[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4203]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 171
[CGD 93-041]
RIN 2115-AD33
Domestic Passenger Vessel Damage Stability Standards
agency: Coast Guard, DOT.
action: Notice of partial suspension of application.
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summary: The Coast Guard announces an indefinite suspension of the
application of 46 CFR 171.080(e), Damage Stability Standards for
Inspected Passenger Vessels, for all vessels not requiring a SOLAS
Passenger Ship Safety Certificate. The suspension will allow time for
development of revised regulatory requirements. This action is being
taken in response to a determination that there are technical problems
in meeting these requirements for certain vessels, especially those
designed for service on protected or partially-protected waters.
Suspending the effective date will provide an opportunity to define the
extent of the problem and to consider alternative regulations.
effective date: Effective February 25, 1994, the application of 46 CFR
170.210(e) is suspended indefinitely for all vessels not requiring a
SOLAS Passenger Vessel Safety Certificate.
for further information contact: Ms. P. L. Carrigan, Marine Technical
and Hazardous Materials Division (G-MTH-3), room 1308, Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001,
telephone: (202) 267-2988, telefax: (202) 267-4816.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in the drafting of this notice are
Ms. Patricia L. Carrigan, Project Manager, Office of Marine Safety,
Security and Environmental Protection and LT Ralph L. Hetzel, Project
Counsel, Office of Chief Counsel.
Regulatory History
On February 13, 1990, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled Stability Design and Operational
Regulations in the Federal Register (55 FR 5120).
During the NPRM 60-day comment period, the Coast Guard received 28
letters commenting on the proposed rulemaking. Only two of the 28
letters received included comments on the new damage stability
standards for passenger vessels.
On September 11, 1992, the Coast Guard published a final rule
entitled Stability Design and Operational Regulations in the Federal
Register (57 FR 41812) which adopted damage stability requirements for
new passenger vessels from the proposed rule.
Following implementation of the final rule, the Coast Guard
received inquiries on the appropriateness of the damage stability
standards in 46 CFR 171.080(e) for certain types of new passenger
vessels.
On July 7, 1993, the Coast Guard published a notice in the Federal
Register to announce a public meeting on August 5, 1993 to discuss what
problems were being encountered in complying with the standard and what
actions might be appropriate.
At the public meeting, attention focused on the application of this
requirement to domestic vessels, especially vessels operating in
protected and partially-protected waters. Comments indicated that
unexpected difficulties were being experienced by some designers in
complying with the new standard. These problems were discovered as new
vessel designs began to be reviewed. Due to requests to reconsider the
specific criteria to be applied in various waters and based on the
information received at the public meeting, the Coast Guard on August
27, 1993 (58 FR 45264), published a notice temporarily suspending the
application of Sec. 171.080(e) for all vessels not carrying a SOLAS
Passenger Ship Certificate until February 23, 1994.
The Coast Guard also reopened the comment period for 90 days to
allow further input from the public, and received twenty-one additional
comments. The majority of the comments came from naval architects and
shipyards, and two comments were from the Society of Naval Architects
and Marine Engineers (SNAME) technical panels. In general, the comments
indicated that the regulations adopted seemed overly severe, especially
for vessels operating on protected or partially-protected waters.
Reason for Extension of the Suspension of Effective Date
Based on a preliminary evaluation of the comments received,
including those made at the August 5, 1993 public hearing and those
received following the initial suspension, the Coast Guard expects to
publish a notice of proposed rulemaking proposing amendments to the
damage stability standards for passenger vessels on domestic routes.
The Coast Guard believes the development of improved damage stability
regulations requiring minimal design changes are necessary and
achievable, particularly in view of the dramatic increase in the number
of high density passenger vessels on inland waters and the potential
for loss of life if a casualty occurs. The work of SNAME in this matter
is considered especially important and indicative of the need for
damage stability standards for passenger vessels. The Coast Guard is
considering adopting a tiered approach, in which a vessel operating on
exposed routes would be required to meet a stricter stability standard
than a vessel operating on protected or partially-protected routes. The
Coast Guard expects to publish the proposed revision by mid-1994.
Dated: February 15, 1994.
A.E. Henn,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 94-4203 Filed 2-24-94; 8:45 am]
BILLING CODE 4910-14-M
