatus for this size of vessel, the proposal was found to be cost
prohibitive due to initial cost, annual servicing costs, and space and
weight considerations. The Coast Guard encourages vessel owners,
operators, and insurance companies (through incentives), where safe, to
exceed the minimum standards set forth in these regulations and outfit
each vessel with an inflatable buoyant apparatus.
Two comments supported the carriage of buoyant apparatus as
proposed. Also, two comments requested that the Coast Guard include the
carriage substitution in note 2 to the 28.120 tables to the category
``Beyond Boundary Line, within 20 miles of coastline, warm waters''
listed in the ``Area'' column. At present, the Coast Guard requires a
life float for this area. The Coast Guard agrees that for consistency
between the areas, a buoyant apparatus may be carried if the vessel
meets and follows the criteria found in note 2 and Sec. 28.120(c).
Section 28.270 Instruction, Drills, and Safety Orientation
This section modified paragraph (c) to strengthen the instructor
and training requirements for an individual licensed by the U.S. Coast
Guard to operate a vessel of 100 gross tons or more. These individuals
must comply with the requirements of Sec. 28.275. One comment received
wanted clarification to Sec. 28.270(c) as to whether a licensed
individual must meet all of Sec. 28.275, or just Sec. 28.275(a)(2). We
agree that the second sentence does cause confusion and have removed it
from the final rule to clarify that all individuals must meet the
criteria found in Sec. 28.275.
One comment stated that the weak link in these regulations is the
lack of licensing operators of commercial fishing industry vessels.
Both the Coast Guard and the Commercial Fishing Industry Vessel
Advisory Committee (CFIVAC) have determined that the licensing of
commercial fishing vessel operators, with emphasis on training, is
necessary to reduce casualties caused by human error and to improve the
historically poor safety record of the fishing vessel industry. The
Coast Guard agrees, but lacks statutory authority to implement a
licensing plan and notes that licensing of operators of commercial
fishing industry vessels is beyond the scope of this rulemaking.
Another commenter urged the Coast Guard to make the logging of
drills mandatory to supplement the drill requirements under our current
regulations. The Coast Guard agrees, however, this would have to be
addressed as a proposal in a future rulemaking.
Section 28.275 Acceptance Criteria for Instructors and Course
Curricula
This section amended the experience and training provisions for
persons with a Coast Guard issued license of 100 gross tons or more.
One commenter, supporting our amendments, stated that this provision
was overdue; and that a license was not necessarily an indicator that
the holder knew the elements of safety and survival at sea, or was
capable or training others. Further, two commenters requested that we
include in this section a reasonable time frame, to enable licensed
individuals to comply with the experience and training requirements.
The Coast Guard agrees and has placed a note in this section to
grandfather existing license holders without fishing experience until
September 15, 1998. This allows them additional time to comply with
these provisions.
[[Page 46675]]
Two commenters opposed the provision that requires training and
fishing experience because an operator with the knowledge and
experience to qualify for a Coast Guard license has the knowledge and
wherewithal to conduct monthly safety drills aboard his/her vessel.
While earning a Coast Guard license does show a certain degree of skill
and knowledge, the license does not specifically cover the 10
contingencies required in Sec. 28.270. Furthermore, Sec. 28.270 applies
to individuals that may not have Coast Guard licenses. Therefore, the
Coast Guard continues to require this provision.
Two comments recommended that the 8 hour course curriculum
(minimum) currently found in Navigation and Vessel Inspection Circular
7-93 be placed in this section of the regulations. The Coast Guard and
the Commercial Fishing Industry Vessel Advisory Committee agree with
this recommendation. However, because it is not Coast Guard policy to
place specific course requirements in terms of hours in the
regulations, we have not done so.
Regulatory Assessment
This rule is a non-significant regulatory action under 3(f) of
Executive Order 12866 and is non-significant under the Department of
Transportation Regulatory Policies and Procedures (44 FR 11040,
February 26, 1979). It has been reviewed by the Office of Management
and Budget under that Order. The Coast Guard has prepared a regulatory
assessment and placed it in the rulemaking docket. The assessment may
be inspected and copied at the address listed under ADDRESSES.
Because this final rule represents administrative changes to the
interim rule and in no way affects the costs or benefits described in
the interim rule (61 FR 57271), this Regulatory Assessment is adopted
with no changes.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The economic impact on small entities by this rule will be with
commercial fishing industry vessels either 10.97 meters (36 feet) or
more in length that operate within 12 miles of the coast or less than
10.97 meters (36 feet) in length operating within 12 miles of the
coastline with 4 or more persons. An estimated 20,000 state numbered or
documented commercial fishing vessels might be affected by this rule.
These vessels will incur a capital cost estimated to be between $400
and $500 with no annual recurring cost. The cost is the same for part-
time and seasonal operators as it is for full-time operators. This rule
has a minimal, nonrecurring cost and furthermore, no comments were
received concerning this section. Therefore, the Coast Guard certifies
under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) that this final rule will not have a significant economic impact
on a substantial number of small entities.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to help small entities understand this rule so that they can
better evaluate its effects on them. If your small business or
organization is affected by this rule and you have questions concerning
its provisions or options for compliance, please contact Commander John
J. Davin, Office of Operating and Environmental Standards (G-MSO),
telephone 202-267-1181 or fax 202-267-4570.
Collection of Information
This final rule provides for a collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). As required
by 5 U.S.C. 3507(d), the Coast Guard submitted a copy of the interim
rule to the Office of Management and Budget (OMB) for its review and
approval of the collection of information. OMB approved the collection.
The section numbers are Secs. 28.60, 28.80, 28.90, and 28.275, and the
corresponding approval number from OMB is OMB Control Number 2115-0582,
which expires on August 31, 1998.
Persons are not required to respond to a collection of information
unless it displays a currently valid OMB control number.
Federalism
The Coast Guard has analyzed this rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2 of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation. These rules are expected to have no
significant effect on the environment. A Categorical Exclusion
Determination statement has been prepared and placed in the rulemaking
docket.
List of Subjects in 46 CFR Part 28
Fire prevention, Fishing vessels, Marine safety, Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
Accordingly, the interim rule amending 46 CFR part 28 which was
published in the Federal Register (61 FR 57268) on November 5, 1996, is
adopted as a final rule with the following changes:
PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS
1. The authority citation for part 28 continues to read as follows:
Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; 49 CFR
1.46.
2. Revise Sec. 28.60 to read as follows:
Sec. 28.60 Exemption letter.
(a) Types of exemptions. (1) Specific exemption means an exemption
for an individual commercial fishing industry vessel.
(2) Class exemption means an exemption for a class or fleet of
commercial fishing industry vessels.
(b) Exemption procedure. A request for an exemption of either type
must be in writing, have specific reasons for the request, and be sent
to the Coast Guard District Office having jurisdiction over the waters
where the vessel(s) will be operating. Coast Guard District
geographical areas are described in 33 CFR part 3. The District
Commander will review the request to determine that:
(1) Good cause exists for granting an exemption; and
(2) The safety of the vessel and those on board will not be
adversely affected.
(c) The District Commander will either approve or deny the request
in writing. In granting a request, the District Commander will specify
the terms under which the exemption is granted and distribute the
letter describing these terms to the party or parties requesting the
exemption.
(d) Exemption letter. Exemption letters, or suitable copies,
describing the
[[Page 46676]]
terms under which the exemption is granted shall be maintained at all
times on board each vessel to which any exemption applies.
(e) Right of appeal. Any person directly affected by a decision or
action taken under this part may appeal in accordance with Sec. 1.03 of
this chapter.
(f) Rescinding an exemption letter. Exemptions granted may be
rescinded by the District Commander if it is subsequently determined
that the safety of the vessel and those onboard is adversely affected.
3. Amend Sec. 28.65 by revising paragraphs (b)(11) and (c) to read
as follows:
Sec. 28.65 Termination of unsafe operations.
* * * * *
(b) * * *
(11) A missing or expired certificate of class, as required by 46
U.S.C. 4503(1), for a fish processing vessel.
(c) A Coast Guard Boarding Officer may direct the individual in
charge of a fish processing vessel that is missing a Load Line
Certificate, or that does not comply with the provisions of the Load
Line Certificate issued by the American Bureau of Shipping or a
similarly qualified organization, to return the vessel to a mooring and
to remain there until the vessel obtains such a certificate.
4. Amend Sec. 28.120 by revising tables 28.120 (a), (b), and (c) to
read as follows:
Table 28.120(a).--Survival Craft for Documented Vessels
------------------------------------------------------------------------
Survival craft
Area Vessel type required
------------------------------------------------------------------------
Beyond 50 miles of coastline.... All............... Inflatable
liferaft with
SOLAS A pack.
Between 20-50 miles of All............... Inflatable
coastline, cold waters. liferaft with
SOLAS B pack
Between 20-50 miles of All............... Inflatable
coastline, warm waters. liferaft.
Beyond Boundary Line, between 12- All............... Inflatable
20 miles of coastline, cold liferaft.
waters.
Beyond Boundary Line, within 12 10.97 meters (36 Inflatable buoyant
miles of coastline, cold waters. ft) or more in apparatus. See
length. note 2.
Beyond Boundary Line, within 12 Less than 10.97 Buoyant apparatus.
miles of coastline, cold waters. meters (36 ft) in See note 2.
length.
Beyond Boundary Line, within 20 All............... Life float. See
miles of coastline, warm waters. note 2.
Inside Boundary Line, cold 10.97 meters (36 Inflatable buoyant
waters; or Lakes, bays, sounds, ft) or more in apparatus. See
cold waters; or Rivers, cold length. note 2.
waters.
Inside Boundary Line, cold Less than 10.97 Buoyant apparatus.
waters; or Lakes, bays, sounds, meters (36 ft) in See note 2.
cold waters; or Rivers, cold length.
waters.
Inside Boundary Line, warm All............... None.
waters; or Lakes, bays, sounds,
warm waters; or Rivers, warm
waters.
Great Lakes, cold waters........ 10.97 meters (36 Inflatable buoyant
ft) or more in apparatus. See
length. note 2.
Great Lakes, cold waters........ Less than 10.97 Buoyant apparatus.
meters (36 ft) in See note 2.
length.
Great Lakes, beyond 3 miles of All............... Buoyant apparatus.
coastline, warm waters. See note 2.
Great Lakes, within 3 miles of All............... None.
coastline, warm waters.
------------------------------------------------------------------------
Note: 1. The hierarchy of survival craft in descending order is
lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft
with SOLAS B pack, inflatable liferaft with coastal service pack,
inflatable buoyant apparatus, life float, buoyant apparatus. A
survival craft higher in the hierarchy may be substituted for any
survival craft required in this table.
2. If a vessel carries 3 or fewer individuals within 12 miles of the
coastline, see Sec. 28.120 (b) and (c) for carriage substitution.
Table 28.120(b).--Survival Craft for Undocumented Vessels With Not More
Than 16 Individuals on Board
------------------------------------------------------------------------
Survival craft
Area Vessel type required
------------------------------------------------------------------------
Beyond 20 miles of coastline.... All............... Inflatable buoyant
apparatus.
Beyond Boundary Line, between 12- All............... Inflatable buoyant
20 miles of coastline, cold apparatus.
waters.
Beyond Boundary Line, within 12 10.97 meters (36 Buoyant apparatus.
miles of coastline, cold waters. ft) or more in
length.
Beyond Boundary Line, within 12 Less than 10.97 Buoyant apparatus.
miles of coastline, cold waters. meters (36 ft) in See note 2.
length.
Beyond Boundary Line, within 20 All............... Life float. See
miles of coastline, warm waters. note 2.
Inside Boundary Line, cold 10.97 meters (36 Buoyant apparatus.
waters; or Lakes, bays, sounds, ft) or more in
cold waters; or Rivers, cold length.
waters.
Inside Boundary Line, cold Less than 10.97 Buoyant apparatus.
waters; or Lakes, bays, sounds, meters (36 ft) in See note 2.
cold waters; or Rivers, cold length.
waters.
Inside Boundary Line, warm All............... None.
waters; or Lakes, bays, sounds,
warm waters; or Rivers, warm
waters.
Great Lakes, cold waters........ All............... Buoyant apparatus.
See note 2.
Great Lakes, beyond 3 miles of All............... Buoyant apparatus.
coastline, warm waters. See note 2.
Great Lakes, within 3 miles of All............... None.
coastline, warm waters.
------------------------------------------------------------------------
Note: 1. The hierarchy of survival craft in descending order is
lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft
with SOLAS B pack, inflatable liferaft with coastal service pack,
inflatable buoyant apparatus, life float, buoyant apparatus. A
survival craft higher in the hierarchy may be substituted for any
survival craft required in this table.
2. If a vessel carries 3 or fewer individuals within 12 miles of the
coastline, see Sec. 28.120 (b) and (c) for carriage substitution.
[[Page 46677]]
Table 28.120(c).--Survival Craft for Undocumented Vessels With More Than
16 Individuals on Board
------------------------------------------------------------------------
Survival craft
Area Vessel type required
------------------------------------------------------------------------
Beyond 50 miles of coastline.... All............... Inflatable
liferaft with
SOLAS A pack.
Beyond 20-50 miles of coastline, All............... Inflatable
cold waters. liferaft with
SOLAS B pack.
Beyond 20-50 miles of coastline, All............... Inflatable
warm waters. liferaft.
Beyond Boundary Line, between 12- All............... Inflatable
20 miles of coastline, cold liferaft.
waters.
Beyond Boundary Line, within 12 10.97 meters (36 Inflatable buoyant
miles of coastline, cold waters. ft) or more in apparatus.
length.
Beyond Boundary Line, within 12 Less than 10.97 Buoyant apparatus.
miles of coastline, cold waters. (36 ft) in length.
Beyond Boundary Line, within 20 All............... Life float.
miles of coastline, warm waters.
Inside Boundary Line, cold 10.97 meters (36 Inflatable buoyant
waters; or Lakes, bays, sounds, ft) or more in apparatus.
cold waters; or Rivers, cold length.
waters.
Inside Boundary Line, cold Less than 10.97 Buoyant apparatus.
waters; or Lakes, bays, sounds, meters (36 ft) in
cold waters; or Rivers, cold length.
waters.
Inside Boundary Line, warm All............... None.
waters; or Lakes, bays, sounds,
warm waters; or Rivers, warm
waters.
Great Lakes, cold waters........ 10.97 meters (36 Inflatable buoyant
ft) or more in apparatus.
length.
Great Lakes, cold waters........ Less than 10.97 Buoyant apparatus.
meters (36 ft) in
length.
Great Lakes, beyond 3 miles of All............... Buoyant apparatus.
coastline, warm waters.
Great Lakes, within 3 miles of All............... None.
coastline, warm waters.
------------------------------------------------------------------------
Note: 1. The hierarchy of survival craft in descending order is
lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft
with SOLAS B pack, inflatable liferaft with coastal service pack,
inflatable buoyant apparatus, life float, buoyant apparatus. A
survival craft higher in the hierarchy may be substituted for any
survival craft required in this table.
5. Amend Sec. 28.225 by revising paragraphs (a)(3)(i) and
(a)(3)(ii) to read as follows:
Sec. 28.225 Navigational information.
(a) * * *
(3) * * *
(i) Tide tables promulgated by the National Ocean Service; and
(ii) Tidal current tables promulgated by the National Ocean
Service, or a river current publication issued by the U.S. Corps of
Engineers or a river authority.
* * * * *
6. Amend Sec. 28.270 by revising paragraph (c) to read as follows:
Sec. 28.270 Instructions, drills, and safety orientation.
* * * * *
(c) Training. No individual may conduct the drills or provide the
instructions required by this section unless that individual has been
trained in the proper procedures for conducting the activity.
* * * * *
7. Amend Sec. 28.275 by revising paragraph (a)(2) and adding
paragraph (a)(3) and a note following paragraph (a)(3)(ii) to this
section to read as follows:
Sec. 28.275 Acceptance criteria for instructors and course curricula.
(a) * * *
(2) A valid merchant mariner's license issued by the Coast Guard
authorizing service as master of uninspected fishing industry vessels
and proof of experience that relates directly to the contingencies
listed in 46 CFR 28.270(a) including--
(i) Experience as an instructor; or
(ii) Training received in instructional methods; or
(3) A valid merchant mariner's license issued by the Coast Guard
authorizing service as a master of inspected vessels of 100 gross tons
or more and proof of experience that relates directly to the
contingencies listed in 46 CFR 28.270(a) including--
(i) Experience as an instructor; or
(ii) Training received in instructional methods. (See note 1.)
Note 1: Persons holding a license authorizing service as a
master of inspected vessels of 100 gross tons or higher with an
original issue date prior to May 1, 1997, have until September 15,
1998, to comply with the provisions listed in Sec. 28.275(a)(3).
* * * * *
Dated: July 17, 1997.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine, Safety
and Environmental Protection.
[FR Doc. 97-23444 Filed 9-3-97; 8:45 am]
BILLING CODE 4910-14-M
