[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Proposed Rules]
[Pages 15709-15711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8024]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 175, 177, 179, 181, and 183
46 CFR Parts 10, 15, 24, 25, 26, 28, 70, 169, and 175
[USCG-1999-5040]
RIN 2115-AF69
Safety of Uninspected Passenger Vessels Under the Passenger
Vessel Safety Act of 1993 (PVSA)
AGENCY: Coast Guard, DOT.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Coast Guard will propose regulations that implement safety
measures for uninspected passenger vessels under the Passenger Vessel
Safety Act of 1993 (PVSA). These regulations will implement the new
class of uninspected passenger vessel of at least 100 gross tons,
address the confusion regarding bareboat charters, provide for the
issuance of special permits to certain uninspected passenger vessels,
and develop specific manning, structural fire protection, operating,
and equipment requirements for a limited fleet of PVSA exempted
vessels. To obtain information needed to develop appropriate rules, the
Coast Guard asks for comments from the public on the questions listed
in this document.
DATES: Comments must reach the Docket Management Facility on or before
June 30, 1999.
ADDRESSES: You may mail your comments to the Docket Management
Facility, (USCG-1999-5040), U.S. Department of Transportation, room PL-
401, 400 Seventh Street SW., Washington DC 20590-0001, or deliver them
to 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. The telephone number is 202-366-9329.
[[Page 15710]]
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and documents, as indicated in this preamble, 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 access this docket on the Internet at
http://www.dms.gov.
FOR FURTHER INFORMATION CONTACT: For questions on this notice, contact
Lieutenant Keith B. Janssen, Office of Operating and Environmental
Standards, (G-MSO-2), U.S. Coast Guard, telephone 202-267-1055. For
questions on viewing, or submitting material to, the docket, contact
Dorothy Walker, Chief, Documentary Services Division, Department of
Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages you to participate in this rulemaking by
submitting written data, views, or arguments. Persons submitting
comments should include their names and addresses, identify this
rulemaking (USCG-1999-5040) and the specific section of this document
to which each comment applies, and give the reason for each comment.
The Coast Guard will consider all comments received during the comment
period. Please submit all comments and attachments in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing to the Docket Management Facility at the address
under ADDRESSES. Persons wanting acknowledgment of receipt of comments
should enclose stamped self-addressed postcards or envelopes.
The Coast Guard plans no public hearing. You may request a public
hearing by writing to the Docket Management Facility at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The Passenger Vessel Safety Act of 1993 (PVSA) (Pub. L. 103-206)
was signed on December 20, 1993. The PVSA makes several changes to the
laws for uninspected passenger vessels. First, the PVSA requires
vessels less than 100 gross tons to be inspected as a small passenger
vessel if they are:
Carrying more than 6 passengers, at least one of whom is a
passenger for hire, whether chartered or not;
Carrying more than 6 passengers when chartered with the
crew provided or specified; or
Carrying more than 12 passengers when chartered with no
crew provided.
Second, the PVSA establishes a new class of uninspected passenger
vessel of at least 100 gross tons. This new class of uninspected
passenger vessel is limited to:
Carrying no more than 12 passengers, at least one of whom
is a passenger for hire, whether chartered or not;
Carrying no more than 12 passengers when chartered with
the crew provided or specified; or
Carrying no more than 12 passengers when chartered with no
crew provided.
Uninspected passenger vessels, greater than 100 gross tons, that
carry more than 12 passengers for hire are to be inspected as a
passenger vessel under 46 CFR Subchapter H.
Third, the PVSA requires the Coast Guard to develop equipment,
construction, and operating standards for uninspected passenger vessels
greater than 100 gross tons.
Fourth, the PVSA allows the Coast Guard to develop regulations for
special permits that allow the operation of uninspected passenger
vessels as authorized in section 511 of the PVSA. These special
circumstances and conditions were described in Senate Report 103-198
and include among other items that:
Special permits for uninspected passenger vessels will
only be issued for charitable purposes;
That a certain vessel may only be granted a special permit
a maximum of four times per year; and
That an application for a special permit must be made to
and approved by the cognizant Officer in Charge of Marine Inspection
prior to the voyage.
Fifth, and finally, the PVSA eliminates confusion regarding the use
of bareboat charter agreements for the carriage of passengers for hire.
The previous statutory definition of 'passenger' did not limit a vessel
from having an unlimited number of charterers (owners). Therefore,
vessels that were not certificated by the Coast Guard were able to
carry large numbers of people. The PVSA's narrow definition of
`passenger' subjected some formerly chartered vessels to Coast Guard
inspection for certification for the first time. The PVSA allowed these
vessels to apply for inspection with a phase-in period for compliance.
The period for application expired June 21, 1994, and the period for
compliance expired on December 21, 1996. With widespread public
notification, several hundred charter vessels applied for and met the
conditions for certification with the requirements of the PVSA and
policy guidance of Navigation and Inspection Circular (NVIC) 7-94. This
NVIC is available on the Internet at www.uscg.mil/hq/g-m/nvic/
index90.htm. Additionally, the PVSA authorizes the Coast Guard to
develop specific operating and equipment requirements for 16 charter
vessels greater than 100 gross tons that met exemption criteria
contained in the PVSA and NVIC 7-94.
The Coast Guard plans to develop regulations that will implement
the new class of uninspected passenger vessel of at least 100 gross
tons, address the confusion regarding bareboat charters, provide for
the issuance of special permits to certain uninspected passenger
vessels, and develop specific operating and equipment requirements for
a limited fleet of PVSA exempted vessels.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this notice so that
they can better evaluate the effects of any future rule on them and
participate in the rulemaking process. If your small business or
organization is affected by the PVSA and you have questions concerning
its provisions or options for compliance, please contact Lieutenant
Keith B. Janssen, Office of Operating and Environmental Standards, (G-
MSO-2), U.S. Coast Guard, telephone 202-267-1055.
Questions
The Coast Guard asks the public for input on the issues discussed
in this document. To help develop a proposed rule, the Coast Guard
requests comments on the following questions, although comments on
other issues addressed in this document are also welcome. When
responding to questions, please explain your reasons for each answer
and follow the instructions located under REQUEST FOR COMMENTS.
Questions 1 through 16 refer to uninspected passenger vessels of at
least 100 gross tons
(1) The Coast Guard is seeking information regarding the size of
the fleet of uninspected passenger vessels of
[[Page 15711]]
at least 100 gross tons. Therefore, the Coast Guard requests
information regarding the total number of this type of vessel at port,
regional, and national levels.
(2) At which ports are these vessels located? Do these vessels
operate out of some specific port all year? If not, from which
additional port(s) do they operate? Please identify some specific
port(s) rather than a region. That helps the Coast Guard identify any
port(s) with a large population of this class of vessel. Please
indicate what percentage of the year these vessels are in each
location.
(3) What type of safety equipment do these vessels ordinarily
carry? What type of safety equipment, at a minimum, should the Coast
Guard require these vessels to carry? Examples of safety equipment
include, but are not limited to: Type I personal flotation devices;
ring life buoys; life rafts; auxiliary vessels; emergency position
indicating radio beacon (EPIRB); high water alarms; fire and smoke
alarms/detectors; and other fire fighting equipment or systems. What
standard(s) should the safety equipment meet? Examples of existing
standards for safety equipment include, but are not limited to:
American Yacht and Boat Council (AYBC); National Fire Protection
Association (NFPA); or American Bureau of Shipping (ABS).
(4) What generally accepted construction standard(s) should these
vessels meet? Examples of generally accepted construction standards
include, but are not limited to: AYBC, NFPA, or ABS. Do any
applications or systems on these vessels currently meet generally
accepted standards? Which generally accepted standards normally apply
to which application or systems? Examples of applications and systems
include, but are not limited to: lifesaving equipment, heating/cooling
facilities, marine sanitation devices, structural fire-protection
devices, and electrical wiring.
(5) Do owners, operators, or charter brokers require a minimum
level of licensing and experience for a vessel operator? If so, what
are those requirements? What licensing requirements should the Coast
Guard require for operators of uninspected passenger vessels of at
least 100 gross tons?
(6) How many businesses operate a full-time or part-time charter or
passenger-for-hire service operation for this type of vessel? What
portion of these businesses employ less than 500 people?
(7) Are these vessels operated in passenger-for-hire service on a
full-time or part-time basis? How often are these vessels used in
personal or recreational service compared to the time these same
vessels are used in passenger-for-hire service? Please indicate the
time on an annual basis by days.
(8) What are current, advertised daily or weekly charter rates for
this class of vessel? What are current, advertised daily or weekly
passenger-for-hire service rates for this class of vessel? How will the
implementation of the PVSA impact charter or passenger-for-hire service
rates?
(9) How many days per year do these vessels currently operate in
charter or passenger-for-hire service? How will the implementation of
the PVSA impact the number of days per year that these vessels operate
in charter or passenger-for-hire service?
(10) On average, how many hours per day do these vessels spend
underway with at least one passenger for hire aboard?
(11) Are these vessels underway in the passenger-for-hire service
more than 12 hours during a 24-hour period? If so, is this
representative of normal operations or the occasional voyage? If
possible, please identify the annual breakdown of passenger-for-hire
service voyages less than and more than 12 hours duration in a 24-hour
period. Please indicate this information by percentage.
(12) On which route(s) do these vessels operate routinely? On which
route(s) do these vessels operate occasionally? Do traditional routes
exist? If so, where?
(13) Are the majority of voyage itineraries for these vessels
individually (custom) planned or are they regularly scheduled?
(14) What is the percentage breakdown between domestic and
international voyages? Please indicate percentages on an annual basis.
(15) What are the major areas of concern regarding the impact that
the implementation of the PVSA might have on the vessel fleet? Are
there any generally recognized problems within the vessel fleet that
should be addressed by regulation?
(16) What are other general areas of concern regarding possible
regulatory action to implement the PVSA?
Question 17 refers to any uninspected passenger vessel
The PVSA allows the Coast Guard to develop regulations for special
permits that allow the operation of uninspected passenger vessels as
authorized in section 511 of the PVSA. These special circumstances and
conditions were described in Senate Report 103-198 and include among
other items that:
Special permits for uninspected passenger vessels will
only be issued for charitable purposes;
That a certain vessel may only be granted a special permit
a maximum of four times per year; and
That an application for a special permit must be made to
and approved by the cognizant Officer in Charge of Marine Inspection
prior to the voyage.
(17) Based on this criteria, should the Coast Guard develop
regulations to allow a special permit for uninspected passenger
vessels? Please identify the reason(s) for your answer(s).
Dated: March 26, 1999.
R.C. North,
Assistant Commandant for Marine Safety and Environmental Protection.
[FR Doc. 99-8024 Filed 3-31-99; 8:45 am]
BILLING CODE 4910-15-P
