98-25929. Lifesaving Equipment  

  • [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]
    
    
    
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    Part II
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Coast Guard
    
    
    
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    46 CFR Parts 28, 107, 108, etc.
    
    
    
    Lifesaving Equipment; Final Rule
    
    Federal Register / Vol. 63, No. 190 / Thursday, October 1, 1998 / 
    Rules and Regulations
    
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    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
    
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    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
    
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    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).
    
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    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
    
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    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="">

Document Information

Effective Date:
11/2/1998
Published:
10/01/1998
Department:
Coast Guard
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-25929
Dates:
This final rule is effective November 2, 1998.
Pages:
52802-52822 (21 pages)
Docket Numbers:
CGD 84-069
RINs:
2115-AB72: Lifesaving Equipment-Implementation of 1983 Amendments to SOLAS 1974 (CGD 84-069)
RIN Links:
https://www.federalregister.gov/regulations/2115-AB72/lifesaving-equipment-implementation-of-1983-amendments-to-solas-1974-cgd-84-069-
PDF File:
98-25929.pdf
CFR: (42)
46 CFR 199.201(b)
46 CFR 199.201(b)(1)(i)
46 CFR 28.130
46 CFR 107.111
46 CFR 107.231
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