[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Rules and Regulations]
[Pages 52802-52822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25929]
[[Page 52801]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
46 CFR Parts 28, 107, 108, etc.
Lifesaving Equipment; Final Rule
Federal Register / Vol. 63, No. 190 / Thursday, October 1, 1998 /
Rules and Regulations
[[Page 52802]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 28, 107, 108, 109, 133, 168, and 199
[CGD 84-069]
RIN 2115-AB72
Lifesaving Equipment
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard adopts as final, with changes, an interim rule
published on May 20, 1996 that revises the lifesaving equipment
regulations for U.S. inspected vessels.
DATES: This final rule is effective November 2, 1998.
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: Mr. Robert Markle, Chief, Lifesaving
and Fire Safety Standards Division (G-MSE-4), U.S. Coast Guard
Headquarters, by e-mail at RMarkle@comdt.uscg.mil, telephone at (202)
267-1444, or fax at (202) 267-1069.
SUPPLEMENTARY INFORMATION:
Regulatory History
The Coast Guard published an advance notice of proposed rulemaking
(ANPRM) in the Federal Register on December 31, 1984 (49 FR 50745). A
notice of proposed rulemaking (NPRM) was published in the Federal
Register on April 21, 1989 (54 FR 16196), inviting comments on the
proposed rule. A public hearing was held to receive comments on the
proposed rules, particularly the provisions affecting passenger
ferries. The hearing was announced in a Federal Register notice on
October 5, 1989 (54 FR 41124), and the hearing was held in Seattle,
Washington, on October 17, 1989.
On May 20, 1996, the Coast Guard published an interim rule entitled
``Lifesaving Equipment'' in the Federal Register (61 FR 25272). The
interim rule requested comments because the NPRM was published more
than five years before. The Coast Guard received 34 letters commenting
on the interim rule. A public meeting was requested, and one was held
on September 25, 1996, in Des Plaines, Illinois, to receive views on
the requirements for passenger vessels. Notice of the public meeting
was published in the Federal Register on August 26, 1996 (61 FR 43685).
Twenty-eight people attended the meeting and nine presented oral
comments during the meeting. These comments articulated the economic
impacts of implementation which differed greatly between passenger
vessels and other commercial vessels. The Coast Guard agreed and on
February 19, 1997 published a partial suspension and request for
comments (62 FR 7360) which delayed the need to implement some portions
of the rule, particularly those affecting passenger vessels until the
Coast Guard could reassess the costs and benefits to passenger vessels.
The resulting revisions are addressed in the regulatory assessment that
accompanies this final rule. Detailed discussion of comments received
can be found under ``Discussion of Comments and Changes.''
Background and Purpose
This project is part of the President's Regulatory Review
Initiative to remove or revise unnecessary government regulations. This
project removed numerous obsolete sections from the Code of Federal
Regulations (CFR) and eliminated others by consolidating the lifesaving
requirements for most U.S. inspected vessels in the new subchapter W in
46 CFR ch. I. Subchapter W also replaced many prescriptive regulations
with performance-based alternatives.
You can find more detailed background information in the preamble
of the interim rule (61 FR 25272) under SUPPLEMENTARY INFORMATION.
Discussion of Comments and Changes
The Coast Guard received 34 comments on the interim rule. The
comments include letters to the docket and remarks at the public
meeting.
Applicability
A number of comments indicated that there was confusion about
Sec. 199.10, which addresses the applicability of Subchapter W.
In order to clarify this section, each major paragraph within
Sec. 199.10 has been given a subject heading. In addition, a new table,
199.10(a), summarizes the applicability of this section to each type of
inspected vessel.
Existing Vessels
Changing Lifeboat Equipment. A number of comments indicated
confusion about which provisions apply to vessels constructed before
the interim rule came into effect. The comments requested clarification
on when a vessel must be retrofitted with required equipment.
In general, vessels constructed before October 1, 1996 may retain
the ``arrangement'' of then existing lifesaving equipment on the
vessel, unless the regulations specifically require retrofit. Wording
to this effect is contained in Secs. 108.515(a)(3), 133.10(b)(3), and
199.10(h)(1)(iv). Although ``arrangement'' was not defined, the Coast
Guard intended a broad interpretation. For instance, it was not
intended that vessel owners should immediately change all of the
existing lifesaving equipment markings to the IMO symbols required
under Sec. 199.178(a), although this would remain an option. New or
additional equipment required by this rule would not have to be added
unless specifically required in Secs. 108.515, 133.10 or 199.10.
Nor should owners change equipment in existing lifeboats to the new
listing in either Table 108.575(b) or Sec. 199.175. The new listings
are intended for modern totally enclosed or partially enclosed
lifeboats. Owners who want to convert to the new equipment should refer
to the Coast Guard's Navigation and Vessel Inspection Circular (NVIC)
2-92 for guidance. NVICs can be purchased from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161,
telephone (sales desk) (800) 553-NTIS (6847) or (703) 605-6000, fax
orders (703) 321-8547, or E-mail orders@ntis.fedworld.gov. NVICs are
also available on the World Wide Web at <>http://www.uscg.mil/hq/g-m/
nvic/index.htm>.
Retrofit of rescue boats on ferries. One comment from the operator
of a Great Lakes ferry noted that Table 199.630, together with
Secs. 199.10(h)(1)(ii) and 199.202, would require a ferry on the Great
Lakes to retrofit rescue boats.
Ferries are not required to retrofit rescue boats. Section
199.10(h)(1)(ii) may require certain passenger vessels to retrofit
``survival craft'', but rescue boats are specifically excluded from the
definition of ``survival craft'' in this part.
Use of pooled equipment. One comment noted that Secs. 199.10(d)(5)
and (i) might require an owner to upgrade lifesaving equipment on an
old ship with a limited remaining service life, and not allow the use
of lifesaving equipment from a pool of older equipment salvaged from
other ships.
The Coast Guard does not believe that this will be a problem.
Sections 199.10(i)(1) and (2) specifically allow
[[Page 52803]]
the use of older lifeboats, davits, and winches in cases in which the
entire lifeboat installation does not have to be replaced. Normally, a
damaged lifeboat can be replaced without replacing the davit and winch.
The Coast Guard believes an owner's use of a pool of equipment is
reasonable, and that these situations can be resolved on a case-by-case
basis, as long as there is no conflict with SOLAS.
Permissively manned Great Lakes barges. One comment suggested that
permissively manned Great Lakes barges be specifically exempted from
subchapter W. These vessels were recently required to be inspected, and
the comment stated that while these vessels would be significantly
affected by the regulations, the owners had no opportunity to comment
on the regulations because these barges would not have been affected at
the time the NPRM was published.
The Coast Guard has not exempted manned Great Lakes barges from the
regulations, however, Sec. 199.10(h)(1)(iv) permits vessels constructed
before October 1, 1996 to retain their present lifesaving arrangements.
Most new barges are exempt from EPIRB and rescue boat requirements
under Sec. 199.610(a)(1). In addition Sec. 199.20(d) authorizes the
District Commander to grant further exemptions, if appropriate.
International Rules Applied to Domestic Services
SOLAS rules and domestic vessels. A number of comments suggested
that the Coast Guard was improperly applying international or SOLAS
rules to domestic vessels.
The Coast Guard used SOLAS terms and organization to write the
regulations in Parts B, C, and D of Subchapter W, but did not apply all
of the international regulations to vessels in domestic services. Parts
E and F apply to vessels in domestic services and clearly exclude
domestic vessels from international requirements that do not apply to
them. The regulations allow vessels that meet international standards
to be used in domestic services; however, they do not mandate that
domestic service vessels comply with international standards. The Coast
Guard could have organized the regulations differently by providing
completely different sections for international and domestic services.
Though the numbers and types of lifesaving equipment are different for
SOLAS and domestic services, many of the basic requirements are the
same. Consequently, a separate section of regulation for each type of
domestic service would needlessly increase the size of subchapter W. In
the past, separate sections covering different services have led to
inconsistencies that the Coast Guard wishes to avoid.
International voyage. One comment objected to the definition in
Sec. 199.30 of international voyage as applied to tank vessels because
it included voyages between the continental United States and Alaska or
Hawaii. The comment stated that owners should not be required to get a
SOLAS Safety Equipment Certificate for these voyages.
The definition has not been revised. It is consistent with current
regulations for passenger and cargo ships in Secs. 70.05-10(a)(2)(iii)
and 90.05-10(a)(2)(iii), respectively, which include voyages between
the continental United States and Alaska or Hawaii as international
voyages for the purposes of the regulations. A comparable paragraph
does not appear in Sec. 30.01-6(a)(2) for tank vessels. The regulation
in subchapter W does not mean that tank vessels on domestic voyages
between Alaska and the continental United States now have to obtain
SOLAS Safety Equipment Certificates. It does mean that they have to
meet the same lifesaving equipment requirements as vessels on
international voyages. An examination of Tables 199.610(a), 199.610(c),
199.620(a), and 199.640(a), shows that the differences between the
requirements for large tank vessels on international voyages and those
in domestic ocean service are minimal. However, the effect of
Sec. 199.10(d)(5) on tank vessels constructed between July 1, 1986 and
October 1, 1996, that are engaged in voyages between the continental
United States and Alaska or Hawaii, would be to require them to
retrofit their lifesaving equipment to meet SOLAS requirements. This
was unintended, so Sec. 199.10(d)(5) has been revised to exclude tank
vessels constructed before October 1, 1996 that are engaged in voyages
between the continental United States and Alaska or Hawaii from all of
the SOLAS requirements.
Lifesaving Systems for Passenger Vessels in Domestic Services
Inflatable buoyant apparatus. A number of comments from operators
of passenger vessels in lakes, bays and sounds, and river services
objected to the requirements for the carriage of inflatable buoyant
apparatus on vessels which have never had to carry significant
quantities of lifesaving equipment. For instance, large ferries,
accommodating as many as 5,000 persons, only had to carry a lifeboat
for 36 persons. These vessels had typically substituted two 20-person
inflatable liferafts and one or two oar-propelled rescue boats for this
lifeboat. These operators are justifiably proud of their excellent
safety record over the past 35 years; no fatality due to a casualty has
been suffered over this period on any inspected U.S. passenger vessel
over 100 gross tons. One operator objected to being ``penalized'' for
their perfect safety record by having to buy and maintain needless
lifesaving equipment. A number of comments questioned the Regulatory
Assessment because it seemed to say that over 100 people had died in
the past five years in casualties involving passenger vessels.
Because of these objections, the Coast Guard issued a partial
suspension of the Interim Rule on February 19, 1997, as it applied to
vessels constructed before October 1, 1996. The Regulatory Assessment
has been revised, as discussed more fully in the sections titled
``Assessment.'' Although a few revisions have been made to the
regulations, as discussed below, the Coast Guard has concluded that, in
general, the regulations in the interim rule were appropriate.
Increased lifesaving requirements. A number of operators of
passenger vessels in lakes, bays and sounds service, or in river
service, objected to the increased lifesaving requirements. There were
many reasons given for the objections. One comment included an
extensive discussion of the report ``Improving Maritime Traffic Safety
on Puget Sound Waterways'' referred to in the NPRM. The comment argued
that the report contained so many invalid assumptions and incorrect
statements that it could not be used as the basis for justifying a
requirement to provide sufficient inflatable buoyant apparatus for
everyone on board ferries. Furthermore, the comment stated the
requirement of the Coast Guard Authorization Act of 1984 ``to develop
improved lifesaving equipment for use on ferries'' had been met with
the development in recent years of several new lifesaving systems and
the comment stated that the Act did not specifically mandate that
greater quantities of lifesaving equipment be carried.
The Coast Guard believes that Congress intended for the Coast Guard
to make the changes necessary to improve lifesaving equipment on
ferries. The regulations in Subchapter W make improvements in the
lifesaving systems on ferries, but in addition, provide alternatives
for ferries and other passenger vessels in Great Lakes services, lakes,
bays, and sounds services, and river services. Alternatives, developed
through a safety assessment, will allow operators to
[[Page 52804]]
develop different and possibly better ways to plan for the abandonment
of a vessel in distress.
The Coast Guard has made some revisions to the requirements in the
interim rule. The quantity of inflatable buoyant apparatus in cold
water lakes, bays, and sounds service has been reduced from 100% to 67%
of the number of persons on board. Inflatable buoyant apparatus are
rated for their open water carrying capacity. In waters where high
waves are not expected, such as those typically found in lakes, bays,
sounds, and rivers, inflatable buoyant apparatus can be loaded to 50%
above their rated capacity, and during their approval testing, they are
tested in 0.9 m (3 ft.) high waves to ensure that they can be safely
used in the ``overloaded'' condition. Therefore, a vessel carrying
inflatable buoyant apparatus with rated capacities totaling 67% of the
persons permitted on board can actually accommodate 100% of the number
of persons on board in water where high waves are not expected. Section
199.630(g) has been revised to clarify this point.
Some operators commented that much of the expense of meeting the
interim rule requirements would come from hiring persons to be on board
solely for the purpose of being available to launch and operate the
inflatable buoyant apparatus. The Coast Guard has revised the
regulations to provide for the possibility of reducing some of the cost
impact of the additional manning required. The Coast Guard recognizes
that some launching and embarkation arrangements might not require a
trained person to be placed in charge of each inflatable buoyant
apparatus. Furthermore, some vessels, especially ferries, are sized to
handle peak passenger loads and may carry fewer people at other times.
On these trips with lighter loads, it would not be necessary to launch
all of the survival craft in an abandonment. Table 199.630 and
Sec. 199.630 have been revised by adding a new paragraph (l), stating
that a deck officer, able seaman, certificated person, or person
practiced in the handling of liferafts or inflatable buoyant apparatus
is not required to be placed in charge of each inflatable buoyant
apparatus, provided that there is a sufficient number of such persons
on board to launch the inflatable buoyant apparatus and supervise the
embarkation of the passengers. Paragraph (l) also says the number of
persons on board for the purpose of launching and operating inflatable
buoyant apparatus may be reduced during any voyage where the vessel is
carrying less than the number of passengers permitted on board, and the
number of such persons is adequate to launch and operate sufficient
survival craft to accommodate everyone on board.
46 CFR subchapter K requirements. One comment suggested that the
Coast Guard revise subchapter W to be more consistent with the
lifesaving requirements in 46 CFR subchapter K. Subchapter K applies to
passenger vessels under 100 gross tons, which carry more than 150
passengers, or have overnight accommodations for more than 49
passengers.
The Coast Guard does not agree with this comment. Subchapter K
vessels are smaller and generally carry fewer persons than those to
which Subchapter W applies, therefore presenting a lower level of risk
in the case of an accident that would require the abandonment of the
vessel. Space and weight can be more of a problem on these smaller
vessels than on vessels to which Subchapter W applies. For these
reasons, no changes have been made as a result of this comment.
Sections 199.10(h)(1)(i), (h)(1)(ii), and (h)(1)(iii). The Coast
Guard is reinstating these sections which apply certain Subchapter W
regulations to passenger vessels not subject to SOLAS. Section
199.10(h)(1)(i) also applies to cargo vessels not subject to SOLAS. The
effective date of this paragraph was October 1, 1997, before suspension
of the regulation. This date has been set back to October 1, 1999,
approximately one year after the effective date of this rule. The
effective date for Secs. 199.10(h) (1)(ii) and (h)(1)(iii) has been
changed to October 1, 2003, approximately five years after the
effective date of this rule.
Survival craft exemption. One comment stated that there was no
survival craft exemption provided for a passenger vessel that was
always close to shore where it could discharge passengers quickly in an
emergency. Another comment suggested that an additional exemption from
survival craft requirements be added for vessels which can return to
shore within 15 minutes.
The Coast Guard does not agree with the suggestion to provide a
blanket exemption for vessels which operate close to shore. The shore
may or may not provide an appropriate place to land persons in safety.
The safety assessment alternative in Sec. 199.630(f), elsewhere in this
preamble, was developed to evaluate such situations.
Launching appliances. One comment stated that under
Secs. 199.630(d) and (e), the Coast Guard should accept ``other safe
and effective means'' for boarding survival craft on riverboats, other
than launching appliances, as in Sec. 199.110(f)(4).
The Coast Guard believes that the freeboard on most riverboats will
be less than 3 meters so that, under Sec. 199.630(d)(1), launching
appliances will probably not be required. If the freeboard is more than
3 meters, some type of launching appliance or marine evacuation system
will be needed for passengers. Section 199.09 allows equivalents to be
considered by the Coast Guard.
Safety Assessment Alternative for Passenger Vessels in Domestic
Services
A number of comments raised concerns over the Shipboard Safety
Management and Contingency Plan alternative in Sec. 199.630(f), for
passenger vessels in domestic service. The alternative would allow the
evacuation arrangements for the vessel to be determined in accordance
with the plan, which would replace the regulatory requirement for a
minimum number of inflatable buoyant apparatus. The concerns include:
consistency of decisions by OCMIs; the necessity for any increase in
the lifesaving equipment requirements for these vessels; the appeals
process; and the potential reluctance by OCMIs to approve any deviation
from the minimum required lifesaving equipment requirements.
The Coast Guard has determined that it is appropriate to increase
the minimum lifesaving equipment requirements to enhance passenger and
crew safety. A detailed discussion of the costs and benefits associated
with this requirement can be found under ``Assessment.'' However, in
certain circumstances, less than the required minimum lifesaving
equipment capacity may be appropriate because other equipment or
resources contribute to an equally safe passenger/crew environment. To
provide a performance-based alternative, equivalent to the equipment
requirements, a shipboard safety assessment/safety management plan
alternative is included in the regulations.
An approved Shipboard Safety Management and Contingency Plan will
provide a level of safety equal to that which would be provided by
equipping the vessel with required primary lifesaving equipment. The
plan would be validated periodically with exercises and drills to
ensure that it provides for effective and safe evacuation of the
vessel. A detailed discussion of the comments follows below.
Shipboard safety assessment, generally. Several comments raised
concerns over the shipboard safety assessment alternative in
Sec. 199.630(f).
[[Page 52805]]
One objected to the safety assessment having to be approved by the OCMI
because over the years, the decisions of different OCMIs would be
inconsistent. The comment suggested that objective criteria be provided
for the safety assessment rather than the subjective criteria listed in
the paragraph.
The Coast Guard has developed Navigation and Vessel Inspection
Circular (NVIC) 1-97, a policy document that describes in general how
to develop shipboard safety management plans, including contingency
plans. Contingency plans include planning for the evacuation of the
vessel in all credible emergency situations. The guidance in the NVIC
will make OCMI decisions more consistent. However, the Coast Guard
recognizes that a performance-based regulation, which is designed to
allow for flexibility, will inevitably involve some inconsistencies and
differences of opinion. The Coast Guard and vessel operators will need
to work together to minimize these problems. During the five-year
phase-in period of this rule, the Coast Guard plans to hold a series of
workshops involving affected operators and Coast Guard inspection
offices, so that through cooperation and partnership a consistent
process for development of shipboard safety management plans can be
achieved. Additionally, the Coast Guard plans to use its Quality
Assurance staff of ``travelling inspectors'' (G-MO-1) to participate in
the development of shipboard safety management plans to ensure
consistency of implementation throughout the country. Furthermore, the
Coast Guard is developing criteria for OCMIs to use in approving these
alternative plans to ensure that they provide a level of safety at
least equal to that which would be provided by inflatable buoyant
apparatus.
The workshops will consider issues such as the types of
contingencies that need to be planned for, the probabilities of various
types of emergencies given the characteristics of the waterway, and to
what degree ship characteristics and alternative equipment can
substitute for lifesaving equipment. The schedule and details about the
workshops will be announced in a Federal Register notice. The public
workshops and agendas will focus on local needs. Please contact Mr. Bob
Markle via either e-mail or post at the addresses found under ADDRESSES
for more information on the workshops.
Shipboard safety management plan. One comment stated that the
shipboard safety management plan and Navigation and Vessel Inspection
Circular 1-97 that explains how to develop the plan, served no purpose
because the plan was an alternative to an unnecessary regulation.
The Coast Guard has kept the shipboard safety management plan
alternative because it allows the operator to develop contingency plans
based on the risks posed by their particular operation, not based on a
prescriptive regulation.
NVIC 1-97. One comment questioned the objective of NVIC 1-97,
wondering why it was necessary to go through a safety assessment just
to maintain the status quo in lifesaving equipment, and questioning the
absence of any criteria relating to damage stability and structural
fire protection.
The objective of the safety assessment is to define the optimal
approach to safety for a particular operating condition. The result of
a safety assessment might be a different lifesaving equipment
arrangement or a completely different approach to managing abandonment
of the vessel. The Coast Guard agrees that damage stability criteria
and structural fire protection might be considered for future addition
to the safety assessment guidance.
Support for safety assessment. Three comments expressed support for
the safety assessment and for NVIC 1-97, noting that the guidance was
similar to that used for many river gaming vessels; that it clearly
spelled out the requirements for contingency plans; and that the NVIC
would help operators standardize their plans among their fleets. The
comment further suggested developing a NVIC to cover the rest of the
safety assessment mentioned in Sec. 199.630(f).
The contingency plan outlined in the enclosure to NVIC 1-97 forms a
major part of the safety assessment. The Coast Guard will work with the
industry to expand NVIC 1-97, and if necessary, to provide additional
guidance for developing the safety assessment.
Appeal procedure. One comment asked if there would be an appeal
procedure for OCMI decisions on safety assessments under
Sec. 199.630(f).
The appeal procedures described in 46 CFR 1.03 apply in cases where
an operator does not agree with an OCMI's decision on a safety
assessment.
Objections to shipboard safety management plan. One comment raised
several objections to the shipboard safety management plan alternative,
speculating that OCMIs would not risk approving such a plan since any
mishap involving such a vessel would possibly jeopardize their careers.
The comment also suggested that experience with riverboat gaming
vessels gave the Coast Guard a false sense of confidence in safety
management and contingency planning, since that industry could spend
large amounts of money to develop such analyses in order to avoid
expensive delays in starting their operations. The comment also noted
that there were no pass/fail criteria established for the safety
management plan.
The Coast Guard disagrees. The shipboard safety management plan is
an option that the vessel owner can choose to apply or not apply.
Lifesaving systems for MODUs, generally. Two comments stated that
the lifeboat requirement of 200% of vessel capacity in Sec. 108.525(a)
was not consistent with other vessel types. One comment suggested a
reduction in lifeboats to 75% of vessel capacity and in liferafts to
50% of vessel capacity to be consistent with passenger ship
requirements. The comments raised the following points:
--MODUs have evacuation plans and are accompanied by other vessels,
precautions which passenger vessels do not take, so lifesaving system
requirements should be adjusted accordingly.
--OSVs require lifefloats for 100% of vessel capacity.
--Cargo vessels require lifeboats for 200% of vessel capacity, but
liferafts for 200% of vessel capacity are accepted on smaller vessels.
--Passenger vessels require a combination of lifeboats and liferafts
equaling 125% of vessel capacity.
--OCS platforms require lifefloats for 100% of vessel capacity.
The Coast Guard has not revised these regulations. Requirements
vary among vessel types because of vessel characteristics. The ship
most comparable to a MODU in terms of fire and explosion hazard is a
tanker, which requires fire-protected lifeboats for 200% of vessel
capacity. The requirements for MODUs are also consistent with the
current IMO MODU Code. The IMO MODU Code requirements were supported by
other countries with offshore drilling activities, and justified by
their casualty experience.
Widely separated'' survival craft stations. One comment noted that
the Coast Guard had not defined the criteria for determining whether or
not survival craft stations were ``widely separated'' as the term is
used in Sec. 108.525(a)(1). If survival craft cannot be widely
separated only 100% capacity in fire-protected lifeboats is required,
rather than 200%, since spare lifeboat capacity cannot be provided at a
different location. The comment noted that on
[[Page 52806]]
triangular rigs the normal survival craft positions would not be widely
separated.
The Coast Guard agrees with the comment and has added a definition
of ``widely separated locations'' to Sec. 107.111.
Lifeboat orientation and location. One comment suggested that the
second sentence of Sec. 108.550(f)(3) be replaced with a sentence from
the IMO MODU Code. The second sentence of Sec. 108.550(f)(3) says,
``The location and orientation of each lifeboat must be such that the
lifeboat is either headed away from the unit upon launching, or can be
turned to a heading away from the unit immediately upon launching.''
The sentence from the MODU Code says, ``Consideration should be given
to the location and orientation of the survival craft with reference to
MODU design such that clearance of the unit is achieved in an efficient
and safe manner having due regard to the capabilities of the survival
craft.''
The Coast Guard does not agree with the comment and has made no
revision. The IMO MODU Code sentence is not sufficient for meaningful
implementation. The second sentence of Sec. 108.550(f)(3) captures the
Coast Guard's interpretation of the intent of the IMO MODU Code
requirement.
Use of certain terms. Two comments stated that the term ``escape''
in Secs. 108.540(h) (3) and (4) was misleading because it has other
connotations. One of the comments suggested using the term
``embarkation'' instead of ``escape.'' Two comments noted the use of
the term ``approved'' in Sec. 108.540(h)(3) did not appear to mean
``approved by the Commandant'' as that term is defined in Sec. 107.111.
A suggested revision was to indicate the approval of the OCMI.
The suggested revisions improve clarity and have been made.
Escape time requirement. Three comments indicated that the 10
minute escape time in Sec. 108.540(h)(3) seemed difficult, because some
of the items listed, such as controlled escape devices, can only handle
a few people in that time. Since these devices generally replace
ladders, which have relatively slow evacuation times, the 10 minute
escape time could imply that the alternate means of escape should
actually be better than the device it replaces.
The Coast Guard agrees with the comments and has revised the
section to require that the alternate means of escape have at least the
same capacity as the device which it replaces.
Ladder-cage requirement. Three comments suggested eliminating the
requirement in Sec. 108.540(h)(3) for cages around ladders in areas
subject to wave action, or where the ladder is inside the lattice legs
of a jackup unit.
The Coast Guard agrees and has revised the section.
Training and Drills
Training and drill requirements, generally. Several comments
pointed out that not all the training and drill requirements in
Sec. 199.180 were appropriate for vessels in domestic services. For
instance, one comment pointed out that training in the use of firemen's
outfits was not necessary for vessels in river service that don't carry
firemen's outfits, and that the equipment should not be required to be
carried just for training purposes. Another comment stated that
hypothermia training was not needed on rivers.
The Coast Guard agrees in principle. Training in hypothermia would
be beneficial to those on river service in cold climates. However, the
same level of training would not necessarily be needed as the training
required for vessels in ocean service. Training in the use of equipment
that the vessel is not required to carry is not required. Table
199.620(a) has been revised to add a line referring to Sec. 199.180. A
new section, Sec. 199.620(p), has been added to clarify that training
and drills do not need to cover equipment and subjects not required for
the vessel's service.
The Coast Guard has not, as one comment suggested, exempted river
vessels from a requirement for passenger safety briefings. Passengers
need to receive appropriate instructions on what to do in an emergency
regardless of the service the vessel is engaged in.
Emergency duties on MODUs. Two comments suggested revisions to the
MODU regulations to reflect the fact that industrial personnel, as well
as crew members, can be assigned emergency duties.
The Coast Guard agrees with the comments and has revised
Secs. 108.901(b), (b)(6), (b)(6)(ix), (b)(6)(x), and (7) and
109.213(b), (c)(2), (d)(5), and (h)(1)(iv) to include industrial
personnel in the emergency duties.
Emergency lighting. One comment suggested revising
Sec. 109.213(d)(6) to clarify that the emergency lighting to be tested
during a drill on a MODU is only that lighting which is powered from a
battery source so that an emergency generator does not need to be
started.
The Coast Guard has not revised the paragraph. The requirement is
only to test the lighting. It is not intended or implied that the
emergency generator must be started for this purpose. The lighting may
be tested using the main power source.
Immersion suits. Two comments suggested revising Sec. 109.213(d)(7)
to require wearing an immersion suit during drills once every three
months rather than once a month to prevent undue wear.
The Coast Guard agrees with the comment and has revised this
section as well as a similar provision in Sec. 199.180(d)(11).
Emergency fuel and ventilation shutdowns. Seven comments stated
that operation of emergency fuel and ventilation shutdowns during fire
drills required in Sec. 109.213(f)(2)(vii) is unsafe and would require
shutdown of the well. Two of the comments suggested that this be done
only once every six months.
The Coast Guard agrees with the comments and has revised the
section. This is a drill and training requirement and only simulation
of the operation of these controls is necessary. The Coast Guard does
not intend for the well to be shut down for this purpose.
Familiarization and basic training. Two comments on Sec. 109.213(g)
stated that familiarization and basic training are elements of STCW
(International Convention for Training, Certification and Watchkeeping
of Seafarers of 1978, as amended) and should not be covered in this
rulemaking.
This section does not require familiarization or basic training. It
requires on board training in the particular systems used on the MODU.
It is an extension of the drill requirement and does not overlap the
basic training covered by the STCW Convention.
Liferaft inflation. Three comments indicated that inflating of
liferafts every 4 months for training purposes under
Sec. 109.213(g)(5), posed objectionable costs and logistics. The
comments stated that these small cost items along with the costs of
other (unspecified) changes add up; questioned whether this had been
evaluated in light of STCW training requirements; stated that it was
not accounted for in Regulatory Assessment; and asserted that the
necessary objectives could be achieved by lowering a dummy weight.
This regulation has been evaluated in light of the 1995 Amendments
to the STCW Convention and the implementing regulations (published on
June 26, 1997 at 62 FR 34506). As a result the final rule was drafted
so that the two regulations are consistent. A training raft can be a
``condemned'' raft inflated by compressed air, in which case costs of
compliance should be minimal. A dummy weight does not
[[Page 52807]]
accomplish the objective of the training. The final rule continues to
require the use of an inflated raft ``whenever practicable.''
Rescue Boats
Weight of the rescue boat. One comment noted that Sec. 199.630(i)
does not mention that 46 CFR 160.056 limits the weight of the rescue
boat to 100 kg (225 lb), and wondered if that included the outboard
motor. The comment also questioned whether or not the boat would have a
maximum horsepower plate.
The 100 kg (225 lb) limit does not include the motor. Unless the
boat is intended by its manufacturer to be solely for commercial use,
it will have a maximum horsepower plate under 33 CFR 183.25. No
revision has been made to the regulations as a result of this comment.
Powered winches. One comment suggested that river boats be exempt
from the requirement for powered winches to lower their rescue boats
since they presently use hand winches or gravity.
The Coast Guard agrees with the comment. Section 199.640(h)(2) has
been revised to specifically permit rescue boats that are launched
without personnel on board the rescue boat to have manually-powered
winches.
Repairs to rescue boats. Two comments suggested revising
Sec. 109.301(g)(4) to indicate that repairs to the inflatable chambers
of rescue boats, rather than all repairs, had to be made at an approved
servicing facility.
The Coast Guard agrees that the comment reflected the intent of the
paragraph and has revised it accordingly. The Coast Guard has also
revised a similar provision in Sec. 199.190(g)(4).
Launching Appliances for Survival Craft and Rescue Boats
Safety factors. One comment noted the requirements for safety
factors for falls and structural attachments of launching equipment in
Secs. 199.150(e) and 199.153(c) were based on the ultimate tensile
strength of the material. The comment pointed out that such safety
factors were appropriate for mild steel components, but might not be
appropriate, or might even be inadequate, for structural attachments
made of materials other than mild steel or which are subjected to
complex combinations of stresses. The comment suggested permitting the
use of more sophisticated failure criteria as an alternative. In
addition, the comment suggested requiring or recommending that sea
forces be considered in the design of the attachments of the launching
equipment rather than simply using safety factors based on static
loads.
The Coast Guard agrees in principle with the comment, but no change
has been made at this time. Launching systems for survival craft are
constructed almost exclusively of mild steel, as are the decks to which
they are secured. Other materials, such as aluminum or composites, are
not generally used on vessels to which subchapter W applies. Should
such a special construction be proposed, however, the Coast Guard
believes it has allowed an adequate means to evaluate alternatives
under Sec. 199.09. The static safety factors are based on SOLAS
requirements and, while the Coast Guard agrees that it would be better
to consider the dynamic forces, there have been no guidelines developed
nor recommendations made on how to do this. Even if it is less than
optimal, the static force safety factor standard as proposed in the
regulations has proven to be successful over the years.
Winch drum. One comment requested a clarification of the
requirement in Sec. 199.153(f) that each winch drum should be arranged
so the fall winds onto the drum in a level wrap. The comment noted that
this was not a SOLAS requirement, and wanted to know if the requirement
was intended to prohibit winch drums designed for more than one layer
of wire rope.
The requirement is not intended to prohibit winch drums
accommodating more than one layer of wire rope. It is intended to
prevent designs that allow the wire rope to wind unevenly or tangle.
Such designs will not meet the SOLAS requirement for falls to wind onto
the drums at an even rate. Section 199.153(f) has been revised to
indicate that one or more level wraps of wire rope are permitted.
Manning of Survival Craft
Able seamen and certified persons. Three comments stated that wages
for able seamen and certified persons are expensive and not presently
required on river vessels. They requested an alternative to the
requirement in Sec. 199.100(b).
The Coast Guard agrees with the comment and has added an
alternative to Table 199.620, and added a new Sec. 199.620(o) to allow
deckhands to operate and launch survival craft on river vessels.
Great Lakes manning. One comment suggested that persons practiced
in the handling of liferafts or inflatable buoyant apparatus be
specifically permitted to be placed in charge of such survival craft on
ferries operating on the Great Lakes. Currently the OCMI has discretion
to approve uncertificated persons as provided in Sec. 199.100(c)(1).
The comment explained that it was difficult to find such qualified
persons for seasonal employment on Great Lakes ferry operations.
The Coast Guard has not adopted the suggestion to remove the OCMI's
discretion on permitting persons other than certificated persons to be
placed in command of liferafts or inflatable buoyant apparatus. Since
there are no standards for the proficiency of such persons, the OCMI
must be satisfied with the overall safety of the operation before
allowing uncertificated persons to be placed in charge of liferafts or
buoyant apparatus.
Lifeboat second-in-command. One comment suggested that the person
designated second-in-command of a lifeboat under Sec. 199.100(d), on a
ferry operating on the Great Lakes, not be required to be a deck
officer, able seaman, or certificated person (lifeboatman). Instead,
the second-in-command could be a person practiced in the handling of
lifeboats. The comment explained that it was difficult to find such
qualified persons for seasonal employment on Great Lakes ferry
operations. The person making the comment was concerned that the
operator of a seasonal ferry service might be tempted to substitute
less effective lifesaving equipment for the lifeboats in order to limit
the number of certificated persons required on the vessel.
The Coast Guard agrees with the comment and has added the
alternative to Table 199.630, and added a new Sec. 199.630(n) applying
to vessels in Great Lakes, and lakes, bays and sounds services.
Visual Distress Signals on Vessels in Domestic Services
Exemptions. One comment stated that exempting vessels on a run less
than 30 minutes away from the dock from the requirement in
Sec. 199.610(a)(2) to carry distress signals did not make sense and was
not consistent with requirements for recreational boats.
The Coast Guard does not agree. Recreational boats do not operate
on scheduled runs, but they are required to carry visual distress
signals in coastal waters. Vessels on short scheduled runs are soon
missed if they do not arrive on time so that, even if radio contact
fails to notify those on shore of a problem, late arrival will.
[[Page 52808]]
Lifejackets and Immersion Suits
Lifejacket markings. One comment stated that lifejackets stowed in
MODU staterooms do not need to have markings designating the stowage
position.
The Coast Guard agrees with the comment and has revised
Sec. 108.649(b) to exclude marking of stowage positions for lifejackets
stowed in MODU staterooms.
Immersion suit markings. Two comments recommended deleting the
requirement to mark immersion suits ``in block capital letters'' so
that stenciling is not implied since other methods are used to mark
immersion suits. Another comment suggested the use of the company name
along with an identifying number, which has been accepted by the Coast
Guard previously as satisfactory.
The Coast Guard agrees with the comments and has revised
Secs. 108.649(c), 133.70(c)(3), and 199.70(c)(3) to require that
immersion suits be marked in such a way that the person, vessel or MODU
they belong to can be identified.
Child-size lifejackets. One comment stated that the exemption for
carriage of child-size lifejackets in Table 199.610(a) at the line for
Sec. 199.70(b)(1)(i), should additionally indicate that the exemption
applies to vessels only carrying adults, since some gaming vessels are
limited to carriage of persons over 21.
The Coast Guard does not agree that the recommended revision is
necessary. Some vessels, such as gaming vessels, are certificated to
carry only adults. If they carry lifejackets indicated as being the
``adult'' size, then they do not carry persons smaller than the lower
size limit of the lifejacket.
Separate stowage requirements for lifejackets. One comment
suggested deleting the requirement in Sec. 199.70(b)(2)(ii) that child-
size lifejackets be stowed separately from adult sizes.
The requirement has been deleted as suggested. The Coast Guard
considers separate stowage of child-size lifejackets to be good
practice; however, child-size lifejackets are clearly marked as such,
so the possibility of confusing them for adult sizes is minimal.
Marking of stowage containers. One comment stated that the
requirement in Sec. 108.649(g) to mark lifejacket, immersion suit, and
anti-exposure suit stowage containers on MODUs with the quantity and
size of the devices inside was unnecessary since the number may change
and include extras.
The Coast Guard partially agrees with the comment and has revised
the section. The number of items in the container should be the minimum
required to comply with the regulatory requirement. There should be no
problem if extras are stowed there. As far as sizes are concerned,
children are not carried on MODUs so there is no need to list the sizes
of devices in the container if they are all adult/universal sizes.
However, this equipment is now available in several adult sizes as well
as in the universal size. Therefore, the section has been revised to
require marking of sizes on the container only if sizes other than
adult/universal are stowed inside.
Lifejacket Lights and Retroreflective Material
Exemption for ferries. One comment suggested that there should not
be exemptions for the carriage of lights for lifejackets on ferries in
any service under Table 199.610(a). The comment reasoned that a
casualty at night would result in large numbers of persons in the water
that could not be seen.
A requirement for lifejacket lights on all passenger vessels was
considered at the time lifejacket lights were originally required for
some vessels in 1979. Operators of passenger vessels carrying large
numbers of persons were concerned about the cost and maintenance burden
of a large number of lifejacket lights. Although lifejacket lights
could be an advantage in a nighttime accident, the Coast Guard believes
that maintenance and pilferage would be extremely difficult problems
for ferries and other vessels with small crews carrying hundreds or
thousands of lifejackets. Furthermore, if these vessels carry
inflatable buoyant apparatus or other survival craft, those craft will
be equipped with lights. The lifejackets themselves are also equipped
with retroreflective material making them conspicuous at night to
searchers with searchlights. The Coast Guard has not revised this
regulation.
Chemiluminescent lights in cold water. One manufacturer of
chemiluminescent lights suggested that not all chemiluminescent lights
be prohibited from use on waters where water temperature may drop below
10 deg.C (50 deg.F) since it is possible to develop chemiluminescent
chemistry that would function in colder temperatures.
The Coast Guard agrees and has revised the regulations in
Sec. 108.580(b)(3)(i), 108.580(c)(2)(i), 133.70(b)(4), 133.70(c)(4),
and 199.620(e) to prohibit the use of chemiluminescent lifejacket
lights bearing the approval number 161.012/2/1 on waters where water
temperature may drop below 10 deg.C. This is currently the only
approved light that exhibits the low temperature performance problem.
The Coast Guard will ensure that future approved chemiluminescent
lights that work at temperatures down to the freezing temperature of
seawater will be given a different approval number.
Chemiluminescent lights on MODUs. Two comments recommended limiting
chemiluminescent lights to use on MODUs between 32 deg. latitude N and
S and not basing the prohibition on water temperature.
The Coast Guard agrees with the comment and has revised
Sec. 108.580(b)(3)(i) accordingly. Since MODUs generally work year
round in a single location, this suggestion is acceptable and is
consistent with immersion suit latitude requirements.
Lights for immersion suits. One comment noted that, under Table
199.610(a), ferries in coastwise and Great Lakes services would be
exempt from carrying lifejacket lights for lifejackets, but would not
be exempt from carrying lifejacket lights for the few immersion suits
they are required to carry. The comment suggested that the requirements
should be consistent.
The Coast Guard agrees with the comment and has revised the table
to include a line for Sec. 199.70(c)(4)(i) that is identical to the
line for Sec. 199.70(b)(4)(i) that exempts these vessels from the
requirement.
Retroreflective material. One comment stated that river vessels
should be exempt from the requirement to mark lifesaving equipment with
retroreflective material.
The Coast Guard disagrees. Retroreflective marking on lifesaving
equipment is an extremely simple, reliable, and effective way of
locating objects quickly at night. Unlike lifejacket lights,
retroreflective material poses minimal maintenance and pilferage
problems. No change to the regulation has been made.
Lifebuoys
Lights and smoke signals. One comment stated that it was impossible
to install ring lifebuoys with lights and smoke signals so that they
fall into the water without striking the vessel as required under
Sec. 199.70(a)(1)(v). The comment therefore requested that passenger
vessels on short international voyages and in coastwise service be
exempt from the requirement.
The Coast Guard agrees that it may be difficult to absolutely
prevent the ring lifebuoy with a light and smoke signal attached from
striking the vessel as it falls. However, there are devices available
that allow the ring lifebuoy to roll outboard and fall away from the
[[Page 52809]]
hull. This minimizes the chance that the lifebuoy and its attachments
will contact the hull as they fall.
Stowage requirements. One comment stated that stowage locations for
lifebuoys out in the open are obvious and that there was no need to
mark them as required in Sec. 199.70(a)(1)(iii). Marking would only be
needed if they were stowed in cabinets.
The Coast Guard does not agree with the comment. This had been a
requirement for passenger vessels under subchapter H (Sec. 75.43-
15(a)). Not all stowage arrangements for lifebuoys are obvious. The
primary purpose of marking is to immediately alert personnel if one is
missing.
Other Changes
Lifesaving inspections. One comment suggested removal of the
requirement to conduct lifesaving inspections and tests whenever any
new item is installed. The comment stated that the requirements in
Secs. 107.231(g)(v) and 199.45(c) are misplaced and excessive.
The Coast Guard does not agree. Newly installed equipment needs to
be inspected or tested when it is installed to ensure that it is
operating properly. This has been a regulatory requirement for many
years, and is also in IMO's Recommendation on Testing of Lifesaving
Appliances (IMO resolution A.689(17)).
Design weight of lifeboats. One comment suggested revising
Sec. 107.305(cc) to indicate that only the design weight of each
lifeboat needs to be indicated on the initial submission of plans for
MODUs.
The Coast Guard agrees. At the plan submission stage, only the
design weights, not exact weights, will be known. The section has been
revised accordingly.
Equipment exemptions for MODUs. One comment stated that the
equipment exemptions for MODUs not in international service, which had
been in previous 46 CFR 108.503(e), had not been carried through to the
new regulations.
The Coast Guard compared the table with the previous list of
exemptions and found that one correction was needed in order to make
the table consistent with the previous regulations. Previous
regulations did not require oars in lifeboats and rescue boats. The
requirement for oars in lifeboats and rescue boats on MODUs in other
than international service has been removed from Table 108.575(b).
Survival craft numbering. One comment objected to the survival
craft numbering for MODUs, stating that it was different from the
systems now used on many MODUs. This would lead to unnecessary
renumbering of survival craft and modification of muster lists,
training materials, and markings.
The Coast Guard agrees with the comment and has revised
Sec. 108.646(c) so that a particular numbering system does not need to
be followed. The IMO MODU Code does not prescribe a numbering system.
Length and beam markings. Two comments suggested deletion of the
requirement to mark the length and beam of the lifeboat on the bow of
the boat.
The Coast Guard agrees with the comment and has revised
Secs. 108.645(a)(2) and 199.176(a)(2).
Stowage location markings. One comment stated that the requirement
in Sec. 108.645(a) to mark lifesaving equipment stowage locations with
the symbols in IMO Res. A.760 was unnecessarily prescriptive and should
not be mandatory.
The Coast Guard does not agree with the comment. Since crew and
industrial personnel will often move from one MODU to another, it is
important to have a standardized system of markings for emergency
equipment and procedures. The IMO Res. A.760 markings have been
available for about 10 years and are now a world standard. They are
available from several sources and are already printed in
photoluminescent ink on self-adhesive backings, making them very easy
and economical to use.
Muster list requirements. Two comments recommended a division of
the muster list requirement in Sec. 108.901 into two sections, one
addressing muster lists and the other addressing station bills. The
comments defined a muster list as a list of the persons on board and
their station, and defined the station bill as the listing of emergency
duties of all on board. One of the comments said that it will take time
and money to change the name of the station bill to ``muster list'' on
all units. The comment also stated that the section was far more
detailed than necessary, but did not specify which sections should be
deleted.
The comments may be technically correct, but the Coast Guard has
not made a distinction between ``muster lists'' and ``station bills''
in the past, nor is it made internationally. The Coast Guard
regulations previously addressed both of these purposes under ``station
bill'' and is changing its terminology to the more internationally
accepted ``muster list.'' Accordingly, no revision has been made. Units
may continue to use the term ``station bill'' for the muster list if
they wish. The section does not specify what the title of the muster
list should be. However, the Coast Guard recommends the eventual
changeover to ``muster list'' for consistency with these regulations
and with international terminology.
Reports to the OCMI. Three comments suggested that the OCMI be
notified only in the case of extensive repairs to fire detecting and
extinguishing equipment. For example, replacement of defective sensors
or circuit cards are ``normal'' repairs that should not have to be
reported.
The Coast Guard agrees that there is no reason to report minor
repairs to this equipment and has made the suggested revision to
Sec. 109.425.
Delay in annual servicing. Sections 109.301(g)(1)(ii) and (h)(1)
allow a 5-month delay in the annual servicing of inflatable lifesaving
appliances and hydrostatic release units until the unit's next
scheduled inspection. Two comments suggested revising these paragraphs
to allow the delay until the unit's next scheduled lifesaving equipment
inspection under Sec. 109.301(f).
The Coast Guard does not agree with the comments. SOLAS allows a
delay in servicing of up to five months to coincide with a vessel's
inspection for certification when other items of equipment are often
replaced or repaired. The new IMO Life-Saving Appliances (LSA) Code
becomes effective on July 1, 1998, and allows extensions only when
servicing within the 12-month interval is ``impracticable.'' Since the
lifesaving equipment used on MODUs is built to SOLAS standards, it is
appropriate that the SOLAS servicing requirements apply to this
equipment.
Editorial Revisions
This final rule contains a number of editorial revisions. Many of
these revisions insert missing words, delete extra words, or correct
other small errors. These corrections are not discussed in detail here.
Other editorial revisions include:
(1) Section 28.130(d) of Title 46 requires additional lifesaving
equipment carried aboard uninspected commercial fishing vessels to meet
the installation, arrangement, equipment, and maintenance requirements
contained in 46 CFR part 94. Since the interim rule removed part 94,
this reference has been changed to 46 CFR part 199.
(2) Section 107.231(w) was removed by the interim rule; however,
this paragraph was inadvertently published in the October 1, 1996,
revision of the Code of Federal Regulations. Section
[[Page 52810]]
107.231(w) is removed under this final rule.
(3) Section 108.500(b) requires surface type units to meet the
lifesaving system requirements of subchapter W. The intent of this
paragraph, as made clear in the preamble of the interim rule, was to
require drillships to meet the requirements of subchapter W and not the
requirements for other types of surface units. Therefore, a definition
of ``drillship'' has been added to Sec. 107.111, and the term ``surface
unit'' as it appeared in the interim rule has been changed to
``drillship'' in Sec. 108.500.
(4) Two comments indicated that the reference to ``devices for
protection in launching areas'' in Sec. 109.213(a)(2)(vi) on training
material was not clear. The devices referred to are water spray systems
used to protect aluminum lifeboats or launching appliances. The Coast
Guard agrees with the comments and has revised the section to read as
follows: ``The method and use of water spray systems in launching
areas, where required for the protection of aluminum survival craft or
launching appliances.'' A similar revision has been made to
Sec. 199.180(a)(2)(vi).
(5) Three comments indicated that the meaning of ``detection''
equipment was not clear in Sec. 109.213(a)(2)(ix). Detection means the
determination of the location of survivors or survival craft and is
defined as such in Sec. 199.30, but no similar definition was inserted
in the subchapter I-A definitions in Sec. 107.111. Instead of adding
the definition of detection to Sec. 107.111, the Coast Guard has
revised Sec. 109.213(a)(2)(ix) to include the definition in the text so
that the text will be clearer. A similar revision has been made to
Sec. 199.180(a)(2)(ix). A related revision to clarify the meaning of
``detection equipment'' has been made to Sec. 109.213(g)(7)(v)(G).
(6) Section 133.160(a) has been revised to identify the approval
series for rescue boat launching equipment which were inadvertently
omitted from the interim rule. These are the same approval series
identified for rescue boats in 46 CFR part 199.
(7) One Coast Guard office noted that Table 199.610(a) taken in
conjunction with Sec. 199.610(a) could be confusing. For instance, is a
vessel in lakes, bays and sounds service on a run of more than 30
minutes duration required to have distress signals or not? Section
199.610(a)(2) implies that it is. Table 199.610(a) says it is exempt
from the requirement, which is what was intended. To eliminate such
confusion, Secs. 199.610(a)(1) through (a)(4) have been removed, and
the provisions of those sections have been added to Table 199.610(a).
(8) Section 199.630(c) has been revised to make it clear that SOLAS
B liferafts may be used in ocean service within 50 miles of shore and
in other domestic services. These liferafts are permitted to be used on
passenger vessels engaged in short international voyage service under
Sec. 199.201(a)(2)(ii), and are satisfactory for these domestic
services as well.
(9) Section 199.630(f) has been revised to state that as an
alternative to the survival craft requirements, certain vessels may
have a safety assessment. In the interim rule, the word must was used,
possibly implying that this was not an alternative as intended. All of
the other sections under Sec. 199.630 use the word may so this change
makes Sec. 199.630(f) consistent.
Incorporation by Reference
The Director of the Federal Register has approved the material in
Secs. 108.101, 125.180, and 199.05 for incorporation by reference under
5 U.S.C. 552 and 1 CFR part 51. Copies of the material are available
from the sources listed in these sections.
Assessment
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866. However, due to its nature, it has been
reviewed by the Office of Management and Budget under that order. It
requires an assessment of potential costs and benefits under section
6(a)(3) of that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979).
A final assessment is available in the docket for inspection or
copying where indicated under ``ADDRESSES.'' The Assessment is
summarized as follows.
This rule applies to all U.S. inspected passenger vessels 100 tons
gross tonnage and over, cargo vessels, tankships, manned cargo and tank
barges, oceanographic research vessels, nautical school vessels (with
the exception of sailing school ships), OSVs, and MODUs. Coast Guard
records list 1,030 vessels that do not have SOLAS, MODU, or Special
Purpose Vessel Code certificates (179 passenger vessels, 120 cargo
vessels, 48 tankships, 12 manned barges, 4 oceanographic research
vessels, 8 nautical school vessels, 567 OSVs, and 92 MODUs) that are
currently operating under the U.S. flag, and will be affected by this
rule. Because the regulations in this Final Rule are based on SOLAS,
the IMO MODU Code, and the IMO Special Purpose Vessel Code, vessels
with certificates indicating compliance with these standards will not
be substantially affected by this rule. Therefore vessels with SOLAS,
MODU, or Special Purpose Vessel Code certificates are not included in
the Regulatory Assessment.
Industry Costs
Industry cost for this rule is estimated based on the
implementation cost to vessels constructed before the effective date of
the rule, the implementation cost to new vessels, and the recurring
cost to all vessels for replacement of appliances as they become
unserviceable.
Compliance cost of this rule will total about $56.9 million. The
present value of the costs totals $43.7 million. This reflects a 7
percent discount to 1998 of the projected future estimated costs of
this Interim Rule in accordance with current Office of Management and
Budget guidance. Passenger vessels account for an estimated 80 percent
of total compliance costs, and 86 percent of total recurring costs.
OSVs and MODUs together account for 12 percent; cargo vessels,
tankships and manned barges together account for 5 percent; and
oceanographic research and nautical school vessels account for the
remainder of the costs.
Comments on the Regulatory Assessment for the Interim Rule
Two comments to the IR stated that the statistical estimates and
estimated costs did not justify a ``doubling'' of the lifeboat capacity
on MODUs. MODUs have the lowest projected benefit by factor of 3. The
Coast Guard's past experience in handling MODU casualties has
demonstrated a tendency for lifeboats to be lost or made unavailable
during a casualty. This was confirmed by the inclusion of a requirement
for redundant lifesaving capacity in the 1989 edition of the IMO code
for the construction of MODUs. The Coast Guard has determined that the
IMO MODU Code requirements are appropriate, and has adopted them for
this rule.
One comment disagreed with the cost estimates in the RA. Another
disagreed with the assumption that the number of passenger vessels was
decreasing, and with the assumption that the average number of
passengers carried was 500, feeling that the number should be larger.
The comment did not suggest a particular average number for passenger
vessels nor did it suggest another method to determine the average
number. The Coast Guard has revised the RA, and has considered the
alternative cost estimates and passenger capacity issues. The RA does
not make
[[Page 52811]]
the assumption that the number of passenger vessels is decreasing, as
the comment asserts. Rather it assumes that the annual estimate of new
vessels is directly proportional to the number of vessels that will
retire annually, therefore resulting in a constant vessel population.
The final RA uses the actual number of persons that passenger vessels
are certificated to carry, therefore making the determination of an
average passenger capacity unnecessary.
Two comments suggested withdrawal of Subchapter W on the basis that
the RA did not demonstrate that there was a need for the regulation, in
that no lives had been lost in the entire passenger vessel industry
over the past five years. The comments also alleged that procedural
errors had been made in the development of the rules and that it was
not cost-beneficial.
Two comments challenged the IR Regulatory Assessment as flawed,
with respect to passenger vessels in domestic services and concluded
that the analysis stated that 124 lives had been lost over the past
five years on 161 domestic passenger vessels, when in fact, no lives
had been lost. One of the comments included an extensive analysis of
the Coast Guard's casualty data to support the point. The other comment
objected to having to prepare a safety assessment in order to maintain
the status quo on lifesaving equipment, when the vessel has always
operated safely. The Regulatory Assessment for the IR did not say that
124 lives had been lost over the past 5 years, but that 124 lives were
at risk during that period. However, in response to these concerns the
Regulatory Assessment has been revised for passenger vessels, using a
different methodology which is discussed below.
The Coast Guard agrees that the industry has operated safely over
the years. However, in dealing with large numbers of people using a
statistically small number of vessels, the past safety record cannot
accurately predict a future absence of serious accidents. To address
low probability/high consequence events, a valid risk analysis is
needed, and that is the intent of the safety assessment alternative.
The Coast Guard views the development of a safety assessment as an
important cooperative effort between the operators, the Coast Guard,
and potential responders to make sure that the industry continues to
operate safely.
One comment stated that a particular ferry system had operated in
1996 without a mishap, and that this safety record should be strong
enough to justify no increase in safety equipment. Other comments,
citing a particular operation, stated that there had never been a
serious accident and implied that lifesaving equipment will therefore
not be needed. The Coast Guard has not categorically analyzed 1996 data
for particular ferry systems mishaps, but incidents of groundings,
collisions, loss of power, near-misses and other problems have been
recorded during this period. Although the Coast Guard agrees that these
operations are very safe, they are not risk-free. The challenge is to
determine the level of risk and to require appropriate mitigating
steps. The Coast Guard notes that many domestic passenger vessel
operations have excellent safety records, but that does not obviate the
need to be prepared for serious casualties. A safety assessment may
indeed reveal that one or more alternative lifesaving arrangements
provide an equivalent safety level. The rule allows these alternatives
to be evaluated on an ad hoc basis. The Coast Guard believes the safety
assessment provides industry with the flexibility to justify different
types of lifesaving arrangements.
One comment objected to the requirement in the interim rule for
inflatable buoyant apparatus (IBA) to be carried on a particular gaming
vessel operation, and listed reasons why IBAs were unnecessary and
detailed the high cost of compliance. The Coast Guard believes that
survival craft may not be necessary in this particular operation, as it
was described in the comment letter. The option in Sec. 199.630(f)
allows for the development of a safety assessment, which will be the
appropriate way to justify alternative lifesaving arrangements.
One comment noted that a safety assessment could cost as much as
$10,000 or $20,000, and that this shall be reflected in the RA. The
Coast Guard agrees with the estimate, and has based the RA on a similar
estimate for passenger vessels in lakes, bays and sounds, and in rivers
service.
Some operators commented that much of the expense of meeting the IR
requirements will come from hiring persons to be on board solely for
the purpose of being available to launch and operate the IBA. The Coast
Guard has revised the regulations to provide for the possibility of
reducing some of the cost impact of the additional manning required,
recognizing that some launching and embarkation arrangements might not
require a trained person to be placed in charge of each IBA. These
cost-reducing arrangements are not accounted for in the RA to ensure
that costs are not underestimated.
One comment suggested that revised rules for domestic passenger
vessels not be published without first publishing a supplemental notice
of proposed rulemaking supported by a new RA. The Coast Guard has
revised the RA based on comments to the IR. However, the Coast Guard
does not agree that a supplemental notice of proposed rulemaking will
add any new or useful information. This project began in 1984. There
have been opportunities to comment on an advance notice of proposed
rulemaking, a notice of proposed rulemaking, an interim rule, and
during two public hearings.
Summary of Changes to the Regulatory Analysis That Supports the FR
Passenger Vessels
The changes to costs and benefits in the regulatory analysis
include costs borne by passenger vessels operating on lakes, bays and
sounds, and river routes. The changes reflect modifications made based
on public comments identified above. The following matrix shows
differences between the costs and benefits identified in both the IR
and FR.
------------------------------------------------------------------------
Interim rule Final rule
------------------------------------------------------------------------
Granted certain passenger Requires all passenger
vessels survival craft carriage vessels operating on lakes,
exceptions and required carriage of bays and sounds, and river
Inflatable Buoyant Apparatuses (IBAs) routes to carry IBAs to
to accommodate 100 percent of accommodate 67 percent of the
passengers carried aboard. number of persons on board or
develop a safety management
plan for approval by the OCMI.
Estimated safety plan Estimates safety plan
development costs at $900,000. development costs at $8.2M.
Did not estimate additional Estimates manning
manning costs associated with costs associated with
retrofitting IBAs. retrofitting IBAs at $25.4M
through 2003.
[[Page 52812]]
Employed Coast Guard's Search Employs MSIS vessel
and Rescue Mission Information System records of close calls
rescue cases to assess the number of (groundings, allisions,
lives that were put at risk in collisions, fire/explosion)
capsizings, fires and explosions, and uses anticipated passenger
flooding and sinking and collisions vessel traffic growth as a
over the five year period preceding basis for quantifying risk in
publication of the IR. Used this the future.
number to estimate the number of Estimates a 50 percent
persons likely to be at risk. probability that an incident
will occur between 2004-2013
that will require abandoning
the vessel.
Considers the
probability of an event
occurring in 2004 (1st full
year of effectiveness) or in
2013 (10th full year of
effectiveness) to yield a
benefit range.
Estimated total costs at Estimates passenger
$5.88M \1\ for passenger vessels. vessel (over 100 gt) costs,
manning and equipment,
accumulated through 2004 to be
$45.6M \1\ accumulating to
$109.2M \1\ by 2013. Annual
costs peak at $18.6M ($100,000/
vessel) in 2004 and stabilize
at $13.7M ($74,000/vessel)
thereafter.
Total benefits to passenger Estimates the benefits
vessels (over 100 gt) were estimated of this rule in terms of lives
to range from .8 to 4.8 lives saved or saved to be 155 lives. Dollar
$810,000 \1\ to $2.73M \1\. values for these lives saved
range from a high of $298.4M
\1\ to a low of $162.3M \1\
should a passenger vessel
accident occur in 2004 or 2013
respectively.
Performed a cost-benefit Added a sensitivity
analysis. analysis to the cost-benefit
analysis to portray
alternative scenarios.
------------------------------------------------------------------------
\1\ Totals are in discounted (present value) dollars.
Other Costs and Benefits in the Final RA
Cost and benefit estimates for cargo vessels, tank ships,
manned cargo and tank barges, oceanographic research vessels, nautical
school vessels, and mobile offshore drilling units are the same in both
the IR and FR.
Total costs for these vessels are estimated at $13.7
million.
Total benefits for these vessels are estimated to range
from $2.3 million to $16.9 million.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this Final Rule will have a
significant economic impact on small entities. ``Small entities''
include independently owned and operated small businesses that are not
dominant in their field and that otherwise qualify as ``small business
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632).
``Small entities'' also include not-for-profit organizations and small
governmental jurisdictions.
The interim rule considered small business impact for vessels
privately held by independent companies with less than 500 employees.
It was determined that the FR would affect certain offshore supply
vessels operating primarily in the Gulf of Mexico. About one-half of
the OSV population is owned by 35 vessel owners, each having nine or
fewer OSV's. Information provided by the International Association of
Drilling Contractors and the Passenger Vessel Association, show that
there is one MODU and about 10 percent of subchapter H passenger
vessels that will be given consideration under the Regulatory
Flexibility Act.
Flexibilities offered to vessel operators include a five-year
implementation period for passenger and cargo vessels to comply with
survival craft requirements. Passenger vessels may opt for meeting
survival craft requirements by using the SSMACP alternative.
Additionally, operators required to meet the EPIRB requirement may do
so over a two-year period. Because of these accommodations, the Coast
Guard certifies that this FR 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
offered to assist small entities in understanding the rule so that they
could better evaluate its effects on them and participate in the
rulemaking process.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), The
Office of Management and Budget (OMB) reviews each rule that contains a
collection-of-information requirement to determine whether the
practical value of the information is worth the burden imposed by its
collection. Collection-of-information requirements include reporting,
recordkeeping, notification, and other, similar requirements.
This FR contains collection-of-information requirements. The Coast
Guard has submitted the requirements to OMB for review under section
3504(h) of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and
OMB has approved them.
The section numbers and the corresponding OMB approval numbers are
as follows:
a. 31.36-1................................ 2115-0071
b. 35.07-10............................... 2115-0071
c. 35.10-1................................ 2115-0071
d. 35.10-5................................ 2115-0576, 2115-0577
e. 35.40-40............................... 2115-0577
f. 70.28-1................................ 2115-0071
g. 78.13-1................................ 2115-0576, 2115-0577
h. 78.17-50............................... 2115-0071
i. 78.37-5................................ 2115-0071
j. 78.47-45............................... 2115-0577
k. 90.27-1................................ 2115-0071
l. 97.13-1................................ 2115-0576, 2115-0577
m. 97.15-35............................... 2115-0071
n. 97.35-5................................ 2115-0071
o. 97.37-42............................... 2115-0577
p. 107.305................................ 2115-0554
q. 108.105................................ 2115-0554
r. 108.645................................ 2115-0577
s. 108.646................................ 2115-0577
t. 108.647................................ 2115-0577
u. 108.649................................ 2115-0577
v. 108.650................................ 2115-0577
w. 108.655................................ 2115-0577
x. 108.901................................ 2115-0557
y. 109.213................................ 2115-0071
z. 109.301................................ 2115-0071
aa. 109.323............................... 2115-0576, 2115-0557
ab. 109.425............................... 2115-0007
ac. 109.433............................... 2115-0071
ad. 133.40................................ 2115-0554
ae. 133.70................................ 2115-0577
af. 133.80................................ 2115-0577
ag. 133.90................................ 2115-0577
ah. 167.55-5.............................. 2115-0577
ai. 167.65-1.............................. 2115-0071
aj. 188.27-1.............................. 2115-0071
ak. 195.06-1.............................. 2115-0071
al. 196.13-1.............................. 2115-0576, 2115-0577
am. 196.15-35............................. 2115-0071
an. 196.35-5.............................. 2115-0071
ao. 196.37-37............................. 2115-0577
ap. 199.10................................ 2115-0007
aq. 199.40................................ 2115-0554
ar. 199.60................................ 2115-0577
[[Page 52813]]
as. 199.70................................ 2115-0577
at. 199.80................................ 2115-0577
au. 199.90................................ 2115-0577
av. 199.100............................... 2115-0576, 2115-0577
aw. 199.175............................... 2115-0577
ax. 199.176............................... 2115-0577
ay. 199.178............................... 2115-0577
az. 199.180............................... 2115-0071, 2115-0577
ba. 199.190............................... 2115-0071
bb. 199.217............................... 2115-0577
bc. 199.640............................... 2115-0577
Persons are not required to respond to a collection of information
unless it displays a currently valid OMB control number.
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612. Because of the minimal
estimated cost to State and local governments, the Coast Guard believes
that preparation of a Federalism Assessment is not warranted.
The United States Coast Guard has historically inspected vessels
for their compliance with Federal regulations and international
standards to which the United States is a party that address the safety
of vessels and protection of life and property at sea and on waters
over which the United States exercises jurisdiction. Many of these
regulations implement the provisions of the International Convention
for the Safety of Life at Sea, 1974, (SOLAS) as amended, to which the
United States is a party. As a party to the convention, the United
States has agreed to implement its provisions for vessels flying the
flag of the United States and to apply these provisions to foreign
vessels in accordance with the enforcement regime established within
the Convention. In addition, the certificates of inspection and SOLAS
certificates issued to vessels by the United States Coast Guard as a
result of the comprehensive inspection program of which these
regulations are a part indicates that the vessels are safe for the
service in which they are engaged. Actions by state and local
governments that seek to impose different standards than those imposed
by these regulations would frustrate the desire of Congress to impose
uniform, international and national standards relating to the
lifesaving equipment and systems for vessels subject to inspection
under Subtitle II of Title 46, U.S. Code. For these reasons, it is the
Coast Guard's opinion that the Supremacy Clause of the Constitution
would preempt state and local regulations that seek to impose different
or higher standards than those established in these regulations.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, 109 Stat. 48, requires Federal agencies to assess the effects
of certain regulatory actions on State, local, and tribal governments,
and the private sector. UMRA requires a written statement of economic
and regulatory alternatives for proposed and final rules that contain
Federal mandates. A ``Federal mandate,'' is a new or additional
enforceable duty, imposed on any State, local or tribal government, or
the private sector. If any Federal mandate causes those entities, to
spend, in the aggregate, $100 million or more in any one year the UMRA
analysis is required.
Much of the information required in a budgetary impact statement is
in the final regulatory assessment for this rule. State and local
governments account for about 42 percent of the 157 passenger vessels
that will require additional survival craft. The total first-year cost
to public vessels will be $185,677 in current dollars. Other costs to
public vessels, implemented between 2000 and 2003, total $17.2 million
in current dollars. Total annual recurring costs to public vessels are
$5.8 million in current dollars in 2004, and decrease annually
thereafter on a present value dollar basis.
The UMRA analysis is not required because this rule results in an
expenditure of less than $100 million per year by State, local, or
tribal governments, or the private sector.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under Figure 2-1(34) of Commandant Instruction
M16475.lC, this rule is categorically excluded from further
environmental documentation. This rule enhances the safety and
survivability of personnel at sea, as well as improves the
effectiveness of search and rescue. It is expected to have no
environmental impact. A Categorical Exclusion Determination is
available in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects
46 CFR Part 28
Fire prevention, Fishing vessels, Marine safety, Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 107
Marine safety, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 108
Fire prevention, Incorporation by reference, Marine safety,
Occupational safety and health, Oil and gas exploration, Vessels.
46 CFR Part 109
Marine safety, Occupational safety and health, Oil and gas
exploration, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 133
Marine safety, Occupational safety and health, Oil and gas
exploration, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 168
Occupational safety and health, Schools, Seamen, Vessels.
46 CFR Part 199
Cargo vessels, Incorporation by reference, Marine safety, Oil and
gas exploration, Passenger vessels, Reporting and recordkeeping
requirements, Vessels.
For the reasons discussed in the preamble, part 28 is amended and
the Interim Rule amending 46 CFR chapter I which was published at 61 FR
25272 on May 20, 1996, is adopted as final with the following changes
to parts 107, 108, 109, 133, and 199:
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.
Sec. 28.130 [Amended]
2. In Sec. 28.130(d), remove the phrase ``46 CFR part 94'' and add,
in its place, the phrase ``46 CFR part 199''.
PART 107--INSPECTION AND CERTIFICATION
3. The authority citation for part 107 is revised to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306; 46 U.S.C. 3316; 49
CFR 1.45, 1.46; Sec. 107.05 also issued under the authority of 44
U.S.C. 3507.
4. In Sec. 107.111, add definitions in alphabetical order, for
``drillship'' and ``widely-separated locations'' to read as follows:
[[Page 52814]]
Sec. 107.111 Definitions.
* * * * *
Drillship means a surface type unit with a single shipshape
displacement hull.
* * * * *
Widely-separated locations as the term applies to the location of
lifeboats on self-elevating units, means locations on different sides
or ends of the unit separated by sufficient distance or structure to
protect the lifeboats in one location from a fire or explosion
occurring at or near the lifeboats in another location on the unit.
Locations across from each other at the apex of a unit with a
triangular deck are not widely-separated locations unless there is a
substantial solid structure between them.
Sec. 107.231 [Amended]
5. In Sec. 107.231 remove paragraph(w).
6. In Sec. 107.305 revise paragraph(cc) to read as follows:
Sec. 107.305 Plans and information.
* * * * *
(cc) The design weight of each lifeboat, rescue boat, and davit-
launched liferaft when fully equipped and loaded.
* * * * *
PART 108--DESIGN AND EQUIPMENT
7. The authority citation for part 108 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; 49 CFR 1.46.
8. In Sec. 108.500 revise paragraphs (a) and (b) to read as
follows:
Sec. 108.500 General.
(a) Each unit, other than a drillship, must meet the requirements
in this subpart.
(b) Each drillship must meet the lifesaving system requirements in
subchapter W of this chapter for a tank vessel certificated to carry
cargoes that have a flash point less than 60 deg. C as determined under
ASTM D-93-94.
* * * * *
9. In Sec. 108.540 revise paragraphs (h)(3) and (h)(4) to read as
follows:
Sec. 108.540 Survival craft muster and embarkation arrangements.
* * * * *
(h) * * *
(3) If the embarkation ladders cannot be supported against a
vertical flat surface, the unit must instead be provided with at least
two widely-separated fixed metal ladders or stairways extending from
the deck to the surface of the water and meet the following:
(i) Each inclined fixed ladder must meet the requirements under
Sec. 108.159.
(ii) Each vertical fixed ladder must meet the requirements under
Sec. 108.160 for fixed ladders, except that the vertical bars in cages
must be open at least 500 millimeters (20 inches) on one side
throughout the length of the ladder, and cages are not required in the
area subject to wave action or on ladders inside the legs of a self-
elevating unit.
(iii) If a fixed ladder cannot be installed, the OCMI may accept an
alternate means of embarkation with sufficient capacity for all persons
permitted on board to safely descend to the waterline.
(4) Alternate means of embarkation under paragraphs (h)(1)(ii) and
(h)(3) of this section, such as portable slides, safety booms, moveable
ladders, elevators, and controlled descent devices, must be acceptable
to the OCMI. An alternate means of embarkation must have sufficient
capacity to permit persons to safely descend to the waterline at a rate
comparable to the device which the alternate means of embarkation
replaces.
10. In Sec. 108.565 revise paragraph (a)(3) to read as follows:
Sec. 108.565 Stowage of rescue boats.
(a) * * *
(3) Each rescue boat must be stowed in a way that neither the
rescue boat nor its stowage arrangements will interfere with the
operation of any survival craft at any other launching station.
* * * * *
Sec. 108.570 [Amended]
11. In Sec. 108.570, in paragraph (c)(1), remove the number
``Sec. 108.510'' and add, in its place, the number ``Sec. 108.540'.
12. In Sec. 108.575, revise entries 20 and 38 of Table 108.575(b)
to read as follows:
Sec. 108.575 Survival craft and rescue boat equipment.
* * * * *
Table 108.575(b)--Survival Craft Equipment
----------------------------------------------------------------------------------------------------------------
International service Other than international service
-----------------------------------------------------------------------------
Item No. Item Rigid Rigid
Lifeboat liferaft Rescue boat Lifeboat liferaft Rescue boat
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
20............. Oars (units) \5\ 1 1
\6\.
Paddles.......... 2 2
* * * * * *
*
38............. Tool Kit......... 1 1
----------------------------------------------------------------------------------------------------------------
* * * * *
13. In Sec. 108.580 revise paragraphs (b)(3)(i) and (c)(2)(i) to
read as follows:
Sec. 108.580 Personal lifesaving appliances.
* * * * *
(b) * * *
(3) * * *
(i) Each lifejacket must have a lifejacket light approved under
approval series 161.112 securely attached to the front shoulder area of
the lifejacket. On a unit not in international service, a light
approved under approval series 161.012 may be used. However, lifejacket
lights bearing Coast Guard approval number 161.012/2/1 are not
permitted unless the unit is certificated to operate only on waters
between 32 deg. N and 32 deg. S latitude.
* * * * *
(c) * * *
(2) * * *
(i) Each immersion suit or anti-exposure suit must have a
lifejacket light approved under approval series 161.112 securely
attached to the front shoulder area of the immersion suit or anti-
exposure suit. On a unit not in international service, a light approved
under approval series 161.012 may be used. However, lifejacket lights
bearing Coast Guard approval number 161.012/2/1 are not permitted on
units certificated to operate on waters where
[[Page 52815]]
water temperature may drop below 10 deg. C (50 deg. F).
* * * * *
14. In Sec. 108.645 revise paragraphs (a)(1)(ii), (a)(2), and
(b)(2) to read as follows:
Sec. 108.645 Markings on lifesaving appliances.
(a) * * *
(1) * * *
(ii) The name of the port required to be marked on the unit to meet
the requirements of subpart 67.123 of this chapter.
(2) The number of persons the boat is equipped for, which may not
exceed the number shown on its nameplate, must be clearly marked in
permanent characters.
* * * * *
(b) * * *
(2) The name of the port required to be marked on the unit to meet
the requirements of subpart 67.123 of this chapter.
* * * * *
15. In Sec. 108.646 revise paragraph (c) to read as follows:
Sec. 108.646 Marking of stowage locations.
* * * * *
(c) Survival craft should be numbered.
15. In Sec. 108.649, revise paragraphs(b), (c), (e)(1), and (g) to
read as follows:
Sec. 108.649 Lifejackets, immersion suits, and lifebuoys.
* * * * *
(b) The stowage positions for lifejackets, other than lifejackets
stowed in staterooms, must be marked with either the word
``LIFEJACKET'' or with the appropriate symbol from IMO Resolution
A.760(18).
(c) Each immersion suit or anti-exposure suit must be marked to
identify the person or unit to which it belongs.
* * * * *
(e) * * *
(1) In block capital letters with the unit's name and with the name
of the port required to be marked on the unit under subpart 67.123 of
this chapter; and
* * * * *
(g) Each lifejacket, immersion suit, and anti-exposure suit
container must be marked in block capital letters and numbers with the
minimum quantity, identity, and if sizes other than adult or universal
sizes are used on the unit, the size of the equipment stowed inside the
container. The equipment may be identified in words or with the
appropriate symbol from IMO Resolution A.760(18).
17. In Sec. 108.901 revise paragraphs (b) introductory text, (b)(6)
introductory text, (b)(6)(ix), (b)(6)(x), (b)(7) introductory text, and
(c) introductory text, to read as follows:
Sec. 108.901 Muster list and emergency instructions.
* * * * *
(b) Muster list. Copies of the muster list must be posted in
conspicuous places throughout the unit including on the navigating
bridge, in the control room, and in accommodation spaces. The muster
list must be posted at all times while the unit is in service. After
the muster list has been prepared, if any change takes place that
necessitates an alteration in the muster list, the person in charge
must either revise the muster list or prepare a new one. Muster lists
must provide the following information:
* * * * *
(6) The muster list must specify the duties assigned to the
different industrial personnel and members of the crew that include--
* * * * *
(ix) Cover the duties of the crew and industrial personnel in case
of collisions or other serious casualties; and
(x) Cover the duties of the crew and industrial personnel in case
of severe storms.
(7) Each muster list must specify the duties assigned to industrial
personnel and members of the crew in relation to visitors and other
persons on board in case of an emergency that include--
* * * * *
(c) Emergency instructions. Illustrations and instructions in
English and any other appropriate language, as determined by the OCMI,
must be posted in each cabin used for persons who are not members of
the crew or industrial personnel. They must be conspicuously displayed
at each muster station and in other accommodation spaces to inform
personnel of--
* * * * *
PART 109--OPERATIONS
18. The authority citation for part 109 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104; 49 CFR
1.46.
19. In Sec. 109.213 revise paragraphs (a)(2)(vi), (a)(2)(ix), (b),
(c)(2), (d)(5), (d)(7), (f)(2)(vii), (g)(7)(v)(G) and (h)(1)(iv) to
read as follows:
Sec. 109.213 Emergency training and drills.
(a) * * *
(2) * * *
(vi) The method and use of water spray systems in launching areas
when required for the protection of aluminum survival craft or
launching appliances;
* * * * *
(ix) The use of all detection equipment for the location of
survivors or survival craft;
* * * * *
(b) Familiarity with emergency procedures. Each of the crew members
and industrial personnel with assigned emergency duties on the muster
list must be familiar with their assigned duties before working on the
unit.
(c) * * *
(2) Each of the crew members and industrial personnel must
participate in at least one abandonment drill and one fire drill every
month. Drills must take place within 24 hours of a change in crew or
industrial personnel if more than 25 percent of the persons on board
have not participated in an abandonment and fire drills on board the
unit in the previous month.
* * * * *
(d) * * *
(5) If a unit is fitted with marine evacuation systems, drills must
include an exercising of the procedures required for the deployment of
such a system up to the point immediately preceding actual deployment
of the system. This aspect of drills should be augmented by regular
instruction using the on board training aids. Additionally, members of
the crew or industrial personnel assigned to duties involving the
marine evacuation system must be further trained by participation in a
full deployment of a similar system into water, either on board a unit
or ashore, at intervals normally not longer than 2 years, but in no
case longer than 3 years.
* * * * *
(7) On a unit carrying immersion suits or anti-exposure suits,
immersion suits or anti-exposure suits must be worn by crew members and
industrial personnel in at least one abandonment drill in any three-
month period. If wearing the suit is impracticable due to warm weather,
the crew members must be instructed on its donning and use.
* * * * *
(f) * * *
(2) * * *
(vii) Simulated operation of remote controls for stopping
ventilation and fuel supplies to machinery spaces.
* * * * *
(g) * * *
(7) * * *
(v) * * *
(G) Operating equipment provided to aid in the detection of the
survival craft by others, including radio distress
[[Page 52816]]
alerting and radio emergency procedures; and
* * * * *
(h) * * *
(1) * * *
(iv) Logbook entries must identify crew members and industrial
personnel participating in drills or training sessions.
* * * * *
20. In Sec. 109.301 revise paragraphs (d)(2) and (g)(4) to read as
follows:
Sec. 109.301 Operational readiness, maintenance, and inspection of
lifesaving equipment.
* * * * *
(d) * * *
(2) Each lifeboat engine and rescue boat engine must be run ahead
and astern for a total of not less than 3 minutes, unless the ambient
air temperature is below the minimum temperature required for starting
the engine. During this time, demonstrations should indicate that the
gear box and gear box train are engaging satisfactorily. If the special
characteristics of an outboard motor fitted to a rescue boat would not
allow the outboard motor to be run other than with its propeller
submerged for a period of 3 minutes, the outboard motor should be run
for such period as prescribed in the manufacturer's handbook.
* * * * *
(g) * * *
(4) Each inflated rescue boat must be repaired and maintained in
accordance with the manufacturer's instructions. All repairs to
inflated chambers must be made at a servicing facility approved by the
Commandant, except for emergency repairs carried out on board the unit.
* * * * *
21. Revise Sec. 109.425 to read as follows:
Sec. 109.425 Repairs and alterations: Fire detecting and extinguishing
equipment.
(a) Before making repairs or alterations, except for routine
maintenance, minor repairs, or emergency repairs or alterations to fire
detecting and extinguishing equipment, the master or person in charge
must report the nature of the repairs or alterations to the OCMI.
(b) When emergency repairs or alterations, other than minor
emergency repairs, have been made to fire-detecting or fire-
extinguishing equipment, the master or person in charge must report the
nature of the repairs or alterations to the OCMI.
PART 133--LIFESAVING SYSTEMS
22. The authority citation for part 133 continues to read as
follows:
Authority: 46 U.S.C. 3306; 46 CFR 1.46.
23. In Sec. 133.70 revise paragraphs (a)(3)(ii), (b)(4), (c)(3) and
(c)(4) to read as follows:
Sec. 133.70 Personal lifesaving appliances.
(a) * * *
(3) * * *
(ii) Each lifebuoy must be marked in block capital letters with the
name of the OSV and the name of the port required to be marked on the
stern of the OSV under subpart 67.123 of this chapter.
* * * * *
(b) * * *
(4) Lifejacket lights. Each lifejacket must have a lifejacket light
approved under approval series 161.112 or 161.012 securely attached to
the front shoulder area of the lifejacket. However, lifejacket lights
bearing Coast Guard approval number 161.012/2/1 are not permitted on
OSVs certificated to operate on waters where water temperature may drop
below 10 deg. C (50 deg. F).
* * * * *
(c) * * *
(3) Markings. Each immersion suit or anti-exposure suit must be
marked in such a way as to identify the person or OSV to which it
belongs.
(4) Lights for immersion suits or anti-exposure suits. Each
immersion suit or anti-exposure suit must have a lifejacket light
approved under approval series 161.112 or 161.012 securely attached to
the front shoulder area of the immersion suit or anti-exposure suit.
However, lifejacket lights bearing Coast Guard approval number 161.012/
2/1 are not permitted on OSVs certificated to operate on waters where
water temperature may drop below 10 deg. C (50 deg. F).
* * * * *
24. In Sec. 133.130 revise paragraph (a)(2) to read as follows:
Sec. 133.130 Stowage of survival craft.
(a) * * *
(1) * * *
(2) Each survival craft must be stowed in a way that neither the
survival craft nor its stowage arrangements will interfere with the
embarkation and operation of any other survival craft or rescue boat at
any other launching station.
* * * * *
25. In Sec. 133.150 revise paragraph (c)(6) to read as follows:
Sec. 133.150 Survival craft launching and recovery arrangements:
General.
* * * * *
(c) * * *
(6) Liferafts installed on liftboats.
* * * * *
26. In Sec. 133.160 revise paragraph (a) to read as follows:
Sec. 133.160 Rescue boat embarkation, launching and recovery
arrangements.
(a) Each davit for a rescue boat must be approved under approval
series 160.132 with a winch approved under approval series 160.115. If
the launching arrangement uses a single fall, the davit may be of a
type which is turned out manually, and the release mechanism may be an
automatic disengaging apparatus approved under approval series 160.170
instead of a lifeboat release mechanism. Each rescue boat must be able
to be boarded and launched directly from the stowed position with the
number of persons assigned to crew the rescue boat on board. If the
rescue boat is also a lifeboat and the other lifeboats are boarded and
launched from an embarkation deck, the arrangements must be such that
the rescue boat can also be boarded and launched from the embarkation
deck.
* * * * *
PART 168--CIVILIAN NAUTICAL SCHOOL VESSELS
27. The authority citation for part 168 continues to read as
follows:
Authority: 46 U.S.C. 3305; 3306; 46 CFR 1.46.
Sec. 168.05 [Amended]
28. In Sec. 168.05-5 remove the word ``Accommadations'' and add, in
its place, the word ``Accommodations'.
PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS
29. The authority citation for part 199 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 46 CFR 1.46.
30. In Sec. 199.03 revise paragraphs (b)(9) and (b)(10) to read as
follows:
Sec. 199.03 Relationship to international standards.
* * * * *
(b) * * *
(9) The requirements for guarding of falls in Secs. 199.153 (e) and
(g) must be met.
(10) The winch drum requirements described in Sec. 199.153(f) must
be met for all survival craft winches, including multiple drum winches.
* * * * *
[[Page 52817]]
31. Revise Sec. 199.10 to read as follows:
Sec. 199.10 Applicability.
(a) General. Unless expressly provided otherwise in this Chapter,
this part applies to all vessels inspected under U.S. law as set out in
Table 199.10(a).
Table 199.10(a).--Lifesaving Requirements for Inspected Vessels.
--------------------------------------------------------------------------------------------------------------------------------------------------------
46 CFR Subchapter W Subparts applicable \1\
------------------------------ Vessel Type Vessel Service ------------------------------------------------------------------------ Other \2\
Subchapter A B C D E F
--------------------------------------------------------------------------------------------------------------------------------------------------------
D............................ Tank > 500 tons. International X X .......... X
voyage \3\.
D............................ Tank > 500 tons. International X X .......... X X X
voyage \3\.
D............................ Tank............ All other X X .......... X X X
services.
H............................ Passenger....... International X X X X
voyage \3\.
H............................ Passenger....... Short Inter'l X X X
voyage \3\.
H............................ Passenger....... All other X X X .......... X
services.
I............................ Cargo > 500 tons International X X .......... X
voyage \3\.
I............................ Cargo 1< 500="" international="" x="" x="" ..........="" x="" x="" tons.="" voyage="" \3\.="" i............................="" cargo...........="" all="" other="" x="" x="" ..........="" x="" x="" x="" services.="" i-a..........................="" modu............="" all.............="" ..........="" ..........="" ..........="" ..........="" ..........="" ..........="" 46="" cfr="" 108="" k............................="" small="" passenger.="" international="" x="" x="" x="" voyage="" \3\.="" k............................="" small="" passenger.="" short="" inter'l="" x="" x="" x="" voyage="" \3\.="" k............................="" small="" passenger.="" all="" other="" ..........="" ..........="" ..........="" ..........="" ..........="" ..........="" 46="" cfr="" 117="" services.="" l............................="" offshore="" supply.="" all.............="" ..........="" ..........="" ..........="" ..........="" ..........="" ..........="" 46="" cfr="" 133="" r--part="" 167..................="" public="" nautical="" international="" x="" x="" x="" \4\="" x="" \5\="" school.="" voyage="" \3\.="" r--part="" 167..................="" public="" nautical="" all="" other="" x="" x="" x="" \4\="" x="" \5\="" x="" x="" school.="" services.="" r--part="" 168..................="" civilian="" international="" x="" x="" x="" \4\="" x="" \5\="" ..........="" nautical="" school.="" voyage="" \3\.="" r--part="" 168..................="" civilian="" all="" other="" x="" x="" x="" \4\="" x="" \5\="" x="" x="" nautical="" school.="" services.="" r--part="" 169..................="" sailing="" school..="" all="" services....="" ..........="" ..........="" ..........="" ..........="" ..........="" ..........="" 46="" cfr="" 169.500="" t............................="" small="" passenger.="" international="" x="" x="" x="" voyage="" \3\.="" t............................="" small="" passenger.="" short="" int'l="" x="" x="" x="" voyage="" \3\.="" t............................="" small="" passenger.="" all="" other="" ..........="" ..........="" ..........="" ..........="" ..........="" ..........="" 46="" cfr="" 180="" services.="" u............................="" oceanographic="" international="" x="" x="" x="" \4\="" x="" \5\="" res..="" voyage="" \3\.="" u............................="" oceanographic="" all="" other="" x="" x="" x="" \4\="" x="" \5\="" x="" x="" res..="" services.="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" notes:="" \1\="" subchapter="" w="" does="" not="" apply="" to="" inspected="" nonself-propelled="" vessels="" without="" accommodations="" or="" work="" stations="" on="" board.="" \2\="" indicates="" section="" where="" primary="" lifesaving="" system="" requirements="" are="" located.="" other="" regulations="" may="" also="" apply.="" \3\="" not="" including="" vessels="" solely="" navigating="" the="" great="" lakes="" of="" north="" america="" and="" the="" river="" saint="" lawrence="" as="" far="" east="" as="" a="" straight="" line="" drawn="" from="" cap="" des="" rosiers="" to="" west="" point,="" anticosti="" island="" and,="" on="" the="" north="" side="" anticosti="" island,="" the="" 63rd="" meridian.="" \4\="" applies="" to="" vessels="" carrying="" more="" than="" 50="" special="" personnel,="" or="" vessels="" carrying="" not="" more="" than="" 50="" special="" personnel="" if="" the="" vessels="" meet="" the="" structural="" fire="" protection="" requirements="" in="" subchapter="" h="" of="" this="" chapter="" for="" passenger="" vessels="" of="" the="" same="" size.="" \5\="" applies="" to="" vessels="" carrying="" not="" more="" than="" 50="" special="" personnel="" that="" do="" not="" meet="" the="" structural="" fire="" protection="" requirements="" in="" subchapter="" h="" of="" this="" chapter="" for="" passenger="" vessels="" of="" the="" same="" size.="" (b)="" inspected="" vessels="" not="" covered="" under="" this="" subchapter.="" this="" part="" does="" not="" apply="" to="" non-self-propelled="" vessels="" without="" accommodations="" or="" work="" stations="" on="" board.="" unless="" otherwise="" required="" by="" this="" chapter,="" it="" does="" not="" apply="" to="" offshore="" supply="" vessels;="" mobile="" offshore="" drilling="" units;="" small="" passenger="" vessels;="" and="" sailing="" school="" vessels.="" (c)="" conversion="" of="" cargo="" vessel="" to="" passenger="" vessel.="" for="" purposes="" of="" the="" application="" of="" this="" part,="" a="" cargo="" vessel,="" whenever="" constructed,="" which="" is="" converted="" to="" a="" passenger="" vessel="" is="" deemed="" to="" be="" a="" passenger="" vessel="" that="" is="" constructed="" on="" the="" date="" on="" which="" the="" conversion="" commences.="" (d)="" vessels="" on="" international="" voyages.="" this="" subpart="" and="" subparts="" b,="" c,="" and="" d="" of="" this="" part="" apply="" to="" vessels="" engaged="" on="" international="" voyages,="" except--="" (1)="" cargo="" vessels="" of="" less="" than="" 500="" tons="" gross="" tonnage;="" (2)="" vessels="" not="" propelled="" by="" mechanical="" means;="" [[page="" 52818]]="" (3)="" wooden="" vessels="" of="" primitive="" build;="" and="" (4)="" vessels="" solely="" navigating="" the="" great="" lakes="" of="" north="" america="" and="" the="" river="" saint="" lawrence="" as="" far="" east="" as="" a="" straight="" line="" drawn="" from="" cap="" des="" rosiers="" to="" west="" point,="" anticosti="" island,="" and="" on="" the="" north="" side="" anticosti="" island,="" the="" 63rd="" meridian.="" (5)="" tank="" vessels="" constructed="" before="" october="" 1,="" 1996="" engaged="" in="" voyages="" between="" the="" continental="" united="" states="" and="" alaska="" or="" hawaii,="" and="" all="" other="" vessels="" engaged="" on="" international="" voyages="" which="" were="" constructed="" before="" july="" 1,="" 1986,="" must="" meet="" the="" requirements="" of="" secs.="" 199.70(b)(4)(i),="" 199.80,="" 199.90,="" 199.100,="" 199.180,="" 199.190="" (paragraph="" (b)="" applies="" as="" much="" as="" practicable),="" 199.214,="" 199.217,="" 199.250,="" 199.261="" (b)(2)="" and="" (e),="" and="" 199.273,="" and="" must="" fit="" retro-="" reflective="" material="" on="" all="" floating="" appliances,="" lifejackets="" and="" immersion="" suits.="" except="" for="" the="" requirements="" of="" secs.="" 199.261="" (b)(2)="" and="" (e),="" vessels="" may="" retain="" the="" number,="" type,="" and="" arrangement="" of="" lifesaving="" appliances="" previously="" required="" and="" approved="" for="" the="" vessel="" as="" long="" as="" the="" arrangement="" or="" appliance="" is="" maintained="" in="" good="" condition="" to="" the="" satisfaction="" of="" the="" ocmi.="" (e)="" passenger="" vessels.="" for="" the="" purposes="" of="" this="" part,="" the="" following="" vessels="" must="" meet="" the="" requirements="" for="" passenger="" vessels:="" (1)="" passenger="" vessels.="" (2)="" special="" purpose="" vessels="" carrying="" more="" than="" 50="" special="" personnel.="" (3)="" special="" purpose="" vessels="" carrying="" not="" more="" than="" 50="" special="" personnel="" if="" the="" vessels="" meet="" the="" structural="" fire="" protection="" requirements="" in="" subchapter="" h="" of="" this="" chapter="" for="" passenger="" vessels="" of="" the="" same="" size.="" (f)="" cargo="" vessels.="" for="" the="" purposes="" of="" this="" part,="" the="" following="" vessels="" must="" meet="" the="" requirements="" for="" cargo="" vessels:="" (1)="" cargo="" vessels.="" (2)="" tank="" vessels.="" (3)="" special="" purpose="" vessels="" carrying="" not="" more="" than="" 50="" special="" personnel="" that="" do="" not="" meet="" the="" structural="" fire="" protection="" requirements="" in="" subchapter="" h="" of="" this="" chapter="" for="" passenger="" vessels="" of="" the="" same="" size.="" (g)="" subparts="" applying="" to="" vessels="" on="" international="" and="" short="" international="" voyages.="" (1)="" passenger="" vessels="" on="" international="" voyages="" must="" meet="" the="" requirements="" of="" this="" subpart="" and="" subparts="" b="" and="" c="" of="" this="" part.="" (2)="" cargo="" vessels="" on="" international="" voyages="" must="" meet="" the="" requirements="" of="" this="" subpart="" and="" subparts="" b="" and="" d="" of="" this="" part.="" (3)="" the="" provisions="" for="" passenger="" vessels="" on="" short="" international="" voyages="" in="" this="" subpart="" and="" subparts="" b="" and="" c="" of="" this="" part="" do="" not="" apply="" to="" special="" purpose="" vessels="" described="" in="" paragraphs="" (f)(2)="" and="" (3)="" of="" this="" section.="" (h)="" vessels="" not="" subject="" to="" solas.="" vessels="" not="" on="" international="" voyages="" and="" vessels="" listed="" in="" paragraph="" (d)="" of="" this="" section="" must="" meet="" the="" requirements="" of="" this="" subpart="" and="" subparts="" b,="" c,="" d,="" and="" e="" of="" this="" part="" unless="" otherwise="" exempted="" or="" permitted="" by="" subpart="" f="" of="" this="" part.="" (1)="" vessels="" on="" other="" than="" international="" voyages="" and="" vessels="" listed="" in="" paragraph="" (d)="" of="" this="" section="" which="" were="" constructed="" prior="" to="" october="" 1,="" 1996,="" must--="" (i)="" by="" october="" 1,="" 1999,="" meet="" the="" requirements="" of="" secs.="" 199.70(b)(4)(i),="" 199.80,="" 199.90,="" 199.100,="" 199.180,="" 199.190="" (paragraph="" (b)="" applies="" as="" much="" as="" practicable),="" 199.217,="" 199.250,="" 199.273,="" and="" 199.510,="" and="" fit="" retroreflective="" material="" on="" all="" floating="" appliances,="" lifejackets,="" and="" immersion="" suits;="" (ii)="" by="" october="" 1,="" 2003,="" passenger="" vessels="" must="" carry="" the="" number="" and="" type="" of="" survival="" craft="" specified="" in="" table="" 199.630="" of="" this="" part="" and="" cargo="" vessels="" in="" oceans="" and="" coastwise="" service="" must="" carry="" the="" number="" and="" type="" of="" survival="" craft="" specified="" in="" sec.="" 199.261(b)(2)="" and="" (e);="" (iii)="" by="" october="" 1,="" 2003,="" passenger="" vessels="" must="" carry="" the="" immersion="" suits="" and="" thermal="" protective="" aids="" specified="" in="" sec.="" 199.214;="" and="" (iv)="" except="" for="" the="" requirements="" in="" paragraphs="" (i)(1)(ii)="" and="" (i)(1)(iii)="" of="" this="" section,="" vessels="" may="" retain="" the="" number,="" type,="" and="" arrangement="" of="" lifesaving="" equipment,="" including="" lifeboats,="" lifeboat="" davits,="" winches,="" inflatable="" liferafts,="" liferaft="" launching="" equipment,="" rescue="" boats,="" lifefloats,="" and="" buoyant="" apparatus="" previously="" required="" and="" approved="" for="" the="" vessel="" as="" long="" as="" the="" arrangement="" or="" appliance="" is="" maintained="" in="" good="" condition="" to="" the="" satisfaction="" of="" the="" ocmi.="" (2)="" this="" paragraph="" does="" not="" apply="" to="" public="" vessels.="" (i)="" new="" lifesaving="" appliances="" or="" arrangements.="" when="" any="" lifesaving="" appliance="" or="" arrangement="" on="" a="" vessel="" subject="" to="" this="" part="" is="" replaced,="" or="" when="" the="" vessel="" undergoes="" repairs,="" alterations,="" or="" modifications="" of="" a="" major="" character="" involving="" replacement="" of,="" or="" any="" addition="" to,="" the="" existing="" lifesaving="" appliance="" or="" arrangements,="" each="" new="" lifesaving="" appliance="" and="" arrangement="" must="" meet="" the="" requirements="" of="" this="" part,="" unless="" the="" ocmi="" determines="" that="" the="" vessel="" cannot="" accommodate="" the="" new="" appliance="" or="" arrangement,="" except="" that--="" (1)="" a="" survival="" craft="" is="" not="" required="" to="" meet="" the="" requirements="" of="" this="" part="" if="" it="" is="" replaced="" without="" replacing="" its="" davit="" and="" winch;="" and="" (2)="" a="" davit="" and="" its="" winch="" are="" not="" required="" to="" meet="" the="" requirements="" of="" this="" part="" if="" one="" or="" both="" are="" replaced="" without="" replacing="" the="" survival="" craft.="" (j)="" repairs="" and="" alterations="" to="" lifesaving="" appliances.="" no="" extensive="" repairs="" or="" alterations,="" except="" in="" an="" emergency,="" may="" be="" made="" to="" a="" lifesaving="" appliance="" without="" advance="" notification="" to="" the="" ocmi.="" insofar="" as="" possible,="" each="" repair="" or="" alteration="" must="" be="" made="" with="" material,="" and="" tested="" in="" the="" manner,="" specified="" in="" this="" subchapter="" and="" applicable="" to="" the="" new="" construction="" requirements="" in="" subchapter="" q="" of="" this="" chapter.="" emergency="" repairs="" or="" alterations="" must="" be="" reported="" as="" soon="" as="" practicable="" to="" the="" ocmi="" responsible="" for="" the="" port="" or="" location="" where="" the="" vessel="" may="" call="" after="" such="" repairs="" are="" made.="" lifeboats,="" rescue="" boats,="" or="" rigid="" liferafts="" may="" not="" be="" reconditioned="" for="" use="" on="" a="" vessel="" other="" than="" the="" one="" they="" were="" originally="" built="" for,="" unless="" specifically="" accepted="" by="" the="" ocmi.="" (k)="" vessels="" reflagged="" under="" sec.="" 1137,="" coast="" guard="" authorization="" act="" of="" 1996.="" vessels="" that="" qualify="" for="" a="" certificate="" of="" inspection="" under="" the="" provisions="" of="" section="" 1137,="" coast="" guard="" authorization="" act="" of="" 1996,="" public="" law="" 104-324,="" 110="" stat.="" 3988="" (46="" u.s.c.a.="" app.="" 1187,="" note),="" are="" not="" subject="" to="" the="" requirements="" of="" this="" part="" if="" such="" vessels="" meet="" lifesaving="" equipment="" standards="" required="" under="" section="" 1137="" as="" determined="" by="" the="" commandant.="" 32.="" amend="" sec.="" 199.70="" as="" follows:="" a.="" remove="" and="" reserve="" paragraph="" (b)(2)(ii);="" and="" b.="" revise="" paragraphs="" (a)(2)="" and="" (c)(3)="" to="" read="" as="" follows;="" sec.="" 199.70="" personal="" lifesaving="" appliances.="" (a)="" *="" *="" *="" (2)="" markings.="" each="" lifebuoy="" must="" be="" marked="" in="" block="" capital="" letters="" with="" the="" name="" of="" the="" vessel="" and="" the="" name="" of="" the="" port="" required="" to="" be="" marked="" on="" the="" stern="" of="" the="" vessel="" under="" secs.="" 67.123="" of="" part="" 67="" of="" this="" chapter.="" *="" *="" *="" *="" *="" (c)="" *="" *="" *="" (3)="" markings.="" each="" immersion="" suit="" or="" anti-exposure="" suit="" must="" be="" marked="" in="" such="" a="" way="" as="" to="" identify="" the="" person="" or="" vessel="" to="" which="" it="" belongs.="" *="" *="" *="" *="" *="" 33.="" in="" sec.="" 199.80="" revise="" paragraph="" (b)(4)="" to="" read="" as="" follows:="" sec.="" 199.80="" muster="" list="" and="" emergency="" instructions.="" *="" *="" *="" *="" *="" (b)="" *="" *="" *="" (4)="" how="" the="" order="" to="" abandon="" the="" vessel="" will="" be="" given;="" *="" *="" *="" *="" *="" 34.="" in="" sec.="" 199.100="" revise="" paragraph="" (f)="" to="" read="" as="" follows:="" [[page="" 52819]]="" sec.="" 199.100="" manning="" of="" survival="" craft="" and="" supervision.="" *="" *="" *="" *="" *="" (f)="" the="" master="" must="" make="" sure="" that="" the="" persons="" required="" under="" paragraphs="" (a),="" (b),="" (c),="" and="" (d)="" of="" this="" section="" are="" equitably="" distributed="" among="" the="" vessel's="" survival="" craft.="" sec.="" 199.110="" [amended]="" 35.="" in="" sec.="" 199.110,="" in="" the="" first="" sentence="" of="" paragraph="" (f)(4),="" remove="" the="" word="" ``man''="" and="" add,="" in="" its="" place,="" the="" word="" ``may''.="" 36.="" in="" sec.="" 199.140="" revise="" paragraph="" (a)(1)="" to="" read="" as="" follows:="" sec.="" 199.140="" stowage="" of="" rescue="" boats.="" (a)="" *="" *="" *="" (1)="" to="" be="" ready="" for="" launching="" in="" not="" more="" than="" 5="" minutes;="" *="" *="" *="" *="" *="" 37.="" amend="" sec.="" 199.153="" as="" follows:="" a.="" in="" paragraph="" (h)(1)="" remove="" the="" word="" ``actula''="" and="" add,="" in="" its="" place,="" the="" word="" ``actual'';="" b.="" in="" paragraph="" (h)(2)="" remove="" the="" word="" ``thee''="" and="" add,="" in="" its="" place,="" the="" word="" ``the'';="" c.="" in="" paragraph="" (i)="" remove="" the="" phrase="" ``paragraph="" (g)''="" and="" add,="" in="" its="" place,="" the="" phrase="" ``paragraph="" (h)'';="" and="" d.="" revise="" paragraph="" (f)="" to="" read="" as="" follows:="" sec.="" 199.153="" survival="" craft="" launching="" and="" recovery="" arrangements="" using="" falls="" and="" a="" winch.="" *="" *="" *="" *="" *="" (f)="" each="" winch="" drum="" must="" be="" arranged="" so="" the="" fall="" wire="" winds="" onto="" the="" drum="" in="" one="" or="" more="" level="" wraps.="" a="" multiple="" drum="" winch="" must="" be="" arranged="" so="" that="" the="" falls="" wind="" off="" at="" the="" same="" rate="" when="" lowering="" and="" onto="" the="" drums="" at="" the="" same="" rate="" when="" hoisting.="" *="" *="" *="" *="" *="" 38.="" in="" sec.="" 199.175="" revise="" paragraph="" (b)(21)(i)(b)="" to="" read="" as="" follows:="" sec.="" 199.175="" survival="" craft="" and="" rescue="" boat="" equipment.="" (b)="" *="" *="" *="" (21)="" *="" *="" *="" (i)="" *="" *="" *="" (b)="" the="" painter="" for="" a="" lifeboat="" and="" each="" painter="" for="" a="" rescue="" boat="" must="" be="" of="" a="" length="" that="" is="" at="" least="" twice="" the="" distance="" from="" the="" stowage="" position="" of="" the="" boat="" to="" the="" waterline="" with="" the="" vessel="" in="" its="" lightest="" seagoing="" condition,="" or="" must="" be="" 15="" meters="" (50="" feet)="" long,="" whichever="" is="" the="" greater.="" *="" *="" *="" *="" *="" 39.="" in="" sec.="" 199.176="" revise="" paragraphs="" (a)(1)(ii),="" (a)(2)="" and="" (b)(2)="" to="" read="" as="" follows:="" sec.="" 199.176="" markings="" on="" lifesaving="" appliances.="" (a)="" *="" *="" *="" (1)="" *="" *="" *="" (ii)="" the="" name="" of="" the="" port="" required="" to="" be="" marked="" on="" the="" stern="" of="" the="" vessel="" to="" meet="" the="" requirements="" of="" subpart="" 67.123="" of="" this="" chapter.="" (2)="" the="" number="" of="" persons="" for="" which="" the="" boat="" is="" equipped="" must="" be="" clearly="" marked,="" preferably="" on="" the="" bow,="" in="" permanent="" characters.="" the="" number="" of="" persons="" for="" which="" the="" boat="" is="" equipped="" must="" not="" exceed="" the="" number="" of="" persons="" shown="" on="" its="" nameplate.="" *="" *="" *="" *="" *="" (b)="" *="" *="" *="" (2)="" the="" name="" of="" the="" port="" required="" to="" be="" marked="" on="" the="" stern="" of="" the="" vessel="" to="" meet="" the="" requirements="" of="" sec.="" 67.123="" of="" this="" chapter="" must="" be="" marked="" on="" each="" rigid="" liferaft.="" 40.="" in="" sec.="" 199.180="" revise="" paragraphs="" (a)(2)(vi),="" (a)(2)(ix),="" (d)(11),="" and="" (f)(2)(i)="" to="" read="" as="" follows:="" sec.="" 199.180="" emergency="" training="" and="" drills.="" (a)="" *="" *="" *="" (2)="" *="" *="" *="" (vi)="" the="" method="" and="" use="" of="" water="" spray="" systems="" in="" launching="" areas="" when="" such="" systems="" are="" required="" for="" the="" protection="" of="" aluminum="" survival="" craft="" or="" launching="" appliances;="" *="" *="" *="" *="" *="" (ix)="" the="" use="" of="" all="" detection="" equipment="" for="" the="" location="" of="" survivors="" or="" survival="" craft;="" (d)="" *="" *="" *="" (11)="" if="" a="" vessel="" carries="" immersion="" suits="" or="" anti-exposure="" suits,="" the="" suits="" must="" be="" worn="" by="" crewmembers="" in="" at="" least="" one="" abandon="" ship="" drill="" in="" any="" three-month="" period.="" if="" wearing="" the="" suits="" is="" impracticable="" due="" to="" warm="" weather,="" the="" crewmembers="" must="" be="" instructed="" on="" their="" donning="" and="" use.="" *="" *="" *="" *="" *="" (f)="" *="" *="" *="" (2)="" *="" *="" *="" (i)="" reporting="" to="" stations="" and="" preparing="" for="" the="" duties="" described="" in="" the="" muster="" list="" for="" the="" particular="" fire="" emergency="" being="" simulated;="" *="" *="" *="" *="" *="" 41.="" in="" sec.="" 199.190="" revise="" paragraphs="" (d)(2)="" and="" (g)(4)="" to="" read="" as="" follows:="" sec.="" 199.190="" operational="" readiness,="" maintenance,="" and="" inspection="" of="" lifesaving="" equipment="" *="" *="" *="" *="" *="" (d)="" *="" *="" *="" (2)="" each="" lifeboat="" engine="" and="" rescue="" boat="" engine="" must="" be="" run="" ahead="" and="" astern="" for="" a="" total="" of="" not="" less="" than="" 3="" minutes="" unless="" the="" ambient="" temperature="" is="" below="" the="" minimum="" temperature="" required="" for="" starting="" the="" engine.="" during="" this="" time,="" demonstrations="" should="" indicate="" that="" the="" gear="" box="" and="" gear="" box="" train="" are="" engaging="" satisfactorily.="" if="" the="" special="" characteristics="" of="" an="" outboard="" motor="" fitted="" to="" a="" rescue="" boat="" would="" not="" allow="" the="" outboard="" motor="" to="" be="" run="" other="" than="" with="" its="" propeller="" submerged="" for="" a="" period="" of="" 3="" minutes,="" the="" outboard="" motor="" should="" be="" run="" for="" such="" period="" as="" prescribed="" in="" the="" manufacturer's="" handbook.="" *="" *="" *="" *="" *="" (g)="" *="" *="" *="" (4)="" each="" inflated="" rescue="" boat="" must="" be="" repaired="" and="" maintained="" in="" accordance="" with="" the="" manufacturer's="" instructions.="" all="" repairs="" to="" inflated="" chambers="" must="" be="" made="" at="" a="" servicing="" facility="" approved="" by="" the="" commandant,="" except="" for="" emergency="" repairs="" carried="" out="" on="" board="" the="" vessel.="" *="" *="" *="" *="" *="" 42.="" in="" sec.="" 199.610,="" revise="" paragraph="" (a)="" and="" table="" 199.610(a)="" to="" read="" as="" follows:="" sec.="" 199.610="" exemptions="" for="" vessels="" in="" specified="" services.="" (a)="" all="" vessels.="" vessels="" operating="" in="" coastwise,="" great="" lakes,="" lakes,="" bays="" and="" sounds,="" and="" rivers="" services="" are="" exempt="" from="" requirements="" in="" subparts="" a="" through="" e="" of="" this="" part="" as="" specified="" in="" table="" 199.610(a)="" of="" this="" section.="" table="" 199.610(a).--exemptions="" for="" all="" vessels="" in="" specified="" services="" ----------------------------------------------------------------------------------------------------------------="" service="" -----------------------------------------------------------------------="" section="" or="" paragraph="" in="" this="" part="" lakes,="" bays,="" and="" coastwise="" great="" lakes="" sounds="" rivers="" ----------------------------------------------------------------------------------------------------------------="" 199.60(c):="" distress="" signals.............="" (\1\)="" (\1\)="" exempt..........="" exempt.="" 199.70(a)(3)(iii):="" lifebuoys="" fitted="" with="" exempt..........="" exempt..........="" exempt..........="" exempt.="" smoke="" signals.="" 199.70(b)(1)(i):="" carriage="" of="" additional="" (\2\)="" (\2\)="" (\2\)="" (\2\)="" child-size="" lifejackets.="" 199.70(b)(4)(i):="" lifejacket="" lights="" (for="" (\3\)="" (\3\)="" exempt..........="" exempt.="" lifejackets).="" 199.70(c)(4)(i):="" lifejacket="" lights="" (for="" (\3\)="" (\3\)="" exempt..........="" exempt.="" immersion="" suits).="" [[page="" 52820]]="" 199.70(b)(4)(ii):="" lifejacket="" whistles...="" exempt..........="" exempt..........="" exempt..........="" exempt.="" 199.70(c):="" immersion="" suits="" for="" rescue="" not="" exempt......="" not="" exempt......="" exempt..........="" exempt.="" boat="" crew="" members.="" 199.70(c)(4)(ii):="" immersion="" suit="" exempt..........="" exempt..........="" exempt..........="" exempt.="" whistles.="" 199.100(c)(1):="" requirements="" for="" person-="" not="" exempt......="" not="" exempt......="" not="" exempt......="" exempt.="" in-charge="" of="" survival="" craft.="" 199.100(d):="" designation="" of="" second-in-="" (\4\)="" (\4\)="" (\4\)="" exempt.="" command="" of="" lifeboat.="" 199.110(f):="" embarkation="" ladders="" at="" (\5\)="" (\5\)="" (\5\)="" (\5\)="" launching="" stations.="" 199.130(a)(4):="" survival="" craft="" stowage="" not="" exempt......="" not="" exempt......="" exempt..........="" exempt.="" position.="" 199.170:="" line-throwing="" appliance........="" not="" exempt......="" exempt..........="" exempt..........="" exempt.="" 199.175(b)(21)(ii)(b)="" or="" (\6\)="" (\6\)="" (\6\)="" (\6\)="" 199.640(j)(4)(e):="" float-free="" link.="" 199.190(j):="" renewal="" of="" survival="" craft="" not="" exempt......="" (\7\)="" (\7\)="" (\7\)="" falls.="" 199.202="" or="" 199.262="" rescue="" boats.........="" (\8\)="" (\8\)="" (\8\)="" (\8\)="" 199.510:="" epirb="" requirement..............="" (\8\="" \9\)="" (\8\="" \10\)="" exempt..........="" exempt.="" ----------------------------------------------------------------------------------------------------------------="" notes:="" \1\="" exempt="" if="" the="" vessel="" operates="" on="" a="" route="" with="" a="" duration="" of="" 30="" minutes="" or="" less.="" \2\="" exempt="" if="" the="" vessel="" does="" not="" carry="" persons="" smaller="" than="" the="" lower="" size="" limit="" of="" the="" lifejackets="" carried.="" \3\="" exempt="" if="" the="" vessel="" is="" a="" ferry="" or="" has="" no="" overnight="" accommodations.="" \4\="" exempt="" if="" the="" lifeboat="" has="" a="" carrying="" capacity="" of="" less="" than="" 40="" persons.="" \5\="" exempt="" if="" the="" distance="" is="" less="" than="" 3="" meters="" (10="" feet)="" from="" the="" embarkation="" deck="" to="" the="" water="" with="" the="" vessel="" in="" its="" lightest="" seagoing="" operating="" condition.="" \6\="" exempt="" if="" the="" vessel="" operates="" on="" a="" route="" on="" which="" the="" water="" depth="" is="" never="" more="" than="" the="" length="" of="" the="" painter.="" \7\="" exempt="" if="" the="" vessel="" operates="" on="" a="" fresh="" water="" route="" and="" inspection="" shows="" that="" the="" falls="" are="" not="" damaged="" by="" corrosion.="" \8\="" exempt="" if="" the="" vessel="" is="" non-self="" propelled="" and="" in="" tow,="" moored="" to="" or="" alongside="" a="" modu="" or="" a="" self-propelled="" vessel,="" or="" moored="" to="" shore.="" \9\="" exempt="" if="" the="" vessel="" is="" a="" cargo="" vessel="" under="" 300="" tons="" gross="" tonnage="" and="" operates="" on="" a="" route="" no="" more="" than="" 3="" nautical="" miles="" from="" shore.="" \10\="" exempt="" if="" the="" vessel="" operates="" on="" a="" route="" no="" more="" than="" 3="" nautical="" miles="" from="" shore.="" *="" *="" *="" *="" *="" 43.="" amend="" sec.="" 199.620="" as="" follows:="" a.="" revise="" table="" 199.620(a)="" and="" paragraph="" (e)="" as="" follows;="" b.="" in="" the="" paragraph="" immediately="" following="" paragraph="" (k)(2),="" remove="" the="" paragraph="" designation="" ``1''="" (the="" numeral="" ``one'')="" and="" add,="" in="" its="" place,="" the="" paragraph="" designation="" ``l''="" (the="" lower="" case="" letter="" ``l'');="" and="" c.="" add="" paragraphs="" (o)="" and="" (p)="" as="" follows.="" sec.="" 199.620="" alternatives="" for="" all="" vessels="" in="" a="" specified="" service.="" *="" *="" *="" *="" *="" table="" 199.620(a).--alternative="" requirements="" for="" all="" vessels="" in="" a="" specified="" service="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" service="" and="" reference="" to="" alternative="" requirement="" section="" or="" paragraph="" --------------------------------------------------------------------------------------------------------------------="" section="" or="" paragraph="" in="" this="" part="" lakes,="" bays="" and="" oceans="" coastwise="" great="" lakes="" sounds="" rivers="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" 199.70(a):="" lifebuoy="" approval="" series="" 199.620(b)\1\.........="" 199.620(b)\1\.........="" 199.620(b)...........="" 199.620(b)...........="" 199.620(b)="" 199.70(b):="" lifejacket="" approval="" 199.620(c)\2\.........="" 199.620(c)\2\.........="" 199.620(c)...........="" 199.620(c)...........="" 199.620(c)="" series.="" 199.70(b)(1):="" number="" of="" lifejackets="" no="" alternative........="" 199.620(d)............="" 199.620(d)...........="" 199.620(d)...........="" 199.620(d)="" carried.="" 199.70(b)(4)(i):="" lifejacket="" light="" no="" alternative........="" 199.620(e)............="" 199.620(e)...........="" not="" applicable.......="" not="" applicable.="" approval="" series.="" 199.100(b):="" manning="" of="" survival="" no="" alternative........="" no="" alternative........="" no="" alternative.......="" no="" alternative.......="" 199.620(o)="" craft.="" 199.110(f):="" embarkation="" ladder.....="" 199.620(f)............="" 199.620(f)............="" 199.620(f)...........="" 199.620(f)...........="" 199.620(f)="" 199.130(b):="" survival="" craft="" stowage="" no="" alternative........="" no="" alternative........="" 199.620(g)...........="" 199.620(g)...........="" 199.620(g)="" position.="" 199.170:="" line-throwing="" appliance="" 199.620(h)\2\.........="" 199.620(h)\3\.........="" not="" applicable.......="" not="" applicable.......="" not="" applicable.="" approval="" series.="" 199.175:="" lifeboat,="" rescue="" boat,="" and="" 199.620(i)\4\.........="" 199.620(i)............="" 199.620(j)...........="" 199.620(j)...........="" 199.620(j)="" rigid="" liferaft="" equipment.="" 199.180="" training="" and="" drills........="" 199.620(p)............="" 199.620(p)............="" 199.620(p)...........="" 199.620(p)...........="" 199.620(p)="" 199.190:="" spares="" and="" repair="" 199.620(n)............="" 199.620(n)............="" 199.620(n)...........="" 199.620(n)...........="" 199.620(n)="" equipment.="" 199.201(a)(2)="" or="" 199.261:="" 199.620(l)\4\.........="" 199.620(l)............="" 199.620(l)...........="" 199.620(l)...........="" 199.620(l)="" inflatable="" liferaft="" equipment.="" 199.201(a)(2)="" or="" 199.621:="" liferaft="" no="" alternative........="" 199.620(k)............="" 199.620(k)...........="" 199.620(k)...........="" 199.620(k)="" approval="" series.="" 199.510:="" epirb="" requirement.........="" 199.620(m)(1).........="" 199.620(m)(1).........="" 199.620(m)...........="" not="" applicable.......="" not="" applicable.="" *="" *="" *="" *="" *="" *="" *="" *="" *="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" \1\="" alternative="" applies="" if="" lifebuoy="" is="" orange.="" \2\="" alternative="" applies="" only="" to="" cargo="" vessels="" that="" are="" less="" than="" 500="" tons="" gross="" tonnage.="" \3\="" alternative="" applies="" to="" cargo="" vessels="" that="" are="" less="" than="" 500="" tons="" gross="" tonnage="" and="" to="" all="" passenger="" vessels.="" \4\="" alternative="" applies="" to="" passenger="" vessels="" limited="" to="" operating="" no="" more="" than="" 50="" nautical="" miles="" from="" shore.="" [[page="" 52821]]="" *="" *="" *="" *="" *="" (e)="" lifejacket="" light="" approval="" series.="" as="" an="" alternative="" to="" lights="" approved="" under="" approval="" series="" 161.112,="" vessels="" may="" use="" lights="" for="" lifejackets="" and="" immersions="" suits="" approved="" under="" series="" 161.012.="" however,="" lifejacket="" lights="" bearing="" coast="" guard="" approval="" number="" 161.012/="" 2/1="" are="" not="" permitted="" on="" vessels="" certificated="" to="" operate="" on="" waters="" where="" water="" temperature="" may="" drop="" below="" 10="" deg.="" c="" (50="" deg.="" f).="" *="" *="" *="" *="" *="" (o)="" deckhands="" may="" be="" used="" to="" operate="" the="" survival="" craft="" and="" launching="" arrangements.="" (p)="" training="" and="" drill="" subjects="" required="" under="" sec.="" 199.180="" may="" be="" omitted="" if="" the="" vessel="" is="" not="" fitted="" with="" the="" relevant="" equipment,="" installation="" or="" system.="" 44.="" in="" sec.="" 199.630="" revise="" table="" 199.630(a),="" paragraphs="" (c),="" (d)(2),="" (f),="" (f)(2)(iv),="" and="" (g)="" and="" add="" new="" paragraphs="" (l),="" and="" (m)="" to="" read="" as="" follows:="" sec.="" 199.630="" alternatives="" for="" passenger="" vessels="" in="" a="" specified="" service.="" (a)="" *="" *="" *="" table="" 199.630(a).--alternative="" requirements="" for="" passenger="" vessels="" in="" a="" specified="" service="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" service="" and="" reference="" to="" alternative="" requirement="" section="" or="" paragraph="" --------------------------------------------------------------------------------------------------------------------="" section="" or="" paragraph="" in="" this="" part="" lakes,="" bays,="" and="" oceans="" coastwise="" great="" lakes="" sounds="" rivers="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" 199.60(c):="" distress="" signals........="" no="" alternative........="" no="" alternative........="" 199.630(b)...........="" not="" applicable.......="" not="" applicable.="" 199.100(c):="" person="" in="" charge="" of="" no="" alternative........="" 199.630(l)............="" 199.630(l)...........="" 199.630(l)...........="" 199.630(l)="" survival="" craft.="" 199.100(d):="" lifeboat="" second-in-="" no="" alternative........="" no="" alternative........="" 199.630(m)...........="" 199.630(m)...........="" not="" applicable.="" command.="" 199.201(b):="" number="" and="" type="" of="" 199.630(c)\1\.........="" 199.630(c)="" or="" 199.630(c)="" or="" 199.630(c)="" or="" 199.630(c)="" or="" survival="" craft="" carried.="" 199.630(d)\2\.="" 199.630(d)\2\="" or="" 199.630(d)="" or="" 199.630(e)="" or="" 199.630(e)="" or="" 199.630(e)="" or="" 199.630(f)="" or="" 199.630(f)2="" or="" 199.630(f)\2\="" or="" 199.630(g)="" or="" 199.630(g)\2\="" \3\="" or="" 199.630(g)\2\="" \3\="" or="" 199.630(h)\4\.="" 199.630(h)\4\.="" 199.630(h)\4\.="" 199.202:="" rescue="" boat="" approval="" no="" alternative........="" no="" alternative........="" no="" alternative.......="" 199.630(i)\5\........="" 199.630(i).="" series.="" 199.203:="" marshaling="" of="" liferafts...="" no="" alternative........="" 199.630(j)............="" not="" applicable.......="" not="" applicable.......="" not="" applicable.="" 199.211(a):="" quantity="" of="" lifebuoys..="" no="" alternative........="" 199.630(k)............="" 199.630(k)...........="" 199.630(k)...........="" 199.630(k).="" --------------------------------------------------------------------------------------------------------------------------------------------------------="" notes:="" \1\="" alternative="" applies="" if="" the="" vessel="" operates="" on="" a="" route="" no="" more="" than="" 50="" nautical="" miles="" from="" shore.="" \2\="" alternative="" applies="" if="" the="" vessel="" is="" a="" ferry="" or="" has="" no="" overnight="" accommodations="" for="" passengers.="" \3\="" alternative="" applies="" during="" periods="" of="" the="" year="" the="" vessel="" operates="" in="" warm="" water.="" \4\="" alternative="" applies="" if="" the="" vessel="" operates="" in="" shallow="" water="" not="" more="" than="" 3="" miles="" from="" shore="" where="" the="" vessel="" cannot="" sink="" deep="" enough="" to="" submerge="" the="" topmost="" deck.="" \5\="" alternative="" applies="" if="" the="" vessel="" operates="" on="" sheltered="" lakes="" or="" harbors.="" *="" *="" *="" *="" *="" (c)="" as="" an="" alternative="" to="" the="" lifeboat="" capacity="" requirements="" of="" sec.="" 199.201(b)(1)(i),="" vessels="" may="" carry="" lifeboats="" with="" an="" aggregate="" capacity="" sufficient="" to="" accommodate="" not="" less="" than="" 30="" percent="" of="" the="" total="" number="" of="" persons="" on="" board.="" these="" lifeboats="" must="" be="" equally="" distributed,="" as="" far="" as="" practicable,="" on="" each="" side="" of="" the="" vessel.="" liferafts="" on="" these="" vessels="" may="" be="" either="" solas="" a="" or="" solas="" b="" liferafts.="" (d)="" *="" *="" *="" (2)="" be="" stowed="" in="" accordance="" with="" the="" requirements="" of="" secs.="" 199.130(a),="" 199.130(c),="" and="" 199.178;="" and="" *="" *="" *="" *="" *="" (f)="" as="" an="" alternative="" to="" the="" survival="" craft="" requirements="" of="" sec.="" 199.201(b),="" vessels="" may="" have="" a="" safety="" assessment="" approved="" by="" the="" local="" ocmi="" that="" addresses="" the="" following:="" *="" *="" *="" *="" *="" (2)="" *="" *="" *="" (iv)="" lists="" of="" external="" organizations="" that="" the="" vessel's="" operator="" would="" call="" for="" assistance="" in="" the="" event="" of="" an="" incident;="" *="" *="" *="" *="" *="" (g)="" as="" an="" alternative="" to="" the="" survival="" craft="" requirements="" of="" sec.="" 199.201(b),="" vessels="" may="" carry="" inflatable="" buoyant="" apparatus="" having="" an="" aggregate="" capacity="" sufficient="" to="" accommodate="" 67="" percent="" of="" the="" total="" number="" of="" persons="" on="" board,="" minus="" the="" capacities="" of="" any="" lifeboats,="" rescue="" boats="" and="" liferafts="" carried="" on="" board.="" these="" inflatable="" buoyant="" apparatus="" must="" meet="" the="" arrangement="" requirements="" of="" sec.="" 199.630="" (d)(1)="" through="" (d)(3).="" the="" number="" of="" persons="" accommodated="" in="" an="" inflatable="" buoyant="" apparatus="" may="" not="" exceed="" 150%="" of="" its="" rated="" capacity.="" *="" *="" *="" *="" *="" (l)="" a="" deck="" officer,="" able="" seaman,="" certificated="" person,="" or="" person="" practiced="" in="" the="" handling="" of="" liferafts="" or="" inflatable="" buoyant="" apparatus="" is="" not="" required="" to="" be="" placed="" in="" charge="" of="" each="" inflatable="" buoyant="" apparatus,="" provided="" that="" there="" are="" a="" sufficient="" number="" of="" such="" persons="" on="" board="" to="" launch="" the="" inflatable="" buoyant="" apparatus="" and="" supervise="" the="" embarkation="" of="" the="" passengers.="" the="" number="" of="" persons="" on="" board="" for="" the="" purpose="" of="" launching="" and="" operating="" inflatable="" buoyant="" apparatus="" may="" be="" reduced="" during="" any="" voyage="" where="" the="" vessel="" is="" carrying="" less="" than="" the="" number="" of="" passengers="" permitted="" on="" board,="" and="" the="" number="" of="" such="" persons="" is="" sufficient="" to="" launch="" and="" operate="" the="" number="" of="" survival="" craft="" required="" to="" accommodate="" everyone="" on="" board.="" (m)="" the="" person="" designated="" second-in-command="" of="" survival="" craft="" is="" not="" required="" to="" be="" a="" certificated="" person="" if="" the="" person="" is="" practiced="" in="" the="" handling="" and="" operation="" of="" survival="" craft.="" 45.="" in="" sec.="" 199.640,="" in="" paragraph="" (i)(2),="" in="" the="" last="" line="" of="" table="" 199.640(i),="" remove="" the="" number="" ``256''="" and="" add,="" in="" its="" place,="" the="" number="" ``656'';="" and="" revise="" paragraph="" (h)(2)="" to="" read="" as="" follows:="" sec.="" 199.640="" alternatives="" for="" cargo="" vessels="" in="" a="" specified="" service.="" *="" *="" *="" *="" *="" (h)="" *="" *="" *="" (2)="" the="" rescue="" boat="" must="" meet="" the="" embarkation,="" launching,="" and="" recovery="" arrangement="" requirements="" in="" sec.="" 199.160="" (b).="" a="" manually-="" powered="" winch="" may="" be="" used="" if="" personnel="" embark="" and="" disembark="" the="" rescue="" boat="" only="" when="" it="" is="" in="" the="" water.="" if="" the="" rescue="" boat="" is="" launched="" or="" recovered="" with="" personnel="" on="" board,="" the="" embarkation,="" launching,="" and="" recovery="" arrangements="" must="" also="" meet="" secs.="" 199.160="" [[page="" 52822]]="" (c)="" through="" (f).="" the="" ocmi="" may="" allow="" deviations="" from="" the="" rescue="" boat="" launching="" requirements="" based="" on="" the="" characteristics="" of="" the="" boat="" and="" the="" conditions="" of="" the="" vessel's="" route.="" dated:="" september="" 23,="" 1998.="" r.c.="" north,="" rear="" admiral,="" u.="" s.="" coast="" guard,="" assistant="" commandant="" for="" marine="" safety="" and="" environmental="" protection.="" [fr="" doc.="" 98-25929="" filed="" 9-30-98;="" 8:45="" am]="" billing="" code="" 4910-15="">