[Federal Register Volume 64, Number 201 (Tuesday, October 19, 1999)]
[Proposed Rules]
[Pages 56287-56293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27283]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 181 and 183
[USCG-1998-4734]
Manufacturer Exemptions From Recreational Boat Standards
AGENCY: Coast Guard, DOT.
ACTION: Notice of petition and request for comments.
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SUMMARY: The Coast Guard seeks public comment to better respond to a
petition for rulemaking submitted by the Personal Watercraft Industry
Association (PWIA). The petition requests that the Coast Guard
authorize a new method of complying with recreational boating safety
laws as they relate to personal watercraft (PWC). Currently, PWC
manufacturers must petition for an exemption from manufacturing
regulations. The PWIA petition suggests that the Coast Guard replace
the exemption process with a requirement for manufacturers to comply
with certain industry standards. This notice fully describes
manufacturing regulations for recreational boats, the exemption
process, and related issues to assist interested persons with providing
helpful comments as to whether the Coast Guard should initiate a
regulatory project.
DATES: Comments and related material must reach the Docket Management
Facility on or before January 19, 2000.
ADDRESSES: You may submit your comments and related material by only
one of the following methods:
[[Page 56288]]
1. By mail to the Docket Management Facility (USCG-1998-4734), U.S.
Department of Transportation, room PL-401, 400 Seventh Street SW.,
Washington, DC 20590-0001.
2. By hand delivery to room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
3. By fax to Docket Management Facility at 202-493-2251.
4. Electronically through the Web Site for the Docket Management
System at http://dms.dot.gov.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room PL-401 on the Plaza level of the Nassif Building at the
same address between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. You may also find this docket on the Internet at
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For questions on this notice, call
Alston Colihan, Office of Boating Safety, Recreational Boating Product
Assurance Division, U.S. Coast Guard, telephone 202-267-0981. For
questions on viewing or submitting material to the docket, call Dorothy
Walker, Chief, Dockets, Department of Transportation, telephone 202-
366-9329.
SUPPLEMENTARY INFORMATION:
Background
The Federal Boat Safety Act of 1971 (46 U.S.C. 4302) gave the Coast
Guard the statutory authority to issue regulations establishing minimum
safety standards for the manufacture of recreational boats and
associated equipment. The Coast Guard subsequently issued the
regulations that appear in 33 CFR Parts 181 (certification regulations)
and 183 (manufacturing regulations). Those regulations establish
standards for the manufacture of conventional types of recreational
boats--ones that contain a typical hull, transom, and passenger load
carrying area. Under the Federal Boat Safety Act of 1971, the Coast
Guard may issue exemptions from the regulations after determining that
doing so will not adversely affect boating safety. Since 1972, the
Coast Guard has granted exemptions from the regulations with respect to
certain non-conventional boats including personal watercraft (PWC),
airboats, hovercraft, submarines, drift boats, race boats, and mini
bass boats. To assist persons who wish to respond to this request for
comments, this notice explains the definition of PWC and describes, in
detail, certification and manufacturing regulations as they relate to
personal watercraft. In their petition, PWIA suggests that the Coast
Guard eliminate the exemption process with respect to PWC by requiring
manufacturers of PWC to comply with certain industry standards.
The Definition of Personal Watercraft (PWC)
The PWC industry coined the term ``Personal Watercraft.''
International Standards Organization (ISO) 13590 defines personal
watercraft as ``* * * an inboard vessel less than 4 meters (13 feet) in
length which uses an internal combustion engine powering a water jet
pump as its primary source of propulsion, and is designed with no open
load carrying area which would retain water. The vessel is designed to
be operated by a person or persons positioned on, rather than within
the confines of the hull.''
The Coast Guard has not formally adopted this definition for PWC
for two reasons. First, there exist other types of boats that might fit
into the above definition except they are outboard powered. Second, PWC
designs are changing such that they are able to carry multiple
passengers and additional gear.
Manufacturing Regulations for Recreational Boats and Typical
Exemptions
The following table (Table 1) shows manufacturing regulations and
the vessels to which they apply:
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The manufacturing regulations, in 33 CFR Part 183, intend to: (1)
Reduce capsizings, swampings, and sinkings involving monohull boats
less than 20 feet in length; (2) reduce the incidence of fires and
explosions involving boats equipped with permanently installed gasoline
engines; and (3) reduce falls overboard from outboard powered boats.
The certification regulations, in 33 CFR Part 181, require
manufacturers to affix a label with specific information certifying
compliance with the manufacturing regulations. Manufacturers that
obtain an exemption from compliance with the manufacturing regulations
also obtain an exemption from compliance with the certification
regulations.
The following table (Table 2) provides examples of some types of
boats for which the Coast Guard has granted exemptions from compliance
with certification and manufacturing regulations:
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The Display of Capacity Information, Safe Loading, Safe Powering
and Flotation Standards apply to manufacturers of monohull boats less
than 20 feet in length, except sailboats, canoes, kayaks and
inflatables.
Display of Capacity Information
The display of capacity information regulations require
manufacturers to display the maximum persons capacity and the maximum
weight capacity determined in accordance with the Safe Loading
regulations on a U.S. Coast Guard Maximum Capacities Label affixed to
the boat. The standard also requires display of the maximum horsepower
capacity determined in accordance with the Safe Powering regulations on
outboard powered boats.
Safe Loading
The safe loading regulations are divided into three parts depending
upon whether a boat is: (1) Manually propelled or rated for an outboard
motor of two horsepower or less; (2) rated for an outboard motor of
more than two horsepower; or (3) equipped with an inboard or sterndrive
engine. The maximum weight capacity of a boat (persons, motor and gear
for outboards and persons and gear for inboards) is dependent upon its
maximum displacement, or, the weight of the volume of water it
displaces at maximum level immersion. The maximum persons capacity of a
boat (expressed both pounds and in a number of persons) is dependent
upon the amount of weight which can be added along the outboard
extremity of the passenger carrying area, at the height of the seat
nearest the center of that area, until the boat assumes maximum list
without water coming into the boat.
Some boats such as PWC and submarines do not have open hulls into
which water will flow. As a result, it is physically impossible to test
them for compliance with the standard set forth by the regulation.
Therefore, the manufacturers of these types of recreational vessels
petition for an exemption to the safe loading requirements. Other boats
such as airboats, with their high center of gravity, and mini bass
boats, with virtually no open load carrying area into which water will
flow, rate unusually low maximum weight and maximum persons capacities
as compared to similar size conventional boats. Therefore, the
manufacturers of these boats submit petitions for exemptions to the
safe loading regulations as well. Because a safe loading determination
is necessary to comply with the display of capacity regulations,
manufacturers who petition for a safe loading exemption also petition
for exemption from display of capacity information regulations.
Safe Powering
The safe powering regulations require manufacturers of most
monohull outboard powered boats less than 20 feet to determine a
maximum horsepower capacity by performing certain calculations and
using a table appearing in the regulations. A separate and optional
performance test is permitted for manufacturers of smaller runabouts
that meet certain specifications. Some outboard powered PWC-type
vessels have remote wheel steering, but they lack a transom making it
impossible to use either the calculation method or the performance test
method for computing horsepower. Therefore, manufacturers of outboard-
powered PWC must petition for an exemption to the safe powering
regulations
Flotation
The flotation regulations intend to ensure that manufacturers equip
recreational boats with sufficient flotation material to induce people
to remain with the boat when the boat becomes swamped with water. With
sufficient flotation material, the boat will serve as a safety platform
where people can remain until located and rescued. Flotation
regulations require manufacturers to equip boats with enough flotation
material to provide either basic flotation or level flotation depending
upon the boat's propulsion system. A maximum persons capacity
determination in accordance with the safe loading regulations is an
essential part of the flotation formulas for both basic and level
flotation. Because it is impossible to calculate a maximum persons
capacity for PWC (see the above discussion in the Safe Loading
section), PWC manufacturers are unable to calculate the amount of
flotation material to show compliance with the flotation regulations.
Therefore, PWC manufacturers must petition for an exemption from the
flotation regulations.
Electrical and Fuel Systems
The electrical-system regulations contain requirements for ignition
protection of electrical components, installation of batteries, wiring,
grounding and overcurrent protection. They are intended to reduce the
incidence of ignition sources that could possibly lead to fires or
explosions. The fuel-system regulations contain a variety of
requirements for fuel tanks, fuel pumps, fuel hoses and carburetors;
fittings, joints and connections; and system tests. They are intended
to reduce the incidence of gasoline fuel-system leaks which could lead
to fires and explosions.
The Coast Guard patterned the electrical and fuel system
regulations after voluntary standards set forth by the National Fire
Protection Association (NFPA), the American Boat and Yacht Council
(ABYC), the Society of Automotive Engineers (SAE), Underwriters
Laboratories (UL), and Coast Guard sponsored research. Those voluntary
standards and the Coast Guard research consider only conventional
inboard and sterndrive boats that are typically longer than 16 feet and
have conventional hull construction, where the operator and passengers
ride within the confines of the hull adjacent to, or directly above,
the engine spaces. The internal volume of the engine rooms of the
inboard boats on which the electrical and fuel system regulations are
based exceeds 10 cubic feet. PWC do not typically have those
attributes. The Coast Guard has granted most PWC manufacturers
exemptions from the electrical and fuel systems regulations because
they meet the intent of the regulations by featuring the following
attributes: sealed electrical systems, fuel systems that continue to
operate without leakage when oriented in any position, fuel pumps and
carburetors that contain only minimal amounts of fuel and relatively
small net-engine compartment volumes.
Ventilation
The ventilation regulations apply to all boats with gasoline
engines, including most outboard powered boats. The regulations
covering powered ventilation systems, when promulgated, however, did
not consider vessels that had a tendency to capsize and would ingest
water into blower intakes. Nor did the regulations specify blower
capacities appropriate for the minimal net compartment volumes of most
PWC. Therefore, the Coast Guard has granted exemptions from the powered
ventilation regulations to manufacturers of inboard PWC.
Start-in-Gear Protection
The start-in-gear protection regulations apply to outboard motors
capable of producing more than 115 pounds of static thrust, and to
controls associated with the use of such motors. The regulations are
intended to prevent motors from being started in gear, thereby reducing
the incidence of falls overboard. Several manufacturers of outboard
motors for racing purposes
[[Page 56293]]
have received exemptions from the start-in-gear protection requirement.
The Exemption Process
A boat manufacturer petitions for an exemption from regulations by
sending the Coast Guard's Recreational Boating Product Assurance
Division a letter describing the boat for which the exemption is
sought, the reasons why the application of a regulation is impractical
or unreasonable, and providing data or arguments that demonstrate why
boating safety will not be adversely affected. Each petition for an
exemption is considered on its own merits. To obtain an exemption, the
manufacturer must show that the boat for which the exemption is sought
achieves an acceptable level of safety in keeping with the intent of
Federal boating safety laws.
The grant of exemption contains language that requires the
manufacturer to display a label different than the typical
certification label to alert the owner or operator that the boat does
not comply with the Coast Guard standards published in the Code of
Federal Regulations. An exemption lasts for a period of three years
after which the manufacturer must petition the Coast Guard for an
extension. If the manufacturer changes the design or construction of a
boat subject to the provisions of an exemption, or if the manufacturer
begins producing additional model boats, the manufacturer must petition
the Coast Guard for an amendment to the provisions of the grant of
exemption.
Petition for Rulemaking
On September 20, 1998, Mr. Fernando Garcia, Chairman, National
Marine Manufacturers Association (NMMA) PWC Certification Committee,
sent a petition for rulemaking to the Commandant of the Coast Guard on
behalf of the NMMA and the Personal Watercraft Industry Association
(PWIA). The petition encourages the Coast Guard to allow manufacturers
to comply with certain industry standards for PWC instead of requiring
them to undergo the exemption process for every new model.
Specifically, the petition recommends the Coast Guard adopt the ISO
13590 manufacturing standards as an alternative to the exemption
process. The petition is available for inspection in the public docket
for this rulemaking. You can access the petition for rulemaking in the
public docket. To access the public docket, see the ADDRESSES section
of this publication.
NTSB Report
On May 19, 1998, the National Transportation Safety Board (NTSB)
issued a report that recommended the Coast Guard eliminate the existing
process of exempting personal watercraft from the regulations in 33 CFR
Parts 181 and 183 and develop safety standards specific to personal
watercraft. You can access the excerpt from the NTSB report in the
public docket. To access the public docket, see the ADDRESSES section
of this publication. You can purchase your own copy of the entire NTSB
report by ordering report number PB98-917002 from: National Technical
Information Service, 5285 Port Royal Road, Springfield, VA, 22161,
(703) 605-6000.
Public Meeting
The Coast Guard does not now plan to hold a public meeting in
response to this petition. But you may request one by submitting a
request to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If the Coast Guard
determines that one would aid the consideration of this petition, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Request for Comments
The Coast Guard encourages you to submit comments and related
material answering the questions below. We also welcome any other
comments in connection with this notice. Please include with your
submission your name and address, identify the docket number for this
rulemaking (USCG-1998-4734), indicate the specific question of this
document to which each comment applies, and give the reason for each
comment. You may submit your comments and material by mail, hand
delivery, fax, or electronic means to the Docket Management Facility at
the address under ADDRESSES; but please submit your comments and
material by only one means. If you submit them by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.
Your comments will help us to determine whether to initiate a
rulemaking in accordance with the petitioner's request.
Questions
1. Should the Coast Guard formally recognize a definition of PWC?
If no, why not? If yes, what definition of PWC should the Coast Guard
adopt? What types of vessels should the definition of PWC include or
exclude? Should the definition of PWC include vessels equipped to carry
multiple persons and large volumes of cargo? How many people and how
large should a PWC be allowed to get before it would fall outside of
the definition? Vessels called PWC also have been referred to as thrill
craft, sport boats, jet skis, water scooters, etc. What should this
type of vessel be called? Why?
2. Should the Coast Guard continue to require PWC manufacturers to
petition the Coast Guard for exemptions to the manufacturing
regulations for recreational boats? Why or why not?
3. Should the Coast Guard develop a method other than the exemption
process to require PWC manufacturers comply with Federal recreational
boating safety laws? If no, why not? If yes, what alternate method
should the Coast Guard develop? Examples of alternate regulatory
methods to the exemption process include (1) requiring that PWC
manufacturers meet prescribed industry design standards such as ISO
13590 standards, SAE standards, or some other industry standard or (2)
developing manufacturing regulations that address accidents associated
with the specific design of PWC.
4. The Coast Guard also grants exemptions for other categories of
non-conventionally designed recreational boats. Some include airboats,
hovercraft, submarines, drift boats, race boats, and mini bass boats.
Should the Coast Guard develop a method other than the exemption
process to require manufacturers of those non-conventionally designed
boats to comply with Federal recreational boating safety laws? Why or
why not?
Dated: October 6, 1999.
Terry M. Cross,
Rear Admiral, U.S. Coast Guard, Acting Assistant Commandant for
Operations.
[FR Doc. 99-27283 Filed 10-18-99; 8:45 am]
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