[Federal Register Volume 59, Number 9 (Thursday, January 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X94-10113]
[[Page Unknown]]
[Federal Register: January 13, 1994]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
46 CFR Part 114, et al.
Small Passenger Vessel Inspection and Certification; Proposed Rule
DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 114 through 139, 170, 171, 173, and 175 through 185
[CGD 85-080]
RIN 2115-AC22
Small Passenger Vessel Inspection and Certification
AGENCY: Coast Guard, DOT.
ACTION: Supplemental notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising its original proposal, published
as a Notice of Proposed Rulemaking (NPRM) in the Federal Register (54
FR 4412) of January 30, 1989, to amend the regulations governing small
passenger vessels. This Supplemental Notice of Proposed Rulemaking
(SNPRM) contains a complete revision of the proposed regulations
affecting small passenger vessels based on the numerous comments
received to the NPRM. In this SNPRM, the Coast Guard is proposing
significant changes including: The creation of separate regulations for
small passenger vessels carrying more than 150 passengers or with
overnight accommodations for more than 49 passengers; alternative
requirements to certain lifesaving equipment; greater allowance of non-
Coast Guard approved noncombustible materials; and the establishment of
new upper limit breakpoints above which a vessel would have to comply
with the construction and outfitting requirements applicable to a
passenger vessel of more than 100 gross tons. These proposed revisions
are expected to minimize the complexity of the original proposed
regulation.
DATES: Comments on this SNPRM must be received on or before June 13,
1994.
ADDRESSES: Written comments should be submitted to the Executive
Secretary, Marine Safety Council (G-LRA-2/3600)(CGD 85-080), U.S. Coast
Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001.
Comments may be delivered to and will be available for inspection or
copying, and the materials referenced in this SNPRM will be available
for examination and copying, at the Marine Safety Council (G-LRA-2),
room 3406, U.S. Coast Guard Headquarters, 2100 Second Street SW.,
Washington, DC 20593-0001, (202) 267-1477, between 8 a.m. and 3 p.m.,
Monday through Friday, except holidays. Comments on collection of
information requirements must be mailed also to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW., Washington, DC 20503, ATTN: Desk Officer, U.S.
Coast Guard.
FOR FURTHER INFORMATION CONTACT: LCDR Marc C. Cruder, Project Manager,
Office of Merchant Marine Safety, Security, and Environmental
Protection, (G-MVI), phone (202) 267-1181.
SUPPLEMENTARY INFORMATION:
Requests for Comments
Interested persons are invited and encouraged to participate in
this proposed rulemaking by submitting written views, data, or
arguments on the contents of this SNPRM. Persons submitting comments
should include their name and address, reference this SNPRM (CGD 85-
080), give the specific section of the proposed regulations to which
each comment applies, and include supporting documents or sufficient
detail to indicate the reason for each comment. Persons desiring an
acknowledgment that their comments were received should include a
stamped, self-addressed envelope or post card. This SNPRM may be
changed in light of the comments received. All comments received before
the expiration of the comment period will be considered before final
action is taken on this SNPRM.
The Coast Guard has determined that the opportunity for oral
presentations will aid this rulemaking, and will hold public hearings
in New London, CT, Seattle, WA, Tampa, FL, and Chicago, IL. Interested
persons who can demonstrate that the opportunity to make an oral
presentation at a different location will aid this rulemaking are
requested to submit recommendations for hearing locations and dates by
writing to the Marine Safety Council at the address under
``ADDRESSES''. Recommendations on the locations and dates for hearings
on this rulemaking must be received prior to February 28, 1994. The
Coast Guard will announce the times and places of the public hearings
by a later notice in the Federal Register.
Drafting Information
The principal persons involved in the drafting of this proposal are
Lieutenant Commander Marc C. Cruder, Project Manager, Commanders
William C. Bennett and William P. Cummins, Project Managers Emeriti,
and Commander Mark G. VanHaverbeke, Project Analyst, Office of Merchant
Marine Safety, Security, and Environmental Protection, and Mr. Nicholas
Grasselli, Project Attorney, Office of Chief Counsel.
Background and Purpose
Subchapter T contains the regulations for the inspection and
certification of small passenger vessels including construction,
outfitting of lifesaving and fire protection equipment, machinery and
electrical installations, and operational requirements. The initial
regulations applicable to small passenger vessels were promulgated in
46 CFR subchapter T, in the Federal Register of 5 October 1957 (22 FR
7949). Subchapter T originally regulated vessels of 65 feet or less in
length, measuring more than 15 but less than 100 gross tons, and
carrying more than 6 passengers. The last major revision to subchapter
T was made in 1963 when the scope of the regulations was broadened to
include vessels of more than 65 feet in length, measuring less than 100
gross tons, and carrying one or more passengers (28 FR 9733). Several
minor revisions have also been made to subchapter T since 1963.
A NPRM, published in the Federal Register (54 FR 4412) of January
30, 1989, contained a proposed revision of subchapter T. A description
of the small passenger vessel fleet and detailed reasons for the
proposed revision of subchapter T are contained in the NPRM. As part of
the proposal in the NPRM to revise subchapter T, the Coast Guard also
proposed to revise portions of 46 CFR subchapter S, Subdivision and
Stability, which affect small passenger vessels. The NPRM invited and
encouraged interested persons to participate in the proposed rulemaking
by submitting written comments, including views, data, or arguments, on
the proposal by May 31, 1989. By a notice published in the Federal
Register (54 FR 17997) on April 26, 1989, the Coast Guard extended the
deadline for receipt of comments to July 31, 1989, and announced the
date and location of six public hearings on the proposed rulemaking.
The Coast Guard received over 300 comment letters on the NPRM
providing both support and criticism of the various proposed changes.
Of these letters, approximately 80 were received after July 31, 1989.
Although received after the close of the officially announced comment
period, the Coast Guard considered the comments in these letters in
developing this SNPRM.
Most letters contained comments on several different aspects of the
proposal. Letters were received from numerous individual small
passenger vessel owners and operators as well as private surveyors,
boat builders, naval architects, designers, insurance companies, and
equipment vendors. Several associations representing large groups of
vessel owners and others involved with the small passenger vessel
industry submitted comment letters. Detailed letters were received from
the American Sailing Training Association, the International
Association of Masters, Mates, and Pilots, the National Association of
Passenger Vessel Owners (NAPVO), the National Marine Manufacturers
Association (NMMA), the National Party Boat Owners Alliance, and the
United States Marine Safety Association, as well as many more regional
organizations. Letters were also received from many members of Congress
as well as government agencies including the National Transportation
Safety Board (NTSB), the Federal Communications Commission (FCC), and
Coast Guard Marine Safety Offices and Marine Inspection Offices. Only a
few letters could be identified as being submitted by individuals who
are not connected with the small passenger vessel industry in some way,
except as passengers.
Six public hearings were held on the NPRM in the cities of:
Washington, DC; St. Louis, MO; New Orleans, LA; San Francisco, CA;
Chicago, IL; and Boston, MA. Over 225 persons attended and 116 members
of the public presented their views on the NPRM at the hearings.
An initial analysis of the comments, the proposed rules, and the
draft evaluation indicated that some changes to the rules proposed in
the NPRM were necessary. The Coast Guard is proposing in this SNPRM to
revise the regulations governing small passenger vessels. The Coast
Guard originally informed the public of its intent to publish this
SNPRM by a notice published in the Federal Register (54 FR 38410) of
September 18, 1989. This SNPRM substantially changes some sections of
the NPRM, and includes provisions not contemplated in the original
NPRM. Comments are desired on this modified proposal.
Discussion of Comments and Proposed Amendments
This SNPRM contains a complete revision of the proposed regulations
affecting small passenger vessels based on the numerous comments
received to the NPRM. Comments which are generally applicable to more
than one part of the proposed regulations, such as organization
(including the development of a new subchapter K for certain small
passenger vessels), specific vessel types, existing vessels, and
manning, are discussed under (a) General Comments. Significant changes,
along with the reasons for the changes, to each regulation in
subchapter T and parts 170, 171, and 173 of subchapter S are discussed
under (b) Specific Comments in numerical order by the section number
proposed in the NPRM. To prevent confusion, some of the subchapter K
and subchapter T regulation cites are cross-referenced in brackets. An
example is: Sec. 175.120 Load lines. (K Sec. 114.120). Where sections
proposed in the NPRM have been redesignated, the revised designation is
included in parentheses. Additional information on specific
regulations, particularly those which have been republished in this
SNPRM without any substantial changes from the NPRM and which are not
discussed in this preamble, may be found in the NPRM.
Distribution and derivation tables are included at the end of this
section of the preamble. The distribution table shows where each
section of the existing regulations would be in the proposed
regulations in this SNPRM. The derivation table shows where each
section of the regulations proposed in this SNPRM originated.
(a) General Comments
Complexity and Organization of the Regulations. Although most
comments supported the Coast Guard's efforts to consolidate regulations
and policies and reduce inconsistencies, numerous comments were
received about the apparent complexity of the proposed regulations. The
NPRM incorporated the basic provisions of the International Maritime
Organization's (IMO) ``Code of Safety for Dynamically Supported
Craft,'' the requirements of Coast Guard Navigation and Inspection
Circular (NVIC) 11-83, ``Regulations for Very Large 46 CFR subchapter T
Passenger Vessels,'' and other NVICs, the contents of numerous policy
letters, and the provisions of the Coast Guard Marine Safety Manual
(MSM). The MSM provides guidance to the Coast Guard Officer in Charge,
Marine Inspection (OCMI) on the enforcement and interpretation of
inspection regulations. Consolidation of these many standards and
policies into the regulatory requirements gives the impression that
regulations are being increased when, in fact, many of the ``new''
regulations have long existed as policy. This method also made the NPRM
``complex'' and hard to use.
In addition, many comments were concerned with the inclusion of
regulations for specific vessels not previously addressed in subchapter
T, such as Dynamically Supported Craft and vessels with overnight
accommodations for more than 49 passengers. Some comments expressed a
fear of such regulations ``trickling down,'' i.e., intentionally or
unintentionally being applied to smaller, less complex vessels, without
a need for such requirements.
The Coast Guard understands the concerns of industry on the
complexity of the regulations. Consequently, this SNPRM proposes
organizing the small passenger vessel regulations in a significantly
different manner. In order to separate requirements for larger vessels
from those for smaller vessels, a new subchapter K is being proposed
for vessels which, because of their greater size, passenger capacity,
and resulting complexity, are beyond the traditional description of a
small passenger vessel. In this SNPRM, subchapter T contains the
regulations for vessels carrying not more than 150 passengers including
vessels with overnight accommodations for not more than 49 passengers.
Subchapter K contains the regulations for small passenger vessels
carrying more than 150 passengers or with overnight accommodations for
more than 49 passengers. These two breakpoints were chosen for the
applicability of subchapter K since more stringent structural fire
protection requirements are proposed for any vessels exceeding the two
points.
The numbering system and organizational structure of the new
subchapter K is designed to parallel the numbering system and structure
of subchapter T. This will expedite familiarization with the new
subchapter and provide for easy reference between subchapters although
they are designed to be used independently of each other without any
need for cross-referencing. In subchapter K all requirements for
vessels carrying more than 150 passengers or with overnight
accommodations for more than 49 passengers, even if identical to those
in subchapter T, will be repeated to prevent the need for cross-
referencing. In subchapter T, references to other subchapters were
minimized.
The creation of a new subchapter should make the regulations easier
to read and understand, and eliminate any fears of an unintentional
``trickle down effect.''
Except for parts 178 and 179, the general order of parts, subparts,
sections, and paragraphs in the proposed subchapters T and K is
basically unchanged from the existing subchapter T. However, the
outdated numbering system of the existing regulations would be revised
to correspond to the revised CFR numbering system.
In a few cases, a section previously included in subchapter T, as
proposed in the NPRM, is proposed by this SNPRM to be included only in
subchapter K. Typically this would include sections which are only
applicable to vessels carrying more than 150 passengers or with
overnight accommodations for more than 49 passengers.
A comparison of the organization of the two proposed subchapters
for use as an index is provided in the following table.
Organization of Proposed Subchapters T and K
------------------------------------------------------------------------
Subchapter K Subchapter T
Subject matter part no. part no.
------------------------------------------------------------------------
General provisions.................... 114 175
Inspection and certification.......... 115 176
Construction and arrangement.......... 116 177
Intact stability and seaworthiness.... N/A 178
Subdivision, damage stability, and
watertight integrity................. N/A 179
Lifesaving equipment and arrangements. 117 180
Fire protection equipment............. 118 181
Machinery installation................ 119 182
Electrical installation............... 120 183
Control and miscellaneous systems..... 121 184
Operations............................ 122 185
------------------------------------------------------------------------
Breakpoints. As with existing subchapter T, the NPRM proposed a
graduated system of regulations with generally increasingly stringent
requirements as a vessel exceeds certain thresholds or breakpoints. The
proposed breakpoints varied, using factors such as total passenger
capacity, length, existence of overnight accommodations, number of
decks, service, route, and machinery.
The Coast Guard received numerous comments concerning the use of
breakpoints throughout subchapter T. The Coast Guard response to
comments on breakpoints for specific requirements in the NPRM is
discussed throughout this preamble. For example, changes in the
criteria used to determine the need for certain survival craft are
discussed under part 180 in this preamble.
The NTSB endorsed the use of a graduated system of regulations
based on criteria other than tonnage. The Coast Guard agrees with the
NTSB and others that the number of passengers carried should be the
primary factor in determining safety requirements. However, the Coast
Guard has retained the use of a variety of factors to establish the
applicability of requirements. For example, the physical size of the
vessel is important in determining the standards to be used for hull
construction as well as the volume of fire fighting water needed. The
practicality of installing subdivision bulkheads is partly dependent on
the length of a vessel. The need for survival craft may be influenced
by the route of a vessel, i.e., the distance it travels from shore
based search and rescue resources.
Several comments stated they had expected more than one major
breakpoint based on passenger capacity. The comments expressed a desire
for an upper breakpoint such as 600 passengers so that requirements
which should only be applicable to very large vessels are not also made
applicable to vessels carrying between 151 and 600 passengers. The
comments claim that the absence of a passenger capacity breakpoint
above the existing 150 passenger point would result in overly stringent
requirements for smaller vessels.
The Coast Guard concurs with the need for a new, less complex
breakpoint scheme. Breakpoints are needed to limit the ever increasing
size, and passenger carrying capacity of vessels which, through the use
of various devices in the basic tonnage formulae, are considered small
passenger vessels. Under the proposal, the split between subchapter T
and K serves as a major breakpoint. Subchapter K contains the following
new upper breakpoints for vessels which must comply with subchapter H
(Passenger Vessels):
a. Vessels which carry more than 600 passengers;
b. Vessels with overnight accommodations for more than 150
passengers; or
c. Vessels of more than 200 feet in length.
Vessels exceeding any one of these breakpoints because of their
capacity or length would still be considered small passenger vessels
because of their gross tonnage, but would have to comply with the
requirements for construction and outfitting for a passenger vessel (of
at least 100 gross tons) presently contained in subchapters H, F
(Marine Engineering), J (Electrical Engineering), and S (Subdivision
and Stability). The inspection and operational requirements of parts
114, 115, 121, and 122 of proposed subchapter K (corresponding to parts
175, 176, 184, and 185 of subchapter T) would still be applicable to
the small passenger vessels which would be regulated by requirements of
these other subchapters. Specifically, newly constructed passenger
vessels exceeding these breakpoints would be inspected under the
requirements for certification that appear in subpart H of part 115.
Existing vessels would be grandfathered, as allowed by
Sec. 114.110(c)(2).
With the establishment of these breakpoints, application of certain
requirements primarily intended for vessels carrying as many as 3,000
passengers could be reduced. This would minimize the so called
``trickle down effect'' whereby smaller capacity vessels are required
to comply with requirements intended for larger capacity vessels. These
new proposed breakpoints are also in keeping with the Coast Guard's
desire to minimize the complexity of the regulations by minimizing the
number of breakpoints and aligning them with the type of vessels which
the industry has become accustomed to building and operating as small
passenger vessels. The proposed breakpoints were chosen as discussed in
the following paragraphs.
Six hundred passengers would be the upper passenger capacity
breakpoint for subchapter K. Six hundred passengers is presently used
in subchapter S for subdivision purposes. Additionally, industry
comments also suggested 600 passengers as the breakpoint for the
establishment of regulations for ``large type subchapter T vessels.''
Presently, relatively few vessels less than 100 gross tons
(approximately 25) carry more than 600 passengers.
One hundred fifty passengers would be the overnight accommodation
capacity upper breakpoint which would trigger compliance with
subchapter H. This is consistent with existing Sec. 177.10-5 which
requires vessels carrying more than 150 passengers to comply with
structural fire protection requirements of subpart 72.05 of subchapter
H which the OCMI determines to be applicable. The Coast Guard considers
the provisions of NVIC 11-83 as adequate for vessels with overnight
accommodations for between 50 and 150 passengers and proposes to
incorporate them into subchapter K. The additional expense of full
compliance with the applicable requirements of subchapters F, J, H, and
S is not warranted. Presently, there are no small passenger vessels
with overnight accommodations for more than 150 passengers. In fact,
138 is the largest number of overnight accommodations on a small
passenger vessel of which the Coast Guard is aware.
The 200 foot maximum length breakpoint would help limit the size of
small passenger vessels. Although passenger capacity is the primary
criterion for evaluating risk, length is another criterion to consider.
Vessels under 200 feet may use the American Bureau of Shipping (ABS)
Rules for Building and Classing Steel Vessels Under 61 Meters (200
feet) and ABS Rules for Building and Classing Reinforced Plastic
Vessels. Lacking a maximum length criterion, it is possible to build a
vessel significantly more than 200 feet in length that is less than 100
gross tons and certificated for just under the maximum passenger
capacity breakpoint. At least 2 vessels with registered lengths of more
than 200 feet and several vessels with overall lengths of more than 200
feet are below 100 gross tons.
The breakpoints between subchapters T, K, and H, as proposed in
this SNPRM are outlined in the table below.
Breakpoints for Application of Subchapters T, K, and H to Small
Passenger Vessels
------------------------------------------------------------------------
Subchapter T Subchapter K Subchapter K\1\
------------------------------------------------------------------------
150 151-600 passengers or.. 601
passengers or. passengers or
Overnight Overnight Overnight
accommodations for 49 passengers 150 passengers and. thn-eq> 151
and. passengers or
200 feet... 200 feet... 200 feet
------------------------------------------------------------------------
\1\Vessels in this category would still be small passenger vessels
(passenger vessels less than 100 GT), but would be required to comply
with parts 72, 75, and 76 of subchapter H, parts 114, 115, 121, and
122 of subchapter K, and the applicable requirements of subchapters F
and J.
Specific Vessel Types
Some comments requested specific regulations for other types of
vessels, including crew boats, dive boats, party fishing boats, and
dinner boats. In fact, the regulations proposed in the NPRM and in this
SNPRM do contain some specific regulations for vessels such as ferries,
sailing vessels, non-self-propelled vessels, dive boats, and vessels
engaged in recreational fishing. Because of the newly proposed split
between subchapters T and K, and the removal of the individual
requirements for Dynamically Supported Craft (discussed below), the
specific regulations for special types of vessels are now very limited
in number. The remaining limited number of individual requirements has
been retained within the main functional parts of subchapters T and K.
Dynamically Supported Craft
Because of the uniqueness of Dynamically Supported Craft (DSC), the
rules proposed in the NPRM contained specific requirements, which vary
from those for conventional vessels, for DSC design, construction,
equipment, and operation. The DSC regulations and definitions in the
NPRM are primarily based on the IMO ``Code of Safety for Dynamically
Supported Craft'' (DSC Code). Recognizing the unique design and
operational characteristics of DSC, the DSC Code was developed by IMO
to provide a level of safety for DSC on international voyages which is
equivalent to that provided by the International Convention for the
Safety of Life at Sea, 1974, as amended by the Articles of the Protocol
of 1978 and the Amendments of 1981 and 1983 (SOLAS) and the loadline
requirements.
The preamble to the DSC Code states that it was developed to allow
the design and operation of DSC which take a number of forms. DSC
designs include air cushion vessels, hydrofoil vessels, sidewall
vessels, and other types of craft essentially within the spectrum
existing between ships and aircraft. Many existing regulations were not
practicable or sufficient for design or safety reasons. Due to their
high speeds, maneuverability, normal dynamic support, aircraft like
operations, necessary light weight, and unique machinery, DSC needed
alternative requirements. Other vessels, such as certain catamarans,
may also have characteristics different enough from conventional
displacement vessels, such that, in order for the vessels to safely and
properly operate, alternative measures must be used. These
characteristics include high speed, the need for a light weight
structure, and a planing mode of operation. In order to establish a
level of safety equivalent to displacement vessels, the DSC Code
contains special provisions in many areas, such as: Advanced methods of
design and analysis; weather conditions which might restrict
operations; areas of operation; radio communications; evacuation of
passengers; rescue services; and vessel maintenance. To prevent
piecemeal application of the DSC Code, which might result in a system
imbalance that is hazardous to passengers, the DSC Code states that
full compliance with all applicable provisions is required if the DSC
Code is to be used as an equivalency to the international conventions.
Numerous comments were submitted on both the definition of DSC and
the specific requirements proposed for DSC. Three comments stated their
support for the proposed rules because the rules would specifically
certify DSC, recognize the DSC Code, and clarify what DSC designers
must do to meet Coast Guard requirements. However, most other comments
did not support the proposed rules regarding DSC, as discussed below.
The Coast Guard has reviewed the comments and the intent of the DSC
Code, and has consequently made significant revisions to the proposed
regulations affecting DSC.
Many comments had various objections to the definition of DSC in
the NPRM. Because the provisions of the DSC Code would be incorporated
by reference, as discussed below, the Coast Guard's position is that it
is important to include the definition of DSC, as specifically
contained in the DSC Code, and has done so in Sec. 175.400 (K-
Sec. 114.400) of this SNPRM. The only difference between the definition
of a DSC in the IMO Code and the definition proposed in the NPRM was
that the definition in the IMO Code (which is the definition proposed
in this SNPRM) states that a vessel is a DSC if the vessel is balanced
in one mode of operation by other than hydrostatic forces or the vessel
meets the speed-length formula. The definition in the NPRM (which no
longer applies) was written so that a vessel had to be both dynamically
supported and meet the speed-length formula. The definition of DSC is
now listed alphabetically with the other terms in Sec. 175.400(b) (K-
Sec. 114.400(b)) of this SNPRM. Under this definition, air cushion
vessels, hydrofoil vessels, and sidewall vessels (surface effect ships)
would be included as DSC, as would many high speed catamarans and high
speed monohull vessels which meet the specified speed-length formula
and are supported, at least partially, in one mode of operation by
other than hydrostatic forces.
Several comments stated the DSC rules should only be applicable to
air cushion vessels, hydrofoils, and sidewall vessels, believing that
the speed-length formula in the definition unjustifiably results in
many high speed excursion yachts, party fishing boats, and catamarans
having to meet the requirements for DSC. One comment stated the
opposite, indicating that monohull vessels should be considered DSC if
they are capable of DSC performance. One comment stated that the DSC
definition should be revised to reflect the actual intent of the DSC
Code which is to serve as an optional alternative to SOLAS.
The Coast Guard supports the philosophy of the DSC Code and is
proposing in this SNPRM that compliance with the DSC requirements
should be mandatory for vessels with the design and operations typical
of air cushion vessels, hydrofoil vessels, and surface effect ships
(i.e., those vessels which have all or a significant part of their
weight supported by other than hydrostatic forces). However, the owner
of a vessel which meets the speed-length criteria in the DSC definition
in this SNPRM should have the option of using the provisions of the DSC
Code. The DSC Code could be used to establish an equivalent level of
safety if compliance with the regulations for conventional vessels is
impossible or may harmfully affect the weight, speed, and other
desirable operational characteristics of the vessel. In this SNPRM,
vessels with high speed planing hulls or vessels such as fast
catamarans, which meet the definition of a DSC, would not be required
to comply with the DSC Code but could propose to use the provisions of
the Code as equivalent to subchapter T or K requirements under new
Sec. 175.540(b) (K-Sec. 114.540(b)). The Coast Guard's position is
that, in general, the provisions of the DSC Code are not suitable for
vessels which are not of the light weight construction and do not
operate at the high speed typical of DSC. The DSC Code will not be
considered equivalent to SOLAS or U.S. Regulations for vessels which do
not meet the definition of a DSC.
In this SNPRM, the Coast Guard is proposing to incorporate by
reference the provisions of the DSC Code by listing it in Sec. 175.600
(K-Sec. 114.600).
Owners of any vessel which meets the DSC definition in this SNPRM
and which is to be certificated for international voyages will be
required to comply with all provisions of the DSC Code, or
alternatively, all provisions of SOLAS. This is in keeping with the
intent of the DSC Code. Owners of any DSC which has all or a
significant part of its weight supported by other than hydrostatic
forces (i.e., an air-cushion vehicle, hydrofoil, or surface effects
ship) will most likely not be able to meet the requirements of SOLAS,
and will have to comply with the DSC Code.
Owners of any vessel which meets the DSC definition in this SNPRM
and which will not be certificated for international voyages, would be
required to comply either with the DSC Code or subchapter T (or K, as
applicable), at the option of the owner. For vessels which meet the DSC
definition in this SNPRM, which will not be certificated for
international voyages, and which the owners choose to design in
compliance with subchapters T or K instead of the DSC Code, the OCMI
may require operational controls or additional safety equip- ment.
Under newly proposed Secs. 176.110, 177.700(a), 177.800(f), and
184.100(b) (K-Secs. 115.110, 116.700(a), 116.800(f), and 121.100(b)),
operational controls or additional safety equipment, such as seat belts
or radar, which are specified in the DSC Code but which are not
specifically required on all small passenger vessels by proposed
subchapters T or K, may be required by the OCMI on a case-by-case
basis. These proposed sections are included in the specific section
discussions later on in this preamble. Because proposed subchapters T
and K do not address many operational characteristics of DSC which have
all or a significant part of their weight supported by other than
hydrostatic forces (i.e., an air-cushion vehicle, hydrofoil, or surface
effects ship), compliance with some portions of the DSC Code may be
required (i.e., stability and operation in the dynamically supported
mode). Owners of these types of vessels also will most likely not be
able to meet the requirements of subchapter K, and will have to comply
with the DSC Code.
The Coast Guard is revising proposed Sec. 175.540(b) (K-
Sec. 114.540(b)) to state that the Commandant may accept the provisions
of the DSC Code as equivalent to the applicable requirements of
subchapter T or K. Requests to use the DSC Code as an equivalent would
be handled on a case by case basis by the Marine Technical and
Hazardous Materials Division at Coast Guard Headquarters, and will be
carefully evaluated to ensure that system safety, as envisioned in the
DSC Code, is maintained. Where the DSC Code does not have provisions
equivalent to specific requirements proposed in subchapters T or K, or
where the Code leaves determinations up to the administration, such as
the specific wiring requirements in Sec. 183.340 (K-Sec. 120.340), a
vessel would be expected to comply with the applicable requirements in
subchapters T or K.
U.S. regulations require all vessels carrying greater than 150
passengers to be of steel or equivalent metal construction, i.e.,
noncombustible. However, the DSC Code allows the use of other than
noncombustible materials provided the administration is satisfied that
additional precautions are taken to ensure that an equivalent level of
safety is achieved. Longstanding Coast Guard policy is that it is
difficult, if not impossible, to make structural vessel components
(such as hulls, bulkheads, and decks) of combustible materials (such as
fiber reinforced plastic (FRP)) equivalent to metal construction.
Therefore, DSC constructed of combustible materials have not been
allowed by the Coast Guard to operate in the U.S. carrying greater than
150 passengers.
Because of these changes the Coast Guard has deleted Sec. 176.116
and the specific construction, outfitting, and operational requirements
for DSC proposed throughout the NPRM. With the removal of specific DSC
requirements, it is not necessary to define the other terms associated
with DSC as proposed in the NPRM. Therefore, Sec. 175.400(c) has been
removed.
Submersible Passenger Vessels. The regulations proposed in the NPRM
did not specifically address the special considerations and operations
of submersible passenger vessels. One comment suggested adding
structural standards for submersibles. The Coast Guard disagrees.
Submersible passenger vessels are still considered novel and unique
vessels. As such, these vessels require individual attention and case
by case review and approval by the Commandant (G-MVI). At this time
there are approximately 7 submersibles certificated as small passenger
vessels which is a very small fraction of the small passenger vessel
fleet. A NVIC entitled ``Guidance for Certification of Passenger
Carrying Submersibles'' is being developed to explain Coast Guard
policy concerning the limited number of these unique vessels and their
operations.
Uninspected Vessels. Numerous comments were received expressing the
opinion that uninspected vessels, including uninspected passenger
vessels (i.e., those vessels carrying 6 or less passengers), vessels
operating under bareboat charters, commercial fishing vessels, and
recreational vessels, are less safe than small passenger vessels. These
comments opposed any further regulation of the small passenger vessel
industry and suggested that any new regulations should apply to
uninspected vessels. This opinion encompasses many complex and related
issues.
Vessels operating under invalid bareboat charters, or demise
charters, are subject to subchapter T, but have long been an
enforcement problem for the Coast Guard. The Coast Guard has determined
that it cannot legally regulate true bareboat chartered vessels under
subchapter T. Therefore, these proposed rules do not address bareboat
chartered vessels.
The Commercial Fishing Industry Vessel Safety Act of 1988 (PL 100-
424) became law on 9 September 1988. The Act required the Coast Guard
to publish safety regulations, develop plans for licensing commercial
fishing industry vessel operators, and work with the Marine Board of
the National Academy of Sciences to conduct a safety study to determine
if fishing vessels require an inspection program. A final rule [CGD 88-
079] was published in the Federal Register on August 14, 1991 (56 FR
40364). The fishing vessel safety regulations are intended to improve
overall safety of commercial fishing industry vessels and are outside
the scope of this SNPRM.
The Coast Guard does not agree that recreational boating is an area
currently requiring increased regulation. Coast Guard statistics
indicate that the number of deaths and injuries resulting from
recreational boating incidents are decreasing. There are no plans to
promulgate more regulations. Furthermore, recreational boats are beyond
the scope of this rulemaking.
Existing Vessels
Parts 177 to 185 (K Parts 116 to 122) contain sections which
specify how the requirements in that part apply to existing vessels. An
existing vessel means any vessel other than a new vessel. Section
175.400 in the NPRM defined a new vessel as a vessel for which:
(1) The initial construction began on or after the date the
regulations would take effect;
(2) An initial Certificate of Inspection was issued six months
after the regulations would take effect;
(3) A major conversion was initiated on or after the date the
regulations would take effect;
(4) A major conversion was completed for which an amended
Certificate of Inspection was issued six months after the regulations
would take effect;
(5) Its authorized route was increased by the cognizant OCMI from a
route of lesser severity to a route of greater severity; or
(6) The maximum number of passengers it is permitted to carry was
increased to above certain specified capacities.
Generally, the NPRM proposed that all new and existing vessels meet
the revised inspection and operating requirements in parts 175, 176,
and 185. With some exceptions, only new vessels would have to meet the
construction and outfitting requirements proposed in parts 177 through
184. New equipment which is not installed to specifically replace
existing equipment would have to comply with the revised regulations.
Alterations to existing vessels would have to comply with the revised
regulations. Replacement of equipment in kind (i.e., with equipment
similar to that presently installed on the vessel) or replacement to
meet existing requirements applicable to the vessel before the revised
regulations take effect, need not meet the revised requirements, with
the exception of wiring. Repairs or replacement in kind would normally
have to meet the requirements in effect when the vessel was built.
However, the owner could choose to meet any revised requirements.
As specified in Sec. 180.15, existing vessels would have to meet
the survival craft and EPIRB requirements in the proposed rules within
specified time periods. As specified in Sec. 181.115, existing
fiberglass vessels would have to meet the requirements in Sec. 181.400
for fixed fire extinguishing and detecting systems. And as specified in
Sec. 184.115, certain existing vessels would have to meet the
requirements for public address systems and first aid kits within
specified time periods.
Numerous comments were received on the applicability of specific
proposed regulations to existing vessels. Those comments are discussed
in this preamble under the sections on existing vessels in each
applicable part, such as Sec. 177.115 or Sec. 178.115. The Coast
Guard's response to general comments on the effects of the regulations
proposed in the NPRM on existing vessels are discussed immediately
below.
Several comments stated that the sections in each part on
applicability to existing vessels need to be clarified. The Coast Guard
has revised those sections for clarification wherever possible. Several
comments suggested that the wording of the sections on existing vessels
do not clearly indicate that an owner has the option of complying with
the existing regulations or the revised regulations. The introductory
sentences of Secs. 177.115, 178.115, 179.115, 180.15, 181.115, 182.115,
and 183.115 (and the corresponding sections of subchapter K) have been
revised to more clearly indicate that, with only a few exceptions, a
vessel would have to meet the existing requirements or, as an
alternative, the revised requirements.
Numerous parties stated the requirements proposed in the NPRM would
have significant effects on existing vessels, because the vessels could
not be sold to new owners who want to upgrade the route of the vessel
or increase the passenger capacity without significant costs. Some
comments specifically proposed eliminating items (5) and (6) of the
``new vessel'' definition.
Existing vessels may be redesigned to increase passenger capacity
or to operate on routes for which the vessel was not originally
designed. The intention of the definition of ``new vessel'' in the NPRM
was to require existing vessels which upgraded their capacity or route
to comply with the new, more stringent requirements in the revised
regulations. Allowing such an upgrade for an existing vessel, with a
corresponding increase in risk, and only requiring compliance with the
regulations in effect at the time the vessel was originally
certificated would be unfair to owners of new vessels. However, the
Coast Guard agrees that the proposed definition of a ``new vessel'' in
the NPRM could unfairly affect existing vessels which may be
certificated for a lower passenger capacity or a less stringent route
than actually designed. Without making any major changes, the vessel
may be structurally adequate for a more severe route and meet the
existing requirements for greater passenger capacity. An owner may have
originally requested the lower capacity or less severe route for
equipment outfitting purposes or because the particular planned
operations of the vessel did not necessitate a larger capacity or more
severe route.
The Coast Guard is therefore proposing to change the definition of
``new vessel'' by deleting paragraphs (5) and (6) of the definition
contained in the NPRM which referred to increasing the route and
passenger capacity on the vessel's Certificate of Inspection (COI).
However, to ensure that unfair competition with new vessels does not
occur, the Coast Guard is also proposing in this SNPRM to revise the
definition of ``major conversion'' to include a conversion of a vessel
that substantially alters the design, scantlings, or arrangement so
that the vessel is capable of carrying more passengers, or suitable for
operation on a route of greater severity, than for which it was
originally built.
Some comments stated that existing vessels should always be
grandfathered regardless of changes in construction or arrangement. The
Coast Guard disagrees that existing vessels should always be
grandfathered. Because statistics show the risk of a casualty is
generally greater for an older vessel, the requirements proposed in
this SNPRM may be even more important for existing vessels. The
proposal in this SNPRM which could have the most significant effect on
existing vessels is the requirement for inflatable survival craft on
certain vessels. Because survival craft serve as the primary piece of
lifesaving equipment aboard a vessel, the Coast Guard believes that
existing vessels should comply with these proposed rules. The
installation of survival craft on existing vessels is further discussed
in this preamble under part 180.
The NPRM proposed that an increase in route severity would
necessitate compliance with the revised regulations. One comment stated
that the revised requirements should not be applied to a vessel if it
moves from one harbor to another harbor. Another comment stated that
route severity is not defined. Another comment requested that the Coast
Guard confirm that a vessel would not have to comply with the revised
requirements if the service of the vessel changes but only if the
severity of the route or the number of passengers increases.
These comments may have been made because of a lack of
understanding of the phrase ``route of greater severity'', which is now
proposed to be used in the definition of ``major conversion.'' As used
in this proposed definition, the term ``route'' only refers to a
general description of the bodies of water a vessel is permitted to
operate on, as endorsed on its COI. Routes include, from greater to
lesser severity: Oceans; coastwise; Great Lakes; lakes, bays, and
sounds; and rivers. Information on the ``routes'' a vessel is permitted
to operate on and a listing of the order of severity of routes is
contained in Sec. 176.110 (K-Sec. 115.110) of both the NPRM and this
SNPRM.
A vessel which has its specific area of operation changed from one
harbor to another would not normally have to comply with the proposed
requirements. Likewise, a vessel which only has its service changed
would not normally have to comply with the proposed requirements.
Service, as used in regards to the inspection of a small passenger
vessel, means the type of operation in which the vessel is employed,
i.e., dinner cruises; excursions, including tours, whale watching, or
regatta viewing; crew boats; or fishing. Of course, a change of service
may require that a vessel comply with some existing or even new
requirement specifically applicable to a vessel in the new service. For
example, certain watertight doors on a crew boat would have to be
removed or permanently sealed if the vessel changed its service.
As proposed in the NPRM, a vessel whose construction began prior to
the effective date of the final rule and which is not issued its
initial COI prior to six months after the effective date of the final
rule, would be considered to be a new vessel and would have to meet all
the revised regulations. One comment, representing the Sea Explorers,
indicated that an existing vessel which has not yet been certificated
should be grandfathered so that it would only have to meet the
presently existing requirements. The Coast Guard disagrees. Generally,
allowing such existing vessels to meet only the presently existing
requirements would provide an unfair advantage over vessels built after
the effective date of the new regulations. The MSM presently contains
policy on inspection requirements for Sea Explorer vessels which
consider their special operations.
As discussed under part 177 of this preamble, changes have been
made to the structural fire protection requirements which apply only to
vessels proposed to be regulated by the new subchapter K. The Coast
Guard anticipates that many existing vessels may want to make use of
the wider range of materials allowed for components such as bulkhead
and ceiling linings, and carpets. The increased use of fire retardant
materials, in lieu of present requirements for noncombustible
materials, was based in part on the increased fire protection and
detecting requirements in part 118. Owners of small passenger vessels
regulated by subchapter K which upgrade the interior furnishings and
finishings of their vessels, using the requirements of part 116, would
also be required to ensure their vessels meet the requirements of part
118.
Manning
The Coast Guard does not anticipate any revision to the present
manning requirements. The regulatory project (CGD 85-080a) to establish
new minimum manning requirements for small passenger vessels was
withdrawn in January 1990. However, as a result of National
Transportation Safety Board (NTSB) recommendation M-89-111, in NTSB's
Safety Study of Passenger Vessels Operating from U.S. Ports (November
28, 1989), the Coast Guard plans to include damage stability, emergency
steering, and emergency procedures prior to and after grounding on the
examinations for master and mate of a small passenger vessel. Also as a
result of NTSB's recommendation, fire fighting systems, equipment and
regulations, and electronic navigation have been stressed on these
examinations.
Americans With Disabilities Act of 1990
The Coast Guard realizes that regulations which will be published
to implement the Americans with Disabilities Act of 1990 (Pub. L. 101-
336--July 26, 1990) on ferries and other passenger vessels will impact
small passenger vessel design and operation. The Coast Guard will be
staying abreast of these requirements and will be providing input to
the projects.
Miscellaneous Comments
Several comments suggested the Coast Guard should work more closely
with industry to reach workable solutions while developing these
regulations and specifically stated that an advisory committee or panel
was needed for the small passenger vessel industry. The Coast Guard
recognizes that an advisory committee for the small passenger vessel
industry, similar to the Towing Safety Advisory Committee or the
National Offshore Safety Advisory Committee, would provide valuable
information, advice, and recommendations concerning the small passenger
vessel industry and the maritime field in general. The Coast Guard has
not been provided with funding or a legislative mandate to establish an
advisory committee for the small passenger vessel industry, and
therefore, does not intend to do so. Instead, the Coast Guard will
continue to work together with industry in an attempt to establish cost
effective safety requirements. It should be noted that the Coast Guard
has considered all comments in the docket and held six public hearings
because of its interest in working with the small passenger vessel
industry.
Several comments indicated that metric (SI) units were not
consistently used in the NPRM. This SNPRM makes some use of metric
equivalents. When the final rule is published, metric units will be
used, immediately followed by English units in parenthesis throughout
the regulations.
Several other comments pointed out that the NPRM did not have an
index, while existing subchapter T and other subchapters do have an
index. A useful index will be provided in the final rule.
Numerous comments were received stating that the Coast Guard
estimated costs for the drug testing regulations were much lower than
in actuality. Requirements for drug and alcohol testing of crew members
were published as a final rule in the Federal Register (53 FR 47064) of
November 21, 1988, entitled ``Programs for Chemical Drug and Alcohol
Testing of Commercial Vessel Personnel.'' All issues raised by the
comments to the subchapter T docket were addressed in that final rule
on drug testing and will not be addressed by this SNPRM.
One comment stated that the drug testing regulations should be
repeated in subchapter T. The requirements in the drug testing rule
were very complex and are presently centrally located in 46 CFR part 16
for applicability to all vessels. It is unnecessary to repeat them in
subchapter T.
Many comments were received concerning the use, abuse, and
elimination of tonnage measurement loopholes which allow the size and
capacity of vessels to be increased while remaining under 100 gross
tons. Some of these comments specifically mentioned adoption of the
International Tonnage Convention (ITC) or revision of the regulations
in 46 CFR part 69--Measurement of Vessels. Part 69 was rewritten and
the ITC was adopted as the primary tonnage measurement instrument of
the United States in a final rule published in the Federal Register (54
FR 37657) on 12 September 1989. Many of the other issues which were
raised concerning breakpoints for application of subchapter H are
addressed previously in this preamble, under the section on
Breakpoints.
One comment stated that the waters defined by a lakes, bays, and
sounds route needed to be clearly defined or eliminated. The Coast
Guard disagrees. The route categories which appear on a COI (oceans;
coastwise; Great Lakes; lakes, bays, and sounds; or, rivers) describe
geographical areas which dictate lifesaving and other outfitting needs.
Establishing firm criteria for categorizing ``lakes, bays, and sounds''
routes would be unrealistic due to the large number of variables
involved. Eliminating the route would place an undue burden on vessels
operating on what are generally considered inland waters because
current lakes, bays, and sounds routes would be generally reclassified
as coastwise.
The comment also stated that the definitions of oceans, coastwise,
Great Lakes, lakes, bays, and sounds, and rivers routes were inadequate
and confusing, and went on to suggest that the intact stability
criteria definitions for protected, partially protected, and exposed
waters should be harmonized with routes found on a COI. The terms
protected, partially protected, and exposed are used for stability
purposes to describe the sea conditions that a vessel might encounter.
While these conditions follow general geographical trends, this is not
always the case. For example, a sound is generally considered to be
partially protected but may be classified as exposed due to local
conditions. Geographic terms are occasionally used for stability
purposes, and parallel those used for vessel outfitting, with the
exception of oceans. For stability purposes, oceans includes coastwise.
(b) Specific Comments
46 CFR Subchapter S--Subdivision and Stability
Many of the comments received concerning subdivision and stability
requirements discussed the effects of the changes proposed in the NPRM,
or suggested additional changes, which would affect other classes of
vessels, such as passenger vessels of at least 100 gross tons and
offshore supply vessels. The Coast Guard Marine Technical and Hazardous
Materials Division is currently reviewing stability requirements for
all types of vessels under a project entitled ``General Revisions to
Stability Regulations'' [CGD 89-036]. The changes proposed in the NPRM
to some sections of subchapter S (Secs. 170.090, 170.170, 170.173,
171.050, 171.055, 171.070, 171.076, 171.077, and 171.080) are now being
evaluated under the stability revisions project so that the effect that
any proposed changes might have on other types of vessels can be
considered. Therefore, these proposed changes to subchapter S have been
removed from the small passenger vessel SNPRM. All comments received on
the applicable subchapter S sections will be considered in the
development of proposed rules under the stability revisions project.
The Coast Guard anticipates that an NPRM for the stability revisions
project will be published this year.
Since publishing the NPRM, the Coast Guard Marine Technical and
Hazardous Materials Division has also amended this subpart under a
project entitled ``Stability Design and Operational Regulations'' [CGD
89-037]. These amendments included requirements for stability
verification and logging, loading door closure and logging, hull
markings, periodic lightship verification, and residual stability for
new passenger vessels. These changes were published in a final rule on
September 11, 1992, and except for the periodic lightship verification
requirements, were effective on December 10, 1992. The effective date
of the lightship verification requirements was indefinitely suspended,
and is not included in this SNPRM. A comment period was reopened
relative to these requirements, with revised amendments due to be
published in the near future. The remaining amendments have been
incorporated into the SNPRM.
Part 170--Stability Requirements for All Inspected Vessels
One comment proposed that naval architects be allowed to review and
certify a vessel's stability as an alternative to Coast Guard review.
The Coast Guard disagrees with this proposal. Because of the importance
of small passenger vessel stability and subdivision, the Coast Guard
has not delegated this function to any classification society or other
party. No change was made to the NPRM.
One comment suggested that when evaluating damaged stability, it is
inappropriate to limit the maximum draft based on floodable length.
Floodable length calculations only need to be done at the same draft
and trim as damaged stability and it is often a less severe criteria
than damaged stability requirements. No changes were made to the NPRM.
Section 170.050 General Terms
One comment suggested amending the definition of ``partially
protected waters'' to be the same as in proposed Sec. 175.400. The
Coast Guard has determined that since this change would affect vessels
other than small passenger vessels, implementing the suggestion would
go beyond the scope of this project. No change was made to the NPRM.
Section 170.055 Definitions Concerning a Vessel
The proposed rule would allow the Marine Safety Center (MSC) to
include underwater projections in the value of ``length between
perpendiculars (LBP)'' to make the application of stability criteria
better reflect the buoyancy distribution of a vessel. One comment
suggested using a new term to describe the length of a vessel that
would include large underwater projections, rather than modifying the
definition of LBP. The Coast Guard disagrees because another definition
for length would make the regulations more complicated. The use of the
term LBP within subchapter S, in sections applicable to small passenger
vessels, is sufficient to determine volumes subject to flooding. In
these cases, a modified definition of LBP should not create confusion.
The proposed definition of a ``small passenger vessel'' eliminates
those vessels carrying six or less passengers and came from the law (46
U.S.C. 2101(35)). One comment suggested that due to this definition,
all small passenger vessels would have to comply with part 170 on
stability, and that this would require even small passenger vessels of
not more than 65 feet in length to have inclining and hydrostatic
curves drawn by a naval architect. This is not true. Proposed
Sec. 178.310 permits an owner of a vessel, with only a limited
knowledge of stability, to perform a simplified stability proof test,
which can be conducted under the supervision of the Coast Guard. The
cognizant OCMI has the discretion to determine that certain vessels
carrying not more than 49 passengers are not required to undergo this
test. Section 178.310 also specifically identifies which vessels must
meet subchapter S criteria and which sections are applicable. No
changes were made to the NPRM.
Section 170.255 Class 1 Doors; Permissible Locations
This section of the existing regulations contains requirements for
Class 1 watertight doors. In the NPRM, no changes to the existing
regulations were proposed. Requirements for watertight doors on small
passenger vessels were proposed in Sec. 179.330 of the NPRM. One
comment suggested current policy on watertight doors should be included
in existing Sec. 170.255 and that the requirement for an open/closed
indicator in existing Sec. 170.255(e) should apply to class 2 and 3
doors as well. The Coast Guard disagrees. Current policy is being
included in proposed Sec. 179.330, which applies existing Sec. 170.255
to small passenger vessels. Remote indicators are already required for
class 2 and class 3 doors by existing Sec. 170.270(d). No change has
been made to the NPRM.
Part 171--Special Rules Pertaining to Vessels Carrying Passengers
Section 171.010 Definitions
One comment suggested amending the definition of ``ferry'' in
Sec. 171.010(d) to be the same as Sec. 175.400 of the proposed rule.
The proposed rules defined ``ferry'' in Sec. 175.400, using the
definition in existing Sec. 175.10-9, except that the clause ``having
provisions only for deck passengers and/or vehicles'' was inadvertently
left out. The Coast Guard agrees that definitions should be consistent,
if possible. ``Ferry'' is also defined in 46 CFR subchapter H,
``Passenger Vessels'', which uses the same definition as existing
subchapter T. The definition of ferry in Sec. 175.400 has been changed
to what it is in the existing regulation and is now consistent with
subchapter H. The definition of ferry in Sec. 171.010(d) has been
changed to be consistent with the other subchapters by changing the
wording concerning routes in (d)(1) and adding the phrase ``short
runs'' to (d)(3). It is of particular importance to note that the only
passengers allowed on ferries are ``deck passengers.'' The term deck
passenger generally refers to a passenger for whom no berthing or other
accommodation is provided, other than the freedom to occupy allotted
deck space, as opposed to cabin passengers. Deck passage is usually
limited to short voyages. Berthing is important for stability because
berthed passengers sleep in closed compartments. The standard of
subdivision for a ferry is much less than that applicable to other
passenger vessels. This trade-off demands much less risk, in the form
of awake and alert passengers and easy escape routes.
Section 171.035 Intact Stability Requirements for a Sailing Vessel or
an Auxiliary Sailing Vessel
The proposed rule would have deleted Sec. 171.035, removing the
provisions for a simple proof test for initial stability, taking the
position that a simplified analysis of the intact stability was not
sufficient for sailing vessels. This would have required the stability
of all sailing vessels to be analyzed with the procedures applicable to
larger sailing vessels. Four comments expressed reservations with the
complete elimination of Sec. 171.035, and questioned if it was intended
to subject all sail and auxiliary sail vessels to the requirements for
large sail vessels, including inclining experiments.
Since the NPRM was published, the Coast Guard has performed a
stability study on sailboats of not more than 65 feet in length. The
results showed that the simplified proof test is sufficient for typical
arrangements (decked vessels with a cockpit no longer than 0.2L), and
ensures a level of safety similar to a more formal analysis, provided
downflooding openings are well inboard. Therefore, the requirements in
existing Sec. 171.035 have been retained, but placed in new
Sec. 178.325.
Section 178.325 contains revised descriptions of hull forms for
which the simplified evaluation procedures are not sufficient to ensure
that small vessels are stable. The inclusion of this section was most
easily and logically made by making some changes and additions
concerning sail and auxiliary sail vessels to proposed Secs. 178.310
(a) and (b)(2), and inserting a new Sec. 178.330(e) concerning
applicability and procedures for simplified stability proof tests. The
term ``self-bailing cockpit'', which is used in proposed
Sec. 178.325(d) of this SNPRM, is defined in proposed Sec. 175.400.
Proposed Sec. 171.045(f), which would have required all small passenger
vessels which are sailing vessels to meet large vessel stability
criteria, has been removed.
Section 171.057 Intact Stability Requirements for a Sailing Catamaran
The proposed rules did not address Sec. 171.057. One comment
suggested modifying the required heeling moment to account for sail
rigs which have a headsail that goes only part way up the mast. The
Coast Guard agrees. Recent advances in the design of catamaran mast and
sail arrangements have resulted in designs which are unduly penalized
because they have a higher than normal mast and use sails that do not
go all the way to the masthead. The formulas in this section have been
modified to use the height of the center-of-effort of the sail plan
rather than the height of the mast. This approach is more realistic
than using a height coefficient and more in keeping with the
requirements for monohull sailing vessels.
Section 171.085 Collision Bulkhead
The proposed rules did not address the requirements for collision
bulkheads in existing Sec. 171.085. One comment suggested that
paragraphs (c), (d), and (j) of Sec. 171.085 are incompatible and
confusing. The Coast Guard agrees that numerous problems interpreting
this regulation have been experienced. The Coast Guard Marine Technical
and Hazardous Materials Division is currently considering changes to
clarify this section as part of a regulation project entitled ``General
Revisions to Stability Regulations'' (CGD 89-036) that will update and
correct subchapter S in general. An NPRM is expected to be published in
the future.
46 CFR Subchapter T
Part 175--General Provisions
Section 175.110 General Applicability
One comment requested that existing Table 175.05-1(a) be updated
since it provides a convenient means of determining which inspection
subchapters regulate each type of vessel. The Coast Guard's position is
that it is not necessary to include the detailed applicability table in
the revised subchapter T since proposed Sec. 175.110 is sufficiently
clear as to which vessels must comply with subchapter T, and because
Table 2.01-7(a) in 46 CFR Part 2, Vessel Inspection, can be used as the
entry table to initially determine the inspection subchapter which
applies to the various vessel types. Removal of the table from part 175
will simplify the part and reduce volume.
One comment stated that subchapter T should apply to towboats which
are permanently or semi-permanently attached to passenger barges since
such boats often provide all vital systems for the barge. The Coast
Guard has recently decided that the towing vessel portion of an
integrated tug/barge combination in passenger service is not subject to
inspection as a passenger vessel, unless passengers are allowed aboard
the attending towing vessel. The barge itself is inspected as a non-
self-propelled passenger barge, and should have all required emergency
equipment on board, including, but not limited to, the emergency source
of power and all lifesaving and firefighting equipment.
One comment stated the terms ``laid up, dismantled, or out of
commission'', as used in Sec. 175.110(b)(2) of the NPRM, should be
defined. These terms are commonly used in industry and the regulations
and do not need to be defined. However, Sec. 175.110(b)(2) has been
deleted because it is not necessary for the determination of whether a
vessel must comply with the small passenger vessel regulations.
Section 175.122 Load Lines
This section identifies which vessels must comply with the load
line regulations in 46 CFR subchapter E. This section is provided for
the convenience of the reader since subchapter E contains a separate
applicability section. The wording of this section is almost identical
to that in existing Sec. 175.07-1.
One comment stated the section does not correspond to 46 U.S.C.
5102 (Load Lines--Application) in that it fails to address the
applicability of load lines for certain vessels in domestic service.
Since subchapter T is only concerned with small passenger vessels, this
section only addresses load line requirements for small passenger
vessels. Small passenger vessels on domestic voyages are specifically
excluded from load line requirements by 46 U.S.C. 5102(b)(11). One
comment asked if the Coast Guard was dropping the 100 ton limit for
load lines and using length instead. The only breakpoint applicable to
small passenger vessels for load lines is 79 feet. The only use of
tonnage as a breakpoint under the load line law is that existing
vessels of not more than 150 gross tons on domestic voyages need not
comply with the applicable requirements. Since all small passenger
vessels are under 100 gross tons, there is no need to address the
tonnage of vessels in Sec. 175.122.
The proposed rule uses the words ``foreign voyage'' instead of
``international voyages'' which is used in existing Sec. 175.07-1.
``Foreign voyage'' is used since that term is used in 46 U.S.C. 5102.
In response to two comments questioning the definitions of foreign
voyage and international voyage, the proposed wording was changed to
use the wording ``voyage other than a domestic voyage'' to more closely
mirror the law. The law defines domestic voyage as movement of a vessel
between places in, or subject to, the jurisdiction of the U.S., except
movements involving certain territories, possessions, and Trust
Territories. One comment stated that certain vessels will make foreign
voyages but not international voyages in order to avoid load line
regulations. Under the above definition, any small passenger vessel of
more than 79 feet in length, not on a domestic voyage, is required to
comply with the load line requirements. The Coast Guard Marine
Technical and Hazardous Materials Division is currently considering
changes to these definitions under a project entitled ``Comprehensive
Revision of Load Line Regulations'' (CGD 86-013). An NPRM is scheduled
to be published at a later date.
One comment suggested referring specifically to part 46 of
subchapter E in the section. However, since other parts of the
subchapter can also be applicable, the Coast Guard did not adopt this
recommendation. Another comment suggested that a provision should be
included for exemptions from certain load line requirements under
certain circumstances. This is not necessary since there are already
specific provisions for exemptions within subchapter E. Since few small
passenger vessels will have to comply with load line requirements,
there is no need to include detailed requirements and exemption
procedures in this rulemaking.
One comment suggested allowing the use of cargo vessel load lines
and certificates for small passenger vessels over 79 feet in length, to
facilitate international movement while carrying 12 or less passengers.
The Coast Guard disagrees. Passenger vessels require a subdivision load
line. Only cargo vessels, that is, those vessels which are inspected
under subchapter I, Cargo and Miscellaneous Vessels, and which meet all
applicable international standards for cargo vessels, including load
line requirements, can carry 12 or less passengers on international
voyages with a cargo vessel load line.
Section 175.200 Gross Tonnage as Criterion for Requirements
This section in the NPRM, adopted from existing Sec. 175.05-15,
states that regulations in addition to or in place of those in
subchapter T may be prescribed if the Commandant determines that a
small passenger vessel, which has measured under 100 gross tons only
because of extensive use of exemptions, reductions, or other devices in
the gross tonnage formulation, may be subjected to safety hazards or
risks that regulations in subchapter T do not adequately address.
The Coast Guard received many comments on this section. Most
comments generally opposed the provision or wanted it to be more
specific in regards to additional requirements that might be imposed.
As previously discussed in the section of this preamble on Breakpoints,
the Coast Guard is proposing to create a new subchapter K and to adopt
upper limit breakpoints above which vessels would have to comply with
most of the requirements applicable to passenger vessels of at least
100 gross tons (subchapter H). This breakpoint scheme moves away from
using gross tonnage as the primary factor in determining applicability
of the regulations and should control the continued escalating use of
tonnage innovations to stay under 100 gross tons. By proposing the
adoption of this breakpoint scheme, the Coast Guard is making the
determination that gross tonnage is not a valid criterion for certain
vessels, and that passenger capacity or length are the preferred
criteria. Because of this determination, this section has been deleted
from proposed subchapter K as unnecessary, but has been left in
proposed subchapter T.
Section 175.400 Definitions
This section of the SNPRM revises and expands upon existing
Sec. 175.10. Numerous comments were made on this section giving support
for centrally locating the definitions, asking for further
clarification of already defined words, and asking for additional
definitions. Generally, words or terms which, based on Coast Guard
experience, may require interpretation have been defined in
Sec. 175.400, except that a word that is used only within one section
in the subchapter may be defined within that section.
Auxiliary sailing vessel. One comment suggested adding the
definition of an auxiliary sailing vessel. Since there are no
requirements in this SNPRM for a sailing vessel with auxiliary power
(an auxiliary sailing vessel) that do not also apply to a sailing
vessel, the term ``auxiliary sailing vessel'' is not used in the
proposed regulations.
Cargo space. One comment stated that ``cargo oil tank'' and
``product or chemical tank'' should be deleted from the definition of
cargo space since their inclusion wrongly indicates that a small
passenger vessel can carry such cargo in integral tanks. The Coast
Guard agrees and the noted terms have been deleted.
Coastwise. One comment stated that ``coastwise'' is not defined as
it is used in 43 U.S.C. 1333 and in 46 CFR 46.05-15. ``Coastwise'' is
defined in 43 U.S.C. 1333 for the purposes of U.S. Customs laws, and is
defined in 46 CFR 46.05-15 for load lines purposes. Prior to the
recodification of 46 U.S.C., the load line law referred to
``coastwise.'' Chapter 51 of 46 U.S.C. now uses the term ``domestic
voyage.'' The definition of coastwise used in the NPRM is the
definition which has been traditionally used in all vessel inspection
subchapters. To change the definition of coastwise used in all
inspection subchapters would not be beneficial.
Commandant. One comment expressed concern that under the proposed
definition, a marine inspector could be considered an authorized
representative of the Commandant. As such, the chain of appeal could be
compromised. The Coast Guard agrees and proposes to revise the
definition to include only authorized Coast Guard headquarters staff
officials.
Corrosion-resistant material. One comment stated that brass should
not be labeled ``corrosion resistant.'' One comment stated that
stainless steel and monel should be included as ``corrosion
resistant.'' Certain grades of brass are more prone to zinc
deterioration than other grades. For example, a naval brass installed
in a salt water system will provide better service than a lesser grade
of brass intended for a lighter duty service. Some grades of stainless
steel and nickel-copper (monel) are considered corrosion resistant in
marine environments. The NPRM rule has been changed to clarify the
meaning of corrosion resistant.
Draft. One comment suggested defining draft from the bottom of the
keel rather than the molded baseline, noting that other subchapters use
the bottom of the keel as a reference. The Coast Guard disagrees. With
one exception, the use of ``draft'' in this subchapter is for the
purpose of describing the buoyant hull in stability calculations, not
the depth of a vessel below the waterline or the underbottom clearance.
For these purposes, on most small vessels, the molded baseline is a
better indicator than the bottom of the keel, especially for vessels
with large skegs and keels. The exception is for the draft marks
required by Sec. 185.602. No change has been made to the NPRM.
Freeing port. One comment suggested adding ``from exposed decks''
between ``water'' and ``overboard'' in the proposed definition of
freeing ports. The Coast Guard agrees this would clarify the
definition. The proposed rule has been revised with minor additional
changes made to clarify the definition.
Great Lakes. One comment suggested revising the definition of Great
Lakes to be consistent with that found in 46 CFR 10.103 in order to
avoid confusion. Generally, 46 CFR Part 10 deals with the requirements
for licensing of Merchant Marine Officers. The definition in proposed
Sec. 175.400 is used for stability concerns and lifesaving equipment
requirements, which are independent of 46 CFR 10.103. Although the
Coast Guard agrees with the concept of consistent definitions, adopting
the Part 10 definition would require some vessels operating on the
tributary rivers to meet the higher standards of Great Lakes routes,
rather than rivers routes. No change has been made to the NPRM.
Harbor of Safe Refuge. The term ``harbor of safe refuge'' is used
in Secs. 170.170, 175.400, 175.530, 176.110, 180.15, and 180.75 of the
NPRM. The primary purpose of using the term is to allow reduced
stability criteria and an exemption from certain lifesaving equipment
for a vessel which is able to travel in a short time to a location
accessible to the vessel and where it would be sheltered from a rapidly
developing storm which is not forecasted in sufficient time for safe
trip-planning. Using local knowledge and information in sources such as
Coast Pilots and charts, the OCMI must determine the acceptability of
the location of a ``harbor of safe refuge'' on a vessel-by-vessel
basis. This determination normally depends on the vessel's size and
evidence that a harbor, port, or anchorage provides satisfactory
shelter.
Several comments requested that the term ``harbor of safe refuge''
be defined to ensure consistent application of the term. The Coast
Guard agrees and has proposed a definition in Sec. 175.400 in this
SNPRM.
International voyage. The proposed definition in the NPRM for
``international voyage'' is based on the provisions of existing subpart
176.35. Two comments stated that paragraphs (2) and (3) of the
definition, which includes voyages between the continental United
States and Alaska or Hawaii, or between Alaska and Hawaii, should be
deleted since their inclusion is unfair to vessels in such service and
the provisions serve no practical purposes. The inclusion of such
voyages as international voyages basically requires any vessel on a
trip between the U.S. mainland and Alaska or Hawaii, or both, to comply
with SOLAS. Existing subpart 176.35 was first promulgated when
provisions of SOLAS 1960 were incorporated into subchapter T in 1965.
Voyages from the U.S. mainland to and between Alaska and Hawaii were
designated as international voyages in all the vessel subchapters (D,
H, I, T) because, when promulgated, it was believed that such voyages
were similar in nature to ``international voyages'' and for safety
reasons the increased standards of SOLAS were needed for vessels on
such routes.
The Coast Guard agrees that in many cases it may be unnecessary and
inequitable for small passenger vessels on voyages listed in paragraphs
(2) and (3) of the ``international voyage'' definition to be required
to comply with SOLAS. Under the existing regulations a small passenger
vessel can make a voyage from Ketchikan, Alaska to Anchorage, Alaska
without having to comply with SOLAS, but the same vessel would have to
comply with SOLAS for the shorter, probably safer voyage from Seattle,
Washington to Ketchikan. Additionally, under the proposed regulations,
a small passenger vessel making the subject voyages would need
inflatable survival crafts regardless of SOLAS. One of the primary
reasons for previously requiring vessels on the subject voyages to
comply with SOLAS was due to the more stringent lifesaving equipment
standards of SOLAS. If adopted, the revised regulations would increase
the safety equipment required for vessels, including both inflatable
survival craft and fixed fire extinguishing systems, regardless of
their need to comply with SOLAS requirements. Therefore, in this SNPRM
the Coast Guard is revising the definition of an international voyage
to be a voyage to or from a country which is party to SOLAS.
Large. Several comments expressed concern about the use of the word
``large'' in the NPRM and wanted it defined. The primary concern such
persons have is when ``large'' is used as an adjective for ``vessels.''
In the preamble for the NPRM, the terms ``large vessels'' or ``very
large small passenger vessels'' are generally used to describe vessels
which are bigger than the size of boats which subchapter T was
originally intended to regulate. The word ``large'' is never used in
connection with the size of a vessel within the actual regulations in
the NPRM or this SNPRM. When separate regulations are proposed for
vessels of different sizes, the specific parameters are described such
as ``a vessel of not more than 65 feet in length with overnight
accommodations for more than 49 passengers.'' The word ``large'' was
used as little as possible throughout this preamble, and when used its
meaning is clear within the context of that sentence or paragraph.
``Large'' has not been defined.
Length. The NPRM defines ``length'' similar to the definition in
the existing regulations except it is more detailed, describes some
specific exclusions, and provides a separate definition for subdivision
requirements of a vessel with a ``bulbous bow.'' Several comments were
submitted on the definition, including requests to be more specific,
simplify it, or to redefine it as the ``registered length'' used for
tonnage measurement purposes.
The Coast Guard agrees that the use of ``registered length'' would
provide the simplest, most concise measurement for those requirements
whose applicability is based on length. Prior to the passage of Pubic
Law 96-378, small passenger vessels were divided into two categories
using an overall length of 65 feet as the breakpoint, primarily due to
an existing definition of ``motorboat'' based on length overall. With
the current absence of any length criteria in the small passenger
vessel law, there is no statutory reason to retain the traditional
definition of length.
The registered length of all vessels required to have a Certificate
of Documentation is placed in the length block of the Certificate of
Documentation. The length ``over the deck'', measured from end to end
excluding sheer, as defined in Sec. 175.10-19, is presently used to
determine applicable requirements for small passenger vessels. It is
the registered length which is automatically recorded by the MSIS on
the COI of an inspected vessel. Under the provisions of 46 CFR part 69
(Measurement of Vessels), which was revised on September 12, 1989 (54
FR 37652), the registered length of a vessel which has an overall
length under 79 feet and which is measured using simplified
admeasurement, is the overall length defined in 46 CFR 69.203 as the
horizontal distance between the outboard side of the foremost part of
the stem and the outboard side of the aftermost part of the stern,
excluding rudders, outboard motor brackets, and other similar fittings
and attachments. The definition of the registered length for other
vessels was adopted from the International Tonnage Convention and is
defined in 46 CFR 69.53 as the greatest of either: (1) 96 percent of
the length of the vessel on a waterline at 85 percent of the last
molded depth; or (2) the length of the vessel from the fore side of the
stem to the center axis of the rudder stock on that same waterline.
These definitions of length are illustrated in the diagram below.
BILLING CODE 4910-14-P
TP13JA94.000
BILLING CODE 4910-14-C
Vessels which are not issued a Certificate of Documentation under
46 CFR part 69 are normally required to have a Certificate of Number
under the provisions of 33 CFR part 173, issued either by the Coast
Guard or a State. The length of a vessel, which is defined in 33 CFR
183.3, is recorded on the Certificate of Number. ``Length'' as defined
in 33 CFR 183.3 is, for all practical purposes, the same as the
``overall length'' defined in 46 CFR 69.203.
The Coast Guard has revised the definition of ``length'' in
Sec. 175.400 of this SNPRM to be the length listed on a vessel's
Certificate of Documentation or Certificate of Number. This proposal
will make it easier for owners and inspectors to determine the length
for vessel inspection requirements. The definition of ``length'' in
subchapters T and K would be consistent with registered length used for
measurement and documentation purposes, and with length as used for
other vessel inspection and load line requirements.
In making this change to the definition of ``length'', the Coast
Guard realizes that some vessels which measure greater than 65 feet in
length using the existing definition might measure less than 65 feet
using the proposed definition. However, the requirements in this SNPRM
which use 65 feet as a breakpoint are not so critical to safety that a
few feet in length will make a difference. The increased use of
passenger capacity as a breakpoint and the separation between
subchapters T and K helps to limit the apparent lessening of any safety
threshold. The Coast Guard solicits additional comments on this
proposed definition of ``length''.
Length between perpendiculars (LBP). One comment suggested changing
the definition of LBP to be the same as in 46 CFR 42.13-15(a), which is
dependent on the molded depth rather than the draft. This would make
requirements which are dependent on the definition of LBP independent
of the draft. The Coast Guard disagrees. Small passenger vessels
usually have a restricted range of drafts during normal operating
conditions, which remains fairly constant for the life of the vessel.
No change has been made to the NPRM.
Machinery space. Four comments stated that this definition is too
broad because it includes equipment such as oil fired heaters, air
conditioners, compressors, and small motors over 10 hp, and that a
literal interpretation of the proposal would possibly require overly
stringent requirements for spaces with such units. The comments
requested specific requirements because the risk is not the same for
all included spaces. The Coast Guard disagrees and thinks most OCMI's
and marine inspectors will reasonably interpret this and all other
regulations. If an owner or operator thinks they are being overburdened
by the unreasonable interpretation or application of regulations they
can appeal under Sec. 175.540 [K-Sec. 114.540]. No change has been made
to the NPRM.
Oceans. One comment suggested that the Great Lakes be included in
the definition of ``oceans'' based on a perceived similarity in hazard
levels. The Coast Guard disagrees that operating environments on oceans
and Great Lakes routes are similar. No change has been made to the
NPRM.
Operating Station. One comment stated that the definition of
``operating station'' in the NPRM implies that a licensed individual
must actually serve as the helmsman of the vessel. Proposed
Sec. 185.304 does indicate that the movement of the vessel must be
under the direction and control of a licensed individual at all times,
although an unlicensed individual may actually be at the helm
physically steering the vessel. However, the Coast Guard agrees that
the definition of ``operating station'' could be interpreted to require
the licensed individual to serve as the helmsman. Since this is not the
intent, the proposed definition is revised in this SNPRM by deleting
the reference to ``licensed'' individual.
Overnight Accommodations. The terms ``overnight accommodations'' or
``overnight accommodation space'' were defined in the NPRM to ensure
consistent application of the requirements where the terms are used,
including in parts 177, 181, and 185. Two comments recommended that the
term ``berthing area'' be used instead of ``overnight accommodations.''
The Coast Guard disagrees. The term ``overnight accommodations'' was
adopted from NVIC 11-83 and is commonly used. ``Overnight'' modifies
``accommodation space'' which is defined separately in Sec. 175.400 and
which is commonly used throughout the inspection regulations.
One comment stated that the last sentence of the proposed
definition in the NPRM concerning seats contains a contradiction. This
sentence has been shortened and clarified in this SNPRM.
Some comments expressed the concern that the definition of
``overnight accommodations'' in Sec. 175.400 would adversely affect
fishing party vessels or headboats. Some of these vessels leave at 10
P.M. or midnight and passengers sleep in their seats while the vessels
are underway to their fishing spots. The definition of ``overnight
accommodations'' in this SNPRM specifically allows this practice.
Pontoon boats. One comment suggested adding the definition of a
pontoon boat to this section. The Coast Guard disagrees because the
term ``pontoon boat'' is well understood and sketches of a typical
pontoon vessel are located in proposed Sec. 178.340. No change has been
made to the NPRM.
Sailing vessel. One comment suggested deleting the word
``principally'' from the definition of sailing vessel since it might be
argued that sails of sail-assisted vessels are not the principal means
used to propel the vessel. The Coast Guard disagrees because the issue
is the difference between vessels intended to be normally powered by
sail and those normally powered by mechanical means, a distinction
which is normally quite clear with small passenger vessels. A small
passenger vessel is either a motor vessel, or a sailing vessel (which
includes a sailing vessel with an auxiliary engine), and cannot be a
motor vessel with auxiliary sails, as is the case with some recent
innovations on large cargo ships trying to reduce costs. Subchapter S
will still define and use the term ``auxiliary sailing vessel'' for
specifying requirements for vessels to which Subchapter S applies. No
change has been made to the NPRM.
Scupper. Although no comment was received concerning the definition
of a scupper, it was modified to more clearly differentiate it from a
freeing port. A scupper is a drain opening in a deck, whereas a freeing
port is an opening in the sideshell or hull of a vessel.
Switchboard. One comment stated that the definition of
``switchboard'' should be clarified. The Coast Guard does not agree.
The definition for switchboard in Sec. 175.400 is accepted as the
national standard found in ANSI/IEEE Standard 100-1977.
Weathertight. One comment stated that, in the definition of this
term, the phrase ``into the unit'' can be deleted without changing the
intent. The term ``weathertight'' can apply to a machinery component,
or a compartment or closure aboard a vessel. The phrase ``into the
unit'' does not necessarily clarify the definition and has been
deleted. The intent of the regulation does not change.
Well deck. One comment suggested modifying the definition of well
deck to describe an exposed recess in the weather deck with sides which
are not common with the sideshell. The Coast Guard disagrees. Whether
the sides of the recess are common with the sideshell (in which case
they are bulwarks) or not, does not affect the concept of a well deck.
No change has been made to the NPRM.
Section 175.500 Conduct of an Inspection for Certification
This section in the NPRM is almost identical to existing
Sec. 175.20-1 and discusses the time, place, and persons present during
an inspection. One comment stated that this section should be moved to
Part 176, Inspection for Certification. The Coast Guard agrees and
proposes in this SNPRM to move the contents of paragraphs (a) and (b)
of Sec. 175.500 to new paragraphs (b) and (c) of Sec. 176.400.
Section 175.510 Notice of Deficiencies and Requirements
The wording of this section is basically identical to existing
Sec. 175.20-5 and discusses procedures for a marine inspector to point
out deficiencies to the owner of a vessel. Two comments stated that,
for consistency, the parties listed in Secs. 175.500 and 175.510 as
being responsible for arranging and being present at inspections and
for receiving notification of outstanding inspection deficiencies
should be the same. The Coast Guard agrees and has revised paragraphs
(a) and (b) of both sections in this SNPRM by listing the responsible
parties as ``the owner, managing operator, or a representative
thereof.''
One comment stated that this section should be in subpart D of part
176. The Coast Guard agrees that it would be more appropriate for the
section to be in part 176, which contains specific inspection
requirements, but is proposing in this SNPRM to move it to subpart H of
part 176, which discusses inspection standards and requirements for all
types of inspections, whereas subpart D specifically addresses
inspections for certification.
Section 175.530 Alternative Standards
One comment stated that the equivalencies allowed by the NPRM for
DSC's should also be allowed for other small passenger vessels. In
fact, Sec. 175.530, Alternative standards, in the NPRM specifically
stated that the owner of a vessel which does not meet the definition of
a DSC may request that the vessel be certificated under the regulations
applicable to DSC providing the vessel complies with the same
operational restrictions imposed on DSC. The NTSB stated that a vessel
which is not a DSC should not be allowed to comply with the DSC
requirements, especially reduced structural fire protection
requirements, since it would represent an unjustified, increased risk
for passengers. In consideration of the changes proposed to the
regulations affecting DSC, discussed in this preamble in the section on
``Specific Vessel Types,'' the Coast Guard has not included
Sec. 175.530 in this revised SNPRM. However, under both existing
Sec. 175.15-1 or proposed Sec. 175.540(a), any owner may request that
the Commandant accept in substitution for a required arrangement,
fitting, appliance, apparatus, equipment, calculation, information, or
test an equivalent that is as effective as that required by the
regulations and is consistent with the intent of and the minimum safety
standards specified in the regulations.
Section 175.540 Equivalents
As in the existing Sec. 175.15-1, this section would allow the
Commandant to accept substitutes for an arrangement, or items such as a
fitting or piece of equipment, required by specific regulation.
Numerous comments stated that the OCMI should have the authority to
grant equivalencies (at least to some degree), waive requirements under
special circumstances, or evaluate and adjust applicable rules to make
each vessel safer. These comments stated that the process of the
Commandant granting an equivalency may be too slow and cumbersome, and
might prevent adjustments for the uniqueness of operations in various
areas. The Coast Guard's position is that the Commandant should
normally remain responsible for the granting of equivalencies,
primarily to ensure more consistent application and interpretation of
the regulations. Section 175.550 authorizes the OCMI to grant limited
equivalencies under special circumstances. The Commandant's review of
equivalency requests may be occasionally delayed due to a backlog of
work, but if requests are properly documented and justified by the
owner, and submitted during the normal plan review process, requests
for equivalencies can normally be acted upon by the Commandant before
the review of all the vessel's plans are complete.
Section 175.550 Special Consideration
As presently allowed by existing Sec. 175.25-1, this proposed
section would allow the OCMI to grant equivalencies but only in unusual
cases when compliance with a specific regulation is not practicable.
Such special equivalencies would only be valid within the zone of the
OCMI who granted the equivalency. One comment stated that the authority
granted to the OCMI by this section contradicts those sections which
restrict equivalency authority to the Commandant. The comment stated
that the OCMI should have full equivalency authority in all cases. The
Coast Guard disagrees. This provision has been retained for those
unusual cases where it may be necessary for the local OCMI to have the
discretion to act. However, one of the primary purposes of this
revision is to reduce the inconsistent application of the regulations
among marine inspection zones. This is especially important with the
large number of vessels moving from zone to zone or being built in one
zone for operation in another zone. Therefore, it is necessary that the
Commandant retain the general equivalency authority contained in
Sec. 175.540.
Several comments stated that equivalent arrangements or departures
from regulatory requirements allowed in one zone should be accepted in
any other zone. The Coast Guard disagrees. This would increase the
inconsistent application of the regulations from one zone to the next,
rather than decrease it. An arrangement which might be safe in one
port, zone or geographic area may not be safe in another. If an owner
or operator thinks that a vessel will be operating in more than one
zone during its life, he or she should apply to Commandant for an
equivalency determination, rather than to the OCMI for special
consideration.
Another comment recommended that any special consideration allowed
under this section should be endorsed on the COI. The Coast Guard
agrees that this is necessary for both the owner's and Coast Guard's
information. Section 176.103 has been revised in this SNPRM by
requiring that equivalencies be recorded on the COI.
Section 175.600 Incorporation by Reference
This section of the proposed rules lists industrial and government
standards, that are incorporated into subchapter T by reference, as the
governing requirements for certain subject matters. The standards are
cited within specific sections throughout the subchapter dependent on
the subject matter. Section 175.600 is provided in accordance with
Federal Register procedures and lists all incorporations by reference
throughout the subchapter including an address from which an interested
person could receive a copy of a particular standard. Use of standards
reduces cost to the Coast Guard and industry by decreasing
repetitiveness, and making product specifications common throughout
industry. Use of standards also increases the quality and safety of
products and systems.
One comment stated that the large number of references incorporated
in the NPRM made the proposal too complex and that most owners do not
hold the required references. The Coast Guard disagrees that
incorporating references will make the regulations too complex.
Incorporating by reference actually reduces the volume of necessary
regulations. Most references specify standards which must be complied
with during construction. Therefore, providing the vessel is maintained
as originally constructed, normally only builders need to have copies
of the applicable references. Standard 302 of the National Fire
Protection Association (NFPA) and some American Boat and Yacht Council
(ABYC) projects do contain some operational practices.
The proposed incorporation of the standards listed in Sec. 175.600
[K-Sec. 114.600] complies with the Office of Management and Budget's
Circular 119, ``Federal Participation in the Development and Use of
Voluntary Standards,'' which requires the Coast Guard's participation
in the development and use of voluntary standards. Further information
on the incorporation of standards is contained in a final rule on the
``Incorporation and Adoption of Industry Standards'' (CGD 88-032)
published in the Federal Register on 29 July 1991 (56 FR 35817).
When referring to a specific incorporation by reference in
Sec. 182.130, one comment stated that the date of publication of the
standard should be included. The Coast Guard agrees that it is
important to include the date of publication for any standard being
incorporated by reference. This is necessary since later editions of a
standard may contain changes which the public should have an
opportunity to comment on before being required to comply with the
change. To simplify any necessary future changes, the date of
publication of an incorporated reference is listed in Sec. 175.600,
either as part of the title of the standard (e.g., A 17.1-1984) or
separately, instead of being included in the section where the standard
is specifically referenced.
One comment stated that whenever a standard is referenced to
establish a construction or operational requirement, the standard
should include a definitive test method for determining compliance with
a performance standard. The performance standard would be better than
an installation standard and ensure consistency. The test standard
should come from an organization like the American National Standards
Institute (ANSI). Other than this comment, there was minimal feedback
from industry questioning the adequacy of the standards proposed to be
incorporated. These standards were chosen because of their histories of
successful application, and provide an adequate level of safety while
minimizing hardship to the industry. Many of the standards include or
reference test methods, but some do not. Equipment which is built to
installation or construction standards which do not have specific test
methods is tested after installation, during system tests. No change
was made to the NPRM as a result of this comment.
Several persons had comments on specific standards incorporated by
reference in the proposed Subchapter T in the NPRM or recommended the
incorporation of other standards. The Coast Guard response to such
comments is included in the discussion on the particular section to
which the reference is relevant.
Part 176--Inspection and Certification
Section 176.100 When Required
This section reiterates the provisions of 46 U.S.C. 3311(a) and
3313(a) that a small passenger vessel not be operated without having a
COI and that during the term of the COI a vessel must remain in
compliance with the conditions of the COI. Several comments objected to
this section stating it was too restrictive and would significantly
affect owners. This section cannot be substantially changed since it
reiterates statutory requirements. Section 176.114 would provide relief
to owners who desire to change service and remain certificated.
Proposed Sec. 176.100(b) has been revised to clarify that compliance
with a vessel's COI is only required when passengers are aboard. A
discussion under Sec. 176.114 in this preamble explains the history and
reason for both proposed Secs. 176.100 and 176.114.
One comment stated that the word ``operated'' as used in
Sec. 176.100(a) would generate many problems and that the phrase ``in
navigation'' should be used instead. The Coast Guard disagrees in that
the use of the term ``in navigation'' would indicate that compliance
with the COI would only be required when a vessel is actually underway.
Legislative and regulatory history indicates that Congress did not use
the term ``operated'' to mean only when underway but to include
whenever the vessel is in use. Consistent with this interpretation, for
the purposes of small passenger vessels, the Coast Guard has determined
``operated'' to mean whenever a small passenger vessel is underway or
has passengers on board even if moored or tied up at a dock.
One comment recommended eliminating the reference to a temporary
COI in Sec. 176.100(c) because, especially with the Coast Guard's MSIS
system, there is no need for a temporary COI. The Coast Guard
understands the concern over a temporary COI in that it does not
contain as much information as a regular COI. However, due to the
administrative logistics of issuing a COI, it is often not possible to
issue a complete, regular COI upon successful completion of an
inspection for certification. The law in 46 U.S.C. 3309 specifically
authorizes a temporary COI and House Report No. 98-338 concerning
Public Law 98-89, addresses temporary COIs by stating: ``* * * The
Coast Guard can issue a temporary Certificate of Inspection upon
compliance with the applicable laws or regulations to facilitate the
preparation, processing, and forwarding of the regular COI to the
vessel.'' A temporary certificate does not imply less than satisfactory
compliance.
Section 176.103 Description
Proposed Sec. 176.103, adopted from existing Sec. 176.01-5,
describes the minimum contents of the COI with other sections in
subpart A of part 176, which expand on the required contents. One
comment stated that an effort should be made to reduce COIs to one page
so masters would be more likely to read them. An MSIS generated COI is
designed to contain all the basic information on the first page but
often additional information is necessary to describe the inspection
status of the vessel. Coast Guard experience demonstrates that it is
important to have all the vital inspection information for a vessel on
one document rather than spreading such information over several
documents. The OCMI normally records information on the COI as
concisely as possible. It is the duty of the owner or managing operator
to ensure that masters are familiar with documents such as the COI,
Stability Letter, and Emergency Procedures.
The Coast Guard is proposing to revise Sec. 176.103 by adding, as a
required item on a COI, any equivalencies allowed for the vessel under
Secs. 175.540 and 175.550. This is to help ensure that masters, owners,
and inspectors are aware of the equivalencies.
Section 176.105 How To Obtain or Renew
This section describes how to apply for a COI and the basic
acceptance criteria for issuance of a COI.
One comment stated that this section should be revised to require a
vessel to be inspected in the zone in which it normally operates, at
the discretion of the OCMI. The Coast Guard disagrees that the proposed
restriction is necessary. In modern operations, small passenger vessels
frequently are built in one zone, operate in another, and seek
economical repair facilities in a third. It would be an administrative
burden to the Coast Guard and owners to require inspection in one
certain zone. A primary purpose of this rulemaking is to reduce
inconsistencies among OCMIs. As a result, the advantages of an owner
seeking out specific OCMIs will be minimized. Presently, through the
computerized MSIS, all OCMIs are able to record and track unique
inspection requirements and other problems, as well as whenever a
vessel has applied for an inspection. The MSIS record is checked prior
to inspections, and unusual inspection patterns are noted.
Additionally, some vessels are limited to operations in specific
geographic areas. Coast Guard policy already dictates that when a
vessel is being inspected outside of its normal location, the attending
OCMI contact the other zone to check on unique problems or
requirements. Finally, the person completing the application for
inspection is required to certify on CG Form 3752 (Revised 4-82)
whether a previous application was made for the particular inspection.
One comment stated that a paragraph should be added to this section
reiterating 46 U.S.C. 3309(c), which requires that an owner notify the
OCMI between 30 and 60 days before the current COI expires whether or
not the vessel will be required to be inspected again. This
recommendation has not been adopted since the requirements of 46 U.S.C.
3309(c) are adequately addressed in 46 CFR 2.01-3. In addition, owners
or operators with accurate addresses on file at the offices of the OCMI
which issued their current COI receive a ``reminder'' letter to let
them know the COI is about to expire, asking them to contact the
appropriate OCMI.
Section 176.107 Period of Validity
The Coast Guard proposed in this section to make a COI valid for
three years on all small passenger vessels, except for vessels with
SOLAS certificates. Annual reinspections would be required on all
vessels. Many comments supported this proposal indicating it will
reduce paperwork.
One comment objected to the requirement that the COI of a vessel
which also has a SOLAS certificate shall be valid only for a period of
one year stating that this requirement creates a burden on both the
Coast Guard and the owner. The Coast Guard agrees and is proposing to
eliminate the one year COI provision for vessels with SOLAS
certificates. This elimination should reduce some administrative time
without any decrease in safety. Annual SOLAS surveys and drydockings
will still be required by SOLAS for a vessel with an international
route.
One comment stated the COI interval should be extended to five
years to coincide with other intervals. However, 46 U.S.C. 3307
requires that the interval be a maximum of three years.
One comment complained that requiring completion of an inspection
for certification before the current COI expires results in the
inspection due date constantly advancing (inspection date creep) often
into a busy operational season. The Coast Guard acknowledges that
inspection date creep can be a problem which is best handled on a local
level by the OCMI. Due to the 3 year statutory inspection requirement,
a regulatory change cannot be used to directly address the issue.
Presently, inspection date creep is probably only a significant problem
for vessels of more than 65 feet in length, because of the present 1
year COI expiration date for these vessels. However, the inspection
interval of 3 years proposed for all vessels in this SNPRM will
diminish the problem. The inspection due date would only creep back
every 3 years, as opposed to every year.
Section 176.110 Routes Permitted
Proposed Sec. 176.110 in the NPRM is basically the same as existing
Sec. 176.01-20 and specifies the type and order of severity of routes
which may be endorsed on a COI. Based on a perception of the relative
hazards of these waters, one comment suggested reordering the severity
of routes in paragraphs (a) and (d) to: Great Lakes winter; oceans;
Great Lakes summer; coastwise; lakes, bays, and sounds; and rivers. The
Coast Guard disagrees. For stability purposes, a general coastwise
route is more severe than a Great Lakes summer route. The requirements
proposed in this SNPRM for survival craft and EPIRBs to be carried
aboard small passenger vessels on Great Lakes routes do not support
treating Great Lakes routes as oceans. The section of the regulations
concerning lifesaving equipment is the only section where Great Lakes
requirements are on a par with, or more stringent than, a coastwise
route. The NPRM has not been changed.
One comment stated the safety requirements for vessels with a Great
Lakes route should be no more severe than those for vessels with a
lakes, bays, and sounds route. The comment contended that the NPRM
equates Great Lakes routes with coastwise routes although the listed
order of severity is: oceans; coastwise; Great Lakes; lakes, bays, and
sounds; and rivers. The comment stated that the use of vessels on the
Great Lakes for excursions (dinner cruises and tours for example) and
short ferry runs is more equivalent to lakes, bays, and sounds route
operations because of near shore operation and fair weather, and
because the summer schedule generally avoids Great Lakes winter weather
problems. The comment noted that the proposed stability criteria
designated the Great Lakes route during the summer season as being
partially protected. For stability purposes, a general coastwise route
is more severe than a Great Lakes summer route. For some safety
equipment purposes, the water temperature, geographic location, and
other factors make operating conditions similar enough that the Coast
Guard considers the same safety equipment necessary for coastwise and
Great Lakes routes.
One comment stated that the OCMI should be able to approve an
``oceans'' or ``coastwise'' route for a non-self-propelled vessel,
contrary to paragraph (e) which limits this authority to the
Commandant. The Coast Guard disagrees. Because of the very limited
experience with passenger carrying seagoing barges, the Coast Guard has
not developed specific regulations for such operations. Authorization
for such operations should remain with the Commandant to ensure
consistent application of necessary special provisions.
One comment suggested including Great Lakes with oceans and
coastwise in paragraph (e) of this section, as routes where a non-self-
propelled vessel may operate only with the approval of the Commandant.
The Coast Guard agrees in part. Possible bad weather conditions to
which a barge-type vessel might be exposed warrant consideration of
this comment. A particular concern is that a tug should be able to
maintain control of a passenger barge under all conditions. The Coast
Guard considers this suggestion reasonable for vessels on Great Lakes
winter routes, where control of a barge might be more difficult.
Including Great Lakes routes in this paragraph would allow the
Commandant to approve the routes for all non-self-propelled vessels
which operate on exposed waters. The proposed rule has been changed in
this SNPRM.
One comment suggested not using geographical points as references
for determining routes to help eliminate inconsistencies and noted that
licenses for Masters no longer refer to geographical points. In
general, the Coast Guard advocates not using geographical limits, to
the extent practicable. However, the OCMI should have flexibility to
address special circumstances and the wide variety of routes which
exist. The Coast Guard thinks this proposal would be too rigid. No
change was made to the NPRM.
One comment stated that the geographic experience of the master
should be considered before a vessel is allowed to operate on a route
which is less severe than that endorsed on the COI, as authorized in
paragraph (d). The Coast Guard agrees but finds that the existing
licensing and manning regulations adequately address this concern.
The Coast Guard is proposing to amend paragraphs (a) and (f) of
Sec. 176.110 by emphasizing that the OCMI may impose operational
restrictions on a vessel as well as specify the area of operation,
i.e., its route. OCMIs presently impose such restrictions including
limiting a vessel to daytime operations or prohibiting operations in
certain weather conditions. The OCMI may also impose special
operational restrictions on specific vessels on a case by case basis
such as requiring high speed DSC to participate in vessel traffic
control systems, maintain radar watches, or follow specific procedures
regarding operating in the dynamically supported mode.
Section 176.113 Passengers Permitted
This section in the NPRM contains provisions basically identical to
those contained in existing Sec. 176.01-25, except that areas
specifically prohibited from being used in determining passenger
capacity are included.
Two comments implied that the proposed standards result in
overcrowded and dangerous conditions. Although the standards may
sometimes result in comparably crowded conditions, the Coast Guard has
no evidence that the proposed methods of determining maximum capacity,
which are essentially the same as those contained in existing
Sec. 176.01-25, are unsafe. The OCMI is responsible for determining the
maximum capacity of a vessel. Although the capacity may not exceed the
criteria of proposed Sec. 176.113, the OCMI must also consider the
stability, general arrangement, means of escape, and lifesaving
equipment of a vessel when limiting a vessel's capacity.
One comment stated that on party fishing boats used in cold
weather, the capacity should be based on the area available in heated
spaces. Generally, due to competition and passenger demand, most
vessels used in cold weather will be equipped with adequate shelter
without a need to impose specific requirements. Passengers boarding
small passenger vessels to fish in cold weather should be prepared for
such weather.
One comment stated that the criteria in this section should only be
used to determine the overall maximum passenger capacity of the vessel
and not to specify the maximum capacity of each individual deck. The
comment further stated that stability calculations should be used to
determine limitations on passenger capacity of individual decks, and
that it is difficult and unreasonable to require a master to keep track
of the numbers of passengers on each deck. The Coast Guard partially
agrees. Although different criteria might be used for each deck, the
provisions of Sec. 176.113 are intended to be used to determine the
total vessel capacity. However, stability calculations may additionally
restrict the number of passengers on a vessel or on individual decks.
If the number of passengers permitted on upper decks is limited by
stability calculations, a master must comply with the restrictions of
the stability letter, and signs would have to be posted as proposed in
Sec. 185.602(e) of the SNPRM (Sec. 185.602(d) of the NPRM).
Some comments stated that the regulations should be clarified to
indicate whether more than one criterion may be used to determine
capacity. Several comments stated that the passenger capacity should be
determined based on a combination of all three criterion. The Coast
Guard agrees that the section needs to be clarified to better indicate
when more than one criterion may be used. This section has been revised
in this SNPRM to allow the use of different criteria on each deck and
to also allow the combined use of the seating criterion and the deck
area criterion on an individual deck. The length of rail criterion
cannot be combined on one deck with the other criteria since the rail
criterion is designed to determine the capacity for a complete single
deck and is based on only a single dimension. The other criteria use
square footage or a combination of maximum seat width and aisle sizes.
The Coast Guard is also proposing to revise paragraph (b)(2) of
this section to prohibit using any area that does not have a solid deck
when using the deck area criterion in determining the number of
passengers. The need to include this prohibition was highlighted by an
appeal whereby an owner of a multi-hull vessel believed that he could
allow passengers to occupy the netting area between the hulls when the
vessel is underway. For sound safety reasons, OCMIs have generally
prohibited such a practice.
Section 176.114 Special Endorsement for Carrying Six or Less
Passengers
The regulations proposed in the NPRM authorize the OCMI to permit a
small passenger vessel to operate in accordance with the laws and
regulations applicable to an uninspected vessel, when the small
passenger vessel is carrying six or less passengers, by endorsing the
vessel's COI. Under the NPRM proposal, the vessel would not have to
comply with the route restrictions and manning requirements on the COI
while operating as an ``uninspected vessel'', but the equipment
required to be on the vessel by the COI would have to remain aboard and
inspection due dates would still have to be met.
Paragraph (b) of existing 46 CFR 176.01-1 states that a small
passenger vessel of not more than 65 feet in length ``when carrying not
more than 6 passengers, and when operating as a yacht, commercial
fishing vessel, cargo carrier, etc., will be subject only to the laws,
rules and regulations governing the type of operation in which it
engages.'' This provision allowing a certificated small passenger
vessel of not more than 65 feet in length to operate basically as an
uninspected vessel has been in subchapter T since the regulations were
first promulgated in 1957. This provision appears to have been included
in the regulations to provide a mechanism to allow owners to easily
switch service. For example, an owner could use a boat for commercial
fishing in the winter and for party boat fishing in the summer, which
has been common practice since before small passenger vessels were
first regulated. However, there appears to be no evidence in the
legislative history of the laws affecting small passenger vessels which
supports 46 CFR 176.01-1(b). There have also been several challenges to
existing Sec. 176.01-1(b) due to the requirement of 46 U.S.C. 3313,
which states that a vessel must be in compliance with its COI at all
times.
The Coast Guard recognizes the inconsistencies between 46 U.S.C.
3313(a) and 46 CFR 176.01-1(b) and also recognizes that the statute
requiring compliance with the COI at all times takes precedence.
Because of this longstanding inconsistency, the Coast Guard's present
policy is not to take any enforcement action against the owner/operator
of a small passenger vessel of not more than 65 feet in length carrying
not more than six passengers, which is being operated as if it were an
uninspected vessel, until the existing regulations have been revised.
Proposed Sec. 176.100(b) clearly states that all small passenger
vessels must be in compliance with their COI at all times as required
by 46 U.S.C. 3313(a). However, proposed Sec. 176.114 is intended to
provide a legal alternative to this restriction. Proposed Sec. 176.114
would:
(1) Allow small passenger vessels to remain competitive with
uninspected vessels;
(2) Eliminate unnecessary barriers to safe operations when
passengers are not being carried;
(3) Encourage some owners to operate their vessels as certificated
vessels whereas they might otherwise forego inspected service and
operate in the uninspected passenger vessel service; and
(4) Allow vessels to operate in a manner at least similar to the
way they have operated safely, with few exceptions, since 1957.
Without the proposed provisions of Sec. 176.114, or similar
provisions, the owners of many vessels would be significantly impacted.
Unless a small passenger vessel's COI was surrendered by the owner,
changing berths with no passengers aboard could not legally be done
without fully complying with the required manning on its COI.
Similarly, a vessel moving to another port without passengers, just to
be drydocked, could not do so without having aboard all the lifesaving
equipment required by its COI. Another typical example is a vessel
certificated to carry 12 people on a coastwise route, required under
proposed part 180 to carry inflatable buoyant apparatus. This vessel
would not be able to carry just six passengers on an oceans route more
than 50 miles offshore, because it would be required to have inflatable
liferafts under proposed part 180, even though an uninspected passenger
vessel carrying six passengers, not equipped with any survival craft or
required to meet any inspections standards, could operate on a full
oceans voyage. Many small passenger vessel owners would also suffer a
significant economic loss if they were suddenly prohibited from using
their vessel as an uninspected vessel, such as for commercial fishing.
Some vessels which are presently inspected under subchapter T may
choose to drop certification if they derive more income from
uninspected vessel operations, such as commercial fishing or charter
boat fishing carrying 6 or less passengers.
To operate as an uninspected vessel, a small passenger vessel can
surrender its COI and have it reissued at a later time, or in some
cases an excursion permit could be issued. However, neither of these
options is considered an acceptable alternative on a routine basis as
both options would place a significant administrative burden on the
Coast Guard and owners. Presently, numerous vessels routinely operate
carrying six or less passengers without being in full compliance with
their COI.
Existing Sec. 176.01-1(b) only applies to small passenger vessels
of not more than 65 feet in length. Proposed Sec. 176.114 would apply
to all small passenger vessels less than 100 GT since the reasons to
allow operations comparable to uninspected vessels are applicable to
all vessels regardless of size.
The proposed regulation in the NPRM only indicates that a vessel
could comply ``* * * with the laws and regulations applicable to an
uninspected vessel when the vessel is carrying six or less passengers *
* *''. The proposal also states that ``* * * the vessel must be
maintained and outfitted in compliance with the terms and conditions of
its COI * * *''. The primary intent of the proposal is to allow a small
passenger vessel which is carrying not more than six passengers,
including when carrying no passengers, to operate on a route more
severe than the route allowed when carrying more than six passengers.
However, when operating on the increased route, the owner/operator may
not change the condition of the vessel or the equipment on it. Two
examples are: the electrical system and equipment could not be
modified; and, any lifesaving equipment required based on the route of
the vessel when carrying more than six passengers could not normally be
removed.
To clarify the impact of the proposal, the wording in this SNPRM
has been revised to specifically indicate which subchapter T
regulations an inspected vessel operating in a normally uninspected
vessel service need not comply with, providing the COI is so endorsed
and the vessel meets certain applicable regulations or requirements for
uninspected commercial or recreational vessels operating in the same
service. The regulations which will not be required to be met but which
will be addressed by the endorsement are those which are based on
route, passengers, or a combination thereof, and which are different
for inspected and uninspected vessels. These include those regulations
relating to structural adequacy in subpart C of part 177, stability and
subdivision in parts 178 and 179, lifejackets and survival craft in
part 180, and navigation equipment in part 184. Requirements which must
be met when an inspected vessel is operating in an uninspected service
are those concerning permanent outfitting and design requirements such
as electrical or firefighting equipment, requirements involving good
seamanship which should be applicable to both inspected and uninspected
vessels, and statutory requirements, including those for EPIRBs,
passenger lists, and passenger counts. The proposed endorsement will
indicate the maximum route, number of passengers and maintenance
required for the requested uninspected vessel service contemplated.
Several comments stated that the proposed endorsement is not
necessary because a vessel is not a small passenger vessel unless it is
carrying more than six passengers. Title 46, U.S.C. 2101(35), does
define a small passenger vessel as a vessel of less than 100 gross tons
carrying more than six passengers. However, a review of the statutory
history shows that the intent of the law is that once a small passenger
vessel is issued a COI, it must remain in compliance with the terms of
the certificate even when carrying not more than six passengers.
Concern has been expressed over the potential liability imposed on
the Coast Guard by allowing a small passenger vessel to operate
basically as an uninspected vessel, especially since it appears that
the proposed endorsement contradicts 46 U.S.C. 3313. The revised
Sec. 176.114 in this SNPRM should eliminate most concerns over
liability since it requires the OCMI to consider both route and manning
before issuing the endorsement.
The proposal in the NPRM stated the minimum manning and route
restrictions on the COI need not be complied with when operating under
the proposed endorsement. As noted below, the revised proposal in this
SNPRM would require that the OCMI give specific consideration to the
vessel's manning and route when allowing a vessel to operate beyond the
normal route restrictions on its COI. The revision also states that
equipment required by a vessel's COI for its normal route and service
may not be removed without permission of the OCMI. This is to ensure
that the vessel is properly equipped when operating in its normal
service but allows the OCMI to authorize the temporary removal of such
equipment for such reasons as the periodic servicing of the rafts.
Several comments to the NPRM provided general support for the
proposed endorsement while several others opposed it. One comment
stated that because of the lack of manning restrictions on uninspected
vessels, uninspected passenger vessels have a high risk of casualties
and that manning requirements should be dropped on small passenger
vessels only if there are not any passengers aboard. Another comment
stated that the proposal could be interpreted to mean a licensed
operator would not be required while operating under this endorsement.
Another comment wanted to include a requirement for two crews, when
operating in excess of 12 hours, to reduce fatigue.
The Coast Guard agrees there is room for concern about manning on
small passenger vessels operating as uninspected vessels. Title 46
U.S.C., section 8902 requires that a small passenger vessel be operated
by an individual licensed to operate that type of vessel in the
particular geographic area. No provision is included in the statute for
those times when a small passenger vessel is providing what would
otherwise be an uninspected vessel service. Therefore, proposed
Sec. 176.114 is revised in this SNPRM to require the OCMI to specify
the minimum manning when issuing the proposed endorsement. Due to the
requirements of 46 U.S.C. 8902, a vessel operating under the
endorsement must be manned with at least one licensed master. When
specifying the actual manning for such an endorsement, the OCMI must
consider factors such as the number of passengers on board, if any,
duration of voyages under the endorsement, and vessel size. If
Sec. 176.114 is adopted in the final rule, the Coast Guard intends to
include sample manning scales and endorsements in the MSM as guidance
to OCMIs.
An OCMI must presently determine if a vessel meets minimum
structural and intact stability requirements for a vessel's intended
normal route before issuing a COI for that route. Under the revised
proposal in this SNPRM, the OCMI must also consider the structural
safety, stability, and seaworthiness of a vessel for the extended route
it might be authorized to operate on under the endorsement proposed by
Sec. 176.114. A small passenger vessel under 20 feet in overall length,
which is operating as a recreational boat, or an uninspected vessel
carrying six or fewer passengers, must comply with either: (1) The
structural and stability requirements of subchapter T, or; (2) the
standards applicable to recreational boats in 33 CFR part 183. A small
passenger vessel which is being used as a commercial fishing vessel
when it is not carrying passengers would have to meet the stability
requirements applicable to commercial fishing vessels. A final rule
containing stability criteria for fishing vessels of 79 feet or greater
in length was published in the Federal Register August 14, 1991 (56 FR
40364). An SNPRM proposing stability requirements for fishing vessels
of less than 79 feet was published in the Federal Register on October
27, 1992 (57 FR 48670). Owners of other vessels would have to establish
to the satisfaction of the OCMI that they are safe for the intended
route, considering the reduced number or absence of passengers and the
actual service of the vessel when operating under the endorsement. This
could be established by: (1) Voluntary compliance with the subchapter T
requirements; (2) voluntary compliance with the requirements for
recreational or fishing vessels; (3) evidence of past satisfactory
service; or, (4) other evidence that the design and construction of the
vessel is satisfactory for the intended route.
One comment stated that the OCMI should automatically place the
endorsement on a COI. The Coast Guard disagrees. By requiring an owner
to request the endorsement, the Coast Guard can better ensure that the
owner is aware of the implications of the endorsement and the
applicable uninspected vessel requirements in 46 CFR subchapter C or
recreational boat requirements in 33 CFR subchapter S.
Several comments stated that passengers should be informed when a
vessel is operating under the provisions of the proposed endorsement.
The Coast Guard agrees and Sec. 185.506(a)(10) in the NPRM (renumbered
as (a)(9) in this SNPRM) would require that a verbal announcement be
made. The requirement for the announcement is also contained in revised
proposed Sec. 176.114. Some comments stated the COI and COI Expiration
Sticker should also be removed. Removing the COI and Expiration Sticker
are unnecessary because the COI remains valid. The proposed endorsement
only alters the normal conditions of the COI for when the vessel is
carrying six or less passengers.
One comment stated the endorsement to be placed on the COI should
be specified in the regulations. The Coast Guard disagrees because the
differences in factors such as route, passengers carried, and type of
service, will result in a need for flexibility in issuing such
endorsements. Therefore, the actual wording of specific endorsements is
not included in this proposal but the proposal states the endorsement
must note the maximum route, passengers (if any), and manning required
to operate under the provisions of Sec. 176.114. If the proposal is
adopted, the Coast Guard intends to develop recommended guidance for
OCMIs to use in issuing such endorsements. An example of an endorsement
for a vessel normally certified for a coastwise route carrying not more
than 49 passengers with one master and one deckhand is: ``Under the
provisions of 46 CFR 176.114, this vessel may be operated on an oceans
route carrying not more than six passengers with a reduced manning of 1
licensed master.''
One comment stated the proposal in the NPRM contradicts 46 U.S.C.
3313. Although 46 U.S.C. 3313 does require a vessel to comply with its
COI at all times, 46 U.S.C. 3306 authorizes the Coast Guard to
establish regulations on the design, construction, and equipment for
small passenger vessels. For a vessel which would be operating under
the endorsement proposed in this SNPRM, the regulatory requirements
would be reduced in consideration of the reduced number or absence of
passengers. The proposed endorsement would also promote a safer
situation by allowing the use of an inspected vessel in a service that
does not require a vessel to be inspected at all. Prohibition of small
passenger vessels from operating as basically uninspected vessels when
carrying less than six passengers would cause many owners to drop the
certification of their vessels, creating a potentially less safe
situation.
Section 176.202 Permit To Proceed
This section was based on the provisions of 46 U.S.C. 3313(b)(2)
and existing 46 CFR 176.01-27. The wording has been changed to more
accurately reflect the wording of 46 U.S.C. 3313(b)(2).
Two comments believed that the rule is too restrictive and that the
Coast Guard should not be concerned with the vessel's movement when
passengers are not aboard. The Coast Guard disagrees. As discussed
under Sec. 176.114 in this preamble, the law requires that a vessel be
in compliance with its COI at all times. Therefore, even if there are
no passengers aboard a small passenger vessel, a vessel must remain in
compliance with subchapter T. The Permit to Proceed basically serves as
a substitute for the regular COI allowing a vessel to legally proceed
even though it may not be in its normally required condition. The OCMI
will normally return the regular COI, or issue a new COI if necessary,
upon completion of necessary repairs.
Section 176.202(b) in the NPRM states that a Permit to Proceed may
only be issued after the COI is surrendered. The Coast Guard is
proposing to revise this to state the permit shall be issued only after
the OCMI has withdrawn the COI from the vessel. The word ``surrender''
indicates a permanent giving up of the COI whereas the intent is that
the OCMI will only temporarily withdraw the COI and replace it with a
Permit to Proceed. When an owner voluntarily surrenders a vessel's COI
and removes the vessel from passenger carrying service, a full
inspection for certification must normally be conducted in order for a
new COI to be issued. Under these circumstances a Permit to Proceed
will not be issued to the vessel since it is no longer considered an
inspected vessel.
Paragraph (c) of the NPRM states that passengers may not be carried
when a vessel is operated under a Permit to Proceed. Neither the law
nor the existing regulation contain such a specific prohibition. The
OCMI must evaluate each vessel on a case-by-case basis to determine
whether it remains safe to carry passengers while operating under a
Permit to Proceed. This section of the SNPRM has been revised to let
the OCMI determine whether or not the vessel is safe to carry
passengers while operating under a Permit to Proceed.
Section 176.204 Permit to Carry Excursion Party
Adopted from existing Sec. 176.01-30, this section would authorize
an OCMI to allow a vessel to carry extra passengers or operate beyond
the route on its COI. One comment requested to know if the statement in
the proposed section that ``The permit acts as a temporary one-time
supplement to the vessel's COI* * *'' means that an excursion permit
may be issued only once during the term of a COI. The intent of the
excursion permit, which is authorized by 46 U.S.C. 2113, is to allow a
vessel to carry more passengers than normally allowed by its COI or to
operate outside the route permitted by its COI for a limited time in
order to participate in special events such as regattas, to serve as a
viewing platform for races, or otherwise provide passenger service for
or due to an event that does not occur on a frequent basis and which
will last for only a limited time. A vessel could be issued an
excursion permit more than once during the term of its COI, but an
individual permit may only be issued for a limited time and may not be
used as a device to circumvent normal inspection requirements. Prior to
issuing an excursion permit, the OCMI must consider whether there are
other inspected vessels already available to adequately provide the
services for which the permit is being requested and whether it would
be economically feasible for the vessel to routinely meet all the
inspection requirements for the passenger capacity and route for which
the excursion permit is being requested. The wording proposed in the
NPRM has been changed to show that an excursion permit is of ``limited
duration'' rather than a ``one time-supplement.''
Three comments recommended that excursion permits not be issued
which would allow vessels to circumvent stability restrictions and
structural fire protection requirements imposed by subchapter T. They
also recommended that the existing restrictions on the issuance of
excursion permits in the MSM concerning stability, capacity, and fire
protection be incorporated into regulation. The Coast Guard agrees.
Volume II, section 10.B, of the MSM presently states that:
1. The OCMI shall not waive the applicable minimum stability and
fire safety standards when issuing an excursion permit;
2. The number of passengers normally permitted on an excursion
vessel shall be governed by 46 CFR 176.01-25; and
3. Vessels that do not comply with the structural fire protection
requirements of 46 CFR 177.10-5 shall not carry more than 150
passengers.
The Coast Guard is proposing to incorporate these restrictions in
this SNPRM.
Subpart C--Posting of Certificates, Permits and Stability Letters
The regulations proposed in the NPRM mirrored the existing
regulations in requiring the posting of certificates, permits, and
stability letters. In order to comply with the Paperwork Reduction Act
of 1980, which requires federal agencies to seek ways to reduce
regulatory paperwork burdens placed on individuals and other entities,
the Coast Guard reviewed the posting requirements of this subpart and
is revising two of its posting requirements. The Coast Guard is
proposing to delete the requirement to post a Permit to Proceed, Form
CG-948, and a Permit to Carry Excursion Parties, Form CG-949. The
Permit to Proceed serves as a substitute for the COI after the OCMI
determines that a major deficiency requires immediate repairs. The
permit is intended to be valid only until a vessel reaches the port
where repairs will be conducted. The Coast Guard has determined that
just carrying a permit in a readily available location is sufficient
and less burdensome than requiring posting. Likewise, a Permit to Carry
Excursion Party may modify the route, operating conditions, or required
emergency equipment, and is also intended to be valid for a short
period. Posting is not considered necessary. Section 176.302 has
therefore been revised by deleting the requirement for the posting of a
Permit to Proceed or an Excursion Permit. Permits which are posted
would be considered readily available.
Consideration was also given to deleting the requirement to post a
stability letter. However, due to the type of operations and the
frequent crew turnover on small passenger vessels, the Coast Guard's
position is that stability letters, when issued to small passenger
vessels, should be posted to better ensure the vessel's officers are
aware of its contents.
One comment stated that all pages of a stability letter should be
clearly visible. The Coast Guard agrees. All pages of a vessel's
stability letter contain vital information which, if not visible, may
not be read by the operator. Because it also contains important
information, the vessel's COI is required to be posted by law. The
Coast Guard has revised Secs. 176.302 and 176.306 to require that all
pages of a COI or stability letter be clearly visible. It is the owner
or managing operator's responsibility to ensure that the master has
read and understands the provisions and limitations in these documents.
Section 176.402 Initial Inspection for Certification
Paragraph (a) of this section in the NPRM states that the plans
required by part 177 must be submitted prior to starting construction
or prior to the initiation of the initial inspection of an existing
vessel being converted to a small passenger vessel. One comment stated
that to require the submission of plans before the inspection is too
restrictive. In most cases the required plans should be submitted prior
to the inspection. Experience has shown that the initiation of an
inspection before plans are submitted and approved often results in a
wasteful use of the Coast Guard, owners', and builders' time. During
initial and new construction inspections, vessels are often found to be
in non-compliance with requirements. Initial plan review may detect
non-compliance before a vessel is built or inspected. However, the
Coast Guard does agree that there are instances where the delay of the
submission of plans may be necessary or beneficial. Paragraph (a) has
therefore been revised so that the OCMI may allow a delay in plan
submittal. Owners and builders should realize that any construction or
changes made prior to actual plan approval is at their risk.
Another comment stated that plans should not only be submitted but
approved prior to initiation of an inspection. The Coast Guard agrees
that, ideally, plans should be approved prior to initiation of an
inspection. Lack of approved plans will often hinder an inspector from
conducting an adequate inspection and result in delays. However, due to
workload and limited personnel resources, there is often a delay
between submittal and when the staff of the OCMI or the Marine Safety
Center can review a plan. Requiring plan approval before inspection
would, in many cases, place an undue burden on an owner. Therefore, the
Coast Guard does not intend to normally require plan approval before
initiation of an inspection. However, neither an initial inspection
will be completed nor will a vessel be certificated without approved
plans and the vessel found to be constructed in accordance with those
plans. Additionally, certain aspects of an inspection may not be able
to be initiated until certain plans have been approved. No change was
made to the NPRM.
Paragraph (c) of proposed Sec. 176.402 states that the owner shall
ensure that a vessel complies with applicable laws and regulations. One
comment stated that the owner should only be required to ensure
compliance ``as far as can be reasonably determined.'' The Coast Guard
disagrees. The owner has a responsibility to comply with all
requirements and to make the vessel safe for its intended route and
service. The addition of this type of caveat would diminish the
responsibility of the owner to comply.
Section 176.404 Subsequent Inspections for Certification
This section of the NPRM states the inspection requirements for
renewal of a COI and directs the owner to conduct all tests as required
by the marine inspector. One comment suggested that the inspector
should only require those tests specified by Subchapter T. The
intention of this section is to require those tests and drills listed
in subpart H of part 176. However, the OCMI and the inspector are
specifically allowed to use their judgment in directing the owner to
perform other tests, inspections, and drills. This section has been
revised to specifically include drills in the wording.
One comment stated this section should be revised to require that,
once an application for inspection is received and an inspection is
begun, the existing COI should be void. The Coast Guard disagrees.
Under some circumstances, inspections for certification can take 2 to 4
weeks to complete. In these situations, important lifesaving and
firefighting equipment is usually examined on the first visit. If a COI
has not yet expired when an inspection begins and the vessel does not
have any discrepancies which would invalidate the COI or make the
vessel unsafe, the COI should not be considered void. Once an
inspection begins, the COI for a vessel is sometimes removed but this
is not necessary in all cases. Often a requirement is issued by the
inspector which restricts the route or conditions of operation because
of equipment which is missing or expired. Under the restrictions the
vessel can still operate safely. No changes have been made to the NPRM.
Subpart E--Reinspection
Section 176.500 When Required
This section requires that the owner or managing operator make the
vessel available for annual reinspections within 60 days of the
anniversary date of the COI and that the OCMI be contacted to arrange
for the reinspections. One comment stated that an annual deck
inspection is too frequent, but that an inspection every three years is
not enough. The comment recommended a biennial inspection for
certification. The Coast Guard disagrees. Presently all small passenger
vessels, depending upon their length, undergo either an annual
inspection for certification or an annual reinspection. The reasons for
proposing a thorough inspection for certification for all small
passenger vessels every three years are to comply with the intent of
Public Law 96-378, as presently codified in 46 U.S.C. 3307, to provide
more uniform requirements for all small passenger vessels, and to
decrease the administrative burden on both the industry and the Coast
Guard. The Coast Guard has concluded that a reinspection should be
conducted on all small passenger vessels at least annually due to the
rigorous use of most vessels.
One comment stated that because a small passenger vessel may be
laid up for long periods, it should be reinspected if it has not
carried passengers for a period exceeding 120 days. The Coast Guard
does not agree that such a specific requirement is necessary. In
addition to the annual reinspection, paragraph (b) of this proposed
section gives the OCMI authority to require a reinspection whenever it
is determined that one is necessary, which could include the situation
where a vessel has been laid up for a long period. No revisions were
made to the NPRM.
Section 176.502 Scope
This section of the NPRM states that the scope of a reinspection is
the same as an inspection for certification but in less detail. Two
comments believed that paragraph (b) of this section limited the extent
of a reinspection which a marine inspector could conduct. Paragraph (a)
of this section already states the extent of a reinspection is the same
as an inspection for certification, ``but in less detail * * *''. Other
sections in subchapter T already cite the inspection authority of a
reinspection. The MSM details the normal manner in which a reinspection
should be carried out. In this SNPRM the Coast Guard is proposing to
delete paragraph (b).
Section 176.600 Drydock and Internal Structural Examination Intervals
This section in the NPRM proposed to increase the intervals between
drydock exams. Several persons specifically approved of the general
increase in intervals. Others had some specific concerns. Two comments
stated that the drydock interval should actually be decreased to 12
months citing two casualties which may have been prevented, the COMET
and the JOAN LA RIE III. The Coast Guard disagrees and believes that a
two year drydock interval is adequate for most vessels. As noted in the
NPRM, when the COMET sank it did not have a valid COI. If it had been
under certification, any inadequacies in the hull, which may have
caused its sinking, would probably have been discovered during routine
inspections and drydock examinations. There is no evidence that the
JOAN LA RIE III casualty was caused by inadequacies which could have
been discovered only during a drydock exam. Section 176.802 provides
for the inspection of all accessible parts of the exterior and interior
of hulls during all inspections and reinspections. Such inspections
should normally allow the OCMI to determine if the hull is in
satisfactory condition. If, during inspection or reinspection, it is
determined that the hull may not be in satisfactory condition, the OCMI
has the authority under Sec. 176.600 (K Sec. 115.600) to require a
special drydock examination to verify the condition of the hull.
Underway tests may be required during the inspection or reinspection
that would also help prove the integrity of the hull.
One comment requested that the drydock interval be extended to
three years, while another recommended that the interval should be made
the same as passenger vessels under 46 CFR subchapter H, i.e., two
drydockings every five years but not more than 3 years between
drydockings. The Coast Guard disagrees, believing that there is
insufficient information available to adequately determine whether
drydock examination intervals can be safely extended to three years for
small passenger vessels. If the proposed two year period is adopted,
and there is sufficient data accumulated on the condition of the
underwater body of vessels using the two year examination interval, the
Coast Guard may review the issue and consider further interval
extensions.
One comment stated that underwater surveys should be allowed in
lieu of drydockings especially in areas where there are no drydock
facilities. Due to the level of safety to which vessels carrying
passengers should be held, the Coast Guard's position is that the
drydock exam of small passenger vessels should not normally be waived
or the exam interval extended. However, the Coast Guard realizes that
special circumstances may necessitate extensions on a case-by-case
basis. Proposed Sec. 176.670 would authorize the extension of the
drydock interval for extenuating circumstances. Equivalencies to
drydock exams, such as underwater surveys, could also be accepted in
unusual cases under the provisions of Secs. 175.540 or 175.550. In
extending drydocking intervals from 18 months to 2 years the Coast
Guard took into account disruptions in operating schedules. A 2 year
interval allows drydockings at the same time of year without alternate
year interruptions.
One comment suggested that the use of the word ``operates'' in
paragraphs (c)(1) and (c)(2) of the NPRM may allow some owners to
circumvent a required drydocking by taking a vessel ``out of service''
and not operating it. The intent of paragraph (c) is to establish
differing drydock exam intervals based on the amount of time the
underwater body of a vessel is exposed to salt water. If an owner
temporarily takes a vessel out of service while its COI is still valid,
the drydock intervals of this section remain valid. To clarify this,
the Coast Guard has revised proposed paragraph (c) by changing the
words ``that operates in salt water'' to ``which is exposed to salt
water.''
Paragraph (d) of this section would decrease the drydock interval
of wooden hull vessels operating in fresh water from 5 years to 2
years. One comment objected to the decreased interval stating that
wooden vessels operating on inland routes are not exposed to the
hogging and sagging experienced by vessels on oceans routes. The Coast
Guard disagrees and has retained the two year interval in this SNPRM.
There is evidence that fresh water accelerates the deterioration of
wood due to rot, and wooden vessels in fresh water should be drydocked
at shorter intervals than metal hull vessels. Although it is true that
inland vessels are not exposed to hogging and sagging as severe as that
to which a seagoing vessel is exposed, it is also true that they are
allowed to be built to reduced scantlings as compared to seagoing
vessels.
As a result of the casualty analysis discussed under part 180,
subpart E of this preamble, the Coast Guard has determined that wooden
vessels over 20 years old are more at risk from hull and through hull
fitting failures than other categories of vessels. The Coast Guard is
proposing in this SNPRM that wooden vessels over 20 years old be
drydocked every year.
Paragraph (e) of this section authorizes the OCMI to conduct an
internal structural examination or a drydocking when damage or
deterioration to hull plating or structural members is discovered. One
comment stated that this authorization should be extended to include
when a grounding occurs. The intent of this section is to allow the
OCMI to satisfactorily examine the vessel whenever damage or
deterioration is suspected. Paragraph (e) is revised in this SNPRM to
reflect this intent.
One comment requested that paragraph (g) be revised to indicate
that credit may be given whenever a vessel is drydocked and examined by
a marine inspector in excess of the minimal intervals required by this
section. The Coast Guard agrees that credit should be given whenever a
satisfactory examination is conducted and believes that this is already
indicated by the use of the words ``at least'' before the specified
intervals.
Paragraph (f) of this section allows a vessel on a foreign voyage
which becomes due for a drydock examination during the voyage to
complete the voyage before drydocking. One comment questioned the need
for this clause. This paragraph is based on Chapter I, Regulation 14,
of SOLAS which allows such a delay for vessels which are on
international voyages and have valid SOLAS certificates. For clarity,
Sec. 176.600(f) (K Sec. 115.600(e)) has been changed in this SNPRM to
apply to a vessel on an ``international voyage.''
One comment wanted a 30 day grace period for the drydock due date
to allow for scheduling. The Coast Guard disagrees. The NPRM already
increases the drydock exam interval. Allowing such a grace period would
further extend the interval. Owners should arrange drydockings
sufficiently in advance to avoid exceeding due dates. If unforeseen
problems arise, an extension may be requested under Sec. 176.670.
Section 176.610 Scope of Drydock and Internal Structural Examinations
This section describes what is inspected during a drydock
examination. One comment recommended that the section be revised to
include a specific statement that fasteners for wooden vessels may be
required to be pulled for examination. The Coast Guard concurs and
consequently has incorporated this existing policy into this section.
Section 176.612 Notice and Plans Required
Paragraph (a) of this section in the NPRM requires that the OCMI be
notified whenever the owner intends to drydock a vessel in order to
make ``major repairs or alterations affecting the safety or
seaworthiness of a vessel.'' One comment stated, ``major repairs or
alterations'' should be defined. The Coast Guard acknowledges that the
term ``major repairs or alterations'' is subject to inconsistent
interpretation and has revised the paragraph to indicate the type of
drydock hull repair which would require an owner to notify the OCMI.
Paragraph (b) of this section requires that whenever a vessel is
drydocked only for the purpose of minor repairs or maintenance, no
report need be made to the OCMI. Two comments stated that the OCMI
should be notified so he can determine whether or not the repairs are
minor. The Coast Guard agrees that whenever damage repairs are made the
OCMI should be notified and is revising paragraph (b) by deleting the
words ``minor repairs.'' Other vessel inspection subchapters also
require that an owner notify the OCMI whenever a vessel is to be
drydocked. Because of the comparative ease of drydocking many small
passenger vessels, many owners pull their vessels out of the water for
routine maintenance in excess of the required drydocking intervals. The
Coast Guard does not deem notification necessary for routine
maintenance work.
Section 176.670 Extension of Examination Intervals
This section proposes that the Commandant authorize extensions of
the required drydock examination interval. Existing Sec. 176.15-1(a)
also authorizes the Commandant to grant extensions. As noted in the
MSM, Commandant (G-MVI) has delegated to OCMIs the authority to extend
drydock examinations for up to one year. Two comments stated that OCMIs
should keep their authority to grant extensions, whereas one comment
believes Commandant (G-MVI) should retain extension authority to ensure
consistent application. To minimize the administrative burden, the
Coast Guard has revised this section of this SNPRM by specifically
stating that the Commandant may delegate authority to grant extensions
to OCMIs. The Coast Guard expects that with the increase in drydock
examination intervals, the need for and length of extensions will
decrease. To ensure better consistency among inspection zones, the MSM
will be revised to include more specific guidance on when extensions
may be considered.
Section 176.700 Permission for Repairs and Alterations
This section of the NPRM states that repairs or alterations to
machinery which affects the safety of the vessel may not be made
without the approval of the OCMI, and lists examples. One comment
stated that ``* * * overhaul, disassembly, or repair or alterations to
mechanical systems not limited to the main engines, transmissions,
generators, steering gear, pumps and hydraulic systems * * *'' should
be added to the list of examples. The Coast Guard disagrees. The
intention of this section is that the OCMI be made aware of any damage,
repairs, alterations to, or replacements of (other than replacements in
kind), the vessel's hull or essential equipment. It is not intended
that the OCMI be notified of normal maintenance work on small passenger
vessels such as engine overhauls or replacement with like material due
to normal wear and tear. Section 176.700 has been revised in this SNPRM
to clarify the intent of this section.
Section 176.710 Inspection and Testing for Gas Hazards
This section states that NFPA publication 306, ``Control of Gas
Hazards on Vessels,'' (NFPA 306) should be used as a guide to ensure
that confined spaces are suitable for entering and that before
performing hot work on fuel tanks and related appurtenances a marine
chemist must certify that it is safe to conduct such work. Sections
similar to Sec. 176.710 are presently in other vessel inspection
subchapters, except that the other subchapters specifically state that
NFPA 306 must be used as a guide in conducting required inspections
prior to hot work, and they do not specifically address using it for
confined space entry.
Three comments recommended changes to Sec. 176.710 including the
adoption of Occupational Safety and Health Standards for Shipyard
Employment in 29 CFR 1915 for use prior to hot work and confined space
entry. Because of the similarities regarding hot work and confined
space entry on most vessels, incorporating the standards in 29 CFR into
small passenger vessel regulations would involve safety and policy
issues which affect other inspected vessels. Consideration will be
given to such changes in the future. The Coast Guard is revising
Sec. 176.710 in this SNPRM to read similarly to corresponding existing
sections in other vessel inspection subchapters.
Subpart H--Material Inspections
This subpart lists the material inspections and tests which an
owner must be prepared for and which will normally be conducted during
an inspection. One comment stated that ``and reinspection'' should be
added to the phrase ``At each initial inspection and subsequent
inspection for certification * * *'' used throughout the subpart since
the listed inspections and tests should be done annually with the same
scope each time. The Coast Guard's position is that Sec. 176.502
adequately discusses conducting a reinspection.
One comment stated that, unlike existing Sec. 176.25-25(a), under
Sec. 176.810 the inspector would no longer examine and test fire
extinguishing systems and would therefore rely on the statements of the
owner. The comment stated that such a situation could leave too much to
interpretation. In fact, sections in existing part 176, subpart 176.25,
Material Inspections, start out ``* * * the marine inspector shall
examine and test * * *''. The corresponding sections in proposed part
176, subpart H of the NPRM were intentionally changed to read: ``* * *
the owner or managing operator shall be prepared to conduct tests and
have the vessel ready for inspections of * * *''. The change was made
to emphasize that the burden is on the owner to have the vessel in
satisfactory condition and to conduct satisfactory tests. Section
176.404 of the NPRM also points this out, stating: ``The owner or
managing operator shall conduct all tests as required by the marine
inspector, and make the vessel available for all specific inspections
required by subpart H * * *''. Subpart H lists the specific tests and
inspections which will normally be conducted by the owner and witnessed
by the marine inspector during an inspection. Some tests may not need
to be witnessed by a marine inspector, such as portable fire
extinguisher servicing under Sec. 176.810(b). The rule proposed in the
NPRM has not been changed.
Historically, the Coast Guard has approached commercial vessel
safety by inspection of vessels and casualty investigations which
looked for mechanical breakdown or equipment problems. The Coast Guard
looked less closely at human factors and management elements, including
vessel and equipment maintenance, training and certification of
personnel, and management of vessel and company operations, which might
lead to a better understanding of the root causes of casualties.
The Coast Guard has begun to focus efforts on the human and
management roles in marine safety. IMO Resolution A-465, ``Management
Guidelines for Safe Ship Operation and Pollution Prevention,'' outlines
management's role in casualty avoidance. It was described and its use
encouraged in NVIC 1-90. The public expects and the Coast Guard demands
that all vessels should be maintained to the highest safety standards,
crewed with personnel trained and qualified to do their jobs in a
professional manner, and managed proactively and effectively. What this
ultimately means is that owners and operators must assume more of the
responsibility for safe operation of their vessels.
Section 176.802 Hull
Paragraphs (b) and (c) of this section state that a vessel must be
afloat for that portion of an inspection required by the inspector and
that, when required by the inspector, a portion of the inspection must
be conducted while underway. One comment stated that the phrase
``required by the marine inspector'' should be removed to avoid
inconsistencies. The Coast Guard disagrees. A primary purpose of this
revision is to reduce inconsistencies among inspection zones primarily
with regard to design, construction, and outfitting requirements.
However, there are many variables during subsequent inspections, such
as the age and condition of a vessel, which necessitate that the
inspector be afforded some discretion regarding the extent of the
inspection. Existing Coast Guard policy, when possible, is to conduct a
portion of the inspection for certification on wooden hull vessels
while the vessel is underway.
Section 176.804 Machinery
This section describes machinery and equipment testing and
inspection during initial and subsequent inspections for certification
of a vessel. One comment stated that the operational testing of valves
in bulkheads and through hull fittings, required by paragraph (g),
should be done during a drydock exam. The Coast Guard disagrees.
Through hull fittings and valves are thoroughly inspected during each
drydock exam. This section calls for an operational test of these
valves to ensure proper working order.
With reference to paragraph (h), one comment stated that the bilge
pump should not be allowed to pump bilges when also being used for a
fire pump, and that separate pumps are needed. The Coast Guard agrees a
single pump should not be used to pump bilges and charge the fire main
simultaneously. This would probably lead to oily water being introduced
into the fire main, which could be dangerous, and produce low or no
fire main pressure, depending on the piping arrangement. In fact,
Secs. 182.520(i) (2) and (3) of this subchapter would not allow this
arrangement. Section 182.520(i)(2) indicates that two pumps are
required for simultaneous pressurization of the fire main and operation
of the bilge pump system. Section 182.520(i)(3) requires the
interconnected fire and bilge systems to be capable of being isolated
so that they can be operated simultaneously, using separate pumps. The
last three lines of Sec. 176.804(h) in the NPRM have been deleted.
Section 176.810 Fire Protection
Three comments suggested deleting paragraph (a)(5), which states
that cylinders have to be tested and inspected in accordance with part
147, Sec. 147.60. This requirement emphasizes that cylinders for
compressed gases must be constructed, production tested, and marked in
accordance with the applicable DOT cylinder specifications in Title 49
of the CFR. No change was made to the NPRM.
Three other comments suggested deleting the reference to part 147,
Sec. 147.65 in paragraph (a)(6), and recommended the inclusion of the
actual requirements. The Coast Guard considered this suggestion, but is
retaining the reference to Sec. 147.65 because it includes hydrostatic
test requirements for flexible connections and discharge hoses, as well
as cylinders. Retaining this reference reduces the amount of text for
this section. No change was made to the NPRM.
A number of comments were received addressing the requirements of
the tables in paragraph (b) for inspection, maintenance, and periodic
testing of portable fire extinguishers. Some comments requested
deletion of Table 176.810(b)(1) which specifies the testing of portable
fire extinguishers, and recommended referencing the maintenance
requirements of NFPA Standard 10, ``Portable Fire Extinguishers'' (NFPA
10). Maintenance of portable fire extinguishers in accordance with NFPA
10 is consistent with extinguisher industry and independent testing
laboratory practice. All Coast Guard approved extinguishers and all
shoreside extinguishers, other than household extinguishers, have a
statement on their labels that the extinguisher is to be maintained in
accordance with NFPA 10. As a result, Coast Guard inspectors are using
NFPA 10 as the standard guide and reference for inspection and
maintenance of portable fire extinguishers. A review of the applicable
sections of NFPA 10 reveals the following extinguisher servicing
philosophy:
1. Monthly inspections or ``quick checks'' of the portable fire
extinguishers by vessel operator.
2. Annual servicing by trained persons, using the appropriate
extinguisher manufacturer's servicing manuals, the proper types of
tools, recharge materials, lubricants, and the manufacturer's
recommended replacement parts.
3. For certain types of fire extinguishers, emptying the
extinguishers every six years by trained persons and conducting
specific maintenance procedures.
4. Conducting periodic hydrostatic pressure tests of rechargeable
extinguishers with the frequency as detailed in NFPA 10. This testing
must be conducted by persons trained in pressure testing procedures and
safeguards, and having available suitable testing equipment,
facilities, and appropriate servicing manual(s). If the servicing of
DOT cylinders is required, the servicing organization must be certified
by DOT in accordance with the applicable DOT regulations.
After reviewing the comments received on inspecting and maintaining
portable fire extinguishers, the Coast Guard agrees that portable fire
extinguishers should be inspected and maintained in accordance with
NFPA 10. Table 176.810(b)(1) has been deleted in this SNPRM and
paragraph (b) has been revised. New Table 176.810(b) addresses the
inspection and testing of semi-portable extinguishers as well as
portable extinguishers and fixed systems.
One comment questioned whether it was necessary to service dry
chemical fire extinguishers annually. NFPA 10 requires such servicing,
although this does not mean ``recharging'' as the comment implied. The
comment may have misunderstood the term ``servicing'' to mean
``recharging,'' rather than just the maintenance procedure specified by
NFPA 10 for dry chemical fire extinguishers.
One comment requested clarification about who is authorized to
service fire extinguishers. One comment stated that maintenance should
only be performed by professional servicing organizations, since vessel
owner/operators are not qualified to service extinguishers. One comment
suggested that the vessel's master should be designated as one of the
persons authorized to conduct extinguisher servicing. The Coast Guard
agrees, in principle, that the maintenance of currently approved
extinguishers can be hazardous because it involves pressurized
cylinders and requires trained personnel having specialized equipment.
Being the master of a vessel does not automatically qualify someone to
service fire extinguishers, nor does it prohibit trained or experienced
masters or crewmembers from doing so. Unless vessel personnel have been
specifically trained and have the necessary equipment, manufacturer's
servicing manuals, and recommended replacement parts, maintenance of
extinguishers is best conducted by a professional servicing
organization. Most recharging and hydrostatic testing will have to be
done at the facility of a professional servicing organization. No
change has been made to the NPRM.
Section 176.812 Pressure Vessels and Boilers
Existing requirements in Secs. 176.25-30 and 176.25-32 give
specific requirements for pressure vessels, including a requirement for
internal examinations of most pressure vessels every 3 years. Boilers
are required to undergo the tests and examinations in part 61 of
subchapter F. The requirements proposed in the NPRM simply referred to
the inspection and testing requirements of part 61, subpart 61.10 for
pressure vessels and part 61, subpart 61.05 for boilers. Five comments
pointed out that this was confusing because subpart 61.10 refers to
biennial (once every 2 years) internal examinations for pressure
vessels, instead of the existing triennial (once every 3 years)
requirement. Several questioned why 3 year intervals were good enough
for small passenger vessels, but only 2 year intervals were allowed on
other types of vessels. Some comments wanted to know why the intervals
were being reduced. One comment thought the proposal was good, because
the pressure vessel test and examination requirements should be the
same for all vessels.
The present subchapter F requirement for biennial internal
examination of pressure vessels on most types of vessel exists, in
part, in order to be in alignment with their inspection for
certification and drydocking intervals, both of which were 2 years
before 1987. In 1987 the drydocking interval for most vessels was
changed to be two drydockings in any five year period, with no more
than 3 years between any two examinations. Because it may be more
appropriate to inspect and test most machinery on larger vessels at the
time of drydocking, the Coast Guard is proposing to extend the pressure
vessel internal examination interval under a project entitled
``Incorporation of Amendments to the International Convention for
Safety of Life at Sea, 1974'' (CGD 83-043). An NPRM was published in
the Federal Register 28 September 1990. A final rule will be published
at a later date.
Under the existing regulations, a triennial internal examination of
pressure vessels is convenient for most small passenger vessels because
it lines up with annual and triennial inspections for certification,
and 18 and 36 month drydocking intervals. Under the requirements
proposed in this SNPRM, most small passenger vessels will be drydocking
every 2 years while a few vessels operating in freshwater will be
drydocking every 5 years. All vessels will have to have an inspection
for certification every 3 years. A pressure vessel internal examination
interval of 2 years would line up well with the proposed drydocking
intervals, but would be more restrictive than that proposed in the NPRM
for docket CGD 83-043. The intervals proposed in the NPRM for docket
CGD 83-043 also line up for small passenger vessels because they would
match the triennial inspection for certification interval proposed in
this SNPRM. Owner/operators would also have the flexibility to perform
the tests and inspections at the proposed time of drydocking (both 2
and 5 years), if this would be more convenient. An additional advantage
will be that pressure vessel internal examination intervals for all
vessel types would now be the same. The wording of Sec. 176.812 has not
been revised in this SNPRM. This reflects the Coast Guard's position
that the period proposed in the NPRM for docket CGD 83-043 will be in
effect before final rules for subchapter T are published. The Coast
Guard does not consider it necessary to repeat the Subchapter F
requirements in this section.
Section 176.910 Passenger Ship Safety Certificate
Paragraph (a) of this section in the NPRM requires that a vessel
which carries more than 12 passengers on an international voyage must
have a valid SOLAS Passenger Ship Safety Certificate. It specifically
exempts a vessel on a voyage between the continental United States and
Alaska or Hawaii, or between Alaska and Hawaii, from the requirement
for a SOLAS certificate, although under the definition of
``international voyage'' in Sec. 175.400 of the NPRM such a voyage is
an ``international voyage''. One comment objected to the proposed
exemption for SOLAS certificates for such vessels stating that vessels
on voyages between the continental United States and Alaska or Hawaii,
or between Alaska and Hawaii, should be considered to be on
international voyages. The Coast Guard disagrees and for the purposes
of this subchapter has revised the definition of ``international
voyages'' by deleting the reference to voyages between the continental
United States and Alaska or Hawaii, or between Alaska and Hawaii, for
the reasons noted under the discussion of comments on Sec. 175.400 in
this preamble. Correspondingly, the references to such voyages have not
been included in Sec. 176.910(a) in this SNPRM.
Section 176.910(a) also states that the Commandant will issue SOLAS
Passenger Ship Safety Certificates. Commandant (G-MVI) will continue to
issue all initial SOLAS certificates to a vessel. Commandant (G-MVI)
has recently delegated authority to OCMIs to reissue SOLAS Passenger
Ship Safety Certificates, as well as SOLAS Exemption Certificates.
Whenever any changes to the vessel or its operations occur
necessitating a change to the SOLAS Passenger Ship Safety Certificate
or SOLAS Exemption Certificate, such revised certificates must be
issued by Commandant (G-MVI). Both Sec. 176.910(a) and Sec. 176.920(d)
have been revised in this SNPRM to reflect this change.
Section 176.932 Equivalency for Voyages to The Bahamas
This section lists the criteria for the Commandant to determine
that a vessel complies with requirements equivalent to SOLAS
requirements for small passenger vessels operating between the Bahamas
and Florida. Several comments were received questioning the limitations
of the equivalency. The United States accepted the equivalency under
Regulation 5, Chapter 1, of SOLAS, the provisions of which are repeated
in Sec. 176.930. Other equivalencies to SOLAS would also be considered.
For instance, the U.S. recently accepted another equivalency by
considering the requirements of subchapter T equivalent to SOLAS
requirements for small passenger vessels which: (1) Do not proceed more
than 20 miles from land; (2) carry not more than 150 passengers; (3)
have overnight accommodations for less than 50 passengers; (4) have
inflatable survival craft for 100% of the persons on board; and, (5)
are certificated for an oceans route. Because any equivalency must be
applied on an individual, case-by-case basis, and because additional
equivalencies may be accepted in the future, the Coast Guard's position
is that it is best not to incorporate the provisions of specific
equivalents for small passenger vessels into regulation. Therefore,
proposed Sec. 176.932 has been deleted.
Part 177--Construction and Arrangement
Section 177.115 Applicability to Existing Vessels
Several comments stated that an existing vessel must always be
grandfathered regardless of any changes in construction or arrangements
on the vessel. The Coast Guard disagrees and believes that any
significant alteration or change in the design of the hull or
superstructure of a vessel should be done in compliance with any
revised requirements applicable to the change. However, such a change
would not automatically result in the vessel being considered a ``new
vessel,'' which must comply with all the new requirements proposed by
this SNPRM, unless the vessel is considered to have undergone a ``major
conversion'' as defined in Sec. 175.400.
The last sentence of this section, as proposed in the NPRM, stated
that repairs or maintenance conducted on an existing vessel, resulting
in no changes to the original structure or arrangement of the vessel,
must comply with either the new or the existing regulations. One
comment stated that this sentence is too broad because it depends on a
judgment call by a marine inspector, presumedly to determine if any
changes were made or not, and this would result in inconsistencies of
application of the regulations to vessels in the same zone, and to
vessels in different zones. A major purpose of this rulemaking is to
reduce inconsistencies in the application of regulations. However, a
determination as to whether a change has been made to the structure or
arrangement is normally not difficult and any disagreements with an
inspector's decision can be appealed.
One comment stated that existing uncertificated vessels constructed
more than 5 years before being certified and which carry less than 150
passengers should have to comply only with the proposed regulations in
part 177 as much as possible. This category would include present
uninspected passenger vessels or bareboat vessels which do not have to
comply with subchapter T. The Coast Guard disagrees. Such vessels
should generally be treated as new vessels. There are sufficient
provisions in subpart C of part 177 to allow an owner of a vessel to
prove the structural soundness of the vessel's hull by other than
specific design criteria. There are also sufficient provisions for
equivalencies if an owner believes the design or arrangement of a
vessel is as effective as that required by part 177. The structural
fire protection requirements proposed in this section of the NPRM would
apply only to vessels proposed in this SNPRM to be regulated by the new
subchapter K. Therefore, they no longer appear in part 177 of
subchapter T, as proposed in the SNPRM, but only in part 116 of
subchapter K. In light of the changes made to the structural fire
protection requirements, the Coast Guard perceives that many existing
vessels may want to make use of the wider range of materials allowed
for bulkhead and ceiling linings, carpets, and similar items. The
increased use of fire retardant materials, in lieu of present
requirements for noncombustible materials, was based in part on the
increased fire protection and detecting requirements in subchapter K,
part 118. Owners which upgrade the interior furnishings and finishings
of their vessels, using the requirements of subchapter K, part 116,
must also ensure their vessels meet the requirements of subchapter K,
part 118.
Section 177.202 Plans and Information Required
Numerous comments stated that the additional plans required by this
section are costly and unnecessary, will add to plan review time, and
may require additional Coast Guard billets for plan review. The
comments went on to state the required information would result in more
than the minimal cost and effort discussed in the preamble of the NPRM
and the evaluation. The comments estimated that engineering costs could
rise 25 to 120 percent. On the other hand, one comment stated that
additional ``structural'' plans, other than a ``Midship Section'', were
needed. The Coast Guard disagrees with all of these comments. The OCMI
has always had, and still has, the authority to request that additional
information and plans be submitted by the owner or builder. Not all of
the information under paragraph (a) may be applicable to every vessel.
Under paragraphs (a) and (b) the OCMI determines what level of
information is necessary. Most of the new information listed in this
section is already provided in plans and blueprints presently submitted
to the Coast Guard. Many OCMIs have plan review information packages
which amplify existing plan submittal requirements, and many boat
builders have received letters asking for additional information before
their plans can be approved. This section more clearly specifies the
information the Coast Guard wants submitted. The Coast Guard envisions
that this list will not substantially change the amount of information
already required by most OCMIs. The list of necessary information does
not require that separate plans be submitted for each item. The
information can be put on as few or as many plans deemed necessary by
the designer, as long as all information required by the OCMI is
provided.
One comment suggested that production boats built to ABYC
standards, as allowed by Secs. 182.130 and 183.130 for small passenger
vessels of not more than 65 feet in length carrying not more than 12
passengers, should not have to undergo the extensive plan review
normally required. A manufacturer could demonstrate the stability of a
vessel, and all vessels in that class could then be accepted. The Coast
Guard agrees. Section 177.315 provides guidance concerning OCMI
acceptance and approval of the scantlings for these vessels.
One comment questioned the requirement to submit plans to the OCMI,
noting that it has been the practice to submit plans to the Marine
Safety Center for small passenger vessels more than 65 feet in length
or having large passenger capacities. The procedure outlined in the
NPRM requires initial plan submittal for all vessels to be made to the
OCMI. This ensures that each OCMI becomes aware of all new construction
being planned to occur in his or her zone. The OCMI may then authorize
plan submittal directly to the Marine Safety Center for larger small
passenger vessels, if the OCMI desires or as Coast Guard policy
dictates.
Two comments expressed the concern that long Coast Guard plan
review and approval times, due to a great increase in plans and
corresponding greater time for review, would delay construction of a
vessel. One of the comments recommended a time limit for Coast Guard
plan approval. The Coast Guard does not consider a time limit necessary
to remedy the problem of long plan review time. Owners, designers, and
builders should submit their plans in advance of the construction date.
One comment thought the provision in paragraph (a), concerning
submission of plans prior to construction, ``if practicable'',
conflicts with Sec. 176.402(a). The comment recognizes that plans
should be submitted before construction, and that OCMIs must continue
to exercise good judgment in this matter, as they have in the past, but
states that plans should always be submitted before construction or
inspection begins. The Coast Guard does not see a conflict. Section
177.202(a) has been changed by replacing the phrase ``if practicable''
with ``unless otherwise allowed by the OCMI.'' The intent of paragraphs
(a) and (d) of this section is to make builders realize that
construction of a vessel without approved plans is at the builder's and
owner's risk.
One comment stated that 3 sets of plans would be necessary if the
Marine Safety Center reviews the plans as allowed by paragraph (c). The
Coast Guard agrees because this would allow the Marine Safety Center to
retain a copy, provide an approved copy to the OCMI, and return an
approved copy to the builder/designer. In addition, it is current
policy to submit 3 copies of all documents for Marine Safety Center
approval. This paragraph has been changed to require submission of 3
sets of plans.
Section 177.210 Plans for Sister Vessels
Two comments asked that ``sister vessel'' be defined. OCMIs will be
able to determine whether any two vessels are sister ships without a
specific definition. Some factors that have been judged to be important
are: Construction material, construction method, machinery systems,
(including type, number and size of main engines) interior layout, and,
type and number of overnight accommodations. Some differences which at
first seem minor, such as location of water and fuel tanks, size and
height of deckhouses or bridges, and location of machinery, may affect
stability and cause the vessels to not be considered sister vessels.
For fiberglass vessel construction, the lay up schedule, and type of
resins used could affect the determination of whether two vessels are
sisters. Technical criteria for the determination of sister vessels is
given in chapter 6 of volume IV of the MSM.
One comment expressed concern about the requirement for having
approved plans for a sister vessel on file at the local OCMIs office.
The comment pointed out that: (1) The OCMI in the zone where the first
vessel was built may not want to transfer a set of prints from a new
construction file because the plans may be needed for future use; and
(2) owners rarely get approved construction plans from the builder. The
intent of this section is that the OCMI which will be inspecting the
vessel while it is being built must have a set of approved plans before
construction is started. If the prospective owner cannot obtain a set
by transferring or copying those on file at a Coast Guard office, the
normal plan approval process must be initiated in accordance with
Sec. 177.202.
Section 177.300 Structural Design
The proposed rule lists specific structural design standards
acceptable for the construction of small passenger vessels. One comment
suggested additional introductory text to point out that the standards
listed in the proposed rule are adequate for all services. One comment
noted that the listed standards in the proposed rule did not adequately
address inland routes, and recommended ABS guidance for vessels of not
more than 65 feet in length. These comments point out that most of the
listed standards are for unrestricted open water (i.e., oceans)
service. Owners, operators, or designers desiring approval of reduced
scantlings for their vessels because of operation on a less severe
route, could apply under Secs. 177.310 or 177.340.
Four comments pointed out that for protected routes, ABS rules for
inland service, or equivalent, would be satisfactory for the hull
structure. The Coast Guard agrees that guidance and standards are
necessary. For a long time Coast Guard policy has been that inland
vessels made of steel should be designed to the ABS Rules for Building
and Classing Steel Vessels in Service on Rivers and Intracoastal
Waterways. No problems have been encountered. The proposed rule has
been changed to include this standard.
One comment suggested adding ABS Rules for Classing Steel Vessels
and Det norske Veritas (DnV) Rules for Classing of Steel Ships. Two
comments suggested allowing the use of DnV Rules for Classification of
High-Speed Light Craft. The Coast Guard disagrees. Small passenger
vessels are generally not large enough to have to comply with the ABS
Rules for Classing Steel Vessels or the DnV Rules for Classing of Steel
Ships, and the DnV Light Craft Rules have not yet been widely accepted
by builders and designers in this country. Any of these rules might be
acceptable as alternative design criteria for specific vessels under
proposed Sec. 177.340. No change was made to the NPRM.
One comment suggested adopting a standard for wood vessels that is
more current than Lloyd's, which the comment believed was outdated. The
Coast Guard disagrees, because alternate and more recent standards of a
similar scope do not exist. Nor does the age of a standard mean it is
deficient for vessels of the type for which it was written. The
proposed rule has not been changed.
Many comments suggested referencing NVIC 11-80 on aluminum crew
boat construction, or even replacing the proposed standards for
aluminum vessels with NVIC 11-80. One comment questioned if NVIC 11-80
is considered to be an adequate standard for aluminum small passenger
vessels that are not in the mineral and oil (M&O) industry. The Coast
Guard accepts the guidelines in NVIC 11-80 for many vessels which do
not operate in the M&O industry since structural standards apply to
general categories of hull shapes in general types of environments.
There is no reason to change the engineering standards provided in NVIC
11-80 for application to any small aluminum vessel. Consequently, any
hard chine aluminum planing hull of moderate length can be suitably
evaluated with NVIC 11-80. Its use would be permitted under
Sec. 175.540. NVIC 11-80 is not listed in the proposed rule because
NVICs may not be cited in the CFR since they are policy documents. No
change was made to the NPRM.
One comment suggested that the listed standards be dispensed with
if a vessel manufacturer proves compliance with another industry
standard, such as ABYC, but noted that the available alternatives are
not known. The Coast Guard agrees that the listed standards are
generally not intended for small vessels, and commercial boat standards
may be suitable. Proposed Sec. 177.315 specifically provides for small
vessels. Sections 177.310 and 177.340, as well as the equivalency
provision of Sec. 175.540, also allow for alternatives to Sec. 177.300.
The proposed rule has not been changed.
One comment stated Lloyd's rules are inadequate for catamarans and
recommended using industry experience to determine acceptable rules.
The comment also stated that Coast Guard use of the ``in-house
immersion of up to six feet full under water rule'' results in
acceptable vessels being rejected. The Coast Guard agrees that Lloyd's
rules may not be adequate for multihulls because composite design has
gone beyond the state of the art in structural design which existed at
the time when many of the listed standards were developed. The Coast
Guard is working toward setting a standard for composite construction
and is relying upon industry involvement to ensure that any standard
developed is appropriate. In the interim, proposed Sec. 177.340 on
alternate design considerations may be used. The rule objected to by
the comment is no longer in use, and has not been for some years. The
proposed rule has not been changed.
One comment suggested adding a new section concerning structural
standards required for pontoon vessels and catamarans. Current Coast
Guard policy is that each hull of a multihull vessel must meet the
structural standards for a monohull of the same size and service.
Multihull cross structures and pontoon vessels receive special
consideration based on sound design and engineering principles. No
change was made to the NPRM.
One comment stated that we should incorporate by reference the
destructive test standards of the American Society of Testing and
Materials (ASTM) for testing FRP. The Coast Guard's position is that
the specific incorporation of such standards into subchapter T is
presently unnecessary. Although there is presently no regulation
addressing destructive tests or standards, both ABS and Lloyd's rules
for the structural design of FRP, which are proposed for incorporation
by reference, address the need for destructive testing of FRP and refer
directly or indirectly to ASTM standards. NVIC 8-87, entitled ``Notes
on Design, Construction, Inspection and Repair of Fiber Reinforced
Plastic Vessels,'' also provides guidance on the testing of FRP using
ASTM standards. No change has been made to the NPRM.
Section 177.310 Satisfactory Service as a Design Basis
The rule, as originally proposed, provided for the acceptance of
scantlings found to be equivalent to those on another vessel of not
more than 65 feet in length that has had satisfactory structural
service for at least five years. It was adopted from existing
Sec. 177.10-1(a). As a substitute for using the standards in
Sec. 177.300, satisfactory structural service can be used for new
construction design or for structural approval of existing vessels
which are desired to be certificated. This latter method has been used
often in the past. This section has been revised to more clearly show
that the vessel in question may itself provide the evidence of
satisfactory service after five years of satisfactory operation with no
hull or internal structural problems.
One comment said the term ``approximating the same size, power, and
displacement'' was too vague. The Coast Guard disagrees. For the
purpose of structural suitability very minor differences are generally
of little consequence. To require exact duplication would severely
limit the scope of the proposed rule. The NPRM was not changed.
One comment suggested that 5 years is an insufficient period to
ascertain satisfactory design and believed that many vessels,
especially those of FRP construction, fail after the age of 5 years.
The Coast Guard disagrees because casualty data does not show any
instances of major structural failure or loss of life due to inadequate
design. The proposed rule has not been changed.
One comment agreed with the 65 foot length limitation, stating that
the structural adequacy of large vessels should be determined by basic
principles. Seven comments suggested removing the 65 foot length limit
for application of the 5 year rule. The Coast Guard agrees that the
limit should be removed. Design standards are available for larger
vessels and they are easy to use. The concept should not be restricted
to vessels of a certain size because casualty data does not indicate
that the lack of a length limitation in the existing rules is a major
problem. The proposed rule has been changed by removing the length
limitation.
The Coast Guard has considered the question of the applicability of
this section to vessels which will carry more than 150 passengers or
have overnight accommodations for more than 49 passengers (i.e., those
vessels proposed to be regulated by subchapter K). The Coast Guard has
determined that, although the length limit for application of this
section is being removed, this section is not appropriate for vessels
carrying such large numbers of passengers and will not be included in
subchapter K.
One comment suggested the regulations stifled research and
development by requiring new vessels to be designed like old vessels,
rather than encouraging new designs. The Coast Guard disagrees.
Proposed Sec. 177.340 allows novel designs and new construction
materials resulting from research and development to be reviewed by the
Marine Safety Center. The regulations ensure a minimum level of safety,
reducing the impact upon industry by applying the least costly and
easiest method of structural evaluation possible. The proposed rule has
not been changed.
One comment stated that it would be difficult to adequately
document the area and frequency of operation for many recreational
vessels and vessels carrying not more than six passengers. This lack of
adequate documentation could result in unfair competition between
vessels built to a design standard versus those modeled on recreational
vessels. The Coast Guard agrees that any procedure intended to be
flexible may result in some inequities, but considers the requirements
proposed in the NPRM workable. The existing vessel should have
experienced the same operating environment planned for the new vessel,
and show satisfactory service in that environment for five years. Pages
1-3 through 1-4 of NVIC 8-87 give guidance concerning the 5 year rule,
which can be applied to all vessels, not just those of FRP
construction. The burden is upon the designer or owner to show the
similarities between the proposed and existing vessels. The OCMI has
the responsibility for determining the adequacy of any documentation
submitted. The proposed rule has not been changed.
Section 177.315 Vessels of Not More Than 65 Feet in Length Carrying
Not More Than 12 Passengers
This proposed section allows the OCMI to approve the scantlings of
a vessel of not more than 65 feet in length and carrying not more than
12 passengers if the builder of the vessel can show that the design and
construction of the vessel is adequate for the intended service. Four
comments suggested deleting this proposed rule or specifying guidance
on adequate standards, possibly NMMA standards. The Coast Guard
disagrees. A provision is needed for small vessels not of a novel
design which: (1) Due to their size and service may not need to be
built to the design standards of Sec. 177.300; or (2) lack adequate
service time to meet the 5 year requirement of Sec. 177.310. No
criteria are specified in order to allow the OCMI flexibility when
approving these smaller vessels. The Coast Guard envisions that a
designer or builder, whose qualifications the OCMI is assured of, may
be able to demonstrate the adequacy of a hull structure to an OCMI by
comparison with: (1) Regional standards which experience has shown are
adequate; (2) a specific manufacturer's criteria which experience has
shown are adequate; or (3) calculations other than those provided for
by Sec. 177.300.
One comment suggested requiring compliance with recreational vessel
standards to minimize OCMI discretion and inconsistencies. The Coast
Guard is not aware of any structural standard which has been widely
accepted by recreational boat builders. The OCMI has authority to
determine the appropriateness of a proposed vessel's structure. The
proposed rule has not been changed.
One comment suggested deleting this proposed rule because NMMA
approval is not structurally sufficient for seagoing vessels, and
further stated the proposed rule would effectively allow recreational
vessels, suitable only for a maximum of 6 passengers, to carry 12
passengers. The Coast Guard is not aware of an NMMA structural
standard. Flexibility is needed to accommodate small vessels. Under
this section OCMIs may require additional evidence of the adequate
design and strength of the vessel. The proposed rule has not been
changed.
One comment suggested removing the 65 foot vessel length limitation
since good structural design is not a function of length. The Coast
Guard disagrees because the proposed rule is intended to minimize the
impact of regulations on small vessels for which structural standards
are not readily available, whereas suitable standards do exist for
larger vessels. A length limit is also necessary to limit the
inconsistency that might result from such a flexible requirement. The
proposed rule has not been changed.
Section 177.330 Sailing Vessels
The proposed rule requires suitable rigging for sailing vessels and
permits the OCMI to require design calculations. One comment questioned
the availability of standards. The Coast Guard is not aware of any
existing suitable standards for modern rigging. Cooperative efforts
with industry are underway to develop a suitable standard for sailing
school vessels. The proposed rule is intended to ensure that
appropriate consideration is given by the designer to the adequacy of
the rigging, and does not require that a particular standard be met.
Routine plan review is not expected, partly due to the lack of suitable
design standards. This section is similar to existing paragraphs (b)
and (c) of part 169, Sec. 169.309 which apply to sailing school
vessels. The proposed rule has not been changed.
Section 177.340 Alternate Design Considerations
The proposed rule provides for review of calculations for designs
which cannot be properly evaluated with existing structural standards
or within the framework of the other proposed rules. One comment
suggested permitting the ``first principles'' approach for all small
passenger vessels to permit advances in novel craft. The Coast Guard
agrees, and anyone desiring to submit a first principles design
analysis for any type of vessel may do so. But first principles
analysis is only necessary when a new design or technology is being
used. The adoption of design standards ensures a uniform level of
safety. Further, the Coast Guard does not have the resources to review
first principle approach calculations for every small passenger vessel.
Experience has shown that industry and the Coast Guard benefit from the
time saved by using design standards rather than the long involved
process associated with first principles. The proposed rule has not
been changed.
One comment suggested adding ``for initial evaluation and
forwarding to Commandant'' at the end of this section. The Coast Guard
agrees. However, it is the Marine Safety Center which has the
responsibility for evaluating design calculations based on first
principles, whereas Commandant (G-MTH) generally performs the concept
review. In this SNPRM, the proposed rule has been changed to
incorporate this comment.
Subpart D--Fire Protection
The following remarks, which address the comments received on this
subpart of the NPRM, are arranged in order of the section numbers
proposed in the NPRM. However, many of these proposed sections which
would have applied only to vessels carrying more than 150 passengers or
having overnight accommodations for more than 49 passengers, are now
proposed to be regulated by subchapter K. Therefore, many of these
sections no longer apply to subchapter T vessels and do not appear in
part 177, but are in part 116 of subchapter K.
In analyzing the numerous comments, the Coast Guard took a systems
analysis viewpoint of small passenger vessels. For example, it is very
difficult to evaluate requirements for flammability of interior
finishings and furnishings without considering the type and amount of
fire detection and extinguishing systems. It is important to remember
relaxations in one system might be made because of stricter
requirements in another.
In order to make these requirements simpler to understand and
easier to use, the Coast Guard has revised the arrangement of the
sections found in subchapter K by splitting them into more, but
smaller, sections consistent with subject areas. The section numbers
for a subject area may no longer correspond to those in the NPRM.
Section 177.400 General Arrangement and Outfitting
This section has been changed in several ways. It has been
renumbered as Sec. 177.405 (K-Sec. 116.405). Some requirements
concerning combustible materials, such as plastic piping, have been
moved to this section because they are more easily associated with
minimizing fire hazards in construction and outfitting than with
interior finishes.
Paragraph (c) of the NPRM has been simplified by deleting the
subparagraph which allows watertight engine boxes as a substitute for
vaportight bulkheads. Although this is still an unobjectionable
equivalent, it need not be stated in regulation.
Paragraph (f) of the NPRM would have required all waste receptacles
(trash cans) to be noncombustible and without openings in the sides or
bottom. One comment thought this requirement should be applicable to
existing vessels as well as new vessels. One comment suggested that
noncombustible waste receptacles should only be required in ``high
risk'' areas such as engine rooms. Numerous comments stated that metal
cans were unsightly, rusty, and hard to keep clean, and believed
plastic cans should be allowed. Combustible trash cans perform poorly
in a fire. A typical scenario involves ignition of the receptacles
contents by a discarded cigarette. A fire in a noncombustible trash can
may be contained by putting a lid on top of it and smothering the fire.
Combustible trash cans are easily breached by the fire and this
technique cannot be used. Combustible trash cans fail to contain the
fire once it is established and add to the fire load. They may also be
tough to jettison because of breaching. This paragraph has been changed
in this SNPRM so that existing vessels must also meet the requirement
to have noncombustible waste receptacles. SOLAS approved noncombustible
composite trash cans are available for those who would like to use
them.
Paragraph (g) of the NPRM proposed to limit paint thickness on
interior surfaces of enclosed or partially enclosed spaces to .075
inches or less. A number of comments objected to this requirement and
wanted it deleted. Most stated that the requirement would be difficult
to meet and difficult to enforce. The Coast Guard recognizes the
concerns posed by the comments and has deleted the requirement in this
SNPRM.
Paragraph (g) of the NPRM also proposed to prohibit nitrocellulose
paint, which is no longer used in standard vessel construction and
outfitting practices. The specific prohibition is no longer necessary
and has been deleted in this SNPRM.
Paragraph (h) of the NPRM required mattresses to comply with 16 CFR
part 1632, subpart A (FF-4-72.10). Regardless of the size of vessel,
mattresses must not contain polyurethane foam. One comment said that
this should only be applicable to vessels carrying over 150 passengers.
Another agreed that polyurethane foam should be restricted from use in
mattresses. One comment stated that the ``California Standard'' for
smoke/toxicity/ignitability should be cited. Another comment said that
``toxic when burning'' foam should be banned from vessels carrying less
than 150 passengers. Polyurethane foam is a notoriously poor fire
performer. The Coast Guard is proposing to retain the requirement that
prohibits polyurethane foam from use in mattresses and has redesignated
this requirement as paragraph (g) in this SNPRM. It should be noted
that this material is banned from use in public buildings in the U.K.
and France. Upholstered furniture and furnishings are often padded with
this type of foam. Because furniture and furnishings are a primary fuel
source in most fires, polyurethane foam would not be allowed in
furniture or furnishings under paragraph (h) of this SNPRM. This is
consistent with the Coast Guard's position on material used in
mattresses. The California Bureau of Home Furnishings requirements are
not incorporated into the SNPRM to prevent undue difficulty in
obtaining mattresses or other items made of polyurethane foam in areas
where furnishings for the California market are not available.
Section 177.420 Structural Fire Protection for Vessels Carrying Not
More Than 150 Passengers or With Overnight Accommodations for Not More
Than 49 Passengers
The NPRM proposed to require that the resin used on FRP vessels
have an ASTM E-84 flame spread rating of not more than 100, and that
surfaces within 3 feet of cooking areas have a flame spread rating of
not more than 75. Most comments, including those from builders,
architects, ABYC, and NMMA objected to the use of fire retardant
resins, primarily citing cost and lay up difficulties. Two comments
recommended incorporating the equivalency criteria contained in NVIC 8-
87, but also recommended retaining the requirement for MIL-21607 resin.
As a matter of policy, the Coast Guard has allowed the use of general
purpose resins (NVIC 8-87 as amended by G-MVI letter 16703/46 CFR
177.10-5 dated 21 September 89) provided that a number of additional
measures are taken to ensure a comparable level of fire safety. This is
the basis for the revision to the NPRM. Resin with an ASTM E-84 flame
spread rating of 100 is available and is not hard to find. Although
smaller fiberglass shops generally don't carry it, this resin is
available from larger suppliers. Resins with an ASTM E-84 flame spread
of 100 or less costs 50-60 percent more than general purpose resins.
This SNPRM proposes to allow general purpose resin to be used provided
that the additional requirements and restrictions previously found in
NVIC 8-87 are met. This will effectively provide industry an option of
either meeting the fire retardant resin requirements or the equivalency
criteria.
A recent Commandant decision concerned the use of general purpose
FRP resin alone, or of a thin layer of FRP layed up using general
purpose resin, as an interior coating or paint on a wooden vessel. Use
of FRP resin or a thin FRP layer as an interior paint or finish on
vessels constructed of wood or other non-fire retardant material
(except FRP) is acceptable as long as it is for non-structural
purposes. In this particular case, the Commandant determined that the
maximum thickness of the general purpose FRP should not be thicker than
.075 inches, based on present interior finish requirements and the
flammability of general purpose resin. Essentially, the Coast Guard
believes there is no reason for an interior finish this flammable to be
thicker than .075 inches. Interior FRP coats on vessels constructed of
FRP would be required to meet Secs. 177.410(c) and (d) of this SNPRM.
Three comments objected to the requirement that surfaces within 3
feet of cooking appliances have an ASTM E-84 flame spread rating of not
more than 75. This requirement remains because cooking and heating
appliances are the second most common ignition source of small
passenger vessel fires. In the event that surfaces within 3 feet
consist of a laminate facing and backing material such as plywood, only
the laminate facing must meet the flame spread requirement when
subjected to the ASTM E-84 test. There are laminate facings which meet
this requirement. Stainless steel, other sheet metal surfacing, or
other noncombustible material would also be satisfactory.
Section 177.430 Fire Control Boundaries for Vessels Carrying More Than
150 Passengers
This section has been moved to subchapter K, Sec. 116.415. The NPRM
would have required the hull, structural bulkheads, columns,
stanchions, superstructures, and deckhouses to be composed of ``steel
or equivalent material.'' Three comments believed that the NPRM stated
that vessels could only be built of steel, not aluminum. These concerns
are unfounded. Under the definition of ``steel or equivalent material''
found in proposed Sec. 175.400, aluminum construction is allowed. When
aluminum is used, it is subject to additional insulation requirements
in order to improve its fire performance so that it becomes comparable
to that of steel. Aluminum inherently has a much lower fire resistance
since it loses approximately half its strength at a temperature of 400
degrees F. Steel, on the other hand, must be heated to 1100 degrees F
before losing half of its strength. Therefore, an aluminum structure
must be insulated in order to achieve only an A-0 classification.
Fire endurance requirements for bulkheads and decks were proposed
in Tables 177.430 (c) and (d) of the NPRM. Two comments expressed
concern that although these tables are economically suitable for steel
construction, they are too costly for aluminum construction. One of the
comments proposed a separate set of tables for aluminum vessels that
upgraded deck and bulkhead fire endurance requirements in many
locations but also reduced A-Class structure to C-Class in others. This
resulted from a proposed substitution of uninsulated aluminum (C-Class)
for uninsulated steel (A-Class). The Coast Guard's intention, by having
only one set of bulkhead and deck classification tables, was to assure
a uniform measure of structural fire integrity for all passenger
vessels subject to this subpart, regardless of the construction
material or type. Adopting a different set of tables for different
construction types would defeat this purpose and would lead to
confusion during design and construction.
Guidelines explaining how to insulate aluminum are found in NVIC 6-
80 and in the Society of Naval Architects and Marine Engineers (SNAME)
Technical and Research (T&R) Bulletin 2-21, which is referenced by NVIC
6-80. Two comments suggested that SNAME T&R Bulletin 2-21 be used to
determine the insulation requirements for aluminum structure. In fact,
for many years these documents have been used by designers to
successfully meet structural fire protection insulation requirements.
The basis of SNAME T&R Bulletin 2-21 is full scale fire testing, which
was done at the National Institute for Standards and Technology. These
full scale tests established what amount of insulation was necessary
for aluminum to achieve equivalence to A-0, A-30, and A-60 steel fire
resistance. The SNAME Bulletin outlines two separate and acceptable
methods of determining acceptable insulation arrangements for aluminum
decks and bulkheads. The first method is prescriptive in that an
insulation thickness is specified that will bring the bulkhead or deck
classification up to that required by regulation. Four comments
recommended that insulation requirements be based on the fire load of
the subject space. This is, in fact, the second approach allowed by the
SNAME T&R Bulletin. In spaces where the fire load is low (less than .5
pounds per square foot), uninsulated aluminum structure is allowed.
Therefore, uninsulated aluminum (C-Class) may be used where uninsulated
steel (A-Class) is currently required, provided that the fire load is
less than .5 pounds per square foot. Further relief is found in NVIC 6-
80, which allows the use of uninsulated aluminum bulkheads and decks in
locations that separate water tanks, ballast tanks, and voids from open
deck areas. Additionally, aluminum weather decks need not be insulated
per NVIC 6-80.
Subparagraph (b)(5) of this section allows main horizontal zones
(MHZs), instead of main vertical zones (MVZs), for vehicle decks on
vehicle ferries. One comment recommended a wording change stating that
vehicle decks on ferries must be subdivided, where MVZ's are
impractical MHZ's may be used. The Coast Guard agrees and has clarified
this in this SNPRM.
Paragraph (c) of the NPRM outlines fire ratings for bulkheads and
decks, such as A-60, A-15, or B-15. Two comments were concerned that a
space with an emergency generator could be separated from a control
space by only B-0 bulkheads because the definition of control space
includes those spaces that contain an emergency source of power. The
Coast Guard agrees this could be a problem. In this SNPRM, the
definitions of ``control space'' and ``machinery space'' have been
modified to include a space with electrical generators under the
category of a machinery space.
Section 177.432 Fire Load and Outfitting on Vessels Carrying More Than
150 Passengers
This section of the NPRM which outlines the requirements for fire
load calculations, has been moved to subchapter K, Secs. 116.422, .423,
.425, and .427. In order to simplify finish and furnishing material and
fire load requirements, the Coast Guard has broken this section of the
NRPM into a number of smaller sections. In this preamble, the
requirements will be referred to by the section and paragraph number
used in the NPRM.
Five comments believed that materials included in fire load
calculations required by paragraph (b) should not be subject to the
flame spread and smoke generation requirements of paragraph (c). Some
comments stated their concerns in a slightly different manner by saying
that materials with low flame spread and smoke generation properties
shouldn't be included in the fire load calculation. One comment stated
that all combustibles should be included in the fire load calculation,
including items such as cable insulation and light diffusers. One
comment wanted to know how the maximum fire loads were determined.
From the comments received, it is apparent that there is wide
spread misunderstanding regarding the definition of fire load and the
role of low flame spread, low smoke generation materials. Fire load is
an important measure of a potential fire's duration and intensity. This
has direct impact on structural integrity because the longer a
structure is exposed to a fire, the more it will heat up, resulting in
a loss of rigidity. Thus, there is a need to control the fire load as
well as to insulate the structure itself. Fire load calculations must
contain all combustibles in a space; in other words, everything that
will burn. The concept of limiting the amount of combustible material
used in construction is inconsistent with exempting low flame spread,
low smoke-generating materials from the fire load. These materials may
be less hazardous than others but they are still combustible and will
add to the duration and intensity of a potential fire. They must,
therefore, be included in the fire load calculation.
Limiting flame spread and smoke production are separate fire
protection principles that have important life safety implications.
Rapidly propagating flames or high smoke production rates pose serious
threats to effective egress and human life. Therefore, the concept
posed by some comments of allowing any and all types of construction
materials in a space so long as they are included in a fire load
calculation is also inappropriate. The break points in the NPRM, of 3
pounds per square foot and 6 pounds per square foot for the fire load
of low and high risk accommodation spaces, respectively, were chosen
from a comparison with fire loads in similar shoreside occupancies. The
NPRM proposal to designate accommodation spaces as either high risk or
low risk, based on the fire load, has not been used in this SNPRM. This
was done to simplify design and construction requirements, and to
maintain a uniform measure of structural fire protection on all small
passenger vessels to which this subpart applies. Accommodation spaces
designated as high and low risk in the NPRM (Type 4 & 5 spaces) are now
designated solely as accommodation spaces (SNPRM Type 4). Tables
177.430 (c) and (d), now Tables 116.415(b) and (c), have been revised
to reflect this. The tables in the SNPRM are based on those from the
NPRM, using high risk accommodation space (NPRM Type 4) requirements,
vice low risk accommodation (NPRM Type 5) requirements, to provide a
greater measure of protection at the minimal expense of an additional
1/2'' to 1'' of thermal insulation. The only proposed exception
involves bulkheads separating adjacent accommodation spaces (SNPRM Type
4) which were required to be rated A-15 in the NPRM but have been
revised to B-15 in this SNPRM. This simplifies construction and is
consistent with the requirements for large passenger vessels. In
addition, the maximum fire load for all accommodation spaces (SNPRM
Type 4) has been established as 7.5 pounds per square foot of deck
area, consistent with longstanding Coast Guard policy found in NVIC 6-
80.
The Coast Guard thinks that as a result of the fire detection and
extinguishing systems which will be installed on these vessels, and the
reduced use of combustible materials, fire load calculations will not
be necessary for most vessels which will be built. Therefore, fire load
calculations will not be required unless the cognizant OCMI determines
that the fire load being put into the vessel is large enough to warrant
them. Under new Sec. 116.427, the cognizant OCMI can require fire load
calculations at any point in a vessel's life span if it is determined
that fire load growth has occurred to the point that the actual fire
equivalent mass must be increased by a ratio of the heat of combustion
of the material divided by the heat of combustion of wood. The
explanation of fire load calculations in Sec. 114.400(b)(3) has also
been revised to clearly indicate that it includes all combustibles
including items such as light diffusers and cable insulation. The
confusing wording in Sec. 177.432(c) of the NPRM, which includes low
flame spread materials in calculation of fire loads for some spaces but
not in others, has been revised so that all combustibles are included.
One comment stated that a structural fire protection plan should be
carried onboard each vessel. The Coast Guard agrees. A new Sec. 116.530
has been added requiring subchapter K vessels to have a Fire Control
Plan posted.
Paragraph (c) of the NPRM prescribes allowable flame spread and
smoke generation characteristics for ceilings, interior finishings, and
deck coverings. Numerous comments requested that materials acceptable
for shoreside use in similar occupancies be accepted for use on small
passenger vessels, and recommended the approval of NFPA 101 Class A
interior finishes. Class A interior finishes are considered
inappropriate for use because they have smoke developed ratings that
are 45 times greater than those that would have been permitted by the
NPRM. Smoke is the primary hazard in most fires. While these materials
are routinely used in shoreside installations, those shoreside
installations must also be fitted with automatic sprinkler systems.
This balances the increased hazard posed by Class A interior finishes.
The Coast Guard has historically taken the approach that the best
method of preventing the spread of fire is by limiting the amount of
combustibles used in construction. Internationally, other countries
have permitted higher amounts of combustible material when automatic
sprinklers are also fitted. However, the U.S.-adopted philosophy of
limiting combustibles is now the required method of construction for
new vessels worldwide.
Combustible acoustical materials that are listed by Underwriters
Laboratories and have an ASTM E-84 or UL 723 flame spread rating of not
more than 20 and a smoke developed rating of not more than 10 were
proposed by the NPRM for use in ceilings. The Coast Guard has found
that more than 40% of UL listed ceiling tiles meet the proposed
criteria, and can be available from a number of manufacturers
(including Armstrong, Celotex and USG Interiors) within 7 days. The
Coast Guard has also found that more than 50% of the UL listed interior
finishes meet the criteria proposed in the NPRM and are readily
available from several manufacturers (including Sherwin Williams and
Glidden) through sources such as commercial building suppliers.
Therefore, the original requirements of the NPRM have been retained in
this SNPRM.
Many of these products may simply be labeled as Class A materials
(because they have an ASTM E-84 flame spread rating of less than 25 and
smoke developed rating of less than 450) without specific rating
information. Specific ratings can be obtained from product data sheets
on hand with the distributors.
There is also some apparent confusion concerning use of Coast Guard
approved materials. Neither the NPRM nor this SNPRM require Coast Guard
approved materials to be used for acoustic ceilings or interior
finishes, although Coast Guard approved materials are certainly
acceptable. Materials which are used need only meet the test and
thickness requirements of this section.
One comment indicated that requiring interior finishes to have ASTM
E-84 or UL 723 flame spread and smoke developed ratings of not more
than 20 and 10, respectively, was sufficient and that limiting the
thickness to .075 inches was redundant. The Coast Guard disagrees. It
is important to limit the amount of fuel that is mounted vertically,
such as on bulkheads, because burning is much more vigorous and flame
spread is much greater on materials that are mounted in the vertical
orientation. The requirement has been retained.
As discussed previously, the .075 inch thickness limit for paint
has been removed. It is important to note that, although the definition
of ``interior finish'' in Sec. 175.400 (K Sec. 114.400) of this SNPRM
could be interpreted to include paint, it is not intended to do so. The
definition specifically states this. If an OCMI determines that the
characteristics (including flammability) of a paint or any other
interior finish are hazardous to the safety of the crew, passengers, or
vessel, the OCMI may limit or completely rule out the use of such
materials.
Two comments believed carpet should be allowed on bulkheads. The
Coast Guard disagrees. Carpets burn much more vigorously in the
vertical orientation resulting in greater flame spread. Also, the
combustibility rating of carpets has been decreased as discussed below.
The NPRM has not been changed.
With reference to paragraph (e) of the NPRM, fire protection
requirements for nonmetallic pipe in a concealed space within a control
space, accommodation space, or service space have also been added to
this SNPRM. The Coast Guard's position is that limited quantities of
nonmetallic pipe should be allowed for sanitary service, beverage
service, potable water, and other non-vital non-flammable services to
facilitate commercial construction practices. Limited quantities of
such piping pose a similar problem as electric cable insulation in
concealed spaces. Therefore, nonmetallic pipe must have a flame spread
rating of not more than 20 and a smoke developed rating of not more
than 50 when water filled or 20 and 130, respectively, when dry, when
tested in accordance with ASTM E-84 or UL 723. Suppliers and
manufacturers have indicated that nonmetallic pipe meeting this
criteria is commercially available.
Paragraph (f) of the NPRM allowed combustible insulation in a very
limited number of locations. This has been revised in this SNPRM to
further limit the locations where combustible insulation can be used.
This is appropriate due to the larger number of people at risk on
passenger carrying vessels.
Paragraph (g) of the NPRM prescribes allowable flame spread and
smoke generation characteristics for deck coverings. Numerous comments
want carpet materials that are acceptable for shoreside use in similar
occupancies to be accepted for use on small passenger vessels, and
recommended the approval of Class I deck coverings (defined in NFPA 101
as being able to withstand a critical radiant flux of not less than .45
watts per square centimeter). The Coast Guard has revised this SNPRM so
that Class I coverings would be allowed in all spaces.
One comment believed carpets should not be allowed in machinery
spaces. The Coast Guard agrees and is proposing in this SNPRM to extend
this requirement to high risk service spaces. Carpet readily absorbs
flammable and combustible liquids and then acts as a wick to promote
burning, posing serious flame spread problems.
Paragraph (h) of the NPRM established flame spread ratings for the
exposed surfaces of case furniture as well as fire resistance
requirements for upholstery, draperies, and curtains. One comment
stated that it is difficult to find case furniture surfacing materials
with an ASTM E-84 flame spread rating of less than 100. The Coast Guard
disagrees. Plenty of surfacing materials including most types of wood
meet the flame spread requirement. The requirement has been retained in
this SNPRM.
Another comment stated that freestanding furniture should be
allowed without limit since it can be thrown overboard in the event of
a fire. The Coast Guard disagrees because such actions are impractical
during fire situations.
Consistent with the approach taken on mattresses, a new
Sec. 177.405(g) (K Sec. 116.405(j)) has been added which would prohibit
polyurethane from being used in furniture and furnishings.
Section 177.434 Windows and Airports in Fire Control Boundaries on
Vessels Carrying More Than 150 Passengers
The comments received on this section, now found in subchapter K
Sec. 116.433, were mostly minor in nature. A couple of comments did not
understand the reason paragraph (c) limits the base of windows in
bulkheads adjoining passageways to 36 inches above the deck. Limiting
window bases from being less than 36 inches above the deck is
applicable only to bulkheads adjacent to passageways. The primary
purpose for this is to keep people from tripping over window frames or
lower support structures for the glass, or falling through the windows
themselves, during an emergency. An alternative to this requirement has
been proposed in this SNPRM. It omits the 36'' limitation when the
passageway is fitted with storm rails that are structurally independent
of the glass.
Other comments objected to the requirement in paragraph (d) for
steel or equivalent window and airport frames in A-Class bulkheads.
Steel or equivalent frames are required in all interior and exterior A-
Class divisions consistent with the definition of A-Class division
which requires barriers to be of steel or equivalent material. Aluminum
structures must be thermally insulated to meet this requirement.
Aluminum frames are allowed provided that they adequately retain the
glass. Therefore, steel glazing beads or steel angles are required
because aluminum performs poorly in a fire environment.
One comment believed the fire shutters referred to in
Sec. 177.434(e) are too expensive. Fire shutters may be expensive.
Therefore, this SNPRM allows for the option of using A-Class glass
instead. This may be a more cost effective approach.
One comment wanted to know if passageways included exterior
walkways. Exterior walkways are not normally considered passageways
provided they meet the definition of ``open deck''.
Section 177.436 Doors on Vessels Carrying More Than 150 Passengers
The comments received on this section, now found in subchapter K
Sec. 116.435, were also minor in nature. Two comments believed the NPRM
would prohibit the use of aluminum doors. This is not so. The
requirement is for steel or equivalent material. Aluminum is suitable
for use when it is adequately insulated.
One comment believed the maximum gap between double swing doors,
required by subparagraph (b)(4)(i) to be \1/8\ inch, should be
increased to \1/4\ inch. The Coast Guard retains the \1/8\ inch
requirement so as to minimize the degradation of the fire control
boundary in which the doors are installed. Referring to subparagraph
(c)(7), one comment recommended that horizontal stairway doors be
prohibited. The Coast Guard is in agreement with this recommendation.
Horizontal doors complicate egress as they are difficult to locate
during a fire or in a smoke filled room, are unfamiliar to most
passengers, and can be easily blocked. The NPRM has been revised so
that horizontal doors are permitted only in spaces that are used
strictly by crew members, subject to the original requirements stated
in the NPRM.
Another comment believed the minimum door thickness required by
subparagraph (c)(9) should be reduced. The Coast Guard disagrees
because adequate fire resistance is not achieved with a reduced
thickness.
One comment recommended prohibiting the ventilation grilles or
louvers in B-Class doors, which are allowed by subparagraph (d)(4).
This recommendation has been adopted. During a fire, this will reduce
smoke flow through B-Class bulkheads and limit its spread beyond the
room of fire origin.
Section 177.438 Stairtowers, Stairways, Ladders and Elevators on
Vessels Carrying More Than 150 Passengers
A number of comments objected to the loading and material
requirements for stairtowers, stairways, ladders, elevators, and
landings. The primary concern was over the requirement in paragraph (b)
for these structures to be made only of steel, thus prohibiting the use
of aluminum. The Coast Guard has required steel because it exhibits
outstanding fire endurance. Aluminum has a much lower fire resistance
and loses half of its strength by the time it reaches 400 deg.F.
Temperatures such as these are reached early in a fire and although
aluminum decks and bulkheads can be insulated to provide adequate fire
performance, it is impractical to similarly insulate stairway treads
and support structure.
The loading criteria for stairtowers, stairways, ladders,
elevators, and landings has been a longstanding Coast Guard requirement
that is based on conservative design practice due to the paramount need
to assure adequate means of vertical egress. No changes have been made
to the NPRM.
One comment wanted wood handrails to be accepted in lieu of the
noncombustible handrails required by paragraph (d) for stairtowers,
stairways, ladders, and elevators. The Coast Guard disagrees and has
retained the noncombustible requirement so as to minimize fire load and
to assure the integrity of these egress facilities.
A number of comments wanted more latitude on the stairway riser
height and tread depth specified in paragraph (h). The criteria
proposed in the NPRM is in accordance with shoreside building codes,
thus stairways will have a familiar ``feel'' to passengers. However,
the NFPA has found that nosings exceeding \1/2\ inch pose a tripping
hazard. The requirement for nosing width has been reduced from 1 inch
to \1/2\ inch.
Three comments believed the area required by paragraph (i)(2) for
intermediate landings in stairways was too restrictive. The Coast Guard
disagrees because smaller intermediate landings will act as choke
points that will adversely impact the flow of people during egress.
A number of comments believed the 40 deg. limit in paragraph (j) on
stairway inclination would cause stairways to take up too much space.
Others were in strong approval of the proposed requirement but believed
the limit should be relaxed to 50 deg. for crew spaces. The Coast Guard
has retained the 40 deg. limit for stairways used by passengers because
it is comparable to what is required in similar shoreside occupancies
and will feel familiar to passengers, thus aiding egress. It is also
the current limit for Type 1 and Type 2 stairways on vessels that carry
over 150 passengers. In this SNPRM, stairways accessing spaces visited
solely by crew members are now allowed to have an inclination up to
50 deg. and the minimum width of these stairways has been reduced to 28
inches.
In this SNPRM, Secs. 177.438 (k) and (l) (now Secs. 116.438 (j) and
(k)) have been revised to provide additional guidance and to clarify
the requirements for stairtowers and stairways.
Referring to paragraph (n), now Sec. 116.438(m), numerous comments
believed a tread width in a stairtower stairway should have a specified
upper limit. A number of widths were suggested. The Coast Guard
disagrees with this approach. In order to provide adequate egress
capacity, the maximum width of stairtower stairways must be based on
the number of people who will use the stairway. The approach used in
the NPRM is analogous to the minimum requirements of NFPA 101 that is
used in shoreside occupancies. Further, Sec. 177.438(n)(4), now
Sec. 116.438(m)(4), allows the use of multiple smaller stairtowers in
lieu of a single large stairtower, thus providing greater flexibility
in design, yet also assuring adequate egress capacity.
Section 177.439 Balconies on Vessels Carrying More Than 150 Passengers
One comment believed the 80 percent rule for balconies posed in
subparagraph (b)(1) of the NPRM would not work and should be dropped,
but that the fire integrity of stairways and stairtowers serving such
spaces should be maintained. The Coast Guard agrees that in some cases
the 80 percent rule could be difficult to apply. The intent of this
rule was to ensure that a fire in a space with a balcony would be
obvious to individuals on both levels. Further, the 80 percent rule was
also intended to prohibit the use of small openings between decks under
the pretense that the upper deck is a balcony. Similar land based codes
also have this same problem defining a balcony in such a way as to
allow creative design while still maintaining an acceptable level of
fire safety. Some codes require that floor openings be sized and
arranged so that a fire or effects of a fire will be obvious to
occupants on both levels before the onset of hazardous conditions. This
type of requirement would be difficult to apply consistently. Because
there will usually be many passengers and service personnel (waiters
and waitresses) in these areas, and because of the fire detecting
systems required by Sec. 181.400, the Coast Guard believes no
requirement is needed and has deleted this paragraph.
However, the Coast Guard is concerned that this provision could be
misused to allow the joining of two effectively separate spaces by
small openings, such as those for pipe, cable, ducting, machinery
trunks, or even unenclosed stairways, which would let fire, heat, and
smoke into another space. The definition of ``balcony'' in Sec. 114.400
has been revised to clearly show that any vertical opening which
provides free communication between two spaces creates a balcony which
invokes this section.
The Coast Guard is also concerned about the lack of standardization
of equivalencies which have been granted in the past for spaces,
particularly spaces with balconies, which have exceeded the maximum MVZ
length. The Coast Guard has included the so called ``Balcony Rule'',
from Sec. 72.05-5(m)(1) of subchapter H, in this section of the SNPRM.
Owners desiring to have large spaces with balconies which cause the
``equivalent'' MVZ length, as calculated using the Balcony Rule, to
exceed the maximum allowable length of 131 feet (40 meters) will be
given the option of complying with requirements for atriums, as long as
the actual length of the compartment does not exceed the maximum
allowable MVZ length.
Although the NPRM contained regulations regarding balconies and
partial decks, it failed to address atriums. New designs are more
frequently incorporating atriums and this SNPRM contains fire
protection provisions for them. The requirements proposed in
Sec. 116.440 of this SNPRM are similar to those found in IMO/MSC
Circular 526 dated 29 June 1990. Section 177.440 of the NPRM is
applicable only to subchapter K vessels and has been located in
subchapter K as Sec. 116.400.
Section 177.500 Means of Escape
The majority of comments received on this section concerned the use
of watertight doors and ladders as a means of escape and proposed new
door width requirements. One comment believed it would help to design
for emergency situations if ``means of escape'' were defined. The Coast
Guard agrees and this has been added to proposed Sec. 175.400 (K
Sec. 114.400).
Two comments believed watertight doors should be allowed by
paragraph (a) as a means of escape. The NPRM requirement allows one of
the two means of escape to be a watertight door but not both.
Watertight doors are typically more difficult to operate than non-
watertight doors and are unfamiliar to most passengers. Further, the
hydrostatic forces that develop due to flooding can render watertight
doors unopenable. To preclude the trapping of passengers and crew, and
to preclude delays in egress, the requirement is retained. A number of
comments fully understood and supported the requirement.
One comment believed sizing egress facilities on the full fixed
seating capacity of accommodation spaces, as proposed in
Sec. 177.500(e)(iii) of the NPRM, would result in the need for a major
refit and loss of capacity. The Coast Guard disagrees. The proposed
rules are applicable only to new vessel construction and modifications
to existing vessels. No refitting of an existing vessel is necessary
unless it undergoes a modification. Further, the proposed capacity
criteria are based on longstanding Coast Guard regulation and policy to
which existing small passenger vessels carrying over 150 passengers
were built. This section should have no impact on passenger capacity.
Three comments believed the door width criteria proposed in
paragraph (h) would reduce passenger space. However, two other
comments, including one from the NTSB, supported the criteria, stating
that it will improve passenger safety. The Coast Guard agrees with the
latter and realizes that in some cases passenger space may be slightly
reduced. However, the need to assure a safe means of escape is an
overriding concern. The criteria used for door and egress widths is
similar to that for comparable shoreside occupancies. Although ships
and buildings have numerous and important differences, the activities
that passengers and occupants engage in are often analogous, including
social functions, dining, dancing, business meetings, and lectures. It
is reasonable for passengers to expect and for owners to provide
similar life safety design features for similar types of occupancies
whether they are marine or land based. Therefore, the requirements that
were posed in the NPRM are retained and further clarification
concerning corridor widths has been added in Sec. 177.500(f) (K
Sec. 116.500(g)) of this SNPRM.
Two comments believed a minimum size should be specified for doors
and scuttles used for means of escape. The Coast Guard agrees and this
has been incorporated into paragraphs Secs. 177.500(f) and (m) (K
Secs. 116.500(g) and (n)) of this SNPRM.
The maximum length of a dead end corridor has been reduced to 20
feet in Sec. 177.500(g) (K Sec. 116.500(h)). This is consistent with
the requirements for similar shoreside occupancies.
One comment wanted to know whether Sec. 177.500(l) of the NPRM,
(Sec. 177.500(j) of this SNPRM) concerning marking of exits, applied
only to the primary means of escape. The marking requirement applies to
all means of escape.
Referring to paragraph (m) of the NPRM (paragraph (k) of this
SNPRM), five comments believed ladders leading to deck scuttles should
be counted as one of the two required means of escape on vessels over
65 feet in length. The Coast Guard disagrees. Ladders leading to
scuttles are permitted as a means of escape on vessels of not more than
65 feet only because of severe space constraints. Ladders are an
undesirable method of escape because they are unusable to many
passengers, including the elderly, the disabled, those unfamiliar with
vessel construction, or those disoriented by fire, smoke, or other
emergency. To avoid confusion, the term ``vertical ladder'' has been
replaced with ``ladder'' as this regulation is intended to apply to all
steep ladders and not just ones that are solely in the vertical
orientation.
One comment said that the 3 inch toe space for ladders required by
Sec. 177.500(n)(3) of the NPRM ((l)(3) of the SNPRM) was insufficient
and should be increased to 7 inches in accordance with ANSI 14.3. The
Coast Guard agrees and has revised this in the SNPRM.
One comment believed the provisions of paragraph (q) of the NPRM,
((o) of the SNPRM) allowing windows and windshields to be used as one
of the two means of escape on vessels not more than 65 feet in length,
should apply to all small passenger vessels. The Coast Guard disagrees
because windows and windshields are a cumbersome means of escape, but
are allowed due to the severe space constraints on smaller vessels.
Another comment wanted dimensional requirements for such windows
and windshields to be specified. The dimensions specified in this
section are required for all means of escape, including windows. The
OCMI will use this section as guidance in determining if the designated
escape route, including a window or windshield and access to the window
or windshield, is of proper dimensions.
Paragraph (r) of the NPRM ((p) of this SNPRM) requires only one
exit for certain low risk spaces with a maximum dimension (length or
breadth) of less than 12 feet. This is primarily because the likelihood
of fire and number of occupants in such spaces is low and because
another exit will not be separated far enough to materially improve
egress efforts. One comment believed this requirement should be
modified to allow ``normally unoccupied'' spaces with a maximum
dimension of less than 25 feet to have only one means of escape. The
Coast Guard disagrees. Some normally unoccupied spaces, such as engine
rooms on larger vessels, are indeed ``normally unoccupied'' yet present
sufficient fire risk to warrant two means of escape. Additional
guidance is found in Sec. 177.500(a) of the NPRM which requires two
means of escape only for spaces that are accessible to passengers or
are used by the crew on a regular basis. Therefore, spaces such as
steering gear rooms which are rarely used by the crew would not require
two means of escape.
Section 177.510 Embarkation Stations
This section has been moved to subchapter K Sec. 116.510. Numerous
comments believed small passenger vessels had insufficient room for
embarkation stations. Others believed the requirement should be based
on whether or not the vessel has overnight accommodations and not on
whether it carries over 150 passengers. Two comments desired specific
design guidance. The requirement to have specifically designated
embarkation stations was proposed so that vessels carrying over 150
passengers or with overnight accommodations for more than 49 passengers
would have specific areas where passengers would normally be expected
to board survival craft. Architects, operators, and inspectors would
know that the area should be arranged so passengers could easily embark
to survival craft, access to the area would not be blocked, and
passengers could be informed where they would normally have to board
survival craft. This will add a higher level of organization to the
somewhat chaotic evolution of abandoning ship. Although the requirement
may in some cases cause a slight reduction in passenger area, it is
intended to ensure safe egress routes. The 150 passenger and 49
overnight accommodation breakpoints are retained so as to assure
adequate egress on both day cruisers and overnight vessels. Additional
guidance expressing Coast Guard intent concerning the arrangement and
design of embarkation stations has been added as requested.
Section 177.520 Muster Stations
A large number of comments were received stating that muster
stations were not applicable to small passenger vessels nor feasible in
a typical operation. In this SNPRM the requirements for the means of
escape are now more specific and the requirements for embarkation
stations have been clarified. The Coast Guard has reconsidered the
applicability of muster stations aboard small passenger vessels and
removed this section from the SNPRM.
Vessels carrying more than 600 passengers would be required by
subchapter K to meet the applicable embarkation and muster requirements
incorporated in the fire protection requirements of subchapter H.
Multiple MVZ vessels which would permit complete evacuation of a fire
effected MVZ are preferred, but not always practical. NVIC 14-91,
``Guidance on Means of Egress and Refuge Areas for Certain Passenger
Vessels Operating in Protected or Partially Protected Waters,'' would
also be applicable to these vessels. This NVIC, developed with
substantial public review and input, was published 2 October 1991 to
announce an equivalent alternative to the emergency means of egress and
refuge requirements built into subchapter H.
The Coast Guard is concerned about what would happen to the
passengers aboard a 150 to 600 passenger vessel if there were no safe
haven in the event of a fire or other casualty. The newer designs for
``river boats'' and modern sleek-looking harbor cruise vessels leave
little or no room on outside portions of the main deck for escape from
a fire in a primary accommodation space. The Coast Guard does not
believe that passengers should have to jump overboard for lack of a
safe refuge or a safe way to get to a designated embarkation station if
it becomes necessary to abandon ship. The Coast Guard also realizes
that on many vessels this may not be a problem and does not want to
burden the owners of vessels with unnecessary requirements.
Section 116.520 of this SNPRM proposes that vessels which would be
regulated by subchapter K must submit an emergency evacuation plan for
approval during plan review. The emergency evacuation plan would
identify safe areas of assembly for all passengers in the event of a
fire in, or flooding of, any accommodation space, and the procedures
for abandoning ship. For some vessels the emergency evacuation plan
would be relatively short. For other vessels a substantial document may
be required.
NVIC 14-91 is written to apply to those vessels which must meet the
structural fire protection requirements in subchapter H and would not
be directly applicable to subchapter K vessels, i.e., those vessels
carrying not more than 600 passengers. Because the provisions of the
NVIC are equivalent to the emergency egress requirements in subchapter
H, which has a higher standard than subchapter K, the Coast Guard would
accept the provisions of the NVIC as equivalent, under Sec. 114.540 of
subchpater K, to the applicable passenger capacity, means of escape,
and emergency escape plan requirements proposed in Secs. 115.113,
116.500, and 116.520 of subchapter K.
One specific difference between NVIC 14-91 and Sec. 116.520 of
subchapter K is that NVIC 14-91 specifies standards which define an
area of refuge and its required level of fire protection while
Sec. 116.520 does not propose any such standards. The Coast Guard is
considering including standards for areas of refuge, similar to those
in NVIC 14-91, in the final rule for this project and solicits comments
concerning the applicability of the standards in NVIC 14-91 to
subchapter K vessels. For reference purposes, NVIC 14-91 is included as
Appendix I at the end of this SNPRM.
Section 177.600 Ventilation of Enclosed and Partially Enclosed Spaces
Two comments were received stating that the use of ``hull'' in
subparagraph (b)(2) does not reflect the intent of prohibiting
downflooding points in the sideshell. The Coast Guard agrees and has
changed the wording in this SNPRM.
Seven comments stated that the requirement in paragraph (c) for a
means to close or shut off all ventilation passages was not justifiable
or necessary on vessels carrying less than 150 passengers, especially
when the vessels themselves may be built of wood or FRP. The Coast
Guard agrees and has removed this requirement from proposed subchapter
T in this SNPRM. Under paragraph (b)(3), the OCMI can require any
closures which are deemed necessary to preserve watertight integrity.
However, this requirement has been left in proposed subchapter K and
now appears as Sec. 116.610(c) of this SNPRM. The removal of this
requirement from subchapter T does not mean that vent openings for
engine rooms or other spaces protected by fixed gas fire extinguishing
systems must not have the closure devices required by Secs. 182.460(l)
and 182.465(h) (K-Sec. 119.465(h)).
Two comments stated that the power ventilation remote shutoffs
required by paragraph (d) were unnecessary, and one comment stated they
were important enough to be located on the bridge. The Coast Guard
thinks a power ventilation remote shutoff is necessary, and that having
all ventilation shutoffs located at the same place would be safer. This
paragraph has been revised to require all power ventilation systems be
able to be shut down from the pilot house.
One comment stated that materials such as electrical wiring,
piping, and combustibles should be kept out of ventilation ducts. The
Coast Guard agrees, as such arrangements promote flame spread within
ducting. New paragraph (g) has been added in this SNPRM to include this
suggestion.
Section 177.610 Ventilation Ducts on Vessels Carrying More Than 150
Passengers
This section has been moved to subchapter K, Sec. 116.610. A number
of comments believed the requirements of this section should apply only
to vessels carrying a larger number of passengers. The Coast Guard
disagrees. It is necessary to include requirements for HVAC ducting in
order to assure that fire control boundaries are maintained. Vessels
currently carrying over 150 passengers must meet criteria similar to
that in subchapter H.
One comment believed the minimum duct thickness at bulkhead
penetrations should be reduced. The Coast Guard disagrees. The proposed
thickness requirement in the NPRM is to assure that duct penetrations
have an endurance rating equal to that of the bulkhead.
One comment recommended that fire dampers in ducts penetrating MVZ
bulkheads, and in ducts penetrating bulkheads separating cargo spaces,
machinery spaces, and vehicle spaces from accommodation spaces be both
manually and automatically operated. The Coast Guard concurs and this
requirement has been added in paragraphs (e) and (f) of this SNPRM.
The requirement in paragraph (h) has been revised to prevent the
passage of air between any spaces, not just accommodation spaces and
passageways. In conjunction with the removal of Sec. 177.436(d)(4),
which would have allowed ventilation grilles or louvers in B-Class
doors, this important fire protection measure will reduce smoke flow
through B-Class bulkheads and limit the spread of a fire beyond the
room(s) of origin. Section 116.610(i) would require ventilation return
to be via ducting.
Subpart G--Crew Accommodations
The Coast Guard is proposing in this SNPRM to rename, rearrange,
and renumber the requirements in subpart G on crew spaces. The proposal
aligns the arrangement of the requirements in subpart G with the
arrangement of the requirements for passenger accommodations in subpart
H.
The text has been revised to indicate the general arrangement
requirements of this section are also applicable to work spaces, such
as the operating station aboard a vessel. This subpart has also been
revised to emphasize that when designing the arrangement and outfitting
of a space, the route, speed, and modes of operation of a vessel must
be considered. Most traditional small passenger vessels have adequate
work and accommodation spaces for their crew. However, special
provisions may have to be made for certain vessels due to their
operations. For instance, due to high speeds, emphasis needs to be
placed on the outfitting of the operating space on DSC, and, as
specified in the DSC Code, builders of most DSC will often provide seat
belts for the control seats and ensure instruments are readily visible
to the seated operator.
Section 177.700 When Required
This section has been renamed ``General requirements'' and includes
requirements from Secs. 177.710 and 177.720 of the NPRM. Two comments
were received questioning the requirement for the deck above a crew
accommodation space to be above the deepest load waterline. This
requirement presently exists for passenger accommodations (under
subchapter H Sec. 72.25.10) and is not as severe as that for crew
members of passenger vessels (under subchapter H Sec. 72.20-10(b)) or
cargo and miscellaneous vessels (under subchapter I Sec. 92.20-10(b)).
Since most quarters aboard small passenger vessels are against the skin
of the vessel and susceptible to damage, this requirement allows a
breathing space or air pocket in case of flooding. For consistency,
proposed Sec. 177.700(b) has been reworded to read the same as proposed
Sec. 177.800(e).
Section 177.710 Location
This section has been renamed ``Overnight accommodations'' and
repeats the requirements of Sec. 177.700 of the NPRM. Three comments
were received which indicated that this section was confusing and did
not clearly state the requirement. The intent is that vessels which
operate more than 12 hours in a 24 hour period must either provide
overnight accommodations for the full crew complement, or put the crew
ashore and be provided with a new crew. This latter method of operation
is usually done under an endorsement on the COI which allows reduced
manning for a vessel operating with a reduced crew for less than 12
hours in a 24 hour period. This section has been reworded to more
clearly express this intent.
Subpart H--Passenger Accommodations
Section 177.800 General Requirements
Two comments were received concerning the requirement in paragraph
(f) (now (e)) for the deck above a passenger accommodation space to be
above the deepest load waterline. As discussed under Sec. 177.700 of
this preamble, this requirement presently exists for passenger
accommodations under Sec. 72.25-10 of subchapter H. This requirement
allows a breathing space or air pocket in case of flooding. No change
has been made to the NPRM.
A new paragraph (d) of this SNPRM is being proposed to require
passenger accommodations to be arranged and equipped to provide for the
safety of the passengers, considering the route, modes of operation,
and speed of the vessel. The passenger accommodations on most vessels
are adequately arranged and outfitted. This new paragraph is added to
emphasize that special care must be taken in arranging and outfitting
passenger accommodations on certain vessels, such as DSC, which may be
subjected to high speeds or sudden changes in mode of operation.
Section 177.810 Overnight Accommodations
Several comments thought that the aisle widths specified in
paragraph (c) were too wide and took up too much room. These dimensions
were taken from existing requirements, and have worked well in the
past. No changes were made in the SNPRM.
Section 177.820 Seating
Many comments were received about subparagraph (d)(4), which
requires that, when using the fixed seating criteria, all seats used to
determine the number of passengers must be secured by permanent or
temporary means. Most of the comments thought that this requirement
prohibited moveable or portable chairs and tables. This interpretation
is incorrect. This requirement means a space which contains portable or
moveable chairs and tables for passenger seating, such as a dining
room, must have the passenger capacity of that space determined by the
length of rail or deck area criteria. No change was made to the NPRM.
Some of these comments wanted to know if the aisle widths for
moveable furniture should be determined with the chairs pushed in or
out. One comment suggested that the aisle widths should be determined,
with the chairs pushed in, to be at least 36 inches wide, to account
for people who are seated or seats which might be in the way. The Coast
Guard's position is that aisle widths should be 30 inches with the
chairs pushed out as far as they would normally be when being used.
Section 177.840 Washrooms and Toilets
Numerous responses were received stating: (1) The number of toilets
was not a safety issue and should not be regulated; (2) unisex toilets
should be allowed; and (3) passenger demands for comfort would self-
regulate this area. The Coast Guard agrees. This area is not regulated
on other means of transportation. This section has been deleted.
Section 177.900 Deck Rails
Numerous comments asked about the design criteria and
specifications for deck rails. The Coast Guard agrees that the
specifications in the NPRM may be ambiguous in some areas and too
specific in other areas, and has determined that a performance standard
would be better. The Building Officials and Code Administrators
International, Inc. (BOCA) National Building Code and the Standard
Building Code contain similar performance criteria for handrails. The
Coast Guard is proposing that all deck rails be designed and
constructed to withstand a point load of 200 pounds (91 kilograms)
applied at any point in any direction, and a uniform load of 50 pounds/
foot (74 kilograms/meter) applied to the top rail in any direction. The
point and uniform loads would not need to be applied simultaneously.
Paragraph (c)(4) of Sec. 177.900 in the NPRM proposes that a
temporary rail of at least 30 inches in height be installed in way of a
fixed seat used for fishing which is equipped with a restraining device
(seat belt) if it can be shown that a 36 inch high rail would interfere
with a person fishing from the seat. The proposed regulation was based
on current policy used by Coast Guard field units and a recent appeal
decision made by Commandant. The Coast Guard intended to ensure more
consistent application of existing Sec. 177.35-1(d) by deleting the
term ``sport fishing vessels'' and specifying when 30 inch rails would
be allowed.
Five specific comments on proposed subparagraph (c)(4) ((d)(4) in
this SNPRM) were received. Two comments requested that the existing
Sec. 177.35-1(d) be retained. One comment disagreed with classifying
``sport fishing'' vessels as only those vessels with fishing seats.
Another comment wanted clarification as to whether the proposal in the
NPRM would require 36 inch rails on all fishing vessels unless equipped
with a fixed fishing seat. Another comment stated a 30 inch rail height
should be allowed on sport fishing vessels in way of a cockpit or well
deck area. One writer knew of no accidents that would have been
prevented by 36 inch rails vice 30 inch rails. One writer noted that
``temporary rails'' and ``fixed seats used for fishing'' must be
defined while another questioned the need for ``temporary'' rails.
These comments indicate the need for clarification of the existing
requirement. A survey of Coast Guard field units indicated that about
50 percent of the units consider a ``sports fishing vessel'' to be any
vessel used to carry passengers on recreational fishing trips whereas
the remaining 50 percent of the units consider a sport fishing vessel
to be a vessel of cockpit design usually equipped with fighting chairs
for big game fishing. Available information indicates the original
intent of existing Sec. 177.35-1(d) was to allow the reduced rail
heights on low freeboard vessels, such as those with cockpits.
Regardless of how ``sport fishing vessel'' is defined, the controlling
factor in existing Sec. 177.35-1(d) is that the 30 inch rail height may
be permitted only if an owner can show that 36 inch rail heights would
interfere with the operation of the vessel.
Analysis of Coast Guard casualty data for the period 1981-1986
revealed two reportable man overboard casualties which may have been
prevented by higher rails on small passenger vessels engaged in
fishing. There were also three man overboard casualties on uninspected
vessels which may have had rails or bulwarks of only 30 inches in
height. Reportable casualties include only those where there was a
fatality or a person was incapacitated for a period in excess of 72
hours. It is probable that several people went overboard from small
passenger vessels engaged in fishing during the six year period, but
fortunately only two incidents necessitated filing marine casualty
reports due to injuries.
Because man overboard incidents would increase with low (30 inch)
rail heights, the only time when low rail heights are justified on a
small passenger vessel would be when the boat is used for big game
angling. Big game angling for fish like marlin and sailfish typically
requires the use of a fighting chair or other techniques which might
necessitate lower rails. Although it may be somewhat inconvenient for
some persons to fish next to 36 inch rails, the average height of
passengers dictates a minimum 36 inch rail height. If there are unusual
conditions, the provisions of proposed Secs. 175.540 or 175.550 could
be used.
In consideration of the comments received, proposed
Sec. 177.900(c)(4) ((d)(4) in this SNPRM) has been revised to clarify
that the minimum 30 inch rail height would only be allowed in way of a
person engaged in big game fishing when a 36 inch rail would interfere
with the techniques and equipment used, such as a pedestal mounted
fighting chair. This might mean that a 30 inch stern rail would be
allowed, but side rails might be required to be 36 inches high. The
cognizant OCMI would make this type of determination.
The specific provision for a fishing seat to be equipped with a
seat belt has been deleted since such seats are not normally equipped
with seat belts, although the safety of the person fishing near the
reduced rails must be specifically considered when an OCMI allows the
lower rail.
Special rail heights for vessels engaged in big game angling or the
discharge of persons or cargo in a seaway will not be applicable to
vessels proposed to be regulated by subchapter K. Therefore, these
provisions have not been included in proposed subchapter K.
Subpart J--Window Construction and Visibility
The proposed rule requires the use of shatterproof glass suitable
for a vessel's route, and requires adequate visibility from the
operating station. One comment suggested that custom builders who do
not use standard fittings and who have glass cut at local shops will
encounter additional costs because of the use of safer materials. The
Coast Guard agrees that some builders not presently building to the
proposed standards may have higher costs. However, most builders
already use standard sizes. Because the use of shatterproof glass is
safer, the proposed rule has not been changed.
One comment suggested adding a section to prevent vertical sliding
windows from falling down. The comment was familiar with one casualty
in which a child was hurt by a sliding window. The Coast Guard has
insufficient casualty data to warrant such a specific provision. The
OCMI has the authority to prevent generally unsafe conditions, such as
windows which may pose a hazard. The rule proposed in the NPRM has not
been changed.
Section 177.1020 Strength
The proposed rule requires that windows and their attachments be
capable of withstanding expected environmental forces, and reflects a
``suitable for service'' approach in lieu of a specific structural
standard. This section applies to windows or viewing ports which are
below and above the waterline. One comment stated that the proposed
rule clarifies existing policy and should be retained. Three comments
suggested using a more specific definition of window strength or
including a criterion or standard, such as the International Standards
Organization (ISO) or the British Standards Institute. Two of these
comments suggested guidance be placed in a NVIC or the MSM. Two other
comments suggested a formula or industry standard in lieu of the
undefined maximum load called for in the proposed rule. The Coast Guard
disagrees. A comparison to window designs on vessels with satisfactory
service will identify those vessels with windows which need to be
structurally evaluated. The general nature of the proposed rule is
sufficient until such time as suitable window standards are developed.
The Coast Guard will consider publishing such guidelines in the MSM or
in a NVIC. The rule proposed in the NPRM has not been changed.
One comment suggested window strength requirements were not needed
for vessels on protected waters such as routes encompassing Great Lakes
harbors and rivers. The Coast Guard disagrees because the proposed rule
only requires that the window strength be ``suitable for the service''
and does not impose a specific structural standard. The rule proposed
in the NPRM has not been changed.
Part 178--Intact Stability and Seaworthiness.
The rules proposed in this part return stability requirements for
small passenger vessels of not more than 65' to subchapter T. In 1984
these requirements were placed in subchapter S to have stability and
subdivision requirements for all types of vessels in one subchapter. In
response to small passenger vessel operator and owner concerns, the
Coast Guard determined that it would be easier for owner/operators of
small passenger vessels of not more than 65' to have to deal with only
one set of regulations. Stability and subdivision requirements for
small passenger vessels of not more than 65' were moved back to
subchapter T in the NPRM.
Two comments specifically supported moving the stability and
subdivision requirements into subchapter T with one comment stating
that the stability requirements for all small passenger vessels should
be in subchapter T. Three comments objected to putting the stability
and subdivision requirements into subchapter T believing that the
present organization, with stability and subdivision for all types of
vessels in subchapter S, would facilitate use by designers and simplify
future changes. Another comment said that this would require designers
to cross reference subchapters T and S. The Coast Guard has determined
that the location of stability and subdivision requirements for small
passenger vessels proposed in this SNPRM is the best arrangement
considering all users. As proposed in the NPRM, part 178 of this SNPRM
contains regulations on intact stability and seaworthiness. Part 179
regulates subdivision, damage stability, and watertight integrity.
Subchapter K does not contain parts on stability and subdivision but
instead requires compliance with subchapter S. Subchapter K does
contain requirements for drainage and watertight integrity of weather
decks in part 116, subpart K. Designers and naval architects are much
better equipped to handle the use of two subchapters for stability
requirements than a greater number of owners who may not be able to
find the applicable requirements in subchapter S. The NPRM has not been
changed based on these comments.
In this SNPRM, the simplified stability and subdivision
requirements which most vessels carrying not more than 150 passengers
or with overnight accommodations for not more than 49 passengers can
use are proposed to be located in subchapter T because of the
comparative ease of use and need which owners of small passenger
vessels have for a self-contained subchapter. The stability and
subdivision requirements for vessels to be regulated by subchapter K
are retained in subchapter S because of their greater complexity.
One comment suggested including requirements for catamarans,
trimarans, and submersibles. As discussed above under part 177,
specific standards have not been developed for multihulls. The current
policy for submersibles is not sufficiently tested to place it into the
regulations. The rule proposed in the NPRM has not been changed.
Section 178.220 Stability booklet
The proposed rule requires review of stability booklets by the MSC.
One comment suggested referencing subchapter S in lieu of referencing
Sec. 170.110. The Coast Guard agrees because a general reference is
equivalent but will not become outdated as subchapter S is changed over
time. The rule proposed in the NPRM has been changed to incorporate the
comment.
Section 178.230 Stability Letter or Certificate of Inspection
Stability Details
The proposed rule specifies general information that must be
located on the document the operator refers to for stability
information. One comment suggested adding ``or freeboard'' to paragraph
(b) ((b)(2) in this SNPRM). The Coast Guard agrees. It is standard
practice to refer to freeboard if the vessel does not have draft marks
or a load line. The rule proposed in the NPRM has been changed to
incorporate the comment.
One comment suggested the possible use of the word ``doors'' in
lieu of the word ``openings'' in paragraph (c) ((b)(3) in this SNPRM).
The Coast Guard disagrees. Although the normal openings in watertight
bulkheads are doors, there might be other openings, such as galley
service windows. The rule proposed in the NPRM has not been changed.
One comment suggested paragraph (d), ((b)(4) in this SNPRM), is too
vague and should require identification of the actual subdivision
bulkheads. The Coast Guard agrees. The specific identification of the
actual bulkheads has been standard practice at the MSC since 1986, as a
result of recommendations made by the NTSB after the MISSISSIPPI QUEEN
casualty in 1985. The rule proposed in the NPRM has been changed to
incorporate the comment.
One comment stated paragraph (e), ((b)(5) in this SNPRM), appears
incorrect because openings considered closed for the stability analysis
are presently put on the stability letter. The Coast Guard disagrees.
The intent of the requirement is to include in the stability letter
those openings in watertight bulkheads which the operator should ensure
are closed to limit flooding, such as watertight doors. The SNPRM has
been changed to clarify the requirement.
One comment suggested adding the word ``type'' in paragraph (f)
((b)(6) in this SNPRM). The Coast Guard agrees because this provision
will make the description of fixed ballast more accurate. The NPRM has
been changed to incorporate the comment.
One comment suggested adding a new paragraph (i) to read ``maximum
weight of primary lifesaving appliances and their exact location in the
vessel.'' The Coast Guard disagrees. Although some owners move these
and similarly heavy items without concern for stability, most owners do
not. Also, stability letters and booklets routinely contain a provision
that when any weights are shifted or modifications made to the vessel,
the OCMI must be notified. The rule proposed in NPRM the has not been
changed to incorporate the comment.
Subpart C--Intact Stability Standards
As previously discussed with proposed Sec. 171.035, the Coast Guard
is proposing to retain existing Sec. 171.035 as new Sec. 178.325, which
would allow certain sailing vessels the option of passing a simplified
stability proof test instead of meeting subchapter S stability
criteria. Some restrictions concerning cockpit length and downflooding
were added and were previously discussed with proposed Sec. 171.035. In
order to retain this section, it was necessary to modify the wording of
paragraphs 178.310(a) and (b) and to insert a new paragraph 178.330(e).
Section 178.310 Application Based on Length, Passenger Capacity, and
Propulsion
The NPRM states which vessels must comply with subchapter S and
which vessels may perform a simplified stability proof test. Two
comments suggested the proposed rules should require full stability
tests, including hydrostatics and stability calculations, for all small
passenger vessels regardless of size. The Coast Guard disagrees because
the simplified (proof) test and deadweight surveys in combination with
safely assumed vessel vertical center of gravity (VCG) have been
satisfactorily used for many years. No change was made to the rule
proposed in the NPRM.
One comment suggested that in lieu of requiring a full stability
review under subchapter S, OCMIs should be allowed to accept the
designers' calculations on vessels with more than one deck above the
bulkhead deck, in an effort to minimize MSC workload. A simplified
proof test could be used to verify the calculations. The Coast Guard
disagrees. The MSC must check compliance with subchapter S. Small
passenger vessel stability and subdivision is a category of work which
is important enough that the Coast Guard has no intention of delegating
review. No change was made to the rule proposed in the NPRM.
One comment suggested the three categories in paragraph (a) should
be simultaneous conditions. The Coast Guard disagrees. Each of these
three categories is intended to require a vessel to meet the stability
criteria of subchapter S. The rule proposed in the NPRM has been
changed in this SNPRM to clarify this. Paragraph (a)(1) is no longer
applicable because of the split between subchapters T and K, and has
been deleted.
One comment suggested revising paragraphs (a)(3) and (b)(5) to read
passenger deck versus deck. The Coast Guard disagrees because of the
concern with multiple levels of structure as well as multiple levels
accessible to passengers. A vessel with two or more decks above the
bulkhead deck can have a high enough metacentric height to pass
criteria for initial stability but lack stability at higher angles of
heel. The rule proposed in the NPRM has not been changed.
Section 178.320 Intact Stability Requirements for Mechanically
Propelled and Non-Self-Propelled Vessels
The proposed rule identifies which type of procedures would be used
on those vessels allowed to meet simplified stability criteria. Two
comments suggested defining a pontoon vessel or making reference to
Figure 178.340(f). The Coast Guard disagrees because the paragraph
already refers to proposed Sec. 178.340. The rule proposed in the NPRM
has not been changed.
One comment suggested including examples of how stability can be
ascertained without the proof test on vessels carrying not more than 49
passengers. The Coast Guard disagrees because any list of examples will
remove the intended flexibility. The Coast Guard's intention is that
OCMIs will continue to compare vessels to similar vessels with
satisfactory service rather than require a specific test. Vessels of a
new design first operating in the area would have to undergo at least
the simplified stability proof test. The rule proposed in the NPRM has
not been changed.
One comment suggested adding a limitation to the proposed rule that
would force any vessel carrying deck cargo to perform a test, even if
carrying not more than 49 passengers. The Coast Guard agrees because
small passenger vessels carrying deck cargo cannot be compared to other
types of vessels such as those that carry only deck cargo. Paragraph
(c) has been revised in this SNPRM.
One comment suggested prohibiting the use of ballast water to meet
any stability criteria because masters are not tested for competency in
stability and because most small passenger vessel stability guidance is
provided as simple instructions in a letter. The Coast Guard agrees in
principle. Proposed Sec. 178.510 of the NPRM incorporated the comment.
However, some vessels, especially SWATH (small waterplane area twin
hull) designs, must have water ballast systems to safely operate.
Masters of these vessels receive special training in ballast system
operation. Section 178.510 of this SNPRM proposes that water ballast
systems must be approved by the Marine Safety Center.
Section 178.325 Intact Stability Requirements for a Sailing Vessel
This is a new section which contains requirements similar to those
in existing Sec. 171.035 of subchapter S. This newly proposed section
is discussed earlier in this preamble under Sec. 171.035.
Section 178.330 Simplified Stability Proof Test
The proposed rule contains all of the procedures for conducting the
basic intact stability test for small passenger vessels. One comment
suggested including the \1/4\ freeboard submergence proof test, which
forecasts the results of completing the test with the required heeling
moment. The Coast Guard disagrees. In general, the effect of applying
an increasing heeling moment may not be linear. Such a test has value
in reducing the labor necessary if the test is being performed to
explore the vessel's stability and can be used as an indicator if
special uncommon circumstances exist. No change has been made to the
rule proposed in the NPRM.
One comment suggested including primary lifesaving equipment in
subparagraph (c)(4) as a weight to be simulated if the equipment is not
present. The Coast Guard agrees because such gear is easy to forget at
the time of vessel delivery. This type of equipment may not be aboard
until final outfitting is completed. The rule proposed in the NPRM has
been changed to incorporate the comment.
One comment suggested revising the center of gravity to 1 meter to
make the value consistent with international practice. The Coast Guard
disagrees. A value of 2.5 feet is consistent with existing regulations
and is a standard that has been used successfully for decades. Vessels
using this test are not qualified to make international voyages with
more than 12 passengers. The rule proposed in the NPRM has not been
changed.
One comment suggested allowing the vertical center of gravity of
the weights simulating passengers be 1.5 feet above the deck, so that
55 gallon drums can be used without stacking them on top of each other
and creating an unsafe condition. The Coast Guard disagrees because the
purpose of the test is to test the vessel in its worst operating
condition. Alternatives to stacking 55 gallon drums are available. The
rule proposed in the NPRM has not been changed.
One comment suggested revising paragraph (g) to start ``When
demonstrating compliance with paragraph (e) of this section, the
freeboard must be measured with all test loads aboard and the effects
of trim and heel minimized, as follows * * *''. The Coast Guard
disagrees because paragraph (c) specifies these conditions. The rule
proposed in the NPRM has not been changed.
One comment suggested subparagraphs (e)(1) and (e)(2) should refer
to Secs. 178.420(b) and 178.430(d) to indicate that a vessel having
less than 10 inches of freeboard when fully loaded will have to comply
with subchapter S. The Coast Guard does not agree the 10 inch freeboard
requirement needs to be repeated in this section. As discussed below,
revision of the worksheet form used for the simplified stability test
will include a note to check that there is at least a 10 inch freeboard
when the vessel is fully loaded and in a condition of normal trim. The
rule proposed in the NPRM has not been changed.
One comment suggested continuing the use of the old Coast Guard
worksheets and believed the proposed rule might lead to other less
effective forms. Another comment stated the old Coast Guard work sheet
should be modified if the proposed changes are made. The regulations do
not presently require the use of any specific form or worksheet for
stability calculations. However, under the present policy the existing
Coast Guard form (CG-4006) is used by Coast Guard marine inspectors and
will require revision when these rules become final. This revision will
include a note to check that there is at least a 10 inch freeboard when
the vessel is fully loaded (using test weights) and in a condition of
normal trim. The rule proposed in the NPRM has not been changed.
One comment suggested allowing full freeboard immersion for sailing
vessels, as with proposed Sec. 170.170. The Coast Guard agrees because
the design of the buoyant volume of typical sailing vessels is similar
for vessels under and over 65 feet in length. New Sec. 178.330(f)(5)
has been added to this SNPRM to permit a flush deck sailing vessel to
submerge up to the full freeboard in lieu of half the freeboard.
One comment suggested that the words ``acceptable manner'' in
paragraph (h) could be interpreted to mean the total weight must be
loaded and unloaded to prove compliance. The Coast Guard agrees that
this is the intent of this requirement. The rule proposed in the NPRM
has not been changed.
One comment suggested incorporating the passenger density proposed
in Sec. 171.050 to account for rail crowding. The Coast Guard disagrees
because this test has proven sufficient for many years. The rule
proposed in the NPRM has not been changed.
Section 178.340 Stability Standards for Pontoon Vessels on Protected
Waters
The proposed rule requires a transverse and longitudinal moment
proof test for pontoon vessels with two pontoons. One comment suggested
that stability of pontoon vessels is already covered in the MSM. The
rule proposed in the NPRM incorporated information which is in the MSM.
Coast Guard intent is to include existing policy in the regulations
whenever appropriate. The rule proposed in the NPRM has not been
changed.
One comment requested an explanation of the proposed requirement in
paragraph (a), which states that the deck accessible to passengers must
not extend past the outboard edge of either pontoon. The Coast Guard
finds this provision necessary to prevent possible capsizing as the
passenger heeling moment exceeds the righting moment of the vessel.
Although an infrequent problem, the possibility of capsizing exists and
the only way to ensure safety on pontoon vessels is not to permit
overhang. Rails or bulkheads preventing passenger movement will be
satisfactory to meet this requirement. The rule proposed in the NPRM
has not been changed.
One comment suggested precluding passenger access beyond the fore
and aft ends of the pontoons, as well as outboard of the pontoons. The
Coast Guard agrees because, although envisioned as less of a potential
problem than passengers outboard of a pontoon, it is possible that
seesawing could lead to pitchpoling. The rule proposed in the NPRM has
been changed to incorporate the comment. Rails or bulkheads preventing
passenger movement will be satisfactory to meet this requirement also.
One comment suggested rewording the survival criteria to show a
loss of not more than one-half of the freeboard area existing before
the weight shift, versus having more sectional area remaining than was
submerged. The Coast Guard disagrees. The comment merely addresses
semantics. The proposed wording and figure clearly demonstrates the
concept. The rule proposed in the NPRM has not been changed.
Since the NPRM was published, ABYC has published specification H-
35, ``Powering and Load Capacity of Pontoon Boats''. This specification
provides guidelines, instructions, and pass/fail criteria for a
stability test. It includes vessels with more than two pontoons and
more than one deck. The Coast Guard solicits comments on the usefulness
of this standard for use on inspected small passenger vessels.
Subpart D--Drainage of Weather Decks
The rules proposed in the NPRM require a specific size drainage
area to allow boarding seas to flow overboard. One comment suggested
that the proposed rules clarify existing policy and regulations and
therefore should remain as proposed. The Coast Guard agrees. Many of
the requirements proposed in the NPRM repeat existing regulations.
Corrections to the NPRM have been made as discussed below. Because of
the changes to the cockpit drainage requirements discussed under
Sec. 178.420 and the changes to the drainage calculation formula
discussed under Sec. 178.450, the Coast Guard is soliciting comments
concerning whether freeing ports, which are required on well deck
vessels, can be used on cockpit vessels, or if cockpit vessels should
be required to have scuppers.
In general, there is no need to have a part in subchapter K which
corresponds to part 178 in subchapter T. However, there is a need for
requirements concerning drainage and watertight integrity. Therefore,
proposed subchapter K contains subpart K, part 116, ``Drainage and
Watertight Integrity'', which contains the same requirements as
Secs. 178.410 to 178.450 and Sec. 179.360 of proposed subchapter T.
Proposed Sec. 116.100(b) will allow compliance with subpart K in lieu
of meeting requirements in Secs. 171.124 through 171.155 of subchapter
S.
Section 178.420 Drainage of Cockpit Vessels
The NPRM contains specific requirements for the amount and method
of drainage of cockpit vessels. One comment suggested removing the term
``freeing port'' from paragraph (d). The Coast Guard agrees. Freeing
ports are not associated with cockpit vessels in the existing
regulations nor should they be in the proposed rule. Cockpits are
usually much smaller than wells and retain a lesser volume of water,
reducing the free surface effect. When using the simplified stability
proof test, requirements are also different for cockpit vessels because
of the way freeboard is measured and freeboard immersion is calculated.
Because of this, cockpit vessels are required to have less drainage
area than well deck vessels under the existing regulations.
Along with this is the concept that cockpits are drained by
scuppers, while well decks are drained by freeing ports. The
arrangement of each vessel is different, but in general, the cockpit
sole of a cockpit vessel is closer to the level of the waterline than
the deck of a well deck vessel, with a greater possible need for non-
return closures. The term ``self-bailing'' is used in existing
Sec. 171.145(b), when referring to a cockpit. Although not used or
defined in the NPRM, self-bailing generally implies a passive means by
which a vessel frees itself of water via scuppers which are sometimes
fitted with non-return valves. The non-return valves do not allow water
back into the vessel. To maintain the concept of a cockpit with
scuppers for drainage, paragraph (d) has been revised in this SNPRM to
specifically require self-bailing cockpits. ``Self-bailing cockpit'' is
now defined in proposed Sec. 175.400 of this SNPRM. Cockpits which have
decks lower than 10 inches above the deepest load waterline must have
the scuppers fitted with non-return valves.
Section 178.430 Drainage of Well Deck Vessels
The NPRM contains specific requirements for the amount and method
of drainage of well deck vessels. Compared to the scuppers required to
drain cockpits, freeing ports found on well deck vessels are typically
required to be much larger in area, to quickly ``free'' the deck of
large amounts of water shipped aboard during heavy weather. This
prevents the weight and movement of the water within a well, which is
larger than a cockpit and could contain more water, from adversely
affecting stability. Because of the differences in design and
arrangement of well deck vessels and cockpit vessels, and because of
the difference in stability requirements (as discussed under
Sec. 178.420), well deck drainage does not need to be restricted to
freeing ports. Scuppers would perform adequately. Because of the large
drainage area requirements for some vessels operating on partially
protected or exposed waters, practicality will limit the use of
scuppers. However, the owner or designer of a vessel operating on
protected waters (where the drainage area requirements would be the
same for cockpit and well deck vessels) might prefer to use scuppers
instead of freeing ports. This SNPRM allows the use of scuppers or
freeing ports for drainage of well deck vessels.
One comment suggested that paragraph (b) should not give owners the
option of two drainage requirements. The Coast Guard disagrees. This
requirement gives the option of having additional survivability
features as a tradeoff for a smaller drainage area. It exists in the
current regulations. The rule proposed in the NPRM has not been
changed.
One comment suggested that confusion exists because the stability
criteria required by paragraph (b)(2) as a tradeoff for a smaller
drainage area are not applicable to vessels which carry not more than
49 passengers. The Coast Guard does not agree that there should be any
confusion. The higher criteria required by this paragraph are
performance standards which are required for a special drainage
allowance, regardless of the number of passengers carried. In this
instance, they are not being used as required stability criteria for
certain vessels. The rule proposed in the NPRM has not been changed.
Section 178.450 Calculation of Drainage Area
The NPRM contains the formula to be used to determine the drainage
area of cockpit and well deck vessels. The formula accounts for route,
freeboard, bulwark height, and superstructures which exclude water
volume. As discussed in the NPRM, the Coast Guard is concerned about
the rapid clearing of water taken onto the weatherdeck. One comment
suggested making the calculation simpler by putting required drainage
area into chart form. The Coast Guard disagrees. Any chart or table
which could be devised would require interpolation, whereas the formula
provides direct calculation of the area. Any given vessel will need
only one series of calculations. The rule proposed in the NPRM has not
been changed.
One comment did not understand the formula and suggested the volume
factor refers only to cockpit vessels. The Coast Guard disagrees. The
volume factor is a constant for some vessels but a formula for other
vessels and is applicable to all well deck and cockpit vessels.
One comment pointed out that the factor ``f'' was determined in
Sec. 178.330, not the factor ``b''. This error has been corrected.
One comment suggested that ``meeting the requirements of
Sec. 179.360'' be inserted in the definition of the factor ``H'' after
``weathertight superstructure''. This would more clearly require that
all areas excluded from the total deck area have watertight coamings in
accordance with Sec. 179.360, which was the intent of this requirement.
The rule proposed in the NPRM has been changed.
One comment suggested requiring less drainage, especially in
restricted operating areas, because few vessels sink due to a lack of
drainage. The Coast Guard disagrees. Improper deck drainage has been a
contributing cause to some vessel sinkings.
One comment suggested that freeing port area (in square inches)
should be 15, or some other appropriate constant, times the volume of
water which can be trapped (in cubic feet). The Coast Guard disagrees.
Drainage should be a function of factors such as the type of vessel,
route, freeboard, and bulwark or cockpit height.
Two comments suggested making the drainage area the same for
exposed waters as for partially protected waters due to similar
operating conditions which can be experienced while in these sets of
waters. The Coast Guard agrees that vessels are sometimes operated on
the more exposed portions of routes for which they were designed, but
not originally planned to be operated. As an example, a vessel can be
subjected to severe seas for a longer period of time when it is not
close to a harbor of safe refuge (but within 20 miles of shore,
therefore qualifying for a partially protected route) than it would if
operated one to three miles offshore. A distinction has always existed
between exposed and partially protected waters. The existing
regulations have drainage requirements which are much greater for
exposed routes than for partially protected routes. The formula
proposed in the NPRM attempts to smooth out the amount of required
drainage area, reducing the step effect and providing more balanced
drainage requirements. The rule proposed in the NPRM has been changed
as discussed below. These changes also make the formula easier to use.
The drainage area formula has been adjusted slightly to equalize
the drainage area requirements for well deck and cockpit vessels with
wells/cockpits which are near the same size. This change has made
Sec. 178.430(b)(3) unnecessary, and it has been removed in this SNPRM.
The drainage calculation formula has also been changed to reflect
higher drainage requirements based on a vessel's propensity to ship
water. Vessels with lower freeboards or which are operated on more
severe routes have a need for more drainage than vessels with higher
freeboards operated on protected routes, because they will be exposed
to situations where they can easily ship large amounts of water. The
highest impact will be on small, low freeboard vessels (typically
cockpit vessels) operated on exposed or partially protected routes.
Vessels on protected routes will not be affected. Builders and
designers will notice that, because of the deck exclusion provision in
the proposed formula, the amount of drainage area for a well deck
vessel on an exposed or partially protected route will generally be
less than that required by the existing formula, depending on its
freeboard and bulwark height.
Under Secs. 178.420 and 178.430 of this SNPRM, the requirements to
have scuppers to drain a cockpit vessel and to have freeing ports to
drain a well deck vessel are clearly differentiated. However, the Coast
Guard is open to comments on the merit of not specifically requiring a
drainage method and allowing the designer, builder, owner, or operator
to choose the method (scuppers or freeing ports), as long as the
required drainage area is provided. The Coast Guard solicits comments
on this concept.
Section 178.510 Fixed Ballast
In general, there is no need to have a part in subchapter K which
corresponds to part 178 in subchapter T. However, there is a need for
requirements concerning ballast and ballast systems. Therefore,
proposed subchapter K contains subpart L, part 116, ``Ballast
Systems'', which contains the same requirements as Sec. 178.510 of
proposed subchapter T.
The proposed rule prohibits the use of liquid ballast if necessary
to meet the stability requirements applicable to that particular
vessel. Any optional ballast, including water ballast systems, may be
added. However, the designer must show that throughout the range of all
possible operating conditions, from full to empty ballast tank(s), the
vessel will still meet all applicable stability criteria. Two comments
suggested adding liquid ballast as an option due to its ability to
compensate for a wide variety of service conditions. The comment added
that its use should not be precluded because of operator error, which
can occur under any circumstances with any system. The Coast Guard is
concerned with actions which may be taken by the crew or master of a
small passenger vessel because of a lack of knowledge concerning
ballast procedures and/or basic stability fundamentals. Small passenger
vessel masters are not required to, and most often do not, understand
this subject. Experience has shown that some operators show wanton
disregard for stability instructions on the use of liquid ballast.
In the past, the installation of fixed ballast has not proven to be
difficult or overly restrictive for vessel loading and operation.
Increasingly, novel vessel designs, such as catamarans, SWATHs, and
DSC, have needed active water ballast systems to adjust draft, list or
trim, while other vessels have used them as a means of tonnage
exemption. The Marine Safety Center and Commandant have approved some
active water ballast systems on a case by case basis. Permanent water
ballast has also been accepted to meet specific stability requirements.
Fixed (or permanent) water ballast does not qualify for tonnage
exemption.
Current policy for active water ballast requires the designer to
show that throughout the range of all possible operating conditions the
vessel will still meet all applicable stability criteria. Ballast
loading restrictions, which incorporate simple restrictions, must be
included in the stability letter which is issued. Professional
competence of masters and crew members, as well as ballast system
design and operation, are of particular concern. The owner or operator
should be prepared to satisfy the OCMI that the crew is trained in the
critical nature and proper operation of the system. Training may be
required by the OCMI as well as an endorsement on the COI requiring an
endorsement on the master's license authorizing service on a particular
vessel or class of vessels. This section has been revised to
incorporate case-by-case approval of water ballast systems.
One comment suggested the ballast limits recommended in NVIC 5-82,
``Fixed Ballast'', should be included in the regulations. The Coast
Guard disagrees because the details in NVIC 5-82 are merely guidance
and are inappropriate for the regulations. The rule proposed in the
NPRM has not been changed.
Part 179--Subdivision, Damage Stability, and Watertight Integrity
Requirements
The NPRM returns subdivision and watertight integrity standards to
subchapter T after being located in subchapter S since 1984. One
comment suggested adding a new subpart that would require vessels less
than 20 feet, most of which are outboard motor propelled and do not
comply with part 179, subpart B, to meet the level flotation
requirements for outboard boats in 33 CFR part 183, subpart G or H. The
comment further suggested that similar standards could be required for
vessels over 20 feet in length. The Coast Guard agrees with the intent
of this suggestion but is not changing the rule proposed in the NPRM.
The proposed rule was written with a graduated scale of requirements
depending on a vessel's size, number of passengers, and route. The
suggested requirement would be out of concert with this scale,
requiring very small vessels to meet a higher standard than larger
vessels carrying more passengers. Casualty data does not show any
significant problems for vessels 40 feet or less in length. Many OCMIs
do not certificate vessels this small on oceans or coastwise routes
without a close look at items such as flotation and lifesaving
equipment. Under proposed Sec. 175.540, an owner may propose the
flotation test required for recreational craft by 33 CFR part 183 as an
equivalent or alternative to other requirements.
Section 179.210 Collision Bulkhead
The proposed rule establishes which vessels must have a collision
bulkhead. One comment suggested requiring a collision bulkhead on
vessels which operate on exposed waters on the Great Lakes since they
are exposed to the same hazards as vessels operating on coastwise
routes. The Coast Guard disagrees. Although prudence indicates a
collision bulkhead should be installed on all vessels, casualty data
does not justify adding such a requirement to the current regulations.
The rule proposed in the NPRM has not been changed.
One comment suggested rewording paragraph (b) to be more clear by
specifying vessels operating on exposed waters as a category and
vessels of more than 40 feet in length operating on partially protected
waters as categories. The Coast Guard agrees. All oceans routes are
exposed and the provision concerning vessels not more than 40 feet in
length is limited to partially protected waters in the existing
regulations. The rule proposed in the NPRM has been changed to
incorporate the comment.
Section 179.212 Watertight Bulkheads for Subdivision
The proposed rule establishes which vessels must have watertight
subdivision bulkheads. One comment supported subdivision requirements,
especially on new vessels, and suggested that the installation of
subdivision bulkheads should be accepted as a cheaper alternative to
inflatable liferafts. The Coast Guard concurs and is proposing in this
SNPRM that vessels of not more than 65 feet in length carrying not more
than 49 passengers may voluntarily meet certain subdivision
requirements in return for a reduction in the lifesaving equipment
requirements. Part 180 of this preamble discusses this alternative.
One comment suggested a one compartment standard of damage
stability for new vessels of all sizes on all routes. The Coast Guard
agrees that prudence dictates that all vessels should meet a one
compartment standard. The existing and proposed one compartment
standard of subdivision for small vessels has no damage stability
provision to ensure that a flooded vessel will stay upright. The Coast
Guard is proposing in this SNPRM that vessels of not more than 65 feet
in length with overnight accommodations for not more than 49 passengers
may voluntarily meet certain subdivision requirements in return for a
reduction in the lifesaving equipment requirements. Part 180 of this
preamble discusses this alternative.
Section 179.240 Foam Flotation Material
The rule proposed in the NPRM returns existing requirements on foam
used for flotation to subchapter T from 46 CFR subchapter S, and limits
the use of foam flotation to small vessels. One comment stated 33 CFR
183.114 deals with absorption of petroleum products and has nothing to
do with ignition resistance. The Coast Guard agrees. However, for the
purposes of the NPRM, 33 CFR 183.114 applies only to those spaces that
are not free of ignition sources where foam flotation that had absorbed
petroleum products would constitute a fire hazard. The rule proposed in
the NPRM has not been changed.
Two comments suggested permitting the use of foam flotation on all
lengths of vessels, especially on FRP vessels, to provide buoyancy. The
comments also suggested that the use of foam flotation would help
vessels meet subdivision standards. The Coast Guard does not agree that
the proposed rule should be changed. Although foam flotation installed
to the specifications in the proposed rule will augment subdivision,
foam installation generally tends to aggravate maintenance problems by
restricting access. A vessel designed without foam flotation is much
easier for the owner to maintain and the Coast Guard to inspect.
Removal of foam flotation, a major undertaking, may be required
periodically for hull inspection. Also, casualty statistics do not
indicate that vessels designed and operated within the constraints of
the regulations have inadequate buoyancy.
One comment suggested foam flotation deteriorates with age and
inspection plates should be provided to permit periodic sampling to
determine the density and condition of the material. The Coast Guard
agrees there is a need to periodically ascertain the condition of the
foam flotation. Installations of foam flotation vary in detail and
adequate inspection requirements are best determined on a case-by-case
basis. The rule proposed in the NPRM has not been changed.
Section 179.310 Collision Bulkheads
The proposed rule establishes the vertical extent and longitudinal
locations acceptable for collision bulkheads. Two comments suggested
rewording paragraph (a)(1) to say ``the weather deck, or the first deck
above the bulkhead deck, whichever is lower'', because the proposed
wording could be interpreted to mean a vessel must have a deck above
the bulkhead deck, prohibiting flush deck vessels. The Coast Guard
agrees. It was not the intent to exclude flush deck vessels and the
suggested wording is clearer. The rule proposed in the NPRM has been
changed to incorporate the comment.
One comment suggested that requiring the collision bulkhead to
extend to the bulkhead deck is unreasonable and unnecessary and that
other provisions which establish equivalent safety should be permitted.
The Coast Guard disagrees. This provision has been in the existing
regulations for decades. The HERALD OF FREE ENTERPRISE disaster in
1987, where hundreds died, showed the hazard of trapping water in the
superstructure through an open bow with no collision bulkhead. Proposed
Sec. 175.540 provides for equivalents, which might include
demonstrating by calculation that a vessel can survive with water in
the superstructure. The rule proposed in the NPRM was not changed.
One comment suggested rewording paragraph (a)(1) to state ``exposed
waters'' rather than ``other than all other waters.'' The Coast Guard
agrees. The proposed rule reproduced the existing requirement in
Sec. 171.085. The existing requirement requires the collision bulkhead
to extend to the weather deck on all small passenger vessels. However,
the size of small passenger vessels has continued to increase and the
Coast Guard now considers the requirements applicable to a vessel
inspected under subchapter H appropriate. The rule proposed in the NPRM
has been changed to require the collision bulkhead to extend to the
weather deck, or the first deck above the bulkhead deck, whichever is
lower, for service on oceans or coastwise routes.
One comment suggested not limiting the longitudinal location if
subdivision standards are met and using the same limitations for small
passenger vessels as for large passenger vessels (regulated by
subchapter H). The Coast Guard agrees in part. The forward position was
determined from casualty data, which show that a bulkhead forward of
that position will often be breached in a collision. For 2 years Coast
Guard policy has been to remove the aft (15 per cent) limitation if a
vessel meets the subdivision standards. Since this change affects all
vessel types, the Coast Guard is pursuing the change in a regulation
project, entitled ``General Revisions to Stability Regulations'' (CGD
89-038), that will update subchapter S. The rule proposed in the NPRM
has not been changed.
Three comments noted that the longitudinal position of the
collision bulkhead is not stipulated, in paragraph (b), for vessels of
not more than 65 feet in length. Another comment suggested changing the
cutoff requirement for longitudinal location of the collision bulkhead,
in paragraph (b), to more than 49 passengers versus more than 150, to
provide consistency with proposed Sec. 179.210, which establishes which
vessels must have a collision bulkhead. As proposed in this SNPRM, the
following vessels must have a collision bulkhead: a vessel of more than
65 feet in length; a vessel of not more than 65 feet in length which
carries more than 49 passengers or which operates on exposed waters;
and a vessel of more than 40 feet in length which operates on partially
protected waters. The Coast Guard agrees with the comments, and is
revising the SNPRM to require that all vessels which must have a
collision bulkhead in compliance with Sec. 179.210 must also comply
with the location requirement in Sec. 179.310(b). The rule proposed in
this SNPRM is essentially the same as the existing requirements in
subchapter S. However, industry input indicates that this proposed
location requirement adversely affects the use of interior space.
Casualty data shows that a collision bulkhead further forward, as many
small passenger vessel owners prefer, may not be effective in a
collision. The Coast Guard solicits more comments on vessels which
should be required to have a collision bulkhead.
One comment suggested permitting the collision bulkhead to follow
cant frames to achieve watertight integrity on old wooden vessels. The
Coast Guard disagrees. In general, the concept of a one compartment
standard of subdivision is based on plane bulkheads. The equivalency
provision in proposed Sec. 175.540 could accommodate non-plane
collision bulkheads provided all sections of the bulkhead were
acceptably located. The rule proposed in the NPRM has not been changed.
One comment suggested the 15 percent limit does not satisfy SOLAS
requirements for some vessels and might preclude international service
at some time. The Coast Guard agrees that it is possible to have a
situation exist where the placement of the collision bulkhead meets
SOLAS, but does not comply with subchapter T because the 15% limit has
been exceeded. However, it is possible to build a vessel to meet both
SOLAS and subchapter T if planned and built accordingly. It is the
owner and operator's responsibility to have the vessel properly
designed and built if international voyages are ever a possibility. The
rule proposed in the NPRM has not been changed.
Section 179.320 Watertight Bulkheads
The proposed rule requires plane bulkheads of adequate strength
with a minimum of penetrations. One comment suggested rewording the
proposed rule to clarify that it applies only to bulkheads required by
proposed part 179. The Coast Guard agrees because the proposed section
has no applicability clause like other sections in proposed subpart C.
The rule proposed in the NPRM has been changed to incorporate the
comment.
Section 179.330 Watertight Doors
The proposed rule addresses where watertight doors may be used and
the alarms and closing devices for such doors. Watertight doors impose
a safety hazard, especially on small vessels. Most small vessels are
designed to a one compartment standard of subdivision. One door
inadvertently left open when an adjacent space is damaged will often
lead to foundering. One comment specifically concurred with allowing
watertight doors which provide access to machinery spaces. The Coast
Guard is proposing to allow watertight doors between machinery spaces
and accommodations because the heat, noise, and smell will normally
provide a sufficient incentive for crew and passengers to keep these
doors closed. The rule proposed in the NPRM has not been changed.
Two comments suggested the proposed rule does not give clear
guidance to OCMIs on when watertight doors would be allowed, and
recommended omitting the OCMI's discretion. The Coast Guard disagrees
with the former and agrees with the latter. The Coast Guard recently
revised its policy concerning watertight doors. The new policy removed
almost all OCMI discretion and allows doors only to machinery spaces,
except on vessels serving the offshore oil industry. If a vessel in oil
and mineral service changes to passenger service, all watertight doors
which do not comply with this new policy must be removed or closed and
permanently sealed. This policy has been incorporated in this proposed
rule. The provision in existing Sec. 170.255(b)(2) restricting Class I
doors to vessels operating less than 20 nautical miles from shore was
inadvertently omitted from the NPRM and has been reinserted in this
SNPRM.
Three comments suggested removing reference to Sec. 179.210 since
existing Sec. 171.085(h)(2) prohibits doors in collision bulkheads, and
one comment pointed out that ABS rules require an intact collision
bulkhead only on vessels over 40 feet in length. The Coast Guard
disagrees because in unusual circumstances a vessel can have a door in
the segment of the bulkhead above the bulkhead deck. The provision for
approval by Commandant will ensure sufficient control. The rule
proposed in the NPRM has not been changed.
One comment suggested the proposed rule does not adequately address
types of watertight doors allowed in required subdivision bulkheads,
noting the existing regulations concerning door location aboard small
vessels are focused on Class I (hinged) doors. The Coast Guard agrees.
Sliding watertight doors, which are seldom used on small passenger
vessels, do not pose the potential hazards inherent with hinged doors.
It is not necessary to complicate this section with definitions of door
types. Paragraph (a) in the NPRM has been changed in this SNPRM to
specifically address only hinged doors, which are by definition Class I
doors. The second sentence of paragraph (d) clearly indicates that
sliding doors, which are by definition either Class II or Class III
doors, must comply with subchapter S.
Section 179.350 Openings in the Side of a Vessel Below the Bulkhead or
Weather Deck
The proposed rule addresses port lights and pipe penetrations. One
comment suggested that port lights which open should not be allowed on
monohull sailing vessels. Paragraph (a) of the proposed rule allows
port lights which open for all vessels on an equal basis. The Coast
Guard understands the concern of this comment, especially since the
proposed stability criteria for sailing vessels has been changed to
allow the freeboard to be totally immersed during a simplified
stability proof test. This would definitely submerge any port lights.
The rule proposed in the NPRM has not been changed in this SNPRM, but
the Coast Guard solicits more comments concerning the location, on
sailing vessels, of port lights which can be opened.
Two comments suggested that requirements for dead covers be
reevaluated, and stated that port lights should be equivalent in
strength to the hull which would do away with the need for dead covers.
The Coast Guard disagrees that port lights must be equivalent in
strength to the hull. In general, glass, which is used for most port
lights, cannot sustain loads in a manner equivalent to the hull
material, especially if the area of the port light is larger than
conventional portholes. Dead covers provide necessary protection
against damage to port lights. If the port light and its method of
attachment to the hull can be shown to be equivalent in strength to the
hull under proposed Sec. 175.540, dead covers are not necessary. The
rule proposed in the NPRM has not been changed.
One comment suggested requiring all through hull fittings and skin
valves to be metallic. One comment suggested that brass valves should
not be allowed. Brass is a copper alloy consisting of 5 to 40% zinc. In
a marine environment brass can dezincify which reduces the strength of
the material. One comment suggested prohibiting gate valves as sea
valves because: gate valves are often made of brass instead of bronze,
and brass can dezincify; gate valves require many turns to shut off,
instead of a quick motion like a sea cock; gate valves provide no
external indication of whether they are open or shut; and, if gate
valves become clogged, they may not fully shut and give no indication
of this to the operator. None of these proposed requirements are part
of the existing Sec. 171.119. The rule proposed in the NPRM has not
been changed, but the Coast Guard solicits more comments on the type of
valves which should be used on through hull penetrations and what
materials should or should not be allowed.
Section 179.360 Watertight Integrity
The proposed rule establishes the degree of weathertightness above
the bulkhead deck, including coaming heights. The Coast Guard thinks
that many small vessels will capsize if much water is trapped within
the superstructure. Five comments suggested coamings pose a tripping
hazard. Two of them stated that water passing through an entrance would
flow overboard through ports or pose a negligible risk of significant
flooding to below deck spaces. One suggested completely eliminating
coamings. One stated that more than 75 percent of slips and falls can
be at least partly attributed to required coamings. One suggested the
Coast Guard should try to prevent falls, which are the majority of
insurance claims. Two other comments suggested not reducing the
proposed coaming heights because water on deck which can flood interior
spaces is a greater hazard than tripping. One comment made the specific
proposal of 6-inch coamings for exposed routes, 3-inch coamings for
partially protected routes, and no coamings for protected routes. The
comment noted satisfactory service on 30-year-old vessels, with no
coamings, on protected routes.
The Coast Guard has no data to dispute the observation that
coamings contribute to falls. The Coast Guard disagrees that water
passing through an entrance is not a major hazard because few vessels
are fitted with drains to remove water from enclosed superstructure or
deck houses. The NPRM has been revised to reduce tripping hazards where
possible while still providing safety. Paragraph (d) has been modified.
Coamings will not be required on or above the main deck of a flush deck
vessel with a route on protected waters, or above the main deck of a
flush deck vessel with a route on exposed or partially protected
waters. The Coast Guard solicits additional comments on this matter,
and is interested in definite proposals supported by historical data.
One comment suggested that the proposed coaming heights are not
sufficient to meet requirements for a load line. The Coast Guard
realizes that load line requirements are 23.5 or 15 inches. Any vessel
applying for a load line must meet all load line requirements, even if
more severe than the requirements for vessels not receiving a load
line. No change was made to the rule proposed in the NPRM.
Subpart D--Special Requirements for Vessels on International
Voyages
The rule proposed in the NPRM identifies major differences in
bulkhead spacing and required double bottoms which must be specially
designed into a small passenger vessel to ensure compliance with SOLAS.
Part 176, subpart I reflects the intent that vessels on international
voyages must meet all SOLAS requirements, including fire protection,
structure, stability, and subdivision. This subpart is considered
repetitious and has been deleted from this SNPRM.
Part 180--Lifesaving Equipment and Arrangement
Section 180.64 Emergency Position Indicating Radio Beacons (EPIRB)
The NPRM proposed that vessels on oceans and coastwise routes have
on board a Category 1 (406 MHz) satellite EPIRB, and that vessels on
the Great Lakes have either a Category 1 EPIRB or a Class C EPIRB which
operates on the VHF-FM band. Current EPIRB regulations require a Class
A (121.5/243 MHz) EPIRB on vessels on ocean and coastwise routes,
except for coastwise vessels with a VHF-FM radio which have a route
which does not extend more than 20 miles from a harbor of safe refuge.
Vessels on Great Lakes routes are required to carry either a Class A
EPIRB or a Class C EPIRB. The NPRM proposed a six-year phase-in period
for replacement of the Class A and Class C EPIRBs on existing vessels,
and proposed to no longer exempt vessels operating within 20 miles of a
harbor of safe refuge from carrying an EPIRB.
Several comments expressed general support for the proposed EPIRB
requirements. Some were especially supportive of the proposal to
eliminate the present Class A EPIRB exemption for vessels operating
within 20 miles of a harbor of safe refuge. There were several other
comments that expressed concern about the anticipated high cost of the
Category 1 satellite EPIRB. Some stated that the cost could not be
justified, especially for those vessels which did not go more than a
few miles offshore, or for vessels which were built to a higher safety
standard. One comment suggested that EPIRBs should not be required on
vessels which go as far as 25 miles offshore. Some comments suggested
shorter phase-in periods for Category 1 satellite EPIRBs, while another
favored a longer phase-in period. Two comments expressed concern about
allowing the Class C EPIRB to be continued in use on the Great Lakes
because of its limited effectiveness.
A study prepared by the Coast Guard, based on casualty statistics
over the last 20 years, reexamined the requirements for survival craft
on small passenger vessels, including the role and effectiveness that
Category 1 satellite EPIRBs will have on rescue times. The study has
been entered in the docket and is available for public inspection and
copying. A review of the five small passenger vessel ``abandon-ship''
casualties which have occurred over the past 20 years within three
miles of the coastline, shows that an EPIRB would not have been a
factor in rescue operations in any of these cases. These casualties
were the PEARL C, DIXIE LEE II, SAN MATEO, FANTASY ISLANDER, and MERRY
JANE. On the other hand, recommendations favoring the carriage of an
EPIRB were made as the result of Coast Guard and NTSB casualty
investigations involving the COMET (7 miles offshore), the JOAN LA RIE
III (8.5 miles offshore), and the COUGAR (40 miles offshore). Both the
COUGAR and the COMET were not operating as inspected passenger vessels.
The COMET had 27 persons on board, but its COI had been removed because
of numerous deficiencies, including deteriorated hull planking. The
COUGAR was operating with only six passengers as an uninspected
passenger vessel. Although it may be inappropriate to include these two
vessels in a casualty analysis relevant to inspected small passenger
vessels, the lessons learned can be applied.
The regulations proposed in this SNPRM have been revised to
parallel the EPIRB requirement for commercial fishing vessels in 46 CFR
part 25, subpart 25.26. Each small passenger vessel which operates on
the high seas or which operates beyond three miles from the coastline
of the Great Lakes, would be required to have a Category 1 satellite
EPIRB. The high seas, as defined in 33 CFR 2.05-1(a), are those waters
more than 3 miles from the territorial sea baseline, which generally
follows the coastline. The Great Lakes requirement is proposed to apply
beyond three miles from the coastline. The definition of high seas, as
defined in 33 CFR 2.05-1(a), will be repeated in Sec. 175.400 of
subchapter T (K Sec. 114.400). Many small passenger vessels in tour,
dinner, or ferry services do not go beyond three miles from the
coastline and suspend services in bad sea conditions, and would not be
required to carry a Category 1 satellite EPIRB. As compared to the
NPRM, excluding vessels which operate within 3 miles on ocean,
coastwise, and Great Lakes routes will reduce the cost to some
operators since they will no longer be required to carry and maintain
EPIRBs of any kind.
The Coast Guard does not agree with some comments which suggested
that EPIRBs were unnecessary or could not be justified in terms of
cost. The cost of Category 1 satellite EPIRBs is not as great as stated
in some of the comments. Current prices range from $800 to $1200. Some
of these EPIRBs incorporate a hydrostatic release which must be
replaced every 2 years at a cost of about $80. Batteries must be
replaced every 4 to 5 years at a cost of $200 to $400.
Some comments expressed concern about the reliability of the new
Category 1 satellite EPIRBs. However, there is no basis to question the
reliability of EPIRBs. Each EPIRB must go through an extensive series
of electronic and environmental tests before being type approved by the
FCC. According to COSPAS-SARSAT, an international organization which
manages the 406 MHz satellite distress system world-wide, the 406 MHz
system has already been credited with assisting in the rescue of 32
persons in distress cases as of December 1990.
As discussed in a following preamble section, under subpart E of
this part, the Coast Guard is proposing new survival craft requirements
which are a significant reduction, in some cases, from the regulations
that were proposed in the NPRM. These reductions can be justified only
if casualty notification and location is improved through the use of
Category 1 satellite EPIRBs. The widespread use of Category 1 satellite
EPIRBs is expected to significantly improve the efficiency of the Coast
Guard's search and rescue operations and reduce the Coast Guard's cost
in many rescue cases. Phase out of Class A EPIRBs will also reduce the
number of false alarms, estimated to cost the Coast Guard $4,130 each.
During one 6-month study period in 1988, 15,426 alerts were recorded,
of which only 28 proved to be real emergencies.
Section 180.15(f) of the NPRM proposed a six-year period for
phasing-in the new Category 1 satellite EPIRB requirements, and
phasing-out Class A and Class C EPIRBs. The rules proposed in this
SNPRM have been revised to coincide with the FCC's implementation date
for the global maritime distress and safety system (GMDSS). Under
Sec. 180.15(g) (K Sec. 117.15(f)) of the NPRM, Class A EPIRBs already
on board vessels as of a date 45 days after the effective date of the
final rule could be used until February 1, 1999. However, as the result
of an FCC rule in 47 CFR 80.1053, Class A EPIRBs manufactured before
October 1, 1988 are no longer permitted to be used to meet Coast Guard
requirements. Under Sec. 180.15(h) (K Sec. 117.15(g)) of this SNPRM,
vessels on Great Lakes routes with Class C EPIRBs already on board as
of a date 45 days after the effective date of the final rule for this
docket, could use the Class C EPIRBs until February 1, 1999. Under
Sec. 180.15(i) (K Sec. 117.15(h)) of this SNPRM, coastwise vessels
operating within 20 miles of a harbor of safe refuge and not equipped
with a Class A EPIRB, would have to have a Category 1 satellite EPIRB
by one year after the date of publication of the final rule for this
docket. This schedule will get Category 1 satellite EPIRBs on vessels
which presently have no EPIRBs, and allow owners of vessels presently
required to carry EPIRBs a reasonable time to replace their existing
less effective EPIRBs.
Section 180.68 Distress Flares.
The NPRM proposed a minimum of six hand red flares and six hand
orange smoke signals for oceans, coastwise, and Great Lakes service,
and three hand red flares and three hand orange smoke signals for
lakes, bays, and sounds, and river service. Alternative signal
combinations were also listed, all totalling twelve signals for oceans,
coastwise, and Great Lakes service, and six for lakes, bays, and
sounds, and river service. A vessel operating on short runs limited to
approximately 30 minutes away from the dock would not be required to
carry distress flares and smoke signals. One comment suggested that
vessels not more than one mile from shore in daylight, and on rivers
not more than 1/2 mile wide should be exempt from flare requirements.
The Coast Guard does not agree with this suggestion. In many cases
these vessels would be under the 30 minute exemption. Some vessels may,
however, make long trips close to shore. These vessels should be able
to attract the attention of persons on shore who do not have marine
radios. Flares and smoke signals are an inexpensive way to provide this
capability.
One comment said that vessels in oceans and coastwise service
should carry parachute flares for general locating and hand flares for
pinpointing location, but another said that parachute flares were too
expensive. Another comment suggested that vessels in lakes, bays, and
sounds, and river service also be required to carry a total of twelve
signals unless on a route of 30 minutes or less. The Coast Guard
realizes that parachute flares are generally more effective distress
signals than hand flares or smoke signals, and that additional flares
for vessels in lakes, bays, and sounds, and river service would provide
additional alerting and locating capability. However, there has been no
indication from casualty experience that the requirement for hand
flares needs to be upgraded, or that the number of flares needs to be
increased for lakes, bays, and sounds, or river service. As explained
below, the regulation proposed in this notice would give operators more
options for carriage of parachute flares in place of hand flares and
smoke signals.
One comment recommended that requirements for flares on Great Lakes
services be the same as for oceans and coastwise services. The Coast
Guard agrees and has incorporated this suggestion in this SNPRM. In the
NPRM, the basic requirement was the same, but Great Lakes vessels had
an additional option. As discussed below, carriage options have been
unified for all services.
One comment said that each vessel should carry flares since it
would be difficult to determine whether or not a vessel was on a short
run of 30 minutes or less. In order to qualify for the flare exemption,
the vessel's COI must carry the 30 minute endorsement and the vessel
must operate on a route which complies with the restriction. Therefore,
the Coast Guard sees no particular difficulty in determining whether or
not a vessel is on a short run of 30 minutes or less.
There was a suggestion to extend service life of signals to 4 years
since many expired flares are in good condition. Although many flares
will be in serviceable condition at the end of their present 3-1/2 year
service life, others will not be serviceable. A recent study of expired
signals conducted by Underwriters Laboratories for the Coast Guard,
indicated that an extension of the service life could not be justified
on the basis of the number of unserviceable signals found.
The requirements proposed in this SNPRM are basically the same as
those proposed in the NPRM, but they have been simplified. The
requirements for oceans, coastwise, and Great Lakes service remain six
hand red flares and six hand orange smoke signals. The requirements for
lakes, bays, and sounds, or river service remain three hand red flares
and three hand orange smoke signals. Alternative higher-performance
signals, such as rocket parachute flares, are listed as acceptable
substitutions for the hand flare and smoke signals. This gives the
operator the option of carrying one or two parachute flares, for
example, in place of one or two hand flares or smoke signals. In the
NPRM, the only alternatives for an operator wanting to carry parachute
flares were to either carry twelve parachute flares in substitution for
the six hand flares and six hand smoke signals, or else carry the
parachute flares in addition to the six hand flares and six hand smoke
signals.
Paragraph (e), on stowage, has been revised in this SNPRM to remove
a reference to 46 CFR 160.038, a specification on the construction of a
portable magazine chest. The reference has been replaced with a new
ASTM standard, ASTM F--[Reserved for number of standard being developed
by ASTM], ``Pyrotechnic Locker'', which is expected to be approved and
published by ASTM in 1994.
Section 180.70 Ring Life Buoys
The NPRM proposed requirements for a minimum of one 20-inch ring
life buoy for vessels up to 26 feet, one 24-inch buoy for vessels up to
65 feet, and three 24-inch buoys for vessels over 65 feet. On oceans
and coastwise routes, the ring life buoy would be required to be
orange. One ring life buoy would be required to have a 60-foot
lifeline. Unless limited to daytime operation, one ring life buoy would
have to be equipped with a floating waterlight. One comment said that
the ring life buoys should be the same minimum size regardless of boat
length. Although larger life buoys do provide somewhat better flotation
performance than smaller life buoys, the Coast Guard has not adopted
this comment. For smaller vessels, such as those under subchapter T,
smaller life buoys have been accepted to facilitate their stowage.
Another comment suggested that at least two ring life buoys be
required on vessels from 26 to 40 feet in length. The Coast Guard does
not agree. Vessels of this size are small enough so that the ring life
buoy should be able to be obtained readily from any point on board.
Accident experience does not suggest that an increase in the number of
ring life buoys on vessels of this size would be justified.
This comment also suggested that all ring life buoys have lines to
get off a second throw, if necessary. The Coast Guard does not think it
is necessary for all ring life buoys to have lines. Although a ring
life buoy with a lifeline can be pulled back and thrown again, there is
also some advantage in having ring life buoys unencumbered by lines and
lights. They can be thrown more easily without the risk of being fouled
in a tangled line. On larger vessels, which are not generally as
maneuverable as small vessels, it may be safer to leave a person in the
water without a lifeline from the vessel while the vessel maneuvers to
get into position for recovery of the person. Once alongside, the ring
life buoy with the lifeline can be thrown in order to pull the person
back to the side of the vessel.
For consistency and safety, one comment recommended that ring life
buoys on vessels in all services be required to be orange. Approved
ring life buoys are either orange or white. Both colors provide good
contrast against clear or muddy waters. Orange ring life buoys are
generally considered better under glare, foam, and whitecap conditions.
Many operators prefer the appearance of white ring life buoys, however,
so the use of orange ring life buoys has not been required except in
ocean and coastwise service, even though they would provide better
visibility on other waters in some cases. Experience with accidents on
vessels in Great Lakes, lakes, bays, and sounds, and river service does
not suggest that an improvement in visibility is needed.
One comment noted that the wording of paragraph (c) would allow the
addition of non-buoyant lifelines on ring life buoys as long as one
life buoy had a buoyant lifeline. The comment suggested that all ring
life buoy lifelines be required to be buoyant. The Coast Guard agrees.
If an operator decides to have lifelines on additional life buoys, the
additional lifelines should also be buoyant. However, on a vessel which
carries more than one ring life buoy, at least one ring life buoy
should be required to be free of a lifeline for the reasons discussed
previously. Paragraph (c) has been revised accordingly.
One comment recommended that each floating waterlight be attached
to its ring life buoy by a clip at the end of its lanyard, rather than
being securely attached. Since the lights make it hard to throw the
life buoy, the clip would allow them to be quickly disconnected for
daytime use, when the light would not be needed. The Coast Guard agrees
with this comment, and has incorporated it into paragraph (d) of this
SNPRM for vessels carrying only one ring life buoy. As discussed
previously, there is good reason to have unencumbered life buoys--the
light interferes with throwing the life buoy. The clip would allow the
waterlight to be disconnected and make throwing of the ring life buoy
easier when the light is not needed. The Coast Guard solicits comments
on whether the clip requirement should be included in the final rule.
Questions that should be considered are: Do vessels under 65 feet in
length carrying only one ring life buoy need to have a detachable water
light, since they should be readily maneuverable and able to come
alongside a person in the water quickly? On vessels over 65-feet with
three ring life buoys, is a clip required on a water light lanyard if
the ring life buoy is not the one with a lifeline?
Another comment said that ring life buoys should be in sight of
every passenger regardless of the number of ring life buoys required.
While the Coast Guard agrees in principle with this comment, on some
vessels this could lead to an unnecessarily large number of ring life
buoys. No change has been made from the wording in the NPRM which
requires that the life buoys be readily accessible.
Section 180.71 Lifejackets
The NPRM would require an adult-size lifejacket for each person
permitted on board a vessel. In addition, if children were to be
carried, child-size lifejackets would be required in a number equal to
at least 10% of the number of passengers permitted on board. More
child-size lifejackets would be needed as necessary to provide
appropriate sizes for everyone on board. There were several comments in
general agreement with the lifejacket proposals, and in particular with
the provisions for child-size lifejackets. Two comments recommended
that vessels be permitted to temporarily use lifejackets from other
vessels, especially in cases where they are needed for unusually large
numbers of children on board. This would save the expense of having
every vessel equipped with large numbers of child-size lifejackets for
the occasional carriage of large numbers of children. The Coast Guard
has no objection to the temporary use of lifejackets from other
vessels. Because the number of persons permitted to be on board by the
COI is in part determined by the number of serviceable lifejackets on
board at the time of inspection, the carriage of additional persons
needs to be authorized by the OCMI. OCMIs have the authority to
authorize such temporary use, and it does not need to be specifically
addressed in the regulations. However, lifejackets carried temporarily
should not have to be marked with the name of the vessel. The marking
requirements in Sec. 185.604(b) of this SNPRM have been revised for
clarification.
One comment noted the apparent discrepancy between the percentages
of extra lifejackets carried for children based on the number of
passengers permitted on board, and the existing requirement for child-
size lifejackets in 46 CFR 180.25-5(a), which is in terms of the number
of persons permitted on board. The recommendation was made that both
should be consistent and based on the number of persons permitted on
board. The Coast Guard agrees, and paragraph (b) has been revised in
this SNPRM.
One comment suggested that the last sentence of paragraph (b)
should permit elimination of the child-size lifejackets only if the COI
is endorsed for the carriage of adults only. The Coast Guard agrees
that the elimination of child-size lifejackets should be dependent upon
an endorsement on the COI for the carriage of adults only, because this
endorsement would remove some of the ambiguity of the wording proposed
in the NPRM as to whether or not children were carried. Paragraph (b)
has been amended accordingly.
Another comment suggested that the size limit for lifejackets be
identified in regulations to avoid confusion. A simple regulation
change could be made if the lifejacket size limit changes. Lifejacket
size limits are usually based on the maximum weight of the person which
can use the lifejacket. The maximum size limit for child-size
lifejackets is typically 90 pounds, but cannot be identified in
regulations because it may be different for different lifejacket
designs. The size limits are clearly marked on lifejacket labels.
One comment observed that the NPRM contained no provision for the
acceptance of cork or balsa lifejackets, many of which are still
serviceable even though they are no longer produced. The last of the
approved cork and balsa lifejackets were produced over 25 years ago.
Because of performance and reliability concerns, they have not been
allowed on commercial vessels on international voyages since 1965. The
Coast Guard's position is that most of these lifejackets still on small
passenger vessels have reached the end of their useful lives and have
been or should be replaced. As in the NPRM, they would not be allowed
for use.
Section 180.75 Lifejacket Lights
The NPRM contained no substantive change from the existing
requirements for lifejacket lights. Each lifejacket carried on a vessel
on an oceans, coastwise, or Great Lakes route, would be required to
have a lifejacket light. An exception to the lifejacket light
requirement would apply to ferries, and vessels on routes not more than
20 miles from a harbor of safe refuge. One comment complained about the
low quality of existing battery powered lifejacket lights. The Coast
Guard is not satisfied with the quality of some of the existing battery
powered lifejacket lights approved under 46 CFR 161.012. Some newer
lifejacket lights meeting the 1983 Amendments to SOLAS must go through
additional testing that appears to result in lights of a higher quality
(and a higher price). In addition to being identified with Coast Guard
approval numbers of both the 161.012 and the 161.112 series, these
lights have markings indicating that they meet the 1983 SOLAS
Amendments. The Coast Guard is planning a future rulemaking on
lifejacket lights which will address the quality and testing of these
lights.
Another comment suggested elimination of the 20 mile exemption,
citing the same reasoning used in the NPRM to justify the carriage of
EPIRBs in this same area. No change has been made to the exemption for
vessels on routes not more than 20 miles from a harbor of safe refuge.
The Category 1 satellite EPIRBs and inflatable liferafts, inflatable
buoyant apparatus, life floats, or buoyant apparatus that vessels would
have to carry under the rules proposed in this SNPRM would all be
equipped with locating lights. Once the EPIRBs and survival craft have
been located, search and rescue forces should be able to locate persons
in the water at night by the retroreflective material which is already
required on each lifejacket. Vessels operating within 20 miles from a
harbor of safe refuge should be close enough to search and rescue
facilities so that persons in the water should not become separated too
far from the survival craft by the time assistance arrives on scene,
especially with the rapid distress notification expected with the
Category 1 satellite EPIRBs.
Section 180.78 Stowage of Lifejackets
The NPRM contained a number of stowage requirements intended to
make lifejackets readily identifiable and available. One comment
expressed confusion over the requirement for distribution of
lifejackets throughout accommodation spaces, but in a container
designed to allow the lifejackets to float free if practicable. The
comment said that the lifejackets could not float free from
accommodation spaces. There is no conflict between the requirements for
distribution of lifejackets throughout accommodation spaces, and to be
in float free containers if practicable. The definition of
``accommodation space'' proposed in Sec. 175.400(b) does not limit such
spaces to enclosed decks. Therefore, any open-deck accommodation space
could have a float free container.
Another comment said that lifejackets should be accessible
throughout the vessel without any intervening obstructions, including
stairways and doors, and not just on an upper deck in a float free
container. The proposed regulation would require lifejackets to be
distributed in convenient places throughout accommodation spaces.
Appropriate convenient places might require passage through doors or
stairways on some vessels, but not on others. The suggested change has
merit, but is considered too restrictive. No change has been made to
the rule proposed in the NPRM.
Section 180.110 Survival Craft Embarkation Ladders
The NPRM included a proposed requirement for an embarkation ladder
at each embarkation station, if the distance from the deck to the
vessel's lightest operating waterline is more than 10 feet. Embarkation
ladders are not addressed in the existing regulations in subchapter T.
One comment suggested this requirement is inappropriate for dinner
boats, regardless of size or capacity, and should be deleted. The
reason given in the comment was that if it is necessary to abandon a
dinner boat, any location close to the water and away from the area of
the vessel threatened by fire, flooding, or other danger would be
appropriate. The Coast Guard considers an embarkation ladder to be
necessary on any vessel, including dinner boats, if the vessel carries
survival craft which are not davit launched. No change has been made to
the rule proposed in the NPRM.
The Coast Guard's position is that, for their own safety,
passengers should not have to jump very far in order to board a
survival craft or otherwise debark the vessel in an emergency. From a
distance of five feet, passengers can be readily assisted by crew
members. For heights greater than five feet, an embarkation ladder or
other embarkation appliance should be provided. The Coast Guard
realizes that embarkation ladders or appliances for small vessels of
the type which are proposed to be regulated by subchapter T, especially
small party (or head) boats or small harbor tour boats, are not very
practical. In this SNPRM, the Coast Guard is proposing to retain the
10-foot limit for vessels which would be regulated by subchapter T, but
is proposing to decrease it to 5 feet for vessels proposed to be
regulated by subchapter K.
For simplification, this section has been combined with
Sec. 180.150 of this SNPRM so that all embarkation arrangement
requirements are located in one section.
Section 180.130 Stowage of Survival Craft
The NPRM contained a number of requirements for the stowage of
survival craft, including painter arrangements, float-free
arrangements, and requirements for getting survival craft over or
through a rail. Most of the comments on this section were statements in
agreement with the proposals. Several comments, responding to a request
for comments in the preamble of the NPRM, addressed themselves to
paragraph (c) which proposed a requirement for a mechanical, manually
operated device to assist in launching a survival craft, if the
survival craft weighs more than 200 pounds and requires lifting to be
launched. One comment incorrectly interpreted this as a requirement for
liferaft launching davits. Although a lifting device might take the
form of a small davit, it would merely be an aid to lifting the
survival craft over the rail or bulwark, and would not be a liferaft
launching davit. The Coast Guard believes that most operators affected
by this requirement would opt for a gate in the rail or bulwark
adjacent to the survival craft, so that lifting would not be required.
Therefore, no change was made to the rule proposed in the NPRM.
Five comments addressed the 200 pound criterion for requiring
mechanical assistance to launch a survival craft if the survival craft
has to be lifted to be launched. One said the criteria should be raised
to 400 pounds to be consistent with a 185 kg (407 pounds) weight limit
in SOLAS. Another comment noted that the SOLAS weight limit was too
heavy for lifting, and supported the 200 pound proposal. Another said
that 200 pounds is excessive and the limit should be lowered to 100
pounds. The NPRM preamble stated that as many as three people might be
needed to lift even a 200 pound liferaft. The fourth comment questioned
how this might be accomplished on a vessel which did not have a total
of three crewmembers. The last comment questioned why the 200 pound
weight limit was needed when the present 400 pound limit has not proven
to be excessive. The 200 pound limit has been retained in the rules
proposed in this SNPRM. If a particular vessel with a 200 pound
liferaft does not have a total of three crewmembers, then passengers
would have to assist in getting it over the rail. Contrary to one
comment which stated that a 400 pound weight limit has not proven to be
excessive, there have been several casualties in which liferafts
weighing close to 400 pounds could not be lifted over the rail. These
were discussed in the NPRM preamble. The SOLAS 185 kg limit is not
exactly analagous. SOLAS links this limit with transportability of the
liferaft over an open deck, rather than the need to lift it over the
rail.
One comment suggested a revision that would require any protective
covers to be arranged so that they do not interfere with launching.
Another comment stated that survival craft are often stowed on top of
cabins and awnings and are difficult to get to, and that there needs to
be a means to get to them or a launching device that can be operated
remotely. The Coast Guard agrees with the need for these revisions. To
include these new requirements on access and protective covers,
paragraph (a) has been revised in this SNPRM.
Section 180.137 Stowage of Life Floats and Buoyant Apparatus
The NPRM included stowage requirements for life floats and buoyant
apparatus which are essentially identical to the present regulations,
with the exception of a 200 pound weight limit on each group of life
floats and buoyant apparatus on a single painter, in place of the
present 400 pound limit. One comment questioned the need for the 200
pound weight limit in paragraph (e)(1), if the deck loads are not
excessive. The 200 pound weight limit was intended to be consistent
with the 200 pound limit in Sec. 180.130(c)(1) and had nothing to do
with deck loads. The current 400 pound limit is based on the assumption
that any group of life floats and buoyant apparatus will have to be
moved and launched together, and that 400 pounds is the maximum weight
that can reasonably be expected to be transportable over an open deck.
The rules proposed in this SNPRM return to the 400 pound weight limit,
except for a group of life floats and buoyant apparatus which must be
lifted to be launched, in order to be consistent with
Sec. 180.130(c)(1).
Section 180.150 Survival Craft Embarkation Arrangements
This section proposed that a survival craft launching appliance be
provided when either the embarkation station is on a deck more than 15
feet above the waterline, or the survival craft is boarded prior to
being placed in the water. One comment said that launching appliances
are not needed for dinner boats regardless of size or capacity because
buoyant apparatus can be lowered to the water and used easily. The
comment described maintenance as constant and expensive, and also
discussed complexity and crew training. The comment added that any
improvement in passenger safety is not justified by cost. Another
comment also noted that crew size might have to be increased if
launching appliances are used. Regardless of the service of the vessel,
some type of launching appliance is required if the embarkation deck is
located too far above the waterline, whether or not crew size would
have to be increased. Survival craft launching appliances such as
davits and slides are designed to be used with inflatable liferafts and
inflatable buoyant apparatus, not with life floats and buoyant
apparatus. This section has been revised in this SNPRM to clarify that
it should apply only to vessels equipped with inflatable liferafts or
inflatable buoyant apparatus.
The survival craft embarkation ladder requirements proposed in
Sec. 180.110 of the NPRM have been combined into this section of this
SNPRM so that all survival craft embarkation arrangement requirements
are located in one section.
Section 180.175 Survival Craft Equipment
This SNPRM deletes survival craft equipment requirements for
inflatable buoyant apparatus from this section. Unlike the equipment
for life floats and inflatable liferafts, equipment requirements for
inflatable buoyant apparatus are included in approval specification
provisions.
Subpart E--Number and Type of Survival Craft
The NPRM proposed that many small passenger vessels operating on
cold waters carry inflatable liferafts or inflatable buoyant apparatus.
The NPRM proposals were based on the assumption that passengers would
be at increasing risk from the effects of hypothermia as water
temperature decreased, and the time to rescue increased. Consequently,
the NPRM proposed increasing levels of protection from immersion in
cold water as water temperature decreased and distance offshore
increased.
Although some comments supported the proposal and some even
suggested increases in the proposed requirements, most comments from
operators opposed them, citing a good safety record which did not
justify the cost required to comply. Comments raised many issues of
varying merit. Some said that length of trip and distance from shore
should be a factor in determining what survival craft are required.
Others disagreed with the water temperature criteria used to
differentiate between cold and warm water. Some comments suggested that
hull material, subdivision, and fire protection should be taken into
account when determining which vessels are to carry survival craft. The
high cost of buying and maintaining inflatables was cited as a reason
for objecting to the proposals.
In order to address the comments, the Coast Guard prepared a study
which reexamined the requirements for survival craft on small passenger
vessels. This study takes into account several factors that were not
included in the analysis which led to the previous proposals. These
include the effect that Category 1 satellite EPIRBs will have on rescue
times, and the reduced risk of loss that a vessel has if equipped with
appropriate fire protection equipment and subdivision. The study
examines the casualty record of the 16 small passenger vessel losses
over the past 20 years where there was loss of life, loss of the
vessel, or both. It does not include casualties on small passenger
vessels carrying more than 150 passengers or with overnight
accommodations for more than 49 passengers such as the PILGRIM BELLE,
and MAJESTIC EXPLORER (which would be regulated under proposed
subchapter K). The study has been entered in the docket and is
available for public inspection and copying in the offices of the
Marine Safety Council at the address under ``ADDRESSES:''.
Briefly, the study shows that all but one of the casualties
involved vessels of wooden construction, and that these vessels were
much older than the small passenger vessel fleet as a whole. The
casualties fell into three broad categories: Capsizings; fires; and
hull or through hull fitting failures. The capsizings could not be
associated with the age or material of construction. The three fires
originated in the engine compartment and spread throughout the wood
vessels, leading to abandonment of the vessels. The hull and through
hull fitting failures were associated with undetected deterioration of
the wood hull or fittings.
The study suggests that small passenger vessels need better
protection from fire and flooding, especially as they age. The NPRM and
this SNPRM propose that all new small passenger vessels and existing
small passenger vessels constructed of FRP must have fixed fire
extinguishing systems in machinery spaces, and that certain vessels be
built to a one-compartment standard of subdivision. As discussed under
Sec. 181.115 of this preamble, this SNPRM proposes that existing wood
vessels be required to retrofit fixed fire extinguishing systems. This
SNPRM also proposes, for some vessels operating on cold waters,
subdivision as an alternative to outfitting the vessel with inflatable
buoyant apparatus, as proposed in the NPRM. Watertight subdivision
bulkheads improve the survivability of a vessel and help make the
vessel its own best survival craft. Retrofitting subdivision will be
difficult and may be impractical for some existing vessels, but will be
an alternative for certain vessels.
The retrofit requirements and alternatives proposed in this SNPRM
will have the beneficial effects of requiring or encouraging the
vessels most at risk to have adequate lifesaving and firefighting
equipment, and remove part of the cost disincentive for replacement of
older vessels.
The study also examined the role of Category 1 satellite EPIRBs on
rescue times. It concluded that when a Category 1 satellite EPIRB is
successfully used, the Coast Guard should be able to have rescue
resources on the way to the scene of a casualty within 2.5 hours for
most casualties that occur within 50 miles of the coast of the United
States. Further offshore, more than 50 miles off the coast, it becomes
more difficult for helicopters to stay on scene for extended periods of
time or to ferry survivors to shore and return for more survivors.
Other vessels are also less likely to be close by to assist a vessel in
distress, compared to areas closer to shore. On the other hand, closer
to shore, within three miles of the coastline, EPIRBs of any kind would
not be necessary. The high seas designation was introduced into the
lifesaving regulatory scheme by the acts which required fishing vessels
and other uninspected vessels to carry EPIRBs. The high seas break
point tracks much better with the small passenger vessel casualty
record than present exemption for vessels operating within 20 miles of
a harbor of safe refuge. High seas, as defined in Sec. 175.400 of this
SNPRM using the definition in 33 CFR 2.05-1(a) for consistency with
other laws and regulations, means all waters which are neither
territorial seas nor internal waters of the United States or of any
foreign country. Generally, this includes waters more than three miles
offshore. EPIRB requirements are more fully discussed under Sec. 180.64
of this preamble.
The study documented several cases where the limited buoyancy of a
buoyant apparatus, and its inability to support at least some survivors
out of the water, reduced the effectiveness of the buoyant apparatus.
Life floats are better lifesaving devices. The rules proposed in this
SNPRM will no longer require buoyant apparatus, but will require life
floats instead. Existing buoyant apparatus will be phased out by
allowing them to meet the requirement for life floats, so long as the
buoyant apparatus are in good and serviceable condition.
In determining the amount and type of survival craft to be
required, the Coast Guard also tried to balance its public
responsibility for crew and passenger safety against industry concerns,
as expressed in the comments to the NPRM, by looking at vessel factors
such as survivability, casualty analysis and rescue scenarios, number
of passengers, overall level and type of other required equipment, and
route.
In developing a scheme for the capacity of survival craft which
should be carried on a vessel, the Coast Guard philosophy was that,
except in limited circumstances, if survival craft are needed, enough
should be provided for everyone on board, not just a small percentage.
The Coast Guard took into consideration the fact that inflatable
buoyant apparatus can be overloaded in calm water, and still keep
people out of the water, while life floats used at their rated capacity
leave people in the water hanging on to the outside of the life float.
Therefore, life floats should not be overloaded in circumstances where
rescue resources (Coast Guard or other vessels which would be nearby)
will not quickly arrive on scene in case of an accident.
Overall, the survival craft requirements proposed in this SNPRM
have been reduced from those in the NPRM in consideration of the
proposed requirements for bilge level alarms, increased carriage of
Category 1 satellite EPIRBs, increased radar requirements for certain
ferries on rivers routes (see Sec. 184.404 of this preamble), and
increased installation of fixed fire extinguishing systems.
The Coast Guard is proposing in this SNPRM that vessels which would
be regulated by proposed subchapter T and certificated to go beyond 50
miles from the coast, should be equipped with inflatable liferafts for
everyone on board. At these distances, vessels may not be able to
return to port in time to avoid adverse weather and sea conditions.
Rescue may take an extended period of time, even with the use of
Category 1 satellite EPIRBs. Inflatable liferafts provide the necessary
protection and equipment for a survival period which extends overnight,
or even for a day or two, at sea.
For vessels operating on ocean routes not more than 50 miles
offshore, and on coastwise routes, Category 1 satellite EPIRBs will be
the primary means of distress alerting and then locating the vessel.
The Coast Guard's position is that small passenger vessels in the
highest risk categories should be equipped to allow passengers to
disembark and survive for at least four hours at sea. The higher risk
vessels are primarily the older wooden vessels which do not have one-
compartment subdivision. For water temperatures less than 59 deg. F,
this SNPRM proposes that these vessels have inflatable buoyant
apparatus for everyone on board. For vessels with one-compartment
subdivision, and for those without one-compartment subdivision
operating in warmer waters, life floats for everyone on board would
suffice. For some vessels, this will mean phasing out buoyant apparatus
and replacing them with life floats over a period of time as they
become unserviceable. As discussed above, the rules proposed in this
SNPRM would permit existing buoyant apparatus to meet the requirement
for life floats, so long as the buoyant apparatus are in good and
serviceable condition.
For small passenger vessels operating in shallow waters on lakes,
bays, and sounds and rivers routes a provision for exemption from
survival craft requirements has been included in this SNPRM, as
suggested in some of the comments.
The Coast Guard's study on survival craft requirements discusses
the fact that a vessel carrying a large number of passengers could
overwhelm the capacity of rescue resources which could be quickly
brought on scene to assist persons in the water. The Coast Guard's
largest helicopter can accommodate 10 to 15 persons in addition to the
aircrew in an emergency. This helicopter will be replaced over the next
few years with one that has a higher speed and longer range, but
smaller passenger capacity. It is anticipated that a major surface
rescue effort would have to be initiated from shore or by vessels
already in the area to provide rescue assistance to vessels proposed by
this SNPRM to be regulated by subchapter K (vessels carrying more than
150 passengers or having overnight accommodations for more than 49
passengers). For persons in cold water suffering from hypothermia, time
is of the essence, and they might not be able to wait for large vessels
to arrive. For this reason the Coast Guard considers increased survival
craft requirements to be necessary for these vessels, to provide
protection in the event of a low probability, high consequence
accident.
In determining the type and amount of survival craft necessary, the
Coast Guard realizes that subchapter K vessels will already have smoke
actuated fire detection systems, engine room fire extinguishing
systems, grease extraction hoods with fire extinguishing systems,
structural fire protection, higher subdivision and stability standards
than a subchapter T vessel, and bilge level alarms. However, it should
be noted that the use of flammable finish and interior construction
materials proposed in this SNPRM is less restrictive than proposed in
the NPRM. The Coast Guard is proposing in subchapter K of this SNPRM:
(a) That all vessels traveling more than 50 miles from shore have
liferafts for all persons on board. Vessels on oceans routes not more
than 50 miles offshore must have inflatable buoyant apparatus for all
persons on board;
(b) That all vessels with overnight accommodations for more than 49
passengers operating on coastwise, Great Lakes, and lakes, bays, and
sounds routes must have inflatable buoyant apparatus for all persons on
board;
(c) That all vessels with overnight accommodations for not more
than 49 passengers operating on coastwise, Great Lakes, and lakes,
bays, and sounds routes must have survival craft based on route and
water temperature; and
(d) That all vessels operating on a rivers route in cold waters
must have life floats for 50 per cent of the persons on board. No
survival craft are required in warm waters; and
In this SNPRM the Coast Guard is proposing a provision to exempt
vessels operating in shallow waters on lakes, bays, and sounds and
rivers routes from survival craft requirements, as suggested in some of
the comments. Vessels with ferry boat type operations (i.e., operating
on a specific route between two points on a set schedule), which
maintain a 15 minute radio communications schedule with an operations
base, and which have routes that never take them farther than 20 miles
from a harbor of safe refuge, would be able to substitute lifefloats
for inflatable buoyant apparatus if the OCMI determines that it would
be safe to do so.
The survival craft requirements proposed in subchapters T and K of
this SNPRM are summarized in the ``Survival Craft Requirements Table''
below.
In a separate rulemaking project entitled ``Commercial Fishing
Industry Vessel Regulations'' (CGD 88-079) the Coast Guard published
safety regulations for fishing vessels as a Final Rule in the Federal
Register (56FR40364) on August 14, 1991. These regulations contain
survival craft and immersion suit requirements which apply to vessels
operating in areas where the mean water temperature is 59 deg. F
(15 deg. C) or less (i.e., ``cold water''). Sections 180.202, 180.204,
180.206, and 180.208 of the subchapter T NPRM also contained survival
craft requirements dependent on water temperature. In order to
establish consistent boundaries for cold water areas, which would apply
to all classes of vessels with requirements dependent on water
temperature, the Coast Guard decided to publish a NVIC specifying
geographic limits of cold water areas. Use of a NVIC rather than
specifying cold water/warm water areas in the regulations gives several
benefits: (1) Allows flexibility and ease of change to update
geographical limits of areas having seasonal cold water; (2) seasonal
changes and geographical limits can be portrayed on chartlets which can
be quickly accessed and easily understood; and (3) avoids repetition of
a long list of geographical boundaries in more than one location or set
of regulations. As a result, the Coast Guard published NVIC 7-91,
``Determination of Cold Water Areas'', on May 20, 1991. The appropriate
paragraphs of the NPRM have been removed from this SNPRM.
Section 180.210 Rescue Boats
Under the NPRM, vessels would be equipped with a rescue boat,
unless the OCMI determined that the vessel is operated and arranged in
such a way that it can recover persons who fall overboard. Vessels
under 65 feet would be exempt if they do not carry passengers on an
open or partially enclosed deck. Rescue boats on vessels over 65 feet
in length would have to meet the same requirements as on passenger
vessels over 100 gross tons, but rescue boats on smaller vessels would
only have to be acceptable to the OCMI. Some comments supported
application of rescue boat requirements by OCMIs, but others were
concerned with the possibility of arbitrary and inconsistent
application of the requirements by different OCMIs. The Coast Guard
agrees that there is potential for inconsistent application of the
rescue boat requirements. Rather than outline detailed requirements in
the regulations, the Coast Guard intends to provide guidance to OCMIs
in the MSM on the application of these requirements. No change was made
to the rule proposed in the NPRM.
One comment suggested that ``rescue ladders'' could perform the
same function as rescue boats. A ``rescue ladder'' is not an acceptable
substitute for a rescue boat, because an incapacitated person can not
use a ladder or be carried up a vertical ladder. A ``rescue platform'',
however, could be acceptable if it does not present a hazard to the
person being rescued, and if there are adequate provisions for bringing
the incapacitated person aboard the vessel from the rescue platform.
This issue would also be covered in the MSM.
In paragraph (c) of this SNPRM, the reference to subchapter W has
been changed to subchapter H.
Part 181--Fire Protection Equipment
Section 181.115 Applicability to Existing Vessels
Paragraph (b) of the NPRM requires only vessels constructed of FRP
to be retrofitted with fixed fire extinguishing systems. Three comments
thought that existing vessels of FRP construction are unfairly
disadvantaged by having to meet the requirements of Sec. 181.400, which
specifies where fixed fire extinguishing and detecting systems are
required, while existing vessels constructed of other materials don't.
These comments wanted Sec. 181.115(b) removed. Other comments
identified the same inconsistency but believed the regulation should be
simplified by requiring all existing vessels to comply with
Sec. 181.400. In addition to the fire casualty statistics presented in
the preamble of the NPRM, the Coast Guard has prepared a study based on
casualty statistics over the last 20 years. This study reexamines the
requirements for survival craft on small passenger vessels, including
the role of fixed fire extinguishing systems in machinery spaces. The
study has been entered in the docket and is available for public
inspection and copying.
The origin of most fires is in the engineroom and is independent of
construction material. Frequent ignition sources involve fuel or lube
oil spray contacting a hot surface, or electrical equipment overheating
or arcing. Wooden hull vessels have suffered the most severe fires,
perhaps because wood absorbs fuel and lubricating oils. This results in
a severe fire if the initial fire is not immediately extinguished.
Although the hulls of wood and FRP vessels are combustible, threats to
human life can develop early in a fire, before involvement of the hull
and structure, due to the accumulation of smoke and toxic gasses. This
rapidly developing hazard is similar for all vessels regardless of the
construction material.
Appropriate concern was expressed in the NPRM by requiring
detection and fixed extinguishing systems on all new vessels. As
discussed in this preamble, under subpart E of part 180, the Coast
Guard is proposing new survival craft requirements which are a
significant reduction, in some cases, from the regulations that were
proposed in the NPRM. These reductions can be justified only if other
means which establish an equivalent safety level, such as improving
each vessel's ability to survive a fire at sea, are provided. Fixed
fire extinguishing systems are expected to improve a vessel's ability
to act as its own survival craft. It is inconsistent from a life safety
standpoint to require such systems on all new vessels and on existing
vessels of FRP construction, but not on other existing vessels in a
similar risk category, such as those made of combustible materials. The
Coast Guard has concluded that exempting existing vessels in higher
risk categories from fixed fire extinguishing system requirements would
provide a cost disincentive discouraging the construction of new and
safer vessels. In order to ensure a consistent level of life safety on
all small passenger vessels, Sec. 181.115(b) has been revised in this
SNPRM to require all existing wooden vessels, as well as FRP vessels,
to comply with Sec. 181.400 within 3 years of the effective date of the
final rule.
Section 181.120 Equipment Installed But Not Required
Existing Coast Guard policy and regulation, as well as this section
of the NPRM, require that excess fire protection equipment and systems
be type approved or approved systems. The Coast Guard encourages the
use of excess fire protection equipment and is proposing to accept
excess systems which are designed, installed, and maintained in
accordance with an appropriate industry standard acceptable to the
Commandant, such as those of the NFPA. One area of concern is that some
standards have not been written with high vibration levels, salt air
corrosion, or other characteristics of the marine shipboard environment
in mind. The Coast Guard solicits comments on the application of this
proposal to small passenger vessels.
Section 181.300 Fire Pumps
Numerous comments expressed concern that the fire pump capacity
requirements proposed in the NPRM would cause a large increase in
electrical demand thereby necessitating increases in electrical
generator size and increasing cost, especially for those vessels just
over 65 feet in length. A couple of comments wanted the criteria for
hose line flow rates and pitot tube pressures to be replaced with
simple pump pressure and flow criteria. One comment specifically
recommended that the requirements be graduated according to the size
and capacity of the vessel. The Coast Guard has considered these
concerns. This SNPRM proposes graduated hose stream requirements which
will have a lesser electrical and economic impact than those posed in
the NPRM.
The requirements in this SNPRM for fire pumps on vessels carrying
not more than 150 passengers closely resemble those in existing
subchapter T. Ferry vessels of not more than 65 feet in length carrying
not more than 49 passengers generally do not use nozzles that produce a
hose stream suitable for measurement with a pitot tube. The fire hose
performance criteria for these vessels has been simplified by using
flow rate and hose stream throw distance. A pump flow rate of 10
gallons per minute was selected to be compatible with the existing and
proposed bilge pump flow rate with which these vessels must comply. A
hose stream throw distance of 25 feet was determined to be the minimum
effective distance for fighting a small fire.
The criteria proposed in subchapter T of this SNPRM, for vessels of
not more than 65 feet in length carrying more than 49 passengers, and
vessels of more than 65 feet in length, is the existing requirement for
T-L vessels (vessels of more than 65 feet in length).
The Coast Guard's position is that these criteria will keep the
requirements of subchapter T simple and compliance can be easily
determined without the need to use a pitot tube or take special
measurements.
The Coast Guard does not agree that pump pressure and flow criteria
would ensure adequate hoseline performance for vessels proposed to be
regulated by subchapter K. In proposed subchapter K, the requirement
for 2 hoselines to flow at 50 psi pitot tube pressure is reduced to one
hoseline for vessels carrying not more than 600 passengers with
overnight accommodations for not more than 49 passengers. Vessels with
overnight accommodations for more than 49 passengers would have to
comply with subchapter H, as would those vessels above the proposed
subchapter K/subchapter H breakpoints. On a large multideck vessel, a
15 to 20 horsepower motor should be sufficient to generate two streams
at 50 psi pitot tube pressure. This sort of electrical load would
significantly impact a head boat near 65 feet in length, but for a
vessel with large hotel loads, such as a dinner cruise vessel or a
vessel with overnight accommodations for more than 49 passengers, such
an electrical load should not present a problem.
One comment liked the option to connect fire pump suction to the
bilge system but another believed the opposite because the fire pump
could accidentally be run dry. The regulation proposed in the NPRM was
not changed. Operators should make sure valves are correctly lined up
for operations.
A number of comments responded negatively to the provision
requiring remote operation of the fire pump, citing concern over
running the pump dry due to valve misalignment. Others wanted to retain
the regulation because it reduces response time and frees a crew member
to assist in fire fighting operations. Again, assuring correct valve
line-up will alleviate concerns over running the fire pump dry. No
change has been made to the rule proposed in the NPRM.
Because performance criteria for hoses is included in this SNPRM,
Sec. 181.300(f), which addresses fire main piping size, is no longer
needed and has been removed.
A number of comments wanted to know if the proposed regulation
applied to existing vessels. The proposed regulation would apply only
to new vessels as specified in proposed Sec. 181.115.
Section 181.320 Fire Hoses and Nozzles
While one comment agreed that a fire hose with nozzle should remain
attached to each hydrant at all times, as required by paragraph (a),
several other comments stated that a fire hose should not be attached
to each hydrant, but kept stored in a safe, dry area until needed. The
comments requested that the rules be made flexible to deal with cold
weather. The Coast Guard will continue to require that the hose be
attached to the hydrant under normal weather conditions, because there
may not be time in an emergency situation to locate, unroll, and attach
the hose to the hydrant. This will ensure that the hose is available
for use when and where needed. However, a provision has been included
in this SNPRM which permits fire hose to be temporarily removed from
the hydrant and stowed in an accessible nearby location. This will be
limited to open decks, where no protection is afforded to the hose in
heavy weather, or where the hose may be liable to damage from the
handling of cargo or stores.
Two comments requested that hoses other than the UL 19 labeled hose
proposed by paragraph (b)(1) of the NPRM be authorized for use. The
reason cited was that commercial fire hose does not stand up well to
weather and fishing vessel operations. The comments suggested that hose
similar to that used on fuel trucks be permitted. The latter hose is
usually a hard rubber hose of various diameters requiring the use of
hose reels to store the hose, while the UL19 fire hose is a standard
1\1/2\ inch collapsible fire hose. The Coast Guard has amended this
provision in this SNPRM and will permit the use of alternate hose types
of the required diameter if such hose is listed and labeled by an
independent laboratory as being equivalent in performance to UL 19 fire
hose.
One comment proposed allowing fire hose nozzles similar to those
used by fire departments, because these nozzles are lighter and more
available. The Coast Guard has initiated a program of approving
industrial fire hose nozzles as equivalent to the traditional
combination fire hose nozzles. A certificate indicating this approval
has been issued by the Coast Guard to those manufacturers whose nozzles
were determined to be equivalent. Although plastic nozzles are
corrosion-resistant and less likely to be stolen, and aluminum nozzles
are light in weight, the Coast Guard does not intend to permit the use
of plastic or aluminum nozzles where approved nozzles are required.
Nozzles made of these materials have not been shown to have the same
corrosion resistance and fire safety properties as brass when used as
fire hose nozzles in a marine environment. No change has been made to
the rule proposed in the NPRM.
One comment requested that in paragraph (d) the words ``capable of
providing a solid stream or spray pattern'' be changed to ``capable of
being changed between a solid stream and a spray pattern.'' The Coast
Guard has revised paragraph (d) in this SNPRM accordingly.
This section has been revised to make the hose and nozzle
requirements match the revised fire pump requirements proposed in this
SNPRM.
Subpart D--Fixed Fire Extinguishing Systems
Section 181.400 Where Required
Several comments, including one from the NTSB, supported the
proposal in the NPRM to require fixed extinguishing systems. Other
comments pointed out that most fires have occurred on wooden vessels,
and urged that fixed systems should be required only on wooden and FRP
vessels. Although the cause of fire is usually not related to the hull
material, the Coast Guard realizes that, because the hull material
itself is combustible, wooden vessels are more susceptible to fires
spreading out of control, especially engine room flammable liquid fires
which are not quickly extinguished. As discussed in this preamble,
under Subpart E of Part 180, the Coast Guard is proposing new survival
craft requirements which are a significant reduction, in some cases,
from the regulations that were proposed in the NPRM. These reductions
can be justified only if other means which establish an equivalent
safety level, such as improving each vessel's ability to survive a fire
at sea, are provided. Fixed fire extinguishing systems are expected to
improve a vessel's ability to act as its own survival craft. Therefore,
the requirement for fixed fire extinguishing systems on new vessels is
retained in this SNPRM. As discussed under Sec. 181.115 of this
preamble, it is proposed that fixed extinguishing systems should be
retrofitted on all existing vessels of wood and FRP construction.
One comment objected to the use of carbon dioxide because its
release would leave the vessel dead in the water, without power,
lights, and fire fighting capability. In the case of any engine room
fire, it is important to shut down the engine(s) unless a collision is
imminent. Section 181.410(b)(10) of this SNPRM would require that
powered ventilation and engines which draw intake air from the
protected space be shut down automatically prior to the release of the
extinguishing agent into the space. This is necessary to prevent
depletion of the extinguishing agent and to stop the flow of fuel or
lubricating oil which is a likely source of the fire. Fixed
extinguishing systems, approved by the Coast Guard under approval
number 162.029, which incorporate an automatic engine shutdown are also
equipped with a mechanism to permit a quick restart of the engine(s).
All approved fixed systems (as well as portable fire extinguishers) are
self-contained and do not need vessel power.
Two comments objected to the use of halon due to its decomposition
into toxic products during a fire. Another comment recommended that
halon be restricted to unmanned spaces. While halon will decompose
during a fire, halon systems are designed to extinguish the fire
quickly, resulting in a minimum of halon decomposition. The amount of
halon decomposing during fire extinguishment will not significantly
increase the amount of toxic products generated by the fire itself.
Also, the Coast Guard requires spaces protected by halon to be unmanned
or personnel must be evacuated before the halon is released. Therefore,
the chances of personnel injury due to toxic products of halon
decomposition are remote. The Coast Guard is not aware of any case in
marine or shore applications since halon was first used as a fire
extinguishing agent which has resulted in fatalities or injuries due to
toxic products generated by halon decomposition.
One comment questioned the use of halon for environmental reasons
(ozone depletion). Halon 1301 and 1211 have been identified as ozone
depleters and their production is expected to be phased out by January
1, 1994, through international treaties and domestic regulations.
Development of non-ozone depleting alternatives is underway. Until
phase-out of production or development of replacement agents, whichever
comes first, the Coast Guard will permit the use of halon 1211 and 1301
in portable extinguishers and fixed systems in view of their importance
in saving lives during fires. However, fire equipment practices and
consensus standards (specifically those of the NFPA) concerning the
recycling of halon and testing techniques which do not require the
release of halon are expected to limit the release of halon to that
needed in fighting fires. In any case, the Coast Guard does not specify
the agent, only the type of fire on which it must be effective. The
vessel operator chooses the type of agent (halon, carbon dioxide, or
dry chemical) which is best suited for a particular vessel.
Many comments objected to the NPRM requirement for fixed systems,
citing cost, lack of deaths attributable to fires, and complexity of
systems. Some of the comments pointed out that most fires have occurred
on small wooden and FRP vessels. The Coast Guard does not agree with
these comments. Many vessels of more than 65 feet in length are
relatively new. To wait until fires and fatalities occur before
requiring the carriage of fixed systems is not justifiable. Fixed
extinguishing systems in the machinery space are a proven fire
protection concept. Many fixed systems have been installed voluntarily
on pleasure craft by the public. For many small passenger vessels,
these systems can be simple and relatively inexpensive.
One comment stated that fixed systems would be useless on some
vessels since the extinguishing agent would quickly dissipate up the
stack. Proposed paragraph (b)(4) of the NPRM permits the OCMI to waive
the requirements for installing a fixed system if it is determined that
the space is so open to the atmosphere that a fixed gas system would be
ineffective. No change was made to the rule proposed in the NPRM.
One comment requested that the requirement in paragraph (a)(2) to
provide fixed extinguishing systems in a space containing internal
combustion engine(s) of more than 50 horsepower be increased to 500
horsepower. The comment stated that a detection system should be
required in lieu of a fixed extinguishing system for engines smaller
than 500 horsepower. Another comment stated that no spaces should be
exempt from having fixed systems, and recommended deleting paragraph
(a)(2). The Coast Guard doesn't consider the engine horsepower to have
a direct relationship to the risk of fire, and intended that, except
for small installations, spaces containing internal combustion engines
be protected by fixed extinguishing systems. No changes have been made
to the rule proposed in the NPRM.
One comment proposed adding ``or ship stores'' after ``cargo'' in
paragraph (a)(6) because some vessels carry combustible paper products
and liquor as ships stores below the main deck. The Coast Guard agrees,
and is adding the above wording in this SNPRM. In addition, a revision
to indicate that such systems must use carbon dioxide is being added,
since halon systems approved by the Coast Guard are not designed to
extinguish Class A fires, such as wood, paper, and plastics. The Coast
Guard realizes that fixed systems are not designed to extinguish fires
in Class A hazards, but a carbon dioxide system will keep the fire
knocked down until the vessel reaches port.
One comment pointed out that the limitation proposed in paragraph
(b)(2) which limits the maximum gross volume of a space protected by
pre-engineered halon systems to 1200 cubic feet conflicts with existing
Coast Guard approvals of up to 1292 cubic feet for halon systems and
2000 cubic feet for pre-engineered carbon dioxide systems. The Coast
Guard agrees, and has changed the limit in this SNPRM to 2000 cubic
feet.
One comment suggested that the extinguishing medium be specified
for the B-II fire extinguisher permitted by paragraph (b)(3) as a
substitute for a fixed system protecting small spaces. The comment did
not recommend a specific extinguishing medium. While a gas type
extinguisher is often preferred for an enclosed space, the Coast Guard
will leave the selection of medium for the B-II sized extinguishing
system to the vessel operator.
Paragraph (d) of the NPRM required that grease extraction hoods be
fitted over grills, broilers, and deep fat fryers on vessels carrying
more than 400 passengers and on vessels with overnight accommodations
for more than 49 passengers. One comment expressed support for
requiring such systems. One comment requested that this section be
revised to require a grease extraction hood for each galley, regardless
of the size of the vessel. The Coast Guard has reconsidered the issue
and agrees that the fire hazard posed by accumulated grease exists in
any galley, and cannot be directly related to the number of passengers
carried or vessel size. This section has been revised in this SNPRM to
require a grease extraction hood wherever grills, broilers and deep fat
fryers are installed, regardless of vessel size or of the number of
passengers carried.
One comment recommended that paragraph (e) should state ``Each
overnight accommodation space'' rather than ``An overnight
accommodation space.'' This SNPRM has been changed to clarify this
requirement.
One comment requested that the break point in paragraph (f), which
requires a smoke actuated fire detection system for vessels carrying
more than 150 passengers, be raised to more than 400 passengers.
Another comment suggested that these detection systems, and the ones
required by paragraph (g) on vessels carrying more than 400 passengers,
should be required only on vessels having overnight accommodations for
more than 49 passengers. The Coast Guard has concluded that the amount
and type of fire fighting equipment should be based on the level of
protection provided by using noncombustible furnishings and/or
structural fire protection. In this SNPRM, these latter areas have been
reduced, and the Coast Guard does not want to reduce the level of
required fire detection and fighting equipment to a level which would
be unsafe. The Coast Guard also would like to bring the 400 passenger
break point in this section of the NPRM in line with the break points
proposed in this SNPRM. Therefore, the Coast Guard is proposing that
any vessel having overnight accommodations for more than 49 passengers
or carrying more than 150 passengers must have a smoke activated fire
detection system. These requirements were moved to subchapter K in
Sec. 118.400 (c) and no longer appear in subchapter T in this SNPRM.
Under the newly proposed break points, vessels having overnight
accommodations for more than 150 passengers or carrying more than 600
passengers would be required to comply with the fire detection
requirements of subchapter H.
Paragraph (h) (paragraph (f) in this SNPRM) should cite the
requirements of Sec. 76.25 of subchapter H for automatic sprinkler
systems, and has been corrected in this SNPRM.
Paragraph (i) (paragraph (g) in this SNPRM) allows either a manual
or automatic sprinkler system for vessels with partially enclosed
vehicle spaces. Automatic sprinkler systems are not effective at
detecting a fire in this situation because the heat is not adequately
trapped to actuate a sprinkler head. The SNPRM has been revised to
allow only manual sprinklers, with automatic sprinkler systems not
being an option.
It was discovered that Secs. 181.400(j) and 182.410(e) of the NPRM,
which require vapor detection systems on some vessels, were redundant.
Paragraph (j) has been removed and the requirement for vapor detection
systems remains in Sec. 182.410(c) of this SNPRM.
Section 181.410 Fixed Gas Fire Extinguishing Systems
One comment opposed fixed systems for boats less than 40 feet, and
stated that a fire bucket is good enough. The Coast Guard disagrees
since fires in engine compartments occur in boats of less than 40 feet
as well as in larger vessels. Buckets with water are also intended for
Class A fires (involving combustible solids such as wood, paper, and
plastic) while the fixed gas systems are intended to extinguish fires
of combustible liquids (Class B fires) which are the primary hazard in
engine compartments.
One comment questioned the need for fixed systems on small vessels
in view of the alleged high cost, and suggested a bottle of carbon
dioxide and a manual tripping device as a substitute for a small fixed
system. The Coast Guard disagrees, since some fixed systems for small
vessels appear no more expensive than the comment's proposed solution.
More important, there is no way of knowing whether the comment's
proposed fire fighting arrangement will result in fire extinguishment,
while approved fixed systems have been determined to be effective
through independent laboratory tests.
One comment suggested removing ``custom engineered'' from paragraph
(a) as well as from the definitions in Sec. 175.400, since it is a
commonly understood phrase and does not add anything to the definition
of fixed systems. The Coast Guard is retaining this term to
differentiate them from pre-engineered systems. The two types of
systems are designed and tested differently, and are usually intended
for different applications (manned vs. unmanned spaces).
Two comments requested clarification of the requirement in
paragraph (b)(2) that the release of the agent requires two distinct
controls, and suggested that ``two distinct operations'' would be more
appropriate wording. Since the purpose of the requirement is to prevent
the accidental discharge of the system by someone operating the wrong
control by mistake, the Coast Guard agrees, and has changed the wording
in this SNPRM to ``two distinct operations.''
One comment suggested that the breakglass enclosure required in
paragraph (b)(4) be replaced with ``readily accessible enclosure.''
While controls must be accessible, the purpose of this requirement is
to prevent the accidental discharge of the extinguishing agent.
Therefore, the rule proposed in the NPRM is being retained.
Two comments asked clarification on whether the engine shutdown
required by paragraph (b)(10) is mandatory in addition to the proposed
mandatory shutdown of powered (mechanical) ventilation. The comments
also suggested that systems be required to have only manual actuation
of a fixed fire extinguishing system, supplemented by a detection
system, to prevent a vessel from suddenly becoming ``dead ship,'' which
could be an even more hazardous situation. The NPRM proposed mandatory
shutdown of any engine which draws intake air from the protected space
before extinguishing agent is released. The purpose is to prevent an
engine from depleting or reducing the concentration of the
extinguishing agent, thus significantly reducing the extinguishing
capability of the agent. Shutting down the engine(s) also has the
benefit of stopping the flow of fuel or lubricating oil which is a
likely source of the fire. The proposed requirement was apparently
misinterpreted. Automatic actuation of a fixed fire extinguishing
system is not required. Manual actuation is preferred, but automatic
actuation would be allowed by Sec. 181(c)(2) under special
circumstances. But once the system is actuated, engines must be
automatically shut down. This allows the vessel's master to retain
control of when the vessel goes ``dead ship,'' which prevents any
dangerous ``in extremis'' situations. However, discretion should be
exercised in delaying actuation of a fixed fire extinguishing system to
prevent unnecessary damage or danger to passengers. No change was made
to the rule proposed in the NPRM.
One comment stated that the hydrostatic test required by paragraph
(d)(8)(ii) is not realistic since it can't be performed at most boat
yards during most times of the year. The comment is misinterpreting the
proposed requirement. What is meant here is that the piping should be
tested at the internal pressure which the cylinder would reach if it
were heated to its maximum allowable storage temperature of 130 deg..
It is not the Coast Guard's intent that the piping itself be heated to
130 deg. and then leak tested. The intent is to have the piping tested
at the maximum working pressure, which will vary for carbon dioxide,
Halon 1301 pressurized with nitrogen to 360 psi (at 70 deg.), and Halon
1301 pressurized with nitrogen to 600 psi (at 70 deg.).
One comment requested that paragraph (g)(2) be modified to require
the quantity of halon recommended by NVIC 6-72, Change I (B.3). While a
detailed calculation method is contained in the NVIC, the quantity of
halon required by subparagraph (g)(2) is consistent. No change to the
rule proposed in the NPRM is necessary.
Section 181.420 Pre-Engineered Halon Fixed Gas Systems
One comment stated that ``pre-engineered'' is not a useful term
since the regulations in this section are necessary for all fixed
systems. The Coast Guard disagrees because ``pre-engineered'' and
``custom engineered'' halon systems are different in design, are tested
differently, and are used for protecting different spaces (small
unmanned vs. large manned spaces). A separate section for pre-
engineered systems emphasizes their difference from custom-engineered
systems.
Another comment stated that pre-engineered systems should not be
permitted to have automatic actuation because of possible piloting
problems. The comment suggested instead the use of heat actuated
detectors in combination with systems which only have manual actuation.
The Coast Guard disagrees, since the use of automatic systems in
unmanned spaces offers a distinct advantage in the early detection of
the fire and automatic discharge of the extinguishing agent. Owners or
operators who are concerned that automatic discharge of the
extinguishing agent will render the vessel without power in a
precarious situation should purchase a system with an optional engine
restart mechanism.
One comment requested that a paragraph be added emphasizing that
only one pre-engineered (automatic) system may be used to protect each
space. The Coast Guard agrees. The installation of several small
systems in place of one large system may cause the individual systems
to discharge at different times, causing the concentration of halon to
not reach high enough levels to extinguish the fire. Paragraph (c),
stating that only one system may be installed in each space, has been
added to this section of this SNPRM.
Section 181.425 Galley Hood Fire Extinguishing Systems
Another comment suggested removing the word ``pre-engineered'' from
paragraph (b) since it is not necessary. The Coast Guard agrees, and
has deleted it in this SNPRM.
Subpart E--Portable Fire Extinguishers
Section 181.500 Required Number, Type, and Location
One comment requested inclusion of UL extinguisher classifications
in addition to the Coast Guard classification in the last column of
Table 181.500(a). This is not necessary since the requirements in this
section reference Coast Guard extinguisher classifications, not UL
extinguisher classifications. All Coast Guard approved extinguishers
carry the markings necessary to make extinguisher selections.
One comment suggested that the type of halon be specified. The
Coast Guard does not agree. At the present time Halon 1211, 1301, or a
mixture thereof, is acceptable. Portable extinguishers using a type of
halon which is not accepted by the Coast Guard will not be Coast Guard
approved or accepted by UL for marine use.
Two comments stated that Table 181.500(a) should be revised to
increase the number of portable fire extinguishers required for a given
size accommodation area. The comment further stated that the table as
proposed in the NPRM would result in numerous multideck vessels which
would not need portable fire extinguishers in the accommodation areas.
Existing subchapter T currently requires at least one extinguisher in
each accommodation space, regardless of the size of the area. Even if a
deck has small or no accommodation areas, it is unlikely that any deck
would be without at least one extinguisher of some type. However the
Coast Guard does agree that each accommodation space should have an A-
II fire extinguisher, regardless of the size of the space. The Coast
Guard has revised this table in this SNPRM.
Table 181.500(a) is also being corrected in this SNPRM to delete
the halon extinguisher from the selection for accommodation spaces
since the Coast Guard has not approved halon extinguishers for Class A
fires.
One comment stated that foam fire extinguishers should not be
allowed and should be deleted from Table 181.500(a) since they add
nothing to the table. The comment is apparently referring to the old
inverting type chemical foam extinguishers which are obsolete. However,
mechanical foam (AFFF) extinguishers are being used shoreside, and can
be useful in marine applications. While none are now approved for
marine use, approvals of mechanical foam (AFFF) portable fire
extinguishers suitable for use in a marine environment are expected in
the future. The Coast Guard is retaining the category of portable foam
extinguishers in this SNPRM in anticipation of approving portable AFFF
fire extinguishers in the near future.
Another comment pointed out that the B-II extinguisher located
outside the entrance to the machinery space, under paragraph (b) of the
NPRM, is inadequate. The comment further concluded that the addition of
a fixed system does not change this. The Coast Guard disagrees.
Portable fire extinguishers are provided as a first defense against
small, local, incipient fires. Portable fire extinguishers are not
intended for fighting large, well developed fires. Fires which can not
be extinguished immediately with the portable fire extinguisher must be
fought with the fixed extinguishing system.
One comment recommended deleting the phrase ``with a volume of more
than 3000 cubic feet'' from paragraph (b). Since no details were
provided it is assumed that the comment believes that a B-II portable
fire extinguisher should be provided to supplement the fixed system
regardless of the size of the machinery space. The Coast Guard agrees
and has deleted the volumetric reference in this SNPRM. Another related
comment suggested deleting this paragraph and requiring a B-II
extinguisher instead of the B-I required by Table 181.500(a) for
machinery spaces. The Coast Guard considered both comments, and thinks
that a single B-II located just outside a machinery space will be
sufficient as a first defense. The B-II will provide more fire fighting
capacity than a B-I, which will no longer be required. Paragraph (b)
has been removed and Table 181.500(a) changed. Because most machinery
spaces contain generators, electrical wiring and/or motors, the Coast
Guard is proposing in this SNPRM to change the required extinguisher to
a B-II,C-II instead of just a B-II. The effect of the proposed change
would be to require a B-II,C-II extinguisher located outside the
entrance of a machinery space.
One comment recommended that a galley should have an A-II
extinguisher for normal Class A use. The Coast Guard agrees, and has
changed the required B-II extinguisher to A-II, B-II in this SNPRM.
This would require an extinguisher suitable for both combustible solids
(wood, paper, and plastics) and flammable liquids. The selection of
agent will be limited to dry chemical or foam (if available), since
only the latter agents are suitable for both classes of fires.
Another comment recommended requiring B-II extinguishers in open or
enclosed accommodation areas. The Coast Guard disagrees, since the
primary danger is expected to be Class A fires caused by dropped
cigarettes and matches, or electrical wiring, rather than flammable
liquids. Owners or operators desiring an extinguisher which is also
effective on flammable liquids may select a dry chemical extinguisher
of a type suitable for use on Class A, B, and C fires (an ABC type
extinguisher).
One comment suggested deleting ``B-V'' from paragraph (e) of the
NPRM. This could result in many fire extinguishers being permanently
attached to a bulkhead or deck. The purpose of this requirement is to
prevent wheeled semiportable fire extinguishers from being
uncontrollable in heavy seas. Since the same problem does not exists
with portable fire extinguishers, the Coast Guard retained the proposed
requirement in paragraph (d) of the SNPRM.
Section 181.520 Installation and Location
This section of the NPRM proposed to require portable fire
extinguishers to be placed at a location satisfactory to the OCMI. One
comment said that this section should address the visibility of fire
extinguishers. The Coast Guard has included additional wording
pertaining to this proposed requirement in this SNPRM.
Subpart F--Additional Equipment
Section 181.600 Fire Axe
One comment believed that fire axes should be stowed in locations
only accessible to the crew and not to passengers. The Coast Guard
disagrees. The requirement to locate the fire axe in or adjacent to the
operating stations will assure that it is readily available for use and
not difficult to locate, which it might be if stowed as recommended
above. The rule proposed in the NPRM has not been changed.
Section 181.610 Fire Bucket
Although a number of comments stated that the requirement for fire
buckets was ridiculous, others concurred with the requirement. Although
buckets are very simple, they can be highly effective for extinguishing
fires, especially on smaller vessels. On the M/V ACADIA a bucket
brigade extinguished a rather significant fire in September 1989 with
seawater. The requirement is retained in subchapter T, but is not
proposed in Subchapter K because of the higher level of fire detecting
and extinguishing equipment proposed to be installed on these vessels.
One comment wanted to know if fire buckets were required to meet
any construction specifications. Although no specifications are cited,
buckets are to be of suitable construction and acceptable to the OCMI.
Part 182--Machinery Installation
Subpart A--General Provisions
Section 182.130 Alternative Standards
For vessels of not more than 65 feet in length carrying not more
than 12 passengers, alternative standards may be met. Among those
alternative standards are various ABYC and 33 CFR subchapter S
requirements. Two comments stated that there is no need for this
regulation because there are not many vessels which carry this few
passengers. Also, more resources will be needed to track the vessel
from zone to zone to ensure it is never allowed to carry more than 12
passengers. The Coast Guard has adopted industry standards to as large
an extent as possible to reduce the burden on industry. With the use of
the MSIS system, keeping track of these vessels should not impose an
undue administrative burden.
One comment stated that ABYC standards are not product standards
but installation standards which contain few performance requirements.
The Coast Guard notes that most of the scope sections of the ABYC
standards state that the standards are intended as guides for design,
construction, and installation of the applicable system. The Coast
Guard considers the use of or reference to standards such as those
promulgated by ABYC or NFPA valuable, and that such use or reference
increases the safety and quality of systems and vessels. The Coast
Guard actively participates in the development of ABYC and NFPA
standards. ABYC standards are being used by ISO to develop
international standards. Specific problems with the ABYC or their
standards should be brought to the attention of the Coast Guard. If
technical arguments can be provided, the Coast Guard may be successful
in getting changes made to the ABYC standards.
Subpart B--Propulsion Machinery
Section 182.200 General
This section called for engines to have at least two means of being
stopped, and an overspeed trip and or shutdown device for all diesel
and gas turbine engine installations rated at 300 horsepower or more.
Numerous comments stated that overspeed shutdowns are not necessary.
They stated that it would be unsafe to have an engine shut down when
operating near a bridge or in vessel traffic as maneuverability would
be impaired. One additional comment stated that overspeed trips are
unnecessary on four cycle engines. And another comment wanted to know
at what RPM setting the overspeed shutdown would operate. The Coast
Guard considers overspeed trips to be proven, inexpensive safety
devices which are appropriate if the installation criteria of existing
published industry standards are met. The requirement for an overspeed
trip and/or shutdown device on diesel engines has been retained, and
the Coast Guard is proposing to incorporate ABS standards which specify
overspeed settings in this SNPRM. This proposed requirement, which is
applicable to auxiliary machinery as well as propulsion machinery, has
been moved to a new Sec. 182.410(e) to show more clearly its
application to all diesel engine installations. The provisions of
Sec. 182.220(c) cover the limited number of cases in which gas turbines
are installed aboard small passenger vessels and the overspeed shutdown
requirement for gas turbines has been left out of this section of this
SNPRM.
Subpart D--Specific Machinery Requirements
Section 182.405 Fuel Restrictions
This section restricts the use of liquefied and non-liquefied
flammable gases as fuel for internal combustion engines on all small
passenger vessels. One comment strongly opposed the use of gasoline for
all inboards. The comment stated that there are more benefits from
prohibiting the use of gasoline as an inboard propulsion fuel than from
other costly fire safety rules proposed. The Coast Guard's position is
that there are valid environmental and energy conservation reasons for
the exploration of alternative main machinery fuels (including
gasoline) and does not wish to prohibit their use. It is not intended
to imply that unsafe fuels are encouraged, but it is important to
recognize that alternative fuels will be proposed and their application
must be anticipated. Statistics indicate that gasoline is more
dangerous than diesel fuel. For this reason, additional precautions
must be adhered to when gasoline systems are installed. The rule
proposed in the NPRM has been revised in this SNPRM to allow the use of
other alternative fuels on a case-by-case basis. The Coast Guard
solicits additional input relative to alternative fuel safety, design,
and applications.
Presently there are no vessels carrying more than 150 passengers
which use gasoline as a propulsion fuel, and there are only 4 such
vessels which carry more than 100 passengers (105, 119, 120, and 150
passengers). Generally, vessels which would be regulated by proposed
subchapter K would not use gasoline as a fuel for propulsion or other
machinery, except for outboard motors on small boats. Therefore,
references to items such as gasoline, gasoline vapors, and carburetors
have been removed from proposed subchapter K in this SNPRM, except for
Sec. 119.458 which contains requirements for portable fuel systems such
as outboard motors. Section 119.405 would allow the use of alternative
fuels, including gasoline and compressed gas, on a case-by-case basis.
Section 182.410 General Requirements
This section proposed general requirements for gauges, rotating
machinery guards, enclosed machinery space gasoline engine
requirements, and compressed air starting for diesel engines. Several
requirements in paragraphs (a), (b), (d), and (f), which cover
specified machinery design or complicated the regulations, have been
removed in this SNPRM.
Two comments indicated that, as a result of casualties, there is a
need for paragraph (c) in the NPRM to require both visible and audible
alarms for exhaust cooling water flow failure. The Coast Guard has
concluded that a suitable visible or audible warning device is adequate
and has included this requirement in Sec. 182.425 (b)(5).
Another comment stated that outboards should be exempt from
paragraph (c). The Coast Guard agrees this requirement is not intended
to apply to outboard engines and has clarified this in this SNPRM.
One comment stated that the vapor detectors required by paragraph
(e), (now paragraph (c) in the SNPRM) are complex, vulnerable to damage
and corrosion, and some are useless at high or low temperatures. The
Coast Guard has concluded that reliable marine combustible gas
indicators are necessary to protect against the hazards of gasoline and
other fuels with low flashpoints. Combustible gas indicators have been
effective in atmospheres containing gasoline fumes and compressed
natural gas. The indicators must be strictly used and maintained as
recommended by the manufacturer to ensure reliability.
One comment proposed that paragraph (e) in the NPRM should require
any space containing gasoline fuel tanks, as well as gasoline
machinery, to have vapor detectors due to possible valve and gage
leaks. Casualty statistics do not support the need for this measure.
Although the Coast Guard agrees that valve and gage leaks are possible,
the likelihood of fuel leaks is much greater in a machinery space. Most
separate fuel tank compartments will have much fewer, if any, ignition
sources and the risk of explosion is much less. Therefore, the Coast
Guard has limited requirements for vapor detectors to machinery spaces
in this SNPRM.
Another comment stated that vapor detectors are not necessary on
open boats whose decks are open at sides for ventilation, since the
operator can detect the gasoline odors. Reliance on the operator's
ability to smell gasoline odors is not considered to be an adequate
substitute for a vapor detector.
One comment stated that all hoses should be double clamped where
practicable. Double clamping for hoses is found in several regulation
cites, specifically: Sec. 182.422(e), keel coolers; Sec. 182.445(g),
fuel fill and sounding pipes; and Sec. 182.455(a)(2)(viii), fuel
piping. The Coast Guard has decided to have a general requirement for
double clamping where use of clamped hoses is allowed. The double
clamping of hoses is included as a general requirement in new paragraph
(d) [K Sec. 119.410(c)] in this SNPRM.
Section 182.415 Carburetors
No comments were received on this section. However, in another
regulatory project entitled ``Incorporation and Adoption of Industry
Standards'' [CGD 88-032], published as a final rule in the Federal
Register on 29 July 1991 (56 FR 35817), the Coast Guard developed new
standards for backfire flame arrestors. These standards have been
incorporated into this SNPRM. As a result, the two additional industry
standards cited in that rule have been included for incorporation by
reference under proposed Sec. 175.600 of this SNPRM. These standards do
not apply to outboard engines, and proposed Sec. 182.415(b) has been
revised accordingly.
Section 182.420 Engine Cooling
This section proposed specific requirements for engine cooling
systems for all inboard engine installations. In the NPRM, reference
was made to ABYC standards P-4 and P-10 for vessels of not more than 65
feet in length carrying not more than 12 passengers. ABYC P-10 is an
outdated standard. ABYC P-4 has been updated and the appropriate
requirements concerning air-cooled engines were incorporated into it.
The SNPRM reflects this update.
One comment pointed out that ABYC P-4 does not limit maximum
temperatures of exposed exhaust surfaces or require ignition protection
of starter, distributor, or other components, and recommended that, for
all gasoline installations, all electrical components and the engine
should be ignition protected as determined using UL test method 1500.
The Coast Guard realizes that ABYC P-4 does not specifically address
ignition protection of electrical components of engines. However, ABYC
P-4 references ABYC E-9 which requires potential sources of ignition
located in gasoline machinery or fuel tank spaces to be ignition
protected. The Coast Guard does not agree that the engines themselves
need to be ignition protected and considers the requirements contained
in ABYC P-4 and Secs. 182.410 and 183.530 [K Sec. 120.530] to be
sufficient.
Section 182.422 Keel Cooler Installations
This section contained requirements for keel coolers similar to
those found in 46 CFR 56.50-96 of subchapter F. Two comments stated
that isolation valves are not necessary and two others stated that
internal shutoff valves may cause more problems than they solve. The
Coast Guard disagrees. Isolation valves must be installed to ensure
system integrity. The Coast Guard is not aware of any problems caused
by properly installed and maintained internal shutoff valves in keel
cooler installations. These, like other internal shutoff valves (e.g.,
sea chest valves) are necessary to prevent uncontrolled flooding in the
event of structural failure.
One comment stated that double hose clamps should be required by
paragraph (e)(3) in all cases, because it is difficult to determine
visually whether a pipe has beaded ends. Another comment recommended
that all pipe ends be required to be beaded because it gives superior
sealing results. The Coast Guard agrees a beaded pipe provides better
sealing performance than straight pipe. Therefore, only single clamping
is required on a beaded pipe. However, it is difficult to determine if
a pipe is beaded when an existing installation is inspected. If the
marine inspector is not convinced that the pipe is beaded, double
clamping will be required where practicable. Double clamping of hoses
is also discussed under Sec. 182.410 of this preamble.
Several comments stated that the requirements for keel coolers were
too specific and too complex, citing requirements such as required edge
preparation, cooler structure, and fairing requirements. The Coast
Guard concurs and has greatly simplified these requirements in this
SNPRM. In addition the requirements for keel coolers in Sec. 182.423
have been combined with this section because they are now so similar.
Section 182.423 Grid Cooler Installations
This section, which has been combined with Sec. 182.422 in this
SNPRM, proposed requirements for grid cooler hull penetrations,
protective measures, and shutoff (isolation) valves. One comment stated
that grid cooler hull penetrations through cofferdams or seachests,
required by paragraph (a), eliminated the need for the shutoff valves
required by (c). The Coast Guard disagrees. Longstanding policy for
grid coolers assumes that the force required to damage a non-integral
keel cooler would likely be sufficient to indent a vessel's hull and
place severe stresses on inboard piping. Such a casualty could
conceivably lead to a concurrent piping system failure. Isolation
valves must be installed to ensure system integrity.
One comment stated that internal shutoff valves may cause more
problems than they solve. The Coast Guard disagrees. Isolation valves
must be installed to ensure system integrity. The Coast Guard is not
aware of any problems caused by properly installed and maintained
internal shutoff valves in keel or grid cooler installations. These,
like other internal shutoff valves (e.g., sea chest valves), are
necessary to prevent uncontrolled flooding in the event of structural
failure.
Another comment stated that the phrase ``as close to the hull as
practicable'' should be added to paragraph (c). The Coast Guard concurs
and the addition has been made in Sec. 182.422 (b) of this SNPRM to
clarify the intended location of the shutoff valves.
Several comments stated that the requirements for grid coolers were
too specific and too complex, citing requirements such as required edge
preparation, cooler structure, and fairing requirements. The Coast
Guard concurs and has greatly simplified these requirements in this
SNPRM.
Section 182.425 Engine Exhaust Cooling
This section contains requirements for horizontal and vertical
exhaust systems, and exhaust cooling water systems. It references ABYC
Standard P-1 as an alternative. One comment called for more stringent
standards for dry exhaust systems, as per NTSB Recommendation M-85-083.
The Coast Guard disagrees. NTSB recommendation 85-083 calls for dry
exhaust stacks to be insulated with removable insulation pads as a
result of a fire onboard M/V FANTASY ISLANDER. Other factors
contributed to the fire on that vessel. Overall, satisfactory
performance has been achieved from properly installed and maintained
exhaust insulation.
One comment stated that cooling water for an exhaust pipe is
sometimes injected after a dry muffler, in which cases the exhaust will
be lagged as necessary. The Coast Guard agrees. However,
Sec. 182.425(b)(3) adequately covers this concern.
One comment stated that paragraph (b)(5) should specifically define
failure in terms of partial or full water flow loss, or temperature
increase. The regulation is written such that the designer will
consider and anticipate the additional concern associated with an
exhaust cooling system which is separate from the engine cooling
system. As with all designs, it is incumbent on the designer to ensure
that his particular system is adequately safeguarded. However, the
regulation in this paragraph and in Sec. 182.410(c) has been reworded
in this SNPRM for clarification.
One comment expressed concerns that ABYC P-1, referenced in
paragraph (c), allows too many questionable materials and that the loss
of cooling water will damage them. It recommended the use of UL test
method 1129 to ensure higher temperatures can be withstood.
Additionally, the comment recommended using UL ignition protection test
method 1500 to check if exposed surfaces reach 200 deg.F. The Coast
Guard disagrees. ABYC Standard P-1 is the primary standard referenced
in 46 CFR Subchapter F for many years. Acceptable service has resulted
from complying with this standard. To minimize the burden on the
industry while maintaining safety, meeting ABYC Standard P-1 is
considered to be satisfactory.
Section 182.430 Engine Exhaust Pipe Installation
Requirements for installation of horizontal and vertical exhaust
systems, insulation, and exhaust cooling water systems are contained in
this section, which references ABYC Standard P-1 as an alternative. One
comment stated that simply requiring schedule 80 piping requirement in
paragraph (c) (paragraph (d) in the SNPRM) is not good because
materials such as PVC might be used, and recommended that an ABYC or
NFPA requirement be referenced instead. The Coast Guard agrees, and the
second sentence of the paragraph directed the reader to the materials
listed in ABYC Standard P-1. This standard is referred to in
Sec. 182.45 of the SNPRM. PVC pipe is not listed, but fiberglass
materials which have been certified for marine use are acceptable for
the exhaust piping in wet exhaust systems for both gasoline and diesel
engines.
Two comments stated that the schedule 80 requirement is too strict
because most problems occur at the point of water injection, and
schedule 40 should be allowed at other points. The Coast Guard
disagrees. The most highly recommended materials for use in exhaust
systems are all corrosion resistant. Limited life can be expected from
galvanized steel and iron piping, which are subject to corrosion at
high rates. Therefore, the requirement for such materials to be
schedule 80 is not unreasonable.
Concerning paragraph (d), two comments stated that any hose should
be ``certified'' for exhaust use. Materials required to be
``certified'' for marine use are subject to manufacturer self-
certification. The Coast Guard does not think it is necessary to
require this ``certification'' for exhaust hose. Recreational boats are
the only products presently required to be ``certified'' by their
manufacturers.
Two comments stated that clamped hoses should be double clamped.
The Coast Guard agrees. This statement is consistent with ABYC Project
P-1, which requires double clamping, and has been incorporated by
reference in these regulations. As discussed under Sec. 182.410, the
NPRM has been revised by requiring double clamping of any flexible
nonmetallic hose, when practicable. There will be few or no occasions
when double clamps should not be used in exhaust systems.
Four comments stated that water cooled aluminum exhaust pipe should
be allowed to penetrate an aluminum bulkhead on an aluminum vessel. The
Coast Guard disagrees. ABYC Standard P-1 is the recognized standard for
exhaust systems for propulsion and auxiliary machinery. This standard
does not recognize aluminum as an acceptable material for either wet or
dry exhaust systems for diesel or gasoline engine installations.
Aluminum has a relatively low melting point and will distort when
subjected to high temperatures resulting from engine exhaust.
Three comments stated that the spark arresters required by
paragraph (g) are not necessary on steel or aluminum vessels or for
diesel engine installations. The Coast Guard agrees they are not
necessary on diesel engines, and has deleted the requirement in this
SNPRM. Section Sec. 182.415 requires backfire flame control on gasoline
engines, except outboard motors, to minimize the chance of a fire.
One comment requested that paragraph (i) be changed to more clearly
require adequate access for inspection. The Coast Guard concurs with
the intent of this comment and has reworded the regulation in this
SNPRM to clarify that access should be adequate to allow complete
inspection of the exhaust system.
One comment recommended adding a subparagraph prohibiting exhaust
piping from passing through or within 3 feet of fuel tanks.
Installations are occasionally attempted with exhaust pipes touching,
or passing through tunnels in, fuel tanks. The Coast Guard agrees that
there is danger in allowing hot exhaust pipes near fuel tanks. Section
177.400(a) states that the general construction of the vessel must be
such as to minimize fire hazards and Sec. 182.430(i) states that
arrangements must be made to provide access to the exhaust piping
throughout its length. Exhaust piping should not touch fuel tanks or be
run through fuel tanks in pipe tunnels. The regulations as written are
adequate to decrease the incidence of unsafe arrangements while
allowing the designer flexibility in design and arrangement of vessel
systems.
Section 182.435 Integral Fuel Tanks
Requirements for gasoline and diesel integral fuel tanks are
proposed in this section. One comment questioned why independent tanks
are prohibited from having access openings in sides and ends of tanks
and integral tanks are not. This comment stated there was little
difference between independent and integral tanks, and that the
regulations concerning access openings should be the same. The
prohibitions against openings in sides and ends of independent fuel
tanks in Sec. 182.440 are consistent with other established standards
such as UL 1102. Due to the arrangement of some integral tanks, manhole
openings may not always be practicably located on the top of the tanks.
The rule proposed in the NPRM is considered adequate.
Section 182.440 Independent Fuel Tanks
This section proposed requirements for independent fuel tanks which
address materials, construction, location, installation, tests, and
alternative procedures. One comment stated that the design details in
paragraph (a) could be omitted if an overpressure test was required.
The Coast Guard disagrees because a hydrostatic test cannot be used in
lieu of design requirements which address things such as fire
protection, mechanical damage, and free surface effects. The tests
required by Sec. 182.440(c) are intended to ensure adequate
construction.
One comment stated that a section discussing resins which are
acceptable when wrapping steel or aluminum tanks in FRP should be
added. The Coast Guard disagrees because this type of installation is
not typical aboard inspected vessels. ABYC Projects H-24 and H-33 both
include guidance for metallic and nonmetallic tanks that are enclosed
in plastic. This guidance is considered acceptable for vessels of not
more than 65 feet in length carrying not more than 12 passengers.
Wrapping steel or aluminum tanks in FRP for use on larger vessels must
be approved by Commandant as stated in Sec. 182.440(a)(2) of the NPRM.
One comment stated that stainless steel should be specifically
listed as a non-approved material. The Coast Guard agrees. Footnote 4
to Table Sec. 182.440(a)(1) of the NPRM stated that stainless steel is
not accepted under the heading of ``steel''. This requirement has been
clarified in this SNPRM by adding a separate footnote to address
stainless steel. However, materials other than those listed in Table
182.440(a)(1), including stainless steel, will be considered by
Commandant under Sec. 182.440(a)(3) of this SNPRM.
One comment stated there seems to be an inconsistency in the NPRM,
because footnote 4 of the Table prohibits stainless fuel tanks but
paragraph (d) makes an exception by accepting ABYC which allows
stainless steel cylindrical tanks less than 150 gallons. Alternative
procedures in paragraph (d) allow tanks to be built in accordance with
ABYC Projects H-24 or H-33, on vessels of not more than 65 feet in
length carrying not more than 12 passengers. Both ABYC standards allow
316L stainless steel to be used in construction of cylindrical tanks of
less than 20 gallons with domed heads. Accelerated localized corrosion
is a major shortcoming of stainless steel in an environment subjected
to contact with salt water. Paragraph (d) and the footnotes to Table
182.440(a)(1) have been modified in this SNPRM to reflect the current
policy that stainless steel and other materials not listed in the table
can only be used with the Commandant's approval.
One comment strongly supported installation of metallic fuel tanks
in a manner which will permit examination of the entire top of the tank
and the fittings allowed by paragraph (a)(4) of the NPRM, since the
tank is subject to corrosion. The Coast Guard agrees that the top of
the tank is subject to corrosion which necessitates close inspection.
Section 182.440(b)(2) of the NPRM proposed that fuel tanks and fittings
be installed to permit examination and is unchanged in this SNPRM.
One comment observed the inconsistency in the NPRM that sight
glasses are not permitted by paragraph (a)(4), but paragraph (a)(6)
allows them for diesel tanks. The prohibition against sight glasses in
gasoline fuel tanks is consistent with subchapter F (46 CFR 58.50). To
make paragraphs (a)(4) and (a)(6) of the NPRM consistent, paragraph
(a)(4) (paragraph (a)(5) of this SNPRM) has been modified to allow
tubular gauge glasses for diesel systems. Future consideration will be
given to making 46 CFR 182.440, 46 CFR 58.50, and the ABYC standards
consistent.
Two comments stated that tank cleaning openings allowed by
paragraph (a)(4)(i) of the NPRM should be required to be valved to
prevent accidental discharges of fuel. Allowing an opening for a
threaded plug or cap is consistent with subchapter F (46 CFR 58.50)
requirements. To require a valved arrangement for a small passenger
vessel would exceed the requirement for vessels subject to 46 CFR
subchapter F. Alternative compliance with ABYC Projects H-24 or H-33
provides allowances for drain valves on fuel tanks. Provided that it is
adequately guarded against accidental opening, the valved fuel drain
might be a better arrangement. Removal of this paragraph will be
considered in the next revision of subchapter F. Consideration will be
given to making 46 CFR 182.440, 46 CFR 58.50, and the ABYC standards
consistent.
Referencing paragraph (a)(6), one comment recommended that try
cocks not be allowed on any tank as they are too easily left in the
open position. The Coast Guard agrees. Try cocks may be accidentally
left in the open position and may even vibrate open if not properly
maintained. Try cocks in fuel systems are not a good practice because
fuel invariably flows to the bilges or on other equipment during
soundings. The SNPRM has been revised in paragraph (a)(7) to delete the
reference to try cocks.
One comment stated that the requirements for vertical baffle plates
in paragraph (a)(7) of the NPRM ((a)(8) in the SNPRM) is irrational and
cumbersome, and increases maintenance and difficulty in construction.
This comment thought paragraph (a)(9) of the NPRM sufficient to avoid
structural damage or instability. Another comment stated that no
similar requirements exist for integral tanks and that fuel sloshing
frequency will rarely reach the natural frequency of the tank for a 30
inch dimension. Another comment disagreed, stating that structural
integrity problems and dynamic instability will occur if baffle spacing
exceeds 30 inches, and that apparent cost savings do not justify the
work and calculations to prove, under paragraph (a)(9) of the NPRM,
that certain baffles are not required. The Coast Guard sees no reason
to limit the flexibility allowed by the regulations as written. The
regulations permit the flexibility of following the regulatory
requirement for constructing the tank with baffles, or using design
calculations to show equivalent tank design and construction.
One comment stated paragraph (a)(8) of the NPRM should require
baffles to be continuously welded or specify a welding sequence,
because the welds pull loose when spot welded. The baffle plate
requirement is consistent with Subchapter F requirements (46 CFR 58.50)
and ABYC standards. No changes were made to the rule proposed in the
NPRM.
Two comments requested identification of the types of calculations
required by paragraph (a)(9) of the NPRM to show the adequacy of tanks
without baffles. The Coast Guard disagrees. There are many methods
ranging from finite elements to basic handbook formulae which
incorporate a wide range of assumptions. The designer must substantiate
the method used to the OCMI who may, in turn, request technical
assistance from the Marine Safety Center as necessary.
One comment stated that FRP standards should be included in Table
182.440(a)(1). The Coast Guard agrees. Fiberglass has been added to the
Table, with specific fire retardancy and construction requirements
given in new paragraph (a)(2). Paragraphs (a)(3) through (a)(8) have
been renumbered. The two ASTM test standards cited in the new paragraph
(a)(2) have been included for incorporation by reference under proposed
Sec. 175.600 of this SNPRM. Paragraphs (a)(5), (a)(6), (a)(7), (a)(8)
and (a)(9) of the NPRM have been revised in this SNPRM to clarify that
certain of the proposed requirements are applicable only to metal
tanks. In particular, baffle plates are not considered necessary in
fiberglass tanks because the tanks must pass the sloshing and impulse
loading tests of UL 1102, which are designed to test the structural
adequacy of the tank. UL 1102 is widely accepted as a standard for
fiberglass tanks. Baffle plates may be installed in fiberglass tanks if
the owner or builder desires, as allowed by proposed
Sec. 182.440(a)(2)(v) of this SNPRM. In the past, and as proposed in
this SNPRM, regulatory design standards have been substituted for
performance standards such as UL 1102. Persons wishing to do so may
propose, under Sec. 175.540, that the design standards for fiberglass
tanks in UL 1102 be accepted as equivalent to the requirements in this
section for the construction of metal tanks. These equivalencies would
be handled on a case-by-case basis by the Marine Technical and
Hazardous Materials Division at Coast Guard Headquarters.
One comment stated that ABYC standards should not be allowed as
alternatives in paragraph (d) because they allow rotationally molded
plastic tanks on which ABYC has not yet completed the 2\1/2\ minute
burn test. The Coast Guard's position is that nonmetallic tanks can be
used, but agrees that materials used in the construction of tanks must
be regulated. Paragraph (d) has been modified in this SNPRM to reflect
current policy on materials not listed in Table 182.440(a)(1).
Section 182.445 Fill and Sounding Pipes for Fuel Tanks
This section is similar to existing regulations, but has the
significant difference of allowing alternative compliance with ABYC
standards and 33 CFR part 183 for vessels of not more than 65 feet in
length carrying not more than 12 passengers. One comment stated that
flexible hose allowed by paragraph (g) of this section and
Sec. 182.450(g) should be labeled A-1 if it can trap fuel and B-1
otherwise. The regulations in 33 CFR part 183 adequately address the
use of USCG Type A-1 and B-1 hose. The Coast Guard does not intend for
this requirement to limit hose selection to Type A-1 and B-1 hoses.
Many other hoses meeting the fuel requirements in SAE J1942 may be used
if Type A1 or B1 hose is not adequate for the intended application.
One comment stated that sounding pipes on the sides of a tank are
impractical and inaccurate. The Coast Guard agrees that sounding pipes
on sides of tanks may be impractical. However, where it is necessary to
have sounding pipes on the sides of the tanks, these regulations do not
prohibit such an arrangement.
Section 182.450 Vent Pipes for Fuel Tanks
This section is similar to existing regulations, but has the
significant difference of allowing alternative compliance with ABYC
standards and 33 CFR part 183 for vessels of not more than 65 feet in
length carrying not more than 12 passengers. One comment stated that
paragraph (f) should be deleted and that paragraph (e) is adequate. The
comment stated that ABYC and 33 CFR do not adequately address flame
screens. The Coast Guard disagrees. ABYC and 33 CFR require flame
arresters, which accomplish the same thing as flame screens, and these
standards are considered adequate for vessels of not more than 65 feet
in length carrying not more than 12 passengers.
Section 182.455 Fuel Piping
This section is similar to existing regulations, but has the
significant difference of allowing alternative compliance with ABYC
standards and 33 CFR part 183 for vessels of not more than 65 feet in
length carrying not more than 12 passengers. Further, it has been
reorganized by referencing a new Sec. 182.720(e) specifically dealing
with the use of flexible nonmetallic hose installations, and by moving
paragraph (a)(2) to that new section.
There were no comments questioning the 30 inch hose length
limitation in paragraph (a)(2)(i). The Coast Guard periodically
receives inquiries concerning the use of substantially longer lengths
of flexible hose as fuel line. Reasons for a 30 inch limitation are
that hard piped fuel systems result in a somewhat higher level of
safety and reliability, and, traditionally, are good engineering
practice. The Coast Guard's position is that hoses are reliable when
properly maintained and installed, and provide excellent service in
areas of high vibration and difficult access, and has allowed their use
for runs longer than 30 inches in the past. In this SNPRM, the 30 inch
limitation has been removed, but the Coast Guard is soliciting comments
concerning the reliability and safety of using flexible hose in place
of fuel piping or tubing. Although not proposed in this SNPRM, the
Coast Guard is considering a mandatory replacement interval for
flexible nonmetallic hose, and solicits comments from hose
manufacturers and users on recommended replacement intervals.
One comment recommended adding a section to paragraph (a)(2)
restricting the use of flexible hose in undesirable locations,
recommending, ``(ii) flexible hose may only be used where necessary for
vibration absorption such as where connecting up to running
machinery.'' The requirement proposed in the NPRM would prohibit
flexible hose from being installed in undesirable locations.
Specifically, ``flexible hose runs must be visible, easily accessible,
and must not penetrate watertight bulkheads.'' The Coast Guard sees no
reason to make a change.
One comment stated that allowing the use of 5 psi A and B hose in
subparagraph (a)(2)(vi) would provide relief for both inspectors and
owners. Another comment stated that there should not even be this much
of a relaxation of this requirement. The Coast Guard agrees that this
would be a relaxation to owners and inspectors and disagrees that the
regulation is too relaxed. Careful reading of the regulation shows that
the operating pressure is limited to 5 psi and that the limitations of
33 CFR must be followed.
Paragraph (a)(2) has been moved to a new Sec. 182.720(e)(3) in this
SNPRM so that, as much as is possible, nonmetallic flexible hose
requirements are in one location with requirements for other
nonmetallic piping materials.
One comment stated that the phrase ``The shutoff valve at the tank
must be operable from outside the tank compartment'' in paragraph
(b)(4) raises the question of the acceptability of reaching through an
access opening or door into the compartment, and if so, whether the
valve should be shielded from flames. The Coast Guard's position is
that if the remote shutoff valve is located in the engine room, then it
should be remotely operable from outside the space in order to shut off
fuel in case of an emergency. This requirement has been reworded in
this SNPRM to be more like the wording in Sec. 56.50-60(d)(1) of
subchapter F, which more clearly shows the intent that the fuel shutoff
valve must be operable from outside the compartment in which the valve
is located. Additional requirements have been added to ensure that, if
someone has to reach into the engine room to operate the remote fuel
shutoff valve, the valve is not located more than 12 inches away from
the deck or bulkhead and is shielded from flames by the same material
the hull is constructed of, or some noncombustible material. If the
remote shutoff valve is located in any other compartment but the engine
room, these additional requirements would not apply.
Section 182.458 Portable Fuel Systems
The regulation proposed in the NPRM is new and adopts ABYC H-25 for
outboard engine portable fuel system installations. One comment stated
that portable tanks should have a label or marking showing that it was
constructed to the ABYC standard. The Coast Guard agrees. However,
neither ABYC H-25 nor UL 1102 requires marking that would indicate
compliance with the standard. UL 1102 does require that the tanks be
marked indicating that they are tested under 33 CFR 183.580, which is
the Coast Guard requirement for testing of fuel tanks permanently
installed on recreational boats. In future modifications to ABYC H-25,
the Coast Guard will propose markings which show compliance.
Section 182.460 Ventilation of Spaces Containing Gasoline Machinery or
Fuel Tanks
This section is similar to existing regulations, but has the
significant difference of allowing alternative compliance with ABYC
standards and 33 CFR part 183 for vessels of not more than 65 feet in
length carrying not more than 12 passengers. One comment stated that
the terms ``enclosed spaces'' and ``partially enclosed spaces'' used in
paragraphs (a)(1) and (a)(2) should be defined. Also, ``open spaces''
should be defined to have the same meaning as in 33 CFR part 183. The
Coast Guard agrees in principal. ``Open to the atmosphere'' is defined
in 33 CFR 183.605 and ABYC Project H-2, and can be repeated in this
regulation. Likewise, ``enclosed spaces'' and ``partially enclosed
spaces'' may be unnecessarily vague and open to too much
interpretation. In proposed Sec. 175.400 of this SNPRM, the Coast Guard
has included definitions to clarify these three terms. The proposed
definitions are: ``open to the atmosphere'' means a compartment that
has at least 15 square inches of open area directly exposed to the
atmosphere for each cubic foot of net compartment volume; ``enclosed
space'' means a compartment that is not exposed to the atmosphere when
all access and ventilation closures are secured; and ``partially
enclosed space'' means a compartment that is neither open to the
atmosphere nor an enclosed space. However, defining these terms will
affect the following sections which also use these terms:
Sec. 177.400(g) which limits paint thickness in enclosed and partially
enclosed spaces; Sec. 177.500(q) which concerns means of escape from
enclosed spaces; Sec. 177.600 which affects ventilation of enclosed and
partially enclosed spaces; Sec. 181.400(b)(4) which uses the phrase
``so open to the atmosphere'' in referring to spaces which require
fixed gas fire extinguishing systems; and Secs. 181.400(h) and (i)
which use the terms ``enclosed'' and ``partially enclosed'' in
referring to vehicle spaces which require sprinkler systems. These
definitions shouldn't impact the other requirements. However, the Coast
Guard specifically solicits comments concerning these proposed
definitions.
One comment stated that there are major problems with ABYC H-2,
which is allowed by paragraph (m) as an alternative for vessels of not
more than 65 feet in length carrying not more than 12 passengers. The
comment recommended that at least one power driven exhaust blower
should be installed for each piece of gasoline powered machinery as
well as for each gasoline storage place. The Coast Guard disagrees.
ABYC Project H-2 is a standard similar to 33 CFR part 183, subpart K
and has proven to be adequate. Although ABYC Project H-2 does not
require a specific number of blowers to be installed, it does provide
guidance on the required air flow in cubic feet per minute.
Section 182.465 Ventilation of Spaces Containing Diesel Machinery
This section is similar to existing regulations, but has the
significant difference of allowing alternative compliance with ABYC
standards and 33 CFR part 183 for vessels of not more than 65 feet in
length carrying not more than 12 passengers. One comment stated that
the requirement, in paragraph (c), to extend the duct to the bottom of
the diesel engine room is unnecessary if the forced air system can
provide the necessary circulation. The Coast Guard disagrees. The
reason for the duct extending to the bottom of the engine room is to
ensure that diesel fumes, which are denser than air and tend to
accumulate in the bilges, are removed by the ventilation system. No
changes have been made to the rule proposed in the NPRM.
One comment stated that the requirement, in paragraph (e), for the
area of the cowl opening to be twice the area of the vent duct is
impractical. Requiring the cowl area to be not less than the required
vent area should be sufficient. This part of the regulation is
consistent with the analogous regulation in Sec. 182.460 for spaces
containing gasoline machinery. This cowl sizing requirement is intended
to minimize airflow losses due to restrictions and turbulence in the
intake. An even larger cowl opening is necessary to compensate for
installed wire screen.
Subpart E--Bilge and Ballast Systems
Section 182.500 General
This section expands upon current regulations by addressing larger
small passenger vessels, and allows ABYC Project H-22 as an alternative
for vessels of not more than 65 feet in length carrying not more than
12 passengers. One comment stated that the phrase ``small buoyancy
compartment'' in paragraph (a) should be defined. In general, a small
buoyancy compartment is a ``small'' void space which, if flooded, does
not impair the stability of the vessel. Some OCMIs might require the
submission of stability calculations to prove that the stability of the
vessel is not impaired.
One comment stated that paragraph (b) is grossly inadequate, and
stated as an example that ABYC does not specify where pumps should be
located. The Coast Guard disagrees. ABYC Project H-22 is not intended
for small passenger vessels of more than 65 feet in length or with
large passenger capacities, but this regulation is written to allow
this standard to be used as an alternative only for vessels of not more
than 65 feet in length carrying not more than 12 passengers. ABYC H-22
is considered adequate for this application
Another comment stated that paragraph (b) would allow the use of
submersible pumps on vessels of not more than 65 feet in length
carrying not more than 12 passengers, which may be unsafe because it
puts the entire load of dewatering on the vessel's battery system. ABYC
Project H-22 addresses electrically operated bilge pumps. As long as
the system is installed in accordance with the standard, it should be
safe. The boat's electrical system, including size and number of
batteries and alternators, must be adequately designed and proper
maintenance must be conducted to account for the load of the
electrically operated pumps.
Proposed paragraph (c), which contained the requirement for vessels
proposed in this SNPRM to be regulated by subchapter K to have bilge
pumps and piping in accordance with subchapter F, has been deleted in
this SNPRM. This requirement has been incorporated into K Secs. 119.510
and 119.520.
Section 182.510 Bilge Piping System
This section contains requirements for bilge piping systems which
are similar to previous regulations. One comment agreed that the
``Rule'' type pumps (Rule is a manufacturer of small submersible
electric bilge pumps) allowed by paragraph (c) were acceptable but
should only be authorized for vessels of not more than 65 feet in
length carrying not more than 49 passengers and each pump should have
the minimum capacity specified in the table. The comment suggested that
this could be corrected by referencing Sec. 182.520(e). The Coast Guard
agrees, and finds the regulations proposed in the NPRM are adequate in
fulfilling this need. In selecting a ``Rule'' pump it is necessary to
refer to Sec. 182.520(e).
Section 182.520 Bilge Pumps
This section is essentially the same as existing regulations, but
also incorporates current policy concerning power pumps as an
alternative to portable and fixed hand pumps, greater acceptance of
electric submersible bilge pumps, and bilge pump requirements for
catamarans. The wide range of comments illustrates the philosophical
differences regarding the function of the bilge system. Regardless of
individual biases on the issue, current Coast Guard policy is that the
bilge system is not intended to serve as the primary deterrent against
the ingress of seawater due to flooding but serves to dewater
accumulation in spaces which results from normal vessel operations
including sweating, packing and seal leakage, and other normal leakage
from properly operating equipment and machinery. The bilge system also
serves to dewater after a casualty is corrected. Note that ``ordinary
leakage'' is specifically addressed in Sec. 182.510(a). The Coast Guard
opinions below reflect this line of thinking.
One comment expressed the belief that this section was grossly
inadequate, and recommended large capacity auto/manual electric pumps
in each compartment. The comment indicated that undetected flooding has
caused the greatest loss of certificated vessels, and that engine
driven pumps are unacceptable. The Coast Guard disagrees. Proposed
Sec. 182.530 requires bilge level alarms on vessels of at least 26 feet
in length, which will help solve the problem of undetected flooding.
All vessels greater than 26 feet in length must also be equipped with
fixed power bilge pumps in case of flooding.
One comment recommended that Table 182.520(a) require two 25 gpm
fixed power bilge pumps on ferries and vessels carrying more than 49
passengers since the failure of a single pump would be catastrophic.
The Coast Guard disagrees. To require ferries carrying more than 49
passengers and not more than 65 feet in length to have more than one
bilge pump would be more restrictive than 46 CFR subchapter F, which
would require only one power bilge pump. This change is not considered
necessary.
Three comments stated that emergency hand pumps required by
paragraph (b) are useless and unnecessary. The Coast Guard disagrees
with these comments. The comments went on to state that the size of the
vessel should be considered in allowing hand pumps. The size of the
vessel is considered since hand pumps are required only on smaller
vessels. However, portable hand pumps are not as effective as power
bilge pumps. As stated in the preamble of the NPRM, power pumps are
allowed as alternatives when portable and fixed hand pumps are
required. The rule proposed in the NPRM has been revised in this SNPRM
to specifically allow power pumps as alternatives when portable and
fixed hand pumps are required.
One comment stated that the criteria in paragraph (b)(2) are not
sufficient for minimum suction and discharge hose lengths. The Coast
Guard disagrees. The regulation states that the suction and discharge
hoses for portable hand bilge pumps are to be ``capable of reaching the
bilges of each watertight compartment.'' The suction hoses should be
long enough to draw water out of each bilge and the discharge hose
should be long enough to safely discharge bilge water overboard.
Portable hand pumps often discharge into a bucket for subsequent
disposal of bilge water. This may not be accepted by the OCMI for
larger vessels. The regulation as written is considered adequate.
One comment stated that paragraph (e), allowing the use of
submersible pumps on vessels of not more than 65 feet in length
carrying not more than 49 passengers, may be unsafe because it puts the
entire load of dewatering on the vessel's battery system. The Coast
Guard does not agree that this will be unsafe if the system is designed
and installed properly. The boat's electrical system, including size
and number of batteries and alternators, must be adequately designed
and proper maintenance must be conducted to account for the load of the
electrically operated pumps. A new paragraph (e)(8) is being proposed
which will require that electrical capacity be taken into account in
design of the electrical system on a vessel equipped with submersible
bilge pumps. However, bilge pumps are not intended to be able to keep
up with uncontrollable flooding.
Two comments recommended that the ``Rule'' type pumps allowed by
paragraph (e) should each have a capacity of 10 gpm, and that this
should be clearly stated in the regulations. The Coast Guard agrees but
finds that it is already stated adequately. Paragraph (e) states that a
``submersible electric bilge pump may only be used as a power bilge
pump required by Table 182.520(a) * * *'' provided certain conditions
are met. Table 182.520(a) lists the minimum requirements for power
bilge pumps, the least capacity of which is 10 gpm. It should be noted
that most submersible electric bilge pumps are of the low pressure
centrifugal type which have a reduced flow capacity when operating
resistance (or head) is increased. Most of these pumps come with a
head-capacity diagram from the manufacturer, which frequently indicate
that actual flow can be as much as 50% less than nominal flow when
operating against as little as 2 or 3 feet of head. This should be
taken into account by owners and operators when designing and
installing these pumps, so that the flow, from the pump as installed,
meets the regulatory minimum.
One comment stated that, where individual pumps are used for
separate spaces as allowed by paragraph (e), they should be required to
be controlled from a central point. One comment stated each bilge pump
allowed under paragraph (e) should have a running light at the
operator's station. The Coast Guard agrees that individual pumps
provided for separate spaces should be controlled from a central point.
A light which shows that a bilge pump is running will provide instant
feedback to the operator on the status of the bilge pumps. Many present
installations are already this way. The rule proposed in the NPRM has
been revised in this SNPRM to identify requirements for individual
pumps which are provided for separate spaces.
One comment stated each bilge pump allowed under paragraph (e)
should be controlled by a float switch. The Coast Guard does not agree
that float switches are necessary for a safe bilge pump system.
Two comments stated each bilge pump allowed under paragraph (e)
should be connected by rigid piping to non-return valves. The Coast
Guard considers suitable flexible hose adequate, and the proposed
requirements for its use are in the NPRM. The Coast Guard concurs that
a non-return valve is good idea, but the pressure put out by these
pumps is typically not enough to open a check (non-return) valve. For
this reason a shutoff valve is required at the hull penetration in case
of back flooding.
One comment questioned the meaning of the term ``primary pump''
used in paragraph (j)(1), and requested that the connection between
this term and Table 182.520(a) be clarified. The Coast Guard agrees. To
minimize confusion, the term ``primary'' has been changed to
``dedicated'' in this SNPRM to agree with terminology found elsewhere
in this subpart.
One comment stated submersible bilge pumps should not be allowed in
lieu of required bilge pumps and one comment stated that submersible
pumps are highly overrated and that a standard should be referenced to
ensure that the pumps meet minimum safety requirements. The Coast Guard
disagrees. Electric submersible pumps are often the preferred option of
builders and have proven successful in their usage. The acceptance of
electric submersible bilge pumps reflects current policy of many OCMIs
and satisfactory experience with such pumps.
Section 182.530 Bilge Level Alarms
This section of the NPRM proposed high bilge level alarms for
unattended machinery spaces below the deepest load waterline on all
vessels of at least 26 feet in length. Two comments suggested that
bilge alarms be required on all vessels of not more than 65 feet which
carry passengers. Two comments recommended that bilge alarms be
installed in all watertight compartments of all wooden vessels. One
comment opposed bilge alarms on all boats under 40 feet. One comment
stated that bilge level alarms did not need to be required on open
vessels or vessels not operated from a flying bridge. The Coast Guard's
position is that bilge alarms are necessary and that the requirement
proposed in the NPRM strikes a good middle ground for the comments
received. Vessels under 26 feet generally have small bilge areas which
are readily monitored by the crew, and bilge alarms are not necessary.
Vessels 26 to 40 feet may have bilge areas which are not readily
accessible or observable to the operator. In unattended areas where
large quantities of bilge water can accumulate, bilge level monitoring
provides an inexpensive means of informing the operator of bilge
status. Casualty records have indicated that certain casualties may
have been avoided if the operators had been aware of the bilge level.
One comment recommended that ``tattletale'' lights be installed to
warn the operator that the bilge pump is not keeping up with the flow
of water into the vessel. The Coast Guard disagrees. High level alarms
and indicators, which will show when automatic bilge pumps are
operating, are proposed by this SNPRM. If the pump is not keeping up
with the flow of water into a vessel, the operation indicator will
remain on continuously and the high level alarm will draw the
operator's attention to this.
Subpart F--Steering Systems
Section 182.610 Main Steering Gear
The NPRM proposed new requirements for minimum rudder swing times,
rudder angle indicators (for certain vessels), electrically operated
rudder installations, and rudder stops. One comment stated that rudder
movement cannot be practically measured, as required by paragraph
(a)(3), unless rudder angle indicators are required on all vessels. The
Coast Guard has concluded that, if a rudder angle indicator is not
installed, fairly accurate approximations of actual rudder movement
during operational tests can be made, and should be satisfactory.
One comment concurred with the addition of the steering gear
performance requirements in paragraph (a)(3), but stated that 28
seconds is an unrealistically slow time for rudder travel. The Coast
Guard disagrees. This regulation is a minimum requirement based on the
vessel moving ahead at maximum service speed. Smaller, slower vessels
normally meet this time limit easily but larger, faster vessels may
approach the 28 second limit for the rudder(s) having to travel 65
degrees. The 28 second duration is adequate to provide an acceptable
margin of safety.
One comment recommended the deletion of the paragraph (b), ((f)(1)
in this SNPRM), requirement for a visual indicator showing operation of
the power units for power driven steering gear since it is an
unnecessary gadget. The operator would immediately know of a steering
failure due to the difference in effort to operate the helm. The Coast
Guard disagrees but recognizes that remote visual indicators may not be
appropriate for all vessels. The rule proposed in the NPRM has been
revised in this SNPRM to require visual indicators only on vessels of
more than 65 feet in length with power driven steering gear
installations.
One comment recommended that the requirement in paragraph (c)
((f)(2) in this SNPRM), to post transfer procedures should be limited
to small passenger vessels of more than 65 feet in length and vessels
with overnight accommodations for more than 49 passengers. The Coast
Guard agrees that this requirement may be unnecessary on smaller
vessels, and has revised the rule in this the SNPRM to require posting
of steering transfer procedures only on vessels of more than 65 feet in
length with power driven steering gear installations.
Five comments stated that the rudder angle indicators required by
paragraph (e), ((f)(4) in this SNPRM), are generally unnecessary. The
Coast Guard disagrees. This regulation is consistent with regulations
presently requiring rudder angle indicators on vessels comparable in
size to small passenger vessels of more than 65 feet in length,
including offshore supply vessels and sailing school vessels. In
addition, a review of steering casualties on all vessels with power
actuated steering shows that a rudder angle indicator can provide the
initial indication of a steering failure.
One comment stated that manual means to steady the rudder required
by paragraph (i), ((f)(6) in the SNPRM), is unnecessary for twin screw
vessels with hydraulic steering. Another comment stated that manual
means of steering is unnecessary since there will be auxiliary
steering. Although twin screw vessels are more maneuverable than single
screw vessels, the difference is not great enough to eliminate the
requirement to manually steady the rudders in an emergency. The
auxiliary means of steering is used when control is lost from the
primary control station. This regulation addresses an emergency of
greater magnitude, such as when rudder control is totally lost and the
rudder is swinging freely. This requirement would not require manual
steering, just that the operator be able to steady and center the
rudder(s).
Three comments stated that limit switches required by paragraph
(j), ((f)(7) in the SNPRM), are unnecessary since hydraulic systems
have built-in stops at cylinder ends and pressure relief devices to
prevent overstressing. The Coast Guard disagrees. Limit switches are
intended to prevent rudders from hitting the stops and to prevent the
activation of safety devices such as relief valves during normal
service.
One comment stated that the requirements proposed in paragraph (k)
would cause problems with practical implementation, referring to things
such as the type of spring arrangement and method of installation. The
Coast Guard agrees and has removed this paragraph in this SNPRM.
One comment recommended that all bolts and clevis pins on steering
gear linkages should be drilled and cotter pinned for safety. The Coast
Guard agrees. However, experience indicates that this has been standard
engineering practice which does not necessitate inclusion in the
regulations.
Due to the number of comments received, and the general nature of
this section's original focus, the entire section has been revised in
this SNPRM to better apply specific requirements to specific vessels
based on size and steering gear type.
Section 182.620 Auxiliary Means of Steering
This section contains requirements for auxiliary means of steering
and specifies circumstances where auxiliary means of steering are not
required. One comment recommended that paragraph (a)(3) be revised to
read ``* * * location that permits the person steering to have the best
possible all around vision and does not expose the person * * *''. The
Coast Guard disagrees. Some auxiliary steering stations are in the
steering gear room which necessitates the operator to communicate to
control station personnel via intercom, sound powered phone, or other
method. The overall view of the person is not always a concern. Section
184.602 proposes adequate internal communications for such purposes.
One comment recommended that in paragraph (a)(3) ``personnel
hazards'' replace ``danger'', and ``extreme'' be deleted. The Coast
Guard agrees that the suggested wording is an improvement. The
paragraph has been revised in this SNPRM to clarify the wording.
Subpart G--Piping Systems
One comment stated that the term ``piping systems'' should be
clarified and specifically include the term ``components.'' The Coast
Guard agrees. The definition of ``piping system'' has been incorporated
into Sec. 175.400 of this SNPRM.
Section 182.710 Piping for Vital Systems
This section defines vital and non-vital systems and contains
requirements for piping used in vital systems. Two comments stated that
aluminum vessels with aluminum piping are not considered in 46 CFR
56.60, which is referenced by paragraph (c), and that aluminum piping
should be allowed on aluminum vessels, as is the current practice. The
Coast Guard disagrees. Aluminum piping is addressed in 46 CFR 56.60-20
(subchapter F). Aluminum alloy pipe or tube may also be used within the
limitations stated in section 123.2.7 of ANSI B31.1 and 46 CFR 56.10-
5(c)(4). If authorized by the Commandant, aluminum and aluminum alloys
may be used to conduct flammable, combustible, or dangerous fluids, or
may be used in vital systems.
One comment stated that this subpart does not clarify where
nonmetallic pipe may be used, such as in bilge systems. The Coast Guard
disagrees. This section refers to Sec. 182.720 where the use of
nonmetallic piping is addressed further.
Section 182.720 Nonmetallic Piping Materials
This section contains requirements for, and limitations on, the use
of nonmetallic piping, including bulkhead and shell penetration
requirements. It is largely the same as existing requirements in
subchapter T. Due to the nature of comments received, it was apparent
that requirements for the use of nonmetallic flexible hose were not
written clearly enough. The SNPRM now includes a new paragraph (e),
dealing specifically with nonmetallic flexible hose, which contains
requirements from subchapter F and from Sec. 182.455 of the NPRM.
One comment questioned why the last sentence of paragraph (a)
apparently allows plastic (vinyl) tubing in pneumatic control systems
since this is not currently accepted. Another comment stated that this
regulation is not clear, noting that propulsion systems are defined as
vital and that nonmetallic materials may not be used in vital systems,
and questioned if Coast Guard allowance of nonmetallic flexible
materials in pneumatic systems extended to propulsion systems. The
Coast Guard did not intend that plastic (vinyl) tubing be allowed in
pneumatic control systems. However, the Coast Guard does agree that
flexible nonmetallic materials are sometimes necessary in vital as well
as non-vital systems due to the vibrating or impulse-pressuring nature
of some equipment, including pneumatic controls for propulsion systems.
The last sentence in paragraph (a) of the NPRM, (now (b) in the SNPRM)
has been revised to reference a new paragraph (e) for the use of
nonmetallic flexible hose.
One comment stated that nonmetallic pipes meeting certain
specifications should be permitted in bilge systems on vessels of not
more than 65 feet in length. Although currently allowed by existing
subchapter T for vessels of not more than 65 feet in length carrying
not more than 49 passengers, this would be inconsistent with the
revised and more specific definition and requirements for vital
systems, which now include bilge systems. It is the Coast Guard's
intention to make the construction material requirements for vital
system piping consistent for all vessels regardless of size or
passenger capacity. The only exception to the requirement for metallic
piping in bilge systems is found in Sec. 182.520, for the discharge
lines of submersible electric bilge pumps, where they are permitted.
Reference to this exception is made in new paragraph (e) of this SNPRM
which contains requirements for the use of nonmetallic flexible hose.
One comment stated that nonmetallic piping should be allowed for
non-vital systems and that installing a valve on each side of a
bulkhead when using a metal spool piece, as required by subparagraph
(c)(2), (paragraph (d) in the SNPRM), is unnecessary. Nonmetallic
piping would be allowed in non-vital systems by the regulations
proposed in the NPRM. The purpose of the valves and metallic spool
piece is to maintain firetight and watertight integrity. No change was
made for the SNPRM.
One comment stated that valves required by paragraphs (c) (1) and
(2), (now (d)(1) and (2) in the SNPRM) are not required if the
penetration is above the margin line, adding that this requirement is
not stated in the new regulations and should be addressed because the
intent as written is unclear. The Coast Guard agrees. Paragraph
182.720(c)(1) specifically addresses ``required watertight decks and
bulkheads.'' Paragraph 182.720(c)(2) is also intended to address
required watertight decks and bulkheads and has been reworded in this
SNPRM to clarify the decks and bulkheads to which this regulation
applies.
One comment stated that approval of nonmetallic fittings, allowed
by paragraphs (c)(4) and (5), (now (d)(3) and (4) in the SNPRM) should
be retained by the Commandant. The Coast Guard disagrees. The OCMI may
request technical assistance from the Marine Safety Center or
Commandant if necessary.
Section 182.730 Nonferrous Metallic Piping Materials
This section contains requirements and restrictions for use of
nonferrous piping materials. It allows use of nonferrous piping
materials in non-vital systems and some limited use of aluminum piping
on aluminum hulled vessels. Nonferrous piping materials may be used in
other situations as deemed appropriate by the OCMI. Restrictions
include provisions for protection in high risk fire areas and against
galvanic corrosion effects. Two comments requested the rationale in
denying use of copper or brass in bilge lines where aluminum is not
involved. Copper, copper-nickel, nickel-copper, brass, and bronze are
acceptable for use in bilge systems, and have been used frequently in
the past. The Coast Guard did not intend that they be omitted. The rule
proposed in the NPRM has been revised in this SNPRM to allow the use of
nonferrous metallic piping with melting temperature above 1700 deg. F
to be used in vital systems to the satisfaction of the OCMI.
One comment stated that if it is the intention of paragraph (b)(4)
to limit copper content in aluminum piping to 0.6 percent, aluminum
should be specified. The Coast Guard agrees that the proposed
regulation addresses aluminum. The analogous regulation in 46 CFR
56.60-20(a)(4) specifically addresses aluminum. The rule proposed in
the NPRM has been revised in this SNPRM to limit the copper content in
aluminum alloys.
One comment stated that aluminum fuel piping is currently used in
machinery spaces and its use should continue to be allowed. In general,
because of its low melting point, aluminum is not suitable as fuel
piping in spaces such as engine rooms and other machinery spaces, which
are more likely to be exposed to a fire. Subchapter F prohibits the use
of aluminum piping for combustible fluids unless approved by the
Commandant. Coast Guard interpretation of existing Sec. 182.20-40(a)
does not normally allow this practice on small passenger vessels.
However, local building practices and OCMI policies sometimes allow
limited use of thick walled aluminum piping in circumstances such as
short runs from fuel tanks in or adjacent to the engine room to the
first valve in the fuel line. Use of structural fire protection
insulation has sometimes been required. Aluminum fuel piping would be
allowed outside of machinery spaces in accordance with the limitations
proposed in this SNPRM, but would not be allowed in machinery spaces.
However, other installations of aluminum diesel fuel piping (i.e., in
machinery spaces) may be accepted by the OCMI under proposed
Sec. 182.730(a)(4) of the NPRM, which has been renumbered as
Sec. 182.730(a)(5) of this SNPRM. Each installation of aluminum piping
for fuel service will be individually reviewed and many factors (such
as electrolysis, corrosion, fire hazard, amount of insulation/fire
protection and practicality) will be taken into consideration. The OCMI
may rely upon the Marine Safety Center or Commandant for technical
assistance.
Part 183--Electrical Installations
Subpart A--General Provisions
The NPRM proposed to revise the regulations governing small
passenger vessel electrical installations to reflect current
installation practices and technologies. One comment suggested that
since noncommercial boat electrical regulations are in 33 CFR part 183
and that equipment in 33 CFR part 183 is required to be marked ``Meets
Part 183'', the T-Boat electrical regulations in 46 CFR part 183 should
be moved to another section to avoid confusion with 33 CFR part 183.
The Coast Guard disagrees. Noncommercial electrical components
manufactured to comply with 33 CFR part 183 are generally ignition
protected electrical components designed for use in gasoline engine
installations. There is no specific requirement to label noncommercial
electrical components with the words ``Meets 33 CFR 183'' or ``Meets
Part 183'', but the Coast Guard recognizes that since noncommercial
components are under a manufacturer self-certification program, some
manufacturers may in fact be placing this statement on their equipment.
However, since there are no marking requirements in 46 CFR part 183,
field personnel should easily be able to evaluate and determine
component suitability.
ABYC Standards E-8 and E-9 provide thorough guidelines for AC and
DC electrical systems. Although no comments were received, the Coast
Guard is considering allowing the use of these two standards as an
alternative to the requirements in part 183 for all vessels proposed in
this SNPRM to be regulated by subchapter T. The Coast Guard is hereby
soliciting specific comments concerning the practicality and safety of
this alternative.
Subpart B--General Requirements
Section 183.220 General Safety Provisions
This section of the NPRM outlines general safety guidelines which
equipment must meet and conditions which designers and installers must
be aware of. Two comments suggested that a vessel's route of operation
be considered in determining specific equipment standards, with one
making specific reference to the relaxing of UL lighting fixture
standards for vessels on protected routes. The Coast Guard agrees in
part, and has revised Sec. 183.410(d) in this SNPRM by expanding the
list of UL lighting fixture standards which are acceptable for fixtures
used in interior spaces.
One comment suggested that this section include a regulation
requiring all electrical components to be UL approved. The Coast Guard
disagrees. Components suitable for the intended service should be
adequate. Use of all UL approved electrical components does not provide
an increased level of safety. A properly designed system constructed in
accordance with these regulations provides a minimum level of safety
for marine electrical installations. The use of all UL components will
not be required. Use of all UL approved electrical components may be
used at the discretion of the builder or operator.
Subpart C--Power Sources and Distribution Systems
Section 183.310 Power Sources
The NPRM outlines the basic requirements for vessel power and
distribution systems. Two comments suggested that no evidence exists to
support the need for two independent sources of power for vital loads.
Further, the comment stated that there is no evidence to show that this
requirement will increase safety. The Coast Guard disagrees. With the
increase in vital systems which are electrically powered or controlled,
the intent of the proposed rule is to prevent a failure of one power
source from disabling the vessel. Vital systems which do not depend
upon electrical power do not require a second power source.
One comment suggested eliminating the redundancy in Sec. 183.310
where systems which are referenced in paragraph (a)(1)(i) are repeated
in paragraphs (a)(1) (iii), (vi) and (vii). The Coast Guard agrees. In
the SNPRM the text has been revised to eliminate redundancy.
One comment suggested that a definition for the term ``batteries of
adequate capacity'' is necessary for clarification of
Sec. 183.310(a)(2). The Coast Guard agrees that this wording is vague
and may lead to confusion. In the SNPRM, the text of proposed
Sec. 183.310(a)(2) has been revised.
Two comments stated that it is not clear whether paragraph (b)
applies to battery charging devices or a ship service generator driven
by the main engine. The Coast Guard agrees that the wording proposed in
the NPRM may present some confusion. The proposed rule applies to
engine or shaft driven ship service generators, where engine speed is
critical to electrical power output. The proposed rule does not apply
to installations where generators or alternators are used to keep
batteries charged. In the SNPRM, the text has been revised for
clarification.
Section 183.312 Power Sources on Vessels of More Than 65 ft. in Length
With Overnight Accommodations for More Than 49 Passengers
This section has been moved to subchapter (K) Sec. 120.312. The
NPRM requires certain vessels to meet requirements in addition to those
found in Sec. 183.310. One comment said it would be clearer to state
what is intended in this paragraph instead of referencing Sec. 111.10
because it is not clear whether the emergency power reference in
Sec. 111.10 is being adopted. The comment also suggested that a
definition of ``final emergency power source'' be provided. The Coast
Guard agrees and has referenced specific sections of parts 111 and 112
to clarify the SNPRM.
Section 183.320 Generators and Motors
One comment stated that generators should be temperature rated
using the National Electrical Manufacturers Association (NEMA)
standard, with a continuous rating of 80 deg.C rise over 40 deg.C
ambient temperature rating. The comment stated the present rating
requirement of 95 deg.C over 50 deg.C ambient temperature is
unnecessary and overly expensive. The Coast Guard disagrees. First,
there is no specific proposed or existing requirement for temperature
rise above ambient, but there is an ambient temperature rating
requirement. This requirement is based on matching the motor or
generator ambient temperature rating to the temperature of the space in
which it will be operating. Machinery spaces may exceed 40 deg.C,
depending on the amount of other machinery normally running and the
degree of installed ventilation. Further, existing subchapter T and the
NPRM allow the use of generators rated at 40 deg.C by downrating the
generator output 20% or substantiating that the average temperature in
the space does not exceed 40 deg.C. The Coast Guard is interested in
the increased use of recognized published standards, such as the NEMA
standard for generator temperature ratings. The Coast Guard is
concerned that generators be installed to perform as rated in a maximum
ambient environment of 50 deg.C, unless the average ambient temperature
of the space under normal load operating conditions can be proved to be
otherwise. Therefore, the Coast Guard is soliciting specific comments
on the suitability of the commonly available 80 deg.C rise over
40 deg.C ambient temperature generators in 50 deg.C environments.
Insulation details and specific reasons other than cost should be
provided.
Three comments were received concerning the differing motor/
generator name plate requirements for vessels depending upon their
length. The comments suggested that the name plate data be the same
regardless of vessel length. The Coast Guard agrees that a single
requirement for nameplate data should be adopted. In the SNPRM the text
has been revised to provide a single reference for motor/generator
nameplate data.
One comment recommended that required nameplate data include the
service factor. The Coast Guard agrees this information is useful, but
since many manufacturers already provide this information on their
nameplates, compliance with the National Electric Code (NEC) for
nameplate data as required by this section is considered adequate as a
minimum requirement.
Section 183.322 Multiple Generators
One comment suggested deletion of ``as required by
Sec. 183.310(a)'', or the addition of a reference to Sec. 183.312(a).
The Coast Guard agrees that the wording in this section is unclear.
Section 183.322 addresses additional requirements for generators
installed to operate in parallel, whether required by this subpart or
not. In the SNPRM the text has been revised for clarification.
One comment suggested that a definition for the term ``independent
power source'', used in paragraph (a), should be added. The Coast Guard
agrees this term could be misleading. In the SNPRM, the text has been
revised to read ``independent prime mover''.
Section 183.324 Dual Voltage Generators
Four comments disagreed with the requirement to ground the neutral
conductor of the generator at the switchboard. From review of the
comments received, it appears that this requirement was misinterpreted.
Grounding of a current-carrying neutral conductor at the switchboard is
an existing requirement, and means connection to a neutral bus which is
then connected to ground, and not a solid connection to the metallic
switchboard enclosure. Further, this requirement is consistent with
current industry practice for dual voltage systems both in marine
installations and ashore.
Section 183.330 Distribution Panels and Switchboards
One comment suggested the amount of working space should be
specified in Sec. 183.330(f) by reference to Sec. 111.30-1 of
subchapter J. The Coast Guard agrees the amount of working space should
be specified, and proposes to use the requirements outlined in existing
subchapter T. In the SNPRM the text has been revised to include this
change.
One comment suggested that Sec. 183.330 include interlock
requirements which would deenergize circuits upon opening panel doors,
except for vital systems. The Coast Guard agrees, but only if there is
more than one source of potential to the enclosure. In the SNPRM, the
text has been revised to include this situation.
Section 183.340 Cable and Wiring Requirements
Two comments suggested clarification of the term ``other
enclosure'' used in Sec. 183.340(a). The Coast Guard agrees that the
meaning of this term is unclear. In the SNPRM, the text has been
revised to include the word ``protective'' to describe the enclosure.
The intent is to provide an enclosure for wire installations which will
afford protection from mechanical damage.
One comment suggested that regulations addressing wire and cable
supports be added. The Coast Guard agrees. In the SNPRM, the text has
been revised to add parameters for support material and spacing,
including reference to ABYC Standards and Recommended Practices for
Small Craft for certain vessel installations.
Two comments suggested the elimination of the requirement for
``wire'' conduit, because armored ``cable'' or plastic coated shipboard
``wire'' is satisfactory. Five comments suggested that multiconductor
``cable'' did not need to be run inside conduit and one comment
suggested that wireways be required instead of conduit. The Coast Guard
disagrees. The terms ``wire'' and ``cable'' were used interchangeably
in the comments received. The definitions in Sec. 175.400 make a
specific distinction between the terms ``wire'' and ``cable''. The
intent of the proposed rule is to offer protection from mechanical
damage to ``wire'' installations, not ``cable'' installations. The
intent was not to limit electrical installations to the use of
``cable'' only. The rule proposed in the NPRM was not changed.
One comment suggested the splicing prohibition in Secs. 183.340(m)
and 183.340(n) be deleted because it appears to be in conflict with
subparagraphs 183.340(g)(3) and (g)(4), which allow a different kind of
splice. Further, the comment suggested the requirements in paragraphs
(g) and (h) already provide sufficient protection and flexibility for
splices. The Coast Guard disagrees. The requirements outlined in
Sec. 183.340 follow those for other vessels found in Secs. 111.60-17
and 111.60-19 of Subchapter J. The requirements in Sec. 183.340(g) and
(h) apply to individual conductor connections made within an enclosure,
while Sec. 183.340(m) and (n) apply to cable splices. Therefore, the
rule proposed in the NPRM was not changed.
Two comments suggested wire nuts be exclusively prohibited. The
Guard agrees. Wire nuts may loosen due to the vibrations inherent in
the shipboard environment. Damage to the conductor wires which is not
detectable may also result. In the SNPRM the text of paragraph (j) has
been revised to prohibit the use of wire nuts.
One comment suggested that paragraph (p) adopt the NEC 310-15B
requirement for voltage drop in lieu of 10%, as proposed by the NPRM.
The Coast Guard disagrees, and has no information which would justify
mandating the stricter standard.
One comment suggested incorporating the tables currently found in
46 CFR 183.05-45(a) and (c) into the proposed rules. The Coast Guard
agrees in part, but considers only the 12 volt section of Table 183.05-
45(c), with the subsequent formula for calculation of all other
voltages, appropriate for retention as a tool used during initial plan
review. The NEC contains more comprehensive, up-to-date tables for
ampacity which are a suitable replacement for Table 183.05-45(a). A new
Table 183.340(p), which contains the 12 volt section of existing Table
183.05-45(c), has been provided in this SNPRM and the text of paragraph
(p) has been revised.
Section 183.350 Batteries, General.
One comment stated that paragraph (b) should read ``as high in the
bilge as possible and preferably on or above the ER deck'', and one
comment suggested watertight boxes be required for battery
installations. The Coast Guard does not agree that battery boxes need
to be watertight. Requiring watertight enclosures is not supported by
existing casualty data and would place an unnecessary financial burden
on vessel owner/operators. However, the SNPRM has been revised to
include a statement addressing the protection of batteries from
exposure to water splash or spray.
One comment suggested deleting the requirement in paragraph (c)
that there be sufficient free space above batteries for removal. The
Coast Guard agrees that accessibility can be provided by means other
than free space above the batteries, and has revised the wording in
this section to reflect this comment.
One comment suggested Sec. 183.350(e) should specify a minimum
height requirement of 3'' and thickness for trays of 1/16'', in line
with the existing requirements in Sec. 111.15-5(g) of Subchapter J. The
Coast Guard disagrees, and considers this degree of specificity
unnecessary.
One comment suggested specifying fiberglass/resin or fiberglass/
epoxy battery trays or liners. The Coast Guard disagrees. A battery
tray or liner may be constructed of any material which is resistant to
damage by the installed battery electrolyte. Section 183.350 as written
in the NPRM is considered adequate and is not changed in this SNPRM.
Two comments suggested a more specific definition than ``adjacent
to a distribution panel'' be provided in Sec. 183.350(g). The Coast
Guard disagrees. This is an existing regulation whose intent is to
prevent arcing and fires due to a short circuit in the supply cable
from the battery to the distribution panel. The term ``adjacent to a
distribution panel'' means close enough that the likelihood of damage
to the connecting power cable is minimized or nonexistent due to its
negligible length. No change has been made to the rule proposed in the
NPRM.
One comment suggested that batteries used for starting should be
located as close to the starter motor as practical. The Coast Guard
agrees. A requirement has been added to Sec. 183.350 of the SNPRM which
requires that batteries be placed as close as possible to the starter
motors.
Section 183.352 Battery Categories
One comment asked if an engine driven alternator qualified as a
battery charger. There is no specific requirement in the regulations
for a battery charger, although most installations have one available
as a charging source. An engine driven alternator, while not classified
strictly as a battery charger, is an acceptable charging source. If an
engine driven alternator is the charging source for a battery system
used to meet the requirements in proposed Sec. 183.310, then it would
be considered a battery charger subject to the requirements of this
section.
Five comments suggested the battery categories are ridiculous. The
Coast Guard disagrees. Upon review of examples cited in the comments, a
misinterpretation of the regulation is apparent. The determination of
battery categories does not apply to propulsion engine starting
batteries. It does apply to battery systems used to meet the
requirements in proposed Sec. 183.310, where a second power source is
specified for certain normal or emergency loads. To simplify the
requirements for storage battery charging, battery categories have been
reduced to 2 in number with additional requirements specified if the
continuous charging rate is greater than 2 kilowatts (kw). In the
SNPRM, the text has been revised to reflect these changes.
One comment suggested the method for determining output, in kw, of
a battery charging system be added. The Coast Guard disagrees with the
need to include this formula in the text of the regulations, since it
can be easily determined from normal reference sources. The standard
formula for DC systems is: POWER (in watts) = VOLTAGE x AMPERAGE
(either charging or discharging). For example, a 40 amp alternator
connected to a 12 volt system would have an output of 480 (12 x 40)
watts (.48 kw). Similarly, for a 24 volt system with a 60 amp
alternator the output would be 1,440 (24 x 60) watts (1.44 kw), still
well under the 2 kw limit for large battery installations. The Coast
Guard has determined that very few vessels proposed to be regulated by
Subchapter T or K will have battery banks big enough to be categorized
as ``large'' (i.e., greater than 2 kw charging power output), unless
one of the power sources required by Sec. 183.310 is a battery bank.
Section 183.354 Battery Installations
The Coast Guard has reevaluated this section, placing additional
requirements only on those installations with a continuous charging
rate greater than 2 kw. This section is now expected to affect only the
largest of the small passenger vessel population. One comment suggested
that large battery installations not be classified as hazardous
locations. The Coast Guard disagrees. Overcharging or deep discharge of
commonly used lead acid storage batteries are just two of the
mechanisms which may cause excess hydrogen gas production. If this
occurs, the concentration of gas in the space may reach explosive
levels. This is the justification for the Class I, Division 1, Group B
requirement.
One comment suggested Sec. 183.354(a) be rewritten for clarity. The
Coast Guard disagrees. The present text references Sec. 111.105 of
subchapter J, which references Sec. 111.15. Subpart 111.15 provides
more comprehensive requirements for battery installations.
One comment suggested that the battery compartment/box be non-
conductive. The Coast Guard agrees this is a good idea, but does not
see the need to specify this in the regulations.
Seven comments disagree with the need for a battery room. The
comments stress the impracticality and lack of safety of such an
arrangement on small passenger vessels. Locating batteries in an
already well ventilated space such as an engine room, as most
installations are now, is considered adequate. Two comments also
disagree with battery stowage on deck. The Coast Guard has clarified
the battery category definitions by specifying that this section does
not include starting battery installations. Further, the Coast Guard
requirement now only specifies a dedicated battery location for
installations with a continuous charging rate greater than 2 kw. In the
SNPRM, the text has been revised to reflect these changes.
Section 183.360 Semiconductor Rectifier Systems
One comment suggested that nameplate data for SCR systems be
required. The Coast Guard agrees. In the SNPRM, the text has been
revised to require compliance with specific sections of the ABS rules,
which would require nameplate data.
Section 183.370 System and Equipment Grounding
One comment suggested that Secs. 111.05-15(a) and 111.05-17 of
Subchapter J, concerning grounding, be applied to this section, and
that ungrounded systems be addressed. The Coast Guard agrees that the
additional requirements in Subchapter J should be applied to a grounded
system. Present installations are commonly of this type and include
these requirements. In the SNPRM, the text of the proposed Sec. 183.370
has been revised.
Section 183.380 Overcurrent Protection
One comment suggested lighting branch circuits should be 15 amps
vice 30 amps as allowed by paragraph (f). The Coast Guard disagrees.
This rating is consistent with industry practice and is also found in
Sec. 111.75-5(a) of Subchapter J.
Paragraph (h) of the NPRM would require protection of motor
conductors and control apparatus against overcurrent due to short
circuits or ground faults. Although there were no specific comments
concerning protection against overload due to motor running
overcurrent, this requirement has been added in this paragraph of the
SNPRM. A similar requirement can be found in existing Sec. 183.10-40.
One comment suggested the emergency battery switch required by
paragraph (i) should be located where accessible in an emergency, not
necessarily at the batteries. The Coast Guard agrees. Proximity as well
as accessibility is important. In the SNPRM, the text has been revised.
One comment suggested that reference to ``another independent
laboratory'' in paragraph (m) be deleted. The Coast Guard disagrees
since the listing of a product should not be limited to UL exclusively.
However, the wording in the SNPRM has been revised to show that the
independent laboratory must be recognized the Commandant.
Paragraph (n) of this section requires circuit breakers to meet UL
Standard 498. The Coast Guard is also aware of UL Standard 1193 for
Boat Circuit Breakers designed for vessels less than 65 feet, published
on June 22, 1988. The Coast Guard is soliciting specific comments
concerning the suitability of this standard in addition to UL 498 for
inclusion in the revised Subchapter T.
One comment suggested requiring Ground Fault Indicator circuit
breakers in damp locations. The Coast Guard disagrees. Insufficient
casualty data exists to require the added expense of these devices.
Section 183.392 Radiotelephone Installations
One comment suggested this rule be clarified or deleted because
multiple radio installations should not require separate circuits. The
Coast Guard disagrees. The intent of this regulation is to prevent a
fault in one line tripping a circuit breaker and taking down all radio
communications.
Subpart D--Lighting Systems
Section 183.410 Lighting Systems
Ten comments expressed objection to requiring interior lighting
fixtures to meet UL 595. One comment suggested that a reference to
decorative lighting be added.
One comment suggested the Coast Guard should require UL 595
lighting fixtures on vessels under 65 feet in length. The Coast Guard
recognizes that the UL 595 specification may not be necessary for all
applications, and does not consider a differentiation based on vessel
length necessary. Lighting fixtures located in interior spaces which
are not subject to the exterior marine environment need not meet the
requirements of UL 595. In the SNPRM, the text has been revised to
reflect this change.
Section 183.420 Navigation Lights
One comment suggested the OCMI exemption statement required by
paragraph (a) is not necessary. The Coast Guard agrees. Further, the
reference to Sec. 111.75-17(d) for vessels of more than 65 feet in
length has been removed and the referenced requirements have been
included in the text of the SNPRM.
Section 183.432 Emergency Lighting
One comment suggested the emergency lighting requirements of
paragraph (a) be extended to crew accommodation spaces. The Coast Guard
agrees and has revised the text in this SNPRM.
One comment suggested that emergency lighting on party fishing
boats is not necessary due to their design. The Coast Guard disagrees,
but realizes that all vessels of more than 65 feet may not warrant such
an extensive emergency lighting system, and that the present wording
may be misleading. This is an extension of an existing regulation for
passenger egress from spaces below the main deck which has simply been
amplified to include crew accommodations, and all other spaces where
due to the size of the vessel or number of passengers, existing
lighting would prove inadequate. The text has been changed in this
SNPRM to clarify this point.
Section 183.434 Lifeboat and Liferaft Floodlight on Vessels of More
Than 65 Feet in Length With Overnight Accommodations for More Than 49
Passengers
This section has been moved to Subchapter K, Sec. 120.434. One
comment suggested flood or searchlights at rescue platforms or rescue
boarding areas on a vessel without a rescue boat, and lights for the
embarkation station of a rescue boat, for vessels so equipped. The
Coast Guard agrees. In the SNPRM, the text has been revised to include
lighting at all rescue boarding locations or where primary lifesaving
devices may be deployed.
Subpart E--Miscellaneous Systems and Requirements
Section 183.510 Propulsion Engine Control Systems
This section has been revised to clarify the control system
requirements outlined in the NPRM, and relocated to Sec. 184.620. It
would specifically require that a vessel have a means of controlling
the speed, direction of shaft rotation, and shutting down of the
propulsion engine(s). The requirement to have an independent propulsion
engine shutdown at each location where a propulsion engine can be
started or have its speed controlled has been deleted. This emergency
shutdown would only be required at the main pilothouse control station.
Four comments suggested that the phrase ``two means of controlling
each (propulsion) engine'', used in paragraph (a)(1), be more clearly
defined. The Coast Guard agrees and has clarified this requirement in
this SNPRM.
One comment suggested that two means of controlling each propulsion
engine was not cost effective or necessary. Two comments suggested that
this section be rewritten to clarify the intent that a twin engine
vessel with independent remote control would not need backup controls
on each engine. In the SNPRM, the text has been revised to indicate
that multiple engine vessels do not require a second means of control.
One comment does not think it necessary to have engine shutdown
controls at wing stations which are in close proximity to controls in
the pilot house, as required by paragraph (b). Further, the comment
stated that engine starting is just as important as engine shutdown,
and that the NPRM did not address this feature. The Coast Guard agrees
concerning shutdown requirements, and has revised the SNPRM to require
an emergency engine shutdown only at the main wheelhouse control
station. However the Coast Guard disagrees that engine starting
capability should be specified by regulation. Most pilothouse control
installations already include this feature. This is an item which will
be left to the discretion of the owner.
One comment suggested relocating this section to Sec. 182.200. The
Coast Guard agrees that this may not be the best location for this
subpart, and has moved it to Sec. 184.620 of Subpart F--Control and
Internal Communications, which was previously titled ``Stabilization
systems on dynamically supported craft''.
Section 183.530 Hazardous Locations
One comment suggested paragraphs (a) and (b) specify the hazardous
areas and refer to Sec. 111.105 of Subchapter J to address all other
aspects of Hazardous Areas. The Coast Guard disagrees that further
specification of hazardous areas is necessary. This section has been
reworded to be consistent with other wording on this topic throughout
the SNPRM.
One comment requested that electric solenoid valves installed for
remote fuel tank shutoffs be addressed. The Coast Guard agrees, but
will address this issue in Sec. 182.455(b).
Section 183.550 General Alarm Systems on Vessels of More Than 65 Feet
in Length With Overnight Accommodations for More Than 49 Passengers
One comment suggested some type of alarm system be required for any
boat with overnight accommodations. The Coast Guard agrees and this
section has been rewritten in this SNPRM to address all vessels.
Part 184--Vessel Control and Miscellaneous Systems and Equipment
Supbart A--General Provisions
Section 184.100 General Requirement
The Coast Guard is proposing in this SNPRM to add a new paragraph
to this section emphasizing that the OCMI is authorized to require
navigation, control, or communications equipment, in excess of the
equipment specifically required by this part, on a vessel which is of a
novel design, operates at high speeds in restricted or high traffic
areas, operates in a dynamically supported mode, or operates on
extended routes or in remote locations. The Coast Guard has determined
that the specific equipment requirements of this part are adequate for
most small passenger vessel operations. However, due to the type of
operations and the route of certain types of vessels, equipment may be
needed beyond that specifically required by part 184. Since operating
areas vary significantly, this paragraph would allow the OCMI to
require special equipment on a case by case basis for the type of
operations listed in the paragraph. Although the present regulations do
not contain any specific requirements for electronic navigation
equipment, some OCMIs presently require the installation of Loran
equipment on small passenger vessels operating more than 100 miles from
shore. Others have required the installation of radar on high speed
surface effect vessels operating in busy waterways.
Section 184.115 Existing Vessels
One comment submitted by the NTSB stated that existing vessels
should have to meet the requirements for radar, electronic position
fixing devices, and internal communications systems, required by
Secs. 184.404, 184.410, and 184.602, respectively, and should not be
grandfathered as proposed. The Coast Guard disagrees. The incremental
cost of adding this equipment while building a new vessel is much less
than the cost of retrofitting an existing vessel. Although some
casualties have been caused by not having or using this equipment,
casualty statistics do not justify retrofitting. Most existing vessels
already have radar or electronic position fixing devices. For those
vessels which do not, Sec. 184.115(a) specifically authorizes the OCMI
to require this equipment if it is determined to be necessary for a
vessel's route or service.
Subpart B--Cooking and Heating
Section 184.202 Restrictions
The proposed rule does not allow gasoline systems to be used for
heating, refrigeration, or cooking, and gives limitations on the use of
liquified and non-liquified gas. One comment suggested that the
provisions of 46 CFR 147.50, restricting the use of liquified and non-
liquified gas on board inspected vessels, should be included in this
section to make this restriction clear. The Coast Guard does not
consider this necessary, but does agree that the restriction can be
clarified. A recent final rule entitled ``Carriage and Use of Liquified
and Non-Liquified Flammable Gas as Cooking Fuels on Vessels Carrying
Passengers for Hire,'' [CGD 83-013] published in the Federal Register
(55 FR 3957) on February 6, 1990, adopted new regulations concerning
the use of Liquified Petroleum Gas (LPG) and Compressed Natural Gas
(CNG). For consistency, Sec. 184.202(b) has been reworded to read
exactly the same as existing Sec. 184.05-1(b), which was rewritten by
the new final rule on LPG and CNG. The wording of existing Sec. 184.05-
1(d), which was adopted by the new final rule, will be included in the
Subchapter T final rule as Sec. 184.240. These changes will clearly
express Coast Guard requirements.
Coast Guard has determined that cooking or heating appliances that
use fuel which burns with an open flame should be specifically
prohibited. This requirement is consistent with the spirit of ABYC A-3
and A-7, and NFPA 302, which are incorporated by reference. This new
restriction is not intended to prohibit wood burning stoves, such as
Ben Franklin stoves, or fireplaces with proper doors. Open fireplaces
would be prohibited.
Section 184.240 Gas Systems
Five comments were received concerning the safety and suitability
of gas systems aboard vessels. Gas systems aboard vessels were
addressed by the regulatory project mentioned above, entitled
``Carriage and Use of Liquified and Non-Liquified Flammable Gas as
Cooking Fuels on Vessels Carrying Passengers for Hire,'' published as a
final rule in the Federal Register (55 FR 3957) on 6 February 1990. The
concerns expressed in the 5 comments received were addressed by that
project and are not considered to be within the scope of this
rulemaking. Section 184.240 of this SNPRM is reserved. The new final
rule, which allows the use of LPG and CNG on board small passenger
vessels subject to certain restrictions, will be included in this
section of the Subchapter T final rule.
One comment noted that Sec. 175.600, which lists standards
incorporated by reference in Subchapter T, cites the 1984 edition of
the National Fire Protection Association Standard 302 (NFPA 302) as
being referenced in Sec. 184.200. The comment correctly points out that
NFPA 302 was revised in 1989. The final rule published 6 February 1990
incorporates the 1989 edition. Consequently, the 1989 edition is
incorporated by reference in this SNPRM.
Subpart C--Mooring and Towing Equipment
Section 184.300 Ground Tackle and Mooring Lines
The proposed rule required the owner to determine and provide
ground tackle and mooring lines suitable for safe anchoring and mooring
of the vessel, considering the vessels' operations and subject to the
approval of the OCMI. Two comments wanted equipment sizes to be
specified in the regulations, or the required use of a classification
society's standard, to prevent inconsistency between OCMIs. The size
and type of anchors and lines or chains necessary to safely anchor or
moor a vessel depend on many factors and will vary significantly. While
numerous guidelines and standards, including a classification society's
rules, are available, no one standard could properly cover each
possible situation. Therefore, the Coast Guard is not making any change
to the rule proposed in the NPRM, other than the clarification that the
owner's selection of size and type is subject to the approval of the
OCMI.
Subpart D--Navigation Equipment
One comment suggested that the proposed rules should require main
engine tachometers, or other devices to determine the vessel's speed,
for dead reckoning navigation. The Coast Guard disagrees. These methods
would provide a gross estimate at best, and be affected by sea state,
ocean current, and wind, among other factors. Use of tachometers would
require preparation of a table comparing engine speed to actual vessel
speed. No changes are being made to the rule proposed in the NPRM.
Section 184.402 Compasses
The proposed rule required a magnetic compass for each vessel,
which must be mounted at ``the operating station'' when the vessel is
underway. Two comments stated that a compass should be mounted at each
operating station, while two other comments stated that only one
compass should be required for each vessel. One comment stated that it
was obvious that the compass needed to be mounted at the operating
station. The Coast Guard agrees that only one compass per vessel,
located at the primary operating station, is needed and concludes that
there should be a specific mounting requirement to prevent unmounted
boat compasses from being used. Proposed Sec. 184.402(c) has been
deleted and the wording in Sec. 184.402(a) clarified in this SNPRM to
show this intent.
One comment suggested that magnetic compass deviation cards should
be required. The Coast Guard agrees in principle, but thinks that a
deviation card is more important for large vessels operating on
extensive offshore routes. Small passenger vessels carrying large
numbers of passengers or operating on ocean routes are required to have
a radar and electronic position fixing device, which decreases the need
for accurate navigation using a deviation card. Operators finding
themselves offshore with only a magnetic compass for navigation, will
be able to proceed towards shore. Although the course set may not be
accurate, it will allow them to get to an area where coastal piloting
can be used. The effort and expense for a small vessel without a
gyrocompass to accurately determine deviation is substantial, while the
increase in the safety level is small. For many smaller vessels, the
compass itself, and the course that is able to be made good in a
seaway, may have much greater error than that caused by failure to
account for deviation. No changes were made to the rule proposed in the
NPRM.
The NTSB urged that the regulations be changed to require
gyrocompasses on all vessels on other than rivers routes with overnight
accommodations for more than 49 passengers. The Coast Guard realizes
that a compass is a necessary navigation tool on vessels navigating out
of sight of land. However, the Coast Guard does not agree that a
gyrocompass is necessary. A review of casualty data did not show a need
for the more sophisticated compass. The rule proposed in the NPRM has
not been changed.
Section 184.404 Radars
In general the comments were favorable concerning the NPRM's
requirements for radar on certain vessels. One comment stated all
vessels should have radar and another comment stated that all vessels
carrying more than 49 passengers should have a radar. The Coast Guard
concurs with these comments, but cost-benefit considerations do not
warrant such a requirement. One comment stated that radars are not
necessary on large river vessels, because they run the same route all
the time. Although all river vessel masters may be familiar with the
route traveled, the Coast Guard thinks that large river vessels (of
more than 65 feet in length with overnight accommodations for more than
49 passengers, or carrying more than 150 passengers) should have a
radar as a safety measure to navigate during poor weather conditions.
The OCMI has the authority to determine that a radar is not necessary.
No change was made to the rule proposed in the NPRM.
In its comment letter, the NTSB stated that the regulations should
be changed to require gyrostabilized radar on all vessels with
overnight accommodations for more than 49 passengers, and all vessels
carrying more than 150 passengers on lakes, bays and sounds, coastwise,
and oceans routes. As stated in the preceding paragraphs the Coast
Guard agrees that certain vessels should be required to have a radar.
However, the Coast Guard has determined that the accuracy provided by a
gyrostabilized radar is not warranted on small passenger vessels.
The survival craft requirements proposed in this SNPRM for vessels
on rivers routes have been reduced from those proposed in the NPRM. The
nature of harbor tour and dinner cruise vessel operations is such that
they can be more flexible with regard to schedules, routes taken, and
weather, and these vessels generally avoid operating under poor
conditions. Ferries must generally operate on a specified schedule and
plotted route in restricted waters, regardless of the weather or
visibility. To provide an acceptable level of safety, the Coast Guard
has determined it is now necessary to require radar on ferry vessels
carrying more than 49 passengers operating on rivers routes more than a
mile from shore. This change has been incorporated into this SNPRM.
Four comments were received concerning the need for radar
performance standards that are more specific, to ensure that the radars
installed aboard small passenger vessels are effective navigational
safety devices. One of the comments provided some minimum technical
standards. The FCC noted that the performance standards and
specifications for radar in 47 CFR part 80 do not apply to vessels
under 500 gross tons, which includes small passenger vessels. The Coast
Guard agrees that more specific standards are necessary, but determined
that the application of FCC standards for large vessels to small
passenger vessels would be burdensome. Specifically the Coast Guard
realizes that the present requirements in 47 CFR part 80 do not and
should not apply to small passenger vessels. However, radars which are
installed should be FCC Type Accepted to insure certain minimum
standards are met. The Radio Technical Commission for Maritime Services
(RTCM) is a non-profit organization in which commercial interests and
government agencies cooperate to study existing and proposed maritime
telecommunications systems, and often develop recommendations for
national and international action. The RTCM is developing recommended
radar specifications appropriate for small vessels. The Coast Guard is
providing information to, and working with, the RTCM Special Committee
working on these standards. When developed, the Coast Guard will
consider RTCM's recommendations and evaluate them for applicability to
small passenger vessels.
Section 184.408 Fathometers
The NPRM requires fathometers on all vessels over 65 feet in
length, unless the OCMI determines a fathometer is not necessary.
Several comments were received disagreeing with the proposed
regulation. The NTSB supported the proposal and urged that fathometers
be required on all vessels except those with rivers routes. The Coast
Guard has determined that requiring fathometers on all small passenger
vessels would be excessive because of their small size and routine
operating area. While properly used fathometers can prevent some
groundings, a review of the available casualty data shows a lack of
casualties in which a fathometer would have made a difference.
Therefore, this section has been deleted from the SNPRM.
Section 184.410 Electronic Position Fixing Devices
The comments received concerning the NPRM requirement for
electronic position fixing devices on vessels with oceans routes were
generally favorable. One of the comments from an operator of vessels on
lakes, bays, and sounds routes stated that electronic position fixing
devices were costly, without adding to safety. The Coast Guard agrees
that electronic position fixing devices are not needed on lakes, bays,
and sounds routes, and they were not required by the NPRM. One comment
thought that electronic position fixing devices should also be required
on vessels with coastwise routes. In its comment letter, the NTSB
recommended that a requirement for electronic position fixing devices
on all vessels, other than those on rivers routes, be adopted, in case
of emergency or poor visibility. Although the Coast Guard considers
electronic position fixing devices necessary for vessels operated
offshore, there are other position fixing means (radar and visual lines
of position (LOPs), and dead reckoning navigation) for most other
vessels, including those on coastwise routes. Cost-benefit concerns
were also considered. No change was made to the rule proposed in the
NPRM.
The RTCM commented that general system and equipment performance
standards should be included for electronic position fixing devices,
and is developing recommended performance standards. When their
recommendations are formalized the Coast Guard will evaluate them for
applicability to small passenger vessels.
The Coast Guard is revising its radiobeacon service areas from two
LOPs (for position fixing) to one LOP (for homing), and has evaluated
Radio Direction Finders (RDFs) as not acceptable for use as electronic
position fixing devices. Under the revised system, an RDF is not
considered capable of providing accurate fixes.
Section 184.420 Charts and Nautical Publications
The NPRM required charts and several important navigation
publications aboard all vessels, as appropriate for the intended
voyage. One comment suggested that subchapter T should be carried
onboard. The Coast Guard does not consider this necessary. The owner
and/or operator is responsible for being aware of Coast Guard standards
and requirements, whether a copy of the regulations is aboard the
vessel or not. One comment stated that the Navigation Rules should be
required to be onboard. In 33 CFR 88.05, each self-propelled vessel 12
meters (39.4 feet) or longer is required to have a copy of the Inland
Navigation Rules onboard. The Inland Rules are collocated with the
International Rules in most publications. Any local OCMI can require
sail propelled vessels to have Navigations Rules on board if determined
to be appropriate. One comment wanted the wording of this section to
reflect that vessels such as ferries, on short frequent trips over the
same route, do not need charts and publications. On many ferries or
other vessels on short frequently traveled routes, it may not be
necessary to have charts, Coast Pilots, and other publications.
However, tide variations may warrant tide and tidal current tables. The
Coast Guard's position is that the local OCMI can best make this
determination based on local geography, weather conditions, tidal range
and current, and other factors. No changes were made to the rule
proposed in the NPRM.
Subpart E--Radio
The NPRM requires that radio installations comply with FCC
requirements and have an emergency broadcast placard nearby. One
comment suggested the radio should have a separate power source located
nearby, in case of emergency or if the main power must be shut down.
While the Coast Guard accepts the location on the bridge of a separate
battery for the radios and other navigation equipment as a prudent
practice, no change has been made to the rule proposed in the NPRM.
Proposed Sec. 183.310 of this SNPRM requires two power sources for some
systems, not including radios. The Coast Guard solicits specific
comments on separate power sources for radios.
Section 184.502 Requirements of the Federal Communications Commission
The wording in this section has been revised in this SNPRM to show
that all radio installations, including but not limited to
radiotelegraph, radiotelephone (MF/HF), and VHF radiotelephone, must
comply with applicable FCC requirements.
Subpart F--Control and Internal Communication Systems
Section 184.602 Internal Communication Systems
Many comments noted that the requirements proposed in the NPRM are
more applicable to larger vessels than to small, less complicated
vessels with small engine rooms and varied layouts. Some of the
comments stated that a fixed communication system would not be useful
on such small vessels. The Coast Guard has determined that in the event
of a loss of engine or steering control a means of communication
between the pilothouse and the control station is imperative for the
safe operation of the vessel. Sufficient leeway is given in the
regulations to account for most vessel configurations. The OCMI can
allow other means of communication under paragraph (d).
Two comments thought that this requirement should not apply to twin
screw vessels. The Coast Guard agrees and in this SNPRM has revised
paragraph (a) accordingly.
One comment wanted to know what is meant by a fixed 2-way system,
and if hand-held radios were satisfactory. As addressed in the preamble
to the NPRM, a fixed communication system means a system that is ``hard
wired'' to the vessel. Examples would include a simple sound tube or a
3-way talk back system. Paragraph (d) does allow direct voice
communication, if acceptable to the OCMI. In this SNPRM, this section
has been revised to allow the OCMI to accept hand held radios.
Section 184.610 Public Address Systems
The NPRM requires installed public address systems on vessels of
more than 65 feet in length. On vessels with overnight accommodations
or more than one passenger deck, a public address system must be
operable from the operating station. Public address systems will help
the crew sound alarms, arouse passengers and distribute information,
even when separated from passengers. A vessel of not more than 65 feet
in length has the option of demonstrating to the OCMI that a battery
powered bullhorn may satisfactorily serve as the public address system
while underway. A vessel of not more than 65 feet in length carrying
not more than 49 passengers has the opportunity under proposed
Sec. 184.610(a) of the NPRM to demonstrate to the OCMI that it does not
need a public address system for voice announcements to be heard while
the vessel is underway. Three comments specifically stated they were in
favor of the requirements as written.
One comment stated that requiring a wooden vessel with sleeping
accommodations on a lakes, bays, and sounds route to have a fixed
public address system would be ludicrous. The Coast Guard disagrees.
Casualty data show that personnel injury and loss of life during
emergencies can be reduced by use of a public address system.
One comment wanted all vessels carrying more than 12 passengers to
be equipped with public address systems. The Coast Guard disagrees.
Effective communications can be achieved on many vessels without a
fixed public address system.
Four comments were received expressing the opinion that there
should be a provision allowing OCMIs to determine the need for public
address systems on small passenger vessels of more than 65 feet in
length or carrying more than 49 passengers. The Coast Guard disagrees
and thinks that the proposed regulations allow sufficient flexibility
for different types of vessels and operations without leaving room for
inconsistent application from zone to zone.
One comment was concerned that this regulation did not address
systems which can selectively make announcements only in specific
spaces, and that some OCMIs might not accept such a system. A selective
system would meet the regulatory requirement. It would be better
engineered if there were a master switch which would override the
selecting switches, so that announcements could be quickly and surely
made to all compartments during an emergency. New installations should
have a master switch, which will make the system more acceptable to the
OCMI, but it is not required. No changes were made to the rule proposed
in the NPRM as a result of this comment.
One comment suggested that more specific voltage, power and
transformer requirements be added for public address system
construction. The Coast Guard disagrees. Coast Guard regulations are
performance oriented, not construction based. This allows the designer
to construct an effective system as economically as possible.
One comment stated that a marine loudhailer should be used in lieu
of a bullhorn. The Coast Guard disagrees. A bullhorn, if audible
throughout the required spaces, would meet the requirements of the
proposed rule. No changes were made to the rule proposed in the NPRM.
One comment stated that a public address system is not needed on
crew boats. The passengers are normally professionals and a public
address system normally exists for the exterior of the vessel. The
Coast Guard disagrees. Passengers, regardless of profession, are not
members of the crew. Experienced offshore oil field workers may not
need some of the items required for ``off the street'' passengers, but
the Coast Guard considers a public address system necessary for the
safety of the passengers.
The Coast Guard has rewritten this section for this SNPRM to make
the intended requirements more clear. One change was made to indicate
that the public address system must be audible during normal operating
conditions. Normal operating conditions means that the vessel is
underway with all normal machinery operating.
Subpart G--Miscellaneous
Section 184.704 Marine Sanitation Devices
This section of the NPRM reminds small passenger vessel owner/
operators about the requirements in 33 CFR part 159, that all vessels
operating on the waters of the United States and having installed
toilet facilities must have a Marine Sanitation Device (MSD). Under
these regulations, a portable toilet which is permanently secured to
the vessel is considered to be installed and must be able to function
as a Type III MSD or be connected to a Type I or II MSD.
One comment stated that this section conflicted with Sec. 177.840
of the NPRM, which allowed portable toilets. Section 177.840, which has
been removed in this SNPRM, allowed certain vessels to permanently
install portable toilets. Once installed, they must meet the MSD
requirements. No change has been made to the rule proposed in the NPRM.
Section 184.710 First Aid Kits
The NPRM required a Coast Guard approved First Aid Kit, or a kit
with equivalent contents, to be carried on all vessels. One comment
supported the NPRM.
One comment wanted to know if this requirement applied to existing
vessels. A section in the introductory portion of this preamble
specifically discusses the applicability of proposed rules to existing
vessels. Each part of proposed subchapters T and K begins with a
section concerning applicability. Unless the applicability section
exempts existing vessels or allows a time interval before compliance is
mandatory, the regulation applies to all vessels covered by the section
as soon as it is effective. In the absence of specific exemptions or
delays for existing vessels, each regulation applies to all vessels as
soon as it is effective. In this case, under Sec. 184.115(c) an
existing vessel need not have a first-aid kit until one year after the
regulations become effective.
Another comment wanted specific equipment to be listed for vessels
of not more than 65 feet in length, including special items for fishing
and dive boats. The Coast Guard agrees that it would be prudent for a
small passenger vessel to carry any equipment considered necessary for
important emergencies which will frequently occur, but does not concur
that a special First Aid Kit should be required for each vessel type.
The Coast Guard's intent is that standard emergency first-aid equipment
be on hand to treat minor injuries which will routinely occur aboard
most vessels. No changes were made to the regulations proposed in the
NPRM.
Section 184.720 Emergency Equipment
The NPRM required vessels with overnight accommodations for more
than 49 passengers to carry the emergency equipment required by
subchapter H. The vessels to which this section would have applied are
above the proposed breakpoint requiring compliance with new subchapter
K. Many of these vessels will also be above the proposed breakpoints
which would require them to comply with subchapter H. The Coast Guard
does not consider the amount and level of emergency equipment required
by subchapter H necessary on the few vessels which would have been
required to have the equipment by the NPRM, but which will be below the
proposed breakpoint for compliance with subchapter H. Therefore, this
section is deleted in this SNPRM.
Part 185--Operations
Subpart B--Marine Casualties and Voyage Records
Section 185.202 Notice of casualty
One comment correctly pointed out an error on page 4415 of the NPRM
preamble, stating that an injury resulting in incapacitation for more
than 72 hours must be reported. This provision was changed in a
separate rulemaking published in the Federal Register (53 FR 47077) on
November 21, 1988. A report is now required for an injury which
requires professional medical treatment beyond first-aid or, in the
case of a person engaged or employed on board a vessel in commercial
service, for an injury which renders the individual unfit to perform
routine vessel duties. This requirement, presently contained in 46 CFR
4.05-1, was correctly stated in Sec. 185.202(e) in the NPRM and has
been retained in this SNPRM.
One comment stated that the injury reporting criterion in
Sec. 185.202(e) in the NPRM is vague and will lead to reports of
casualties that are not significant and will place an administrative
burden on the Coast Guard and industry. The Coast Guard recognizes the
concerns regarding the revised reportable injury criterion, which is
presently contained in 46 CFR 4.05-1. Alternative wording is being
considered for a future revision to 46 CFR part 4.
One comment suggested the addition of collisions as a reportable
casualty even when any resultant damage is valued at less than $25,000.
The Coast Guard disagrees. The Coast Guard's marine casualty reporting
criteria were amended in the early 1980s after lengthy study and public
comment, with the lower limit for property damage increasing from
$1,500 to $25,000. Some of the reasons for doing so were to narrow the
Coast Guard's focus on more significant accidents as a means of
measuring safety trends, to reflect the increased cost of marine
repairs, and to reduce the paperwork burden on the reporting public. In
view of these factors, reverting back to a lower damage limit for any
or all classes of vessel casualties would serve little purpose and
could not be justified. Existing criteria requires a report of any
incidents which affect seaworthiness of a vessel. Many collisions, even
where resulting damages less than $25,000, would still need to be
reported.
Section 185.204 Substance of Marine Casualty Notice
One comment stated that the name of the person in charge of the
vessel involved in a casualty should be included in Sec. 185.204. The
Coast Guard has concluded that the provisions of Sec. 185.206, which
require the timely submission of a written report on form CG-2692, are
sufficient for identifying the operator of a vessel involved in a
casualty.
Section 185.207 Alcohol or Drug Use by Individuals Directly Involved
in Casualties
This section has been renumbered as Sec. 185.210 in this SNPRM and
contains requirements for determining and documenting alcohol or drug
use by individuals involved in a casualty requiring reporting under
Sec. 185.202. The requirements of this section are identical to those
in 46 CFR 4.05-12 and are repeated for the sake of convenience.
One comment stated the section should be revised to reflect changes
in the final rules concerning drugs which was published in the Federal
Register of 21 November 1988 (53 FR 47044). While the final rule did
not change 46 CFR 4.05-12, there were new requirements for mandatory
chemical testing following serious incidents involving vessels in
commercial service. Due to their length and complexity, the specific
requirements for such testing are not repeated in the proposed small
passenger vessel subchapters. However, this SNPRM does contain a new
Sec. 185.212 (K-Sec. 122.212) to remind marine employers of their
obligations under the new requirements in 46 CFR, part 4, subpart 4.06.
Section 185.208 Damage to Pressure Vessel
One comment stated that this section, which requires the reporting
of damage to boilers or unfired pressure vessels, was not necessary.
The Coast Guard disagrees. This section is included to ensure that the
Coast Guard becomes aware of failures of pressure vessels and boilers
which did not result in a serious enough casualty to report under
Sec. 185.202. Reports under this section need not be in writing. This
section was incorporated into the NPRM from Sec. 78.33 of subchapter H.
The requirement to report pressure vessel or boiler failure which
renders further use of the unit unsafe is applicable to all vessels,
and has been retained in the SNPRM.
Section 185.220 Records
Two comments stated that an owner should not be required to keep
the records under this section. The Coast Guard disagrees. This section
is adopted verbatim from existing Sec. 4.05-15 and is repeated in Part
185 for convenience. The section does not require that any new
information be recorded, but only that the owner or a representative
retain any records or information which is normally recorded or
maintained by the vessel if it is involved in a casualty, so that such
records or information might be used in any investigation.
Section 185.240 Reports When State of War Exists
Section 185.240 in the NPRM, adopted verbatim from Sec. 4.05-25,
requires that special care be taken when communicating information
about casualties in time of war. One comment recommended this section
be deleted. The Coast Guard agrees and has not included the section on
reports during a state of war in this SNPRM. The section would need to
be expanded during actual time of war. Since existing Sec. 4.05-25
provides a sufficient base for promulgating any new regulations on the
topic and it is also applicable to small passenger vessels, the section
can be deleted from Part 185 without detrimentally affecting the goal
of a self-contained subchapter.
Subpart C--Miscellaneous Operating Requirements
Section 185.304 Navigation Underway
This section was adopted from 33 CFR 164.11 as a result of a NTSB
recommendation. The section mandates safety procedures which most
masters routinely perform and which are considered to be prudent
seamanship.
Three comments objected to the section, stating that the Coast
Guard has sufficient authority to address crew performance by taking
penalty action or initiating Suspension and Revocation Proceedings in
the event of a casualty. They believed it could be implied that a
person might not be responsible if a casualty occurred as a result of a
navigational error other than one of the listed requirements. The Coast
Guard disagrees. The preamble in the NPRM does state that the section
contains requirements ``designed to ensure the safe navigation of a
vessel.'' However, compliance with the requirements of this new
section, as with all regulations, does not guarantee the safe
navigation of a vessel. The proposed section will help ensure that
masters are aware of many of their critical responsibilities. Proposed
Secs. 185.100 and 185.370, as well as existing Secs. 15.401 and 15.405
of the manning requirements in 46 CFR, also contain general
requirements concerning the safe navigation of a vessel as well as
other prudent practices which are not specifically listed in this
section.
One comment stated that the section was copied from 33 CFR 164.11
without regard to its appropriateness to small passenger vessels. The
Coast Guard disagrees. Several changes were made to the requirements of
33 CFR 164.11 to make them relevant to small passenger vessels. The
applicability of this section to small passenger vessels also varies.
This is reflected by provisions such as the one in paragraph (a)(2),
which states that the person navigating the vessel needs to know
certain items, such as gyrocompass error, only ``when necessary'' for
the vessel on its present voyage.
One comment stated that applicants for a license as master or mate
of a vessel of 100 or less gross tons were not required to be able to
determine the state of the tide for any given location or time, as
required by paragraph (a)(2). The Coast Guard disagrees. The state of
the tide includes whether it is falling or rising, how low or high it
is going to get, and the resulting tidal currents which will occur. For
these licenses an applicant is tested on the ability to determine, for
all reference and subordinate stations: (1) the time and height of tide
at high and low water; and (2) the times and velocities of the
resulting minimum and maximum currents.
One comment questioned the need to know magnetic compass deviation
and how to use it, as required by paragraphs (a)(2)(i) and (b)(5), if a
current deviation card was not required to be aboard. Deviation cards
are discussed under Sec. 184.402. Some vessels do have deviation cards,
although they are not required. It is important for all persons
directing the movement of a vessel to understand how a magnetic compass
works, what errors or inaccuracies it is subject to, and how to use one
as well as possible. These requirements have been changed to show that
they would not apply if the vessel does not possess the necessary
equipment.
Section 185.306 Passengers Excluded From Operating Station
Numerous comments specifically objected to the provisions of this
section in the NPRM which prohibits passengers from entering the
operating station, i.e., pilothouse, of a vessel carrying more than 150
passengers or with overnight accommodations for more than 49
passengers. Many comments recommended that passengers be prohibited in
the pilothouse only in hazardous situations. Three comments recommended
that passengers be excluded from the operating station on any vessel
regardless of the number of passengers carried.
Proposed Sec. 185.306 was adopted from Sec. 78.10-1 of subchapter
H, and was included in the NPRM upon the specific recommendation of the
NTSB (M-86-68) following a collision between the passenger vessel
MISSISSIPPI QUEEN and the towboat CRIMSON GLORY. When this casualty
occurred a passenger was in the pilothouse of the MISSISSIPPI QUEEN.
Although there is no specific evidence that the passenger's presence
contributed to the casualty, it was a potential distraction to the
navigating crew and a violation of Sec. 78.10-1. NTSB recommended that,
where practical, passengers also be prohibited from the pilothouse of
small passenger vessels while underway to minimize distractions.
The Coast Guard agrees that the navigating crew could also be
distracted by passengers in the pilothouse of a small passenger vessel.
On numerous small passenger vessels there is no physical separation
between the operating station where the vessel's controls are located
and where passengers stand or sit. In such cases, casualty history
shows that masters have successfully used their skills and authority to
minimize distractions which may result in unsafe navigation.
As testified to by numerous small passenger vessel owners, an
important part of a cruise for many passengers is a visit to the
pilothouse while underway. Consequently, many owners allow passengers
in the pilothouse while underway, under controlled circumstances. Also,
there is little evidence to support a complete ban of passengers in
pilothouses which are separated from passenger accommodations.
In consideration of the above, the Coast Guard is proposing in this
SNPRM to remove Sec. 185.306 from subchapter T, but to leave a revised
section in subchapter K (K Sec. 122.306). This section would prohibit
passengers in the operating station in certain circumstances where the
Coast Guard considers it vital that the navigating crew is not
distracted to any extent. An additional paragraph has been added to the
revised section to allow persons such as marine inspectors and Sea
Scouts to be in the operating station when specifically allowed by the
master.
Section 185.352 Ventilation of Gasoline Machinery Spaces
One comment stated that vessel movement and/or operation of
machinery should cause enough air flow while machinery was operating
that the requirement in paragraph (2), to have the exhaust fan run
continuously, was not necessary. The comment further noted that the
vapor detector would provide warning of problems. The Coast Guard
agrees that this requirement is not necessary and has removed it in
this SNPRM.
Section 185.356 Carriage of Hazardous Materials
The proposed rule states that a vessel must not be used to
transport a hazardous material listed in 49 CFR 172.101 in commerce
unless that material is handled and transported in accordance with 49
CFR parts 171 through 176 which contain the package hazardous materials
regulations.
One comment said that the carriage of a hazardous material listed
in 49 CFR 172.101 should be permitted only if the material is packaged
on a vehicle or rail car in accordance with 49 CFR part 171 to 174 and
49 CFR part 177. In addition, the comment said that no hazardous
material should be permitted to be transported by a vessel without
appropriate personnel accompanying the shipment, and no passengers
should be permitted on board.
The Coast Guard disagrees with these comments. The Hazardous
Materials Regulations, 49 CFR 171-179, already contain specific
requirements concerning which hazardous materials may or may not be
carried on vessels carrying passengers as well as specific requirements
which apply to the packaging, handling, and stowage of hazardous
materials. The text of Sec. 185.356 is merely a restatement of the
applicability of the hazardous materials regulations to vessels
regulated under subchapter T and does not alter these regulations or
their applicability. In order to be more precise and consistent with
similar language in other subchapters, the Coast Guard is changing the
reference in Sec. 185.356 in this SNPRM to 49 CFR part 171 through part
179 since requirements in parts 177, 178 and 179 also may be
applicable.
Subpart D--Crew Requirements
Section 185.420 Crew Training
This proposed section would require that upon first being employed
and at least once every two months, each crew member on any small
passenger vessel be instructed about the individual duties that the
crew member is expected to perform in an emergency. This section was
developed because of casualties which may have been less severe had
crew members been better prepared for an emergency. Two comments
specifically supported the proposed requirement. Two comments stated
that there should be a requirement for refresher first-aid and
Cardiopulmonary Resuscitation (CPR) courses. First-aid and CPR training
is now required by 46 CFR part 10. All licensed officers are expected
to know basic first-aid. CPR refresher courses were previously
discussed in the Federal Register of 4 January 1989 (54 FR 132), which
contained the final rules entitled Licensing of Maritime Personnel.
Subpart E--Preparations for Emergencies
Section 185.502 Crew/Passenger List and Voyage Plan
This proposed section in the NPRM would require recording the names
of all passengers and crew on vessels on oceans, coastwise, and Great
Lakes voyages, vessels with overnight accommodations making overnight
voyages, and vessels on foreign voyages. The requirement is based on 46
U.S.C. 3502 as well as recommendations resulting from both NTSB and
Coast Guard casualty investigations, and is discussed in the preamble
for the NPRM. The law is presently in effect although implementing
regulations have not yet been developed.
The Coast Guard received numerous comments opposing all or part of
the requirement proposed in the NPRM. Some comments stated that
casualty data does not justify the time or expense. Other comments
reported the difficulty in recording names during short turn around
periods and that requesting names would annoy and frighten passengers.
Several comments wanted specific exceptions from the requirement for
certain type vessels while many stated that vessels on the Great Lakes
should not have to maintain the required list, as it is not required by
law for most Great Lakes vessels.
The Coast Guard estimates that this proposed rule imposes a
significant cost of over $1 million annually. However, it implements
existing law, and as detailed in the NPRM preamble, several casualties
have occurred in which the information required by the proposed section
would have greatly assisted the ensuing search cases. All the
casualties suggesting the need for a list involved vessels carrying
passengers on fishing trips on oceans or coastwise routes. In an effort
to reduce this cost to the industry, and stay strictly within the
statutory requirements of 46 U.S.C. 3502, the Coast Guard has revised
the SNPRM by deleting the passenger list requirement for vessels on
overnight voyages not involving oceans or coastwise routes.
Further, the Coast Guard agrees that the casualty record and the
type of operations of most vessels on the Great Lakes do not justify
the cost of maintaining crew and passenger lists. Therefore,
Sec. 185.502 has been revised in this SNPRM by deleting the general
requirement for passenger lists for most vessels on Great Lakes
voyages, unless specifically mandated by 46 U.S.C. 3502. As proposed,
most vessels on Great Lakes voyages would only need to maintain a
passenger count in accordance with Sec. 185.504. Owners of vessels
operating on coastwise and ocean routes would still be required to
maintain a list as required by 46 U.S.C. 3502.
Some comments questioned the need for keeping a list of persons who
embark and disembark from the applicable vessels. This provision of the
regulation cannot be changed because it only reiterates the law which
states ``The owner * * * shall keep a correct list of passengers
received and delivered from day to day * * *''.
Some comments were concerned that passengers might consider a
requirement for recording their name as an invasion of privacy and
might give false names. The Coast Guard disagrees. Passenger manifests
are routinely maintained by the airline industry without significant
problems.
The primary intent of the crew and passenger list requirement is to
provide a list of persons aboard a vessel for emergency use by search
and rescue personnel. Therefore, paragraph (b) of Sec. 185.502 would
require that the list be deposited ashore before the vessel departs its
berth to begin a voyage. Two comments were concerned that this
requirement would significantly interrupt schedules. The Coast Guard
acknowledges that the requirement would impose a burden on operators
but believes the burden will be reduced as resourceful operators
develop systems to record names.
The list may be hand-carried ashore or transmitted by radio or
other electronic means. It may be deposited ashore in a well-marked
lock box at the vessel's departure berth, at an office readily
identifiable with the vessel, at a nearby port captain's office, or at
another location of which the owner notifies the OCMI. An operator
could hand deliver an initial list ashore and call in by radio any last
minute walk-on passengers.
One comment recommended that the required list be attached in a
watertight case to the vessel's EPIRB for use in an emergency. The
Coast Guard disagrees with this proposal because the vessel's EPIRB may
not be recoverable, making any attached list useless.
Further, the Coast Guard believes that the information required by
this proposed regulation might be satisfied by a count rather than a
list that includes the names of the passengers. Any additional safety
benefits from collecting names may be very small as compared with the
cost of preparing a passenger manifest. At this juncture, however, the
Coast Guard has not been able to structure the rule so as to satisfy
its interpretation of legal requirements in a way that would limit the
information requirements to a count of passengers as opposed to a
manifest.
Paragraph (b) of Sec. 185.502 has been revised in this SNPRM by
adding a new requirement that the master of a vessel required to make a
crew and passenger list also complete a voyage plan to be deposited
ashore with the list. The voyage plan requirement is based on NTSB
recommendation M-90-16, issued after the sinking of the inspected
vessel COUGAR off the coast of Oregon on September 16, 1988. This
casualty resulted in the deaths of four persons. If the master of the
COUGAR had filed a voyage plan, the deaths might have been prevented
and the costs of the extensive search and rescue effort greatly
reduced. There have been other similar cases in the past. The Coast
Guard concurs with the need for voyage plans. Since all prudent masters
presently file a voyage plan, the additional cost imposed by this new
requirement is insignificant.
Section 185.504 Passenger Count
This section requires that the master of a vessel must keep a
correct count of all passengers received and delivered if not required
to make a crew and passenger list under Sec. 185.502. One comment
stated that the proposal does not consider vessels on short voyages
where the passenger count is done by the ticket office, not the master.
As written in the NPRM, Sec. 185.504 repeats almost verbatim the
statutory requirements of
The corresponding control numbers are displayed in proposed
Secs. 114.900 and 175.900 of this SNPRM.46 U.S.C. 3502(b). Therefore,
the provisions of the requirement cannot be made less stringent
regardless of voyage length. The regulation and the law states that the
master shall keep the count of passengers since the master is primarily
responsible for the safety of the vessel and its passengers. However,
the count may be taken by other persons and maintained in a written
record on shore providing the master ensures the count is made and
recorded. The count may be made by ticket sales, a turnstile, physical
count, or other acceptable means.
One comment implied that a count is usually not needed because
boats are rarely filled to capacity. The Coast Guard disagrees. The
passenger count is valuable information in search and rescue cases as
well as in determining whether the number of passengers exceeds the
number allowed by a vessel's COI.
One comment stated that requiring a passenger count is appropriate
and is what the law intends. Another comment stated that a written
record of the count should be maintained on shore prior to getting
underway. The Coast Guard believes that it is a prudent practice for
masters to leave behind voyage plans which include the number of
passengers aboard. In fact, the count would be of little use to
emergency rescue personnel unless it was left ashore when the vessel
departed. Therefore, this section would require that the count be left
ashore before the vessel departs. Any of the means acceptable for
leaving behind a passenger list, as discussed under Sec. 185.502, would
be acceptable for leaving behind a passenger count.
Section 185.506 Passenger Safety Orientation
This section in the NPRM requires that an audible announcement must
be made to the passengers about safety procedures and equipment aboard
the vessel before getting underway. In response to recommendations
following several casualties where passengers were provided with little
or no information regarding emergency procedures or equipment, the
proposed requirement expands the present requirement for a safety
orientation in Sec. 185.25-1. The preamble in the NPRM provides
detailed background on the proposal.
Three comments supported the proposed requirement as written. Many
comments were also received opposing any audible announcement
requirement or requesting specific changes to the requirement. Two
comments stated that announcements should be allowed to be made after a
vessel has gotten underway as is done on aircraft. The Coast Guard
disagrees with this proposal. One of the most hazardous portions of a
voyage for some vessels may be as the vessel first gets underway and
enters a busy waterway. Due to other distractions, including engine
noise, it may also be more difficult to get the full attention of
passengers after getting underway. By way of comparison, safety
briefings are required to be given on passenger carrying airplanes
before each takeoff, in accordance with 14 CFR 121.571 and 121.573.
One comment questioned the need to tell passengers how to don
lifejackets. The Coast Guard disagrees. In an emergency situation many
people panic. The situation may be intensified for passengers
unfamiliar with lifejackets which they may have to don rapidly.
Lifejackets have different means of fastening. The regulation requires
a demonstration of the proper donning of a lifejacket only for a vessel
on an ocean or coastwise voyage. Although demonstrations on other
vessels are encouraged, announcements may be limited to simple verbal
instructions on donning a lifejacket with reference to the lifejacket
placard which would be required by proposed Sec. 185.516.
Paragraph (a)(6) of the NPRM required that the safety orientation
include an announcement that passengers would be required to don
lifejackets in hazardous situations, but may also don jackets wherever
they desire. One comment requested that paragraph (a)(6) be revised so
that unruly passengers do not abuse lifejackets. The Coast Guard agrees
that some unruly passengers may playfully don lifejackets and possibly
damage them. The provisions allowing passengers to don lifejackets
whenever they desire was included because of complaints that some
masters have prohibited passengers from wearing jackets. To address the
comment, the Coast Guard is proposing in this SNPRM to delete the
requirement for an announcement about the voluntary donning of
lifejackets, but to revise proposed Sec. 185.508 to require that a
passenger desiring to wear a lifejacket must be allowed to do so.
Existing civil law concerning destruction of property may be used to
control abuse of lifejackets.
Five comments stated that passengers will either ignore
announcements or forget information passed in announcements that are
too detailed. The Coast Guard acknowledges that a certain percentage of
passengers will not pay attention to or or will not be able to retain
the information passed during a safety announcement. However, verbal
announcements will better assure that most passengers are aware of
basic emergency procedures and will know where to find posted placards
which will help to remind passengers of safety concerns during a
voyage.
Several comments expressed concerns that the proposed requirement
does not recognize differences between types of vessels or different
routes, and stated, among other things: Ferry and crew boat passengers
are usually repeat customers; ferries often have short turn around
times which makes it difficult to make an announcement; and on car
ferries many people sit with car engines running and windows rolled up
for heating or air-conditioning purposes.
Although some vessels such as ferries and crew boats may primarily
carry repeat passengers, on most voyages there will be some passengers
unfamiliar with the vessel's applicable emergency procedures or safety
equipment. As on aircraft, it is therefore important that a safety
orientation be conducted prior to each voyage. The Coast Guard
recognizes that there is a difference in the type of information which
needs to be presented on individual vessels. Paragraph (a) of
Sec. 185.506 states that passengers shall be informed of the listed
information ``when applicable.''
The Coast Guard realizes that adequately broadcasting just the
listed applicable information on some vessels, such as ferries on short
voyages with rapid turn around times, may be difficult. Even with
vehicle motors turned off as required by existing Sec. 185.20-20(b) and
proposed Sec. 185.340(b), occupants of vehicles may still have
difficulty hearing verbal announcements due to vessel noises, rolled up
windows, or echoing. To address these concerns the Coast Guard is
proposing alternative safety announcements for vessels on inland routes
where history shows a reduced risk of a casualty occurring. However,
the need remains for a complete audible safety announcement for vessels
on oceans and coastwise routes as provided for in the NPRM.
This SNPRM revises Sec. 185.506 by allowing the master of a vessel
on other than an ocean or coastwise route to make an abbreviated safety
announcement, providing that printed cards or pamphlets supplementing
the verbal announcements are hand delivered to each passenger prior to
departure or are located near each seat on a vessel for which there are
seats for every passenger. A marine inspector may review any safety
orientation cards or pamphlets for adequacy during a routine
inspection.
In response to a comment received from the NTSB, this SNPRM adds a
new paragraph (d) to Sec. 185.506, requiring that passengers on voyages
of more than 24 hours duration be requested to don a lifejacket and go
to their embarkation station during the safety orientation. Although
the Coast Guard does not agree that the master can require passengers
to participate in such activities, passengers should be encouraged by
the crew to don a lifejacket and go to their muster station. This
proposed paragraph is further discussed in this preamble under
Sec. 185.520.
Section 185.508 Wearing of Lifejackets
This section would require that the master ensure that passengers
don lifejackets under certain conditions. This requirement was proposed
based on recommendations made by the NTSB. The preamble in the NPRM
contains a detailed discussion. In response to the NPRM, the NTSB urged
adoption of the proposed rule stating that although the proposal does
not specifically comply with their recommendations, a reasonable
interpretation of the proposed rule would require the wearing of
lifejackets at times of greatest concern. One comment stated that the
wearing of lifejackets in any situation short of imminent danger can
cause needless apprehension among passengers. Based on casualty
history, the Coast Guard has determined that lifejackets should
normally be worn by passengers in the conditions listed in the NPRM.
Passengers should be aware when there is a heightened need for safety.
To minimize apprehension passengers may be informed that although no
problems are expected, wearing of lifejackets under the existing
conditions is a required safety precaution, just as the wearing of seat
belts in an automobile is often required for their own safety.
One comment stated that this section should specify that a
passenger desiring to wear a lifejacket be allowed to do so. The Coast
Guard agrees and as discussed under Sec. 185.506 in this preamble, has
added new Sec. 185.506(c) in this SNPRM.
Section 185.516 Lifejacket Placards
Paragraph (a) of this section in the NPRM requires that lifejacket
instruction placards be posted in conspicuous places aboard each
vessel, and paragraph (b) specifically requires that such placards be
posted in each passenger cabin or stateroom on a vessel of more than 65
feet in length with overnight accommodations for more than 49
passengers. The one comment on this section suggested posting placards
in each cabin and stateroom regardless of the number of overnight
accommodations or length of a small passenger vessel. The Coast Guard
disagrees. The proposal is adequate to ensure that passengers have
ample opportunity to see the placards and study proper donning methods
on smaller vessels with overnight accommodations for not more than 49
passengers (vessels which are proposed by this SNPRM to be regulated by
Subchapter T). Under this SNPRM, only vessels regulated by Subchapter K
would be required to have lifejacket placards in each overnight
accommodation space.
Section 185.518 Inflatable Liferaft Placards
The NPRM proposed that every vessel with inflatable liferafts have
instruction placards posted in conspicuous places. Two comments
suggested that this section be broadened to include inflatable buoyant
apparatus, since they are launched and used in virtually the same way
as inflatable liferafts. The Coast Guard agrees with the comments and
the section has been broadened in this SNPRM to include all inflatable
survival craft. Although specific placards are not yet issued for
inflatable buoyant apparatus, the Coast Guard is considering this
approach. Until such placards have been approved, any instruction card
acceptable to the OCMI will be satisfactory.
Section 185.520 Abandon Ship and Man Overboard Instructions and Drills
Section 185.520 in the NPRM proposes that the master be required to
conduct sufficient drills and give sufficient instructions to ensure
that all crew members are familiar with their duties in an emergency.
Paragraph (b) proposes specific drill frequency and crew participation
requirements for certain vessels. Paragraph (c) specifies what an
abandon ship drill must consist of including the summoning of
passengers on a vessel on an overnight voyage to muster stations. The
corresponding existing section in subchapter T, Sec. 185.25-10, only
requires that drills on small passenger vessels be held and
instructions provided to ensure all crew members are familiar with
their duties. The provisions of the proposed section were developed in
response to casualty investigation results, including a specific
recommendation (M-86-060) in the NTSB report on the PILGRIM BELLE
grounding. In its report the NTSB recommended that fire and boat drills
which include passengers reporting to muster stations be required
within 24 hours of departure on cruises that are more than one day's
duration.
In response to the NPRM, the NTSB commented that the proposed
section is inadequate and urged revision of it to better comply with
its recommendation M-86-060. The Coast Guard concurs with the intent of
the NTSB recommendation that passengers aboard vessels on 24 hour
voyages have experience with both donning a lifejacket and with knowing
where to go in an emergency. Ideally, passengers on all vessels should
be exposed to such training. However, for small passenger vessels on
short voyages, actually requiring passengers to participate in drills
would be impractical due to time and space limitations. To ensure
passengers on 24 hour voyages are familiar with donning a lifejacket
and finding their embarkation station, the Coast Guard is proposing in
this SNPRM to make such a requirement part of the safety orientation
required by Sec. 185.506.
The Coast Guard is also proposing in this SNPRM to revise paragraph
(a) of this section to emphasize that the section is primarily
requiring instructions and drills for emergencies involving abandon
vessel situations and the recovery of persons who have fallen
overboard. This section emphasizes that man overboard drills must be
held on all vessels. Such drills are necessary regardless of whether a
rescue boat, a special platform, or the vessel itself is used for the
recovery. Proposed Sec. 185.420 already contains a general requirement
for the instruction of crew members on their expected duties in a
variety of emergencies.
Paragraph (b) only requires that vessels with more than four
survival craft and vessels of more than 65 feet in length with
overnight accommodations for more than 49 passengers conduct a minimum
number of drills. Instead of using ``four survival craft'', the Coast
Guard proposes in this SNPRM to require that vessels carrying more than
150 passengers or having overnight accommodations for more than 49
passengers (i.e., those vessels proposed to be regulated by subchapter
K) conduct the prescribed minimum number of drills. A minimum number of
drills on vessels carrying not more than 150 passengers or with
overnight accommodations for not more than 49 passengers (proposed to
be regulated by subchapter T) has not been proposed in this SNPRM since
the need for routine drills varies more on smaller vessels, depending
on the size and turnover of the crew, the service provided, route, and
other factors. As the number of passengers grows larger, such as over
150, it becomes more difficult for the crew to handle passengers in an
emergency and the number of survival craft increases making it more
difficult for the master to direct an evacuation.
Paragraph (c) (now (b) in the SNPRM) lists the minimum tasks with
which all crews should be familiar in preparation for an abandon ship
situation. One comment stated that these requirements should only be
applicable to large overnight vessels. The Coast Guard disagrees. Any
size vessel might need to be abandoned. The details of the drills and
actual time necessary to conduct an adequate drill obviously vary
significantly based on a vessel's size, design, crew, and other
factors. Some tasks such as summoning passengers or deploying survival
craft may have to be simulated.
Paragraph (e) (now (d) in the SNPRM) of this section in the NPRM
states that each rescue boat must be launched and maneuvered during a
man overboard drill once each month, if practicable, but not less than
every three months. Some comments pointed out that since some small
passenger vessels are not required to have rescue boats, they would not
need to conduct the proposed periodic drill. The Coast Guard agrees and
has revised this SNPRM to clarify that periodic drills with a rescue
boat are only required when a rescue boat is carried.
One comment stated that the provisions of paragraph (e) should be
changed to reflect the fact that some vessels are only operated
seasonally. The Coast Guard agrees and has revised paragraph (e) in
this SNPRM.
Paragraph (f) (now (e) in the SNPRM) of this section requires
onboard training for davit-launched liferafts at least every 4 months
on vessels so equipped. The Coast Guard does not expect that many
davit-launched rafts will be installed on small passenger vessels.
However, paragraph (f) was proposed due to the additional crew training
necessary on vessels whose owners decide to install davit-launched
liferafts as an optional means of complying with the survival craft
requirements in this SNPRM. One comment stated that the inflating and
lowering of such a liferaft or the purchase of a special training raft
is not a no-cost item as indicated by the regulatory evaluation. The
Coast Guard acknowledges that the subsequent servicing and packing of
any inflatable survival craft is expensive. However, the proposed
regulation does not require the actual inflation and lowering of the
raft but only states that it should be done when practicable. A special
training raft is also not required although it is recommended for
instruction. To provide better training and significantly reduce any
expense that is involved with the deployment of any inflatable survival
craft, such craft could be inflated as part of instructions or drills
prior to having the required annual servicing completed on the craft,
or before the CO2 bottle for the craft has to be tested and refilled
(hydrostatic tests are required every five years, and are done at the
annual servicing after the due date).
One comment stated that drills should never be held with passengers
aboard. The Coast Guard disagrees. It is preferable that drills be held
whenever possible with passengers aboard to provide realistic training.
Large, ocean-going cruise ships routinely hold drills in which
passengers willingly participate, giving crew members training in the
handling of persons unfamiliar with the vessel. However, the Coast
Guard realizes that passengers are not required to participate in such
drills. Paragraph (c) (now (b) in the SNPRM) only requires that
passengers be summoned during an abandon ship drill and that the crew
practice how to handle passengers during an emergency. Under the NPRM
few vessels would actually have to conduct drills when passengers are
aboard, although it is recommended. The summoning of passengers may be
simulated as part of the drill if passengers are not aboard.
One comment stated that charterers would cancel trips if they were
delayed because of having to hold drills. The Coast Guard disagrees.
Such cancellations are doubtful if, by regulation, all vessels in a
certain service are subject to the same safety requirements.
Section 185.524 Fire Fighting Training and Fire Drills
This section requires that the master conduct such fire drills as
are necessary to make sure that all members of the crew are familiar
with their duties in case of a fire, that each fire drill include the
summoning of passengers on a vessel on an overnight voyage, a
demonstration of the crews' assigned duties during a fire, and
instruction in the use of fire fighting equipment on board.
The NTSB stated that the requirements proposed in the NPRM are
inadequate and urged revision of the NPRM to comply with NTSB
Recommendation M-86-060. NTSB Recommendation M-86-060, made as a result
of the PILGRIM BELLE grounding, recommended that during fire drills on
vessels on cruises of more than 24 hours duration, passengers report to
their emergency muster stations. The Coast Guard's opinion on the
reporting of passengers to muster stations during drills was discussed
in this preamble under Sec. 185.520. The Coast Guard agrees that fire
drills should be held at regular intervals on vessels carrying a large
number of passengers and, in this SNPRM, is proposing weekly fire
drills for vessels to be regulated by subchapter K.
One comment stated that fire drills and abandon vessel drills
should be held at random and not in a set order so that crews are
better prepared. The Coast Guard agrees and has added an appropriate
requirement in this SNPRM to the fire drill section of proposed
subchapter K.
Section 185.602 Hull Markings
The rule proposed in the NPRM would establish requirements for
either draft marks or maximum loading markings. One comment endorsed
the requirement for draft marks, noting an old requirement for them on
small passenger vessels over 50 GT. This comment opposed maximum
loading marks because the maximum allowable draft and trim is not well
defined. The comment noted that draft marks facilitate any stability
test. The Coast Guard finds that, for safety, marks are needed to help
the operator ascertain compliance with the vessel's stability letter.
Conventional draft marks are not necessary, although they are
preferable. Maximum loading marks have proven to work well with the
Load Line Convention. Maximum draft and trim are well defined in the
stability letter and are based on the loading conditions shown by the
owner to comply with the applicable stability criteria. The rule
proposed in the NPRM has not been changed.
One comment suggested clarifying that if the vessel is issued a
load line it will have load line marks. The Coast Guard agrees. The
midship marks required by the Load Line Convention take precedence over
the marks described in this section. In paragraph (d) this SNPRM
reflects that, if the vessel has a load line, the midship marks will be
those required by the International Load Line Convention.
Subpart F--Markings Required
Section 185.604 Lifesaving Equipment Markings
The NPRM contained a number of requirements for marking lifesaving
equipment with the name of the vessel and capacity (number of persons)
of the equipment, and also for marking with retroreflective material.
Three comments suggested requiring retroreflective material on life
floats and buoyant apparatus. Manufacturers have been required to put
retroreflective material on all new approved life floats and buoyant
apparatus since 1983. Therefore, there is no need to repeat the
requirement in this section. As older life floats and buoyant apparatus
are replaced, all survival craft will eventually be equipped with
retroreflective material.
Another comment suggested deleting the reference to immersion
suits, since immersion suits are not required to be carried on small
passenger vessels. Immersion suits are not required on small passenger
vessels, but may be carried voluntarily, especially in cold water
regions. It is a common practice on many vessels carrying immersion
suits for a suit to be assigned to or owned by a particular crew
member. This is often the case for persons who need an immersion suit
other than the universal adult size. Paragraph (b) has been revised in
this SNPRM to indicate that an immersion suit could be marked with the
name of the person to whom it is assigned as an acceptable alternative
to the name of the vessel.
Paragraph (b) has also been revised in this SNPRM to permit the
temporary carriage of lifejackets which are not marked with the
vessel's name. The need for this alternative was addressed in the
preamble discussion of Sec. 180.71.
Paragraph (g) has been revised in this SNPRM to allow
identification of stowage locations with the symbols in IMO Resolution
A.603(15), ``Symbols related to life-saving appliances and
arrangements'', as an alternative to the use of words.
One comment suggested that arranging the retroreflective material
according to an IMO recommendation, as required by paragraphs (i) and
(j), should not be required retroactively. The Coast Guard has no
intent to require rearrangement of retroreflective material presently
on lifesaving equipment. Paragraphs (i) and (j) have been revised in
this SNPRM to clarify that arrangement of retroreflective material
conforming to the IMO recommendation is required only after the
effective date of the final rule.
Section 185.606 Escape Hatches and Emergency Exits
This section in the NPRM repeats the requirements of the existing
Sec. 185.30-15 that emergency hatches and exits be marked with one-inch
letters unless deemed unnecessary by the OCMI. One comment stated that
such markings should be at least two inches high. The Coast Guard
agrees that one inch markings may be inadequate in many cases and this
SNPRM revises the normal height for exit sign letters to 2 inches.
Both the existing rules and this SNPRM authorize the OCMI to waive
the marking requirement if the OCMI believes the marking is
unnecessary, such as when a normal door serves as an obvious means of
escape. Under the same provision, an OCMI could allow a reduced letter
height if a particular compartment is small. As a possible guideline,
NVIC 4-89, ``Introduction to Human Factors Engineering,'' provides
recommended minimum letter heights based on the viewing distance. The
recommended heights were adopted from an industry standard, ASTM F
1166-88.
Section 185.115(b) has been revised in this SNPRM to include
emergency exit markings in the group of markings and labels which do
not have to be immediately remarked. New requirements for the size or
content of markings must be followed after the existing markings are no
longer legible.
Subpart G--Operational Readiness, Maintenance, and Inspection of
Lifesaving Equipment
Section 185.730 Servicing of Inflatable Liferafts, Inflatable Buoyant
Apparatus, Inflatable Lifejackets and Inflated Rescue Boats
This section of the NPRM proposes annual servicing of inflatable
lifesaving equipment, which is already an existing requirement. Several
comments opposed this requirement, primarily on the basis of its high
cost. Three or four-year intervals were suggested. Different servicing
intervals for inflatable liferafts will be addressed under a project
entitled ``Inflatable Liferafts'' (CGD 85-205). The Coast Guard
anticipates publishing an NPRM for that rulemaking in 1993.
Section 185.740 Periodic Servicing of Hydrostatic Release Units
This section of the NPRM proposes annual servicing of hydrostatic
release units, which is the same as existing regulations. One comment
suggested a three-year servicing interval because of the high cost of
servicing. The Coast Guard does not agree that servicing intervals can
be increased, because the performance of hydrostatic releases is
adversely affected by accumulation of dirt, salt, and deterioration of
rubber diaphragms and springs. They must be cleaned and checked
annually. However, the Coast Guard has approved a disposable
hydrostatic release which is replaced at two-year intervals. Some
operators believe that the disposable device is more economical than
annual servicing of conventional releases. This section has been
revised in this SNPRM to provide for the use of disposable releases.
Distribution Table
The following is a distribution table indicating where existing
requirements in subchapters S and T have been moved to, or if they have
been deleted, by this proposal. Since subchapter T is proposed to be
completely revised, all existing requirements of subchapter T are
listed in this table. However, only those requirements of subchapter S
actually proposed to be relocated or deleted have been listed.
In the left column of the distribution table, designated ``Old
Section'', are listed the existing subparts, sections, or paragraphs of
subchapters S and T that are being revised. In the center column,
designated ``New T Section'', is listed the location of the proposed
requirement in the revised (new) subchapter T that pertains to the
existing (old) subpart, section, or paragraph. In the right column,
designated ``New K Section'', is listed the location of the requirement
proposed in the new subchapter K that pertains to the existing (old)
subpart, section, or paragraph. If the Coast Guard proposes that the
contents of an existing subpart, section, or paragraph be deleted, the
reason for such deletion is indicated in the new section column by the
words unnecessary, obsolete, or unsatisfactory.
Subchapter S
------------------------------------------------------------------------
Old section New T section New K section
------------------------------------------------------------------------
170.105(b)(1).......... Unnecessary............ N/A.
170.160(b)(1).......... Unnecessary............ N/A.
171.020................ Unnecessary............ N/A.
171.030(a)............. 178.310(a)............. N/A.
171.030(b)............. 178.320(a)............. N/A.
171.030(c),(d),(e),(f), 178.330(c),(d),(f),(g), N/A.
(g),(h). (h),(i).
171.035................ 178.325; N/A.
178.330(d),(e),
(f)(4),(h).
171.040(a)(1).......... 179.210................ N/A.
171.040(a)(2).......... 179.212................ N/A.
171.040(a)(3).......... 179.220................ N/A.
171.040(b)............. 179.210................ N/A.
171.040(c)............. 179.320(b)............. N/A.
171.043................ 179.220................ N/A.
171.110(b)............. Unnecessary............ N/A.
171.114................ 179.320(c),(d)......... N/A.
171.115(b)............. Unnecessary............ N/A.
171.119................ 179.350................ N/A.
171.124................ 179.360................ 116.100(b); 116.1160
171.130(b)............. Unnecessary............ N/A.
171.140................ 178.410116.100(b)...... 116.1110
171.145................ 178.420; 178.450....... 116.100(b);116.1120;
116.1150
171.150................ 178.430; 178.450....... 116.100(b);116.1130;
116.1150
171.155................ 178.440................ 116.100(b); 116.1140
------------------------------------------------------------------------
Subchapter T
------------------------------------------------------------------------
175.01-1............... 175.100................ 114.100
175.01-3............... 175.900................ 114.900
175.05-1(a)............ 175.110................ 114.110
175.05-1(b)............ Unnecessary............ Unnecessary.
175.05-1(c)............ 175.120................ 114.120
175.05-1(d)............ 185.356................ 122.356
175.05-1(e)............ Unnecessary............ Unnecessary.
175.05-2............... Unnecessary............ Unnecessary.
175.05-3............... 175.110................ 114.110
175.05-5(a)-(c),(e).... Unnecessary............ Unnecessary.
175.05-5(d)............ 175.112................ 114.112
175.05-15.............. 175.200................ 114.200
175.07-1............... 175.122................ 114.122
175.10-1 to 175.10-40.. 175.400................ 114.400
175.15-1............... 175.540................ 114.540
175.20-1............... 176.400(b),(c)......... 115.400(b),(c)
175.20-5............... 176.801................ 115.801
175.25-1............... 175.550................ 114.550
175.27-1............... 175.600................ 114.600
175.27-5............... 175.600(c)............. 114.600(c)
175.27-20.............. Obsolete............... Obsolete.
175.30-1............... 175.560................ 114.560
175.35-1............... Unnecessary............ Unnecessary.
176.01-1............... 176.100................ 115.100
176.01-3............... 176.100................ 115.100
176.01-5............... 176.103................ 115.103
176.01-10.............. 176.105................ 115.105
176.01-15.............. 176.107................ 115.107
176.01-20.............. 176.110................ 115.110
176.01-25.............. 176.113................ 115.113
176.01-27(a),(b),(c)... 176.202................ 115.202
176.01-27(d)........... 176.302................ 115.302
176.01-30.............. 176.204................ 115.204
176.01-35.............. 176.120................ 115.120
176.01-40.............. 176.302................ 115.302
176.01-45.............. 176.310................ 115.310
176.05-1............... 176.400(a)............. 115.400(a)
176.05-5............... 176.402................ 115.402
176.05-10(a)........... 176.404................ 115.404
176.05-10(b)........... Unnecessary............ Unnecessary.
176.10-1............... 176.500................ 115.500
176.10-5............... 176.502................ 115.502
176.15-1............... 176.600................ 115.600
176.15-5............... 176.610................ 115.610
176.15-10.............. 176.612(a),(b)......... 115.612(a),(b)
176.20-1............... 176.700(a),(b)......... 115.700(a),(b)
176.20-5............... 176.700(d)............. 115.700(d)
176.25-1............... 176.800................ 115.800
176.25-5............... 176.802................ 115.802
176.25-10.............. 176.804................ 115.804
176.25-15.............. 176.806................ 115.806
176.25-20.............. 176.808................ 115.808
176.25-22.............. 176.808................ 115.808
176.25-25.............. 176.810................ 115.810
176.25-27.............. 176.810................ 115.810
176.25-30.............. 176.812................ 115.812
176.25-32.............. 176.812................ 115.812
176.25-35.............. 176.814................ 115.814
176.25-40.............. 176.816................ 115.816
176.25-45.............. 176.818................ 115.818
176.25-50.............. 176.830................ 115.830
176.30-1............... 176.840................ 115.840
176.35-1............... 176.900; 176.920....... 115.900; 115.920
176.35-5............... 175.400................ 114.400
176.35-10.............. 175.400................ 114.400
176.35-15.............. 176.910(a),(b)......... 115.910(a),(b)
176.35-20.............. 176.920(d)............. 115.920(d)
176.35-25.............. 176.302................ 115.302
176.35-30.............. 176.910(c),(d); 115.910(c),(d);
176.920(d). 115.920(d)
177.01-1............... 177.115................ 116.115
177.01-5............... 177.100................ 116.100
177.05-1............... 177.202................ 116.202
177.05-3............... 177.202................ 116.202
177.05-5............... 177.210................ 116.210
177.10-1(a)............ 177.300; 177.330....... 116.300; 116.310;
116.330
177.10(1)(b)........... 177.340................ 116.340
177.10-5............... 177.400................ 116.400
177.13-1............... Unnecessary............ Unnecessary.
177.15-1............... 177.500................ 116.500
177.20-1............... 177.600(a),(b)......... 116.600(a),(b)
177.20-5............... 177.600(d),(e)......... 116.600(d),(e)
177.25-1............... 177.700; 177.710....... 116.700; 116.710;
116.730
177.30-1............... 177.820................ 116.820
177.30-7............... 177.400; 177.500; 116.400; 116.500;
177.800; 177.810. 116.800; 116.810
177.35-1............... 177.900................ 116.900
177.35-5............... 177.920................ 116.920
177.35-10.............. 177.940................ 116.940
177.35-15.............. 177.960................ 116.960
180.01-1............... Unnecessary............ Unnecessary.
180.01-5............... Unnecessary............ Unnecessary.
180.05-1(a)............ 175.800................ 114.800
180.05-1(b)............ Unnecessary............ Unnecessary.
180.05-5(a)............ 180.25(a).............. 117.25(a)
180.05-5(b)............ 180.72................. 117.72
180.10-1(a)............ 180.200................ 117.200
180.10-1(b)............ Obsolete............... Obsolete.
180.10-5............... 180.202; 180.204; 117.202; 117.204; N/A.
180.206.
180.10-15.............. 180.204; 180.206....... 117.204
180.10-20.............. 180.204; 180.207....... 117.204
180.10-25.............. 180.208................ 117.208
180.10-30.............. 180.200................ 117.200
180.10-35.............. 180.210................ 117.210
180.15-1............... 180.175(c),(e)......... 117.175(c),(e)
180.15-5............... 180.175(f)............. 117.175(f)
180.15-10.............. 180.175(f)(2).......... 117.175(f)(2)
180.20-1............... 180.130; 180.137; 117.130; 117.137;
180.175(f). 117.175(f)
180.20-5............... 185.604................ 122.604
180.25-1............... 180.71................. 117.71
180.25-5............... 180.71................. 117.71
180.25-10.............. 180.71; 180.78......... 117.71; 117.78
180.25-15.............. 185.604................ 122.604
180.25-20.............. 180.71; 180.75......... 117.71; 117.75
180.25-25.............. 185.604(i)............. 122.604(i)
180.30-1............... 180.70................. 117.70
180.30-5............... 180.70................. 117.70
180.30-10.............. 180.70................. 117.70
180.35-1............... 180.68................. 117.68
180.35-5............... 180.68................. 117.68
180.35-10.............. 180.68(e).............. 117.68(e)
180.40-1............... 180.64................. 117.64
181.01-1(a)............ Unnecessary............ Unnecessary.
181.01-1(b)............ 181.115................ 118.115
181.01-5............... Unnecessary............ Unnecessary.
181.05-1............... 175.800................ 114.800
181.05-5............... 181.120................ 118.120
181.10-1............... 181.300(a),(b),(c),(d). 118.300(a),(b),(c),(d)
181.10-5............... 181.610................ 118.610
181.15-1............... 181.310(a)............. 118.310(a)
181.15-5(a),(b)........ 181.310(a)............. 118.310(a)
181.15-5(c)............ 181.310(b)............. 118.310(b)
181.15-10(a)........... 181.320(a)............. 118.320(a)
181.15-10(b)........... 181.320(c)............. 118.320(c)
181.15-10(c)........... 181.320(b),(c)......... 118.320(b),(c)
181.15-10(d)........... 181.320(b),(c),(d)..... 118.320(b),(c),(d)
181.15-10(e),(f)....... 181.320(d)............. 118.320(d)
181.15-10(g)........... 181.320(a)............. 118.320(a)
181.20-1............... 181.400(a)............. 118.400(a)
181.20-5(a)............ 181.400(a); 410(a)..... 118.400(a); 410(a)
181.20-5(b)............ 181.400(a)(2).......... 118.400(a)(2)
181.20-10.............. 181.410(f)............. 118.410(f)
181.20-15(a),(c)....... 181.410(b)............. 118.410(b)
181.20-15(d)........... 185.612(a)............. 122.612(a)
181.20-20.............. 181.410(d)............. 118.410(d)
181.20-25.............. 181.410(f)............. 118.410(f)
181.20-30.............. 181.410(c)............. 118.410(c)
181.20-35.............. 182.460(l); 182.465(h). 119.460(l); 465(h)
181.25-1............... 181.400(f),(g)......... 118.400(f),(g)
181.25-5............... 181.430................ 118.430
181.30-1............... 181.500................ 118.500
181.30-5............... 181.500................ 118.500
181.30-10(a),(b)....... 181.520................ 118.520
181.30-10(c)........... Unnecessary............ Unnecessary.
181.30-12.............. 181.500(d)............. 118.500(d)
181.35-1............... 181.600................ 118.600
182.01-1............... 182.115................ 119.115
182.01-5............... 182.100................ 119.100
182.05-1............... 182.200................ 119.200
182.05-5............... 182.220................ 119.220
182.10-1............... 182.300................ 119.300
182.10-5............... 182.310; 182.330....... 119.310; 119.330
182.15-1............... 182.400................ 119.400
182.15-5............... 182.405; 182.410....... 119.405; 119.410
182.15-7............... 182.415................ 119.415
182.15-10.............. 182.420................ 119.420
182.15-15.............. 182.425................ 119.425
182.15-20.............. 182.420; 182.430....... 119.420; 119.430
182.15-25.............. 182.440................ 119.440
182.15-30.............. 182.445................ 119.445
182.15-35.............. 182.450................ 119.450
182.15-40.............. 182.455................ 119.455
182.15-45.............. 182.460; 177.600....... 119.460; 116.600
182.20-1............... 182.400................ 119.400
182.20-5(a)............ 182.410(a)............. 119.410(a)
182.20-5(b)............ 182.410(c)............. 119.410(c)
182.20-10.............. 182.420................ 119.420
182.20-15.............. 182.425................ 119.425
182.20-20.............. 182.430................ 119.430
182.20-22.............. 182.435................ 119.435
182.20-25.............. 182.440................ 119.440
182.20-30.............. 182.445................ 119.445
182.20-35.............. 182.450................ 119.450
182.20-40.............. 182.455................ 119.455
182.20-45.............. 182.465................ 119.465
182.20-50.............. 182.470................ 119.470
182.25-1............... 182.500................ 119.500
182.25-5............... 182.510................ 119.510
182.25-10.............. 182.520................ 119.520
182.25-15.............. 182.540................ 119.540
182.30-1............... 182.610(a)............. 119.600
182.30-5............... 182.620................ 119.600
182.35-1............... 177.400(c)............. 116.400(c)
182.40-1............... 182.700; 182.720....... 119.700; 119.720
182.40-5............... 182.710; 182.720....... 119.710; 119.720
182.40-10.............. 182.715; 182.720....... 119.715; 119.720
183.01-1............... Unnecessary............ Unnecessary.
183.01-5............... 183.100; 183.200....... 120.100; 120.200
183.01-10.............. Unnecessary............ Unnecessary.
183.01-15.............. 175.600................ 114.600
183.05-1............... Unnecessary............ Unnecessary.
183.05-5............... 183.320(c)............. 120.320(c)
183.05-10.............. 183.320................ 120.320
183.05-15.............. 183.330................ 120.330
183.05-20.............. 183.350; 183.352; 120.350; 120.352;
183.354. 120.354
183.05-25.............. 183.392................ 120.392
183.05-30.............. 183.380................ 120.380
183.05-35.............. 183.210(b),(c); 183.410 120.210(b),(c);
120.410
183.05-40.............. Unnecessary............ Unnecessary.
183.05-45.............. 183.340................ 120.340
183.05-50.............. 183.340; 183.370....... 120.340; 120.370
183.10-1............... Unnecessary............ Unnecessary.
183.10-5............... 183.320................ 120.320
183.10-10.............. 183.210; 183.330....... 120.210; 120.330
183.10-15.............. 183.330................ 120.330
183.10-20.............. 183.340; 183.410....... 120.340; 120.410
183.10-25.............. 183.380................ 120.380
183.10-30.............. 183.370................ 120.370
183.10-35.............. 183.380................ 120.380
183.10-40.............. 183.380................ 120.380
183.10-45(a)........... 184.210................ 121.210
183.10-45(b)........... 184.220................ 121.220
183.10-50.............. 183.390................ 120.390
184.01-1............... Unnecessary............ Unnecessary.
184.01-5............... 184.100................ 121.100
184.05-1............... 184.200; 184.202; 121.200; 121.202;
184.240. 121.240
184.10-1............... 184.300................ 121.300
184.20-1............... 184.402................ 121.402
184.25-1............... 184.502................ 121.502
184.30-1............... 183.430................ 120.430
184.30-5............... 183.432................ 120.432
184.35-1............... 184.602(c)............. 121.602(c)
184.40-1............... 180.72................. 117.72
184.40-5............... 180.72................. 117.72
184.40-10.............. 180.78(b).............. 117.78(b)
184.40-15.............. 176.808(a)(2),(d),(f).. 115.808(a)(2),(d),(f)
185.01-1............... Unnecessary............ Unnecessary.
185.01-5............... 185.100................ 122.100
185.05-1............... 185.900; 185.910....... 122.900; 122.910
185.10-1............... 185.402................ 122.402
185.12-1............... 176.306................ 115.306
185.15-1............... Subpart B of Part 185.. Subpart B of Part 122
185.17-1............... 185.370................ 122.370
185.19-1............... 185.250................ 122.250
185.20-1............... 185.310................ 122.310
185.20-10.............. 185.320................ 122.320
185.20-15.............. 185.330................ 122.330
185.20-20.............. 185.340................ 122.340
185.20-25.............. 185.350................ 122.350
185.20-30.............. 185.360................ 122.360
185.20-35.............. 184.420................ 121.420
185.22-1............... 185.410................ 122.410
185.25-1............... 185.510................ 122.510
185.25-5............... 185.512................ 122.512
185.25-7............... 185.518................ 122.518
185.25-10.............. 185.520(a); 185.524(a). 122.520(a); 122.524
185.25-15.............. 185.530................ 122.530
185.25-20.............. 185.728; 185.726(d).... 122.728; 122.726(d)
185.30-1............... 185.602(a)............. 122.602(a)
185.30-5............... 185.604................ 122.604
185.30-10.............. 185.604(g)............. 122.604(g)
185.30-15.............. 185.606................ 122.606
185.30-20.............. 185.608................ 122.608
185.30-25.............. 185.610................ 122.610
185.30-30.............. 185.604(c)............. 122.604(c)
------------------------------------------------------------------------
Derivative Table
The following is a derivative table of the proposed and
corresponding existing regulations in subchapters S and T. In the left
column, designated ``New Section'', are proposed paragraphs, sections,
and subparts of this rulemaking. In the middle column, designated ``Old
Section'', is the paragraph, section, or subpart of subchapters S and T
where the regulation listed in the left column is currently published.
If the word ``Revised'' is included, it indicates the proposal contains
a change in the current rule other than a minor change involving
grammar, format, elimination of archaic language, or authority and
reference citations which do not affect the basic requirements of a
section. For certain new sections there are no corresponding existing
sections because a new requirement is proposed by this rulemaking.
These sections and subparts have the word ``New'' listed in the ``Old
Section'' column. The right column, ``Reference'', lists sources used
in developing the proposed regulations. The list of references is not
all inclusive. It does not contain internal policy letters and
investigation reports. Sources listed in the right column are
abbreviated as follows:
(1) ``CGD'' means Coast Guard Regulatory Docket;
(2) ``NVIC'' means U.S. Coast Guard Navigation and Vessel
Inspection Circular;
(3) ``MSM'' means the U.S. Coast Guard Marine Safety Manual;
(4) ``IMO'' means the International Maritime Organization's Code of
Safety for Dynamically Supported Craft;
(5) ``SOLAS'' means the International Convention for the Safety of
Life at Sea, 1974, as amended; and
(6) ``Subch.'' means the specified subchapter from Chapter I of
Title 46 of the Code of Federal Regulations.
Other abbreviations include references listed in Sec. 175.600 of
the proposed regulations. Individual numbers listed refer to specific
sections in Title 46 of the Code of Federal Regulations unless preceded
by another title designation.
Subchapter S
------------------------------------------------------------------------
New section Old section Reference
------------------------------------------------------------------------
170.055(h)(1)........... New..................... ....................
170.055(v).............. New..................... 46 U.S.C. 2101.
170.010(e), (m), (o).... New..................... 46 U.S.C. 2101.
------------------------------------------------------------------------
Subchapter K
------------------------------------------------------------------------
114.100................. 175.01-1(a), Revised.... ....................
114.110................. 175.05-1; 175.05-3, 46 U.S.C. 3301-3303.
Revised.
114.112................. 175.05-5(d), Revised.... ....................
114.120................. 175.05-1(c)............. ....................
114.122................. 175.07-1................ 46 U.S.C. 5102.
114.200................. 175.05-15............... ....................
114.400................. 175.10, Revised......... 46 U.S.C. 2101; IMO;
Subch. F, H, J, S.
114.540................. 175.15-1................ ....................
114.550................. 175.25-1................ ....................
114.560................. 175.30-1................ ....................
114.600................. 175.27-1, Revised....... ....................
114.800................. 175.10-1; 175.10-2; ....................
181.05-1, Revised.
114.900................. 175.01-3................ ....................
115.100................. 176.01-1; 176.01-3, 46 U.S.C. 3311,
Revised. 3313.
115.103................. 176.01-5, Revised....... ....................
115.105................. 176.01-10............... ....................
115.107................. 176.01-15, Revised...... 46 U.S.C. 3307.
115.110................. 176.01-20, Revised...... IMO.
115.112................. New..................... ....................
115.113................. 176.01-25, Revised...... IMO.
115.114................. New..................... ....................
115.120................. 176.01-35............... ....................
115.202................. 176.01-27............... 46 U.S.C. 3313.
115.204................. 176.01-30............... 46 U.S.C. 2113.
115.302................. 176.01-40; 176.01-27(d); ....................
176.35-25.
115.306................. 185.12-1................ ....................
115.310................. 176.01-45............... ....................
115.400(a).............. 176.05-1................ ....................
115.400(b), (c)......... 175.20-1................ ....................
115.402................. 176.05-5, Revised....... 46 U.S.C. 3305.
115.402(e)(8)........... New..................... IMO.
115.404................. 176.05-10............... ....................
115.500................. 176.10-1................ ....................
115.502................. 176.10-5................ ....................
115.600................. 176.15-1, Revised....... ....................
115.610................. 176.15-5, Revised....... ....................
115.612(a), (b)......... 176.15-10............... ....................
115.612(c).............. New..................... ....................
115.630................. New..................... ....................
115.670................. 176.15-1(a)............. ....................
115.700(a), (b)......... 176.20-1, Revised....... NVIC 11-83; 78.33.
115.700(c).............. New..................... ....................
115.700(d).............. 176.20-5................ ....................
115.702................. New..................... ....................
115.704................. New..................... NVIC 11-83; 78.33.
115.710................. New..................... ....................
115.800................. 176.25-1, Revised....... ....................
115.801................. 175.20-5................ ....................
115.802................. 176.25-5, Revised....... MSM.
115.804................. 176.25-10, Revised...... ....................
115.806................. 176.25-15, Revised...... ....................
115.808................. 176.25-20; 176.25-22, ....................
Revised.
115.810................. 176.25-25, Revised...... ....................
115.812................. 176.25-30; 176.25-32, ....................
Revised.
115.814................. 176.25-35, Revised...... ....................
115.816................. 176.25-40............... ....................
115.818................. 176.25-45............... ....................
115.830................. 176.25-50............... ....................
115.840................. 176.30-1................ ....................
115.900(a), (b)......... 176.35-1(a), (b)........ ....................
115.910................. 176.35-15; 176.35-30, ....................
Revised.
115.920(a), (b)......... 176.35-1(c), (d), (e), ....................
Revised.
115.920(c), (d)......... 176.35-20, Revised...... ....................
115.930................. New..................... SOLAS Ch. 1, Reg. 5,
MSM II-9.I.1.
116.100................. 177.01-5................ ....................
116.115................. New..................... ....................
116.202................. 177.05-1; 177.05-3, IMO; Subch. H.
Revised.
116.210................. 177.05-5, Revised....... ....................
116.300................. 177.10-1(a), Revised.... ....................
116.330................. 177.10-1(a), Revised.... 169.309(b), (c).
116.340................. 177.10-1(b), Revised.... ....................
116.400................. New..................... NVIC 11-83.
116.405(a).............. 177.10-5(a)............. ....................
116.405(b).............. 177.10-5(b), Revised.... ....................
116.405(c).............. 182.35-1, Revised....... ABYC A-3-70, NFPA
701.
116.405(d).............. 177.10-5(c)............. ....................
116.405(e).............. New..................... ....................
116.405(f).............. 177.30-7(d), Revised.... ....................
116.405(g).............. New..................... ....................
116.405(h).............. 177.30-7(b), Revised.... ....................
116.405(i).............. New..................... ....................
116.415................. New..................... Subch. H.
116.420................. New..................... Subch. H, NVIC 6-80.
116.422................. New..................... Subch. H, NVIC 6-80.
116.423................. New..................... Subch. H, NVIC 6-80.
116.425................. New..................... Subch. H, NVIC 6-80.
116.427................. New..................... Subch. H, NVIC 6-80.
116.430................. New..................... Subch. H, NVIC 6-80.
116.433................. New..................... Subch. H.
116.435................. New..................... Subch. H, NFPA 436.
116.438................. New..................... Subch. H.
116.439................. New..................... NFPA 101.
116.440................. New..................... IMO/MSC Circular
526.
116.500................. 177.15-1; 177.30-7(c), IMO 4.3, NFPA 101.
Revised.
116.510................. New..................... ....................
116.520................. New..................... ....................
116.530................. New..................... ....................
116.600................. 177.20-1; 177.20-5; 72.05-50(i).
181.20-35; 182.15-45,
Revised.
116.610................. New..................... Subpart 72.15, NVIC
6-80.
116.620................. New..................... ....................
116.700................. 177.25-1, Revised....... ....................
116.710................. New..................... ....................
116.730................. New..................... Subch. H; NVIC 11-
83.
116.800(a), (b), (c).... 177.30-7(a), Revised.... ....................
116.800(d), (e)......... New..................... IMO 4.1.
116.800(f).............. New..................... NVIC 11-83; 72.25-
10.
116.800(g).............. New..................... ....................
116.810(a).............. New..................... ....................
116.810(b), (c), (d).... 177.30-7(b), Revised.... ....................
116.820................. 177.30-1, Revised....... IMO 4.2.
116.900................. 177.35-1, Revised....... MSM II-10.A.6,
SOLAS.
116.920................. 177.35-5, Revised....... ....................
116.940................. 177.35-10, Revised...... ....................
116.960................. 177.35-15, Revised...... ....................
116.970................. New..................... ....................
116.1010................ New..................... IMO 4.14, 14.6
116.1020................ New..................... ....................
116.1030................ New..................... IMO 14.2.1.
116.1110................ New..................... 171.140.
116.1120................ New..................... 171.145.
116.1130................ New..................... 171.150.
116.1140................ New..................... 171.155.
116.1150................ New..................... 171.145; 171.150.
116.1160................ New..................... 171.124.
116.1200................ New..................... 170.235.
117.10.................. New..................... SOLAS; NVIC 11-83.
117.15.................. New..................... ....................
117.25(a)............... 180.05-5(a)............. ....................
117.25(b)............... New..................... ....................
117.64.................. 180.40-1, Revised....... ....................
117.68.................. 180.35-1; 180.35-5...... 180.35-10, Revised.
117.70.................. 180.30-1; 180.30-5...... 180.30-10, Revised.
117.71.................. 180.25-1; 180.25-5; 180.25-10; 180.25-
Revised. 20.
117.72.................. New..................... ....................
117.75.................. 180.25-20............... ....................
117.78.................. 180.25-10, Revised...... ....................
117.110................. New..................... ....................
117.130................. 180.20-1, Revised....... ....................
117.137................. 180.20-1, Revised....... ....................
117.150................. New..................... Subch. H.
117.175................. 180.15-1; 180.15-5; Subch. H.
180.15-10; 180.20-1.
117.200................. 180.10-30, Revised...... ....................
117.202................. 180.10-5, Revised....... ....................
117.204................. 180.10-5; 180.10-15, ....................
180.10-20, Revised.
117.208................. 180.10-25, Revised...... ....................
117.209................. New..................... ....................
117.210................. 180.10-35, Revised...... ....................
118.115................. 181.01-1(b), Revised.... ....................
118.120................. 181.05-5, Revised....... ....................
118.300(a), (b), (c), 181.10-1(a),(b),(c),(d), ....................
(d). (e), Revised.
118.300(e).............. New..................... ....................
118.310(a).............. 181.15-1; 181.15- ....................
5(a),(b).
118.310(b).............. 181.15-5(c), Revised.... ....................
118.320(a).............. 181.15-10(a),(g), ....................
Revised.
118.320(b).............. 181.15-10(c),(d), ....................
Revised.
118.320(c).............. 181.15-10(b),(c),(d), ....................
Revised.
118.320(d).............. 181.15-10(d)(2),(e),(f), ....................
Revised.
118.400(a).............. 181.20-1(a), Revised.... ....................
118.400(a)(1)........... New..................... ....................
118.400(a)(2)........... 181.20-5(b), Revised.... ....................
118.400(b).............. New..................... ....................
118.400(c).............. New..................... ....................
118.400(d).............. New..................... ....................
118.400(e).............. New..................... NVIC 11-83.
118.400(f).............. 181.25-1, Revised....... ....................
118.400(g).............. New..................... ....................
118.410(a).............. 181.20-5, Revised....... NVIC 6-72.
118.410(b).............. 181.20-15, Revised...... ....................
118.410(c).............. 181.20-30, Revised...... ....................
118.410(d).............. 181.20-20, Revised...... ....................
118.410(e).............. New..................... ....................
118.410(f).............. 181.20-10; 181.20-25.... ....................
118.410(g).............. New..................... NVIC 6-72.
118.420................. New..................... ....................
118.425................. New..................... ....................
118.430................. 181.25-5, Revised....... ....................
118.460................. New..................... ....................
118.465................. New..................... ....................
118.470................. New..................... ....................
118.500................. 181.30-1; 181.30-5, ....................
Revised.
118.500(d).............. 181.30-12............... ....................
118.520................. 181.30-10(a),(b)........ ....................
118.600................. 181.35-1................ ....................
118.610................. 181.10-5, Revised....... ....................
119.100................. 182.01-5................ ....................
119.115................. 182.01-1, Revised....... ....................
119.200(a).............. 182.05-1................ ....................
119.200(b).............. New..................... IMO 9.2.3.
119.220................. 182.05-5................ ....................
119.300................. 182.10-1................ ....................
119.310................. 182.10-5................ ....................
119.320................. New..................... 54.01-5; 53-01-10.
119.330................. 182.10-5(d)............. ....................
119.400................. 182.15-1; 182.20-1...... ....................
119.405................. 182.15-5(c), Revised.... ....................
119.410(a),(c).......... 182.15-5(a),(b), 182.20- ....................
5.
119.410(b), (d), (e), New..................... ....................
(f), (g).
119.415................. 182.15-7, Revised....... ....................
119.420................. 182.15-10; 182.15-20; MSM II 10.A.j; ABYC
182.20-10, Revised. P-10.
119.422................. New..................... 56.60-96.
119.423................. New..................... ....................
119.425................. 182.15-15; 182.20-15, ABYC P-2.
Revised.
119.430................. 182.15-20; 182.20-20, ....................
Revised.
119.435................. 182.20-22............... ....................
119.440................. 182.15-25; 182.20-25, ....................
Revised.
119.445................. 182.15-30; 182.20-30, ....................
Revised.
119.450................. 182.15-35; 182.20-35, ....................
Revised.
119.455................. 182.15-40; 182.20-40, ....................
Revised.
119.458................. New..................... ABYC H-25-86.
119.460................. 182.15-45, Revised...... ....................
119.460(l).............. 181.20-35; 182.15-45(h). ....................
119.465................. 182.20-45, Revised...... ....................
119.465(h).............. 181.20-35............... ....................
119.470................. 182.20-50, Revised...... ....................
119.480................. New..................... ....................
119.500................. 182.25-1, Revised....... NVIC 11-83.
119.510................. 182.25-5, Revised....... NVIC 11-83.
119.520................. 182.25-10, Revised...... NVIC 11-83.
119.530................. New..................... ....................
119.540................. 182.25-15, Revised...... ....................
119.600................. 182.30-1; 182.30-5; NVIC 11-83.
Revised.
119.700................. New..................... ....................
119.710................. 182.40-5, Revised....... ....................
119.715................. New..................... NVIC 11-83.
119.720................. Subpart 182.40, Revised. NVIC 11-83.
119.730................. New..................... 56.60-20.
120.100................. 183.01-5, Revised....... ....................
120.115................. New..................... ....................
120.200................. 183.01-5 Revised........ ....................
120.210................. 183.05-35............... ....................
120.220................. New..................... ....................
120.310................. New..................... ....................
120.312................. New..................... 111.10; NVIC 11-83.
120.320................. 183.05-5; 183.05-10; ....................
183.10-5, Revised.
120.322................. New..................... ....................
120.324................. New..................... 111.05.
120.330................. 183.05-15; 183.10-15.... ....................
120.340................. 183.05-40; 183.05-45; ....................
183.05-50; 183.05-20,
Revised.
120.350................. 183.05-20, Revised...... ....................
120.352................. New..................... 111.15.
120.354................. New..................... 111.15.
120.360................. New..................... 111.33.
120.370................. 183.05-50(d), 183.10-30, ....................
Revised.
120.380................. 183.05-25; 183.05-30; ....................
183.10-25; 183.10-35;
183.10-40, Revised.
120.390................. 183.10-50, Revised...... ....................
120.392................. 183.05-25(a), Revised... ....................
120.410................. 183.05-35; 183.10-20(j), ....................
Revised.
120.420................. New..................... Navigation Rules.
120.430................. 184.30-1, Revised....... ....................
120.432................. 184.30-5, Revised....... NVIC 11-83.
120.434................. New..................... 111.75-16; NVIC 11-
83.
120.520................. New..................... ....................
120.530................. New..................... 33 CFR 183.
120.540................. New..................... ....................
120.550................. New..................... NVIC 11-83; 113.25.
121.100................. 183.01-5................ ....................
121.115................. New..................... ....................
121.200................. 184.05-1(a), Revised.... ....................
121.202................. 184.05-1(c)............. ....................
121.210................. 183.10-45(a), Revised... ....................
121.220................. 183.10-45(b), Revised... ....................
121.240................. 184.05-1(d), Revised.... OGD 83-013.
121.300................. 184.10-1................ IMO 6.
121.402(a), (b)......... 184.20-1, Revised....... ....................
121.402(c).............. New..................... ....................
121.404................. New..................... ....................
121.408................. New..................... ....................
121.410................. New..................... ....................
121.420................. 185.20-35............... ....................
121.502................. 184.25-1................ ....................
121.506................. New..................... ....................
121.602(a),(b),(d)...... New..................... ....................
121.602(c).............. 184.35-1................ ....................
121.610................. New..................... ....................
121.620................. New..................... ....................
121.702................. New..................... ....................
121.704................. New..................... ....................
121.710................. New..................... ....................
122.100................. 185.01-5................ ....................
122.115................. New..................... ....................
122.202................. New..................... 4.05-1.
122.204................. New..................... 4.05-5.
122.206................. New..................... 4.05-10.
122.208................. New..................... NVIC 11-83; 78.33.
122.210................. New..................... 4.05-10.
122.212................. New..................... Subpart 4.06.
122.220................. New..................... 4.05-15.
122.230................. New..................... 4.05-20.
122.250................. 185.19-1, Revised....... 46 U.S.C. 2303,
2304.
122.260................. New..................... Subpart 4.04, 46
U.S.C. 2306.
122.280................. New..................... NVIC 11-83; 46
U.S.C. 11301;
Subpart 78.37.
122.282................. New..................... 78.37-3(c); NVIC 11-
83.
122.304................. New..................... 33 CFR 164.11.
122.306................. New..................... 78.10-1.
122.310................. 185.20-1................ ....................
122.315................. New..................... OGD 89-037.
122.320................. 185.20-10, Revised...... ....................
122.330................. 185.20-15, Revised...... NVIC 11-83; 78.15.
122.335................. New..................... OGD 89-037.
122.340................. 185.20-20, Revised...... ....................
122.350................. 185.20-25............... ....................
122.352................. 182.15-45(d), Revised... ....................
122.356................. 175.05-1(d)............. ....................
122.360................. 185.20-30, Revised...... ....................
122.370................. 185.17-1................ ....................
122.402................. 185.10-1................ ....................
122.410................. 185.22-1, Revised....... 46 U.S.C. 8102.
122.420................. 185.25-10, Revised...... IMO 17.2.
122.502................. New..................... 46 U.S.C. 3502
122.504................. New..................... 46 U.S.C. 3502.
122.506................. 185.25-1(d), Revised.... ....................
122.508................. New..................... ....................
122.510................. 185.25-1(a),(b),(c)..... ....................
122.512................. 185.25-5, Revised....... ....................
122.514................. New..................... NVIC 11-83; 78.13.
122.515................. New..................... 78.47-47; NVIC 11-
83.
122.516................. New..................... NVIC 11-83; 78.47-
47.
122.518................. 185.25-7, Revised....... 160.051.
122.520................. 185.25-10............... NVIC 11-83; 78.17-
50.
122.524................. 185.25-10............... NVIC 11-83; 78.17-
50; IMO 17.5.3.
122.530................. 185.25-15............... ....................
122.602(a), (b), (f).... 185.30-1................ ....................
122.602(c), (d), (e), New..................... NFPA 101.
(g).
122.604................. 185.30-5, 185.30-10, ....................
185.30-30, 180.20-5,
180.25-15, 180.25-25,
Revised.
122.606................. 185.30-15............... ....................
122.608................. 185.30-20............... ....................
122.610................. 185.30-25............... ....................
122.612(a), (c)......... 181.20-15(d), Revised... 78.47-15.
122.612(b), (d)-(h)..... New..................... NVIC 11-83; 78.47.
122.700................. New..................... ....................
122.702................. New..................... ....................
122.704................. New..................... ....................
122.720................. New..................... ....................
122.722................. New..................... ....................
122.724................. New..................... ....................
122.726................. 185.25-20(b), Revised... ....................
122.728................. 185.25-20, Revised...... ....................
122.730................. New..................... 160.051-6; 160.076;
160.077.
122.740................. New..................... 160.062.
122.900................. 185.05-1(a)............. ....................
122.910................. 185.05-1(b)............. ....................
------------------------------------------------------------------------
Subchapter T
------------------------------------------------------------------------
175.100................. 175.01-1(a), Revised.... ....................
175.110................. 175.05-1; 175.05-3...... 46 U.S.C. 3301-3303
Revised.
175.112................. 175.05-5(d), Revised.... ....................
175.120................. 175.05-1(c)............. ....................
175.122................. 175.07-1................ 46 U.S.C. 5102.
175.200................. 175.05-15............... ....................
175.400................. 175.10, Revised......... 46 U.S.C. 2101; IMO;
Subch. F, H, J, S.
175.540................. 175.15-1................ ....................
175.550................. 175.25-1................ ....................
175.560................. 175.30-1................ ....................
175.600................. 175.27-1, Revised....... ....................
175.800................. 175.10-1; 175.10-2; ....................
181.05-1, Revised.
175.900................. 175.01-3................ ....................
176.100................. 176.01-1; 176.01-3, 46 U.S.C. 3311,
Revised. 3313.
176.103................. 176.01-5, Revised....... ....................
176.105................. 176.01-10............... ....................
176.107................. 176.01-15, Revised...... 46 U.S.C. 3307.
176.110................. 176.01-20, Revised...... IMO.
176.112................. New..................... ....................
176.113................. 176.01-25, Revised...... IMO.
176.114................. New..................... ....................
176.120................. 176.01-35............... ....................
176.202................. 176.01-27............... 46 U.S.C. 3313.
176.204................. 176.01-30............... 46 U.S.C. 2113.
176.302................. 176.01-40; 176.01-27(d); ....................
176.35-25.
176.306................. 185.12-1................ ....................
176.310................. 176.01-45............... ....................
176.400(a).............. 176.05-1................ ....................
176.400(b), (c)......... 175.20-1................ ....................
176.402................. 176.05-5, Revised....... 46 U.S.C. 3305.
176.402(e)(8)........... New..................... IMO.
176.404................. 176.05-10............... ....................
176.500................. 176.10-1................ ....................
176.502................. 176.10-5................ ....................
176.600................. 176.15-1, Revised....... ....................
176.610................. 176.15-5, Revised....... ....................
176.612(a), (b)......... 176.15-10............... ....................
176.612(c).............. New..................... ....................
176.630................. New..................... ....................
176.670................. 176.15-1(a)............. ....................
176.700(a), (b)......... 176.20-1, Revised....... NVIC 11-83; 78.33.
176.700(c).............. New..................... ....................
176.700(d).............. 176.20-5................ ....................
176.702................. New..................... ....................
176.704................. New..................... NVIC 11-83; 78.33.
176.710................. New..................... ....................
176.800................. 176.25-1, Revised....... ....................
176.801................. 175.20-5................ ....................
176.802................. 176.25-5, Revised....... MSM.
176.804................. 176.25-10, Revised...... ....................
176.806................. 176.25-15, Revised...... ....................
176.808................. 176.25-20; 176.25-22, ....................
Revised.
176.810................. 176.25-25, Revised...... ....................
176.812................. 176.25-30; 176.25-32, ....................
Revised.
176.814................. 176.25-35, Revised...... ....................
176.816................. 176.25-40............... ....................
176.818................. 176.25-45............... ....................
176.830................. 176.25-50............... ....................
176.840................. 176.30-1................ ....................
176.900(a), (b)......... 176.35-1(a), (b)........ ....................
176.910................. 176.35-15; 176.35-30, ....................
Revised.
176.920(a), (b)......... 176.35-1(c), (d), (e), ....................
Revised.
176.920(c), (d)......... 176.35-20, Revised...... ....................
176.930................. New..................... SOLAS Ch.1, Reg. 5,
MSM II-9.I.1.
177.100................. 177.01-5................ ....................
177.115................. New..................... ....................
177.202................. 177.05-1; 177.05-3, IMO; Subch. H.
Revised.
177.210................. 177.05-5, Revised....... ....................
177.300................. 177.10-1(a), Revised.... ....................
177.310................. 177.10-1(a), Revised.... ....................
177.315................. New..................... ....................
177.330................. 177.10-1(a), Revised.... 169.309(b), (c).
177.340................. 177.10-1(b), Revised.... ....................
177.405(a).............. 177.10-5(a)............. ....................
177.405(b).............. 177.10-5(b), Revised.... ....................
177.405(c).............. 182.35-1, Revised....... ABYC A-3-70, NFPA
701.
177.405(d).............. 177.10-5(c)............. ....................
177.405(e).............. New..................... ....................
177.405(f).............. 177.30-7(d), Revised.... ....................
177.405(g).............. New..................... ....................
177.405(h).............. 177.30-7(b), Revised.... ....................
177.405(i).............. New..................... ....................
177.410(a).............. 177.10-5(a-1), Revised.. NVIC 8-87.
177.410(b).............. 177.10-5(b), Revised.... ....................
177.410(c), (d)......... New..................... NVIC 8-87; policy.
177.430................. New..................... Subch. H, NVIC 6-80.
177.500................. 177.15-1; 177.30-7(c), IMO 4.3, NFPA 101.
Revised.
177.600................. 177.20-1; 177.20-5; 72.05-50(i).
181.30-35; 182.15-45,
Revised.
177.620................. New..................... ....................
177.700................. 177.25-1, Revised....... ....................
177.710................. New..................... ....................
177.800(a), (b), (c).... 177.30-7(a), Revised.... ....................
177.800(d), (e)......... New..................... IMO 4.1.
177.800(f).............. New..................... NVIC 11-83; 72.25-
10.
177.800(g).............. New..................... ....................
177.810(a).............. New..................... ....................
177.810(b), (c), (d).... 177.30-7(b), Revised.... ....................
177.820................. 177.30-1, Revised....... IMO 4.2.
177.900................. 177.35-1, Revised....... MSM II-10.A.6,
SOLAS.
177.920................. 177.35-5, Revised....... ....................
177.940................. 177.35-10, Revised...... ....................
177.960................. 177.35-15, Revised...... ....................
177.970................. New..................... ....................
177.1010................ New..................... IMO 4.1.4, 14.6.
177.1020................ New..................... ....................
177.1030................ New..................... IMO 14.2.1.
178.115................. New..................... 170.001; 171.001.
178.210................. New..................... 170.110; 170.120;
NVIC 10-83.
178.220................. New..................... 170.110.
178.230................. New..................... 170.120.
178.310................. New..................... 171.020.
178.320................. New..................... 171.030.
178.325................. New..................... 171.035.
178.330................. New..................... 171.030.
178.340................. New..................... MSM IV-6.D.3.b.
178.410................. New..................... 171.140.
178.420................. New..................... 171.145.
178.430................. New..................... 171.150.
178.440................. New..................... 171.155.
178.450................. New..................... ....................
178.510................. New..................... 170.235.
179.115................. New..................... 170.001.
179.210................. New..................... 171.040; 171.060.
179.212................. New..................... 171.040; 171.060.
179.220................. New..................... 171.043.
179.230................. New..................... 171.080.
179.240................. New..................... 170.245.
179.310................. New..................... 171.040; 171.085.
179.320................. New..................... 171.040(e); 171.114.
179.330................. New..................... 170.255; 170.270;
171.114; MSM IV-
6.I.
179.340................. New..................... 171.113.
179.350................. New..................... 171.119.
179.360................. New..................... 171.124.
180.10.................. New..................... SOLAS; NVIC 11-83.
180.15.................. New..................... ....................
180.25(a)............... 180.05-5(a)............. ....................
180.25(b)............... New..................... ....................
180.64.................. 180.40-1, Revised.......
180.68.................. 180.35-1; 180.35-5;
180.35-10, Revised.
180.70.................. 180.30-1; 180.30-5;
180.30-10, Revised.
180.71.................. 180.25-1; 180.25-5;
180.25-10; 180.25-20,
Revised.
180.72.................. New..................... ....................
180.75.................. 180.25-20............... ....................
180.78.................. 180.25-10, Revised...... ....................
180.110................. New..................... ....................
180.130................. 180.20-1, Revised....... ....................
180.137................. 180.20-1, Revised....... ....................
180.150................. New..................... Subch. H.
180.175................. 180.15-1; 180.15-5; Subch. H.
180.15-10; 180.20-1.
180.200................. 180.10-30, Revised...... ....................
180.202................. 180.10-5, Revised....... ....................
180.204................. 180.10-5; 180.10-15; ....................
180.10-20, Revised.
180.206................. 180.10-5; 180.10-15, ....................
Revised.
180.207................. 180.10-20, Revised...... ....................
180.208................. 180.10-25, Revised...... ....................
180.209................. New..................... ....................
180.210................. 180.10-35, Revised...... ....................
181.115................. 181.01-1(b), Revised.... ....................
181.120................. 181.05-5, Revised....... ....................
181.300(a), (b), (c), 181.10-1(a), (b), (c), ....................
(d). (d), (e), Revised.
181.300(e).............. New..................... ....................
181.310(a).............. 181.15-1; 181.15-5(a), ....................
(b).
181.310(b).............. 181.15-5(c), Revised.... ....................
181.320(a).............. 181.15-10(a), (g), ....................
Revised.
181.320(b).............. 181.15-10(c), (d), ....................
Revised.
181.320(c).............. 181.15-10(b), (c), (d), ....................
Revised.
181.320(d).............. 181.15-10(d)(2), (e), ....................
(f), Revised.
181.400(a).............. 181.20-1(a), Revised.... ....................
181.400(a)(1)........... New..................... ....................
181.400(a)(2)........... 181.20-5(b), Revised.... ....................
181.400(b).............. New..................... ....................
181.400(c).............. New..................... ....................
181.400(d).............. New..................... ....................
181.400(e).............. New..................... NVIC 11-83.
181.400(f).............. 181.25-1, Revised....... ....................
181.400(g).............. New..................... ....................
181.410(a).............. 181.20-5, Revised....... NVIC 6-72.
181.410(b).............. 181.20-15, Revised...... ....................
181.410(c).............. 181.20-30, Revised...... ....................
181.410(d).............. 181.20-20, Revised...... ....................
181.410(e).............. New..................... ....................
181.410(f).............. 181.20-10; 181.20-25, ....................
Revised.
181.410(g).............. New..................... NVIC 6-72.
181.420................. New..................... ....................
181.425................. New..................... ....................
181.430................. 181.25-5, Revised....... ....................
181.450................. New..................... ....................
181.460................. New..................... ....................
181.465................. New..................... ....................
181.500................. 181.30-1; 181.30-5, ....................
Revised.
181.500(d).............. 181.30-12............... ....................
181.520................. 181.30-10(a), (b)....... ....................
181.600................. 181.35-10............... ....................
181.610................. 181.10-5, Revised....... ....................
182.100................. 182.01-5................ ....................
182.115................. 182.01-1, Revised....... ....................
182.130................. New..................... ....................
182.200(a).............. 182.05-1................ ....................
182.200(b).............. New..................... IMO 9.2.3.
182.220................. 182.05-5................ ....................
182.300................. 182.10-1................ ....................
182.310................. 182.10-5................ ....................
182.320................. New..................... 54.01-5; 53-01-10.
182.330................. 182.10-5(d)............. ....................
182.400................. 182.15-1; 182.20-1...... ....................
182.405................. 182.15-5(c), Revised.... ....................
182.410(a), (c)......... 182.15-5(a), (b); 182.20- ....................
5.
182.410(b), (d), (e), New..................... ....................
(f), (g).
182.415................. 182.15-7, Revised....... ....................
182.420................. 182.15-10; 182.15-20; MSM II 10.A.j; ABYC
182.20-10, Revised. P-10.
182.422................. New..................... 56.60-96.
182.423................. New..................... ....................
182.425................. 182.15-15; 182.20-15, ABYC P-2.
Revised.
182.430................. 182.15-20; 182.20-20, ....................
Revised.
182.435................. 182.20-22............... ....................
182.440................. 182.15-25; 182.20-25, ....................
Revised.
182.445................. 182.15-30; 182.20-30, ....................
Revised.
182.450................. 182.15-35; 182.20-35, ....................
Revised.
182.455................. 182.15-40; 182.20-40, ....................
Revised.
182.458................. New..................... ABYC H-25-86.
182.460................. 182.15-45, Revised...... ....................
182.460(1).............. 181.20-35; 182.15-45(h). ....................
182.465................. 182.20-45, Revised...... ....................
182.465(h).............. 181.20-35............... ....................
182.470................. 182.20-50, Revised...... ....................
182.480................. New..................... ....................
182.500................. 182.25-1, Revised....... NVIC 11-83.
182.510................. 182.25-5, Revised....... ....................
182.520................. 182.25-10, Revised...... ....................
182.530................. New..................... ....................
182.540................. 182.25-15, Revised...... ....................
182.600(a).............. New..................... ....................
182.600(b).............. New..................... NVIC 11-83.
182.610(a).............. 182.30-1; Revised....... ....................
182.610(b)-(f).......... New..................... ....................
182.620(a), (b)......... 182.30-5(a), Revised.... ....................
182.620(c).............. 182.30-5(b), Revised.... ....................
182.700................. New..................... ....................
182.710................. 182.40-5, Revised....... ....................
182.715................. New..................... NVIC 11-83.
182.720 (a), (b), (c)... Subpart 182.40, Revised. NVIC 11-83.
182.720(d).............. 182.15-40; 182.20-40, 33 CFR 183.
Revised.
182.730................. New..................... 56.60-20.
183.100................. 183.01-5, Revised....... ....................
183.115................. New..................... ....................
183.130................. New..................... ....................
183.200................. 183.01-5, Revised....... ....................
183.210................. 183.05-35............... ....................
183.220................. New..................... ....................
183.310................. New..................... ....................
183.320................. 183.05-5; 183.05-10; ....................
183.10-5, Revised.
183.322................. New..................... ....................
183.324................. New..................... 111.05.
183.330................. 183.05-15; 183.10-15.... ....................
183.340................. 183.05-40; 183.05-45; ....................
183.05-50; 183.10-20,
Revised.
183.350................. 183.05-20, Revised...... ....................
183.352................. New..................... 111.15.
183.354................. New..................... 111.15.
183.360................. New..................... 111.33.
183.370................. 183.05-50(d), 183.10-30, ....................
Revised.
183.380................. 183.05-25; 183.05-30; ....................
183.10-25; 183.10-35;
183.10-40, Revised.
183.390................. 183.10-50, Revised...... ....................
183.392................. 183.05-25(a), Revised... ....................
183.410................. 183.05-35; 183.10-20(j), ....................
Revised.
183.420................. New..................... Navigation Rules.
183.430................. 184.30-1, Revised....... ....................
183.432................. 184.30-5, Revised....... NVIC 11-83.
183.520................. New..................... ....................
183.530................. New..................... 33 CFR 183.
183.540................. New..................... ....................
183.550................. New..................... NVIC 11-83; 113.25.
184.100................. 184.01-5................ ....................
184.115................. New..................... ....................
184.200................. 184.05-1(a), Revised.... ....................
184.202................. 184.05-1(c)............. ....................
184.210................. 183.10-45(a), Revised... ....................
184.220................. 183.10-45(b), Revised... ....................
184.240................. 184.05-1(d), Revised.... CGD 83-013.
184.300................. 184.10-1................ IMO 6.
184.402(a), (b)......... 184.20-1, Revised....... ....................
184.402(c).............. New..................... ....................
184.404................. New..................... ....................
184.408................. New..................... ....................
184.410................. New..................... ....................
184.420................. 185.20-35............... ....................
184.502................. 184.25-1................ ....................
184.506................. New..................... ....................
184.602(a), (b), (d).... New..................... ....................
184.602(c).............. 184.35-1................ ....................
184.610................. New..................... ....................
184.620................. New..................... ....................
184.702................. New..................... ....................
184.704................. New..................... ....................
184.710................. New..................... ....................
185.100................. 185.01-5................ ....................
185.115................. New..................... ....................
185.202................. New..................... 4.05-1.
185.204................. New..................... 4.05-5.
185.206................. New..................... 4.05-10.
185.208................. New..................... NVIC 11-83; 78.33.
185.210................. New..................... 4.05-12.
185.212................. New..................... Subpart 4.06.
185.220................. New..................... 4.05-15.
185.230................. New..................... 4.05-20.
185.250................. 185.19-1, Revised....... 46 U.S.C. 2303,
2304.
185.260................. New..................... Subpart 4.04, 46
U.S.C. 2306.
185.280................. New..................... NVIC 11-83; 46
U.S.C. 11301;
Subpart 78.37.
185.304................. New..................... 33 CFR 164.11.
185.310................. 185.20-1................ ....................
185.315................. New..................... CGD 89-037.
185.320................. 185.20-10, Revised...... ....................
185.330................. 185.20-15, Revised...... NVIC 11-83; 78.15.
185.335................. New..................... CGD 89-037.
185.340................. 185.20-20, Revised...... ....................
185.350................. 185.20-25............... ....................
185.352................. 182.15-45(d), Revised... ....................
185.356................. 175.05-1(d)............. ....................
185.360................. 185.20-30, Revised...... ....................
185.370................. 185.17-1................ ....................
185.402................. 185.10-1................ ....................
185.410................. 185.22-1, Revised....... 46 U.S.C. 8102.
185.420................. 185.25-10, Revised...... IMO 17.2.
185.502................. New..................... 46 U.S.C. 3502.
185.504................. New..................... 46 U.S.C. 3502.
185.506................. 185.25-1(d), Revised.... ....................
185.508................. New..................... ....................
185.510................. 185.25-1(a), (b), (c)... ....................
185.512................. 185.25-5, Revised....... ....................
185.514................. New..................... NVIC 11-83; 78.13.
185.516................. New..................... NVIC 11-83; 78.47-
47.
185.518................. 185.25-7, Revised....... 160.051.
185.520................. 185.25-10............... NVIC 11-83; 78.17-
50.
185.524................. 185.25-10............... NVIC 11-83; 78.17-
50; IMO 17.5.3.
185.530................. 185.25-15............... ....................
185.602(a), (b), (f).... 185.30-1................ ....................
185.602(c), (d), (e), New..................... NFPA 101.
(g).
185.604................. 185.30-5, 185.30-10, ....................
185.30-30, 180.20-5,
180.25-15, 180.25-25,
Revised.
185.606................. 185.30-15............... ....................
185.608................. 185.30-20............... ....................
185.610................. 185.30-25............... ....................
185.612(a), (c)......... 181.20-15(d), Revised... 78.47-15.
185.612(b), (d)-(h)..... New..................... NVIC 11-83; 78.47.
185.700................. New..................... ....................
185.702................. New..................... ....................
185.704................. New..................... ....................
185.720................. New..................... ....................
185.722................. New..................... ....................
185.724................. New..................... ....................
185.726................. 185.25-20(b), Revised... ....................
185.728................. 185.25-20, Revised...... ....................
185.730................. New..................... 160.051-6; 160.076;
160.07.
185.740................. New..................... 160.062.
185.900................. 185.05-1(a)............. ....................
185.910................. 185.05-1(b)............. ....................
------------------------------------------------------------------------
Regulatory Assessment
This document has been reviewed under Executive Order 12866,
``Regulatory Planning and Review,'' and is considered a significant
regulatory action under the ``Department of Transportation Regulatory
Policies and Procedures'' (44 FR 11040; February 26, 1979).
In conjunction with the NPRM, the Coast Guard conducted a detailed
assessment of the costs and benefits of the proposed changes affecting
small passenger vessel owners, the public, and the Coast Guard. The
average annual cost to the small passenger vessel industry of the
proposed changes in the NPRM was estimated to be $8.44 million per year
in 1987 dollars. The NPRM preamble included an explanation of how the
cost was determined, details of some of the more expensive cost items,
and an analysis of the anticipated impact. Many responses to the NPRM
focused on a few key issues, which are discussed in the following
paragraphs.
The prices used for new equipment proposed in the NPRM reflected
the minimum cost that would be incurred by a vessel owner or operator
to meet the regulations. This is not necessarily the equipment of
choice for most vessels. Many vessel owners and operators presently use
equipment proposed by this SNPRM because they recognize the need for
such equipment. In doing so, they have voluntarily installed high
quality, expensive equipment based on factors such as reliability,
serviceability, and superior performance. Thus, while an inexpensive
fathometer installed on a transom mount would meet the letter of the
regulation and save the cost of drydocking, most owners would install a
more expensive device, with a through-hull transducer, in order to gain
reliability. Owners have pointed out that inexpensive equipment does
not stand up to the rigors of commercial use and may cost more than
quality equipment in the long run, because the failure of a device may
prevent a vessel from operating and earning revenue.
In order to more accurately reflect the impact of this regulatory
package, the Coast Guard has increased the assumed cost of many add-on
items based upon responses to the NPRM. For example, the assumed cost
of a radar has been increased from $3,000 to $6,000 based upon industry
comments. Further, to more accurately reflect the costs experienced by
industry in maintaining and eventually replacing equipment, the annual
maintenance cost has been assumed as 20 percent of the initial
procurement and installation cost.
Other comments stated that the interest rate assumed in the
analysis (10 per cent annually) and the period over which costs were
annualized (25 years) were grossly misrepresentative of the financing
that is available to the industry in terms of interest rates and
repayment period.
The Coast Guard was not attempting to model actual interest rates
and loan periods when choosing the values used in the analysis. Rather,
the Coast Guard was relying on guidance provided by the Office of
Management and Budget (OMB) through Executive Order 12291. That order
specifies that a time value of money of ten percent be used and
suggests an analysis period of 30-35 years, beyond which the impact of
a constant cash flow becomes negligible in terms of present value. In
the analysis which accompanied the NPRM, the Coast Guard assumed a time
value of money of 10 per cent and extended the analysis over a period
of 100 years to determine the cost of the rulemaking. For the SNPRM,
the latest OMB direction requires the Coast Guard to assume a time
value of money of 7 per cent. Additionally, the Coast Guard has limited
the evaluation cost of the rulemaking to a 30 year period instead of
100 years.
It is apparent that some confusion was caused by the Coast Guard's
use of four sample vessels to quantify the impact. As a matter of
simplification, the Coast Guard chose to use a period of 25 years, the
assumed life of a small passenger vessel, when quantifying the impact
on the sample vessels. These examples have not been used in this SNPRM.
Several comments pointed out that, on the basis of fleet size and
number of passengers carried, the small passenger vessel fleet has an
exemplary safety record, particularly when compared to other
transportation modes, and recommended that the Coast Guard compare the
safety records of different transportation modes before proceeding with
the rulemaking.
The Coast Guard reviewed safety data from different transportation
modes and found no common basis for comparison. Further compounding the
complexity of the issue is the variety of reasons involved with choice
of transportation modes. For example, travel via scheduled airlines is
generally recognized to involve some degree of risk. However, millions
of people travel by air annually, at a relatively high monetary cost,
because of a need to travel a large distance in a short period of time.
With the exception of some ferry operations, passengers are generally
not driven to travel on small passenger vessels by some need which
outweighs the perceived risk. Rather, most small passenger vessel
travel is done for pleasure under a perception of minimal risk, if any.
Several comments suggested that the cost of the other regulations
and policies which have been promulgated recently or are expected to be
published, such as alcohol and drug regulations and manning policies,
should be considered a part of the evaluation for the subchapter T
proposal because the costs will all impact upon the same small
passenger vessel operator. The Coast Guard recognizes the industry's
concern about multiple regulatory projects which cumulatively increase
the operational costs of a small passenger vessel. This concern is
addressed in Executive Order 12291 and DOT Order 2100.5, which require
that each regulatory project must be justifiable on its own merits in
terms of balancing costs and benefits.
The analysis for this SNPRM is a revision of the analysis completed
for the NPRM, with changes made to reflect industry comments and
inputs. Because several comments from the insurance industry stated
that little or no saving in insurance premiums would accrue to vessel
owners for improvements such as fixed fire extinguishing systems, these
savings have not been included in the evaluation of this SNPRM.
This SNPRM proposed several changes in the small passenger vessel
regulations which will decrease the operating costs of the fleet
overall. These decreased costs will primarily be due to:
1. Reduced fire damage due to increased fire protection equipment;
2. Extended drydocking intervals for non wood-hulled vessels;
3. Reduced structural fire protection requirements; and
4. Greater flexibility in the choice of structural fire protection
materials and piping materials.
The regulations proposed in this SNPRM would result in an overall
increased cost, for the initial purchase and outfitting of a new, small
passenger vessel, of approximately $1,500 to $94,000 per vessel
depending upon the vessel's operation and number of passengers
permitted to be carried. The total net present value of the cost of the
proposed changes is $102.7 million.
Time phasing and discounting were used to determine the Net Present
Value (NPV) and Average Annual Cost (AAC). Discounting recognizes that
future costs or benefits are not worth the same amount at the present
time, and that the relationship between monetary values at different
points in time is the interest rate or discount factor. The NPV is the
total value of all future costs and benefits from this proposal on the
effective date of the regulations. To calculate the NPV of the
regulations as proposed in this SNPRM, the regulations were assumed to
be effective for a planning period of 30 years, instead of 100 years as
used in the NPRM. Each year's expected yearly cost was multiplied by a
discount factor and summed over all years of the planning period. The
AAC is the NPV discounted over all the years of the planning period,
producing equal annual costs. For the evaluation the average life of a
small passenger vessel was estimated to be 25 years.
More than 70 individual changes from the existing regulations were
identified in this proposal as being monetary cost/benefit items. The
most significant of these items were:
1. Liferafts or inflatable buoyant apparatus for certain vessels
($4.87 million AAC);
2. Passenger/crew lists ($1.03 million AAC); and
3. Fixed total flooding fire extinguishing systems in machinery
spaces ($1.96 million AAC).
The estimated cost of the proposed changes are based on information
from small passenger vessel owners, builders, equipment vendors, and
marine equipment catalogs, and include estimated initial outfitting
costs and the annual recurring costs. Outfitting costs include the
initial purchase price and installation charge for new equipment.
Recurring costs include annual maintenance and service cost, annual
labor cost for making passenger and crew lists, and an annual pro rata
replacement cost for the cited equipment based on a ten year life
expectancy, minus any quantifiable monetary benefit from annual cost
savings due to items such as reduced insurance premiums, reduced
material costs, and reduced number of drydockings. A discussion of the
individual cost or monetary benefit of many proposed changes is
included in the ``Discussion of Proposed Regulations'' in this
preamble. Comments are requested on the costs stated throughout this
preamble.
The small passenger vessel industry would incur a direct, average
annual cost of $9.71 million as a result of this SNPRM. Although the
direct cost may be considered large, the need for and benefits of the
proposed regulations justify the cost.
The primary benefit of the proposed regulations is that they are
expected to reduce the number of lives lost, and injuries and property
damage sustained, as a result of casualties involving small passenger
vessels. This primary benefit can not be readily calculated in monetary
terms. Some of the requirements proposed by this rulemaking for which
the full monetary benefit of the requirement can not be easily
quantified include: liferafts and inflatable buoyant apparatus, EPIRBs,
fixed total flooding fire extinguishing systems, fire detecting
systems, and passenger and crew lists.
Based on available small passenger vessel casualty data, the
proposed requirements for inflatable liferafts and buoyant apparatus
are expected to save two lives per year. The requirement that
lifejackets be worn in hazardous situations is estimated to save an
additional life per year.
Concerning the requirement for fixed fire extinguishing systems in
machinery spaces, the Coast Guard estimates that this requirement will
prevent $0.3 million in property damage each year.
The Department of Transportation General Counsel's memorandum of
January 8, 1983, noted that $2.5 million per statistical life saved is
a reasonable estimate of people's willingness to pay for safety.
Injuries are calculated at varying fractions of this amount depending
on the severity of the injury. Considering the three lives per year
estimated to be saved by the implementation of these proposed
regulations, the Coast Guard estimates that this rulemaking will
produce an annual benefit of at least $7.5 million in lives saved and
injuries prevented alone.
Additionally, the Coast Guard estimated that these proposed
regulations will produce other unquantified savings. The revised format
of these regulations alone, with the creation of subchapter K, will
make them generally easier to use. EPIRBs will reduce the number of
search and rescue false alarms and reduce search time. Passenger lists
and voyage plans will further reduce Coast Guard search and rescue
resources expended in offshore searches. EPIRBs and inflatable primary
lifesaving equipment will also reduce the number of cold water related
injuries. When considered collectively, the Coast Guard believes these
unquantified benefits, as well as the estimated savings in the
deployment of search and rescue resources will easily produce an
additional benefit of $2 million annually.
Based on an estimated 3 lives saved (liferafts and lifejackets) and
other unquantified benefits, the equivalent of an additional life saved
or one severe injury prevented would be required for the regulation,
taken as a whole, to be fully cost-effective. The Coast Guard has
considered a range of options in structuring this proposed rule, and
has tried to structure the components of this rule in as cost-effective
a way as possible. In some cases, quantifiable benefits may not appear
to fully justify the costs. The Coast Guard will continue to evaluate
how to weigh costs and quantify benefits in making decisions as this
rulemaking progresses. In evaluating the proposed requirements, final
decisions are critically dependent on the treatment of low probability,
high consequence events. To what extent, for example, is there adequate
justification to support a conclusion that fires, occurring in
machinery spaces not otherwise protected by the provisions in this
proposed rule, could lead to the loss of the equivalent of 20 lives
over the 30 year life of this rule? The Coast Guard specifically seeks
comment on such potential costs and benefits.
Fortunately, a United States small passenger vessel carrying a
large number of passengers has not been involved, to date, in a major
casualty resulting in a significant number of injuries or deaths. As
available statistics indicate, the average size of small passenger
vessels is increasing. As the average size increases, the risk of
having a catastrophic casualty also increases. A low probability, high
consequence accident is difficult to predict using casualty statistics.
The historical lack of a small passenger vessel accident resulting in a
large loss of life can not be used as an argument to say that such an
incident will not happen in the future.
The existing regulations do not adequately address the continuing
increase in the number of persons being carried on small passenger
vessels today. This continuing increase emphasizes the need for the
proposed regulations. One casualty involving a small passenger vessel
carrying a large number of passengers, which involves a large fire or
results in passengers entering the water, would dramatically increase
the number of lives saved by equipment and procedures required by the
proposed regulations. The number of lives saved by the proposed
regulations for survival craft alone would be much more than the
estimated average, based on recent casualty data, of two lives per
year.
The proposals for liferafts and inflatable buoyant apparatus are
based on the recognition of the potential for a tragic accident
involving a large number of passengers as well as the number of deaths
which have occurred in the past. Because of the high cost of survival
craft, alternatives to the proposed requirements were extensively
considered. The proposed regulations for survival craft were determined
to be the best balance of number of persons at risk, the threat due to
hypothermia, and cost.
The proposal to require Category 1 satellite EPIRBs on all small
passenger vessels presently required to have EPIRBs, as well as on
vessels on coastwise routes and Great Lakes routes more than three
miles from shore, is based upon: (1) The improved signals that the new
Category 1 satellite EPIRBs transmit; and (2) recognition that many
casualties occur close to shore without an adequate distress signal
being transmitted. The proposed requirements for Category 1 satellite
EPIRBs would improve rescue response by reducing delays and increasing
the accuracy of the signal location. The costs to search and rescue
units would be decreased because such units would have to spend less
time responding and also because of an expected reduction in the number
of false alarms which must be tracked down. False alarms from Category
1 satellite EPIRBs are less likely and easier to trace than from the
presently required Class A or Class C EPIRBs. The benefits of the
proposed requirement for Category 1 satellite EPIRBs are difficult to
quantify.
The proposal that fixed total flooding fire extinguishing systems
be installed in enclosed machinery spaces on all vessels was based upon
the large number of casualties involving machinery space fires and the
relatively inexpensive cost of these systems for most small passenger
vessels. The monetary benefit of such systems due to reduced fire
damage and insurance premiums, which can be quantified, has been
included in the average annual cost. Some insurance industry estimates
indicate that fixed total flooding fire extinguishing systems actually
``pay for themselves'' in three to ten years due to reduced insurance
premiums. However, as comments to the NPRM stated that this would not
be the case for many vessels, these potential benefits were not
included in the analysis.
Smoke detecting systems do result in reduced insurance premiums and
are considered essential for ensuring early detection of a fire, which
leads to more organized and effective firefighting and evacuation
responses. Organized and effective response is of particular concern
for vessels carrying more than 150 passengers because of the large
numbers of people at risk. These vessels would be subject to the
requirements for smoke detecting systems in this SNPRM. The
installation of these detecting systems is also considered necessary in
order to allow reduced structural fire protection. A monetary benefit
from smoke detecting systems due to reduced fire damage can not be
determined. However, a rapid response to one fire detected by smoke
detecting systems aboard a small passenger vessel carrying more than
150 passengers would justify the expense of such systems.
The proposed regulations for passenger and crew lists stem from
requirements in the law. The need for such lists is bolstered by
recommendations from NTSB and Coast Guard casualty reports. The lists
will provide search and rescue personnel with the number and identity
of persons missing in the event of a casualty. Often in such situations
these details are difficult to determine with any degree of certainty
which makes it difficult to determine when to suspend a search. The
monetary benefit of such lists is difficult to estimate but such lists
would reduce the time it takes for search and rescue personnel to
determine how many persons are missing and result in more efficient use
of resources.
A revised draft regulatory assessment has been prepared and placed
in the rulemaking docket. The assessment contains information on the
methodology and data sources used in determining costs and benefits,
details on the costs and benefits of each change, alternatives to
proposed changes, costs for sample small passenger vessels, and a
profile of the small passenger fleet and its casualty history. For
information concerning inspecting and copying the draft assessment,
refer to ``ADDRESSES'' above. Copies may also be received by contacting
the person listed under ``FOR FURTHER INFORMATION CONTACT''.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 through 612),
the Coast Guard must consider whether this rule is likely to have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses which are not dominant in their field and which would
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632).
A large percentage of small passenger vessels are owned or managed
by small entities. In order to reduce the impact of the proposed
regulations on these vessels, alternatives have been proposed which are
intended to reduce the cost. These alternatives include route
restrictions (i.e., less than one mile from shore) and recognition that
a vessel with subdivision is less likely to sink. Further, requirements
for existing vessels to be retrofitted to meet the new standards were
limited to those areas where the greatest benefits may be realized.
The type of vessel for which the regulations would have the
greatest cost impact are vessels on oceans or coastwise routes which
are permitted to carry only a few more passengers than the maximum of
six which may be carried on uninspected vessels. This group of vessels
is primarily composed of sport fishing vessels which carry passengers
on chartered trips. Some of these are only operated on a part time
basis. The owners of vessels operated part time would be affected the
most since such vessels make only a limited number of trips from which
they can recover the cost of the proposed regulations. The number of
vessels in this category is unknown but is estimated to be so small as
to have a negligible effect on the cost of this rulemaking.
The reason that the sport fishing vessels are affected the most by
the regulations is because approximately 80 percent of the cost
increase for a vessel operating on an oceans, coastwise, or Great Lakes
route is due to the proposed requirement for liferafts and inflatable
buoyant apparatus. The per passenger impact of the requirement for
inflatable survival craft increases as the passenger capacity of a
vessel decreases.
This SNPRM will also have an impact on wood hulled vessels of more
than 10 years of age operated on ocean routes. Some operators of wood
hulled vessels in marginal condition may find that they have to alter
the scope of their vessel operation, either by carrying fewer
passengers or by operating on a more restricted route, in order to
remain financially sound. Because these vessels account for the
majority of casualties which result in the total loss of a vessel at
sea, the impact on the industry at large will be reduced by the
continuing decline in the number of wood hulled vessels. In 1987 there
were 1,535 wood hulled vessels, comprising 32 per cent of the fleet. By
1991 this number was reduced to 1,417 and represented only 25 per cent
of the fleet. Wood is being used in only 8 per cent of the new vessels
being constructed.
Based on the discussion above, the Coast Guard has determined that
this proposed rulemaking will not have a significant economic impact on
a substantial number of small entities.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget (OMB) reviews each proposed rule which
contains collection of information requirements 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 proposal contains collection of information requirements in
the following sections of 46 CFR: 115.105(a), 115.202, 115.204,
115.302, 115.306, 115.310, 115.500(a), 115.612, 115.700, 115.704,
115.710, 115.810(b), 115.920(c), 115.930, 116.202, 116.330, 116.340,
116.610(e), 118.610, 119.460(e), 120.220(d), 120.320 (d) and (e),
121.420, 121.506, 122.202, 122.206, 122.208, 122.220, 122.230, 122.260,
122.280, 122.282, 122.304(c), 122.340(c), 122.402, 122.502, 122.504,
122.506, 122.510, 122.514, 122.515, 122.516, 122.518, 122.602, 122.604,
122.606, 122.608, 122.610, 122.612, 122.702, 122.704(c), 176.105(a),
176.202, 176.204, 176.302, 176.306, 176.310, 176.500(a), 176.612,
176.700, 176.704, 176.710, 176.810(b), 176.920(c), 176.930, 177.202,
177.330, 177.340, 178.210, 178.220, 178.230, 181.610, 182.460(e),
182.610(f), 183.220(d), 183.320 (d) and (e), 184.420, 184.506, 185.202,
185.206, 185.208, 185.220, 185.230, 185.260, 185.280, 185.340(c),
185.402, 185.502, 185.504, 185.506, 185.510, 185.514, 185.516, 185.518,
185.602, 185.604, 185.606, 185.608, 185.610, 185.612, 185.702,
185.704(c).
The information collection requirements for the NPRM (all those
above with section numbers between 176 and 185) were submitted to OMB
for review under section 3504(h) of the Paperwork Reduction Act. OMB
approved the information collection requirements, except for 46 CFR
185.502 (Passenger Lists). Since newly proposed subchapter K (section
numbers between 115 and 122 above) would apply only to vessels included
under the requirements of the NPRM, there are no additional information
collection requirements in this SNPRM. For the purposes of this SNPRM
the same control numbers are used in subchapter K for any requirements
that are identical or similar to the ones in subchapter T. The
corresponding control numbers are displayed in proposed Secs. 114.900
and 175.900 of this SNPRM. The Coast Guard has resubmitted the
information collection requirements for Secs. 185.502 and 122.502 to
OMB.
Persons desiring to comment on any of these information collection
requirements should submit their comments both to the OMB and to the
Coast Guard where indicated under ``ADDRESSES''.
Federalism
This proposed rulemaking has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612, and it has
been determined that this proposed rulemaking does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Environmental Impact
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2. of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination statement has been prepared and has been placed in the
rulemaking docket.
List of Subjects
46 CFR Part 114, 175
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 115, 176
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Parts 116, 117, 119, 171, 177, 178, 179, 180, 182
Marine safety, Passenger vessels.
46 CFR Part 118, 181
Fire prevention, Marine safety, Passenger vessels.
46 CFR Part 120, 183
Electric power, Marine safety, Passenger vessels.
46 CFR Part 121, 184
Communications equipment, Marine safety, Navigation (water),
Passenger vessels.
46 CFR Part 122, 185
Alcohol and alcoholic beverages, Drugs, Hazardous materials, Marine
safety, Navigation (water), Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 170
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 173
Marine safety, Vessels.
For the reasons set out in the preamble, the Coast Guard proposes
to amend title 46, Code of Federal Regulations by: redesignating parts
114 through 139 (reserved in subchapter J) as subchapter K; amending
parts 170, 171, and 173 of subchapter S, and by amending subchapter T
as follows.
1. Parts 114 through 139 (reserved in subchapter J) are
redesignated and added as subchapter K to read as follows:
SUBCHAPTER K--SMALL PASSENGER VESSELS CARRYING MORE THAN 150 PASSENGERS
OR WITH OVERNIGHT ACCOMMODATIONS FOR MORE THAN 49 PASSENGERS
PART 114--GENERAL PROVISIONS
Sec.
114.100 Purpose.
114.110 General applicability.
114.112 Specific applicability for individual parts.
114.120 Vessels on an international voyage.
114.122 Load lines.
114.200 Gross tonnage as a criterion for requirements.
114.400 Definitions of terms used in this subchapter.
114.540 Equivalents.
114.550 Special consideration.
114.560 Appeals.
114.600 Incorporation by reference.
114.800 Approved equipment and material.
114.900 OMB control numbers.
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. App. 1804; 49
CFR 1.45, 1.46; Sec. 114.900 also issued under authority of 44
U.S.C. 3507.
Sec. 114.100 Purpose.
The purpose of this subchapter is to implement applicable sections
of subtitle II of title 46, United States Code, which require the
inspection and certification of small passenger vessels.
Sec. 114.110 General applicability.
(a) Except as provided in paragraphs (b) through (f) of this
section, this subchapter applies to each vessel of less than 100 gross
tons and less than 200 feet which:
(1) Carries more than 150 passengers; or
(2) Has overnight accommodations for more than 49 passengers.
(b) A vessel of less than 100 gross tons which either carries not
more than 150 passengers, or has overnight accommodations for not more
than 49 passengers, and which is not more than 200 feet in length, may
comply with the provisions in subchapter T (Small Passenger Vessels) of
this chapter.
(c) A vessel of less than 100 gross tons must comply with parts 72,
75, and 76 of subchapter H (Passenger Vessels) of this chapter, and
with the applicable requirements for marine engineering and electrical
systems contained in subchapter F (Marine Engineering) and subchapter J
(Electrical Engineering) of this chapter if it is:
(1) A vessel which carries more than 600 passengers,
(2) A vessel with overnight accommodations for more than 150
passengers; or
(3) A vessel of more than 200 feet in length which carries more
than six passengers.
(d)(1) Unless otherwise provided, an existing vessel which is not
required to comply with a requirement in this subchapter may comply
with the regulation that was applicable to the vessel on [date of the
day before the effective date of the final rule].
(2) A vessel required by this subchapter to meet applicable
sections of subchapter H shall follow the phase-in schedule for certain
equipment and requirements found in this subchapter.
(e) This subchapter does not apply to:
(1) A vessel operating exclusively on inland waters which are not
navigable waters of the United States;
(2) An oceanographic research vessel;
(3) A boat forming part of a vessel's lifesaving equipment and
which is not used for carrying passengers except in emergencies or
during emergency drills;
(4) A vessel of a foreign country which is a party to the
International Convention for the Safety of Life at Sea, 1974, as
amended (SOLAS), to which the United States Government is currently a
party, and which has on board a current valid SOLAS Passenger Ship
Safety Certificate; or
(5) A vessel of a foreign country, whose government has inspection
laws approximating those of the United States and which by its laws
accords similar privileges to vessels of the United States, which has
on board a current valid certificate of inspection, permitting the
carrying of passengers, issued by its government.
(f) The relationship between this subchapter and other subchapters
pertaining to the inspection and certification of small passenger
vessels (passenger vessels under 100 GT) is provided in the table
below, which shows the breakpoints between subchapters T, K, and H of
this chapter.
Table 114.110(f)
------------------------------------------------------------------------
Subchapter T Subchapter K Subchapter K\1\:
------------------------------------------------------------------------
150 151--600 passengers 601 passengers
passengers
or or or
overnight overnight overnight accommodations
accommodations for accommodations for for 151
49 50--150 passengers passengers
passengers,
and and or
200 feet 200 feet 200 feet
------------------------------------------------------------------------
\1\Vessels in this category are small passenger vessels (passenger
vessels less than 100 GT) but are required to comply with parts 72,
75, and 76 of subchapter H, parts 114, 115, 121, and 122 of subchapter
K, and the applicable requirements of subchapters F and J.
Sec. 114.112 Specific applicability for individual parts.
At the beginning of certain parts of this subchapter, a more
specific application is given for all or particular portions of that
part. This application sets forth the type, size, service, or age of a
vessel to which certain portions of that part apply or particular dates
by which an existing vessel must comply with certain portions of that
part.
Sec. 114.120 Vessels on an international voyage.
A mechanically propelled vessel which carries more than 12
passengers on an international voyage must comply with the applicable
requirements of SOLAS as well as this subchapter.
Sec. 114.122 Load lines.
A vessel of 79 feet in length or more, the keel of which was laid
or which was at a similar stage of construction on or after July 21,
1968, and which is on a voyage other than a domestic voyage is subject
to load line assignment, certification, and marking under subchapter E
(Load Lines) of this chapter.
Sec. 114.400 Definitions of terms used in this subchapter.
(a) Terms used in this subchapter are defined in paragraph (b) of
this section. The number in brackets after certain terms describing
areas on a vessel refers to the applicable column and row number where
that area is listed in Tables 116.415 (b) and (c) of part 116 of this
subchapter.
(b) General terms.
Accommodation space [4] means a space used as a:
(1) Public space;
(2) Hall;
(3) Dining room and messroom;
(4) Lounge or cafe;
(5) Public sales room;
(6) Overnight accommodation space;
(7) Barber shop or beauty parlor;
(8) Office or conference room;
(9) Washroom or toilet space;
(10) Medical treatment room or dispensary; or
(11) Game or hobby room.
Atrium means a continuous deck opening connecting more than two
deck levels that is covered at the top of the series openings and is
used for purposes other than an enclosed stairway, elevator hoistway,
escalator opening or utility trunk used for pipe, cable, or ductwork.
Balcony means a partial deck within an accommodation space open to
the deck below to create two freely communicating levels within the
same space.
Beam or B means the maximum width of a vessel from:
(1) Outside of planking to outside of planking on wooden vessels;
and
(2) Outside of frame to outside of frame on all other vessels.
Bulbous bow means a design of bow in which the forward underwater
frames ahead of the forward perpendicular are swelled out at the
forefoot into a bulbous formation.
Bulkhead deck means the uppermost deck to which watertight
bulkheads and the watertight shell extend.
Cable means single or multiple insulated conductors with an outer
protective jacket.
Cargo space [8] means a:
(1) Cargo hold;
(2) Refrigerated cargo space; or
(3) A trunk leading to or from a space listed above.
Char length means the numeric value in inches assigned to a
material when tested in accordance with NFPA 261 by an independent
laboratory.
Coast Guard District Commander or District Commander means an
officer of the Coast Guard designated as such by the Commandant to
command Coast Guard activities within a district.
Coastwise means a route which is not more than 20 nautical miles
offshore on any of the following waters:
(1) Any ocean;
(2) The Gulf of Mexico;
(3) The Caribbean Sea;
(4) The Bering Sea;
(5) The Gulf of Alaska; or
(6) Such other similar waters as may be designated by a Coast Guard
District Commander.
Cockpit vessel means a vessel with an exposed recess in the weather
deck extending not more than one-half of the length of the vessel
measured over the weather deck.
Commandant means the Commandant of the Coast Guard or an authorized
Headquarters staff officer designated in Sec. 1.01 of this chapter.
Continuous B-Class ceiling means an approved structural ceiling
composed of B-Class panels that terminates only at an approved A-Class
or B-Class bulkhead.
Control space [1] means a space containing:
(1) An emergency source of power, excluding generators;
(2) Navigating and radio equipment and which is normally manned;
(3) Centralized fire control or detection equipment, such as fixed
extinguishing system controls; or
(4) Machinery controls not located within a machinery space.
Corrosion-resistant material or corrosion-resistant means made of
one of the following materials in a grade suitable for its intended use
in a marine environment:
(1) Silver;
(2) Copper;
(3) Brass;
(4) Bronze;
(5) Aluminum alloys with a copper content of no more than 0.4
percent;
(6) Copper-nickel;
(7) Plastics;
(8) Stainless steel;
(9) Nickel-copper; or
(10) A material, which when tested in accordance with ASTM B-117
for 200 hours, does not show pitting, cracking, or other deterioration.
Crew accommodation space means an accommodation space designated
for the use of crew members and which passengers are normally not
allowed to occupy.
Critical radiant flux means the numeric value assigned to a
material when tested in accordance with ASTM E-648 by an independent
laboratory.
Custom engineered means, when referring to a fixed gas fire
extinguishing system, a system that is designed for a specific space
requiring individual calculations for the extinguishing agent volume,
flow rate, piping, and similar factors.
Distribution panel means an electrical panel which receives energy
from the switchboard and distributes the energy to energy consuming
devices or other panels.
Draft means the vertical distance from the molded baseline of a
vessel amidships to the waterline.
Dripproof means enclosed equipment so constructed or protected that
falling drops of liquid or solid particles striking the enclosure at
any angle from 0 to 15 degrees downward from the vertical do not
interfere with the operation of the equipment. A National Electrical
Manufacturers Association type 1 enclosure with a dripshield is
considered to be dripproof.
Dynamically supported craft means a craft which is operable on or
above the water and which has characteristics so different from those
of conventional displacement ships to which the existing international
conventions apply, particularly SOLAS, that alternative measures should
be used to achieve an equivalent level of safety. Within the
aforementioned generality, a craft which complies with either of the
following characteristics would be considered a dynamically supported
craft:
(1) The weight, or a significant part thereof, is balanced in one
mode of operation by other than hydrostatic forces.
(2) The craft is able to operate at speeds such that the function
v/[gL is equal to or greater than 0.9, where ``v'' is the maximum
speed, ``L'' is the waterline length and ``g'' is the acceleration due
to gravity, all in consistent units.
Embarkation deck means;
(1) The deck from which davit launched survival craft are designed
to be boarded; or
(2) If no davit launched survival craft are carried aboard the
vessel, the main deck or lowest deck available for embarking or
debarking passengers.
Embarkation station [9] means the place on the vessel from which a
survival craft is boarded.
Enclosed space means a compartment that is not exposed to the
atmosphere when all access and ventilation closures are secured.
Existing vessel means a vessel which is not a new vessel.
Exposed waters is a term used in connection with stability criteria
and means:
(1) Waters, except the Great Lakes, more than 20 nautical miles
from a harbor of safe refuge;
(2) Those portions of the Great Lakes more than 20 nautical miles
from a harbor of safe refuge from October 1 of one year through April
15 of the next year (winter season); and
(3) Those waters less than 20 nautical miles from a harbor of safe
refuge which the cognizant Officer in Charge, Marine Inspection,
determines are not partially protected waters or protected waters
because they present special hazards due to weather or other
circumstances.
Ferry means a vessel that:
(1) Operates in other than ocean or coastwise service;
(2) Has provisions only for deck passengers or vehicles, or both;
(3) Operates on a short run on a frequent schedule between two
points over the most direct water route; and
(4) Offers a public service of a type normally attributed to a
bridge or tunnel.
Fiber reinforced plastic means plastics reinforced with fibers or
strands of some other material.
Fire control boundary means a deck or bulkhead meeting the
requirements for A-Class, B-Class, or C-Class construction in
accordance with Sec. 116.415 of this subchapter.
Fire load means a measure in pounds per square foot equaling the
weight of all combustible material which is in a compartment and
comprises its construction, as defined in Sec. 116.427(b) of this
subchapter, divided by the floor area of that compartment. The pounds
of combustible material is the wood equivalent weight.
Flame spread means the numeric value assigned to a material when
tested in accordance with ASTM E-84 or UL 723 by an independent
laboratory.
Flash point means the temperature at which a liquid gives off a
flammable vapor when heated using the Pensky-Martens Closed Cup Tester
method in accordance with ASTM D-93.
Float-free launching or arrangement means that method of launching
a survival craft whereby the survival craft is automatically released
from a sinking vessel and is ready for use.
Flush deck vessel means a vessel with a continuous weather deck
located at the uppermost sheer line of the hull.
Freeing port means any direct opening through the vessel's bulwark
or hull to quickly drain overboard water which has been shipped on
exposed decks.
Galley means a space containing appliances with cooking surfaces
which may exceed 250 deg. F, such as ovens, griddles, and deep fat
fryers.
Great Lakes means a route on the waters of any of the Great Lakes.
Gross tonnage and gross tons is an indicator of a vessel's
approximate volume as determined in accordance with part 69
(Measurement of Vessels) of this chapter and recorded on the vessel's
Certificate of Admeasurement.
Harbor of safe refuge means a port, inlet, or other body of water
normally sheltered from heavy seas by land and in which a vessel can
navigate and safely moor. The cognizant Officer in Charge, Marine
Inspection, shall determine the suitability of a location as a harbor
of safe refuge. The suitability will vary for each vessel, depending on
the vessel's size, maneuverability, and mooring gear.
Hardwood means any wood with a specific gravity, oven dry volume,
of not less than 0.66.
High risk service space [5] means a space used as a:
(1) Motion picture projection room;
(2) Galley;
(3) Large laundry or drying room;
(4) Garbage or trash disposal storage area;
(5) Paint or lamp locker;
(6) Cleaning gear locker or small storeroom in an accommodation
area; or
(7) Mail or baggage room.
High seas means all waters which are neither territorial seas (the
waters in a belt 3 nautical miles wide, that is adjacent to the coast
and seaward of the territorial sea baseline) nor internal waters of the
United States or of any foreign country.
Independent laboratory means a laboratory accepted under
Sec. 159.010 of this chapter.
Inflatable survival craft or lifejacket means one which depends
upon nonrigid, gas filled chambers for buoyancy, and which is normally
kept uninflated until ready for use.
Interior finish means any coating, overlay or veneer which is
applied to interior surfaces such as bulkheads, linings, or suspended
ceilings for decorative or other purposes. It includes not only the
visible finish, but also all material used in its composition and
application. In general, a paint is not considered an interior finish.
International voyage means a voyage between a country to which
SOLAS applies and a port outside that country.
A country, as used in this definition, includes every territory for
the international relations of which a contracting government to the
convention is responsible or for which the United Nations is the
administering authority. For the U.S., the term ``territory'' includes
the Commonwealth of Puerto Rico, all possessions of the United States,
and all lands held by the United States under a protectorate or
mandate. For the purposes of this subchapter, vessels are not
considered as being on an ``international voyage'' when solely
navigating the Great Lakes and the St. Lawrence River as far east as a
straight line drawn from Cap des Rosiers to West Point, Anticosti
Island and, on the north side of Anticosti Island, the 63rd meridian.
Lakes, bays, and sounds means a route on any of the following
waters:
(1) A lake other than the Great Lakes;
(2) A bay;
(3) A sound; or
(4) Such other similar waters as may be designated by a Coast Guard
District Commander.
Launching appliance means a device for transferring a survival
craft or rescue boat from its stowed position safely to the water. For
a launching appliance using a davit, the term includes the davit, winch
and falls.
Length when used in terms of the vessel's length, means:
(1) The length listed on the vessel's Certificate of Documentation
issued under the provisions of part 67 (Documentation of Vessels) of
this chapter or Certificate of Number issued under the provisions of 33
CFR part 173, subpart B (Numbering); or
(2) For a vessel which does not have a Certificate of Documentation
or a Certificate of Number, the ``registered length'' as defined in
Sec. 69.53 of this chapter or, for a vessel which is less than 79 feet
in overall length and is measured using simplified admeasurement, the
registered length as defined in Sec. 69.203 of this chapter; or
(3) For the purposes of part 179 of this subchapter, the ``length''
of a vessel with a bulbous bow means the larger of the length as
defined in paragraph (1) of this definition or the straight line
horizontal measurement from the forwardmost tip of the bulbous bow to
the aftermost part of the vessel measured parallel to the center line.
Bow sprits, bumpkins, rudders, outboard motor brackets, handles,
and other similar fittings, attachments, and extensions are not
included in the ``length'' of a vessel.
Length between perpendiculars or (LBP) means the horizontal
distance measured between perpendiculars taken at the forwardmost and
aftermost points on the waterline corresponding to the deepest
operating draft.
Lining means a bulkhead panel.
Low risk service space (6) means a space used as a:
(1) Small pantry with only a microwave or other low heat appliance;
(2) Main pantry or storeroom including connecting alleyways and
stairs;
(3) Small laundry or drying room containing only a tub, washing
machine, and/or household type electric dryer; or
(4) Workshop which is not part of a machinery space;
Machinery space (7) means a space including a trunk, alleyway,
stairway, or duct to such a space, that contains:
(1) Propulsion machinery of any type;
(2) Steam or internal combustion machinery;
(3) Oil transfer equipment;
(4) Electrical motors of more than 10 hp;
(5) Refrigeration equipment;
(6) One or more oil-fired boilers or heaters; or
(7) Electrical generating machinery.
Main horizontal zone means a vehicle space which is separated from
the remainder of the vessel by horizontal fire control boundaries
required by the structural fire protection requirements of this
subchapter.
Main transverse watertight bulkhead means a transverse bulkhead
that must be maintained watertight in order for the vessel to meet the
damage stability and subdivision requirements of this subchapter.
Main vertical zone means that section of a vessel into which the
hull, superstructure, and deckhouse are required to be divided by
vertical fire control boundaries required by the structural fire
protection requirements of this subchapter.
Major conversion means a conversion of a vessel that, as determined
by the Commandant:
(1) Alters the dimensions of the vessel including but not limited
to gross tonnage, length, breath, or height;
(2) Alters the design or arrangement so that the vessel is capable
of carrying more passengers than it was originally built to carry;
(3) Alters the design or scantlings of a vessel so that it is
suitable for operation on a route of greater severity than the route
for which it was originally built; or
(4) Adds or modifies overnight accommodation spaces for passengers
so that the total number of passengers that can be accommodated in such
spaces changes from not more than 49 to more than 49.
Marine inspector or inspector means any civilian employee or
military member of the Coast Guard assigned by an Officer in Charge,
Marine Inspection, or the Commandant to perform duties with respect to
the inspection, enforcement, and administration of vessel safety and
navigation laws and regulations.
Master means the individual having command of the vessel and who is
the holder of a valid license which authorizes the individual to serve
as master of a small passenger vessel.
Means of escape means a continuous and unobstructed way of exit
travel from any point in a vessel to an embarkation station. It
consists of three distinct components:
(1) The exit access;
(2) The exit; and
(3) The exit discharge.
A means of escape can be both vertical and horizontal, and includes
doorways, passageways, stairtowers, stairways, and public spaces. High
risk service spaces, low risk service spaces, cargo spaces, machinery
spaces, control spaces, rest rooms, barber shops, sales rooms,
hazardous areas, escalators, and elevators must not be any part of a
means of escape.
New vessel means a vessel:
(1) The initial construction of which began on or after (effective
date of the final rule);
(2) Which was issued an initial Certificate of Inspection on or
after (six months after effective date of the final rule);
(3) Which underwent a major conversion which was initiated on or
after (effective date of the final rule); or
(4) Which underwent a major conversion which was completed and for
which an amended Certificate of Inspection was issued on or after (six
months after effective date of the final rule).
Noncombustible material means any material approved under
Sec. 164.009 of this chapter.
Non-self-propelled vessel means a vessel which does not have
installed means of propulsion, including propulsive machinery, masts,
spars, or sails.
Oceans means a route which is more than 20 nautical miles offshore
on any of the following waters:
(1) Any ocean;
(2) The Gulf of Mexico;
(3) The Caribbean Sea;
(4) The Bering Sea;
(5) The Gulf of Alaska; or,
(6) Such other similar waters as may be designated by a Coast Guard
District Commander.
Officer In Charge, Marine Inspection, or OCMI means an officer of
the Coast Guard designated as such by the Commandant and who, under the
direction of the Coast Guard District Commander, is in charge of a
marine inspection zone, described in part 1 of this chapter, for the
performance of duties with respect to the inspections, enforcement, and
administration of vessel safety and navigation laws and regulations.
The cognizant OCMI is the OCMI that has immediate jurisdiction over a
vessel for the purpose of performing the duties previously described.
Open boat means a vessel not protected from entry of water by means
of a complete weathertight deck, or by a combination of a partial
weathertight deck and superstructure which is structurally suitable for
the waters upon which the vessel operates.
Open deck (9) means a deck that is permanently open to the weather
on one or more sides and, if covered, any spot on the overhead is less
than 15 feet from the nearest opening to the weather.
Open to the atmosphere means a compartment that has at least 15
square inches of open area directly exposed to the atmosphere for each
cubic foot of net compartment volume.
Operating station means the principal steering station on the
vessel from which the individual on duty normally navigates the vessel.
Overnight accommodations or overnight accommodation space means an
accommodation space for use by passengers or by crew members, which has
one or more berths, including beds or bunks, for passengers or crew
members to rest for extended periods. Staterooms, cabins, and berthing
areas are normally overnight accommodation spaces. Overnight
accommodations do not include spaces which contain only seats,
including reclining seats.
Partially enclosed space means a compartment that is neither open
to the atmosphere nor an enclosed space.
Partially protected waters is a term used in connection with
stability criteria and means:
(1) Waters not more than 20 nautical miles from a harbor of safe
refuge, unless determined by the cognizant OCMI to be exposed waters;
(2) Those portions of rivers, estuaries, harbors, lakes, and
similar waters which the cognizant OCMI determines not to be protected
waters; and
(3) Waters of the Great Lakes from April 16 through September 30 of
the same year (summer season).
Passenger means an individual carried on a vessel except:
(1) The owner or representative of the owner;
(2) The master or a crewmember engaged in the business of the
vessel who has not contributed consideration for carriage and who is
paid for services;
(3) An employee of the owner of the vessel engaged in the business
of the owner, except when the vessel is operating under a demise
charter;
(4) An employee of the demise charterer of the vessel engaged in
the business of the demise charterer;
(5) A guest on board a vessel being operated only for pleasure who
has not contributed consideration for carriage on board; or
(6) An individual on board a towing vessel of at least 50 gross
tons who has not contributed consideration for carriage on board.
Passenger accommodation space means an accommodation space
designated for the use of passengers.
Pilothouse control means that controls to start and stop the
engines and control the direction and speed of the propeller of the
vessel are located at the operating station.
Piping system includes piping, fittings, and appurtenances as
described in 46 CFR 56.07-5.
Protected waters is a term used in connection with stability
criteria and means sheltered waters presenting no special hazards such
as most rivers, harbors, and lakes, and which is not determined to be
exposed waters or partially protected waters by the OCMI.
Pre-engineered means, when referring to a fixed gas fire
extinguishing system, a system that is designed and tested to be
suitable for installation without modification, as a complete unit in a
space of a set volume, regardless of the specific design of the vessel
on which it is installed.
Rivers means a route on any of the following waters: (1) A river;
(2) A canal; or (3) Such other similar waters as may be designated by a
Coast Guard District Commander.
Sailing vessel means a vessel principally equipped for propulsion
by sail even if the vessel has an auxiliary means of propulsion.
Scupper means a pipe or tube of at least 1.25 inches in diameter
leading down from a deck or sole and through the hull to drain water
overboard.
Self-bailing cockpit means a cockpit, with watertight sides and
floor (sole), which is designed to free itself of water by gravity
drainage through scuppers.
Service space means a high risk service space or a low risk service
space.
Ship's service loads means services necessary for maintaining the
vessel in normal operational and habitable conditions. These loads
include, but are not limited to, safety, lighting, ventilation,
navigational, and communications loads.
Short international voyage means an international voyage where: (1)
The vessel is not more than 200 nautical miles from a port or place in
which the passengers and crew could be placed in safety; and
(2) The total distance between the last port of call in the country
in which the voyage began and the final port of destination does not
exceed 600 nautical miles.
Smoke developed rating means the numeric value assigned to a
material when tested in accordance with ASTM E-84 or UL 723 by an
independent laboratory.
Specific optical density means the numeric value assigned to a
material when tested in accordance with ASTM E-662 by an independent
laboratory.
Stairtower (3) means a fully enclosed group of stairways located
one above another.
Stairway (3) means an inclined means of escape between two decks.
Standard fire test means a test in which a specimen is exposed in a
test furnace to temperatures corresponding to the standard time-
temperature curve. The specimen must resemble, as closely as possible,
the intended construction and include, where appropriate, at least one
joint. The standard time-temperature curve is defined by a smooth curve
drawn through the following points, starting at ambient temperature:
(1) At the end of 5 minutes--556 deg.C (1,033 deg.F);
(2) At the end of 10 minutes--659 deg.C (1,218 deg.F);
(3) At the end of 15 minutes--718 deg.C (1,324 deg.F);
(4) At the end of 30 minutes--821 deg.C (1,509 deg.F); and
(5) At the end of 60 minutes--925 deg.C (1,697 deg.F).
Steel or equivalent material means steel or any noncombustible
material which, by itself or due to insulation provided, has structural
and integrity properties equivalent to steel at the end of the standard
fire test.
Stepped main vertical zone means a main vertical zone in which the
main vertical zone bulkhead is not in a continuous plane on adjoining
decks.
Survival craft means a lifeboat, rigid liferaft, inflatable
liferaft, life float, inflatable buoyant apparatus, buoyant apparatus,
or a small boat carried aboard a vessel in accordance with
Sec. 117.200(b) of this subchapter.
Switchboard means an electrical panel which receives power from a
generator, battery, or other electrical power source and distributes
power directly or indirectly to all equipment supplied by the
generating plant.
Trunk means a vertical shaft or duct for the passage of pipes,
wires, or other devices.
Vehicle space (8) means a space not on an open deck, for the
carriage of motor vehicles with fuel in their tanks, into and from
which such vehicles can be driven and to which passengers have access.
Veneer means a thin covering of combustible material on bulkheads,
bulkhead panels, or furniture.
Vessel includes every description of watercraft or other artificial
contrivance, used or capable of being used as a means of transportation
on water.
Vessel of the United States means a vessel documented or numbered
under the laws of the United States, the States of the United States,
Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of
Columbia, the Northern Mariana Islands, and any other territory or
possession of the United States.
Watertight means designed and constructed to withstand a static
head of water without any leakage, except that ``watertight'' for the
purposes of electrical equipment means enclosed so that water does not
enter the equipment when a stream of water from a hose with a nozzle
one inch in diameter that delivers at least 65 gallons per minute is
played on the enclosure from any direction from a distance of ten feet
for five minutes.
Weather deck means a deck which is partially or completely exposed
to the weather from above or from at least two sides.
Weathertight means that water will not penetrate in any sea
condition, except that ``weathertight equipment'' means equipment
constructed or protected so that exposure to a beating rain will not
result in the entrance of water.
Well deck vessel means a vessel with a weather deck fitted with
solid bulwarks that impede the drainage of water over the sides or a
vessel with an exposed recess in the weather deck extending more than
one-half of the length of the vessel measured over the weather deck.
Wire means an individual insulated conductor without an outer
protective jacket.
Work space means a space, not normally occupied by a passenger, in
which a crew member performs work and includes, but is not limited to,
a galley, operating station, or machinery space.
Sec. 114.540 Equivalents.
(a) The Commandant may accept in substitution for a required
arrangement, fitting, appliance, apparatus, equipment, calculation,
information, or test an equivalent that is as effective as that
required by the regulations and is consistent with the intent of the
requirements and the minimum safety standards specified in this
subchapter. Requests for equivalents must be submitted to the
Commandant via the cognizant OCMI. If necessary, the Commandant may
require engineering evaluations and tests to demonstrate the
equivalence of the substitute.
(b) The Commandant may accept compliance by a dynamically supported
craft with the provisions of the IMO ``Code of Safety for Dynamically
Supported Craft'' as an equivalent to compliance with applicable
requirements of this subchapter. Requests for equivalents must be
submitted to the Commandant via the cognizant OCMI.
(c) The Commandant may approve a novel lifesaving appliance or
arrangement as an equivalent if it has performance characteristics at
least equivalent to the appliance or arrangement required under this
part, and:
(1) Is evaluated and tested under IMO Resolution A.520(13), ``Code
of Practice for the Evaluation, Testing and Acceptance of Prototype
Novel Lifesaving Appliances and Arrangements''; or
(2) Has successfully undergone evaluation and tests that are
substantially equivalent to those recommendations.
Sec. 114.550 Special consideration.
In applying the provisions of this subchapter, the OCMI may give
special consideration to authorizing departures from the specific
requirements when unusual circumstances or arrangements warrant such
departures and an equivalent level of safety is provided. The OCMI of
each marine inspection zone in which a vessel operates must approve any
special consideration granted to the vessel.
Sec. 114.560 Appeals.
Any person directly affected by a decision or action taken under
this subchapter, by or on behalf of the Coast Guard, may appeal
therefrom in accordance with part 1, subpart 1.03 of this chapter.
Sec. 114.600 Incorporation by reference.
(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in paragraph (b) of this section, the
Coast Guard must publish a notice of change in the Federal Register and
make the material available to the public. All approved material is on
file at the Office of the Federal Register, 800 N. Capitol Street NW.,
Suite 700, Washington, DC, and at the U.S. Coast Guard, Merchant Vessel
Inspection Division (G-MVI), 2100 Second Street SW., Washington, DC
20593-0001 and is available from the sources indicated in paragraph (b)
of this section.
(b) The material approved for incorporation by reference in this
subchapter and the sections affected are:
American Bureau of Shipping (ABS), P.O. Box 910, 45 Eisenhower Dr.,
Paramus, NJ 07652
Rules for Building and Classing Aluminum Vessels, 1975, 116.300
Rules for Building and Classing Steel Vessels, 1993, 119.410;
120.360
Rules for Building and Classing Steel Vessels Under 61 Meters (200
Feet) in Length, 1983, 116.300
Rules for Building and Classing Steel Vessels for Service on Rivers
and Intracoastal Waterways, 1980, 116.300
American Boat and Yacht Council (ABYC), 3069 Solomon's Island Road,
Edgewater, MD 21037
A-1-90--Marine LPG--Liquified Petroleum Gas Systems, 121.240
A-3-70--Recommended Practices and Standards Covering Galley Stoves,
121.200
A-7-70--Recommended Practices and Standards Covering Boat Heating
Systems, 121.200
A-22-78--Marine CNG--Compressed Natural Gas Systems, 121.240
H-25-86--Portable Fuel Systems for Flammable Liquids, 119.458
P-1-86--Installation of Exhaust Systems for Propulsion and Auxiliary
Engines, 116.405; 119.425; 119.430
American National Standards Institute (ANSI), United Engineering
Center, 345 East 47th St., New York, NY 10017
A 17.1-1984--American Standard Safety Code for Elevators,
Dumbwaiters, Escalators, and Moving Walks, 120.540
B 31.1--1986--American National Standard Code for Pressure Piping,
Power Piping, 119.710
Z 26.1-1983--Safety Glazing Materials For Glazing Motor Vehicles
Operating on Land Highways, 116.1030
Amerian Society for Testing and Materials (ASTM), 1916 Race St.,
Philadelphia, PA 19103
B-117-79--Method of Salt Spray (Fog) Testing, 114.400
D-93-80--Flash Point By Pensky-Martens Closed Cup Tester, 114.400
D-635-81--Standard Test Method for Rate of Burning and/or Extent and
Time of Burning of Self-supporting Plastics in a Horizontal
Position, 119.440
D-2863-77--Standard Test Method for Measuring the Minimum Oxygen
Concentration to Support Candle-like Combustion of Plastics (Oxygen
Index), 119.440
E-84-81--Test for Surface Burning Characteristics of Building
Materials, 114.400; 116.422; 116.423; 116.425
E-648-78--Test for Critical Radiant Flux of Floor Covering Systems
Using a Radiant Heat Energy Source, 114.400; 116.425
E-662-79--Test for Specific Optical Density of Smoke Generated by
Solid Materials, 114.400; 116.425
F-(Reserved for standard on pyrotechnic lockers under development by
ASTM), 117.68
Australian Transport Advisory Council, Australian Government Publishing
Service, Canberra, Australia
Australia Shipping Law Code Section 5, Sub-section J, as amended to
August 1, 1984, 116.300
Institute of Electrical and Electronics Engineers, Inc. (IEEE), IEEE
Service Center, 445 Hoes Lane, Piscataway, NJ. 08854
Standard 45-1983--Recommended Practice for Electrical Installations
on Shipboard, 120.340
International Maritime Organization (IMO), IMO Sales, New York Nautical
Instrument and Service Corp., 40 W. Broadway, NY, NY 10013
Code of Safety for Dynamically Supported Craft, 1987, 114.540
Code of Practice for the Evaluation, Testing and Acceptance of
Prototype Novel Lifesaving Appliances and Arrangements--IMO
Resolution A.520(13), 114.540(c)
Resolution on the Installation of Reflective Tape on Lifesaving
Equipment, Resolution A.658(16), 122.604
National Fire Protection Association (NFPA), 1 Batterymarch Park,
Quincy, MA 02269-9101
10-1988--Portable Fire Extinguishers, 115.810
17-1985--Dry Chemical Extinguishing Systems, 118.425
17A-1986--Wet Chemical Extinguishing Systems, 118.425
70-1987--National Electrical Code (NEC)
Section 250 95, 120.370
Section 310-13, 120.340
Section 310-15, 120.340
Article 430, 120.320
Article 445, 120.320
261-1989--Method of Test For Determining Resistance of Mock-up
Upholstered Furniture Material Assemblies to ignition by Smoldering
Cigarettes, 114.400; 116.423
302-1989--Pleasure and Commercial Motor Craft, Chapter 6, 121.200;
121.240
306-1988--Control of Gas Hazards on Vessels, 115.710
701-1977--Methods of Fire Tests For Flame-Resistant Textiles and RM
Films, 116.423
1963-1985--Screw Threads and Gaskets for Fire Hose Connections,
118.320
Society of Automotive Engineers (SAE), 400 Commonwealth Drive,
Warrendale, PA 15096-0001
SAE J-1928--Devices Providing Backfire Flame Control for Gasoline
Engines in Marine Applications, August 1989, 119.415
Underwriters Laboratories Inc. (UL), 12 Laboratory Drive, Research
Triangle Park, NC 27709
UL 19-1978--Woven Jacketed, Rubber Lined Fire Hose, 118.320
UL 57-1980--Electric Lighting Fixtures, 120.410
UL 174-1983--Standard for Household Electric Stowage Tank Water
Heaters, 119.320
UL 217-1985--Standard for Single and Multiple Station Smoke
Detectors, 118.450
UL 486A-1978--Electric Wire Connectors and Soldering Lugs for Use
With Copper Conductors, 120.340
UL 489-1986--Molded--Case Circuit Breakers and Circuit Breaker
Enclosures, 120.380
UL 595-1980--Marine Type Electric Lighting Fixtures, 120.410
UL 710-1984--Grease Extractors for Exhaust Ducts, 118.425
UL 723-1983--Test for Surface Burning Characteristics of Building
Materials, 114.400; 116.422; 116.423; 116.425
UL 1058-1984--Halogenated Agent Fire Extinguishing System Units,
118.410(g)
UL 1102-1980--Non-integral Marine Fuel Tanks, 119.440
UL 1110-1976--Marine Combustible Gas Indicators, 119.480
UL 1111-1988--Marine Carburetor Flame Arrestors, 119.415
UL 1453-1982--Electric Booster and Commercial Storage Tank Water
Heaters, 119.320
UL 1570-1988--Fluorescent Lighting Fixtures, 120.410
UL 1571-1984--Incandescent Lighting Fixtures, 120.410
UL 1572-1984--High Intensity Discharge Lighting Fixtures, 120.410
UL 1573-1985--Stage and Studio Lighting Units, 120.410
UL 1574-1987--Track Lighting Systems, 120.410
Sec. 114.800 Approved equipment and material.
(a) Equipment and material that is required by this subchapter to
be approved or of an approved type, must have been manufactured and
approved in accordance with the design and testing requirements in
subchapter Q (Equipment, Construction, and Materials: Specifications
and Approval) of this chapter or as otherwise specified by the
Commandant.
(b) Notice regarding equipment approvals is published in the
Federal Register. Coast Guard publication COMDTINST M16714.3,
``Equipment Lists, Items Approved, Certificated or Accepted under
Marine Inspection and Navigation Laws'', lists approved equipment by
type and manufacturer. COMDTINST M16714.3 may be obtained from the
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402.
Sec. 114.900 OMB control numbers.
(a) Purpose. This section lists the control numbers assigned to
information collection and record keeping requirements in this
subchapter by the Office of Management and Budget (OMB) pursuant to the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et. seq.). The Coast
Guard intends that this section comply with the requirements of 44
U.S.C. 3507(f) which requires that agencies display a current control
number assigned by the Director of OMB for each approved agency
information collection requirement.
(b) Display.
------------------------------------------------------------------------
46 CFR section where identified Current OMB described control No.
------------------------------------------------------------------------
115.105(a)......................... 2115-0578.
115.202............................ 2115-0578.
115.204............................ 2115-0578.
115.302............................ 2115-0578.
115.306............................ 2115-0578.
115.310............................ 2115-0578.
115.500(a)......................... 2115-0578.
115.612............................ 2115-0578.
115.700............................ 2115-0578.
115.704............................ 2115-0578.
115.710............................ 2115-0578.
115.810(b)......................... 2115-0578.
115.920(c)......................... 2115-0578.
115.930............................ 2115-0578.
116.202............................ 2115-0578.
116.330............................ 2115-0578.
116.340............................ 2115-0578.
116.520............................ Will be displayed when assigned by
OMB.
116.530............................ Will be displayed when assigned by
OMB.
116.610(f)......................... 2115-0578.
120.220(d)......................... 2115-0578.
120.320(d) and (e)................. 2115-0578.
121.420............................ 2115-0578.
121.506............................ 2115-0578.
122.202............................ 2115-0003.
122.206............................ 2115-0003.
122.208............................ 2115-0578.
122.220............................ 2115-0578.
122.230............................ 2115-0578.
122.260............................ 2115-0578.
122.280............................ 2115-0578.
122.282............................ 2115-0578.
122.315............................ 2115-0589.
122.335............................ 2115-0589.
122.304(c)......................... 2115-0578.
122.340(c)......................... 2115-0578.
122.402............................ 2115-0578.
122.502............................ Will be displayed when assigned by
OMB.
122.504............................ 2115-0578.
122.506............................ 2115-0578.
122.510............................ 2115-0578.
122.514............................ 2115-0578.
122.515............................ 2115-0578.
122.516............................ 2115-0578.
122.518............................ 2115-0578.
122.602............................ 2115-0578.
122.604............................ 2115-0578.
122.606............................ 2115-0578.
122.608............................ 2115-0578.
122.610............................ 2115-0578.
122.612............................ 2115-0578.
122.70............................. 2115-0578.
122.704(c)......................... 2115-0578.
------------------------------------------------------------------------
PART 115--INSPECTION AND CERTIFICATION
Subpart A--Certificate of Inspection
Sec.
115.100 When required.
115.103 Description.
115.105 How to obtain or renew.
115.107 Period of validity.
115.110 Routes permitted.
115.112 Total persons permitted.
115.113 Passengers permitted.
115.114 Alternative requirements for a vessel carrying six or less
passengers.
115.120 Certificate of Inspection amendment.
Subpart B--Special Permits and Certificates
115.202 Permit to proceed.
115.204 Permit to carry excursion party.
Subpart C--Posting of certificates, permits, and stability letters
115.302 Certificates and permits.
115.306 Stability letter.
115.310 Certification expiration date stickers.
Subpart D--Inspection for Certification
115.400 General.
115.402 Initial inspection for certification.
115.404 Subsequent inspections for certification.
Subpart E--Reinspection
115.500 When required.
115.502 Scope.
Subpart F--Hull and Tailshaft Examinations
115.600 Drydock and internal structural examination intervals.
115.610 Scope of drydock and internal structural examinations.
115.612 Notice and plans required.
115.630 Tailshaft examinations.
115.670 Extension of examination intervals.
Subpart G--Repairs and Alterations
115.700 Permission for repairs and alterations.
115.702 Installation tests and inspections.
115.704 Breaking of safety valve seals.
115.710 Inspection and testing for gas hazards.
Subpart H--Material Inspections
115.800 Inspection standards.
115.801 Notice of inspection deficiencies and requirements.
115.802 Hull.
115.804 Machinery.
115.806 Electrical.
115.808 Lifesaving.
115.810 Fire protection.
115.812 Pressure vessels and boilers.
115.814 Steering systems.
115.816 Miscellaneous systems and equipment.
115.818 Sanitary inspection.
115.830 Unsafe practices.
115.840 Additional tests and inspections.
Subpart I--International Convention for Safety of Life at Sea, 1974, as
Amended (SOLAS)
115.900 Applicability.
115.920 Exemptions.
115.930 Equivalents.
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306; 49 U.S.C.
App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 743;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Subpart A--Certificate of Inspection
Sec. 115.100 When required.
(a) A vessel to which this subchapter applies may not be operated
without having on board a valid U.S. Coast Guard Certificate of
Inspection.
(b) Except as provided in Sec. 115.114, each vessel inspected and
certificated under the provisions of this subchapter must, when any
passengers are aboard during the tenure of the certificate, be in full
compliance with the terms of the certificate.
(c) If necessary to prevent delay of the vessel, a temporary
Certificate of Inspection may be issued pending the issuance and
delivery of the regular Certificate of Inspection. The temporary
certificate must be carried in the same manner as the regular
certificate and is considered the same as the regular Certificate of
Inspection which it represents.
(d) A vessel on a foreign voyage between a port in the United
States and a port in a foreign country, whose Certificate of Inspection
expires during the voyage, may lawfully complete the voyage without a
valid Certificate of Inspection provided the voyage is completed within
30 days of expiration and the certificate did not expire within 15 days
of sailing on the foreign voyage from a U.S. port.
Sec. 115.103 Description.
The Certificate of Inspection issued to a vessel describes the
vessel, the route(s) which it may travel, the minimum manning
requirements, the survival and rescue craft carried, the minimum fire
extinguishing equipment and lifejackets required to be carried, the
maximum number of passengers and total persons which may be carried,
the number of passengers the vessel may carry in overnight
accommodation spaces, the name of the owner and managing operator, any
equivalencies accepted or authorized by the Commandant or any OCMI
under Sec. 114.540 or Sec. 114.550, and such other conditions of
operations as may be determined by the cognizant OCMI.
Sec. 115.105 How to obtain or renew.
(a) A Certificate of Inspection is obtained or renewed by making
application for an initial or periodic inspection on Form CG 3752,
Application for Inspection of U.S. Vessel, to the Coast Guard OCMI of
the marine inspection zone in which the inspection is to be made. Form
CG-3752 may be obtained at any U.S. Coast Guard Marine Safety Office or
Marine Inspection Office.
(b) The application for initial inspection of a vessel being newly
constructed or converted must be submitted prior to the start of the
construction or conversion.
(c) The construction, arrangement, and equipment of each vessel
must be acceptable to the cognizant OCMI as a prerequisite of the
issuance of the initial Certificate of Inspection. Acceptance is based
on the information, specifications, drawings and calculations available
to the OCMI and on the successful completion of an initial inspection
for certification.
(d) A Certificate of Inspection is renewed by the issuance of a new
Certificate of Inspection.
(e) The condition of the vessel and its equipment must be
acceptable to the cognizant OCMI as a prerequisite to the Certificate
of Inspection renewal. Acceptance is based on the condition of the
vessel as found at the periodic inspection for certification.
Sec. 115.107 Period of validity.
(a) A Certificate of Inspection is issued for a period of three
years.
(b) A Certificate of Inspection may be suspended and withdrawn or
revoked by the cognizant OCMI at any time for noncompliance with the
requirements of this subchapter.
Sec. 115.110 Routes permitted.
(a) The area of operation for each vessel and any necessary
operational limits are determined by the cognizant OCMI, and recorded
on the vessel's Certificate of Inspection. Each area of operation,
referred to as a route, is described on the Certificate of Inspection
under the major headings ``oceans,'' ``coastwise,'' ``Great Lakes,''
``lakes, bays, and sounds,'' or ``rivers,'' as applicable. Further
limitations imposed or extensions granted are described by reference to
bodies of waters, geographical points, distance from geographical
points, distances from land, depths of channel, seasonal limitations,
and similar factors.
(b) The maximum allowable distance a dynamically supported craft or
a vessel complying with the IMO ``Code of Safety for Dynamically
Supported Craft'' as equivalent to the requirements of this subchapter,
as allowed by Sec. 114.540(b) of this subchapter, may operate from a
harbor of safe refuge is designated by the cognizant OCMI, but may not
be more than 100 nautical miles.
(c) Operation of a vessel on a route of lesser severity than those
specifically described or designated on the Certificate of Inspection
is permitted unless expressly prohibited on the Certificate of
Inspection. The general order of severity of routes is: ``oceans,''
``coastwise,'' ``Great Lakes,'' ``lakes, bays, and sounds,'' and
``rivers.'' The cognizant OCMI may prohibit a vessel from operating on
a route of lesser severity than the primary route a vessel is
authorized to operate on if local conditions necessitate such a
restriction.
(d) Non-self-propelled vessels are prohibited from operating on an
``oceans'', ``coastwise'', or ``Great Lakes'' route unless the
Commandant approves such a route.
(e) When designating a permitted route or imposing any operational
limits on a vessel, the OCMI may consider:
(1) Requirements of this subchapter for which compliance is based
on the route of the vessel;
(2) The performance capabilities of the vessel based on design,
scantlings, stability, subdivision, propulsion, speed, operating modes,
maneuverability, other characteristics; and
(3) The suitability of the vessel for night-time operations and use
in all weather conditions.
Sec. 115.112 Total persons permitted.
The cognizant OCMI determines the total number of persons permitted
to be carried on a vessel. In determining the total number of persons
permitted to be carried, the OCMI may consider stability restrictions
and subdivision requirements of the vessel, the vessel's route, general
arrangement, means of escape, lifesaving equipment, the minimum manning
requirements, and the maximum number of passengers permitted in
accordance with Sec. 115.113.
Sec. 115.113 Passengers permitted.
(a) The maximum number of passengers permitted to be carried on a
vessel is determined by the cognizant OCMI. The maximum number
permitted must be not more than that allowed by the requirements of
this section, except as authorized by the OCMI under paragraph (d) of
this section.
(b) The maximum number of passengers permitted on any vessel may be
the greatest number permitted by the length of rail criterion, deck
area criterion, or fixed seating criterion described in this paragraph
or a combination of these criteria as allowed by paragraph (c) of this
section.
(1) Length of rail criterion. One passenger may be permitted for
each 30 inches of rail space available to the passengers at the
periphery of each deck. The following rail space may not be used in
determining the maximum number of passengers permitted:
(i) Rail space in congested areas unsafe for passengers, such as
near anchor handling equipment or line handling gear, in the way of
sail booms, running rigging, or paddle wheels, or along pulpits;
(ii) Rail space on stairways; and
(iii) Rail space where persons standing in the space would block
the line of vision of the licensed individual operating the vessel.
(2) Deck area criterion. One passenger may be permitted for each 10
square feet of deck area available for the passengers' use. In
computing such deck area, the areas occupied by the following must be
excluded:
(i) Concession stands, fixed tables, fixed gambling equipment, and
similar furnishings;
(ii) Toilets and washrooms;
(iii) Companionways and stairways;
(iv) Spaces occupied by and necessary for handling lifesaving
equipment, anchor handling equipment or line handling gear, or in the
way of sail booms or running rigging;
(v) Spaces below deck which are unsuitable for passengers or which
would not normally be used by passengers;
(vi) Interior passageways less than 30 inches wide and passageways
on open deck, less than 18 inches wide;
(vii) Bow pulpits, swimming platforms and areas which do not have a
solid deck, such as netting on multi-hull vessels;
(viii) Deck areas in way of paddle wheels; and
(ix) Aisle area provided in accordance with Sec. 116.820(d).
(3) Fixed seating criterion. One passenger may be permitted for
each 18 inches of width of fixed seating provided under Sec. 116.820 of
this subchapter. Each sleeping berth in overnight accommodation spaces
shall be counted as only one seat.
(c) Different passenger capacity criteria may be used on each deck
of a vessel and added together to determine the total passenger
capacity of that vessel. Where seats are provided on part of a deck and
not on another, the number of passengers permitted on a vessel may be
the sum of the number permitted by the seating criterion for the space
having seats and the number permitted by the deck area criterion for
the space having no seats. The length of rail criterion must not be
combined with either the deck area criterion or the fixed seating
criterion on an individual deck.
(d) For a vessel operating on short runs on protected waters such
as a ferry, the cognizant OCMI may give special consideration to
increases in passenger allowances.
Sec. 115.114 Alternative requirements for a vessel carrying six or
less passengers.
(a) When authorized by the cognizant OCMI by an endorsement of the
vessel's Certificate of Inspection, a small passenger vessel carrying
six or less passengers, and operating as a commercial fishing vessel or
other uninspected vessel or as a recreational vessel, need not meet
requirements of:
(1) Part 117, subpart C, D, and E of this subchapter providing the
vessel is in satisfactory compliance with the lifesaving equipment
regulations for an uninspected vessel or recreational vessel in a
similar service;
(2) Part 116, subpart C of this subchapter and subchapter S of this
chapter providing the vessel is in satisfactory compliance with
applicable regulations for an uninspected vessel or recreational vessel
in a similar service or if the owner of the vessel otherwise
establishes to the satisfaction of the cognizant OCMI that the vessel
is seaworthy for the intended service; and
(3) Sections 121.404, 121.408, and 121.410 of this subchapter
providing the vessel is in satisfactory compliance with any
navigational equipment requirements for an uninspected or recreational
vessel in a similar service.
(b) A vessel operating under the alternative regulations of
paragraph (a) of this section must:
(1) Not alter the arrangement of the vessel nor remove any
equipment required by the certificate for the intended operation,
without the consent of the cognizant OCMI;
(2) Comply with minimum manning specified on the Certificate of
Inspection, which may include reduced manning for when the vessel
carries not more than six passengers;
(3) When carrying from one to six passengers, make the announcement
required by Sec. 122.506(a)(9) of this subchapter before getting
underway; and
(4) If a vessel of more than 15 gross tons, not carry freight for
hire.
(c) The endorsement issued under paragraph (a) of this section must
indicate the maximum route, number of passengers, and the manning
required to operate under the provisions of this section.
Sec. 115.120 Certificate of Inspection amendment.
(a) An amended Certificate of Inspection may be issued at any time
by any OCMI. The amended Certificate of Inspection replaces the
original, but the expiration date remains the same as that of the
original. An amended Certificate of Inspection may be issued to
authorize and record a change in the dimensions, gross tonnage, owner,
managing operator, manning, persons permitted, route permitted,
conditions of operations, or equipment of a vessel, from that specified
in the current Certificate of Inspection.
(b) A request for an amended Certificate of Inspection must be made
to the cognizant OCMI by the owner or managing operator of the vessel
at any time there is a change in the character of a vessel or in its
route, equipment, ownership, operation, or other similar factors
specified in its current Certificate of Inspection.
(c) The OCMI may require an inspection prior to the issuance of an
amended Certificate of Inspection.
Subpart B--Special Permits and Certificates
Sec. 115.202 Permit to proceed.
(a) When a vessel is not in compliance with its certificate of
inspection or fails to comply with a regulation of this subchapter, the
cognizant OCMI may permit the vessel to proceed to another port for
repair if, in the judgment of the OCMI, the trip can be completed
safely, even if the Certificate of Inspection of the vessel has expired
or is about to expire.
(b) Form CG-948, ``Permit to Proceed to another Port for Repairs,''
may be issued by the cognizant OCMI to the owner, managing operator, or
the master of the vessel stating the conditions under which the vessel
may proceed to another port. The permit may be issued only upon the
written application of the owner, managing operator, or master, and
after the vessel's Certificate of Inspection is turned over to the
OCMI.
(c) A vessel may not carry passengers when operating in accordance
with a permit to proceed, unless the cognizant OCMI determines that it
is safe to do so.
Sec. 115.204 Permit to carry excursion party.
(a) The cognizant OCMI may permit a vessel to engage in a temporary
excursion operation with a greater number of persons or on a more
extended route, or both, than permitted by its Certificate of
Inspection when, in the opinion of the OCMI, the operation can be
undertaken safely.
(b) Upon the written application of the owner or managing operator
of the vessel, the cognizant OCMI may issue a ``Permit To Carry
Excursion Party'', Form CG-949, to indicate his or her permission to
carry an excursion party. The OCMI will indicate on the permit the
conditions under which it is issued, the number of persons the vessel
may carry, the crew required, any additional lifesaving or safety
equipment required, the route for which the permit is granted, and the
dates on which the permit is valid.
(c) The number of passengers normally permitted on an excursion
vessel is governed by Sec. 115.113.
(d) The OCMI shall not normally waive the applicable minimum safety
standards when issuing an excursion permit. In particular, a vessel
which is being issued an excursion permit should meet the minimum
stability, survival craft, fire safety, and manning standards
applicable to a vessel in the service for which the excursion permit is
requested.
(e) The permit acts as a temporary, limited duration supplement to
the vessel's Certificate of Inspection and must be carried with the
Certificate of Inspection. A vessel operating under a permit to carry
an excursion party must be in full compliance with the terms of its
Certificate of Inspection as supplemented by the permit.
(f) The OCMI may require an inspection prior to the issuance of a
permit to carry an excursion party.
Subpart C--Posting of Certificates, Permits, and Stability Letters
Sec. 115.302 Certificates and permits.
The Certificate of Inspection and any SOLAS Certificates must be
posted under glass or other suitable transparent material, such that
all pages are visible, in a conspicuous place on the vessel where
observation by passengers is likely. If posting is impracticable, such
as on open boats, the certificates must be kept on board in a
weathertight container readily available for use by the crew and for
display to passengers and others on request.
Sec. 115.306 Stability letter.
When, in accordance with Sec. 170.120 of this chapter, a vessel
must be provided with a stability letter, the stability letter must be
posted under glass or other suitable transparent material, such that
all pages are visible, at the operating station of the vessel. If
posting is impracticable, the stability letter must be kept on board in
a weathertight container readily available for use by the crew and for
display to passengers and others on request.
Sec. 115.310 Certification expiration date stickers.
(a) A Certification Expiration Date Sticker indicates the date upon
which the vessel's Certificate of Inspection expires and is provided by
the cognizant OCMI in the number required, upon issuance or renewal of
the Certificate of Inspection.
(b) A vessel that is issued a Certificate of Inspection under the
provisions of this subchapter must not be operated without a valid
Certification Expiration Date Sticker affixed to the vessel on a place
that is:
(1) A glass or other smooth surface from which the sticker may be
removed without damage to the vessel;
(2) Readily visible to each passenger prior to boarding the vessel
and to patrolling Coast Guard law enforcement personnel; and
(3) Acceptable to the Coast Guard marine inspector.
(c) The Coast Guard marine inspector may require the placement of
more than one sticker in order to insure compliance with paragraph
(a)(2) of this section.
Subpart D--Inspection for Certification
Sec. 115.400 General.
(a) An inspection is required before the issuance of a Certificate
of Inspection. Such an inspection for certification is not made until
after receipt of the application for inspection required by
Sec. 115.105.
(b) Upon receipt of a written application for inspection, the
cognizant OCMI assigns a marine inspector to inspect the vessel for
compliance with this subchapter at a time and place mutually agreed
upon by the OCMI and the owner, managing operator, or representative
thereof.
(c) The owner, managing operator, or a representative thereof shall
be present during the inspection.
Sec. 115.402 Initial inspection for certification.
(a) Before construction or conversion of a vessel intended for
small passenger vessel service, the owner of the vessel shall submit
plans, manuals, and calculations indicating the proposed arrangement,
construction, and operations of the vessel, to the cognizant OCMI for
approval, except when submitted to the Marine Safety Center as allowed
by part 116 of this subchapter, unless otherwise allowed by the OCMI.
The plans, manuals, and calculations required to be submitted and the
disposition of these plans are set forth in part 116, subpart B of this
subchapter.
(b) The initial inspection is conducted to determine that the
vessel and its equipment comply with applicable regulations and that
the vessel was built or converted in accordance with approved plans,
manuals, and calculations. Additionally, during the inspection the
materials, workmanship, and condition of all parts of the vessel and
its machinery and equipment may be checked to determine if the vessel
is satisfactory in all respects for the service intended.
(c) The owner or managing operator of a vessel shall ensure that
the vessel complies with the laws and regulations applicable to the
vessel and that the vessel is otherwise satisfactory for the intended
service. The initial inspection may include an inspection of the
following items:
(1) The arrangement, installation, materials, and scantlings of the
structure including the hull and superstructure, yards, masts, spars,
rigging, sails, piping, main and auxiliary machinery, pressure vessels,
steering apparatus, electrical installations, fire resistant
construction materials, lifesaving appliances, fire detecting and
extinguishing equipment, pollution prevention equipment, and all other
equipment;
(2) Arrangement and means of emergency egress;
(3) Sanitary conditions and fire hazards; and
(4) Certificates and operating manuals, including certificates
issued by the Federal Communications Commission.
(d) During an initial inspection for certification the owner or
managing operator shall conduct all tests and make the vessel available
for all applicable inspections discussed in this paragraph, and in
subpart H of this part, to the satisfaction of the cognizant OCMI,
including the following:
(1) The installation of each rescue boat and survival craft
launching appliance required by Sec. 71.20-20(a)(1) of this chapter.
(2) The installation of each rescue boat, liferaft, inflatable
buoyant apparatus, and launching appliance as listed on its Certificate
of Approval (Form CGHQ-10030).
(3) Machinery, fuel tanks, and pressure vessels required by part
119 of this subchapter.
(4) A stability test when required by Sec. 170.175 of this chapter.
(5) Watertight bulkheads as required by subchapter S of this
chapter.
(6) Firefighting systems as required by part 118 of this
subchapter.
(7) The operation of all smoke and fire detecting systems, fire
alarms and sensors, and fire confining appliances (such as fire screen
doors and fire dampers).
Sec. 115.404 Subsequent inspections for certification.
An inspection for renewal of a Certificate of Inspection normally
includes inspection and testing of the structure, machinery, equipment,
and on a sailing vessel, rigging and sails. The owner or managing
operator shall conduct all tests as required by the marine inspector,
and make the vessel available for all specific inspections and drills
required by subpart H of this part. The inspection is conducted to
determine if the vessel is in satisfactory condition, fit for the
service intended, and complies with the applicable regulations in this
subchapter.
Subpart E--Reinspection
Sec. 115.500 When required.
(a) The owner or managing operator shall make a vessel available
for reinspections within 60 days of each anniversary of the date of
issuance of the Certificate of Inspection during each triennial
inspection period. The owner or managing operator shall contact the
cognizant OCMI to arrange for a reinspection to be conducted at a time
and place acceptable to the OCMI.
(b) In addition to the requirements of paragraph (a) of the
section, a reinspection may be made at such other times as may be
required by the cognizant OCMI.
Sec. 115.502 Scope.
In general, the scope of the reinspection is the same as the
inspection for certification but in less detail unless it is determined
that a major change has occurred since the last inspection for
certification.
Subpart F--Hull and Tailshaft Examinations
Sec. 115.600 Drydock and internal structural examination intervals.
(a) The owner or managing operator shall make a vessel available
for drydock examinations and internal structural examinations required
by this section.
(b) A vessel making an international voyage must undergo a drydock
examination and an internal structural examination at least once every
12 months. If the vessel becomes due for a drydock examination or an
internal structural examination during the voyage, it may lawfully
complete the voyage prior to the examination if it undergoes the
required examination upon completion of the voyage to the United States
but not later than 30 days after the examination is due. If the vessel
is due for an examination within 15 days of sailing on an international
voyage from a United States port, it must undergo the required
examination before sailing.
(c) Except as provided in paragraph (d) and (e) of this section, a
vessel not making an international voyage must undergo a drydock
examination and an internal structural examination as follows:
(1) A vessel which is exposed to salt water more than three months
in any 12 month period since the last examination must undergo a
drydock examination and an internal structural examination at least
once every two years; and
(2) A vessel which is exposed to salt water not more than three
months in any 12 month period since the last examination must undergo a
drydock examination and an internal structural examination at least
once every five years.
(d) Whenever damage or deterioration to hull plating or structural
members which may affect the seaworthiness of a vessel is discovered or
suspected, the cognizant OCMI may conduct an internal structural
examination in any affected space, including fuel tanks, and require
the vessel to be drydocked or otherwise taken out of service to further
assess the extent of the damage and to effect permanent repairs.
(e) Whenever a vessel is drydocked or hauled out other than as
required by this section, the owner or operator must notify the
cognizant OCMI so that a marine inspector may examine the vessel.
Sec. 115.610 Scope of drydock and internal structural examinations.
(a) A drydock examination conducted in compliance with Sec. 115.600
must be conducted while the vessel is hauled out of the water or placed
in a drydock or slipway. During the examination all accessible parts of
the vessel's underwater body and all through hull fittings, including
the hull plating, appendages, propellers, shafts, bearings, rudders,
sea chests, sea valve, and sea strainers must be examined. Sea chests,
sea valves, and sea strainers must be opened for examination.
(b) An internal structural examination conducted in compliance with
Sec. 115.600 may be conducted while the vessel is afloat or out of the
water and consists of a complete examination of the vessel's main
strength members, including the major internal framing, the hull
plating, voids, and ballast, cargo, and fuel oil tanks. Where the
internal framing or plating of the vessel is concealed, sections of the
lining, ceiling or insulation may be removed or the parts otherwise
probed or exposed so that the inspector may be satisfied as to the
condition of the hull structure. Fuel oil tanks need not be cleaned out
and internally examined if the marine inspector is able to determine by
external examination that the general condition of the tanks is
satisfactory.
Sec. 115.612 Notice and plans required.
(a) The owner or managing operator shall notify the cognizant OCMI
as far in advance as possible whenever a vessel is to be hauled out or
placed in a drydock or slipway in compliance with Sec. 115.600 or to
undergo repairs or alterations affecting the safety of the vessel,
together with the nature of any repairs or alterations contemplated.
Hull repairs or alterations which affect the safety of the vessel
include but are not limited to the replacement, repair, or refastening
of planking, plating, or structural members, including the repair of
cracks in the hull.
(b) Whenever a vessel is hauled out or placed in a drydock or
slipway in excess of the requirements of this subpart for the purpose
of maintenance, such as changing a propeller, painting, or cleaning the
hull, no report need be made to the cognizant OCMI.
(c) The owner or managing operator of each vessel that holds a Load
Line Certificate shall make plans showing the vessel's scantlings
available to the Coast Guard marine inspector whenever the vessel
undergoes a drydock examination or internal structural examination or
whenever repairs or alterations affecting the safety or seaworthiness
of the vessel are made to the vessel's hull.
Sec. 115.630 Tailshaft examinations.
The marine inspector may require any part or all of the propeller
shafting to be drawn for examination of the shafting and stern bearing
of a vessel whenever the condition of the shafting and bearings are in
question. The inspector may conduct a visual examination and may
require nondestructive testing of the tailshaft.
Sec. 115.670 Extension of examination intervals.
The intervals between drydock examinations and internal structural
examinations specified in Sec. 115.600 may be extended by the
Commandant. Requests for extensions must be submitted to the Commandant
via the cognizant OCMI.
Subpart G--Repairs and Alterations
Sec. 115.700 Permission for repairs and alterations.
(a) Repairs or alterations to the hull, machinery, or equipment
which affect the safety of the vessel must not be made without the
approval of the cognizant OCMI, except during an emergency. When
repairs are made during an emergency, the owner, managing operator, or
master shall notify the OCMI as soon as practicable after such repairs
or alterations are made. Repairs or alterations which affect the safety
of the vessel include, but are not limited to, the: Replacement,
repair, or refastening of deck or hull planking, plating, and
structural members; repair of plate or frame cracks; damage repair or
replacement, other than replacement in kind, of electrical wiring, fuel
lines, tanks, boilers and other pressure vessels, and steering,
propulsion and power supply systems; alterations affecting stability;
and repair or alteration of lifesaving, fire detecting, or fire
extinguishing equipment.
(b) The owner or managing operator shall submit drawings, sketches,
or written specifications describing the details of any proposed
alterations to the cognizant OCMI. Proposed alterations must be
approved by the OCMI before work is started.
(c) Drawings are not required to be submitted for repairs or
replacements in kind.
(d) The OCMI may require an inspection and testing whenever a
repair or alteration is undertaken.
Sec. 115.702 Installation tests and inspections.
Whenever a launching appliance, survival craft, rescue boat, fixed
fire extinguishing equipment, machinery, fuel tank, or pressure vessel
is installed aboard a vessel after completion of the initial inspection
for certification of the vessel, as replacement equipment or as a new
installation, the owner or managing operator shall conduct the tests
and make the vessel ready for the inspections required by
Sec. 115.402(d) to the satisfaction of the cognizant OCMI.
Sec. 115.704 Breaking of safety valve seals.
The owner, managing operator, or master shall notify the cognizant
OCMI as soon as practicable after the seal on a boiler safety valve on
a vessel is broken.
Sec. 115.710 Inspection and testing for gas hazards.
(a) An inspection must be conducted in accordance with the
provisions of NFPA 306 before alterations, repairs, or other operations
involving riveting, welding, burning, or other fire producing actions
may be made aboard a vessel:
(1) Within or on the boundaries of fuel tanks; or
(2) To pipelines, heating coils, pumps, fittings, or other
appurtenances connected to fuel tanks.
(b) An inspection required by paragraph (a) of this section must be
conducted as required by this paragraph.
(1) In ports or places in the United States or its territories and
possessions, the inspection must be conducted by a marine chemist
certificated by the National Fire Protection Association. However, if
the services of a certified marine chemist are not reasonably
available, the cognizant OCMI, upon the recommendation of the vessel
owner or managing operator, may authorize another person to inspect the
vessel. If the inspection indicates that the operations can be
undertaken safely, a certificate setting forth this fact in writing
must be issued by the certified marine chemist or the authorized person
before the work is started. The certificate must include any
requirements necessary to reasonably maintain safe conditions in the
spaces certified throughout the operation, including any precautions
necessary to eliminate or minimize hazards that may be present from
protective coatings or residues from cargoes.
(2) When not in a port or place in the United States or its
territories and possessions, and when a marine chemist or a person
authorized by the cognizant OCMI is not reasonably available, the
master shall conduct the inspection and enter the results of the
inspection in the vessel's logbook.
(c) The owner, managing operator, or master shall obtain a copy of
certificates issued by the certified marine chemist or the other person
authorized by the cognizant OCMI, and shall ensure that all conditions
on the certificates are observed and that the vessel is maintained in a
safe condition. The owner, managing operator, or master shall maintain
a safe condition on the vessel by requiring full observance, by persons
under his or her control, of all requirements listed in the
certificate.
Subpart H--Material Inspections
Sec. 115.800 Inspection standards.
(a) A vessel is inspected for compliance with the standards
required by this subchapter. Machinery, equipment, materials, and
arrangements not covered by standards in this subchapter may be
inspected in accordance with standards acceptable to the cognizant OCMI
as good marine practice.
(b) In the application of inspection standards due consideration
must be given to the hazards involved in the operation permitted by a
vessel's Certificate of Inspection. Thus, the standards may vary in
accordance with the vessel's area of operation or any other operational
restrictions or limitations.
(c) The published standards of classification societies and other
recognized safety associations may be used as guides in the inspection
of vessels when such standards do not conflict with the requirements of
this subchapter.
Sec. 115.801 Notice of inspection deficiencies and requirements.
(a) If during the inspection of a vessel, the vessel or its
equipment is found not to conform to the requirements of law or the
regulations in this subchapter, the marine inspector will point out
deficiencies observed and discuss all requirements with the owner,
managing operator, or a representative thereof. Normally, the marine
inspector will list all such requirements which have not been completed
and present the list to the owner, managing operator, or a
representative thereof.
(b) In any case where further clarification of or reconsideration
of any requirement placed against the vessel is desired, the owner,
managing operator, or a representative thereof, may discuss the matter
with the cognizant OCMI.
Sec. 115.802 Hull.
(a) At each initial and subsequent inspection for certification of
a vessel, the owner or managing operator shall be prepared to conduct
tests and have the vessel ready for inspections of the hull structure
and its appurtenances, including the following:
(1) Inspection of all accessible parts of the exterior and interior
of the hull, the watertight bulkheads, and weather decks;
(2) Inspection and operation of all watertight closures in the
hull, decks, and bulkheads including through hull fittings and sea
valves;
(3) Inspection of the condition of the superstructure, masts, and
similar arrangements constructed on the hull, and on a sailing vessel
all spars, standing rigging, running rigging, blocks, fittings, and
sails;
(4) Inspection of all railings and bulwarks and their attachment to
the hull structure;
(5) Inspection to ensure that guards or rails are provided in
dangerous places;
(6) Inspection and operation of all weathertight closures above the
weather deck and the provisions for drainage of sea water from the
exposed decks; and
(7) Inspection of all interior spaces to ensure that they are
adequately ventilated and drained, and that means of escape are
adequate and properly maintained.
(b) The vessel must be afloat for at least a portion of the
inspection as required by the marine inspector.
(c) When required by the marine inspector, a portion of the
inspection must be conducted while the vessel is underway so that the
working of the hull can be observed.
Sec. 115.804 Machinery.
At each initial and subsequent inspection for certification of a
vessel, the owner or managing operator shall be prepared to conduct
tests and have the vessel ready for inspections of machinery, fuel, and
piping systems, including the following:
(a) Operation of the main propulsion machinery both ahead and
astern;
(b) Operational test and inspection of engine control mechanisms
including primary and alternate means of starting machinery;
(c) Inspection of all machinery essential to the routine operation
of the vessel including generators and cooling systems;
(d) External inspection of fuel tanks and inspection of tank vents,
piping, and pipe fittings;
(e) Inspection of all fuel systems;
(f) Operational test of all valves in fuel lines by operating
locally and at remote operating positions;
(g) Operational test of all overboard discharge and intake valves
and watertight bulkhead pipe penetration valves;
(h) Operational test of the means provided for pumping bilges; and
(i) Test of machinery alarms including bilge level alarms.
Sec. 115.806 Electrical.
At each initial and subsequent inspection for certification of a
vessel, the owner or managing operator shall be prepared to conduct
tests and have the vessel ready for inspection of electrical equipment
and systems, including the following:
(a) Inspection of all cable as far as practicable without undue
disturbance of the cable or electrical apparatus;
(b) Test of circuit breakers by manual operation;
(c) Inspection of fuses including ensuring the ratings of fuses are
suitable for the service intended;
(d) Inspection of rotating electrical machinery essential to the
routine operation of the vessel;
(e) Inspection of all generators, motors, lighting fixtures and
circuit interrupting devices located in spaces or areas which may
contain flammable vapors;
(f) Inspection of batteries for condition and security of stowage;
(g) Operational test of electrical apparatus, which operates as
part of or in conjunction with a fire detection or alarm system
installed on board the vessel, by simulating, as closely as
practicable, the actual operation in case of fire; and
(h) Operational test of all emergency electrical systems.
Sec. 115.808 Lifesaving.
(a) At each initial and subsequent inspection for certification of
a vessel, the owner or managing operator shall be prepared to conduct
tests and have the vessel ready for inspections of lifesaving equipment
and systems, including the following:
(1) Tests of each rescue boat and each rescue boat launching
appliance and survival craft launching appliance in accordance with
Sec. 71.25-15 of subchapter H (Passenger Vessels) of this chapter;
(2) Inspection of each lifejacket, work vest, and marine buoyant
device;
(3) If used, inspection of the passenger safety orientation cards
or pamphlets allowed by Sec. 122.506(c) of this subchapter;
(4) Inspection of each inflatable liferaft and inflatable
lifejacket to determine that it has been serviced as required by
Sec. 122.730 of this subchapter; and
(5) Inspection of each hydrostatic release unit to determine that
it is in compliance with the servicing and usage requirements of
Sec. 122.740 of this subchapter.
(b) Each item of lifesaving equipment determined by the marine
inspector to not be in serviceable condition must be repaired or
replaced.
(c) Each item of lifesaving equipment with an expiration date on it
must be replaced if the expiration date has passed.
(d) The owner or managing operator shall destroy, in the presence
of the marine inspector, each lifejacket, other personal floatation
device, and other lifesaving device found to be defective and incapable
of repair.
(e) At each initial and subsequent inspection for certification of
a vessel, the vessel must be equipped with an adult size lifejacket for
each person authorized. The vessel must also be equipped with child
size lifejackets equal to at least 10 percent of the maximum number of
passengers permitted to be carried unless children are prohibited from
being carried aboard the vessel.
(f) Lifejackets, work vests, and marine buoyant devices may be
marked with the date and marine inspection zone to indicate that they
have been inspected and found to be in serviceable condition by a
marine inspector.
(g) At each initial and subsequent inspection for certification,
the marine inspector may require that an abandon ship or man overboard
drill be held under simulated emergency conditions specified by the
inspector.
Sec. 115.810 Fire protection.
(a) At each initial and subsequent inspection for certification,
the owner or managing operator shall be prepared to conduct tests and
have the vessel ready for inspection of its fire protection equipment,
including the following:
(1) Inspection of each hand portable fire extinguisher,
semiportable fire extinguisher, and fixed gas fire extinguishing system
to check for excessive corrosion and general condition;
(2) Inspection of piping, controls, and valves, and the inspection
and testing of alarms and ventilation shutdowns, for each fire
extinguishing system and detecting system to determine that the system
is in operating condition;
(3) Operation of the fire main system and checking of the pressure
at the most remote and highest outlets;
(4) Testing of each firehose to a test pressure equivalent to its
maximum service pressure;
(5) Checking of each cylinder containing compressed gas to ensure
it has been tested and marked in accordance with part 147, Sec. 147.60
of this chapter;
(6) Testing or renewal of flexible connections and discharge hoses
on semiportable extinguishers and fixed gas extinguishing systems in
accordance with part 147, Sec. 147.65 of this chapter; and
(7) Inspection and testing of smoke and fire detecting systems
(including sensors and alarms) and fire confining appliances (such as
fire screen doors and fire dampers).
(b) The owner, managing operator, or a qualified servicing facility
as applicable shall conduct the following inspections and tests:
(1) For portable fire extinguishers, the inspections, maintenance
procedures, and hydrostatic pressure tests required by chapter 4 of
NFPA 10 with the frequency specified by NFPA 10. In addition, carbon
dioxide and halon portable fire extinguishers must be refilled when the
net content weight loss exceeds that specified for fixed systems by
Table 115.810(b). The owner or managing operator shall provide
satisfactory evidence of the required servicing to the marine
inspector. If any of the equipment or records have not been properly
maintained, a qualified servicing facility may be required to perform
the required inspections, maintenance procedures, and hydrostatic
pressure tests. A tag issued by a qualified servicing organization, and
attached to each extinguisher, may be accepted as evidence that the
necessary maintenance procedures have been conducted.
(2) For semiportable and fixed systems, the inspections and tests
required by Table 115.810(b), in addition to the tests required by part
147, Sec. 147.60 of this chapter. The owner or managing operator shall
provide satisfactory evidence of the required servicing to the marine
inspector. If any of the equipment or records have not been properly
maintained, a qualified servicing facility may be required to perform
the required inspections, maintenance procedures, and hydrostatic
pressure tests.
Table 115.810(b).--Semiportable and Fixed Systems
------------------------------------------------------------------------
Type system Test
------------------------------------------------------------------------
Carbon dioxide................... Weigh cylinders. Recharge if weight
loss exceeds 10% of weight of
charge. Test time delays, alarms,
and ventilation shutdowns with
carbon dioxide, nitrogen, or other
nonflammable gas as stated in the
system manufacturer's instruction
manual. Inspect hoses and nozzles to
be sure they are clean.
Halon............................ Weigh cylinders. Recharge if weight
loss exceeds 5% of weight of charge.
If the system has a pressure gauge,
also recharge if pressure loss
(adjusted for temperature) exceeds
10%. Test time delays, alarms and
ventilation shutdowns with carbon
dioxide, nitrogen, or other
nonflammable gas as stated in the
system manufacturer's instruction
manual. Inspect hoses and nozzles to
be sure they are clean.
Dry Chemical..................... Examine pressure cartridge and
replace (cartridge operated) if end
is punctured or if determined to
have leaked or to be in unsuitable
condition. Inspect hose and nozzle
to see if they are clear. Insert
charged cartridge. Ensure dry
chemical is free flowing (not caked)
and extinguisher contains full
charge.
Dry chemical (stored pressure)... See that pressure gauge is in
operating range. If not, or if the
seal is broken, weigh or otherwise
determine that extinguisher is fully
charged with dry chemical. Recharge
if pressure is low or if dry
chemical is needed.
Foam (cartridge operated)........ Examine pressure cartridge and
replace if end is punctured or if
determined to have leaked or to be
in unsuitable condition. Ensure
extinguisher contains full charge.
Replace premixed agent every 3
years.
Foam (stored pressure)........... See that pressure gauge, if so
equipped, is in the operating range.
If not, or if the seal is broken,
weigh or otherwise determine that
extinguisher is fully charged with
foam. Recharge if pressure is low or
if foam is needed. Replace premixed
agent every 3 years.
------------------------------------------------------------------------
(c) The owner, managing operator, or master shall destroy, in the
presence of the marine inspector, each fire hose found to be defective
and incapable of repair.
(d) At each initial and subsequent inspection for certification,
the marine inspector may require that a fire drill be held under
simulated emergency conditions to be specified by the inspector.
Sec. 115.812 Pressure vessels and boilers.
(a) Periodic inspection and testing requirements for pressure
vessels are contained in part 61, subpart 61.10 of this chapter.
(b) Periodic inspection and testing requirements for boilers are
contained in part 61, subpart 61.05 of this chapter.
Sec. 115.814 Steering systems.
At each initial and subsequent inspection for certification the
owner or managing operator shall be prepared to test the steering
systems of the vessel and make them available for inspection to the
extent necessary to determine that they are in suitable condition and
fit for the service intended. Servo-type power systems, such as
orbitrol systems, must be tested and capable of smooth operation by a
single person in the manual mode, with hydraulic pumps secured.
Sec. 115.816 Miscellaneous systems and equipment.
At each initial and subsequent inspection for certification the
owner or managing operator shall be prepared to test and make available
for inspection all items in the ship's outfit, such as ground tackle,
navigation lights and equipment, markings, and placards, which are
required to be carried by the regulations in this subchapter, as
necessary to determine that they are fit for the service intended.
Sec. 115.818 Sanitary inspection.
At each inspection for certification and at every other vessel
inspection, quarters, toilet and washing spaces, galleys, serving
pantries, lockers, and similar spaces may be examined to determine that
they are serviceable and in a sanitary condition.
Sec. 115.830 Unsafe practices.
(a) At each inspection for certification and at every other vessel
inspection all observed unsafe practices, fire hazards, and other
hazardous situations must be corrected and all required guards and
protective devices must be in satisfactory condition.
(b) At each inspection for certification and at every other vessel
inspection the bilges and other spaces may be examined to see that
there is no accumulation of oil, trash, debris, or other matter which
might create a fire hazard, clog bilge pumping systems, or block
emergency escapes.
Sec. 115.840 Additional tests and inspections.
The cognizant OCMI may require that a vessel and its equipment
undergo any additional test or inspection deemed necessary to determine
that the vessel and its equipment are suitable for the service in which
they are to be employed.
Subpart I--International Convention for Safety of Life at Sea,
1974, as Amended (SOLAS)
Sec. 115.900 Applicability.
(a) Except as otherwise provided in this subpart, a mechanically
propelled vessel of the United States, which carries more than 12
passengers on an international voyage must be in compliance with the
applicable requirements of the SOLAS, to which the United States
Government is currently a party.
(b) SOLAS does not apply to a vessel solely navigating the Great
Lakes and the St. Lawrence River as far east as a straight line drawn
from Cap des Rosiers to West Point, Anticosti Island and, on the north
side of Anticosti Island, the 63rd Meridian.
Sec. 115.910 Passenger Ship Safety Certificate.
(a) A vessel which carries more than 12 passengers on an
international voyage must have a valid SOLAS Passenger Ship Safety
Certificate. The Commandant issues the original SOLAS Passenger Ship
Safety Certificate after receiving notification from the cognizant OCMI
that the vessel complies with the applicable SOLAS regulations.
Subsequent SOLAS Passenger Ship Safety Certificates are issued by the
cognizant OCMI unless any changes to the vessel or its operations have
occurred which changes the information on the certificate, in which
case the Commandant will reissue the certificate.
(b) The route specified on the Certificate of Inspection and the
SOLAS Passenger Ship Safety Certificate must agree.
(c) A SOLAS Passenger Ship Safety Certificate is issued for a
period of not more than 12 months.
(d) The SOLAS Passenger Ship Safety Certificate may be withdrawn,
revoked, or suspended at any time when the vessel is not in compliance
with applicable SOLAS requirements.
Sec. 115.920 Exemptions.
(a) In accordance with Regulation 4, Chapter I (General Provisions)
of SOLAS, the Commandant may exempt a vessel, which is not normally
engaged on an international voyage but which in exceptional
circumstances is required to undertake a single international voyage,
from any of the requirements of SOLAS provided that the vessel complies
with safety requirements which are adequate in the Commandant's opinion
for the voyage which is to be undertaken.
(b) In accordance with Chapter II-1 (Construction--Subdivision and
Stability, Machinery and Electrical Installations) Regulation 1,
Chapter II-2 (Construction--Fire Protection, Fire Detection and Fire
Extinction) Regulation 1, and Chapter III (Life Saving Appliances and
Arrangements) Regulation 2 of SOLAS, the Commandant may exempt a vessel
which does not proceed more than 20 miles from the nearest land from
any of the specific requirements of Chapters II-1, II-2, and II of
SOLAS if the Commandant determines that the sheltered nature and
conditions of the voyage are such as to render the application of such
requirements unreasonable or unnecessary.
(c) The Commandant may exempt a vessel from requirements of the
regulations of SOLAS in accordance with paragraphs (a) and (b) of this
section upon a written request from the owner or managing operator
submitted to the Commandant via the cognizant OCMI.
(d) When the Commandant grants an exemption to a vessel in
accordance with this section, the Commandant will issue the original
SOLAS Exemption Certificate describing the exemption. Subsequent SOLAS
Exemption Certificates are issued by the cognizant OCMI unless any
changes to the vessel or its operations have occurred which changes the
information on the SOLAS Exemption or Passenger Ship Safety
Certificates, in which case the Commandant shall reissue the
certificate. A SOLAS Exemption Certificate is not valid for longer than
the period of the SOLAS Passenger Ship Safety Certificate to which it
refers.
Sec. 115.930 Equivalents.
In accordance with Regulation 5, Chapter I (General Provisions) of
SOLAS, the Commandant may accept an equivalent to a particular fitting,
material, appliance, apparatus, or any particular provision required by
the SOLAS regulations if satisfied that such equivalent is at least as
effective as that required by the regulations. An owner or managing
operator of a vessel may submit a request for the acceptance of an
equivalent following the procedures in Sec. 114.540 of this subchapter.
The Commandant will indicate the acceptance of an equivalent on the
vessel's SOLAS Passenger Ship Safety Certificate.
PART 116--CONSTRUCTION AND ARRANGEMENT
Subpart A--General Provisions
Sec.
116.100 General requirements.
116.115 Applicability to existing vessels.
Subpart B--Plans
116.202 Plans and information required.
116.210 Plans for sister vessels.
Subpart C--Hull Structure
116.300 Structural design.
116.330 Sailing vessels.
116.340 Alternate design considerations.
Subpart D--Fire Protection
116.400 Application.
116.405 General arrangement and outfitting.
116.415 Fire control boundaries.
116.422 Ceilings, linings, trim, interior finish and decorations.
116.423 Furniture and furnishings.
116.425 Deck coverings.
116.427 Fire load of accommodation spaces.
116.430 Insulation other than for structural fire protection.
116.433 Windows and air ports in fire control boundaries.
116.435 Doors.
116.438 Stairtowers, stairways, ladders, and elevators.
116.439 Balconies.
116.440 Atriums.
Subpart E--Escape and Embarkation Station Requirements
116.500 Means of escape.
116.510 Embarkation stations.
116.520 Emergency evacuation plan.
116.530 Fire control plan.
Subpart F--Ventilation
116.600 Ventilation of enclosed and partially enclosed spaces.
116.610 Ventilation ducts.
116.620 Ventilation of machinery and fuel tank spaces.
Subpart G--Crew Spaces
116.700 General requirements.
116.710 Overnight accommodations.
116.730 Crew accommodations on vessels of more than 65 feet in
length with overnight accommodations for more than 49 passengers.
Subpart H--Passenger Accommodations
116.800 General requirements.
116.810 Overnight accommodations.
116.820 Seating.
Subpart I--Rails and Guards
116.900 Deck rails.
116.920 Storm rails.
116.940 Guards in vehicle spaces.
116.960 Guards for exposed hazards.
116.970 Protection against hot piping.
Subpart J--Window Construction and Visibility
116.1010 Safety glazing materials.
116.1020 Strength.
116.1030 Operating station visibility.
Subpart K--Drainage and Watertight Integrity of Weather Decks
116.1110 Drainage of flush deck vessels.
116.1120 Drainage of cockpit vessels, well deck vessels, and open
boats.
116.1160 Watertight integrity.
Subpart L--Ballast Systems
116.1200 Ballast.
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Subpart A--General Provisions
Sec. 116.100 General requirements.
(a) The construction and arrangement of a vessel must allow the
safe operation of the vessel in accordance with the terms of its
certificate of inspection giving consideration to provisions for a
seaworthy hull, protection against fire, means of escape in case of a
sudden unexpected casualty, guards and rails in hazardous places,
ventilation of enclosed spaces, and necessary facilities for passengers
and crew.
(b) Vessels to which this subchapter applies must meet the
applicable provisions in subchapter S (Subdivision and Stability) of
this chapter, except that the requirements in subpart K of this part
may be met in lieu of the requirements of Secs. 171.124 through 171.155
of subchapter S.
Sec. 116.115 Applicability to existing vessels.
(a) Except as otherwise required by paragraph (b) of this section,
an existing vessel must comply with the construction and arrangement
regulations which were applicable to the vessel on [date of day before
effective date of the final rule] or, as an alternative, the vessel may
comply with the regulations in this part.
(b) Alterations or modifications which are not a major conversion,
made to the structure or arrangements, regulated by this part, of an
existing vessel on or after [effective date of the final rule] must
comply with the regulations of this part. Repairs or maintenance
conducted on an existing vessel, resulting in no significant changes to
the original structure or arrangement of the vessel, must comply with
the regulations applicable to the vessel on [date of day before
effective date of the final rule] or, as an alternative, with the
regulations in this part. However, when outfit items such as
furnishings and mattresses are renewed, they must comply with the
regulations in this part.
Subpart B--Plans
Sec. 116.202 Plans and information required.
(a) Except as provided in Sec. 116.210, the owner of a vessel
requesting initial inspection for certification shall, prior to the
start of construction unless otherwise allowed by the cognizant OCMI,
submit for approval to the cognizant OCMI, at least two copies of the
following plans, manuals, analyses, and calculations that are
applicable to the vessel as determined by the OCMI:
(1) Midship section;
(2) Outboard profile;
(3) Inboard profile;
(4) Arrangement of decks;
(5) Structural fire protection details;
(6) Emergency evacuation plan required under Sec. 116.520, with
drawings showing embarkation stations, areas of refuge, and escape
routes;
(7) Machinery installation;
(8) Electrical installation including, but not limited to:
(i) Elementary one-line diagram of the power system;
(ii) Cable lists;
(iii) Bills of materials;
(iv) Type and size of generators and prime movers;
(v) Type and size of generator cables, bus-tie cables, feeders, and
branch circuit cables;
(vi) Power, lighting, and interior communication panelboards with
number of circuits and rating of energy consuming devices;
(vii) Type and capacity of storage batteries;
(viii) Rating of circuit breakers and switches, interrupting
capacity of circuit breakers, and rating and setting of overcurrent
devices;
(ix) Electrical plant load analysis; and
(x) For a vessel of more than 65 feet in length with overnight
accommodations for more than 49 passengers, an overcurrent protective
device coordination analysis if the information required by paragraph
(a)(8)(i) through (a)(8)(ix) of this section is not considered adequate
by the cognizant OCMI to review the electrical system of the vessel;
(9) Lifesaving equipment locations and installation;
(10) Ventilation diagrams;
(11) Engine exhaust diagram;
(12) Fire main system plans and calculations;
(13) Fixed gas fire extinguishing system plans and calculations;
(14) Fire detecting system and smoke detecting system plans;
(15) Sprinkler system plans and calculations;
(16) Portable fire extinguisher types, sizes and locations;
(17) Fire load calculations of accommodation and service spaces, if
required under Sec. 116.427;
(18) Fuel tanks;
(19) Piping systems including: firemain, bilge, ballast, hydraulic,
sanitary, compressed air, combustible and flammable liquids, vents,
soundings, and overflows;
(20) Hull penetrations and shell connections;
(21) Lines and offsets, curves of form, cross curves of stability,
and tank capacities including size and location on vessel;
(22) Masts, including integration into the ship's structure, on
sailing vessels;
(23) Rigging plan showing sail areas and centers of effort as well
as the arrangement, dimensions, and connections of the standing rigging
for sailing vessels;
(24) Steering and steering control, including rudder details;
(25) Marine sanitation device model number, approval number,
connecting wiring and piping; and
(26) Propulsion and propulsion control, including shaft details.
(b) When authorized by the cognizant OCMI, an owner may submit any
plans, manuals, or calculations, required to be submitted to the OCMI
under this part, to the Commanding Officer, U.S. Coast Guard Marine
Safety Center (Marine Safety Center), 400 Seventh Street SW.,
Washington, DC 20590-0001. Three copies of all documents are required
to be submitted for Marine Safety Center plan approval.
(c) For a vessel, the construction of which was begun prior to
approval of the plans and information required by paragraphs (a) and
(b) of this section, the cognizant OCMI may require any additional
plans and information, manufacturers' certifications of construction,
testing including reasonable destructive testing, and inspections,
which the OCMI determines are necessary to verify that the vessel
complies with the requirements of this subchapter.
Sec. 116.210 Plans for sister vessels.
(a) Plans are not required for a vessel which is a sister vessel,
provided:
(1) Approved plans for the original vessel are on file at the
Marine Safety Center or in the files of the cognizant OCMI;
(2) The owner of the plans authorizes their use for the new
construction of the sister vessel;
(3) The regulations used for the original plan approval have not
changed since the original approval; and
(4) There are no major modifications to any of the systems to be
used.
(b) If approved plans for original vessel are not on file at the
MSC or with the cognizant OCMI, the vessel owner shall submit plans as
described in Sec. 116.202.
Subpart C--Hull Structure
Sec. 116.300 Structural design.
Except as otherwise allowed by this subpart, a vessel must comply
with the structural design requirements of one of the standards listed
in this section for the hull material of the vessel.
(a) Steel hull vessels:
(1) Rules and Regulations for the Classification of Yachts and
Small Craft, Lloyd's; or
(2) Rules for Building and Classing Steel Vessels Under 61 Meters
(200 Feet) in Length, ABS;
(b) Aluminum hull vessels:
(1) Rules and Regulations for the Classification of Yachts and
Small Craft, Lloyd's;
(2) For a vessel of more than 100 feet in length--Rules for
Building and Classing Aluminum Vessels, ABS; or
(3) For a vessel of not more than 100 feet in length--Rules for
Building and Classing Steel Vessels Under 61 Meters (200 Feet) in
Length, ABS, with the appropriate conversions from the ABS Rules for
Building and Classing Aluminum Vessels;
(c) Ferrocement hull vessels--Australian Transport Advisory Council
Shipping Laws Code Section 5, Subsection J.
(d) Steel hull vessels operating in protected waters--Rules for
Building and Classing Steel Vessels for Service on Rivers and
Intracoastal Waterways, ABS.
Sec. 116.330 Sailing vessels.
The design, materials, and construction of masts, posts, yards,
booms, bowsprits, and standing rigging on a sailing vessel must be
suitable for the intended service. The hull structure must be
adequately reinforced to ensure sufficient strength and resistance to
plate buckling. The cognizant OCMI may require the owner to submit
detailed calculations on the strength of the mast, post, yards, booms,
bowsprits, and standing rigging.
Sec. 116.340 Alternate design considerations.
When the structure of vessel is of novel design, unusual form, or
special materials, which cannot be reviewed or approved under
Sec. 116.300, the structure may be approved by the Commanding Officer,
Marine Safety Center, when it can be shown by systematic analysis based
on engineering principles that the structure provides adequate safety
and strength. The owner shall submit detailed plans, material component
specifications, and design criteria, including the expected operating
environment, resulting loads on the vessel, and design limitations for
such vessel, to the cognizant OCMI for initial evaluation and
forwarding to the Marine Safety Center.
Subpart D--Fire Protection
Sec. 116.400 Application.
(a) This subpart applies to:
(1) Vessels carrying more than 150 passengers; or
(2) Vessels with overnight accommodations for not more than 49
passengers.
(b) A vessel with overnight accommodations for more than 49
passengers must comply with Sec. 72.05 of this chapter.
Sec. 116.405 General arrangement and outfitting.
(a) Fire hazards to be minimized. The general construction of the
vessel must be such as to minimize fire hazards insofar as it is
reasonable and practicable.
(b) Combustible materials to be limited. Limited amounts of
combustible materials such as wiring insulation, pipe hanger linings,
nonmetallic (plastic) pipe, and cable ties are permitted in concealed
spaces except as otherwise prohibited by this subpart.
(c) Combustibles insulated from heated surfaces. Internal
combustion engine exhausts, boiler and galley uptakes, and similar
sources of ignition must be kept clear of and suitably insulated from
combustible material. Dry exhaust systems for internal combustion
engines on wooden or fiber reinforced plastic vessels must be installed
in accordance with ABYC Standard P-1.
(d) Separation of machinery and fuel tank spaces from accommodation
spaces. Machinery and fuel tank spaces must be separated from
accommodation spaces by boundaries which prevent the passage of vapors.
(e) Paint and flammable liquid lockers. Paint and flammable liquid
lockers must be constructed of steel or equivalent material, or wholly
lined with steel or equivalent material.
(f) Nonmetallic piping in concealed spaces. The use of short runs
of nonmetallic (plastic) pipe within a concealed space in a control
space, accommodation space, or service space is permitted in nonvital
service only, provided it is not used to carry flammable liquids
(including liquors of 80 proof or higher) and:
(1) Has a flame spread rating of not more than 20 and a smoke
developed rating of not more than 50 when filled with water and tested
in accordance with ASTM E-84 or UL 273 by an independent laboratory; or
(2) Has a flame spread rating of not more than 20 and a smoke
developed rating of not more than 130 when empty and tested in
accordance with ASTM E-84 or UL 723 by an independent laboratory.
(g) Vapor barriers. Vapor barriers must be provided where
insulation of any type is used in spaces where flammable and
combustible liquids or vapors are present, such as machinery spaces and
paint lockers.
(h) Interior finishes. Combustible interior finishes allowed by
Sec. 116.422(d) must not extend into hidden spaces, such as behind
linings, above ceilings, or between bulkheads.
(i) Waste receptacles. Waste receptacles must be constructed of
noncombustible materials with no openings in the sides or bottom.
(j) Mattresses. All mattresses must comply with the U.S. Department
of Commerce Standard for Mattress Flammability (FF 4-72.16), 16 CFR
part 1632, subpart A. Mattresses must not contain polyurethane foam.
(k) Furniture and furnishings. The use of polyurethane foam in
furniture and furnishings is prohibited.
Sec. 116.415 Fire control boundaries.
(a) Type and construction of fire control bulkheads and decks. (1)
Major hull structure--The hull, structural bulkheads, columns and
stanchions, superstructures, and deckhouses must be composed of steel
or equivalent material.
(2) Bulkheads and decks--Bulkheads and decks must be classed as A-
60, A-30, A-15, A-0, B-15, B-0, or C, based on the following:
(i) A-Class bulkheads or decks must be composed of steel or
equivalent material, suitably stiffened and made intact with the main
structure of the vessel, such as the shell, structural bulkheads, and
decks. They must be so constructed that, if subjected to the standard
fire test, they are capable of preventing the passage of smoke and
flame for 1 hour. In addition, they must be so insulated with approved
structural insulation, bulkhead panels, or deck covering so that, if
subjected to the standard fire test for the applicable time period
listed below, the average temperature on the unexposed side does not
rise more than 250 deg.F (139 deg.C) above the original temperature,
nor does the temperature at any one point, including any joint, rise
more than 325 deg.F (181 deg.C) above the original temperature:
A-60 Class.............................................. 60 minutes
A-30 Class.............................................. 30 minutes
A-15 Class.............................................. 15 minutes
A-0 Class............................................... 0 minutes
(ii) Penetrations in A-Class fire control boundaries for electrical
cables, pipes, trunks, ducts, etc. must be constructed to prevent the
passage of flame and smoke for one hour. In addition, the penetration
must be designed or insulated so that it will withstand the same
temperature rise limits as the boundary penetrated.
(iii) B-Class bulkheads must be constructed of noncombustible
materials and made intact from deck to deck and to shell or other
boundaries, except that a B-Class bulkhead need not extend above an
approved continuous B-Class ceiling. They must be so constructed that,
if subjected to the standard fire test, they are capable of preventing
the passage of flame for 30 minutes. In addition, their insulation
value must be such that, if subjected to the standard fire test for the
applicable time period listed below, the average temperature of the
unexposed side does not rise more than 250 deg.F (139 deg.C) above the
original temperature, nor does the temperature at any one point,
including any joint, rise more than 405 deg.F (225 deg.C) above the
original temperature:
B-15 Class.............................................. 15 minutes
B-0 Class............................................... 0 minutes
(iv) Penetrations in B-Class fire control boundaries for electrical
cables, pipes, trunks, ducts, etc. must be constructed to prevent the
passage of flame for 30 minutes. In addition, the penetration must be
designed or insulated so that it will withstand the same temperature
rise limits as the boundary penetrated.
(v) Where B-Class bulkhead panels are used, all four edges of a
panel must be retained by a continuous frame of steel or equivalent
material on both sides of the panel offering an overlap of not less
than 3/4-inch.
(vi) C-Class bulkheads and decks must be composed of noncombustible
materials.
(vii) Any sheathing, furring, or holding pieces incidental to the
securing of structural insulation must be approved noncombustible
material.
(b) Bulkhead requirements. Bulkheads between various spaces must
meet the requirements of Table 116.415(b).
Table 116.415(b)
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Spaces (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Control.............................................. (1) B-0 A-0 A-0 A-30 A-60 A-0 A-60 A-60 A-0 A-0
Passageway........................................... (2) ....... C A-0 B-15 A-0 A-0 A-0 A-15 A-0 A-0
Stairway............................................. (3) ....... ....... A-0 A-15 A-15 A-0 A-30 A-15 A-0 A-0
Accommodation........................................ (4) ....... ....... ....... B-15 A-30 A-30 A-60 A-30 A-15 A-0
High Risk Service Space.............................. (5) ....... ....... ....... ....... A-0 A-0 A-0 A-15 A-15 A-0
Low Risk Service Space............................... (6) ....... ....... ....... ....... ....... C A-0 A-0 A-0 A-0
Machinery............................................ (7) ....... ....... ....... ....... ....... ....... A-0 A-0 A-15 A-0
Cargo or Vehicle..................................... (8) ....... ....... ....... ....... ....... ....... ....... A-0 A-0 A-0
Open Deck or Embarkation Station..................... (9) ....... ....... ....... ....... ....... ....... ....... ....... A-0 A-0
Voids, Fuel Tanks, or Water Tanks.................... (10) ....... ....... ....... ....... ....... ....... ....... ....... ....... A-0
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(c) Deck requirements. Decks between various spaces must meet the
requirements of Table 116.415(c), except that where linings or bulkhead
panels are framed away from the shell or structural bulkheads, the deck
within the void space so formed need only meet A-0 Class requirements.
Table 116.415(c)
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Below: above (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Control Space........................................ (1) A-0 A-15 A-0 A-30 A-0 A-0 A-0 A-0 A-0 A-0
Passageway........................................... (2) A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0
Stairway............................................. (3) A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0
Accommodation Space.................................. (4) A-60 A-30 A-30 A-60 A-30 A-15 A-30 A-30 A-0 *A-0
High Risk Service Space.............................. (5) A-60 A-30 A-30 A-60 A-30 A-30 A-30 A-30 A-0 *A-0
Low Risk Service Space............................... (6) A-15 A-0 A-15 A-0 A-0 A-0 A-0 A-0 A-0 A-0
Machinery Space...................................... (7) A-60 A-60 A-60 A-60 A-30 A-30 A-0 A-30 A-0 *A-0
Cargo or Vehicle Space............................... (8) A-60 A-30 A-30 A-30 A-0 A-0 A-0 A-0 A-0 *A-0
Open Deck or Embarkation Station..................... (9) A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0
Voids, Fuel Tanks, or Water Tanks.................... (10) A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0 A-0
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*--Decks forming boundaries for an embarkation station must be of at least A-60 class construction.
(d) Main vertical zones. (1) The hull, superstructure, and deck
houses of a vessel, except for a vehicle space on a vehicle ferry, must
be subdivided by bulkheads into main vertical zones which:
(i) Are not more than 131 feet in length on any one deck;
(ii) Must be of at least A-30 Class construction or meet the
requirements of paragraph (b) of this section, whichever is greater;
and
(iii) May have small horizontal steps, if the steps:
(A) Do not exceed 10 feet; and
(B) Are of A-60 Class construction.
(2) Vehicle decks on a vehicle ferry must be subdivided. Where main
vertical zones are impractical due to the vehicle carrying
configuration, main horizontal zones may be provided. The decks
bounding such a zone must be of at least A-30 construction or meet the
requirements of paragraph (c) of this section, whichever is greater.
(e) Draft stops. In concealed spaces above ceilings and between
linings and the shell of a vessel, draft stops must be fitted not more
than 45 feet apart. Draft stops must be of at least B-Class
construction and be fitted in a vertical position.
Sec. 116.422 Ceilings, linings, trim, interior finish and decorations.
(a) Ceilings, linings, and any furring incidental to their
installation in control spaces, passageways, stairways, accommodation
spaces and service spaces must be of noncombustible material, except:
(1) Combustible acoustical materials listed by Underwriters
Laboratories for use in fire resistant construction and having a flame
spread rating of not more than 20 and a smoke developed rating of not
more than 10 when tested in accordance with ASTM E-84 or UL 723, may be
used as a ceiling in accommodation spaces, service spaces and control
spaces; and
(2) Gypsum wall board listed by Underwriters Laboratories for use
in fire resistant construction and having a flame spread rating of not
more than 20 and a smoke developed rating of not more than 10, when
tested in accordance with ASTM E-84 or UL 723, may be used as a lining
in accommodation spaces, service spaces and control spaces.
(b) Ceiling or lining panels must be retained by continuous flanges
of steel or equivalent material on the exposed side of the panel.
(c) Bulkheads, linings and ceilings may be covered by a combustible
interior finish provided that such a finish is:
(1) Approved under Sec. 164.012 of this chapter; or
(2) Listed by Underwriters Laboratories, does not exceed .075
inches in thickness, and has a flame spread rating of not more than 20
and a smoke developed rating of not more than 10 when tested in
accordance with ASTM E-84 or UL 723 by an independent laboratory.
(d) Combustible interior finishes, trim and decorations which do
not meet the requirements of paragraph (c) of this section are
permitted in accommodation spaces, provided:
(1) The overall thickness of the interior finish does not exceed
.075 inches; and
(2) The total volume of the combustible interior finish, trim,
mouldings and decorations in any space does not exceed a volume
equivalent to a thickness of 1/10-inch on the combined area of the
bulkheads of the space.
Sec. 116.423 Furniture and furnishings.
(a) Upholstered furniture. (1) Furniture such as chairs, sofas,
tables, and similar items must be constructed with frames of steel or
other noncombustible material.
(2) Upholstered furniture must be shown to resist ignition by
cigarettes as determined by tests conducted in accordance with NFPA
261, Standard Method of Test for Determining Resistance of Mock-Up
Upholstered Furniture Material Assemblies to Ignition by Smouldering
Cigarettes. The testing must be conducted by an independent laboratory
and the maximum allowable char length is 1.5 inches.
(b) Case furniture. Case furniture such as bookshelves, desks,
cabinets, counters, beds, or other freestanding furniture must be
constructed entirely of noncombustible materials, except that a
combustible veneer not exceeding 1/8-inch in thickness and having a
flame spread rating and smoke developed rating of not more than 100
when tested in accordance with ASTM E-84 or UL 723 by an independent
laboratory may be used on the top surface of such articles.
(c) Drapes. Draperies, curtains and other similar furnishings and
decorations must be flame resistant. These materials must be tested in
accordance with NFPA 701, and must comply with both the small and large
scale tests.
Sec. 116.425 Deck coverings.
(a) Except as provided in this section, deck coverings used for
leveling or finishing purposes in control spaces, stairway enclosures,
passageways, accommodation spaces and service spaces must be
noncombustible.
(1) Materials approved under Sec. 164.006 of this chapter may be
used in thicknesses not to exceed the approved thickness.
(2) Combustible materials not approved under Sec. 164.006 of this
chapter may be used in a thickness not to exceed \3/8\ inch.
(b) Rugs and carpet may be used in addition to deck coverings. Rugs
and carpets must be able to withstand a critical radiant flux of not
less than .45 watts/square centimeter when tested to ASTM E-648 by an
independent laboratory.
(c) Rugs and carpets must not extend up bulkheads or vertical
surfaces more than four inches above a deck.
(d) Rugs and carpets are not permitted in machinery spaces, high
risk service spaces, or in areas where the spillage or leakage of
flammable or combustible liquids is possible.
Sec. 116.427 Fire load of accommodation spaces.
(a) When the cognizant OCMI determines that the fire load present
in an accommodation space requires fire load calculations, they must be
submitted for review, via the OCMI, to the Commanding Officer, Marine
Safety Center.
(b) When required under paragraph (a) of this section, fire load
calculations must include all combustible construction and outfitting
materials in addition to all loose or freestanding combustibles
intended for use or stowage in the space. This includes but is not
limited to: Furniture, furnishings, carpets, rugs, combustible deck
coverings, draperies, combustible interior finish, electrical cable
insulation, plastic piping, light diffusers, mattresses, bedding,
lifesaving equipment, and similar materials. The maximum fire load of
an accommodation space as determined by fire load calculations must not
exceed 7.5 pounds of combustible per square foot of deck area.
Sec. 116.430 Insulation other than for structural fire protection.
(a) Combustible insulation may be used for pipe and machinery
covering or lagging within a machinery space, or used in an individual
refrigerator box if the refrigerator box was purchased with the
insulation already installed.
(b) Except as allowed by paragraph (a) of this section, any
insulation installed for purposes other than structural fire protection
and all material incidental to its installation must be noncombustible
or approved under part 164, subpart 164.009 of this chapter. Surfacing
material applied to such insulation must be noncombustible or may meet
the requirements of Sec. 116.422(c).
Sec. 116.433 Windows and air ports in fire control boundaries.
(a) Windows or air ports must be of tempered glass of at least \1/
4\ inch in thickness. The use of other glazing material such as
polycarbonate sheets may be approved by the Commandant for specific
installations.
(b) Windows or air ports in bulkheads adjacent to passageways must
not extend below a point 36 inches above the deck unless storm rails,
that are structurally independent of the glass, are fitted in the
passageway.
(c) Windows or air ports in A-Class bulkheads must be fitted with
frames of steel or equivalent material. Glazing beads or angles of
steel or equivalent material must be installed to hold glass in place
in windows or air ports in a fire control boundary in event of a fire
if:
(1) Where a steel frame is used, it is not arranged to retain the
glass in place; or
(2) A frame of aluminum or other material with low melting point is
used.
(d) A window or air port which is adjacent to an embarkation
station, escape route, or survival craft stowage must be:
(1) Of A-Class construction; or
(2) Fitted with shutters, operable from outside the space, of steel
or equivalent material.
(e) A window installed in an internal fire control boundary must
comply with the requirements of Sec. 72.05-30 of this chapter, except
that fire window frames and glazing material listed by Underwriters
Laboratories may be used in B-Class bulkheads.
(f) Windows in doors in fire control boundaries must comply with
the requirements of paragraphs (a) through (e) of this section.
Sec. 116.435 Doors.
(a) A door, other than a watertight door, must meet the
requirements of this section.
(b) A door in a fire control boundary must meet the following
requirements:
(1) A door in an accommodation space, stairway, stairtower, or
passageway must be oriented vertically.
(2) A door must be capable of operation from either side by one
person;
(3) A door in an accommodation space, stairway, stairtower,
passageway, or control space must open in the direction of escape,
where practicable;
(4) Combustible veneers may be used on doors subject to the same
restrictions as the fire control boundary in which the doors are
fitted;
(5) Door frames must be of rigid construction and provide at least
a \1/2\ inch overlap at the sides and top, except:
(i) Double doors capable of independent operation and latching may
have a clearance between the doors of not more than \1/8\ inch.
However, if one door must always be closed first, an astragal strip of
at least \1/2\ inch overlap must be provided for the second door; and
(ii) A double swing door, may have a clearance of not more than \1/
8\ inch at the top and sides;
(6) The maximum width of an individual door must not exceed 48
inches; and
(7) Hose ports, if fitted, must be in the lower corner of the door
opposite the hinge so a hose may pass through the doorway when the door
is open and still allow the door to close over the hose. The hose port
should be approximately 6 inches square. A self-closing hinged or
pivoted steel or equivalent material cover must be fitted in the
opening.
(c) Doors in A-Class fire control boundaries must meet the
following additional requirements:
(1) A door in a bulkhead required to be A-60, A-30, or A-15 Class
must be of hollow steel or equivalent material construction, solidly
filled with approved structural insulation, and capable of meeting the
requirements of an A-15 Class bulkhead;
(2) A door in a bulkhead required to be A-0 Class must be of solid
or hollow steel or equivalent material construction, and capable of
meeting the requirements of an A-0 Class bulkhead;
(3) A door must have a latch with a minimum throw of \3/4\-inch;
(4) A door must not have vent grilles or louvers;
(5) A door must not be undercut more than \1/2\-inch above the door
sill or deck covering. Rugs and carpets must not pass through doorways,
but linoleum and similar deck coverings may;
(6) A door in a stairtower, stairway, and main vertical zone
bulkhead must meet the following additional requirements:
(i) A door must be of the self-closing type capable of closing
against a 3.5 deg. list of the vessel; and
(ii) Holdback hooks are not allowed. If installed, a hold back
mechanism for a door must allow the door to be released:
(A) Locally;
(B) Upon a signal from a control space; and
(C) Upon disruption of the power system.
(7) Horizontal doors are allowed only for access to spaces that are
accessible only to crew members and are used only by crew members,
subject to the following requirements:
(i) The door must be self-closing with a closure time of not less
than 5 seconds and not more than 10 seconds, and be capable of closing
against a 3.5 deg. list of the vessel;
(ii) Holdback hooks are not allowed. If installed, a holdback
mechanism for a door must allow the door to be released:
(A) Locally;
(B) Upon a signal from a control space; and
(C) Upon disruption of the power system.
(iii) The forces required to fully open the door must not exceed 5
pounds to release the latch, 10 pounds to set the door in motion, and 5
pounds to open the door to the width of the stairway; and
(iv) The door latch must be capable of keeping the door closed when
a pressure of 0.01 psi is applied to the underside of the door.
(8) Double swing doors must not be used in any bulkhead except
between a food preparation space, such as a galley or pantry, and a
messroom or dining room; and
(9) A door opening onto weather decks must meet the requirements of
paragraphs (c)(1) or (c)(2) of this section or may be composed of
hardwood of not less than 1.75 inches in thickness.
(d) Doors in B-Class fire control boundaries must meet the
following requirements in addition to those in paragraph (b) of this
section:
(1) A door must be of solid or hollow steel or equivalent material
construction, or must be of noncombustible material and be specifically
approved by the Commandant;
(2) A door must have a latch with a minimum throw of \3/8\-inch;
and
(3) A door must not be undercut more than 1 inch above the door
sill or deck covering. Rugs and carpets must not pass through doorways
but linoleum and similar coverings may.
(e) A door in a C-Class bulkhead must be of noncombustible
material.
(f) A door used for decorative purposes, and which is not required
to comply with paragraphs (b) through (e) of this section, must be
constructed of noncombustible material or hardwood, must not interfere
with the normal operation of the required doors, and must open in the
same direction as the required doors. Decorative doors must not be used
in stairways or stairtowers.
Sec. 116.438 Stairtowers, stairways, ladders, and elevators.
(a) Stairways, stairtowers, ladders, elevators, and landings must
be composed of steel and be of sufficient strength to sustain a load of
100 pounds per square foot with a safety factor of 4 in the design.
(b) A stairway or stairtower must be fitted with handrails on both
sides at a vertical height above the tread at its nosing of between 33
and 36 inches. A stairway or stairtower of more than 66 inches in width
must also be fitted with a center handrail.
(c) A handrail fitted in a stairtower, stairway, landing, ladder,
or elevator must be constructed of noncombustible material.
(d) A stairway or stairtower must be clear of all obstructions
other than handrails.
(e) Curved, spiral, or winding stairways are not permitted without
the specific approval of the Commandant.
(f) Differences in the depth of tread or height of riser of stairs
in different flights of stairs in a stairway or stairtower must be
minimized. In an individual flight of stairs in a stairway or
stairtower, the depth of the tread and the height of riser must not
vary.
(g) In a stairway or stairtower, the sum of the riser height and
tread depth must be at least 17 inches and not more than 18 inches. A
stairway or stairtower having treads less than 10 inches in depth must
have a nosing of \1/2\-inch in width.
(h) Landings for stairways and stairtowers must meet the following
requirements:
(1) A clear landing having an area at least equal to the square of
the tread width must be provided at the top and bottom of each
stairway; and
(2) Any interruption or change of direction in a stairway must be
accomplished by means of an intermediate landing of a width and length
at least equal to the tread width of the stairway.
(i) A stairway or stairtower must not have an angle of inclination
from the horizontal of more than 40 degrees. However, stairways
accessing spaces visited solely by crew members must not have an angle
of inclination from the horizontal of more than 50 degrees.
(j) Where a continuous vertical deck penetration for a stairway or
elevator exceeds one deck, the integrity of all decks must be assured
by enclosure bulkheads and decks meeting the requirements of
Secs. 116.415(b) and 116.415(c). Doors meeting the requirements of
Secs. 116.435(b) and 116.435(c) must be fitted in the enclosure at each
deck serviced.
(k) Where a vertical deck penetration for a stairway or elevator
involves only one deck, the integrity of the deck must be assured as
required by paragraph (j) of this section. Alternatively the integrity
of the deck may be maintained at one level only by means of bulkheads
of the same fire control boundary rating as the deck penetrated. A door
meeting the requirements of Secs. 116.435(b) and 116.435(c) must be
fitted in the enclosure. In spaces containing a balcony, the integrity
of the balcony deck in the way of stairways or elevators need not be
assured. However, such stairways must not be considered to be a means
of escape.
(l) Each main vertical zone must be served by at least one
stairtower, so that a person may escape from any accommodation space or
any other space where persons may be normally quartered or employed, to
all other decks having any such spaces within the same main vertical
zone, without coming out of the stairtower enclosure. Each stairtower
must give access to the embarkation deck, an embarkation station, or an
area of refuge identified in the emergency escape plan required by
Sec. 116.520. Where a stairtower is accessible from two main vertical
zones, it may be considered as the required stairtower for both main
vertical zones provided all boundaries of the stairtower meet main
vertical zone boundary requirements contained in Sec. 116.415. Insofar
as is reasonable and practicable, stairtowers shall not give direct
access to cabins, service lockers, service spaces, machinery spaces, or
other enclosed spaces in which a fire is likely to originate.
(m) The minimum tread width of a stairway or stairtower must be
0.333 inches for each person served, but must not be less than 36
inches. However, in stairways accessing spaces visited solely by crew
members, the minimum tread width must be 0.333 inches for each person
served, but not less than 28 inches.
(1) The minimum tread width of a stairway or stairtower must be
determined for each deck considering only those persons on that deck,
except as provided in paragraph (m)(3) of this section. Once a minimum
tread width has been established at any deck, it must not be decreased
in the direction of escape.
(2) In determining the number of persons served, a space must be
considered to contain at least the number of persons as follows:
(i) Passenger overnight accommodation spaces: Designed capacity;
(ii) Accommodation spaces having fixed seating for passengers:
Maximum seating capacity;
(iii) Public spaces, including spaces such as casinos, restaurants,
club rooms, and cinemas, and public accommmodation spaces as defined in
Sec. 114.400, except overnight accommodation spaces: One person for
each 10 square feet of deck area. In computing such deck area, the
following areas must be excluded:
(A) Obstructions, including stairway and elevator enclosures,
elevated stages, bars, and cashier stands, but not including slot
machines, tables, or other room furnishings;
(B) Areas for which the number of persons permitted is determined
using the fixed seating criterion;
(C) Toilets and washrooms;
(D) Interior passageways less than 34 inches wide and passageways
on open deck less than 28 inches wide;
(E) Spaces necessary for handling lifesaving equipment, anchor
handling equipment, or line handling gear, or in way of sail booms or
running rigging; and
(F) Bow pulpits, swimming platforms, and areas which do not have a
solid deck, such as netting on multi hull vessels;
(iv) Crew overnight accommodation spaces: Two-thirds designed
capacity; and
(v) Work spaces: Occupancy under normal operating conditions.
(3) If a stairway forms part of a normal embarkation or debarkation
route, the number of persons using the stairway for that purpose must
be used in determining the minimum tread width.
(4) If more than one stairtower serves a main vertical zone, the
number of persons in that main vertical zone may be distributed among
the stairtowers.
Sec. 116.439 Balconies.
(a) An accommodation space containing a balcony must meet the
requirements of this section.
(b) Each level of a space containing a balcony must have two
independent means of escape that meet the requirements of Sec. 116.500.
(c) Each level of a space containing a balcony must be adequately
protected by the smoke actuated fire detecting system required by
Sec. 118.400 of this subchapter.
(d) For the purpose of main vertical zone bulkhead spacing
requirements, the length of the space to which the balcony is open will
be considered increased by an amount equal to the gross area of the
balcony divided by the average width of the space. If this equivalent
main vertical zone length exceeds that specified in
Sec. 116.415(d)(1)(i), the space may alternatively meet the
requirements for an atrium in Sec. 116.440 as long as the actual length
of the space does not exceed the main vertical zone maximum length
specified in Sec. 116.415(d)(1)(i).
Sec. 116.440 Atriums.
(a) The maximum fire load within an atrium and in spaces opening
into the atrium must not be more than 1.5 pounds of combustible per
square foot of deck area.
(b) The entire main vertical zone containing an atrium must be
protected throughout with a smoke detection system of an approved type
and must be installed in accordance with Sec. 76.33 of this chapter.
(c) The entire main vertical zone containing an atrium must be
protected with an automatic sprinkler system meeting the requirements
of Sec. 76.25 of this chapter.
(d) The atrium must be provided with a smoke extraction system
capable of exhausting the entire volume of the space within 10 minutes.
The smoke extraction system must be capable of being activated by both
the smoke detection system and by manual control, and designed with
sufficient plenum air openings to prevent excessive negative air
pressure in the atrium.
(e) Each level within the atrium must have two independent means of
escape that comply with Sec. 116.500. At least one of the means of
escape must be a stairtower.
Subpart E--Escape and Embarkation Station Requirements
Sec. 116.500 Means of escape.
(a) Except as otherwise provided in this section, each space
accessible to passengers or used by the crew on a regular basis, must
have at least two means of escape, one of which must not be a
watertight door.
(b) The two required means of escape must be widely separated and,
if possible, at opposite ends or sides of the space to minimize the
possibility of one incident blocking both escapes.
(c) At least one means of escape from each space must provide a
satisfactory route to an embarkation station required by Sec. 116.510.
(d) Subject to the restrictions of this section, means of escape
may include normal exits and emergency exits, passageways, stairways,
ladders, deck scuttles, and windows.
(e) The number and dimensions of the means of escape from each
space must be sufficient for rapid evacuation in an emergency for the
number of persons served as determined using Sec. 116.438(m)(2).
(f) The dimensions of a means of escape must be such as to allow
easy movement of persons when wearing lifejackets. There must be no
protrusions in means of escape which could cause injury, ensnare
clothing, or damage lifejackets.
(g) The minimum clear opening of a door or passageway used as a
means of escape must not be less than 32 inches in width. The sum of
the width of all doors and passageways used as means of escape from a
space must not be less than 0.333 inches multiplied by the number of
passengers for which the space is designed.
(h) A dead end passageway, or the equivalent, of more than 20 feet
in length is prohibited.
(i) The maximum allowable travel distance from the most remote
point in a space to the nearest means of escape must not be more than
be 150 feet.
(j) Each door, hatch, or scuttle, used as a means of escape, must
be capable of being opened by one person, from either side, in both
light and dark conditions. The method of opening a means of escape must
be obvious, rapid, and of adequate strength. Handles and securing
devices must be permanently installed and not capable of being easily
removed. A door, hatch or scuttle must open towards the expected
direction of escape from the space served.
(k) A means of escape which is not readily apparent to a person
from both inside and outside the space must be adequately marked.
(l) A ladder leading to a deck scuttle may not be used as a means
of escape except:
(1) On a vessel of not more than 65 feet in length, a vertical
ladder and a deck scuttle may be used as not more than one of the means
of escape from a passenger accommodation space; and
(2) As not more than one of the means of escape from any crew
accommodation space or work space.
(m) Each ladder used as a means of escape must be mounted at least
7 inches from the nearest permanent object in back of the ladder. Rungs
must be:
(1) At least 16 inches in width;
(2) Not more than 12 inches apart, and uniformly spaced for the
length of the ladder with at least 4.5 inches clearance above each
rung.
(n) When a deck scuttle serves as a means of escape, it must not be
less than 18 inches in diameter and must be fitted with a quick acting
release and a holdback device to hold the scuttle in an open position.
(o) Footholds, handholds, ladders, and similar means provided to
aid escape, must be suitable for use in emergency conditions, of rigid
construction, and permanently fixed in position, unless they can be
folded, yet brought into immediate service in an emergency.
(p) On a vessel of not more than 65 feet in length, a window or
windshield of sufficient size and proper accessibility may be used as
one of the required means of escape from an enclosed space, provided
it:
(1) Does not lead directly overboard;
(2) Can be opened or is designed to be kicked or pushed out; and
(3) Is suitably marked.
(q) Only one means of escape is required from a space where:
(1) The maximum dimension (length, breadth, or depth) of a space is
less than l2 feet;
(2) There is no stove, heater, or other source of fire in the
space;
(3) The means of escape is located as far as possible from a
machinery space or fuel tank; and
(4) If an accommodation space, the single means of escape does not
include a deck scuttle or a ladder.
(r) Alternative means of escape from spaces may be provided if
acceptable to the cognizant OCMI.
Sec. 116.510 Embarkation stations.
(a) A vessel must have at least two designated embarkation stations
on the embarkation deck of each main vertical zone, and at least one on
each side of the vessel.
(b) Embarkation stations and approaches thereto must:
(1) Be areas that are easily traversed;
(2) Be provided with handholds; and
(3) Be well illuminated.
(c) Each embarkation station must be arranged to allow the safe
boarding of survival craft. They must not be located in areas where
rolling of the vessel could cause contact between the propeller(s) and
survival craft. Bulwarks, handrails, and lifelines must be fitted with
openings that are normally closed but which may be opened while
survival craft are being boarded, allowing passengers to pass through
rather than climb over.
Sec. 116.520 Emergency evacuation plan.
The owner or managing operator shall prepare an evacuation plan
which must:
(a) Identify possible casualties involving fires or flooding,
including a fire in the largest capacity passenger space in each main
vertical zone;
(b) Provide procedures for evacuating all affected spaces in the
event of possible fire or flooding in the largest capacity passenger
space in each main vertical zone, without abandoning the vessel,
including:
(1) Identify readily accessible areas of refuge for the maximum
number of persons allowed aboard the vessel. The capacity for an area
of refuge may not exceed the number of persons specified in
Sec. 116.438(m)(2), except that one person may be permitted for each 5
square feet of deck area in public spaces; and
(2) Identify at least two escape routes from the space being
evacuated to the embarkation deck, embarkation station, or an area of
refuge; and
(c) Include procedures to evacuate passengers from the vessel using
an abandon ship plan, considering the number of passengers and the
vessel's route. The abandon ship plan must identify at least one escape
route from each area of refuge to each embarkation station required by
Sec. 116.510.
Sec. 116.530 Fire control plan.
A fire control plan must be posted on the vessel in a location that
is accessible and visible to all passengers. The plan must show escape
routes, embarkation stations, the location of fire protection/emergency
equipment, compartment titles and hazard classification of
accommodation and service spaces, and structural fire protection
boundaries.
Subpart F--Ventilation
Sec. 116.600 Ventilation of enclosed and partially enclosed spaces.
(a) An enclosed or partially enclosed space within a vessel must be
adequately ventilated in a manner suitable for the purpose of the
space.
(b) Ventilation openings serving enclosed or partially enclosed
spaces, including openings in ventilation ducts and pipes, ventilators,
and louvers must:
(1) Be above the main deck;
(2) Not penetrate the sideshell or the outboard side of the
bulwarks of the vessel;
(3) If located along the inner periphery of bulwarks, be:
(i) Located as high as possible in the side of the cockpit or well;
and
(ii) Be not more than 2 inches in height; and
(4) When determined necessary by the OCMI, be fitted with closure
devices suitable for preventing the entry of water in adverse weather
conditions.
(c) A power ventilation system must be capable of being shut down
from the pilot house.
(d) An enclosed crew accommodation space and any other space
occupied by a crew member on a regular basis must be ventilated by a
power ventilation system unless natural ventilation in all ordinary
weather conditions is satisfactory to the OCMI.
(e) An enclosed passenger accommodation space must be ventilated by
a power ventilation system unless smoking is prohibited and natural
ventilation in all ordinary weather conditions is satisfactory to the
OCMI.
(f) An exhaust duct over a frying vat or a grill must be fitted
with an automatic fire damper as defined in Sec. 116.610(f)(5).
(g) Electrical wiring, piping, combustibles and other foreign
materials are not allowed within ventilation ducts.
Sec. 116.610 Ventilation ducts.
(a) For the purposes of this section, a ventilation duct includes
any type of piping, chamber, or conduit used for ventilation.
(b) A ventilation duct, and materials incidental to its
installation, must be made of noncombustible material.
(c) Suitable means, such as a manual damper, automatic damper, or
vent cover, must be provided in an accessible location outside the
space served by the ventilation duct for shutting off the passage of
air through the ventilation duct in the event of fire.
(d) A ventilation duct must not serve more than one main vertical
zone; penetrations of main vertical zones must be minimized.
(e) A ventilation duct penetrating an A-Class or B-Class fire
control boundary must meet the following requirements:
(1) A ventilation duct must meet the same requirements relative to
the passage of smoke and flame as the fire control boundary penetrated;
(2) A steel duct penetrating an A-Class fire control boundary must
be of at least 11 U.S. Standard Guage (USSG), and a steel duct
penetrating a B-Class bulkhead or deck must be of at least 16 USSG;
(3) A duct which is not steel must be fitted with a steel sleeve at
each A-Class or B-Class fire control boundary penetrated. The sleeves
must extend at least 18 inches on each side of the penetration and be
of the same thickness required for steel ducts;
(4) A duct penetrating a main vertical zone bulkhead must be fitted
with an automatic fire damper at the main vertical zone bulkhead;
(5) A duct penetrating an A-Class fire control boundary and opening
into a space formed by that boundary must be equipped with a fire
damper;
(6) A steel duct which penetrates an A-Class fire control boundary
other than a main vertical zone bulkhead, and does not open within the
space formed by the boundary need not be fitted with a fire damper
provided the duct is at least 11 USSG throughout that space; and
(7) A duct penetrating an insulated fire control boundary must be
fitted with insulation of the same type and thickness as the boundary
penetrated for a distance of at least 12 inches on the insulated side
of the boundary. A fire damper blade need not be insulated.
(8) Ducts serving cargo spaces, machinery spaces, or vehicle spaces
must be fitted with automatic fire dampers.
(f) Fire dampers, where required by this section, must comply with
the following requirements:
(1) A fire damper and casing must be at least 11 USSG and have not
more than \1/8\-inch gap between the blade and casing;
(2) A fire damper must close against the draft in the duct and be
accessible for periodic inspection by means of a hinged or bolted plate
in the duct;
(3) Fire damper springs, blades, and hinges must be of stainless
steel construction or of steel suitably coated to prevent corrosion;
and
(4) Fire dampers must be capable of manual operation from outside
the space served, be fitted with an indicator showing whether the
damper is open or closed, and be marked with red letters of at least
\1/2\-inch in height stating ``VENTILATION FIRE DAMPER.''
(5) An automatic fire damper must meet the above requirements and
must be designed to operate at 165 deg.F for normal locations and
approximately 212 deg.F for locations such as galleys.
(g) A ventilation duct serving a stairtower must not serve another
space.
(h) A stairway or a stairtower must not serve as an air return for
another space.
(i) A duct in a bulkhead or overhead designed for the passage of
air from one space to another (i.e., a ``jumper duct'') is prohibited.
(j) The use of concealed spaces as return ventilation plenums or
ducts is prohibited. Ventilation air return must be by ducts.
Sec. 116.620 Ventilation of machinery and fuel tank spaces.
In addition to the requirements of this subpart, ventilation
systems for spaces containing machinery or fuel tanks must comply with
the requirements of part 119 of this subchapter.
Subpart G--Crew Spaces
Sec. 116.700 General requirements.
(a) A crew accommodation space and a work space must be of
sufficient size, adequate construction, and with suitable equipment to
provide for the safe operation of the vessel and the protection and
accommodation of the crew in a manner practicable for the size,
facilities, service, route, speed, and modes of operation of the
vessel.
(b) The deck above a crew accommodation space must be located above
the deepest load waterline.
Sec. 116.710 Overnight accommodations.
(a) Overnight accommodations must be provided for all crew members
if the vessel is operated more than 12 hours in a 24 hour period,
unless the crew is put ashore and the vessel is provided with a new
crew.
(b) Overnight accommodations for crew members are required on
vessels with crews which remain aboard more than 12 hours in any 24
hour period.
Sec. 116.730 Crew accommodations on vessels of more than 65 feet in
length with overnight accommodations for more than 49 passengers.
A crew accommodation space on a vessel of more than 65 feet in
length with overnight accommodations for more than 49 passengers must
comply with Secs. 72.20-10 (a), (b), (d), and (e); 72.20-15; 72.20-
20(c)(1); 72.20-25(a) and (d); 72.20-30; 72.20-35; 72.20-45; 72.20-50;
and 72.20-55 of this chapter.
Subpart H--Passenger Accommodations
Sec. 116.800 General requirements.
(a) All passenger accommodations must be arranged and equipped to
provide for the safety of the passengers in consideration of the route,
modes of operation, and speed of the vessel.
(b) The height of ceilings in a passenger accommodation space,
including aisles and passageways, must be at least 74 inches, but may
be reduced at the sides of a space to allow for camber, wiring,
ventilation ducts, and piping.
(c) A passenger accommodation space must be maintained to minimize
fire and safety hazards and to preserve sanitary conditions. Aisles
must be kept clear of obstructions.
(d) A passenger accommodation space must not contain:
(1) Electrical equipment, high temperature parts, pipelines,
rotating assemblies, or any other item which could injure a passenger,
unless such an item is adequately shielded or isolated; or
(2) A control for operating the vessel, unless the control is so
protected and located that operation of the vessel by a crew member
will not be impeded by a passenger during normal or emergency
operations.
(e) The deck above a passenger accommodation space must be located
above the deepest load waterline.
(f) A variation from a requirement of this subpart may be
authorized by the cognizant OCMI for an unusual arrangement or design
provided there is no significant reduction of space, accessibility,
safety, or sanitation.
Sec. 116.810 Overnight accommodations.
(a) A berth must be provided for each passenger authorized to be
carried in overnight accommodation spaces. Each berth must measure at
least 74 inches by 24 inches and have at least 24 inches of clear space
above.
(b) Berths must not be located more than three high and must be
constructed of wood, fiber reinforced plastic, or metal. A berth
located more than 60 inches above the deck must be fitted with a
suitable aid for access.
(c) The construction and arrangement of berths and other furniture
must allow free and unobstructed access to each berth. Each berth must
be immediately adjacent to an aisle leading to a means of escape from
the accommodation space. An aisle alongside a berth must be at least 24
inches wide. An aisle joining two or more aisles in an overnight
accommodation space must be at least 42 inches wide.
Sec. 116.820 Seating.
(a) A seat must be provided for each passenger permitted in a space
for which the fixed seating criterion in Sec. 115.113(b)(3) of this
subchapter has been used to determine the number of passengers
permitted.
(b) A seat must be constructed to minimize the possibility of
injury and avoid trapping occupants.
(c) Installation of seats must provide for ready escape.
(d) Seats, including fixed, temporary, or portable seats, must be
arranged as follows:
(1) An aisle of not more than 15 feet in overall length must be not
less than 24 inches in width.
(2) An aisle of more than 15 feet in overall length must be not
less than 30 inches in width.
(3) Where seats are in rows, the distance from seat front to seat
front must be not less than 30 inches and the seats must be secured to
a deck or bulkhead.
(4) Seats used to determined the number of passengers permitted, in
accordance with Sec. 115.113(b)(3) of this subchapter, must be secured
to the deck, bulkhead, or bulwark by permanent or temporary means.
Subpart I--Rails and Guards
Sec. 116.900 Deck rails.
(a) Except as otherwise provided in this section, rails or
equivalent protection must be installed near the periphery of all decks
of a vessel accessible to passengers or crew. Equivalent protection may
include lifelines, wire rope, chains, and bulwarks, which provide
strength and support equivalent to fixed rails. Deck rails must include
a top rail with the minimum height required by this section, and lower
courses or equivalent protection as required by this section.
(b) Deck rails must be designed and constructed to withstand a
point load of 200 pounds (91 kilograms) applied at any point in any
direction, and a uniform load of 50 pounds per foot (74 kilograms per
meter) applied to the top rail in any direction. The point and uniform
loads do not need to be applied simultaneously.
(c) Where space limitations make deck rails impractical for areas
designed for crew use only, such as at narrow catwalks in way of
deckhouse sides, hand grabs may be substituted.
(d) The height of top rails required by paragraph (a) of this
section must be as follows:
(1) Rails on passenger decks of a ferry or a vessel engaged in
excursion trips, including but not limited to sightseeing trips, dinner
and party cruises, and overnight cruises, must be at least 39.5 inches
high.
(2) Rails on a vessel subject to the 1966 International Convention
on Loadlines must be at least 39.5 inches high.
(3) All other rails must be at least 36 inches high.
(e) A sailing vessel, an open boat, or any other vessel not
specifically covered elsewhere in this section, must have rails of a
minimum height or equivalent protection as considered necessary by the
cognizant OCMI, based on the vessel's operation, route, and seating
arrangement.
(f) Rail courses or an equivalent must be installed between a top
rail required by paragraph (a) of this section and the deck so that no
open space exists which is more than 12 inches high, except:
(1) On passenger decks of a ferry or of a vessel on an excursion
trip the following must be installed:
(i) Bulwarks;
(ii) Chain link fencing or wire mesh which has openings of not more
than 4 inches in diameter; or
(iii) Bars, slats, rail courses, or an equivalent spaced at
intervals of not more than 4 inches.
(2) On a vessel subject to the 1966 International Convention on
Loadlines, rail courses, or an equivalent, must be installed so that
there is not an open space higher than 9 inches from the deck to the
first rail course or equivalent.
(g) Rails must be permanently installed except that the following
rails may be removable:
(1) Rails in way of embarkation stations and boarding locations;
and
(2) Rails on a vessel when the service of the vessel is routinely
changed, as determined by the cognizant OCMI, and the required top rail
height varies depending on the service of the vessel at a particular
time.
Sec. 116.920 Storm rails.
Suitable storm rails or hand grabs must be installed where
necessary in passageways, at deckhouse sides, and at ladders and
hatches.
Sec. 116.940 Guards in vehicle spaces.
On a vessel authorized to carry one or more vehicles, suitable
chains, cables, or other barriers must be installed at the end of each
vehicle runway. In addition, temporary rails or equivalent protection
must be installed in way of each vehicle ramp, in compliance with
Sec. 116.900, when the vessel is underway.
Sec. 116.960 Guards for exposed hazards.
An exposed hazard, such as gears or rotating machinery, must be
protected by a cover, guard, or rail.
Sec. 116.970 Protection against hot piping.
Piping, including valves, pipe fittings and flanges, conveying
vapor, gas, or liquid, the temperature of which exceeds 150 deg.F, must
be insulated where necessary to prevent injuries.
Subpart J--Window Construction and Visibility
Sec. 116.1010 Safety glazing materials.
Glass and other glazing material used in windows must be of
material which will not break into dangerous fragments if fractured.
Sec. 116.1020 Strength.
Each window, port hole, and its means of attachment to the hull or
deck house, must be capable of withstanding the maximum load from wave
and wind conditions expected due to its location on the vessel and the
authorized route of the vessel.
Sec. 116.1030 Operating station visibility.
(a) Windows and other openings at the operating station must be of
sufficient size and properly located to provide an adequate view for
safe navigation in all operating conditions.
(b) Glass or other glazing material used in windows at the
operating station must have a light transmission of not less than 70
percent according to Test 2 of ANSI Z 26.1, and must comply with Test
15 of ANSI Z 26.1 for Class I Optical Deviation.
Subpart K--Drainage and Watertight Integrity of Weather Decks
Sec. 116.1110 Drainage of flush deck vessels.
(a) Except as provided in paragraph (b) of this section, the
weather deck on a flush deck vessel must be watertight and have no
obstruction to overboard drainage.
(b) Each flush deck vessel may have solid bulwarks in the forward
one-third length of the vessel if:
(1) The bulwarks do not form a well enclosed on all sides; and
(2) The foredeck of the vessel has sufficient sheer to ensure
drainage aft.
Sec. 116.1120 Drainage of cockpit vessels, well deck vessels, and open
boats.
Drainage of cockpit vessels, well deck vessels, and open boats must
meet the applicable requirements of Secs. 178.420, 178.430, 178.440,
178.450 of this chapter.
Sec. 116.1160 Watertight integrity.
(a) A hatch exposed to the weather must be watertight, except that
the following hatches may be weathertight:
(1) A hatch on a watertight trunk that extends at least 12 inches
above the weather deck;
(2) A hatch in a cabin top; and
(3) A hatch on a vessel that operates only on protected waters.
(b) A hatch cover must:
(1) Have securing devices; and
(2) Be attached to the hatch frame or coaming by hinges, captive
chains, or other devices of substantial strength to prevent its loss.
(c) A hatch cover that provides access to accommodation spaces must
be operable from either side.
(d) A weathertight door must be provided for each opening located
in a deck house or companionway. Permanent watertight coamings must be
provided as follows:
(1) On a vessel on an exposed or partially protected route, a
watertight coaming with a height of at least 6 inches must be provided
under each weathertight door in a cockpit or a well, or on the main
deck of a flush deck vessel.
(2) On a vessel on a protected route, a watertight coaming with a
height of at least 3 inches must be provided under each weathertight
door in a cockpit or a well.
(3) The height of the watertight coaming for a hinged watertight
door, need only be sufficient to accommodate the door.
Subpart L--Ballast Systems
Sec. 116.1200 Ballast.
(a) Any solid fixed ballast used to comply with the requirements of
parts 170 and 171 of this chapter must be:
(1) Stowed in a manner that prevents shifting of the ballast; and
(2) Installed to the satisfaction of the cognizant OCMI.
(b) Solid fixed ballast may not be located forward of the collision
bulkhead unless the installation and arrangement of the ballast and the
collision bulkhead minimizes the risk of the ballast penetrating the
bulkhead in a collision.
(c) Solid fixed ballast may not be removed from a vessel or
relocated unless approved by the cognizant OCMI except that ballast may
be temporarily moved for a vessel examination or repair if it is
replaced to the satisfaction of the OCMI.
(d) Water ballast, either as an active system or permanent, must be
approved by the Commanding Officer, Marine Safety Center.
PART 117--LIFESAVING EQUIPMENT AND ARRANGEMENTS
Subpart A--General Provisions
Sec.
117.10 Applicability to vessels on an international voyage.
117.15 Applicability to existing vessels.
117.25 Additional requirements.
Subpart B--Emergency Communications
117.64 Emergency Position Indicating Radiobeacons (EPIRB).
117.68 Distress flares and smoke signals.
Subpart C--Life Buoys and Lifejackets
117.70 Ring life buoys.
117.71 Lifejackets.
117.72 Personal flotation devices carried in addition to
lifejackets.
117.75 Lifejacket lights.
117.78 Stowage of lifejackets.
Subpart D--Survival Craft Arrangements and Equipment
117.130 Stowage of survival craft.
117.137 Stowage of life floats and buoyant apparatus.
117.150 Survival craft embarkation arrangements.
117.175 Survival craft equipment.
Subpart E--Number and Type of Survival Craft
117.200 Survival craft--general.
117.202 Survival craft--vessels operating on oceans routes.
117.204 Survival craft--vessels operating on coastwise routes.
117.206 Survival craft--vessels operating on Great Lakes routes.
117.207 Survival craft--vessels operating on lakes, bays, and sounds
routes.
117.208 Survival craft--vessels operating on rivers routes.
117.210 Rescue boats.
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Subpart A--General Provisions
Sec. 117.10 Applicability to vessels on an international voyage.
A vessel on an international voyage must meet the requirements in
subchapter H of this chapter for passenger vessels.
Sec. 117.15 Applicability to existing vessels.
An existing vessel must comply with the requirements of this part
except as otherwise specified by this section.
(a) Before [date 5 years after effective date of the final rule] or
10 years after the vessel's keel was laid or the vessel was at a
similar stage of construction, whichever is later, an existing vessel
may comply with the requirements in effect for the vessel prior to
[effective date of the final rule] for the number and type of survival
craft, stowage arrangements, and launching appliances for survival
craft.
(b) On or before [date 5 years after effective date of the final
rule] or 10 years after the vessel's keel was laid or the vessel was at
a similar stage of construction, whichever is later, an existing vessel
must:
(1) Be equipped with the number of survival craft required for its
route under Secs. 117.202, 117.204, 117.206, 117.207, or 117.208, as
applicable; and
(2) Comply with the stowage and launching appliance requirements
for survival craft in Secs. 117.130 through 117.150.
(c) Each inflatable liferaft, inflatable buoyant apparatus, life
float, and buoyant apparatus on the vessel on [effective date of the
final rule], may be used to meet the requirements of this part as long
as the survival craft is in good and serviceable condition.
(d) When any lifesaving equipment on a vessel is replaced or a
vessel undergoes repairs, alterations, or modifications of a major
character involving replacement of, or any addition to, the existing
lifesaving equipment, each new piece of lifesaving equipment must meet
this part.
(e) A combination flare and smoke distress signal approved under
Sec. 160.023 of this chapter may be used on an existing vessel until
the expiration date of the distress signal but no later than [3 years
after effective date of the final rule] as one of the distress signals
required by Sec. 117.68.
(f) Until February 1, 1999, a Coast Guard approved 121.5/243 MHz
Class A Emergency Position Indicating Radiobeacon (EPIRB) may be used
to meet the requirement for an EPIRB under Sec. 117.64, if the EPIRB:
(1) Is operable;
(2) Is installed to automatically float-free and activate;
(3) Was manufactured on or after October 1, 1988; and
(4) Was installed on the vessel on or before [date 45 days after
effective date of the final rule].
(g) Until February 1, 1999, an FCC Type Accepted VHF-FM Class C
EPIRB may be used to meet the requirement for an EPIRB on a vessel
operating on a Great Lakes route under Sec. 117.64, if the EPIRB:
(1) Is operable; and
(2) Was installed on the vessel on or before [date 45 days after
effective date of the final rule].
(h) Until [date 1 year after effective date of the final rule], an
existing vessel on a coastwise route operating not more than 20
nautical miles from a harbor of safe refuge, need not comply with
Sec. 117.64.
(i) An existing vessel need not comply with Sec. 117.78(a)(4).
(j) An existing vessel must comply with either Sec. 117.210 or with
the regulations for rescue boats that were in effect for the vessel
prior to [effective date of the final rule].
Sec. 117.25 Additional requirements.
(a) Each item of lifesaving equipment carried on board a vessel but
not required under this part, must be of an approved type meeting the
specifications for lifesaving equipment in subchapter Q of this
chapter.
(b) The cognizant OCMI may require a vessel to carry specialized or
additional lifesaving equipment if:
(1) The OCMI determines the conditions of the voyage render the
requirements of this part inadequate; or
(2) The vessel is operated in Arctic, Antarctic, or other severe
conditions not covered under this part.
Subpart B--Emergency Communications
Sec. 117.64 Emergency Position Indicating Radiobeacons (EPIRB).
Each vessel which operates on the high seas, or which operates
beyond three miles from the coastline of the Great Lakes, must have on
board a FCC Type Accepted Category 1 406 MHz EPIRB, installed to
automatically float free and activate.
Sec. 117.68 Distress flares and smoke signals.
(a) Oceans, coastwise, and Great Lakes routes. A vessel on an
oceans, coastwise, or Great Lakes route must carry:
(1) Six hand red flare distress signals approved under part 160,
subpart 160.021 of this chapter; and
(2) Six hand orange smoke distress signals approved under part 160,
subpart 160.037 of this chapter.
(b) Lakes, bays, and sounds, and rivers routes. A vessel on a
lakes, bays, and sounds, or rivers route must carry:
(1) Three hand red flare distress signals approved under part 160,
subpart 160.021 of this chapter; and
(2) Three hand orange smoke distress signals approved under part
160, subpart 160.037 of this chapter.
(c) Substitutions. (1) A rocket parachute flare approved under part
160, subpart 160.036 of this chapter may be substituted for any of the
hand red flare distress signals required under paragraph (a) or (b) of
this section.
(2) One of the following may be substituted for any of the hand
orange smoke distress signals required under paragraph (a) or (b) of
this section:
(i) A rocket parachute flare approved under part 160, subpart
160.036 of this chapter.
(ii) A hand red flare distress signal approved under part 160,
subpart 160.021 of this chapter.
(iii) A floating orange smoke distress signal approved under part
160, subpart 160.022 of this chapter.
(d) Exemption for vessels on short runs. A vessel operating on
short runs limited to approximately 30 minutes away from the dock is
not required to carry distress flares and smoke signals under this
section.
(e) Stowage. Each flare carried to meet this section must be stowed
in one of the following:
(1) A portable watertight container complying with Sec. 160.021-6
of this chapter, carried at the operating station; or
(2) A pyrotechnic locker secured above the freeboard deck, away
from heat, in the vicinity of the operating station. An example of an
acceptable pyrotechnic locker is described in ASTM F--[reserved for
number of standard under development by ASTM].
Subpart C--Life Buoys and Lifejackets
Sec. 117.70 Ring life buoys.
(a) A vessel must have one or more ring life buoys as follows:
(1) A vessel of not more than 26 feet in length must carry a
minimum of one life buoy of not less than 20 inches in diameter;
(2) A vessel of more than 26 feet in length, but not more than 65
feet, must carry a minimum of one life buoy of not less than 24 inches
in diameter; and
(3) A vessel of more than 65 feet in length must carry a minimum of
three life buoys of not less than 24 inches in diameter.
(b) Each ring life buoy on a vessel must:
(1) Be approved under part 160, subpart 160.050 of this chapter;
(2) Be readily accessible;
(3) Be stowed in a way that it can be rapidly cast loose;
(4) Not be permanently secured in any way; and
(5) If on a vessel on an oceans or coastwise route, be orange in
color.
(c) At least one ring life buoy must be fitted with a lifeline. If
more than one ring life buoy is carried, at least one must not have a
lifeline attached. Each lifeline on a ring life buoy must:
(1) Be buoyant;
(2) Be of at least 60 feet in length;
(3) Be non-kinking;
(4) Have a diameter of at least 5/16-inch;
(5) Have a breaking strength of at least 1,124 pounds; and
(6) Be of a dark color if synthetic, or of a type certified to be
resistant to deterioration from ultraviolet light.
(d) At least one ring buoy must be fitted with a floating
waterlight, unless the vessel is limited to daytime operation, in which
case no floating waterlight is required.
(1) Each floating waterlight must be approved under part 161,
subpart 161.010 of this chapter.
(2) Each ring life buoy with a floating waterlight must have a
lanyard of at least 3 feet in length, but not more than 6 feet,
securing the waterlight around the body of the ring life buoy.
(3) Each floating waterlight installed after [date one year after
effective date of the final rule] on a vessel carrying only one ring
life buoy, must be attached to a lanyard with a corrosion-resistant
clip. The clip must have a strength of at least 50 pounds and allow the
waterlight to be quickly disconnected from the ring life buoy.
Sec. 117.71 Lifejackets.
(a) An adult lifejacket must be provided for each person permitted
on board a vessel.
(b) In addition, a number of child-size lifejackets equal to at
least l0% of the number of the persons permitted on board must be
provided, or such greater number as necessary to provide a lifejacket
for each person being carried that is smaller than the lower size limit
of the adult lifejackets provided to meet this section, except that:
(1) Child-size lifejackets are not required if the vessel's
Certificate of Inspection is endorsed for the carriage of adults only,
or
(2) When all ``extended size'' life preservers (those with a lower
size limit of 47 inches in height or weighing 45 pounds) are carried on
board, a minimum of only 5% additional child size devices need be
carried.
(c) Each lifejacket must be approved under either part 160,
subparts 160.002, 160.005, or 160.055 of this chapter.
Sec. 117.72 Personal flotation devices carried in addition to
lifejackets.
(a) Equipment carried under this section is not acceptable in lieu
of any portion of the required number of approved lifejackets and must
not be substituted for the approved lifejackets required to be worn
during drills and emergencies.
(b) Wearable marine buoyant devices which include ``ski vests'',
``boating vests'', and ``fishing vests'', approved under part 160,
subpart 160.064 of this chapter, may be carried as additional
equipment.
(c) Buoyant work vests approved under part 160, subpart 160.053 of
this chapter may be carried as additional equipment for use of persons
working near or over the water.
(d) Commercial hybrid personal flotation devices (PFDs) approved
under part 160, subpart 160.077 of this chapter may be carried as
additional equipment for use of persons working near or over the water.
Each commercial hybrid PFD must be:
(1) Used, stowed, and maintained in accordance with the procedures
set out in the manual required for these devices under Sec. 160.077-29
of this chapter and any limitation(s) marked on them; and
(2) Of the same or similar design and have the same method of
operation as each other hybrid PFD carried on board.
Sec. 117.75 Lifejacket lights.
(a) Each lifejacket carried on a vessel on an oceans, coastwise, or
Great Lakes route, must have a lifejacket light approved under part
161, subpart 161.012 of this chapter. Each lifejacket light must be
securely attached to the front shoulder area of the lifejacket.
(b) Notwithstanding the requirements of paragraph (a) of this
section, lifejacket lights are not required for lifejackets on:
(1) Ferries; and
(2) Vessels with Certificates of Inspection endorsed only for
routes that do not extend more than 20 miles from a harbor of safe
refuge.
Sec. 117.78 Stowage of lifejackets.
(a) General. Unless otherwise stated in this section, lifejackets
must be stored in convenient places distributed throughout
accommodation spaces.
(1) Each stowage container for lifejackets must not be capable of
being locked. If practicable, the container must be designed to allow
the lifejackets to float free.
(2) Each lifejacket kept in a stowage container must be readily
available.
(3) Each lifejacket stowed overhead must be supported in a manner
which allows quick release for distribution.
(4) If lifejackets are stowed more than 7 feet above the deck, a
means for quick release must be provided and must be capable of
operation by a person standing on the deck.
(5) Each child size lifejacket must be stowed in a location which
is appropriately marked and separated from adult lifejackets so the
child size lifejackets are not mistaken for adult lifejackets.
(b) Additional personal flotation devices. The stowage locations of
the personal flotation devices carried in addition to lifejackets under
Sec. 117.72, must be separate from the lifejackets, and such as not to
be easily confused with that of the lifejackets.
Subpart D--Survival Craft Arrangements and Equipment
Sec. 117.130 Stowage of survival craft.
(a) Each survival craft must be: (1) Secured to the vessel by a
painter with a float-free link permanently attached to the vessel
except that a float-free link is not required if the vessel operates
only on waters not as deep as the length of the painter;
(2) Stowed so that when the vessel sinks the survival craft floats
free and, if inflatable, inflates automatically;
(3) Stowed in a position which is readily accessible to crew
members for launching, or else provided with a remotely operated device
which releases the survival craft into launching position or into the
water;
(4) Stowed in a way that permits manual release from its securing
arrangements;
(5) Ready for immediate use so that two crew members can carry out
preparations for embarkation and launching in less than 5 minutes;
(6) Provided with means to prevent shifting;
(7) 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 at any other launching station;
(8) Stowed in a way that any protective covers will not interfere
with launching and embarkation.
(9) Fully equipped as required under this part; and
(10) Stowed, as far as practicable, in a position sheltered from
breaking seas and protected from damage by fire and explosion.
(b) A hydrostatic release unit used in a float-free arrangement
must be approved under part 160, subpart 160.062 of this chapter.
(c) A mechanical, manually operated device to assist in launching a
survival craft must be provided if:
(1) The survival craft weighs more than 200 pounds; and
(2) The survival craft requires lifting to be launched.
Sec. 117.137 Stowage of life floats and buoyant apparatus.
(a) In addition to meeting Sec. 117.130, each life float and
buoyant apparatus must be stowed as required under this section.
(b) The float-free link required by Sec. 117.130(a)(1) must be:
(1) Certified to meet Part 160, Subpart 160.073 of this chapter;
(2) Of proper strength for the size of the life float or buoyant
apparatus as indicated on its identification tag; and
(3) Secured to the painter at one end and to the vessel on the
other end.
(c) The means used to attach the float-free link to the vessel
must:
(1) Have a breaking strength of at least the breaking strength of
the painter;
(2) If synthetic, be of a dark color or of a type certified to be
resistant to deterioration from ultraviolet light; and
(3) If metal, be corrosion resistant.
(d) If the life float or buoyant apparatus does not have a painter
attachment fitting, a means for attaching the painter must be provided
by a wire or line which:
(1) Encircles the body of the device;
(2) Will not slip off;
(3) Has a breaking strength which is at least the strength of the
painter; and
(4) If synthetic, is of a dark color or is of a type certified to
be resistant to deterioration from ultraviolet light.
(e) If the vessel carries more than one life float or buoyant
apparatus in a group with each group secured by a single painter:
(1) The combined weight of each group of life floats and buoyant
apparatus must not exceed 400 pounds;
(2) Each group of life floats and buoyant apparatus is considered a
single survival craft for the purposes of Sec. 117.130(c).
(3) Each life float and buoyant apparatus must be individually
attached to the painter by a line meeting Sec. 117.175(e)(3)(ii),
(iii), and (iv) and long enough that each life float or buoyant
apparatus can float without contacting any other life float or buoyant
apparatus in the group; and
(4) The strength of the float-free link under paragraph (b)(2) of
this section and the strength of the painter under
Sec. 117.175(e)(3)(ii) must be determined by the combined capacity of
the group of life floats and buoyant apparatus.
(f) Life floats and buoyant apparatus must not be stowed in tiers
more than 4 feet high. When stowed in tiers, the separate units must be
kept apart by spacers.
Sec. 117.150 Survival craft embarkation arrangements.
(a) A launching appliance approved under part 160, subpart 160.032
of this chapter must be provided for each inflatable liferaft and
inflatable buoyant apparatus when either:
(1) The embarkation station for the survival craft is on a deck
more than 15 feet above the waterline; or
(2) The inflatable liferaft or inflatable buoyant apparatus will be
boarded prior to being placed in the water.
(b) An embarkation ladder, approved under part 160, subpart 160.017
of this chapter, must be at each embarkation station if the distance
from the embarkation deck to the vessel's lightest operating waterline
is more than 10 feet.
Sec. 117.175 Survival craft equipment.
(a) General. Each item of survival craft equipment must be of good
quality, and efficient for the purpose it is intended to serve. Unless
otherwise stated in this section, each item of equipment carried,
whether required under this section or not, must be secured by
lashings, stored in lockers, compartments, brackets, or have equivalent
mounting or storage arrangements which do not:
(1) Reduce survival craft capacity;
(2) Reduce space available to the occupants;
(3) Interfere with launching, recovery, or rescue operations; or
(4) Adversely affect seaworthiness of the survival craft.
(b) Inflatable liferafts. Each inflatable liferaft must have one of
the following equipment packs as shown by the markings on its
container:
(1) Limited Service;
(2) SOLAS B Pack;
(3) SOLAS A Pack; or
(4) Ocean Service.
(c) Life floats. Each life float must be fitted with a lifeline,
pendants, two paddles, a painter, and a light.
(d) Buoyant apparatus. Each buoyant apparatus must be fitted with a
lifeline, pendants, a painter, and a light.
(e) Equipment specifications for life floats and buoyant apparatus.
The equipment required for lifefloats and buoyant apparatus must meet
the following specifications:
(1) Lifeline and pendants. The lifeline and pendants must be as
furnished by the manufacturer with the approved life float or buoyant
apparatus. Replacement lifelines and pendants must meet the
requirements in part 160, subpart 160.010 of this chapter.
(2) Paddle. Each paddle must be of at least 4 feet in length and
buoyant.
(3) Painter. The painter must:
(i) Be of at least 100 feet in length, but not less than three
times the distance between the deck where the life float or buoyant
apparatus it serves is stowed and the lightship waterline of the
vessel;
(ii) Have a breaking strength of at least 1500 pounds, except that
if the capacity of the life float or buoyant apparatus is 50 persons or
more, the breaking strength must be at least 3000 pounds;
(iii) Be of a dark color if synthetic, or of a type certified to be
resistant to deterioration from ultraviolet light; and
(iv) Be stowed in such a way that it runs out freely when the life
float or buoyant apparatus floats away from a sinking vessel.
(4) Light. The light must be a floating waterlight approved under
part 161, subpart 161.010 of this chapter. The floating waterlight must
be attached around the body of the life float or buoyant apparatus by a
12-thread manila, or equivalent, lanyard of at least 18 feet in length.
(f) Other survival craft. If survival craft other than inflatable
liferafts, life floats, inflatable buoyant apparatus, and buoyant
apparatus are carried on the vessel, such as lifeboats or rigid
liferafts, they must be installed, arranged, and equipped as required
under subchapter H (Passenger Vessels) of this chapter for passenger
vessels on the same route.
Subpart E--Number and Type of Survival Craft
Sec. 117.200 Survival craft--general.
(a) Each survival craft required on a vessel by this part must meet
one of the following:
(1) For an inflatable liferaft--part 160, subpart 160.051 of this
chapter, with the applicable equipment pack, as determined by the
cognizant OCMI. Each inflatable liferaft required on a vessel by this
part must have a capacity of 6 persons or more. Inflatable liferafts
may be substituted for inflatable buoyant apparatus or life floats
required under this section.
(2) For a life float--part 160, subpart 160.027 of this chapter.
Buoyant apparatus may be used to meet requirements for life floats if
the buoyant apparatus was installed on board the vessel on or before
[effective date of the final rule], and if the buoyant apparatus
remains in good and serviceable condition.
(3) For an inflatable buoyant apparatus--part 160, subpart 160.010
of this chapter. Inflatable buoyant apparatus may be substituted for
life floats required under this section.
(b) If the vessel carries a small boat or boats, the capacity of
these boats may be counted toward the buoyant apparatus or life float
capacity required by this subpart. Such boats must meet the
requirements for safe loading and flotation in 33 CFR part 183, and
must meet the stowage, launching, and equipment requirements in this
part for the survival craft they replace.
(c) A summary of survival craft requirements is provided in Table
117.200(c). The citations identify the sections of this part which
contain the specific requirements.
Table 117.200(c)
----------------------------------------------------------------------------------------------------------------
Route Survival craft required
----------------------------------------------------------------------------------------------------------------
Oceans, more than 50 miles offshore................................... 100% ILR--Sec. 117.202(a).
Oceans, 20-50 miles offshore.......................................... 100% IBA--Sec. 117.202(b).
Coastwise
(a) W/overnight accommodations for > 49 passengers.................. 100% IBA--Sec. 117.204(a).
(b) W/overnight accommodations for 49 passengers.
(i) Cold water\1\................................................. 50% IBA\2\--Sec. 117.204(b)(1).
(ii) Warm water\3\................................................ 100% LF\4\--Sec. 117.204(b)(2).
(iii) Within one mile of shore.
(A) Cold water\1\............................................... 50% LF\4\--Sec. 117.204(d).
(B) Warm water\1\............................................... None--Sec. 117.204(e).
Great Lakes
(a) Same as Coastwise (a) & (b)..................................... Sec. 117.206(a).
(b) Within one mile of shore........................................ None--Sec. 117.206(b).
Lakes, bays & sounds
(a) W/overnight accommodations for > 49 passengers.................. 100% IBA--Sec. 117.207(a).
(b) W/overnight accommodations for 49 passengers.\5\
(i) Cold water\1\................................................. 50% IBA\2\--Sec. 117.207(b)(1).
(ii) Warm water\3\................................................ 50% LF\4\--Sec. 117.204(b)(2).
(iii) Within one mile of shore.................................... None--Sec. 117.207(c).
Rivers
(a) Cold water\6\.
(i) 50% LF\4\..................................................... Sec. 117.208(a).
(ii) Within one mile of shore..................................... None--Sec. 117.208(c).
(b) Warm water...................................................... None--Sec. 117.208(b).
----------------------------------------------------------------------------------------------------------------
Abbreviations used: ILR=Inflatable liferaft; IBA=Inflatable Buoyant Apparatus; LF=Life Float.
\1\Cold water means the cognizant OCMI has determined the prevailing temperature of the water is 15
deg. C (59 deg. F).
\2\Certain ferry type operations may substitute 100% LF for IBA--Secs. 117.204(c), 117.206(a), and 117.207(c).
\3\Warm water means the cognizant OCMI has determined the prevailing temperature of the water is > 15 deg. C (59
deg. F).
\4\Any buoyant apparatus in use on an existing vessel on [effective date of the final rule] may be used to meet
the requirements for LF as long as the buoyant apparatus is in good and serviceable condition--Sec. 117.15(c).
\5\Shallow water exception--Sec. 117.207(e).
\6\Shallow water exception--Sec. 117.208(d).
Sec. 117.202 Survival craft--vessels operating on oceans routes.
(a) Each vessel certificated to operate on an oceans route more
than 50 nautical miles offshore must be provided with inflatable
liferafts of an aggregate capacity which will accommodate at least the
total number of persons permitted on board.
(b) Each vessel certificated to operate on an oceans route not more
than 50 nautical miles offshore must be provided with inflatable
buoyant apparatus of an aggregate capacity which will accommodate at
least the total number of persons permitted on board.
Sec. 117.204 Survival craft--vessels operating on coastwise routes.
(a) Each vessel with overnight accommodations for more than 49
passengers certificated to operate on a coastwise route must be
provided with inflatable buoyant apparatus of an aggregate capacity
which will accommodate at least the total number of persons permitted
on board.
(b) Each vessel with overnight accommodations for not more than 49
passengers certificated to operate on a coastwise route, must:
(1) Except as allowed by paragraphs (c) and (d) of this section, if
operated in an area and time of year where the prevailing water
temperature, as determined by the cognizant OCMI, is 15 deg.C
(59 deg.F) or less, be provided with inflatable buoyant apparatus of an
aggregate capacity which will accommodate at least 50% of the total
number of persons permitted on board; or
(2) Except as allowed by paragraph (e) of this section, if operated
in an area and time of year where the prevailing water temperature, as
determined by the cognizant OCMI, is above 15 deg.C (59 deg.F), be
provided with life floats of an aggregate capacity which will
accommodate at least the total number of persons permitted on board.
(c) Each vessel operating between two points, with a set schedule
on a specific route which does not take it more than 20 nautical miles
from a harbor of safe refuge, and which maintains a 15 minute radio
communications schedule with an operations base, may be provided with
life floats of an aggregate capacity which will accommodate at least
the total number of persons permitted on board.
(d) Each vessel certificated to operate on a coastwise route within
one mile of land in an area and time of year where the prevailing water
temperature, as determined by the cognizant OCMI, is 15 deg.C
(59 deg.F) or less may be provided with life floats of an aggregate
capacity which will accommodate at least 50% of the total number of
persons permitted on board.
(e) Each vessel certificated to operate on a coastwise route within
one mile of land in an area and time of year where the prevailing water
temperature, as determined by the cognizant OCMI, is above 15 deg.C
(59 deg.F) is not required to carry survival craft.
Sec. 117.206 Survival craft--vessels operating on Great Lakes routes.
(a) Except as allowed by paragraph (b) of this section, each vessel
certificated to operate on a Great Lakes route must be provided with
the survival craft required by Secs. 117.204 (a), (b), or (c), as
applicable.
(b) Each vessel certificated to operate on a Great Lakes route
within one mile of land is not required to carry survival craft.
Sec. 117.207 Survival craft--vessels operating on lakes, bays, and
sounds routes.
(a) Each vessel with overnight accommodations for more than 49
passengers certificated to operate on a lakes, bays, and sounds route
must be provided with inflatable buoyant apparatus of an aggregate
capacity which will accommodate at least the total number of persons
permitted on board.
(b) Except as allowed by paragraphs (c), (d), and (e) of this
section, each vessel with overnight accommodations for not more than 49
passengers certificated to operate on a lakes, bays, and sounds route
must:
(1) If operated in an area and time of year where the prevailing
water temperature, as determined by the cognizant OCMI, is 15 deg.C
(59 deg.F) or less, be provided with inflatable buoyant apparatus of an
aggregate capacity which will accommodate at least 50% of the total
number of persons permitted on board; or
(2) If operated in an area and time of year where the prevailing
water temperature, as determined by the cognizant OCMI, is above
15 deg.C (59 deg.F), be provided with life floats of an aggregate
capacity which will accommodate at least 50% of the total number of
persons permitted on board.
(c) Each vessel operating between two points, with a set schedule
on a specific route which does not take it more than 20 nautical miles
from a harbor of safe refuge, and which maintain a 15 minute radio
communications schedule with an operations base, may be provided with
life floats of an aggregate capacity which will accommodate at least
the total number of persons permitted on board.
(d) Each vessel certificated to operate on a lakes, bays and sounds
route within one mile of land is not required to carry survival craft.
(e) For a vessel certificated to operate on a lakes, bays and
sounds route in shallow water where the vessel cannot sink deep enough
to submerge the topmost passenger deck or where survivors can wade
ashore, the cognizant OCMI may waive a requirement for survival craft,
if the OCMI determines that it is safe to do so, taking into
consideration the vessel's scope of operation, hazards of the route,
and availability of assistance.
Sec. 117.208 Survival craft--vessels operating on rivers routes.
(a) Except as allowed by paragraphs (c) and (d) of this section,
each vessel certificated to operate on a rivers route in an area and
time of year where the prevailing water temperature, as determined by
the cognizant OCMI, is 15 deg.C (59 deg.F) or less must be provided
with life floats of an aggregate capacity which will accommodate at
least 50% of the total number of persons permitted on board.
(b) Each vessel certificated to operate on a rivers route in an
area and time of year where the prevailing water temperature, as
determined by the cognizant OCMI, is above 15 deg.C (59 deg.F) is not
required to carry survival craft.
(c) Each vessel certificated to operate on a rivers route within
one mile of land is not required to carry survival craft.
(d) For a vessel certificated to operate on a rivers route in
shallow water where the vessel cannot sink deep enough to submerge the
topmost passenger deck or where survivors can wade ashore, the
cognizant OCMI may waive a requirement for life floats, if the OCMI
determines that it is safe to do so, taking into consideration the
vessel's scope of operation, hazards of the route, and availability of
assistance.
Sec. 117.210 Rescue boats.
(a) Each vessel must carry at least one rescue boat unless the
cognizant OCMI determines that:
(1) The vessel is sufficiently maneuverable, arranged, and equipped
to allow the crew to recover a helpless person from the water;
(2) Recovery of a helpless person can be observed from the
operating station; and
(3) The vessel does not regularly engage in operations that
restrict its maneuverability.
(b) On a vessel of more than 65 feet in length, a required rescue
boat and its installation must meet the requirements in subchapter H
(Passenger Vessels) of this chapter for a rescue boat on a passenger
vessel having the same route. On a vessel of not more than 65 feet in
length, a required rescue boat must be acceptable to the cognizant
OCMI.
PART 118--FIRE PROTECTION EQUIPMENT
Subpart A--General Provisions
Sec.
118.115 Applicability to existing vessels.
118.120 Equipment installed but not required.
Subpart B--Reserved
Subpart C--Fire Main System
118.300 Fire pumps.
118.310 Fire main and hydrants.
118.320 Fire hoses and nozzles.
Subpart D--Fixed Fire Extinguishing and Detecting Systems
118.400 Where required.
118.410 Fixed gas fire extinguishing systems.
118.420 Pre-engineered fixed gas fire extinguishing systems.
118.425 Galley hood fire extinguishing systems.
Subpart E--Portable Fire Extinguishers
118.500 Required number, type, and location.
118.520 Installation and location.
Subpart F--Additional Equipment
118.600 Fire axe.
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Subpart A--General Provisions
Sec. 118.115 Applicability to existing vessels.
(a) Except as otherwise required by paragraphs (b), (c), and (d) of
this section, an existing vessel must comply with the fire protection
equipment regulations applicable to the vessel on [date of day before
effective date of the final rule] or, as an alternative, the vessel may
comply with the regulations in this part.
(b) An existing vessel with a hull, or a machinery space boundary
bulkhead or deck, composed of wood or fiber reinforced plastic, or
sheathed on the interior in fiber reinforced plastic, must comply with
the requirements of Sec. 118.400 on or before [date 3 years after
effective date of the final rule].
(c) New installations of fire protection equipment on an existing
vessel, which are completed to the satisfaction of the cognizant OCMI
on or after [effective date of of the final rule], must comply with the
regulations of this part. Replacement of existing equipment installed
on the vessel prior to [effective date of of the final rule] need not
comply with the regulations in this part.
Sec. 118.120 Equipment installed but not required.
Fire extinguishing and detecting equipment installed on a vessel in
excess of the requirements of Secs. 118.400 and 118.500 must be
designed, constructed, installed and maintained in a manner acceptable
to the Commandant.
Subpart B--Reserved
Subpart C--Fire Main System
Sec. 118.300 Fire pumps.
(a) A self priming, power driven fire pump must be installed on
each vessel.
(b) On a vessel with overnight accommodations for not more than 49
passengers, the fire pump must be capable of delivering a single hose
stream from the highest hydrant, through the hose and nozzle required
by Sec. 118.320, at a pitot tube pressure of 50 psi.
(c) On a vessel with overnight accommodations for more than 49
passengers the fire pump must meet the fire pump requirements in
Sec. 76.10-5 of this chapter.
(d) A fire pump may be driven by a propulsion engine. A fire pump
must be permanently connected to the fire main and may be connected to
the bilge system to meet the requirements of Sec. 119.520 of this
subchapter.
(e) A fire pump must be capable of both remote operation from the
operating station and local, manual operation at the pump.
Sec. 118.310 Fire main and hydrants.
(a) A vessel must have a sufficient number of fire hydrants to
reach any part of the vessel using a single length of fire hose.
(b) Piping, valves, and fittings in a fire main system must comply
with part 119, subpart G of this subchapter.
Sec. 118.320 Fire hoses and nozzles.
(a) A fire hose with a nozzle must be attached to each fire hydrant
at all times. For fire stations located on open decks or cargo decks,
where no protection is provided, hoses may be temporarily removed
during heavy weather or cargo handling operations, respectively. Hoses
so removed must be stored in nearby accessible locations.
(b) Each hose must:
(1) Be lined commercial fire hose that conforms to UL 19 or hose
that is listed and labeled by an independent laboratory recognized by
the Commandant as being equivalent in performance;
(2) Be 50 feet in length and 1.5 inches in diameter; and
(3) Have fittings of brass or other suitable corrosion-resistant
material which comply with NFPA 1963.
(c) Each nozzle must be of a type approved under subpart 162.027 of
this chapter.
Subpart D--Fixed Fire Extinguishing and Detecting Systems
Sec. 118.400 Where required.
(a) The following spaces must be equipped with a Halon or carbon
dioxide fixed gas fire extinguishing system, in compliance with
Sec. 118.410, except as otherwise allowed by paragraph (b) of this
section:
(1) A space containing propulsion machinery;
(2) A space containing an internal combustion engine of more than
50 hp;
(3) A space containing an oil fired boiler;
(4) A space containing combustible cargo or ship's stores
inaccessible during the voyage (a carbon dioxide system must be
installed in such a space, and Halon systems are not allowed);
(5) A paint locker; and
(6) A storeroom containing flammable liquids (including liquors of
80 proof or higher).
(b) Alternative system types and exceptions to the requirements of
paragraph (a) of this section are:
(1) A fixed gas fire extinguishing system, which is capable of
automatic discharge upon heat detection, may only be installed in a
normally unoccupied space with a gross volume of not more than 6000
cubic feet;
(2) A pre-engineered fixed gas fire extinguishing system must be in
compliance with Sec. 118.420 and may only be installed in a normally
unoccupied machinery space, a paint locker, or a storeroom containing
flammable liquids (including liquors of 80 proof or higher), with a
gross volume of not more than 2000 cubic feet;
(3) A B-II portable fire extinguisher installed outside the space
may be substituted for a fixed gas fire extinguishing system in a
storeroom containing flammable liquids (including liquors of 80 proof
or higher) or a paint locker, with a volume of not more that 200 cubic
feet; and
(4) A space which is so open to the atmosphere that a fixed gas
fire extinguishing system would be ineffective, as determined by the
cognizant OCMI, is not required to have a fixed gas fire extinguishing
system.
(c) The following spaces must be equipped with a fire detecting
system of an approved type which is installed in accordance with part
76, subpart 76.27 of this chapter, except when a fixed gas fire
extinguishing system which is capable of automatic discharge upon heat
detection is installed or when the space is manned:
(1) A space containing propulsion machinery;
(2) A space containing an internal combustion engine of more than
50 hp; and
(3) A space containing an oil fired boiler.
(d) All grills, broilers, and deep fat fryers must be fitted with a
grease extraction hood which complies with Sec. 118.425.
(e) Each accommodation space, control space, and service space must
be fitted with the following systems:
(1) A smoke actuated fire detecting system of a type approved by
the Commandant which is installed in accordance with part 76, subpart
76.27 of this chapter; and
(2) A manual alarm system which meets the requirements in part 76,
subpart 76.35 of this chapter.
(f) An enclosed vehicle space must be fitted with an automatic
sprinkler system which meets the requirements of part 76, subpart 76.25
of this chapter; and
(1) A smoke actuated fire detecting system of a type approved by
the Commandant which is installed in accordance with part 76, subpart
76.27 of this chapter; or
(2) A smoke detecting system of a type approved by the Commandant
which is installed in accordance with part 76, subpart 76.33 of this
chapter.
(g) A partially enclosed vehicle space must be fitted with a manual
sprinkler system which meets the requirements of part 76, subpart 76.23
of this chapter.
Sec. 118.410 Fixed gas fire extinguishing systems.
(a) General.
(1) A fixed gas fire extinguishing system aboard a vessel must be
approved by the Commandant, and be custom engineered to meet the
requirements of this section unless the system meets the requirements
of Sec. 118.420.
(2) System components must be listed and labeled by an independent
laboratory. A component from a different system, even if from the same
manufacturer, must not be used unless included in the approval of the
installed system.
(3) System design and installation must be in accordance with the
Marine Design, Installation, Operation, and Maintenance Manual approved
for the system by the Commandant.
(4) A fixed gas fire extinguishing system may protect more than one
space. The quantity of extinguishing agent must be at least sufficient
for the space requiring the greatest quantity as determined by the
requirements of paragraphs (f)(4) or (g)(2) of this section.
(b) Controls.
(1) Controls and valves for operation of a fixed gas fire
extinguishing system must be:
(i) Located outside the space protected by the system; and
(ii) Not located in a space that might be inaccessible in the event
of fire in the space protected by the system.
(2) Except as provided in paragraph (c)(2) of this section, release
of an extinguishing agent into a space must require two distinct
operations.
(3) A system must have local manual controls at the storage
cylinders capable of releasing the extinguishing agent. In addition, a
normally manned space must have remote controls for releasing the
extinguishing agent immediately outside the primary exit from the
space.
(4) Remote controls must be located in a breakglass enclosure to
preclude accidental discharge.
(5) Valves and controls must be of a type approved by the
Commandant and protected from damage or accidental activation. A pull
cable used to activate the system controls must be enclosed in conduit.
(6) A system protecting more than one space must have a manifold
with a normally closed stop valve for each space protected.
(7) A gas actuated valve or device must be capable of manual
override at the valve or device.
(8) A system, which has more than one storage cylinder for the
extinguishing agent and which relies on pilot cylinders to activate the
primary storage cylinders, must have at least two pilot cylinders.
Local manual controls in compliance with paragraph (b)(3) of this
section must be provided to operate the pilot cylinders but are not
required for the primary storage cylinders.
(9) A system protecting a manned space must be fitted with a time
delay and alarm of a type approved by the Commandant, arranged to
require the alarm to sound for at least 20 seconds or the time
necessary to escape from the space, whichever is greater, before the
agent is released into the space. Alarms must be conspicuously and
centrally located. The alarm must be powered by the extinguishing
agent.
(10) A device must be provided to automatically shut down power
ventilation serving the protected space and engines which draw intake
air from the protected space prior to release of the extinguishing
agent into the space.
(11) Controls and storage cylinders must not be in a locked space
unless the key is in a breakglass type box conspicuously located
adjacent to the space.
(c) Storage space.
(1) Except as provided in paragraph (c)(2) of this section, a
storage cylinder for a fixed gas extinguishing system must be:
(i) Located outside the space protected by the system; and
(ii) Not located in a space that might be inaccessible in the event
of a fire in the space protected by the system.
(2) A normally unoccupied space of less than 6000 cubic feet may
have the storage cylinders located within the space protected. When the
storage cylinders are located in the space:
(i) The system must be capable of automatic operation by a heat
actuator within the space; and
(ii) Have manual controls in compliance with paragraph (b) of this
section except for paragraphs (b)(2) and (b)(3).
(3) A space containing a storage cylinder must be maintained at a
temperature within the range from -20 deg.F (-30 deg.C) to 130 deg.F
(55 deg.C) or at another temperature as listed by the independent
laboratory and stated in the manufacturer's approved manual.
(4) A storage cylinder must be securely fastened, supported, and
protected against damage.
(5) A storage cylinder must be accessible and capable of easy
removal for recharging and inspection. Provisions must be available for
weighing each storage cylinder in place.
(6) Where subject to moisture, a storage cylinder must be installed
to provide a space of at least 2 inches between the deck and the bottom
of the storage cylinder.
(7) A Halon 1301 storage cylinder must be stowed in an upright
position unless otherwise listed by the independent laboratory. A
carbon dioxide cylinder may be inclined not more than 30 deg. from the
vertical, unless fitted with flexible or bent siphon tubes, in which
case they may be inclined not more than 80 deg. from the vertical.
(8) Where a check valve is not fitted on an independent storage
cylinder discharge outlet, a plug or cap must be provided for closing
the outlet resulting from storage cylinder removal.
(9) Each storage cylinder must meet the requirements of Sec. 147.60
of this chapter.
(10) A storage cylinder space must have doors which open outwards
or be fitted with kickout panels installed in each door.
(d) Piping.
(1) A pipe, valve, or fitting of ferrous material must be protected
inside and outside against corrosion unless otherwise approved by the
Commandant. Aluminum or other low melting material must not be used for
a component of a fixed gas fire extinguishing system except as
specifically approved by the Commandant.
(2) A distribution line must extend at least 2 inches beyond the
last orifice and be closed with a cap or plug.
(3) Piping, valves, and fittings must be securely supported, and
where necessary, protected against damage.
(4) Drains and dirt traps must be fitted where necessary to prevent
the accumulation of dirt or moisture and located in accessible
locations.
(5) Piping must be used for no other purpose except that it may be
incorporated with the fire detecting system.
(6) Piping passing through accommodation spaces must not be fitted
with drains or other openings within such spaces.
(7) The distribution piping of a carbon dioxide fixed gas
extinguishing system must be tested as required by this paragraph, upon
completion of the piping installation, using only carbon dioxide,
compressed air, or nitrogen gas.
(i) Piping between a storage cylinder and a stop valve in the
manifold must be subjected to a pressure of 1,000 psi, except as
permitted in paragraph (d)(7)(iii) of this section. Without additional
gas being introduced to the system, the pressure drop must not exceed
300 psi after two minutes.
(ii) A distribution line to a space protected by the system must be
subjected to a test pressure of 600 psi. For the purpose of this test,
the distribution piping must be capped within the space protected at
the first joint between the nozzles and the storage cylinders.
(iii) A small independent system protecting a space such as a paint
locker may be tested by blowing out the piping with air at a pressure
of not less than 100 psi.
(8) The distribution piping of a Halon 1301 fixed gas extinguishing
system must be tested, as required by this paragraph, upon completion
of the piping installation, using only carbon dioxide, compressed air,
or nitrogen.
(i) When pressurizing the piping, pressure must be increased in
small increments. Each joint must be subjected to a soap bubble leak
test, and all joints must be leak free.
(ii) Piping between the storage cylinders and the manifold stop
valve must be subjected to a leak test conducted at the maximum
allowable working pressure at 130 deg.F (55 deg.C). Without additional
gas being added to the system, there must be no loss of pressure over a
two minute period after thermal equilibrium is reached.
(iii) Distribution piping between the manifold stop valve and the
first nozzle in the system must be capped and pneumatically tested for
a period of 10 minutes at 150 psig. At the end of 10 minutes, the
pressure drop must not exceed 10% of the test pressure.
(e) Pressure relief. When required by the cognizant OCMI, spaces
which are protected by a fixed gas fire extinguishing system and which
are relatively air tight, such as refrigeration spaces, paint lockers,
etc., must be provided with suitable means for relieving excessive
pressure within the space when the agent is released.
(f) Specific requirements for carbon dioxide systems. A custom
engineered fixed gas fire extinguishing system, which uses carbon
dioxide as the extinguishing agent, must meet the requirements of this
paragraph.
(1) Piping, valves, and fittings must have a bursting pressure of
not less than 6,000 psi. Piping, in nominal sizes of not more than \3/
4\ inch, must be at least Schedule 40 (standard weight), and in nominal
sizes of over \3/4\ inch, must be at least Schedule 80 (extra heavy).
(2) A pressure relief valve or equivalent set to relieve at between
2,400 and 2,800 psi must be installed in the distribution manifold to
protect the piping from overpressurization.
(3) Nozzles must be approved by the Commandant.
(4) When installed in a machinery space, paint locker, a space
containing flammable liquid stores, or a space with a fuel tank, a
fixed carbon dioxide system must meet the following requirements.
(i) The quantity of carbon dioxide (in pounds) that the system must
be capable of providing to a space must not be less than the gross
volume of the space divided by the appropriate factor given in Table
118.410(f)(4)(i). If fuel can drain from a space being protected to an
adjacent space or if the spaces are not entirely separate, the volume
of both spaces must be used to determine the quantity of carbon dioxide
required. The carbon dioxide must be arranged to discharge into both
such spaces simultaneously.
Table 118.410(f)(4)(i)
------------------------------------------------------------------------
Gross volume of
space in cubic feet
Factor ---------------------
Over Not over
------------------------------------------------------------------------
15................................................ ......... 500
16................................................ 500 1,600
18................................................ 1,600 4,500
20................................................ 4,500 50,000
22................................................ 50,000 .........
------------------------------------------------------------------------
(ii) The minimum size of a branch line to a space must be as noted
in Table 118.410(f)(4)(ii).
Table 118.410(f)(4)(ii)
------------------------------------------------------------------------
Maximum
Minimum quantity Minimum
Maximum quantity of carbon dioxide nominal of carbon nominal
(pounds) pipe dioxide pipe
size required size
(inches) (pounds) (inches)
------------------------------------------------------------------------
100...................................... .50 2,500 2.5
225...................................... .75 4,450 3
300...................................... 1 7,100 3.5
600...................................... 1.25 10,450 4
1,000.................................... 1.5 15,000 4.5
2,450.................................... 2 ......... ........
------------------------------------------------------------------------
(iii) Distribution piping within a space must be proportioned from
the distribution line to give proper supply to the outlets without
throttling.
(iv) The number, type, and location of discharge outlets must
provide uniform distribution of carbon dioxide throughout a space.
(v) The area of each discharge outlet must not exceed 85 percent
nor be less than 35 percent of the nominal cylinder outlet area or the
area of the supply pipe, whichever is smaller. The nominal cylinder
outlet area (in square inches) is determined by multiplying the factor
0.0022 by the total capacity (in pounds) of all carbon dioxide
cylinders in the system, except in no case must the outlet area be of
less than 0.110 square inch.
(vi) The discharge of at least 85 percent of the required amount of
carbon dioxide must be completed within two minutes.
(5) When installed in an enclosed ventilation system for rotating
electrical propulsion equipment a fixed carbon dioxide system must meet
the following requirements.
(i) The quantity of carbon dioxide (in pounds) must be sufficient
for initial and delayed discharges as required by this paragraph. The
initial discharge must be equal to the gross volume of the system
divided by 10 for ventilation systems having a volume of less than
2,000 cubic feet, or divided by 12 for ventilation systems having a
volume of at least 2,000 cubic feet. In addition, there must be
sufficient carbon dioxide available to permit delayed discharges to
maintain at least a 25 percent concentration until the equipment can be
stopped. If the initial discharge achieves this concentration until the
equipment is stopped, a delayed discharge is not required.
(ii) The piping sizes for the initial discharge must be in
accordance with Table 118.410(f)(4)(ii) and the discharge of the
required amount must be completed within two minutes.
(iii) Piping for the delayed discharge must not be less than \1/2\-
inch nominal pipe size, may be incorporated with the initial discharge
piping, and need not meet specific requirement for discharge rate.
(6) When installed in a cargo space a fixed carbon dioxide system
must meet the following requirements.
(i) The number of pounds of carbon dioxide required for each space
in cubic feet must be equal to the gross volume of the space in cubic
feet divided by 30;
(ii) System piping must be of at least \3/4\-inch.
(iii) No specific discharge rate is required.
(g) Specific requirements for Halon 1301 systems.
(1) A custom engineered fixed gas fire extinguishing system which
uses Halon 1301 must comply with the applicable sections of UL 1058 and
the requirements of this paragraph (g).
(2) The Halon 1301 quantity and discharge requirements of UL 1058
apply, with the exception that the Halon 1301 design concentration must
be 6 percent at the lowest ambient temperature expected in the space.
If the lowest temperature is not known, a temperature of 0 deg.F must
be assumed.
(3) Each storage cylinder in a system must have the same pressure
and volume.
(4) Computer programs used in designing systems must be approved by
an independent laboratory recognized by the Commandant.
Sec. 118.420 Pre-engineered fixed gas fire extinguishing systems.
(a) A pre-engineered fixed gas fire extinguishing system must:
(1) Be approved by the Commandant;
(2) Be capable of manual actuation from outside the space in
addition to automatic actuation by a heat detector; and
(3) Automatically shut down all power ventilation systems and all
engines that draw intake air from within the protected space.
(b) A vessel on which a pre-engineered fixed gas system is
installed must have the following equipment at the operating station:
(1) A light to indicate discharge;
(ii) An audible alarm which sounds upon discharge; and
(iii) A means to reset devices used to automatically shut down
ventilation systems and engines as required by paragraph (a)(3) of this
section.
(c) Only one pre-engineered fixed gas system is allowed to be
installed in each space protected by such a system.
Sec. 118.425 Galley hood fire extinguishing systems.
(a) A grease extraction hood required by Sec. 118.400 must meet UL
710.
(b) A grease extraction hood must be equipped with a dry or wet
chemical fire extinguishing system meeting the applicable sections of
NFPA 17 or 17A, and must be listed by an independent laboratory
recognized by the Commandant.
Subpart E--Portable Fire Extinguishers
Sec. 118.500 Required number, type, and location.
(a) Each portable fire extinguisher on a vessel must be of a type
approved by the Commandant. The minimum number of portable fire
extinguishers required on a vessel must be acceptable to the cognizant
OCMI, but must be not less than the minimum number required by Table
118.500(a) and other provisions of this section.
Table.--118.500(a)
----------------------------------------------------------------------------------------------------------------
Minimum number
Space protected required CG class Medium Medium size
----------------------------------------------------------------------------------------------------------------
Operation station......................... 1 B-I, C-I Halon 2.5 lb.
CO2 4 lb.
Dry Chemical 2 lb.
Machinery Space........................... 1 B-II, C-II Halon 10 lb.
located just
outside exit
CO2 15 lb.
Dry Chemical 10 lb.
Open vehicle deck......................... 1 for each 10 B-II Foam 2.5 gal.
vehicles
Halon 10 lb.
CO2 15 lb.
Dry Chemical 10 lb.
Accommodation space....................... 1 for each 2,500 A-II Foam 2.5 gal.
square feet or
fraction
thereof
Dry Chemical 5 lb.
Galley, Pantry, Concession Stand.......... 1 A-II, B-II Foam 2.5 gal.
Dry Chemical 10 lb.
----------------------------------------------------------------------------------------------------------------
(b) A vehicle deck without a fixed sprinkler system and exposed to
weather must have one B-II portable fire extinguisher for every five
vehicles, located near an entrance to the space.
(c) The cognizant OCMI may permit the use of a larger portable fire
extinguisher, or a semiportable fire extinguisher, in lieu of those
required by this section.
(d) The frame or support of each B-V fire extinguisher permitted by
paragraph (c) of this section must be welded or otherwise permanently
attached to a bulkhead or deck.
Sec. 118.520 Installation and location.
Portable fire extinguishers must be located so that they are
clearly visible and readily accessible from the space being protected.
The installation and location must be to the satisfaction of the
cognizant OCMI.
Subpart F--Additional Equipment
Sec. 118.600 Fire axe.
A vessel of more than 65 feet in length must have at least one fire
axe located in or adjacent to the primary operating station.
PART 119--MACHINERY INSTALLATION
Subpart A--General Provisions
Sec.
119.100 Intent.
119.115 Applicability to existing vessels.
Subpart B--Propulsion Machinery
119.200 General.
119.220 Installations.
Subpart C--Auxiliary Machinery
119.300 General.
119.310 Installations.
119.320 Hot water heaters.
119.330 Pressure vessels.
Subpart D--Specific Machinery Requirements
119.400 Applicability.
119.405 Fuel restrictions.
119.410 General requirements.
119.420 Engine cooling.
119.422 Keel cooler and grid cooler installations.
119.425 Engine exhaust cooling.
119.430 Engine exhaust pipe installation.
119.435 Integral fuel tanks.
119.440 Independent fuel tanks.
119.445 Fill and sounding pipes for fuel tanks.
119.450 Vent pipes for fuel tanks.
119.455 Fuel piping.
119.458 Portable fuel systems.
119.465 Ventilation of spaces containing diesel machinery.
119.470 Ventilation of spaces containing diesel fuel tanks.
Subpart E--Bilge and Ballast Systems
119.500 General.
119.510 Bilge piping system.
119.520 Bilge pumps.
119.530 Bilge level alarms.
119.540 Ballast systems.
Subpart F--Steering Systems
119.600 General.
Subpart G--Piping Systems
119.700 General.
119.710 Piping for vital systems.
119.715 Piping subject to more than 15 psi in non-vital systems.
119.720 Nonmetallic piping materials.
119.730 Nonferrous metallic piping materials.
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Subpart A--General Provisions
Sec. 119.100 Intent.
This part contains requirements for the design, construction,
installation, and operation of propulsion and auxiliary machinery,
piping and pressure systems, steering apparatus, and associated safety
systems. Machinery and equipment installed on each vessel must be
suitable for the vessel and its operation and for the purpose intended.
All machinery and equipment must be installed and maintained in such a
manner as to afford adequate protection from causing fire, explosion,
machinery failure, and personnel injury.
Sec. 119.115 Applicability to existing vessels.
(a) Except as otherwise required by paragraph (b) of this section,
an existing vessel must comply with the regulations on machinery, bilge
and ballast system equipment, steering apparatus, and piping systems or
components which were applicable to the vessel on [date of day before
effective date of the final rule] or, as an alternative, the vessel may
comply with the regulations in this part.
(b) New installations of machinery, bilge and ballast system
equipment, steering equipment, and piping systems or components on an
existing vessel, which are completed to the satisfaction of the
cognizant OCMI on or after [effective date of the final rule], must
comply with the regulations of this part. Replacement of existing
equipment installed on the vessel prior to [effective date of the final
rule] need not comply with the regulations in this part.
Subpart B--Propulsion Machinery
Sec. 119.200 General.
(a) Propulsion machinery must be suitable in type and design for
propulsion requirements of the hull in which it is installed and
capable of operating at constant marine load under such requirements
without exceeding its designed limitations.
(b) All engines must have at least two means for stopping the
engine(s) under any operating conditions. The fuel oil shutoff required
at the engine by Sec. 119.455(b)(4) will satisfy one means of stopping
the engine.
Sec. 119.220 Installations.
(a) The installation requirements for machinery and boilers for
steam and electrically propelled vessels are contained in applicable
regulations in subchapter F (Marine Engineering) and subchapter J
(Electrical Engineering) of this chapter.
(b) Installation of propulsion machinery of an unusual type for
small passenger vessels must be given separate consideration and must
be subject to such requirements as determined necessary by the
cognizant OCMI. Unusual types of propulsion machinery include:
(1) Gas turbine machinery installations;
(2) Air screws;
(3) Hydraulic jets; and
(4) Machinery installations using propulsion and lift devices.
Subpart C--Auxiliary Machinery
Sec. 119.300 General.
Auxiliary machinery must be suitable in type and design for the
purpose intended.
Sec. 119.310 Installations.
(a) Auxiliary machinery of the internal combustion piston type must
comply with the provisions of this part.
(b) Auxiliary machinery of the steam or gas turbine type will be
given separate consideration and must meet the applicable requirements
of subchapter F (Marine Engineering) of this chapter as determined
necessary by the cognizant OCMI.
(c) Auxiliary boilers and heating boilers and their associated
piping and fittings will be given separate consideration and must meet
the applicable requirements of subchapter F (Marine Engineering) of
this chapter as determined necessary by the cognizant OCMI, except that
heating boilers must be tested or examined every three years.
Sec. 119.320 Hot water heaters.
(a) A hot water heater must meet the requirements of parts 52 and
63 of this chapter if rated at more than 100 psig (689 kPa) or 250
deg.F (121 deg.C).
(b) A hot water heater must meet the requirements of parts 53 and
63 of this chapter if rated at not more than 100 psig (689 kPa) and 250
deg.F (121 deg.C), except that an electric hot water heater is also
acceptable if it:
(1) Has a capacity of not more than 120 gallons (454 liters);
(2) Has a heat input of not more than 58.6 kilowatts (200,000 Btu
per hour);
(3) Is listed by Underwriters' Laboratories under UL 174 or 1453;
and
(4) Is protected by a pressure-temperature relief device.
Sec. 119.330 Pressure vessels.
All unfired pressure vessels must be installed to the satisfaction
of the cognizant OCMI. The design, construction, and original testing
of such unfired pressure vessels must meet the applicable requirements
of subchapter F (Marine Engineering) of this chapter.
Subpart D--Specific Machinery Requirements
Sec. 119.400 Applicability.
(a) This subpart applies to all propulsion and auxiliary machinery
installations of the internal combustion piston type.
(c) Where no specific fuel designation exists, the requirements of
this subpart are applicable to all types of fuels and machinery.
Sec. 119.405 Fuel restrictions.
The use of a fuel, other than diesel fuel, as an alternative fuel
for an internal combustion engine, except gasoline when used as a fuel
for outboard motors as allowed by Sec. 119.458, will be reviewed on a
case-by-case basis by the Commandant.
Sec. 119.410 General requirements.
(a) Each starting motor, generator, and spark producing device must
be mounted as high above the bilges as practicable.
(b) Gauges to indicate RPM, engine cooling water discharge
temperature, and lubricating oil pressure must be provided for all
propulsion engines installed in the vessel. The gauges must be readily
visible at the operating station.
(c) In systems and applications where flexible hoses are permitted
to be clamped:
(1) Double hose clamping is required on each end of the hose, where
practicable, except that one hose clamp can be used if the pipe ends
are expanded or beaded to provide a positive stop against hose
slippage;
(2) The clamps must be of a corrosion resistant metallic material;
and
(3) The clamps must not depend on spring tension for their holding
power.
(d) An overspeed trip and or shutdown device must be installed on
all diesel engine installations designed to produce 300 or more
horsepower under ideal conditions, as follows:
(1) For main propulsion engines, meet section 34.11.6 of the ABS
``Rules for Building and Classing Steel Vessels.''
(2) For generator prime movers, meet section 35.21.2 of the ABS
``Rules for Building and Classing Steel Vessels.''
Sec. 119.420 Engine cooling.
(a) Except as otherwise provided in paragraph (b) of this section,
all engines must be water cooled and meet the requirements of this
paragraph.
(1) The engine head, block, and exhaust manifold must be water
jacketed and cooled by water from a pump which operates whenever the
engine is operating.
(2) A suitable hull strainer must be installed in the circulating
raw water intake line of an engine cooling water system.
(3) A closed fresh water system may be used to cool the engine.
(b) A propulsion or auxiliary diesel engine may be air cooled or
employ an air cooled jacket water radiator when:
(1) Installed on an open deck and sufficient ventilation for
machinery cooling is available; or
(2) Installed in an enclosed or partially enclosed space for which
ventilation for machinery cooling which complies with the requirement
of Sec. 119.465(b) of this chapter is provided, and other necessary
safeguards are taken so as not to endanger the vessel.
Sec. 119.422 Keel and grid cooler installations.
(a) A keel or grid cooler installation used for engine cooling must
be designed to prevent flooding.
(b) A shutoff valve must be located where the cooler piping
penetrates the shell, as near the shell as practicable, except where
the penetration is forward of the collision bulkhead.
(c) The thickness of the inlet and discharge connections, outboard
of the shutoff valves required by paragraph (b) of this section, must
be at least Schedule 80.
(d) Short lengths of approved nonmetallic flexible hose, fixed by
hose clamps, may be used at machinery connections for a keel cooler
installation.
Sec. 119.425 Engine exhaust cooling.
(a) Except as otherwise provided in this paragraph, all engine
exhaust pipes must be water cooled.
(1) Vertical dry exhaust pipes are permissible if installed in
compliance with Secs. 116.405(c) and 116.970 of this subchapter.
(2) Horizontal dry exhaust pipes are permitted only if:
(i) They do not pass through living or berthing spaces;
(ii) They terminate above the deepest load waterline;
(iii) They are so arranged as to prevent entry of cold water from
rough or boarding seas;
(iv) They are constructed of corrosion resisting material at the
hull penetration; and
(v) They are installed in compliance with Secs. 116.405(c) and
116.970 of this subchapter.
(b) The exhaust pipe cooling water system must comply with the
requirements of this paragraph.
(1) Water for cooling the exhaust pipe must be obtained from the
engine cooling water system or a separate engine driven pump.
(2) Water for cooling an exhaust pipe, other than a vertical
exhaust, must be injected into the exhaust system as near to the engine
manifold as practicable. The water must pass through the entire length
of the exhaust pipe.
(3) The part of the exhaust system between the point of cooling
water injection and the engine manifold must be water-jacketed or
effectively insulated and protected in compliance with Secs. 116.400(b)
and 116.970 of this subchapter.
(4) Each vertical exhaust pipe must be water-jacketed or suitably
insulated between the engine manifold and the spark arrester required
by Sec. 119.430(g).
(5) When the exhaust cooling water system is separate from the
engine cooling water system, a suitable warning device, visual or
audible, must be installed at the operating station to indicate any
reduction in normal water flow in the exhaust cooling system.
(6) A suitable hull strainer must be installed in the circulating
raw water intake line for the exhaust cooling system.
(c) Engine exhaust cooling systems built in accordance with the
requirements of ABYC P-1 will be considered as meeting the requirements
of this section.
Sec. 119.430 Engine exhaust pipe installation.
(a) The design of all exhaust systems must ensure minimum risk of
injury to personnel. Protection must be provided in compliance with
Sec. 116.970 of this subchapter at such locations where persons or
equipment might come in contact with an exhaust pipe.
(b) Exhaust gas must not leak from the piping or any connections.
The piping must be properly supported by noncombustible hangers or
blocks.
(c) The exhaust piping must be so arranged as to prevent backflow
of water from reaching engine exhaust ports under normal conditions.
(d) An exhaust pipe discharge located less than 3 inches above the
deepest load waterline must be fitted with means to prevent the ingress
of water.
(e) Pipes used for wet exhaust lines must be at least Schedule 80
or corrosion-resistant material and adequately protected from
mechanical damage.
(f) Where flexibility is necessary, a section of flexible metallic
hose may be used. Nonmetallic hose may be used for wet exhaust systems
provided it is especially adapted to resist the action of oil, acid,
and heat, and has a wall thickness sufficient to prevent collapsing or
panting.
(g) Where an exhaust pipe passes through a watertight bulkhead, the
watertight integrity of the bulkhead must be maintained. Noncombustible
packing must be used in bulkhead penetration glands for dry exhaust
systems. A wet exhaust pipe may be welded to a steel bulkhead in way of
a penetration if suitable arrangements are provided to relieve the
stresses resulting from the expansion of the exhaust piping.
(h) A dry exhaust pipe must:
(1) If it passes through a combustible bulkhead or partition, be
kept clear of and suitably insulated or shielded from combustible
material.
(2) Be provided with noncombustible hangers and blocks for support.
(i) An exhaust pipe discharge terminating in a transom must be
located as far outboard as practicable so that exhaust gases cannot re-
enter the vessel.
(j) Arrangements must be made to provide access to allow complete
inspection of the exhaust piping throughout its length.
(k) An exhaust installation subject to pressures in excess of 15
pounds per square inch gauge or having exhaust pipes passing through
living or working spaces must meet the material requirements of part 56
of subchapter F (Marine Engineering) of this chapter.
(l) Engine exhaust installations built in accordance with the
requirements of ABYC P-1 will be considered as meeting the requirements
of this section.
Sec. 119.435 Integral fuel tanks.
(a) Diesel fuel tanks may not be built integral with the hull of a
vessel unless the hull is made of steel or aluminum.
(b) During the initial inspection for certification of a vessel,
integral fuel tanks must withstand a hydrostatic pressure test of 5
pounds per square inch, or the maximum pressure head to which they may
be subjected in service, whichever is greater. A standpipe of 11.5 feet
in height attached to the tank may be filled with water to accomplish
the 5 pounds per square inch test.
Sec. 119.440 Independent fuel tanks.
(a) Materials and construction. Independent fuel tanks must be
designed and constructed of materials in compliance with the
requirements of this paragraph.
(1) The material used and the minimum thickness allowed must be as
indicated in Table 119.440(a)(1), except that other materials which
provide equivalent safety may be approved for use under paragraph
(a)(3) of this section. Tanks having a capacity of more than 150
gallons must be designed to withstand the maximum head to which they
may be subjected in service, but in no case may the thickness be less
than that specified in Table 119.440(a)(1).
Table.--119.440(a)(1)
----------------------------------------------------------------------------------------------------------------
Thickness in inches & gage number\1\ vs. tank capacities for
--------------------------------------------------------------------
Material ASTM specification More than 80 and not
(latest edition) 1 to 80 gallon tanks more than 150 gallon Over 150\2\ gallon
tanks tanks
----------------------------------------------------------------------------------------------------------------
Nickel-copper..... B127, hot rolled sheet 0.037 (USSG 20)\3\... 0.050 (USSG 18)...... 0.107 (USSG 12)
or plate.
Steel or ....................... 0.0747 (MSG 14)...... 0.1046 (MSG 12)...... 0.1793 (MSG 7)
iron\4\\5\.
Aluminum\6\....... B209, alloy 5052, 5083, 0.250 (USSG 3)....... 0.250 (USSG 3)....... 0.250 (USSG 3)
5086.
Fiber reinforced ....................... As required\7\....... As required\7\....... As required\7\
plastic.
----------------------------------------------------------------------------------------------------------------
\1\The gage numbers used in this table may be found in many standard engineering reference books. The letters
``USSG'' stand for ``U.S. Standard Gage,'' which was established by the act of March 3, 1892 (15 U.S.C. 206),
for sheet and plate iron and steel. The letters ``MSG'' stand for ``Manufacturers' Standard Gage'' for sheet
steel thickness.
\2\Tanks over 400 gallons shall be designed with a factor of safety of four on the ultimate strength of the
material used with a design head of not less than 4 feet of liquid above the top of the tank.
\3\Nickel-copper not less than 0.031 inch (USSG 22) may be used for tanks up to 30-gallon capacity.
\4\Tanks intended for use with diesel oil shall not be internally galvanized.
\5\Stainless steel tanks are not included in this category.
\6\Anodic to most common metals. Avoid dissimilar metal contact with tank body.
\7\The requirements of Sec. 119.440(a)(2) apply.
(2) Fiber reinforced plastic may be used for diesel fuel tanks
under the following provisions:
(i) The materials must be fire retardant. Flammability of the
material must be determined by the standard test methods ASTM D635 and
ASTM D2863. The results of these tests must show that the average
extent of burning is less than 0.394 inches (10mm), the average time of
burning is less than 50 seconds, and the limiting oxygen index is
greater than 21.
(ii) Tanks must meet UL 1102. Testing may be accomplished by an
independent laboratory or by the fabricator to the satisfaction of the
OCMI.
(iii) Tanks must be designed to withstand the maximum head to which
they may be subjected to in service.
(iv) Installation of nozzles, flanges or other fittings for pipe
connections to the tanks must be acceptable to the cognizant OCMI.
(v) Baffle plates, if installed, must be of the same material and
not less than the minimum thickness of the tank walls. Limber holes at
the bottom and air holes at the top of all baffles must be provided.
Baffle plates must be installed at the time the tests required by UL
1102 are conducted.
(3) Materials other than those listed in Table 119.440(a)(1) must
be approved by the Commandant. An independent tank using material
approved by the Commandant under this paragraph (a) must meet the
testing requirements of UL 1102. Testing may be accomplished by an
independent laboratory or by the fabricator to the satisfaction of the
OCMI.
(4) Tanks with flanged-up top edges which may trap and hold
moisture are prohibited.
(5) Openings for fill pipes, vent pipes, and machinery fuel supply
pipes, and openings for fuel level gauges, where used, must be on the
topmost surfaces of tanks. Tanks may not have any openings in bottoms,
sides, or ends, except for:
(i) An opening fitted with a threaded plug or cap installed for
tank cleaning purposes; and
(ii) In a diesel fuel tank, openings for supply piping and tubular
gauge glasses.
(6) All tank joints must be welded or brazed. Lap joints may not be
used.
(7) Nozzles, flanges, or other fittings for pipe connections to a
metal tank must be welded or brazed to the tank. Tank openings in way
of pipe connections must be properly reinforced where necessary. Where
fuel level gauges are used on a metal tank, the flanges to which gauge
fittings are attached must be welded or brazed to the tank. Tubular
gauge glasses, if fitted to diesel fuel tanks, must be of heat
resistant materials, adequately protected from mechanical damage, and
provided at the tank connections with devices which will automatically
close in the event of rupture of the gauge or gauge lines.
(8) A metal tank exceeding 30 inches in any horizontal dimension
must:
(i) Be fitted with vertical baffle plates, which meet paragraph
(a)(9) of this section, at intervals not exceeding 30 inches to provide
strength and to control the excessive surge of fuel; or
(ii) The owner shall submit calculations to the cognizant OCMI
demonstrating the structural adequacy of the tank in a fully loaded
static condition and in a worst case dynamic (sloshing) condition.
(9) Baffle plates, where required in metal tanks, must be of the
same material and not less than the minimum thickness required in the
tank walls and must be connected to the tank walls by welding or
brazing. Limber holes at the bottom and air holes at the top of all
baffles must be provided.
(10) Iron or steel diesel fuel tanks must not be galvanized on the
interior. Galvanizing, paint, or other suitable coating must be used to
protect the outside of iron and steel diesel fuel tanks.
(b) Location and installation. Independent fuel tanks must be
located and installed in compliance with the requirements of this
paragraph.
(1) Fuel tanks must be located in, or as close as practicable to,
machinery spaces.
(2) Fuel tanks and fittings must be so installed as to permit
examination, testing, or removal for cleaning with minimum disturbance
to the hull structure.
(3) Fuel tanks must be adequately supported and braced to prevent
movement. The supports and braces must be insulated from contact with
the tank surfaces with a nonabrasive and nonabsorbent material.
(4) All fuel tanks must be electrically bonded to a common ground.
(c) Tests. Independent fuel tanks must be tested in compliance with
the requirements of this part prior to being used to carry fuel.
(1) Prior to installation, tanks vented to the atmosphere must be
hydrostatically tested to, and must withstand, a pressure of 5 pounds
per square inch or 1.5 times the maximum pressure head to which they
may be subjected in service, whichever is greater. A standpipe of 11.5
feet in height attached to the tank may be filled with water to
accomplish the 5 pounds per square inch test. Permanent deformation of
the tank will not be cause for rejection unless accompanied by leakage.
(2) After installation of the fuel tank on a vessel, the complete
installation must be tested in the presence of a marine inspector to a
head not less than that to which the tank may be subjected in service.
Fuel may be used as the testing medium.
(3) All tanks not vented to the atmosphere must be constructed and
tested in accordance with Sec. 119.330.
Sec. 119.445 Fill and sounding pipes for fuel tanks.
(a) Fill pipes for fuel tanks must be not less than 1.5 inches
nominal pipe size.
(b) There must be a means of accurately determining the amount of
fuel in each fuel tank either by sounding, through a separate sounding
pipe or a fill pipe, or by an installed marine type fuel gauge.
(c) Where sounding pipes are used, each opening must be at least as
high as the opening of the fill pipe and they must be kept closed at
all times except during sounding.
(d) Fill pipes and sounding pipes must be so arranged that overflow
of liquid or vapor cannot escape to the inside of the vessel.
(e) Fill pipes and sounding pipes must run as directly as possible,
preferably in a straight line, from the deck connection to the top of
the tank. Such pipes must terminate on the weather deck and must be
fitted with shutoff valves, watertight deck plates, or screw caps,
suitably marked for identification. Diesel fill pipes and sounding
pipes may terminate at the top of the tank.
(f) Where a flexible fill pipe section is necessary, suitable
flexible tubing or hose having high resistance to salt water, petroleum
oils, heat and vibration, may be used. Such hose must overlap metallic
pipe ends at least 1.5 times the pipe diameter and must be secured at
each end by clamps. The flexible section must be accessible and as near
the upper end of the fill pipe as practicable. When the flexible
section is a nonconductor of electricity, the metallic sections of the
fill pipe separated thereby must be joined by a conductor for
protection against generation of a static charge when filling with
fuel.
Sec. 119.450 Vent pipes for fuel tanks.
(a) Each unpressurized fuel tank must be fitted with a vent pipe
connected to the highest point of the tank.
(b) The minimum net cross sectional area of the vent pipe for
diesel fuel tanks must be as follows:
(1) Not less than the cross sectional area of \5/8\-inch outer
diameter (O.D.) tubing (0.035-inch wall thickness, 20 gauge), if the
fill pipe terminates at the top of the tank;
(2) Not less than the cross sectional area of \3/4\-inch O.D.
tubing (0.035-inch wall thickness, 20 gauge), if the fill pipe extends
into the tank; and
(3) Not less than the cross sectional area of the fill pipe if the
tank is filled under pressure.
(c) The discharge ends of fuel tank vent pipes must terminate on
the hull exterior as high above the waterline as practicable and remote
from any hull openings, or they must terminate in U-bends as high above
the weather deck as practicable and as far as practicable from openings
into any enclosed spaces. Vent pipes terminating on the hull exterior
must be installed or equipped to prevent the accidental contamination
of the fuel by water under normal operating conditions.
(d) The discharge ends of fuel tank vent pipes must be fitted with
removable flame screens or flame arresters. The flame screens must
consist of a single screen of corrosion resistant wire of at least
30x30 mesh. The flame screens or flame arresters must be of such size
and design as to prevent reduction in the net cross sectional area of
the vent pipe and permit cleaning or renewal of the flame screens or
arrester elements.
(e) Where a flexible vent pipe section is necessary, suitable
flexible tubing or hose having high resistance to salt water, petroleum
oils, heat and vibration, may be used. Such hose must overlap metallic
pipe ends at least 1.5 times the pipe diameter and must be secured at
each end by clamps. The flexible section must be accessible and as near
the upper end of the vent pipe as practicable.
Sec. 119.455 Fuel piping.
(a) Materials and workmanship. The materials and construction of
fuel lines, including pipe, tube, and hose, must comply with the
requirements of this paragraph.
(1) Fuel lines must be annealed tubing of copper, nickel-copper, or
copper-nickel having a minimum wall thickness of 0.035 inch except
that:
(i) Diesel fuel piping of other materials, such as seamless steel
pipe or tubing, which provide equivalent safety may be used;
(ii) Diesel fuel piping of aluminum is acceptable on aluminum hull
vessels provided it is installed outside the machinery space and is at
least Schedule 80; and
(iii) When used, flexible hose must meet the requirements of
Sec. 56.60-25 of this chapter.
(2) Tubing connections and fittings must be of nonferrous drawn or
forged metal of the flared type except that flareless fittings of the
nonbite type may be used when the tubing system is of nickel-copper or
copper-nickel. When making tube connections, the tubing must be cut
square and flared by suitable tools. Tube ends must be annealed before
flaring.
(3) Cocks are prohibited except for the solid bottom type with
tapered plugs and union bonnets.
(b) Installation. The installation of fuel lines, including pipe,
tube, and hose, must comply with the requirements of this paragraph.
(1) Diesel fuel lines may be connected to the fuel tank at or near
the bottom of the tank.
(2) Fuel lines must be accessible, protected from mechanical
injury, and effectively secured against excessive movement and
vibration by the use of soft nonferrous metal straps which have no
sharp edges and are insulated to protect against corrosion. Where
passing through bulkheads, fuel lines must be protected by close
fitting ferrules or stuffing boxes. All fuel lines and fittings must be
accessible for inspection.
(3) Shutoff valves, installed so as to close against the fuel flow,
must be fitted in the fuel supply lines, one at the tank connection and
one at the engine end of the fuel line to stop fuel flow when servicing
accessories. The shutoff valve at the tank must be manually operable
from outside the compartment in which the valve is located, preferably
from an accessible position on the weather deck. If the shutoff valve
at the tank is located inside the tank compartment, it must be located
so that the operator does not have to reach more than 12 inches into
the compartment and be shielded from flames by the same material the
hull is constructed of, or some noncombustible material. Electric
solenoid valves must not be used, unless used in addition to the manual
valve.
(4) A loop of copper tubing or a short length of flexible hose must
be installed in the fuel supply line at or near the engines. The
flexible hose must meet the requirements of Sec. 56.60-25 of this
chapter.
(5) A suitable metal marine type strainer, meeting the requirements
of the engine manufacturer, must be fitted in the fuel supply line in
the engine compartment. Strainers must be leak free. Strainers must be
of the type opening on top for cleaning screens. Fuel filter and
strainer bowls must be highly resistant to shattering due to mechanical
impact and resistant to failure due to thermal shock. Fuel filters
fitted with bowls of other than steel construction must be approved by
the Commandant and be protected from mechanical damage. Approval of
bowls of other than steel construction will specify if a flame shield
is required.
(6) All accessories installed in the fuel line must be
independently supported.
(7) Valves for removing water or impurities from diesel fuel in
water traps or strainers are permitted. These valves must be provided
with caps or plugs to prevent fuel leakage.
Sec. 119.458 Portable fuel systems.
(a) Portable fuel systems, including portable tanks and related
fuel lines and accessories, are prohibited except where used for
outboard motor installations.
(b) The design, construction and stowage of portable tanks and
related fuel lines and accessories must meet the requirements of ABYC
H-25.
Sec. 119.465 Ventilation of spaces containing diesel machinery.
(a) A space containing diesel machinery must be fitted with
adequate means, such as dripproof ventilators, ducts, or louvers, to
provide sufficient air for proper operation of main engines and
auxiliary engines.
(b) Air-cooled propulsion and auxiliary diesel engines installed
below deck, as permitted by Sec. 119.420, must be fitted with air
supply ducts or piping from the weather deck. The ducts or piping must
be so arranged and supported to be capable of safely sustaining
stresses induced by weight and engine vibration and to minimize
transfer of vibration to the supporting structure. Prior to
installation of ventilation system for such engines, plans or sketches
showing machinery arrangement including air supplies, exhaust stack,
method of attachment of ventilation ducts to the engine, location of
spark arresting mufflers and capacity of ventilation blowers must be
submitted to the cognizant OCMI for approval.
(c) A space containing diesel machinery must be fitted with at
least two ducts to furnish natural or powered supply and exhaust
ventilation. One duct must extend to a point near the bottom of the
space, and be so installed that the ordinary collection of water in the
bilge will not block air flow in the duct. Where powered ventilation is
installed, the duct extending near the bottom of the space must be the
exhaust. The total inlet area and the total outlet area of each
ventilation duct may not be less than one square inch for each foot of
beam of the vessel. These minimum areas must be increased as necessary
when the ducts are considered as part of the air supply to the engines.
(d) A duct must be of rigid permanent construction, which does not
allow any appreciable vapor flow except through normal openings, and
made of the same material as the hull or of noncombustible material.
The duct must lead as directly as possible from its intake opening to
its terminus and be securely fastened and supported.
(e) A supply duct must be provided with a cowl or scoop having a
free area not less than twice the required duct area. When the cowl or
scoop is screened, the mouth area must be increased to compensate for
the area of the screen wire. A cowl or scoop must be kept open at all
times except when the weather is such as to endanger the vessel if the
openings are not temporarily closed.
(f) Dampers may not be fitted in a supply duct.
(g) A duct opening may not be located where the natural flow of air
is unduly obstructed, adjacent to possible sources of vapor ignition,
or where exhaust air may be taken into a supply duct.
(h) Provision must be made for closing all supply duct cowls or
scoops and exhaust duct discharge openings for a space protected by a
fixed gas extinguishing system. All closure devices must be readily
available and mounted in the vicinity of the vent.
Sec. 119.470 Ventilation of spaces containing diesel fuel tanks.
(a) Unless provided with ventilation which complies with
Sec. 119.465, a space containing a diesel fuel tank and no machinery
must meet one of the following requirements:
(1) A space of 500 cubic feet or more in volume must have a
gooseneck vent of not less than 2.5 inches in diameter; or
(2) A space of less than 500 cubic feet in volume must have a
gooseneck vent of not less than 1.5 inches in diameter.
(b) Vent openings may not be located adjacent to possible sources
of vapor ignition.
Subpart E--Bilge and Ballast Systems
Sec. 119.500 General.
(a) A vessel must be provided with a satisfactory arrangement for
draining any watertight compartment, other than small buoyancy
compartments, under all practicable conditions. Sluice valves are not
permitted in watertight bulkheads.
(b) Special consideration may be given to vessels, such as
dynamically supported craft, that have a high degree of subdivision and
utilize numerous small buoyancy compartments. Where the probability of
flooding of the space is limited to external hull damage, compartment
drainage may be omitted provided it can be shown by stability
calculations, submitted to the cognizant OCMI, that the safety of the
vessel will not be impaired.
Sec. 119.510 Bilge piping system.
A vessel must be provided with a piping system that meets
Sec. 56.50-50 of this chapter, with the following exceptions:
(a) The space forward of the collision bulkhead need not be fitted
with a bilge suction line when the arrangement of the vessel is such
that ordinary leakage may be removed from this compartment by the use
of a hand portable bilge pump or other equipment, and such equipment is
provided; and
(b) The vessel need not comply with Sec. 56.50-50(f).
Sec. 119.520 Bilge pumps.
(a) Each vessel must be provided with bilge pumps in accordance
with Sec. 56.50-55 of this chapter, with the following exceptions:
(1) Note 1 in Table 56.50-55(a) is not applicable and should be
disregarded; and
(2) A non-self-propelled vessel must comply with Sec. 56.50-55(a)
of this chapter instead of Sec. 56.50-55(b).
(b) In addition to the requirements of paragraph (a) of this
section, a vessel of not more than 65 feet in length must have a
portable hand bilge pump which must be:
(1) Capable of pumping water, but not necessarily simultaneously,
from all watertight compartments; and
(2) Provided with suitable suction and discharge hoses capable of
reaching the bilges of each watertight compartment, and discharging
overboard.
(c) A second power pump is an acceptable alternative to a hand pump
if it is supplied by a source independent of the first power bilge
pump.
Sec. 119.530 Bilge level alarms.
(a) Each vessel must be provided with a visual and audible alarm at
the operating station to indicate high bilge level in all normally
unattended machinery spaces located below the deepest load waterline.
(b) A visual indicator must be provided at the operating station to
indicate when any automatic bilge pump is operating.
Sec. 119.540 Ballast systems.
Solid and water ballast must comply with the requirements of
subpart L of part 116 of this subchapter.
Subpart F--Steering Systems
Sec. 119.600 General.
A self-propelled vessel must meet the applicable requirements for
main and auxiliary steering apparatus in subchapters F (Marine
Engineering) and J (Electrical Engineering) of this chapter.
Subpart G--Piping Systems
Sec. 119.700 General.
Materials used in piping systems must meet the requirements of this
subpart and be otherwise acceptable to the cognizant OCMI.
Sec. 119.710 Piping for vital systems.
(a) Vital systems are those systems which are vital to a vessel's
survivability and safety. For the purpose of this part the following
are vital systems:
(1) Fuel system;
(2) Fire main;
(3) CO2 and Halon systems;
(4) Bilge system;
(5) Steering system;
(6) Propulsion system and its necessary auxiliaries and controls;
(7) Ship's service and emergency electrical generation system and
its necessary auxiliaries; and
(8) A marine engineering system identified by the cognizant OCMI as
being crucial to the survival of the vessel or to the protection of the
personnel on board.
(b) For the purpose of this part, a system not identified in
paragraph (a) of this section is a non-vital system.
(c) Piping used in a vital system must meet part 56, subpart 56.60
of this chapter, except that Sec. 119.730 replaces Sec. 56.60-20 of
this chapter.
Sec. 119.715 Piping subject to more than 150 psi in non-vital systems.
Piping subject to more than 150 psi in a non-vital system must be
designed, fabricated, and inspected in accordance with the principles
of ANSI B 31.1 or other industry standard acceptable to the Commandant.
Sec. 119.720 Nonmetallic piping materials.
Nonmetallic piping materials, including nonmetallic flexible hose
assemblies, must meet the requirements of Sec. 56.60-25 of this
chapter.
Sec. 119.730 Nonferrous metallic piping materials.
(a) Nonferrous metallic piping materials are acceptable for use in
the following:
(1) Non-vital systems;
(2) Aluminum fuel piping on an aluminum hulled vessel, if at least
Schedule 80 and located outside the machinery space;
(3) Aluminum bilge, ballast, and firemain piping on an aluminum
hulled vessel;
(4) If acceptable to the cognizant OCMI, nonferrous metallic piping
with a melting temperature above 1700 deg.F may be used in vital
systems that are deemed to be galvanically compatible; and
(5) Other uses specifically accepted by the cognizant OCMI.
(b) Where nonferrous metallic material is permitted for use in
piping systems by this subpart, the restrictions in this paragraph
apply:
(1) Provisions must be made to protect piping systems using
aluminum alloys in high risk fire areas due to the low melting point of
aluminum alloys;
(2) Provisions must be made to prevent or mitigate the effect of
galvanic corrosion due to the relative solution potentials of copper,
aluminum, and alloys of copper and aluminum, which are used in
conjunction with each other, steel, or other metals and their alloys;
(3) A suitable thread compound must be used in making up threaded
joints in aluminum pipe to prevent seizing. Pipe in the annealed temper
must not be threaded;
(4) The use of aluminum alloys with a copper content exceeding 0.6
percent is prohibited; and
(5) The use of cast aluminum alloys in hydraulic fluid power
systems must be in accordance with the requirements of Sec. 58.30-15(f)
of this chapter.
PART 120--ELECTRICAL INSTALLATIONS
Subpart A--General Provisions
Sec.
120.100 Intent.
120.115 Applicability to existing vessels.
Subpart B--General Requirements
120.200 General design, installation, and maintenance requirements.
120.210 Protection from wet and corrosive environments.
120.220 General safety provisions.
Subpart C--Power Sources and Distribution Systems
120.310 Power sources.
120.312 Power sources on vessels more than 65 feet in length with
overnight accommodations for more than 49 passengers.
120.320 Generators and motors.
120.322 Multiple generators.
120.324 Dual voltage generators.
120.330 Distribution panels and switchboards.
120.340 Cable and wiring requirements.
120.350 Batteries--general.
120.352 Battery categories.
120.354 Battery installations.
120.360 Semiconductor rectifier systems.
120.370 System and equipment grounding.
120.380 Overcurrent protection.
120.390 Shore power.
120.392 Radiotelephone installations.
Subpart D--Lighting Systems
120.410 Lighting fixtures.
120.420 Navigation lights.
120.430 Portable lights.
120.432 Emergency lighting.
120.434 Lifeboats and liferaft floodlights on vessel more than 65
feet in length with overnight accommodations for more than 49
passengers.
Subpart E--Miscellaneous Systems and Requirements
120.520 Lifeboat winches.
120.530 Hazardous areas.
120.540 Elevators.
120.550 General alarm systems.
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Subpart A--General Provisions
Sec. 120.100 Intent.
This part contains requirements for the design, construction,
installation, and operation of electrical equipment and systems
including power sources, lighting, motors, miscellaneous equipment, and
safety systems.
Sec. 120.115 Applicability to existing vessels.
(a) Except as otherwise required by paragraphs (b) and (c) of this
section, an existing vessel must comply with the regulations on
electrical installations, equipment, and material which were applicable
to the vessel on [date of the day before the effective date of the
final rule] or, as an alternative, the vessel may comply with the
regulations in this part.
(b) An existing vessel must comply with the requirements of
Secs. 120.420 and 120.430.
(c) New installations of electrical equipment and material, and the
repair or replacement of wire and cable, on an existing vessel, which
are completed to the satisfaction of the cognizant OCMI on or after
[effective date of the final rule], must comply with this part.
Replacement of existing equipment, not including wire or cable,
installed on the the vessel prior to [effective date of the final rule]
need not comply with the regulations in this part.
Subpart B--General Requirements
Sec. 120.200 General design, installation, and maintenance
requirements.
Electrical equipment on a vessel must be installed and maintained
to:
(a) Provide services necessary for safety under normal and
emergency conditions;
(b) Protect passengers, crew, other persons, and the vessel from
electrical hazards, including fire, caused by or originating in
electrical equipment, and electrical shock;
(c) Minimize accidental personnel contact with energized parts; and
(d) Prevent electrical ignition of flammable vapors.
Sec. 120.210 Protection from wet and corrosive environments.
(a) Electrical equipment used in the following locations must be
dripproof:
(1) A machinery space;
(2) A location normally exposed to splashing, water washdown, or
other wet conditions within a galley, a laundry, or a public washroom
or toilet room that has a bath or shower; or
(3) Another space with a similar moisture level.
(b) Electrical equipment exposed to the weather must be watertight.
(c) Electrical equipment exposed to corrosive environments must be
of suitable construction and corrosion-resistant.
Sec. 120.220 General safety provisions.
(a) Electrical equipment and installations must be suitable for the
roll, pitch, and vibration of the vessel underway.
(b) All equipment, including switches, fuses, lampholders, etc.,
must be suitable for the voltage and current utilized.
(c) Receptacle outlets of the type providing a grounded pole or a
specific direct current polarity must be of a configuration that will
not permit improper connection.
(d) All electrical equipment and circuits must be clearly marked
and identified.
(e) Any cabinet, panel, box, or other enclosure containing more
than one source of power must be fitted with a sign warning persons of
this condition and identifying the circuits to be disconnected.
Subpart C--Power Sources and Distribution Systems
Sec. 120.310 Power sources.
(a)(1) Each vessel that relies on electricity to power the
following loads must have at least two sources of electricity for each
load:
(i) The vital systems listed in Sec. 119.710 of this subchapter.
(ii) Interior lighting except for decorative lights.
(iii) Communication systems including a public address system
required under Sec. 121.610 of this subchapter.
(iv) Navigation equipment and lights.
(2) Except as provided in Sec. 120.312, a vessel with batteries of
adequate capacity to supply the loads specified in paragraph (a)(1) of
this section, and a generator or alternator driven by a propulsion
engine, complies with the requirement in paragraph (a)(1) of this
section.
(b) Where a ship service generator driven by a propulsion engine is
used as a source of electrical power, a vessel speed change, throttle
movement or change in direction of the propeller shaft rotation must
not interrupt power to any of the loads specified in paragraph (a)(1)
of this section.
Sec. 120.312 Power sources on vessels of more than 65 feet in length
with overnight accommodations for more than 49 passengers.
A vessel of more than 65 feet in length with overnight
accommodations for more than 49 passengers must have:
(a) Two generator sets;
(b) An electrical power system which complies with the requirements
of Secs. 111.10-4, 111.10-5, 111.10-9, 111.10-11 of this chapter; and
(c) A final emergency power source, as defined by Sec. 112.01-20 of
this chapter, with sufficient capacity to power the loads listed in
Sec. 112.15-5 of this chapter.
Sec. 120.320 Generators and motors.
(a) Each generator and motor must be:
(1) In a location that is accessible, adequately ventilated, and as
dry as practicable; and
(2) Mounted above the bilges to avoid damage by splash and to avoid
contact with low lying vapors.
(b) Each generator and motor must be designed for an ambient
temperature of 50 deg.C (122 deg.F) except that:
(1) If the ambient temperature in the space where a generator or
motor will be located will not exceed 40 deg.C under normal operating
conditions, the generator or motor may be designed for an ambient
temperature of 40 deg.C; and
(2) A generator or motor designed for 40 deg.C may be used in
50 deg.C ambient locations provided the generator or motor is derated
to 80 percent of the full load rating, and the rating or setting of the
overcurrent devices is reduced accordingly.
(c) A voltmeter and an ammeter, which can be used for measuring
voltage and current of a generator that is in operation, must be
provided for a generator rated at 50 volts or more. For each
alternating current generator, a means for measuring frequency must
also be provided. Additional control equipment and measuring
instruments must be provided, if needed, to ensure satisfactory
operation of each generator.
(d) Each generator must have a nameplate attached to it containing
the information required by Article 445 of the NEC (NFPA 70), and for a
generator derated in accordance with paragraph (b)(2) of this section,
the derated capacity.
(e) Each motor must have a nameplate attached to it containing the
information required by Article 430 of the NEC (NFPA 70), and for a
motor derated in accordance with paragraph (b)(2) of this section, the
derated capacity.
Sec. 120.322 Multiple generators.
When a vessel is equipped with two or more generators to supply
ship's service power, the following requirements must be met:
(a) Each generator must have an independent prime mover; and
(b) The generator circuit breakers must be interlocked to prevent
the generators from being simultaneously connected to the switchboard,
except for the circuit breakers of a generator operated in parallel
with another generator when the installation meets Secs. 111.05-13,
111.12-11(f), 111.30-19(a), and 111.30-25(d) of this chapter.
Sec. 120.324 Dual voltage generators.
When a dual voltage generator is installed on a vessel:
(a) The neutral of a dual voltage system must be solidly grounded
at the switchboard's neutral bus and be accessible for checking the
insulation resistance of the generator to ground before the generator
is connected to the bus; and
(b) Ground detection must be provided that:
(1) For an alternating current system, meets Sec. 111.05-27 of this
chapter; and
(2) For a direct current system, meets Sec. 111.05-29 of this
chapter.
Sec. 120.330 Distribution panels and switchboards.
(a) Each distribution panel and switchboard must be in as dry a
location as practicable, accessible, adequately ventilated, and
protected from falling debris and dripping or splashing water.
(b) Each distribution panel or switchboard must be totally enclosed
and of the dead front type.
(c) Each switchboard must have nonconductive handrails.
(d) Each switchboard must be fitted with a dripshield.
(e) Distribution panels and switchboards which are accessible from
the rear must be constructed to prevent a person from accidentally
contacting energized parts.
(f) Working space must be provided around all main distribution
panels and switchboards of at least 24 inches in front of the
switchboard, and behind the switchboard at least 18 inches from the
nearest bulkhead, stiffener, or frame, or have no rear access.
(g) Nonconducting mats or grating must be provided on the deck in
front of each switchboard and, if accessible from the rear, on the deck
in the rear of the switchboard.
(h) All uninsulated current carrying parts must be mounted on
noncombustible, nonabsorbent, high dielectric insulating material.
(i) Equipment mounted on a hinged door of an enclosure must be
constructed or shielded so that a person will not accidentally contact
energized parts of the door mounted equipment when the door is open and
the circuit energized.
(j) In the design of a control, interlock, or indicator circuit,
all practicable steps must be taken to eliminate all but one source of
potential in an enclosure. If the control functions make it
impracticable to energize the control, interlock or indicator circuit
from the load side of a motor and control disconnect device, each
conductor of such a circuit, except those vital circuits identified in
Sec. 119.710 of this subchapter, must be disconnected from all sources
of potential by a disconnect device actuated by the opening of the
controller door. The disconnect device and its connections, including
each terminal block for terminating the vessel's wiring, must not have
any electrically unshielded or uninsulated surfaces.
(k) Switchboards and distribution panels must be adequately sized
for the expected loads.
Sec. 120.340 Cable and wiring requirements.
(a) If individual wires, rather than cables, are used in systems
greater than 50 volts, the wire must be run in a protective enclosure.
The protective enclosure must have drain holes to prevent the build up
of condensation.
(b) All cable and wire must:
(1) Have stranded copper conductors with sufficient current
carrying capacity for the circuit in which they are used;
(2) Be installed in a manner to avoid or reduce interference with
radio reception and compass indication;
(3) Be protected from the weather;
(4) Be installed with metal supports spaced not more than 24 inches
apart, and in such a manner as to avoid chafing and other damage. The
use of plastic tie wraps must be limited to bundling or retention of
multiple cable installations, and not used as a means of support;
(5) Not be installed with sharp bends;
(6) Be protected by metal coverings or other suitable means if in
areas subject to mechanical abuse;
(7) Be suitable for low temperature and high humidity if installed
in refrigerated compartments;
(8) Not be located in a tank unless the cable provides power to
equipment in the tank; and
(9) Have sheathing or wire insulation compatible with the fluid in
a tank when installed as allowed by paragraph (b)(8) of this section.
(c) Conductors in power and lighting circuits must be No. 14 AWG or
larger. Conductors in control and indicator circuits must be No. 22 AWG
or larger.
(d) Cable and wire for power and lighting circuits must:
(1) Meet Section 310-13 of the NEC (NFPA 70) except that asbestos
insulated cable and dry location cables can not be used;
(2) Be listed by Underwriters Laboratories Inc. as UL Boat or UL
Marine cable; or
(3) Meet Sec. 111.60-1 of this chapter.
(e) Cable or wire serving vital systems listed in Sec. 119.710 of
this subchapter or emergency loads must be routed as far as practicable
from high risk fire areas such as galleys, laundries, and machinery
spaces.
(f) Cable or wire serving duplicated equipment must be separated so
that a casualty that affects one cable does not affect the other.
(g) Each connection to a conductor or terminal part of a conductor
that is larger than No. 10 AWG must be made within an enclosure and
have:
(1) A pressure type connector on each conductor;
(2) A solder lug on each conductor;
(3) A splice made with a pressure type connector to a flexible lead
or conductor; or
(4) A splice that is soldered, brazed, or welded to a flexible lead
or conductor.
(h) Each connection to a conductor or a terminal part of a
conductor that is No. 10 AWG or smaller must be made within an
enclosure and:
(1) Meet paragraph (g) of this section; or
(2) Have clamps or screws with terminal plates that have turned
lugs or other suitable means to capture the terminal.
(i) A connector or lug of the set screw type must not be used with
a stranded conductor smaller than No. 14 AWG except if there is a
nonrotating follower that travels with the set screw and makes pressure
contact with the conductor.
(j) Each pressure type wire connector and lug must meet UL 486A.
The use of wire nuts is prohibited.
(k) Each terminal block must have 6-32 terminal screws or larger.
(l) Wire connectors utilized in conjunction with screw type
terminal blocks must be of the captive type such as the ring or the
flanged spade type.
(m) A cable must not be spliced in:
(1) A hazardous location; or
(2) In another location except:
(i) A cable installed in a subassembly may be spliced to a cable
installed in another subassembly;
(ii) For a vessel receiving alterations, a cable may be spliced to
extend a circuit;
(iii) A cable having a large size or exceptional length may be
spliced to facilitate its installation; and
(iv) A cable may be spliced to replace a damaged section of the
cable if, before replacing the damaged section, the insulation
resistance of the remainder of the cable is measured, and it is
determined that the condition of the insulation is unimpaired.
(n) All material in a cable splice must be chemically compatible
with all other material in the splice and with the materials in the
cable.
(o) Ampacities for conductors must meet Section 310-15 of the NEC
(NFPA 70) or IEEE Standard 45, as appropriate.
(p) Conductors must be sized so that the voltage drop at the load
terminals does not exceed 10 percent. Table 120.340(p) indicates the
size of conductor required for corresponding lengths and steady state
(stable) values to obtain not more than this voltage drop at the load
terminals of a two conductor circuit.
Table 120.340(p).--Conductor Sizes for Amperes--Lengths
----------------------------------------------------------------------------------------------------------------
Length of conductor in feet from source of current to most distant fixture [12 volts,
Total current on 2-wire--10 percent drop wire sizes (A.W.G.)]
circuit, amperes ---------------------------------------------------------------------------------------
10 15 20 25 30 35 40 45 50 55 60
----------------------------------------------------------------------------------------------------------------
5....................... 14 14 14 14 14 14 14 14 12 12 12
10...................... 14 14 14 12 12 12 10 10 10 10 8
15...................... 14 14 12 10 10 10 8 8 8 8 8
20...................... 12 12 10 10 8 8 8 8 6 6 6
25...................... 10 10 10 8 8 8 6 6 6 6 4
----------------------------------------------------------------------------------------------------------------
TP13JA94.001
(q) If used, each armored cable metallic covering must:
(1) Be electrically continuous; and
(2) Be grounded at each end of the run to:
(i) The metallic hull; or
(ii) The common ground plate on nonmetallic vessels; and
(3) Have final sub-circuits grounded at the supply end only.
(r) A portable or temporary electric cord or cable must be
constructed and used in compliance with the requirements of
Sec. 111.60-13 of this chapter for a flexible electric cord or cable.
Sec. 120.350 Batteries--general.
(a) Where provisions are made for charging batteries, there must be
natural or induced ventilation sufficient to dissipate the gases
generated.
(b) Each battery must be located as high above the bilge as
practicable, secured to protect against shifting with the roll and
pitch of the vessel, and free from exposure to water splash or spray.
(c) Batteries must be accessible for maintenance and removal.
(d) Connections must be made to battery terminals with permanent
type connectors. Spring clips or other temporary type clamps are
prohibited.
(e) Batteries must be mounted in trays lined with, or constructed
of, a material which is resistant to damage by the electrolyte.
(f) Battery chargers must have an ammeter connected in the charging
circuit.
(g) If the batteries are not adjacent to a distribution panel or
switchboard which distributes power to the lighting, motor, and
appliance circuits, the battery lead must have a fuse in series,
located as close as practicable to the battery.
(h) Batteries used for engine starting are to be located as close
as possible to the engine or engines served.
Sec. 120.352 Battery categories.
This section applies to batteries installed to meet the
requirements of Sec. 120.310 for secondary sources of power to vital
loads, or sources of power to final emergency loads.
(a) Large. A large battery installation is one connected to a
battery charger having an output of more than 2 kw, computed from the
highest possible charging current and the rated voltage of the battery
installation.
(b) Small. A small battery installation is one connected to a
battery charger having an output of 2 kw or less, computed from the
highest possible charging current and the rated voltage of the battery
installation.
Sec. 120.354 Battery installations.
(a) Large batteries. Each large battery installation must be
located in a locker, room or enclosed box solely dedicated to the
storage of batteries. Ventilation must be provided in accordance with
Sec. 111.15-10 of this chapter. Electrical equipment located within the
battery enclosure must be approved by an independent laboratory for
Class I, Division 1, Group B hazardous locations and meet part 111,
subpart 111.105 of this chapter.
(b) Small batteries. Each small battery installation must be
located in a well ventilated space and protected from falling objects.
A small battery installation must not be in a closet, storeroom, or
similar space.
Sec. 120.360 Semiconductor rectifier systems.
(a) Each semiconductor rectifier system must have an adequate heat
removal system that prevents overheating.
(b) Where a semiconductor rectifier system is used in a propulsion
system or in other vital systems it must:
(1) Have a current limiting circuit;
(2) Have external overcurrent protection; and
(3) Meet Sections 35.84.2 and 35.84.4 of the ABS ``Rules for
Building and Classing Steel Vessels.''
Sec. 120.370 System and equipment grounding.
(a) All metallic enclosures and frames of electrical equipment must
be permanently grounded to the hull on a metallic vessel. On a
nonmetallic vessel the enclosures and frames of electrical equipment
must be bonded together to a common ground by a normally non-current
carrying conductor. Metallic cases of instruments and secondary
windings of instrument transformers must be grounded.
(b) If a grounded distribution system is provided, there must be
only one connection to ground, regardless of the number of power
sources. This ground connection must be at the switchboard or at the
common ground plate, which must be accessible.
(c) Each propulsion, power, lighting, or distribution system having
a neutral bus or conductor must have the neutral grounded.
(d) The neutral of each grounded generation and distribution system
must be grounded at the generator switchboard and have the ground
connection accessible for checking insulation resistance of the
generator to ground before the generator is connected to the bus,
except the neutral of an emergency power generation system must be
grounded with:
(1) No direct ground connection at the emergency switchboard;
(2) The neutral bus permanently connected to the neutral bus on the
main switchboard; and
(3) No switch, circuit breaker, or fuse in the neutral conductor of
the bus-tie feeder connecting the emergency switchboard to the main
switchboard.
(e) On a nonmetallic vessel where a ground plate is provided for
radio equipment, it must be connected to the common ground.
(f) On a metallic vessel a grounded alternating current system must
be grounded to the hull. On a nonmetallic vessel the neutral must be
connected to the common ground, except that aluminum grounding
conductors must not be used.
(g) Equipment grounding conductors must be sized in accordance with
Section 250-95 of the NEC (NFPA 70).
(h) Each insulated grounding conductor of a cable must be
identified by one of the following means:
(1) A green braid or green insulation;
(2) Stripping the insulation from the entire exposed length of the
grounding conductor; or
(3) Marking the exposed insulation of the grounding conductor with
green tape or green adhesive labels.
(i) A vessel's hull must not carry current as a conductor except
for the following systems:
(1) Impressed current cathodic protection systems; or
(2) Battery systems for engine starting.
(j) Cable armor must not be used to ground electrical equipment or
systems.
(k) Receptacle outlets and attachment plugs for portable lamps,
tools, and similar apparatus operating at 100 volts or more, must have
a grounding pole and a grounding conductor in the portable cord.
(l) Each nonmetallic mast and top mast must have a lightning ground
conductor.
Sec. 120.380 Overcurrent protection.
(a) Overcurrent protection must be provided for each ungrounded
conductor for the purpose of opening the electric circuit if the
current reaches a value that causes an excessive or dangerous
temperature in the conductor or conductor insulation.
(b) A conductor of a control, interlock, or indicator circuit, such
as a conductor for an instrument, pilot light, ground detector light,
or potential transformer, must be protected by an overcurrent device.
(c) Each generator must be protected by an overcurrent device set
at a value not exceeding 115 per cent of the generator full load
rating.
(d) All circuits other than steering system circuits must be
protected against both overload and short circuit.
(e) Each steering gear feeder circuit must be protected by a
circuit breaker that meets the requirements of paragraphs (a) and (b)
of Sec. 111.93-11 of this chapter.
(f) Each lighting branch circuit must be protected against
overcurrent either by fuses or circuit breakers rated at not more than
30 amperes.
(g) Conductors must be protected in accordance with their current
carrying capacities. If the allowable current carrying capacity does
not correspond to a standard device size, the next larger overcurrent
device may be used provided it does not exceed 150 per cent of the
conductor current carrying capacity.
(h) Overcurrent devices capable of carrying the starting current of
the motor must be installed to protect motors, motor conductors, and
control apparatus against:
(1) Overcurrent due to short circuits or ground faults; and
(2) Overload due to motor running overcurrent, in accordance with
Sec. 111.70-1 of this chapter. A protective device integral with the
motor, which is responsive to both motor current and temperature, may
be used.
(i) An emergency switch must be provided in the normally ungrounded
main supply conductor from a battery. The switch must be accessible and
located as close to the battery as practicable.
(j) The grounded conductor of a circuit must not be disconnected by
a switch or circuit breaker, unless the ungrounded conductors are
simultaneously disconnected.
(k) Disconnect means must be provided on the supply side of and
adjacent to all fuses for the purpose of de-energizing the fuses for
inspection and maintenance purposes.
(l) If the disconnect means is not within sight of the equipment
that the circuit supplies, means must be provided for locking the
disconnect device in the open position.
(m) Fuses must be of the cartridge type only and be listed by
Underwriters Laboratories or another independent laboratory recognized
by the Commandant.
(n) Each circuit breaker must meet UL 489 and be of the manually
reset type designed for:
(1) Inverse time delay;
(2) Instantaneous short circuit protection; and
(3) Switching duty if the breaker is used as a switch.
(o) Each circuit breaker must indicate whether it is in the open or
closed position.
Sec. 120.390 Shore power.
A vessel with an electrical system operating at more than 50 volts,
which is provided with a means to connect to shore power, must meet the
following:
(a) A shore power connection box or receptacle must be permanently
installed at a convenient location;
(b) A cable connecting the shore power connection box or receptacle
to the switchboard or main distribution panel must be permanently
installed;
(c) A circuit breaker must be provided at the switchboard or main
distribution panel for the shore power connection; and
(d) The circuit breaker, required by paragraph (c) of this section,
must be interlocked with the vessel's power sources so that shore power
and the vessel's power sources may not be operated simultaneously.
Sec. 120.392 Radiotelephone installations.
A separate circuit, with overcurrent protection at the main
distribution panel, must be provided for each radiotelephone
installation.
Subpart D--Lighting Systems
Sec. 120.410 Lighting fixtures.
(a) Each lighting fixture globe, lens, or diffuser must have a
guard or be made of high strength material, except in an accommodation
space, radio room, galley, or similar space where it is not subject to
damage.
(b) A lighting fixture may not be used as a connection box for a
circuit other than the branch circuit supplying the fixture.
(c) A lighting fixture must be installed as follows:
(1) Each fixture must comply with Sec. 120.200.
(2) Each lighting fixture and lampholder must be fixed. A fixture
must not be supported by the screw shell of a lampholder.
(3) Each pendant type lighting fixture must be suspended by and
supplied through a threaded, rigid conduit stem.
(4) Each table lamp, desk lamp, floor lamp, or similar equipment
must be secured in place so that it cannot be displaced by the roll or
pitch of the vessel.
(d) An exterior lighting fixture in an electrical system operating
at more than 50 volts must comply with the requirements of UL 595. A
lighting fixture in an accommodation space, radio room, galley or
similar interior space may comply with UL 57, 1570, 1571, 1572, 1573,
or 1574.
Sec. 120.420 Navigation lights.
All vessels must have navigation lights that are in compliance with
the applicable sections of the International and Inland Navigation
Rules, except that a vessel of more than 65 feet in length must also
have navigation lights that meet UL 1104.
Sec. 120.430 Portable lights.
Each vessel must be equipped with at least two portable battery
lights. One of these lights must be located at the operating station
and the other at the access to the propulsion machinery space.
Sec. 120.432 Emergency lighting.
(a) Each vessel must have adequate emergency lighting fitted along
the line of escape to the main deck from all passenger and crew
accommodation spaces located below the main deck.
(b) The emergency lighting required by paragraph (a) of this
section must automatically actuate upon failure of the main lighting
system. If a vessel is not equipped with a single source of power for
emergency lighting, it must have individual battery powered lights
which:
(1) Are automatically actuated upon loss of normal power;
(2) Are not readily portable;
(3) Are connected to an automatic battery charger; and
(4) Have sufficient capacity for a minimum of 6 hours of continuous
operation.
(c) A vessel of more than 65 feet in length with overnight
accommodations for more than 49 passengers must have an emergency
lighting system which complies with part 112 of this chapter.
Sec. 120.434 Lifeboat and liferaft floodlights on vessels of more than
65 feet in length with overnight accommodations for more than 49
passengers.
Each vessel of more than 65 feet in length with overnight
accommodations for more than 49 passengers must have floodlights for
illuminating the stowage position and embarkation station of lifeboats,
liferafts, rescue boats, and rescue platforms, where installed. These
floodlights must meet the requirements of Sec. 111.75-16 of this
chapter.
Subpart E--Miscellaneous Systems and Requirements
Sec. 120.520 Lifeboat winches.
Each electric power operated lifeboat winch must meet part 111,
subpart 111.95 and part 160, subpart 160.015 of this chapter.
Sec. 120.530 Hazardous areas.
(a) Electrical equipment in lockers used to store paint, oil,
turpentine, or other flammable liquids must be explosion-proof or be
part of an intrinsically safe system.
(b) Explosion-proof equipment and intrinsically safe systems must
meet the requirements of part 111, subpart 111.105 of this chapter.
Sec. 120.540 Elevators.
Each electric power, control, and interlock circuit of an elevator
on a vessel must meet the requirements of ANSI A17.1.
Sec. 120.550 General alarm systems.
(a) All vessels with overnight accommodations must be equipped with
a general alarm system.
(b) A vessel of more than 65 feet in length with overnight
accommodations for more than 49 passengers must have a general alarm
which meets the requirements of part 113, subpart 113.25 of this
chapter.
(c) The public address system required by Sec. 121.610 of this
subchapter may be used to sound the general alarm signal.
PART 121--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
Subpart A--General Provisions
Sec
121.100 General requirement.
121.115 Applicability to existing vessels.
Subpart B--Cooking and Heating
121.200 General.
121.202 Restrictions.
121.210 Heating Equipment.
121.220 Cooking Equipment.
121.240 Gas Systems.
Subpart C--Mooring and Towing Equipment
121.300 Ground tackle and mooring lines.
Subpart D--Navigation Equipment
121.402 Compasses.
121.404 Radars.
121.410 Electronic position fixing devices.
121.420 Charts and nautical publications.
Subpart E--Radio
121.502 Requirements of the Federal Communications Commission.
121.506 Emergency broadcast placard.
Subpart F--Control and Internal Communication Systems
121.602 Internal communication systems.
121.610 Public address systems.
121.620 Propulsion engine control systems.
Subpart G--Miscellaneous
121.702 Oil pollution prevention equipment and procedures.
121.704 Marine sanitation devices.
121.710 First aid kits.
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Subpart A--General Provisions
Sec. 121.100 General requirement.
(a) Vessel control systems and other miscellaneous systems and
equipment required by this part must be suitable for the purposes
intended.
(b) The cognizant OCMI may require navigation, control, or
communication equipment, in excess of the equipment specifically
required by this part, on a vessel which is of a novel design, operates
at high speeds in restricted or high traffic areas, operates in a
dynamically supported mode, or operates on extended routes or in remote
locations.
Sec. 121.115 Applicability to existing vessels.
(a) An existing vessel need not comply with Secs. 121.402(c),
121.404, 121.410, and 121.602 unless the cognizant OCMI specifically
requires compliance due to the route or service of the vessel.
(b) An existing vessel need not comply with the requirements of
Sec. 121.610 until [date 5 years after effective date of the final
rule], or 10 years after its keel was laid or the vessel was at a
similar stage of construction, whichever is later.
(c) An existing vessel need not comply with the requirements of
Sec. 121.710 until [date 1 year after effective date of the final
rule].
Subpart B--Cooking and Heating
Sec. 121.200 General.
Cooking and heating equipment must be suitable for marine use.
Equipment designed and installed in accordance with ABYC A-3 and A-7,
or with NFPA 302 complies with this requirement, except as restricted
by Sec. 121.202.
Sec. 121.202 Restrictions.
(a) The use of gasoline for cooking, heating, or lighting is
prohibited on all vessels.
(b) Fireplaces or other heating and cooking equipment with open
flames are prohibited from being used on all vessels.
(c) Vessels permitted to use liquefied and non-liquefied gases as
cooking fuels by 46 CFR part 147 must meet the requirements of
Sec. 121.240. The use of these fuels for cooking, heating, and lighting
on ferry vessels is prohibited by 46 CFR part 147.
Sec. 121.210 Heating equipment.
(a) Each heater must be so constructed and installed as to prevent
the hanging from it of items such as towels and clothing.
(b) Each electric space heater must be provided with a thermal
cutout to prevent overheating.
(c) Each heater element of an electric space heater must be of an
enclosed type, and the element case or jacket must be made of a
corrosion resistant material.
Sec. 121.220 Cooking equipment.
(a) Doors on a cooking appliance must be provided with heavy duty
hinges and locking devices to prevent accidental opening in heavy seas.
(b) A cooking appliance must be installed to prevent movement in
heavy seas.
(c) For a grill or similar type of cooking appliance, means must be
provided to collect grease or fat and to prevent its spillage on wiring
or the deck.
(d) Grab rails must be installed on a cooking appliance when
determined by the cognizant OCMI to be necessary for safety.
(e) Sea rails, with suitable barriers to prevent accidental
movement of cooking pots, must be installed on a cooking range.
(f) Electric connections for a cooking appliance must be dripproof.
Sec. 121.240 Gas systems.
[Reserved for final rules which have been developed under Coast Guard
Docket 83-013, Carriage and Use of Liquefied and Non-liquefied Gas as
Cooking Fuels on Vessels Carrying Passengers, and which will be
inserted in this section.]
Subpart C--Mooring and Towing Equipment
Sec. 121.300 Ground tackle and mooring lines.
A vessel must be fitted with ground tackle and mooring lines
necessary for the vessel to be safely anchored and moored. The ground
tackle and mooring lines provided must be satisfactory for the size of
the vessel, the waters on which the vessel operates, and other
operating hazards, subject to the approval of the cognizant OCMI.
Subpart D--Navigation Equipment
Sec. 121.402 Compasses.
(a) Except as otherwise provided in this section every vessel must
be fitted with a suitable magnetic compass designed for marine use, to
be mounted at the primary operating station.
(b) The following vessels need not be fitted with a compass:
(1) A vessel on a rivers route;
(2) A non-self-propelled vessel; and
(3) A vessel operating on short restricted routes on lakes, bays,
and sounds.
(c) Except on a vessel limited to daytime operations, the compass
must be illuminated.
Sec. 121.404 Radars.
(a) The following self-propelled vessels must be fitted with a FCC
type accepted general marine radar system for surface navigation with a
radar screen mounted at the primary operating station:
(1) A vessel of more than 65 feet in length with overnight
accommodations for more than 49 passengers; and
(2) A ferry which operates on a rivers route not within one mile of
land.
(3) Any other vessel, except a vessel operated on a short
restricted route when the cognizant OCMI has determined that a radar is
not necessary due to the vessel's route and local weather conditions.
(b) The radar and its installation must be suitable for the
intended speed and route of the vessel.
Sec. 121.410 Electronic position fixing devices.
A vessel on an oceans route must be equipped with an electronic
position fixing device, capable of providing accurate fixes for the
area in which the vessel operates, to the satisfaction of the cognizant
OCMI.
Sec. 121.420 Charts and nautical publications.
(a) As appropriate for the intended voyage, a vessel must carry
adequate and up-to-date:
(1) Charts of large enough scale to make safe navigation possible;
(2) U.S. Coast Pilot or similar publication;
(3) Coast Guard Light List;
(4) Tide tables published by the National Ocean Service; and
(5) Current tables published by the National Ocean Service, or a
river current publication issued by the U.S. Army Corps of Engineers or
a river authority.
(b) Extracts from the publications listed in paragraph (a) of this
section for the areas to be transited may be provided instead of the
complete publication.
Subpart E--Radio
Sec. 121.502 Requirements of the Federal Communications Commission.
A vessel must comply with the applicable requirements for any radio
and EPIRB installations, including the requirements for a station
license and installation certificates to be issued by the Federal
Communications Commission, as set forth in 47 CFR part 80.
Sec. 121.506 Emergency broadcast placard.
A durable placard must be posted next to all radiotelephone
installations with the following instructions and information, specific
to the individual vessel, indicated on it:
Emergency Broadcast Procedures
(1) Make sure your radiotelephone is on.
(2) Select 156.8 mHz (channel 16 VHF) or 2182 kHz. (Channel 16
VHF and 2182 kHz on SSB are for emergency and calling purposes
only.)
(3) Press microphone button and, speaking slowly--clearly--
calmly, say: ``MAYDAY--MAYDAY--MAYDAY''
for situations involving Immediate Danger to Life and Property; and
``PAN--PAN--PAN''
for urgent situations where there is No Immediate Danger to Life or
Property.
(4) Say: ``THIS IS (VESSEL'S NAME), (VESSEL'S NAME), (VESSEL'S
NAME), (VESSEL'S CALL SIGN), OVER.''
(5) Release the microphone button briefly and listen for
acknowledgment. If no one answers, repeat steps 3 & 4.
(6) If there is no acknowledgment, or if the Coast Guard or
another vessel responds, say: ``MAYDAY'' or ``PAN'', (VESSEL'S
NAME).''
(7) Describe Your Position using latitude and longitude
coordinates, LORAN coordinates, or range and bearing from a known
point.
(8) State The Nature of The Distress.
(9) Give Number Of Persons Aboard And The Nature Of Any
Injuries.
(10) Estimate the Present Seaworthiness of Your Vessel.
(11) Briefly Describe Your Vessel: (Length, Color, Hull Type,
Trim, Masts, Power, any Additional Distinguishing Features).
(12) Say: ``I Will Be Listening on Channel 16/2182.''
(13) End message by saying: ``THIS IS (VESSEL'S NAME & CALL
SIGN).''
(14) If your situation permits, stand by the radio to await
further communication with the Coast Guard or another vessel. If no
answer, repeat, then try another channel.
Subpart F--Control and Internal Communication Systems
Sec. 121.602 Internal communication systems.
(a) A vessel equipped with pilothouse control must have a fixed
means of two-way communication from the operating station to the
location where the means of controlling the propulsion machinery,
required by Sec. 121.620(a), is located. Twin screw vessels with
pilothouse control for both engines are not required to have a fixed
communications system.
(b) A vessel equipped with auxiliary means of steering, required by
Sec. 119.620 of this subchapter, must have a fixed means of two-way
communication from the operating station to the location where the
auxiliary means of steering is controlled.
(c) When the propulsion machinery of a vessel cannot be controlled
from the operating station, an efficient communication system must be
provided between the operating station and the propulsion machinery
space.
(d) When the locations addressed in paragraphs (a), (b), and (c) of
this section are sufficiently close together, direct voice
communication satisfactory to the cognizant OCMI is acceptable instead
of the required fixed means of communications.
(e) The OCMI may accept hand held portable radios as satisfying the
communications system requirement of this section.
Sec. 121.610 Public address systems.
(a) Except as provided in paragraph (d) of this section, each
vessel must be equipped with a public address system.
(b) On a vessel of more than 65 feet in length, the public address
system must be a fixed installation and be audible during normal
operating conditions throughout the accommodation spaces and all other
spaces normally manned by crew members.
(c) A vessel with more than one passenger deck and a vessel with
overnight accommodations must have the public address system operable
from the operating station.
(d) On a vessel of not more than 65 feet in length, a battery
powered bullhorn may serve as the public address system if audible
throughout the accommodation spaces of the vessel during normal
operating conditions. The bullhorn's batteries are to be continually
maintained at a fully charged level by use of a battery charger or
other means acceptable to the cognizant OCMI.
Sec. 121.620 Propulsion engine control systems.
(a) A vessel must have two independent means of controlling each
propulsion engine. Control must be provided for the engine speed,
direction of shaft rotation, and engine shutdown.
(1) One of the means may be the ability to readily disconnect the
remote engine control linkage to permit local operation.
(2) A multiple engine vessel with independent remote propulsion
control for each engine need not have a second means of controlling
each engine.
(b) In addition to the requirements of paragraph (a), a vessel must
have a reliable means for shutting down a propulsion engine, which is
independent of the engine's speed control, located at the main
pilothouse control station.
(c) A propulsion engine control system, including pilothouse
control, must be designed so that a loss of power to the control system
does not result in an increase in shaft speed or propeller pitch.
Subpart G--Miscellaneous
Sec. 121.702 Oil pollution prevention equipment and procedures.
A vessel must comply with the applicable design, equipment,
personnel, procedures, and record requirements of 33 CFR parts 151,
155, and 156.
Sec. 121.704 Marine sanitation devices.
A vessel with installed toilet facilities must have a marine
sanitation device which complies with 33 CFR part 159.
Sec. 121.710 First aid kits.
A vessel must carry a first aid kit approved under part 160,
subpart 160.041 of this chapter or a kit with equivalent contents,
instructions, and markings. The contents must be stowed in a suitable
container, easily visible and readily available to the crew.
PART 122--OPERATIONS
Subpart A--General Provisions
Sec.
122.100 General requirement.
122.115 Applicability to existing vessels.
Subpart B--Marine Casualties and Voyage Records
122.202 Notice of casualty.
122.204 Substance of marine casualty notice.
122.206 Written report of marine casualty.
122.208 Damage to pressure vessels.
122.210 Alcohol or drug use by individuals directly involved in
casualties.
122.212 Mandatory chemical testing following serious marine
incidents.
122.220 Records of a voyage resulting in a marine casualty.
122.230 Report of accident to aid to navigation.
122.250 Assistance required.
122.260 Reports of potential vessel casualty.
122.280 Official logbook for foreign voyages.
122.282 Logbook for vessels of more than 65 feet in length with
overnight accommodations for more than 49 passengers.
Subpart C--Miscellaneous Operating Requirements
122.304 Navigation underway.
122.306 Passengers excluded from operating station.
122.310 Compliance with provisions of Certificate of Inspection.
122.315 Verification of vessel compliance with applicable stability
requirements.
122.320 Steering gear, controls, and communication system tests.
122.330 Hatches and other openings.
122.335 Loading doors.
122.340 Vessels carrying vehicles.
122.356 Carriage of hazardous materials.
122.360 Use of auto pilot.
122.370 Reckless or negligent operation.
Subpart D--Crew Requirements
122.402 Licenses.
122.410 Watchmen.
122.420 Crew training.
Subpart E--Preparations for Emergencies
122.502 Crew and passenger list, and voyage plan.
122.504 Passenger count.
122.506 Passenger safety orientation.
122.508 Wearing of lifejackets.
122.510 Emergency instructions.
122.512 Emergency instruction placard format.
122.514 Station bill.
122.515 Passenger safety bill.
122.516 Lifejacket placards.
122.518 Inflatable survival craft placards.
122.520 Abandon ship and man overboard drills and training.
122.524 Fire fighting drills and training.
122.530 Responsibilities of licensed individuals.
Subpart F--Markings Required
122.602 Hull markings.
122.604 Lifesaving equipment markings.
122.606 Escape hatches and emergency exits.
122.608 Fuel shutoff valves.
122.610 Watertight doors and watertight hatches.
122.612 Fire protection equipment.
Subpart G--Operational Readiness, Maintenance, and Inspection of
Lifesaving Equipment
122.700 Operational readiness.
122.702 Maintenance.
122.704 Maintenance of falls.
122.720 Weekly maintenance and inspections.
122.722 Monthly inspections.
122.724 Quarterly inspections.
122.726 Annual inspections.
122.728 Testing and servicing of Emergency Position Indicating
Radiobeacons (EPIRBs).
122.730 Servicing of inflatable liferafts, inflatable buoyant
apparatus, inflatable lifejackets, and inflated rescue boats.
122.740 Periodic servicing of hydrostatic release units.
Subpart H--Penalties
122.900 Penalty for violations.
122.910 Suspension and revocation.
Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Subpart A--General Provisions
Sec. 122.100 General requirement.
A vessel must be operated in accordance with applicable laws and
regulations and in such a manner as to afford adequate precaution
against hazards which might endanger the vessel and the persons being
transported.
Sec. 122.115 Applicability to existing vessels.
(a) An existing vessel need not comply with the hull marking
requirements in Sec. 122.602(b) until completion of a vessel's first
drydock required by Sec. 115.600 of this subchapter which occurs after
[effective date of the final rule].
(b) An existing vessel need not comply with the marking
requirements in Secs. 122.604 and 122.610, where the size and contents
of the markings required by Secs. 122.604 and 122.610 vary from the
size and contents of required markings on lifesaving equipment,
watertight doors, and watertight hatches on the vessel prior to
[effective date of the final rule], until the existing markings are no
longer legible as determined by the cognizant OCMI.
(c) An existing vessel need not comply with the requirements of
Secs. 122.514, 122.515, 122.516, and 122.604(j) until completion of the
first inspection for certification which occurs after [effective date
of the final rule].
Subpart B--Marine Casualties and Voyage Records
Sec. 122.202 Notice of casualty.
(a) The owner, agent, master, or person in charge of a vessel
involved in a marine casualty shall give notice as soon as possible to
the nearest Coast Guard Marine Safety or Marine Inspection Office
whenever the casualty involves any of the following:
(1) An accidental grounding, or an intentional grounding which
meets any of the other reporting criteria or creates a hazard to
navigation, the environment, or the safety of the vessel;
(2) Loss of main propulsion or primary steering, or any associated
component or control system, the loss of which causes a reduction of
the maneuvering capabilities of the vessel. Loss means that systems,
component parts, subsystems, or control systems do not perform the
specified or required function for any period of time.
(3) An occurrence materially and adversely affecting the vessel's
seaworthiness or fitness for service or route, including but not
limited to fire, flooding, failure of or damage to fixed fire
extinguishing systems, lifesaving equipment, auxiliary power generating
equipment, or bilge pumping systems.
(4) Loss of life.
(5) Injury which requires professional medical treatment beyond
first aid and, in the case of a person engaged or employed on board a
vessel in commercial service, which renders the individual unfit to
perform routine vessel duties.
(6) An occurrence not meeting any of the above criteria but
resulting in damage to property in excess of $25,000. Damage cost
includes the cost of labor and material to restore the property to the
service condition which existed prior to the casualty, but does not
include the cost of salvage, cleaning, gas freeing, drydocking, or
demurrage.
(b) A vessel is excluded from the requirements of paragraphs (a)(4)
and (a)(5) of this section with respect to the death or injury of
shipyard or harbor workers when such accidents are not the result of
either a vessel casualty (e.g., collision) or a vessel equipment
casualty (e.g., cargo boom failure) and are subject to the reporting
requirements of the Occupational Safety and Health Administration under
29 CFR part 1904.
Sec. 122.204 Substance of marine casualty notice.
The notice required in Sec. 122.202 must include the name and
official number (or the number issued in accordance with 33 CFR part
173) of the vessel involved, the name of the vessel's owner or agent,
the nature and circumstances of the casualty, the locality in which it
occurred, the nature and extent of injury to persons, and the damage to
property.
Sec. 122.206 Written report of marine casualty.
(a) In addition to the notice required by Sec. 122.202, the owner,
master, agent, or person in charge of the vessel shall, within five
days, report in writing to the OCMI at the port in which the casualty
occurred or nearest the port of first arrival. The written report
required for vessel or personnel accidents must be made on Form CG-
2692.
(b) If filed without delay, the Form CG-2692 may also provide the
notice required by Sec. 122.202.
Sec. 122.208 Damage to pressure vessels.
The owner, managing operator, or master shall report damage to a
boiler or unfired pressure vessel, which renders further use of the
item unsafe until repairs are made, to the OCMI at the port in which
the casualty occurred or nearest the port of first arrival, as soon as
practicable after the damage occurs.
Sec. 122.210 Alcohol or drug use by individuals directly involved in
casualties.
(a) For each marine casualty required to be reported by
Sec. 122.202, the owner, agent, master, or person in charge of the
vessel shall determine whether there is any evidence of alcohol or drug
use by individuals directly involved in the casualty.
(b) The owner, agent, master, or person in charge of the vessel
shall include in the written report, Form CG 2692, submitted for the
casualty information which:
(1) Identifies those individuals for whom evidence of drug or
alcohol use, or evidence of intoxication, has been obtained; and
(2) Specifies the method used to obtain such evidence, such as
personal observation of the individual, or by chemical testing of the
individual.
(c) An entry must be made in the Official Logbook, if carried,
pertaining to those individuals for whom evidence of intoxication is
obtained. The individual must be informed of this entry and the entry
must be witnessed by a second person.
(d) If an individual directly involved in a casualty refuses to
submit to, or cooperate in, the administration of a timely chemical
test, when directed by a Coast Guard commissioned, warrant, or petty
officer, or any other law enforcement officer authorized to obtain a
chemical test under Federal, state, or local law, or by the owner,
agent, master, or person in charge, this fact must be noted in the
Official Logbook, if carried, and in the written report (Form CG 2692),
and will be admissible as evidence in any administrative proceeding.
Sec. 122.212 Mandatory chemical testing following serious marine
incidents.
A marine employer whose vessel is involved in a casualty or
incident which is, or is likely to become, a serious marine incident as
defined in Sec. 4.03-2 of this chapter shall comply with the
requirements of part 4, subpart 4.06 of this chapter.
Sec. 122.220 Records of a voyage resulting in a marine casualty.
The owner, agent, master, or person in charge of any vessel
involved in a marine casualty for which a report is required under
Sec. 122.202 shall retain all voyage records as are maintained by the
vessel, including rough and smooth deck and engine room logs, bell
books, navigation charts, navigation work books, compass deviation
cards, gyrocompass records, stowage plans, records of draft, aids to
mariners, night order books, radiograms sent and received, radio logs,
crew and passenger lists and counts, articles of shipment, official
logs, and other material which might be of assistance in investigating
and determining the cause of the casualty. The owner, agent, master,
other officer, or person responsible for the custody thereof, shall
make these records available upon request, to a duly authorized
investigating officer, administrative law judge, officer or employee of
the Coast Guard.
Sec. 122.230 Report of accident to aid to navigation.
Whenever a vessel collides with a lightship, buoy, or other aid to
navigation under the jurisdiction of the Coast Guard, or is connected
with any such collision, the person in charge of such vessel shall
report the accident to the nearest OCMI. No report on Form CG 2692 is
required unless otherwise required under Sec. 122.202.
Sec. 122.250 Assistance required.
(a) The master of a vessel involved in a collision, accident, or
other casualty, shall render all practicable and necessary assistance
to persons affected by the collision, accident, or casualty to the
extent possible without serious danger to his or her own vessel or
persons aboard. The master shall also give his or her name, address,
and the identification of his or her vessel to any person injured and
to the owner of any property damaged.
(b) The master of a vessel shall render assistance to any
individual found at sea in danger of being lost, so far as the master
can do so without seriously endangering the master's vessel or
individuals on board.
Sec. 122.260 Reports of potential vessel casualty.
(a) An owner, charterer, managing operator, or agent of a vessel
shall immediately notify either of the following Coast Guard offices if
there is reason to believe the vessel is lost or imperiled:
(1) The Coast Guard district rescue coordination center (RCC)
cognizant over the area in which the vessel was last operating; or
(2) The Coast Guard search and rescue authority nearest to where
the vessel was last operating.
(b) Reasons for belief that a vessel is in distress include, but
are not limited to, lack of communication with or nonappearance of the
vessel.
(c) The owner, charterer, managing operator, or agent notifying the
Coast Guard under paragraph (a) of this section, shall:
(1) Provide the name and identification number of the vessel, a
description of the vessel, the names or number of individuals on board,
and other information that may be requested by the Coast Guard; and
(2) Submit written confirmation within 24 hours to the Coast Guard
facility to which notice was given of the possibility of the vessel
being in distress, unless the original notice was in writing.
Sec. 122.280 Official Logbook for foreign voyages.
(a) Every vessel on a voyage from a port in the United States to a
foreign port except to a port in Canada, or vice versa, must have an
Official Logbook.
(b) The master shall make or have made in the Official Logbook the
following entries:
(1) Each legal conviction of a seaman of the vessel and the
punishment inflicted;
(2) Each offense committed by a seaman of the vessel for which it
is intended to prosecute or to enforce under a forfeiture, together
with statements about reading the entry and the reply made to the
charge as required by 46 U.S.C. 11502;
(3) Each offense for which punishment is inflicted on board and the
punishment inflicted;
(4) A statement of the conduct, character, and qualifications of
each seaman of the vessel or a statement that the master declines to
give an opinion about that conduct, character, and qualifications;
(5) Each illness of or injury to a seaman of the vessel, the nature
of the illness or injury, and the medical treatment;
(6) Each death on board, with the cause of death, and if a seaman,
the following information required by 46 U.S.C. 10702;
(i) The wages due to a seaman who dies during the voyage and the
gross amount of all deductions to be made from the wages;
(ii) The sale of the property of a seaman who dies during the
voyage, including a statement of each article sold and the amount
received for the property;
(7) Each birth on board, with the sex of the infant and name of the
parents;
(8) Each marriage on board, with the names and ages of the parties;
(9) The name of each seaman who ceases to be a crew member (except
by death), with the place, time, manner, and the cause why the seaman
ceased to be a crew member; and
(10) When a marine casualty occurs, a statement about the casualty
and the circumstances under which it occurred, made immediately after
the casualty when practicable to do so.
Sec. 122.282 Logbook for vessels of more than 65 feet in length with
overnight accommodations for more than 49 passengers.
Except for a vessel required to have an Official Logbook by
Sec. 122.280, the owner, managing operator, or master of a vessel of
more than 65 feet in length with overnight accommodations for more than
49 passengers shall supply logs or records in any form, which will be
considered to take the place of the Official Logbook and may be used
for the purpose of making entries therein as required by law or
regulations in this subchapter. Such logs or records shall be kept
available for review by a marine inspector for a period of one year
after the date to which the records refer.
Subpart C--Miscellaneous Operating Requirements
Sec. 122.304 Navigation underway.
(a) The master of a vessel underway shall ensure that:
(1) The movement of the vessel is under the direction and control
of the master or a licensed mate at all times;
(2) The individual who directs and controls the movement of the
vessel is competent to perform that duty and, when necessary, knows:
(i) The magnetic variation of the area being transited, the
vessel's deviation (if known), and the gyrocompass error (if the vessel
is so equipped);
(ii) The current velocity and direction of the area being
transited;
(iii) The predicted set and drift for the area being transited; and
(iv) The tidal state for the area being transited;
(3) If a pilot other than a member of the vessel's crew is
employed, the pilot is informed of the draft, maneuvering
characteristics, and peculiarities of the vessel and of any abnormal
circumstances on the vessel that may affect its safe navigation; and
(4) The equipment required by this part is maintained in operable
condition.
(b) The individual directing the movement of the vessel shall:
(1) Ensure that an individual whom the master has determined is
competent to steer the vessel is at the helm of the vessel at all
times;
(2) Set the vessel's speed with consideration for:
(i) The prevailing visibility and weather conditions;
(ii) The proximity of the vessel to fixed shore and marine
structures;
(iii) The comparative proportions of the vessel and the channel;
(iv) The density of marine traffic;
(v) The damage that might be caused by the vessel's wake;
(vi) The strength and direction of the current; and
(vii) Any local vessel speed limit;
(3) Ensure that rudder orders are executed as given;
(4) Ensure that engine speed and direction orders are executed as
given;
(5) Correctly apply magnetic variation, and deviation and
gyrocompass errors when applicable; and
(6) Evaluate the danger of each closing visual or each closing
radar contact.
(c) The master of a vessel of more than 65 feet in length with
overnight accommodations for more than 49 passengers shall, in addition
to the requirements of paragraph (a) of this section, ensure that:
(1) The individual directing and controlling the movement of the
vessel periodically fixes or has another competent individual fix the
vessel's position as necessary for the voyage;
(2) The position of the vessel at each fix is plotted on an
adequate chart of the area and the individual directing the movement of
the vessel is informed of the vessel's position;
(3) Electronic and other navigational equipment, external fixed
aids to navigation, geographic reference points, and hydrographic
contours are used when fixing the vessel's position;
(4) Buoys alone are not used to fix the vessel's position; and
(5) The vessel's anchors are ready for letting go when navigating
in a congested area or a narrow channel.
Sec. 122.306 Passengers excluded from operating station.
(a) When practicable, the master shall exclude passengers, other
than those listed in paragraph (b) of this section, from an operating
station of the vessel when the vessel is underway in congested waters,
heavy weather, reduced visibility, where crossing or overtaking
crossing situations may be expected, docking and locking operations, or
other situations and emergencies where the passengers could distract
the navigating crew from their responsibilities, or when otherwise
directed by the cognizant OCMI.
(b) Persons involved in the safety of the vessel or passengers
training in vessel navigation and operations may be allowed in the
operating station as authorized by the master.
Sec. 122.310 Compliance with provisions of Certificate of Inspection.
The master of a vessel shall ensure that all of the provisions of
the Certificate of Inspection are strictly adhered to; however, the
master may divert from the route prescribed in the Certificate of
Inspection or take such other steps as deemed necessary and prudent to
assist vessels in distress or for other similar emergencies.
Sec. 122.315 Verification of vessel compliance with applicable
stability requirements.
(a) After loading and prior to departure and at all other times
necessary to assure the safety of the vessel, the master shall
determine that the vessel complies with all applicable stability
requirements in the vessel's trim and stability book, stability letter,
Certificate of Inspection, and Load Line Certificate, as the case may
be. The vessel may not depart until it is in compliance with these
requirements.
(b) When determining compliance with applicable stability
requirements the vessel's draft, trim, and stability must be determined
as necessary and any stability calculations made in support of the
determination must be retained on board the vessel for the duration of
the voyage.
(c) If a log book is required, then the master must enter an
attestation statement verifying that the vessel complies with the
applicable stability requirements at the times specified in paragraph
(a) of this section.
Sec. 122.320 Steering gear, controls, and communication system tests.
The master of a vessel shall have examined and tested the steering
gear, signaling whistle, propulsion controls, and communication systems
of the vessel within 12 hours of getting underway for a voyage, except
that such examination and testing need not be conducted more than once
in any 24 hour period.
Sec. 122.330 Hatches and other openings.
(a) Except when operating on lakes, bays, and sounds, or river
routes in calm weather, all hatches and openings in the hull of a
vessel must be kept tightly closed except when being used.
(b) All watertight doors in subdivision bulkheads must be kept
tightly closed during the navigation of the vessel except when being
used for transit between compartments.
Sec. 122.335 Loading doors.
(a) The master of a vessel fitted with loading doors shall assure
that all loading doors are closed watertight and secured during the
entire voyage except that--
(1) If a door cannot be opened or closed while the vessel is at a
dock, it may be open while the vessel approaches and draws away from
the dock, but only as far as necessary to enable the door to be
immediately operated.
(2) If needed to operate the vessel, or embark and disembark
passengers when the vessel is at anchor in protected waters, loading
doors may be open provided that the master determines that the safety
of the vessel is not impaired.
(b) For the purpose of this section, ``loading doors'' include all
weathertight ramps, bow visors, and openings used to load personnel,
equipment, and stores, in the collision bulkhead, the side shell, and
the boundaries of enclosed superstructures that are continuous with the
shell of the vessel.
(c) If a log book is required, then the master shall make the
following entries:
(1) The time and door location of every closing of the loading
doors; and
(2) Any opening of the doors in accordance with paragraph (a) (2)
of this section setting forth the time of the opening of the doors and
the circumstances warranting this action.
Sec. 122.340 Vessels carrying vehicles.
(a) Automobiles or other vehicles must be stowed in such a manner
as to permit both passengers and crew to get out and away from the
vehicles freely in the event of fire or other disaster. The decks,
where necessary, must be distinctly marked with painted lines to
indicate the vehicle runways and the aisle spaces.
(b) The master shall take any necessary precautions to see that
automobiles or other vehicles have their motors turned off and their
emergency brakes set when the vessel is underway, and that the motors
are not started until the vessel is secured to the landing. In
addition, a vehicle at each end of a line of vehicles or next to a
loading ramp must have its wheels securely blocked, while the vessel is
being navigated.
(c) The master shall have appropriate ``NO SMOKING'' signs posted
and shall take all necessary precautions to prevent smoking or carrying
of lighted or smoldering pipes, cigars, cigarettes, or similar items in
the deck area assigned to automobiles or other vehicles.
(d) The master shall, prior to getting underway, ensure that
vehicles are properly distributed consistent with the guidance in the
vessel's stability letter and Certificate of Inspection, if applicable.
Sec. 122.356 Carriage of hazardous materials.
A vessel must not be used to transport a hazardous material, listed
in 49 CFR 172.101, in commerce unless that material is handled and
transported in accordance with 49 CFR Parts 171 through 179.
Sec. 122.360 Use of auto pilot.
Whenever an automatic pilot is used the master shall ensure that:
(a) It is possible to immediately establish manual control of the
vessel's steering;
(b) A competent person is ready at all times to take over steering
control; and
(c) The changeover from automatic to manual steering and vice versa
is made by, or under the supervision of, the master or the mate on
watch.
Sec. 122.370 Reckless or negligent operation
(a) A person shall not operate a vessel subject to the provisions
of this subchapter in a negligent manner which endangers the life,
limb, or property of any person. Violations of this section involving
grossly negligent operation subject the violator, in addition to any
other penalties, to the criminal penalties prescribed in 46 U.S.C.
2302.
(b) The master of a vessel subject to the provisions of this
subchapter shall not get the vessel underway, nor shall the owner,
charterer, or managing operator of the vessel permit the master to get
the vessel underway, when any passengers are aboard and the vessel is
in an unseaworthy condition or weather or sea conditions make vessel
operation unsafe.
Subpart D--Crew Requirements
Sec. 122.402 Licenses.
Each licensed individual employed upon any vessel subject to the
provisions of this subchapter shall have his or her license on board
and available for examination at all times when the vessel is
operating.
Sec. 122.410 Watchmen.
The owner, charterer, master, or managing operator of a vessel
carrying passengers shall have a suitable number of watchmen patrol
throughout the vessel during the nighttime, whether or not the vessel
is underway, to guard against, and give alarm in case of, a fire or
other danger.
Sec. 122.420 Crew training.
The owner, charterer, master, or managing operator shall instruct
each crewmember, upon first being employed and prior to getting
underway for the first time on a particular vessel and at least once
every two months, as to the duties that the crew member is expected to
perform in an emergency including, but not limited to, the emergency
instructions listed on the emergency instruction placard required by
Sec. 122.510 and, when applicable, the duties listed in the station
bill required by Sec. 122.514.
Subpart E--Preparations for Emergencies
Sec. 122.502 Crew and passenger list, and voyage plan.
(a) The owner, charterer, managing operator, or master of the
following vessels must keep a correct list of the names of all persons
which embark on and disembark from the vessel:
(1) A vessel making an oceans or coastwise voyage;
(2) A vessel making a voyage of more than 300 miles on the Great
Lakes, except from a Canadian to a United States port; and
(3) A vessel arriving from a foreign port except at a United States
Great Lakes port from a Canadian Great Lakes port.
(b) The master of a vessel required to prepare a crew and passenger
list by paragraph (a) of this section shall also prepare a voyage plan.
The voyage plan and the list required by paragraph (a) of this section
must be prepared prior to departing on a voyage and deposited ashore in
a well marked location at the vessel's normal berthing location or with
a representative of the owner or managing operator of the vessel.
Sec. 122.504 Passenger count.
The master of a vessel, except a vessel listed in Sec. 122.502(a),
shall keep a correct, written count of all passengers which embark on
and disembark from the vessel. Prior to departing on a voyage, the
passenger count must be deposited ashore in a well marked location at
the vessel's normal berthing location or with a representative of the
owner or managing operator of the vessel.
Sec. 122.506 Passenger safety orientation.
(a) Except as allowed by paragraph (b) of this section, before
getting underway on a voyage, the master of a vessel shall ensure that
suitable public announcements are made informing all passengers of the
information in this section when applicable to the vessel's operations
and arrangement:
(1) A general explanation of emergency and evacuation procedures;
(2) The location of emergency exits and survival craft embarkation
areas;
(3) The stowage location(s) of lifejackets;
(4) The proper method of donning and adjusting lifejackets of the
type(s) carried on the vessel including a demonstration of the proper
donning of a lifejacket prior to beginning an oceans or coastwise
voyage;
(5) The location of the instruction placards for lifejackets and
other lifesaving devices;
(6) That all passengers will be required to don lifejackets when
possible hazardous conditions exist, as directed by the master;
(7) The type and location of survival craft and ring life buoys
carried on the vessel;
(8) The location and contents of the ``Emergency Instructions''
required by Sec. 122.510; and
(9) If the vessel is operating with reduced manning or equipment
requirements under Sec. 115.114 of this subchapter.
(b) On a vessel with other than an oceans or coastwise route, as an
alternative to making an announcement which complies with paragraph (a)
of this section, the master or other designated person may:
(1) Make an abbreviated announcement consisting of:
(i) A statement that passengers should follow the instructions of
the crew in an emergency;
(ii) The location of lifejackets; and
(iii) That further information concerning emergency procedures
including the donning of lifejackets, location of other emergency
equipment, and emergency evacuation procedures are located on the card
or pamphlet which was given to each passenger or is located near each
seat; and
(2) Prior to getting underway, deliver to each passenger or, on a
vessel which does not carry vehicles and which has seats for each
passenger, place near each seat, a card or pamphlet which has the
information listed in paragraphs (a)(1) through (a)(9) of this section.
(c) The master of a vessel shall ensure that a passenger, who
boards the vessel on a voyage after the initial public announcement has
been made as required by paragraphs (a) or (b) of this section, is also
informed of the required safety information.
(d) On a vessel on a voyage of more than 24 hours duration,
passengers shall be requested to don lifejackets and go to the
appropriate embarkation station during the safety orientation. If only
a small number of passengers embark at a port after the original muster
has been held, these passengers must be given the passenger safety
orientation required by paragraphs (a) or (b) of this section if
another muster is not held.
Sec. 122.508 Wearing of lifejackets.
(a) The master of a vessel shall require passengers to don
lifejackets when possible hazardous conditions exist, including, but
not limited to:
(1) When transiting hazardous bars and inlets;
(2) During severe weather;
(3) In event of flooding, fire, or other events which may possibly
call for evacuation; and
(4) When the vessel is being towed, except a non-self-propelled
vessel under normal operating conditions.
(b) When evaluating the need to require the donning of lifejackets,
the master shall consider the size of the vessel and the location of
the passengers on the vessel.
(c) Any passenger or crew member shall be permitted to voluntarily
don a lifejacket whenever he or she desires.
(d) The master or crew shall assist passengers in obtaining a
lifejacket and donning it, as necessary.
Sec. 122.510 Emergency instructions.
(a) Except as otherwise provided in this section, the master shall
prepare and post durable emergency instruction placards in conspicuous
places accessible and visible to the crew and passengers.
(b) Except when in the judgment of the cognizant OCMI the operation
of a vessel does not present one of the hazards listed, the emergency
instruction placard must contain at least the applicable portions of
the ``Emergency Instructions'' listed in Sec. 122.512. The emergency
instructions must be further designed to address the particular
equipment, arrangement, and operation of each individual vessel.
(c) If the cognizant OCMI determines that there is no suitable
mounting surface aboard the vessel, the emergency instructions need not
be posted but must be carried aboard the vessel and be available to the
crew and passengers for familiarization.
Sec. 122.512 Emergency instruction placard format.
An emergency instruction placard containing the following
information will satisfy the requirements of Sec. 122.510.
Emergency Instructions
(1) Rough weather at sea, crossing hazardous bars, or flooding.
(i) Close all watertight and weathertight doors, hatches, and
airports to prevent taking water aboard or further flooding in the
vessel.
(ii) Keep bilges dry to prevent loss of stability due to water
in bilges. Use power driven bilge pump, hand pump, and buckets to
dewater.
(iii) Align fire pumps to use as bilge pump if possible.
(iv) Check all intake and discharge lines, which penetrate the
hull, for leakage.
(v) Passengers must remain seated and evenly distributed.
(vi) Passengers must don lifejackets if the going becomes very
rough, you are about to cross a hazardous bar, or when otherwise
instructed by the master.
(vii) Never abandon the vessel unless actually forced to do so.
(viii) If assistance is needed follow the procedures on the
emergency broadcast placard posted by the radiotelephone.
(ix) Prepare survival craft (life floats, (inflatable) rafts,
(inflatable) buoyant apparatus, boats) for launching.
(2) Man overboard.
(i) Throw a ring buoy overboard as close to the person as
possible.
(ii) Post a lookout to keep the person overboard in sight.
(iii) Launch rescue boat and maneuver to pick up person in the
water, or maneuver the vessel to pick up the person in the water.
(iv) Have crew member put on lifejacket, attach a safety line to
him or her, and have him or her stand by to jump into the water to
assist the person overboard if necessary.
(v) If person is not immediately located, notify Coast Guard and
other vessels in vicinity by radiotelephone.
(vi) Continue search until released by Coast Guard.
(3) Fire.
(i) Cut off air supply to fire--close openings such as hatches,
ports, doors, ventilators, and louvers, and shut off ventilation
system.
(ii) Cut off electrical system supplying affected compartment if
possible.
(iii) If safe, immediately use portable fire extinguishers at
base of flames for flammable liquid or grease fires or water for
fires in ordinary combustible materials. Do not use water on
electrical fires.
(iv) If fire is in machinery spaces, shut off fuel supply and
ventilation and activate fixed extinguishing system if installed.
(v) Maneuver vessel to minimize effect of wind on fire.
(vi) If unable to control fire, immediately notify the Coast
Guard and other craft in the vicinity by radiotelephone.
(vii) Move passengers away from fire, have them put on
lifejackets, and if necessary, prepare to abandon the vessel.
Sec. 122.514 Station bill.
(a) A station bill must be posted by the master on a vessel of more
than 65 feet in length having:
(1) Overnight accommodations for more than 49 passengers; or
(2) A Certificate of Inspection requiring more than four crew
members at any one time, including the master.
(b) A vessel of more than 65 feet in length with overnight
accommodations for more than 49 passengers must comply with the
requirements of part 78, subpart 78.13 of this chapter in regards to
the content of a station bill, the duties of the crew, emergency
signals, an emergency squad, and instructions.
(c) Except when paragraph (b) of this section is applicable, the
station bill of a vessel of more than 65 feet in length required to
have more than four crew members, must set forth the special duties and
duty station of each crew member for various emergencies. The duties
must, as far as possible, be comparable with the regular work of the
individual. The duties must include at least the following and any
other duties necessary for the proper handling of a particular
emergency:
(1) The closing of hatches, airports, watertight doors, vents,
scuppers, and valves for intake and discharge lines which penetrate the
hull, the stopping of fans and ventilating systems, and the operating
of all safety equipment;
(2) The preparing and launching of survival craft and rescue boats;
(3) The extinguishing of fire; and
(4) The mustering of passengers including the following:
(i) Warning the passengers;
(ii) Seeing that passengers are fully clothed and wearing
lifejackets.
(iii) Assembling the passengers and directing them to their
appointed stations; and
(iv) Keeping order in the passageways and stairways and generally
controlling the movement of the passengers.
(d) The station bill must be posted at the operating station and a
conspicuous location in each crew accommodation space.
Sec. 122.515 Passenger safety bill.
(a) A passenger safety bill must be posted by the master in each
passenger cabin or stateroom on a vessel of more than 65 feet in length
with overnight accommodations for more than 49 passengers.
(b) Each passenger safety bill required by this section must list:
(1) The embarkation station and the number and location of the
survival craft to which each occupant of the space is assigned;
(2) The fire and emergency signal and the abandon ship signal;
(3) Essential action that must be taken in an emergency; and
(4) If immersion suits are provided for passengers, the location of
the suits and illustrated instructions on the method of donning the
suits.
Sec. 122.516 Lifejacket placards.
(a) Placards containing instructions for the donning and use of the
lifejackets aboard the vessel must be posted in conspicuous places
which are regularly accessible and visible to the crew and passengers.
(b) Lifejacket placards must be posted in each passenger cabin or
stateroom on a vessel of more than 65 feet in length with overnight
accommodations for more than 49 passengers.
(c) If the cognizant OCMI determines that there is no suitable
mounting surface aboard the vessel, the lifejacket placards need not be
posted but must be carried aboard the vessel and be available to the
crew and passengers for familiarization.
Sec. 122.518 Inflatable survival craft placards.
(a) Every vessel equipped with an inflatable survival craft must
have posted in conspicuous places which are regularly accessible and
visible to the crew and passengers, and by each inflatable survival
craft, approved placards or other cards containing instructions for
launching and inflating inflatable survival craft for the information
of persons on board. The number and location of such placards for a
particular vessel must be acceptable to the cognizant OCMI.
(b) Under the requirement in Sec. 160.051-6(c)(1) of this chapter,
the manufacturer of approved inflatable liferafts is required to
provide approved placards containing such instructions with each
liferaft. Similar placards must be used for other inflatable survival
craft.
Sec. 122.520 Abandon ship and man overboard drills and training.
(a) The master shall conduct sufficient drills and give sufficient
instructions to make sure that all crew members are familiar with their
duties during emergencies which necessitate abandoning ship or the
recovery of persons who have fallen overboard.
(b) A randomly scheduled abandon ship drill must be conducted as
follows:
(1) An abandon ship drill must be conducted on the vessel at least
once each week;
(2) Each member of the crew shall participate in at least one
abandon ship drill each month; and
(3) If more than 25% of the crew have not participated in an
abandon ship drill on board that particular vessel in the previous
month, a drill must be conducted before the vessel leaves port.
(c) Each abandon ship drill must include:
(1) Summoning the crew to report to assigned stations and prepare
for assigned duties;
(2) Summoning passengers on a vessel on an overnight voyage to
areas of refuge or embarkation stations and ensuring that they are made
aware of how the order to abandon ship will be given;
(3) Checking that passengers and crew are suitably dressed;
(4) Checking that lifejackets are correctly donned;
(5) Operation of any davits used for launching liferafts; and
(6) Instruction on the automatic and manual deployment of survival
craft.
(d) Each abandon ship drill must, as far as practicable, be
conducted as if there were an actual emergency.
(e) Each rescue boat required in accordance with Sec. 117.210 of
this subchapter must be launched with its assigned crew aboard and
maneuvered in the water as if during an actual man overboard situation:
(1) Once each month, if reasonable and practicable; but
(2) At least once within a 3 month period before the vessel gets
underway with passengers.
(f) Onboard training in the use of davit launched liferafts must
take place at intervals of not more than 4 months on a vessel with a
davit launched liferaft. Whenever practicable, this must include the
inflation and lowering of a liferaft. If a special liferaft intended
for training purposes only is used, and is not part of the vessel's
lifesaving equipment, the special liferaft must be conspicuously
marked.
Sec. 122.524 Fire fighting drills and training.
(a) The master shall conduct sufficient fire drills to make sure
that each crew member is familiar with his or her duties in case of a
fire.
(b) A randomly scheduled fire drill must be conducted once each
week.
(c) Each fire drill must include:
(1) Summoning passengers on a vessel on an overnight voyage to
areas of refuge or embarkation stations;
(2) Summoning the crew to report to assigned stations and to
prepare for and demonstrate assigned duties; and
(3) Instruction in the use of fire extinguishers and any other fire
fighting equipment on board.
(d) Each fire drill must, as far as practicable, be conducted as if
there were an actual emergency.
Sec. 122.530 Responsibilities of licensed individuals.
Nothing in the emergency instructions or a station bill required by
this subpart exempts any licensed individual from the exercise of good
judgment in an emergency situation.
Subpart F--Markings Required
Sec. 122.602 Hull markings.
(a) This section applies to each vessel that fits into any one of
the following categories:
(1) A vessel of more than 65 feet (19.8 meters) in length.
(2) A sailing vessel of more than 65 feet (19.8 meters) in length.
(3) A vessel authorized to carry more than 150 passengers.
(4) A vessel authorized to carry more than 12 passengers on an
international voyage.
(5) A vessel with more than 1 deck above the bulkhead deck
exclusive of a pilot house.
(b) Each vessel must be marked as required by part 67 of this
chapter.
(c) Each vessel must:
(1) Have permanent draft marks at each end of the vessel; or
(2) Have permanent loading marks placed on each side of the vessel
forward, amidships, and aft to indicate the maximum allowable draft and
trim.
(d) A loading mark required by paragraph (c)(2) of this section
must be a horizontal line of at least 8 inches in length and 1 inch in
height, with its upper edge passing through the point of maximum draft.
The loading mark must be painted in a contrasting color to the
sideshell paint.
(e) On a vessel which has a load line, the amidships marks required
by paragraph (c)(2) of this section will be those required by the
International Load Line Convention.
(f) In cases where draft marks are obscured due to operational
constraints or by protrusions, the vessel must be fitted with a
reliable draft indicating system from which the bow and stern drafts
can be determined.
(g) On a vessel on which the number of passengers permitted on the
upper decks is limited by stability criteria, as indicated by the
vessel's stability letter, the maximum number of passengers allowed on
an upper deck must be indicated by a durable marking of at least 1 inch
numbers and letters at the entranceway to each such deck.
Sec. 122.604 Lifesaving equipment markings.
(a) The name of a vessel must be marked or painted in clearly
legible letters and numbers at least 3 inches high:
(1) On each side of the bow of each rescue boat; and
(2) On each life float and buoyant apparatus.
(b) Each lifejacket, immersion suit, and ring life buoy must be
marked in clearly legible block capital letters with the vessel's name.
The marking is not required on a lifejacket carried to meet a temporary
need for additional lifejackets, if the lifejacket has the name of
another vessel marked on it. For an immersion suit, the name of the
person to whom the immersion suit is assigned is an acceptable
alternative to the name of the vessel.
(c) The name of the vessel must be marked or painted in clearly
legible letters on each Emergency Position Indicating Radio Beacon
(EPIRB), except on an EPIRB in an inflatable liferaft.
(d) The number of persons capacity must be marked or painted in
clearly legible letters on each side of the bow of each rescue boat in
letters and numbers at least 1.5 inches high.
(e) The number of persons capacity must be marked or painted in
clearly legible letters on each life float and buoyant apparatus in
letters and numbers at least 1.5 inches high. This number must:
(1) Be the number of persons the device is equipped for; and
(2) Not be greater than the number of persons the device is
approved for as shown on its nameplate.
(f) The number of persons each inflatable liferaft is permitted to
accommodate must be marked or painted in clearly legible letters and
numbers at least 1.5 inches high on the inflatable liferaft container.
(g) The number and identification of the items stowed inside, and
their sizes, must be marked in clearly legible letters and numbers on
each container for lifejackets and immersion suits. Identification of
the items may be in words, or the appropriate symbols in IMO Resolution
A.603(15). Letters and numbers must be at least 2 inches high. Symbols
must be at least 100 mm (4 inches) square.
(h) The name of the vessel must be marked or painted in clearly
legible letters on each oar and paddle.
(i) Each lifejacket must be marked with Type I retroreflective
material approved under part 164, subpart 164.018 of this chapter. The
arrangement of the retroreflective material applied after [effective
date of the final rule] must be as specified by IMO Resolution
A.658(16).
(j) Each rescue boat and ring life buoy must be marked with Type II
retroreflective material approved under part 164, subpart 164.018 of
this chapter. The arrangement of the retroreflective material applied
after [effective date of the final rule] must be as specified by IMO
Resolution A.658(16).
Sec. 122.606 Escape hatches and emergency exits.
All escape hatches and other emergency exits used as means of
escape must be marked on both sides in clearly legible letters at least
2 inches high: ``EMERGENCY EXIT, KEEP CLEAR'', unless such markings are
deemed unnecessary by the cognizant OCMI.
Sec. 122.608 Fuel shutoff valves.
Remote fuel shutoff stations must be marked in clearly legible
letters at least 1 inch high indicating purpose of the valve and
direction of operation.
Sec. 122.610 Watertight doors and watertight hatches.
Watertight doors and watertight hatches must be marked on both
sides in clearly legible letters at least 1 inch high: ``WATERTIGHT
DOOR--KEEP CLOSED'' or ``WATERTIGHT HATCH--KEEP CLOSED'', unless such
markings are deemed unnecessary by the cognizant OCMI.
Sec. 122.612 Fire protection equipment.
(a) Complete but simple instructions for the operation of a fixed
gas fire extinguishing system must be located in a conspicuous place at
or near each pull box and stop valve control and in the space where the
extinguishing agent cylinders are stored. If the storage cylinders are
separate from the protected space, the instructions must also include a
schematic diagram of the system and instructions detailing alternate
methods of releasing the extinguishing agent should the local manual
release or stop valve controls fail to operate. Each control valve to a
distribution line must be marked to indicate the space served.
(b) An alarm for a fixed gas fire extinguishing system must be
clearly and conspicuously marked in clearly legible letters ``WHEN
ALARM SOUNDS-VACATE AT ONCE. CARBON DIOXIDE (HALON) BEING RELEASED''.
(c) Each distribution line valve of a fixed gas fire extinguishing
system and the fire main, must be plainly, conspicuously, and
permanently marked indicating the space served.
(d) A manual fire alarm box must be conspicuously marked in clearly
legible letters ``IN CASE OF FIRE BREAK GLASS''.
(e) An alarm for an automatic fire detecting system or a manual
alarm system must be conspicuously marked in clearly legible letters
``FIRE ALARM''.
(f) An alarm for an automatic sprinkler system must be
conspicuously marked in clearly legible letters ``SPRINKLER ALARM''.
(g) An alarm bell for a smoke detecting system must be
conspicuously marked in clearly legible letters ``SMOKE DETECTION
ALARM''.
(h) A control cabinet or space containing valves, manifolds, or
controls for any fixed gas fire extinguishing system must be
conspicuously marked in clearly legible letters ``CARBON DIOXIDE
(HALON) FIRE EXTINGUISHING APPARATUS'', or as otherwise required by the
cognizant OCMI.
Subpart G--Operational Readiness, Maintenance, and Inspection of
Lifesaving Equipment
Sec. 122.700 Operational readiness.
(a) Each launching appliance and each survival craft and rescue
boat on a vessel must be in good working order and ready for immediate
use before the vessel leaves port and at all times when the vessel is
underway.
(b) Each deck where survival craft or rescue boats are stowed or
boarded must be kept clear of obstructions that would interfere with
the boarding and launching of the survival craft or rescue boat.
Sec. 122.702 Maintenance.
(a) The manufacturer's instructions for onboard maintenance of
survival craft, rescue boats, and launching appliances, manufactured on
or after [effective date of the final rule], must be onboard a vessel
of more than 65 feet in length and readily available for a vessel of
not more than 65 feet in length. The instructions must also be readily
available at each inspection for certification and reinspection. The
instructions must include the following:
(1) Checklists for use when carrying out the inspections required
under this subpart;
(2) Maintenance and repair instructions;
(3) A schedule of periodic maintenance;
(4) A diagram of lubrication points with the recommended
lubricants;
(5) A list of replaceable parts;
(6) A list of sources of spare parts; and
(7) A log for records of inspections and maintenance.
(b) The owner or managing operator shall make sure that maintenance
is carried out in accordance with the instructions required under
paragraph (a) of this section.
(c) The cognizant OCMI may accept, instead of the instructions
required under paragraph (a) of this section, a shipboard planned
maintenance program that includes the items listed in that paragraph.
Sec. 122.704 Maintenance of falls.
(a) Each fall used in a launching appliance on a vessel must be
turned end for end at intervals of not more than 30 months.
(b) Each fall must be renewed when necessary due to deterioration
or at intervals of not more than 5 years, whichever is earlier.
(c) Each fall must have a corrosion resistant tag with the
following permanently marked on it in clearly legible letters:
(1) The date the new fall was installed; and
(2) If the fall has been turned end for end, the date it was
turned.
Sec. 122.720 Weekly maintenance and inspections.
The following tests and inspections must be carried out weekly on a
vessel:
(a) Each survival craft, rescue boat, and launching appliance must
be visually inspected to ensure its readiness for use;
(b) Each rescue boat engine must be run ahead and astern for not
less than 3 minutes, unless the ambient temperature is below the
minimum temperature required for starting the engine; and
(c) Each battery for rescue boat engine starting must be brought up
to full charge at least once each week if:
(1) The battery is of a type that requires recharging; and
(2) The battery is not connected to a device that keeps it
continuously charged.
Sec. 122.722 Monthly inspections.
Each survival craft, rescue boat, and launching appliance on a
vessel must be inspected monthly, using the applicable checklist when
required under Sec. 122.702, to make sure it is complete and in good
order.
Sec. 122.724 Quarterly inspections.
(a) Each winch control apparatus of a launching appliance on a
vessel, including motor controllers, emergency switches, master
switches, and limit switches, must be examined once in each 3 months.
(b) The examination required by paragraph (a) of this section must
include the removal of drain plugs and the opening of drain valves to
make sure that enclosures are free of water.
Sec. 122.726 Annual inspections.
(a) Each rescue boat must be stripped, cleaned, and thoroughly
inspected and repaired at least once each year, including emptying and
cleaning of each fuel tank, and refilling it with fresh fuel.
(b) Each davit, winch, fall and other launching appliance must be
thoroughly inspected and repaired once each year.
(c) Each item of lifesaving equipment with an expiration date must
be replaced during the annual inspection and repair if the expiration
date has passed.
(d) Each battery used in an item of lifesaving equipment, except
inflatable survival craft equipment, must be replaced during the annual
inspection if the expiration date of the battery has passed. The
expiration date of the battery may be marked on the battery in clearly
legible letters or the owner or managing operator may have a record of
the expiration date from the manufacturer of a battery marked with a
serial number.
(e) Except for a storage battery used in a rescue boat, each
battery without an expiration date indicated on it or for which the
owner or managing operator does not have a record of the expiration
date, used in an item of lifesaving equipment, must be replaced during
the annual inspection.
(f) The requirements in this section do not relieve the master of
the requirement under Sec. 122.700 to keep the equipment ready for
immediate use.
Sec. 122.728 Testing and servicing of Emergency Position Indicating
Radiobeacons (EPIRBs).
The master of the vessel shall ensure that:
(a) Each EPIRB, other than an EPIRB in an inflatable liferaft, must
be tested monthly, using the integrated test circuit and output
indicator, to determine that it is operative; and,
(b) The EPIRB's battery is replaced after it is used, or before the
date required by FCC regulations in 47 CFR Part 80, whichever comes
sooner.
Sec. 122.730 Servicing of inflatable liferafts, inflatable buoyant
apparatus, inflatable lifejackets and inflated rescue boats.
(a) Each inflatable liferaft, inflatable buoyant apparatus,
inflatable lifejacket, and hybrid inflatable lifejacket or work vest
must be serviced:
(1) Within 12 months of its initial packing; and
(2) Within 12 months of each subsequent servicing, except when
servicing is delayed until the next scheduled inspection of the vessel,
provided that the delay does not exceed 5 months.
(b) Each inflatable liferaft and inflatable buoyant apparatus must
be serviced:
(1) Whenever the container of the raft is damaged, or the straps or
seal are broken; and
(2) In accordance with the servicing procedure under part 160,
subpart 160.051 of this chapter.
(c) Each inflatable lifejacket must be serviced in accordance with
the servicing procedure under part 160, subpart 160.176 of this
chapter.
(d) Each hybrid inflatable lifejacket or work vest must be serviced
in accordance with the servicing procedure under part 160, subpart
160.077 of this chapter.
(e) Repair and maintenance of inflated rescue boats must be in
accordance with the manufacturer's instructions. All repairs must be
made at a servicing facility approved by the Commandant, except for
emergency repairs carried out on board the vessel.
Sec. 122.740 Periodic servicing of hydrostatic release units.
(a) Each hydrostatic release unit, other than a disposable unit,
must be serviced:
(1) Within 12 months of its manufacture and within 12 months of
each subsequent servicing, except when servicing is delayed until the
next scheduled inspection of the vessel, provided that the delay does
not exceed 5 months; and
(2) In accordance with the repair and testing procedures under part
160, subpart 160.062 of this chapter.
(b) Each disposable hydrostatic release unit must be marked in
clearly legible letters with an expiration date of two years after the
date on which the unit is installed.
Subpart H--Penalties
Sec. 122.900 Penalty for violations.
Violation of the provisions of this subchapter will subject the
violator to the applicable penalty provisions of subtitle II of title
46, United States Code.
Sec. 122.910 Suspension and revocation.
An individual holding a license, certificate of registry, or
merchant mariner's document who commits an act of misconduct,
negligence, or incompetence, or who violates or fails to comply with
this subchapter or any other law or regulation intending to promote
marine safety, is subject to proceedings under the provisions of 46
U.S.C. 7703 and part 5 of this chapter with respect to suspension or
revocation of a license, certificate, or document.
PARTS 123-139--[RESERVED]
SUBCHAPTER S--SUBDIVISION AND STABILITY
PART 170--STABILITY REQUIREMENTS FOR ALL INSPECTED VESSELS
2. The authority citation for part 170 is revised to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.277; 49 CFR 1.46.
Sec. 170.001 [Amended]
3. Section 170.001 is amended by removing the date of January 3,
1984 in paragraphs (a) and (b) and inserting in its place the date of
[effective date of the final rule].
4. Section 170.055 is amended by adding two sentences to the end of
paragraph (i)(1) and adding paragraph (w) to read as follows:
Sec. 170.055 Definitions concerning a vessel.
* * * * *
(i) * * *
(1) * * * For a small passenger vessel which has underwater
projections extending forward of the forwardmost point or aft of the
aftermost point on the deepest waterline of the vessel, the Commanding
Officer, U.S. Coast Guard Marine Safety Center, may include the length
or a portion of the length of the underwater projections in the value
used for the LBP for the purposes of this subchapter. The length or a
portion of the length of projections which contribute more than 2
percent of the underwater volume of the vessel is normally added to the
actual LBP.
* * * * *
(w) ``Small passenger vessel'' means a vessel of less than 100
gross tons carrying more than six passengers, as defined in
Sec. 175.400 of this chapter.
Sec. 170.075 [Amended]
5. Paragraph (b) of Sec. 170.075 is amended by removing the
citation ``Sec. 171.030(b)(2)'' and adding, in its place,
``Sec. 178.320'' and by removing the citation ``Sec. 171.043'' and
adding, in its place, ``Sec. 179.220''.
Sec. 170.105 [Amended]
6. Section 170.105 is amended by removing paragraph (b)(1) and by
redesignating paragraphs (b)(2) through (b)(5) as paragraphs (b)(1)
through (b)(4), respectively.
Sec. 170.160 [Amended]
7. Section 170.160 is amended by removing paragraph (b)(1) and by
redesignating paragraphs (b)(2) through (b)(4) as paragraphs (b)(1)
through (b)(3), respectively.
PART 171--SPECIAL RULES PERTAINING TO VESSELS CARRYING PASSENGERS
8. The authority citation for part 171 is revised to read as
follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 3 CFR, 1980 Comp.,
p. 277; 49 CFR 1.46.
9 and 10. Section 171.010 is amended by revising paragraphs (d)(1)
and (3); redesignating paragraphs (l), (m) and (n) as (n), (p) and (q),
respectively; redesignating paragraphs (e) through (k) as (f) through
(l), respectively; and by adding newly designated paragraphs (e) and
(m), and new paragraph (o) to read as follows:
Sec. 171.010 Definitions.
* * * * *
(d) * * *
(1) Operates in other than ocean or coastwise service; * * *
(3) Operates on a short run on a frequent schedule between two
points over the most direct water route;
* * * * *
(e) Freeing port means any direct opening through the vessel's
bulwark or hull to quickly drain overboard water which has been shipped
on exposed decks.
* * * * *
(m) Small passenger vessel means a vessel of less than 100 gross
tons carrying more than six passengers, as defined in Sec. 175.400 of
this chapter.
* * * * *
(o) Scupper means a pipe or tube of at least 1.25 inches in
diameter leading down from a deck or sole and through the hull to drain
water overboard.
11. Subpart B consisting of Secs. 171.020 through 171.043, is
removed and reserved.
12. Paragraphs (a) and (b) of Sec. 171.057 are amended by revising
the equations, revising the definitions of As, removing the definitions
of Hm and replacing them with the definitions of Hc, and revising the
definitions of W, to read as follows:
Sec. 171.057 Intact stability requirements for a sailing catamaran.
(a) * * *
TP13JA94.002
* * * * *
As = the maximum sail area in square feet (square meters)
Hc = the height of the center of effort of the sail area above the
deck, in feet (meters)
W = the total displacement of the vessel, in pounds (kilograms)
* * * * *
(b) * * *
TP13JA94.003
* * * * *
As = the maximum sail area in square feet (square meters)
Hc = the height of the center of effort of the sail area above the
deck, in feet (meters)
W = the total displacement of the vessel, in pounds (kilograms)
* * * * *
Sec. 171.110 [Amended]
13. Section 171.110 is amended by removing paragraph (b) and by
removing the designation (a) for the remaining text.
Sec. 171.114 [Removed]
14. Section 171.114 is removed.
Sec. 171.115 [Amended]
15. Section 171.115 is amended by removing paragraph (b) and by
removing the designation (a) for the remaining text.
Sec. 171.119 [Removed]
16. Section 171.119 is removed.
17. Section 171.120 is revised to read as follows:
Sec. 171.120 Specific applicability.
A vessel of at least 100 gross tons must comply with Sec. 171.122.
Sec. 171.124 [Removed]
18. Section 171.124 is removed.
Sec. 171.130 [Amended]
19. Section 171.130 is amended by removing paragraph (b) and by
removing the designation (a) for the remaining text.
Secs. 171.140, 171.145, 171.150, and 171.155 [Removed]
20. Sections 171.140, 171,145, 171,150 and 171.155 are removed.
PART 173--SPECIAL RULES PERTAINING TO VESSEL USE
21. The authority citation for part 173 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2113, 3306, 5115; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
22. The cited sections or paragraphs of part 173 listed in Column 1
of the following table, are amended by removing the existing reference,
listed in Column 2, in the cited section or paragraph and adding in its
place the new reference listed in Column 3.
------------------------------------------------------------------------
Column 1 Column 2 Column 3
------------------------------------------------------------------------
Cite Existing reference New reference
------------------------------------------------------------------------
173.054(a)(1).......... 171.040(a)(1).......... 179.210(a) of this
chapter.
173.054(b)(1).......... 171.040(a)(1).......... 179.210(a) of this
chapter.
173.054(b)(1).......... 171.043................ 179.220 of this
chapter.
173.063(a)............. 171.035................ 170.170, 171.050, and
171.055.
173.064(d)............. 171.035 (d) through (h) 178.300 and 178.310 of
this chapter.
------------------------------------------------------------------------
23. The cited sections or paragraphs of part 173 listed in Column 1
of the following table, are amended by adding the corresponding phrase,
listed in Column 2, to the end of the cited section or paragraph.
------------------------------------------------------------------------
Column 1 Column 2
------------------------------------------------------------------------
Cite New phrase
------------------------------------------------------------------------
173.059.......................... ``Or Secs. 179.320, 179.330, and
179.340 of this chapter.''
173.060(a)....................... ``Or Sec. 179.350 of this chapter.''
173.061.......................... ``Or Sec. 179.360 of this chapter.''
173.062.......................... ``Or Subpart D of Part 178 of this
chapter.''
------------------------------------------------------------------------
24. Subchapter T is revised to read as follows:
SUBCHAPTER T--SMALL PASSENGER VESSELS
PART 175--GENERAL PROVISIONS
Sec.
175.100 Purpose.
175.110 General applicability.
175.112 Specific applicability for individual parts.
175.120 Vessels on an international voyage.
175.122 Load lines.
175.200 Gross tonnage as a criterion for requirements.
175.400 Definitions of terms used in this subchapter.
175.540 Equivalents.
175.550 Special consideration.
175.560 Appeals.
175.600 Incorporation by reference.
175.800 Approved equipment and material.
175.900 OMB control numbers.
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. App.1804; 49
CFR 1.45, 1.46; Sec. 175.900 also issued under authority of 44
U.S.C. 3507.
Sec. 175.100 Purpose.
The purpose of this subchapter is to implement applicable sections
of Subtitle II of Title 46, United States Code, which require the
inspection and certification of small passenger vessels.
Sec. 175.110 General applicability.
(a) Except as provided in paragraphs (b) and (c) of this section,
this subchapter applies to each vessel of less than 100 gross tons
which carries more than six passengers.
(b) A vessel of less than 100 gross tons must comply with
subchapter K of this chapter if it is:
(1) A vessel which carries more than 150 passengers;
(2) A vessel with overnight accommodations for more than 49
passengers; or
(3) A vessel of more than 200 feet in length which carries more
than six passengers.
(c) This subchapter does not apply to:
(1) A vessel operating exclusively on inland waters which are not
navigable waters of the United States;
(2) An oceanographic research vessel;
(3) A boat forming part of a vessel's lifesaving equipment and
which is not used for carrying passengers except in emergencies or
during emergency drills;
(4) A vessel of a foreign country which is a party to the
International Convention for the Safety of Life at Sea, 1974, as
amended (SOLAS), to which the United States Government is currently a
party, and which has on board a current valid SOLAS Passenger Ship
Safety Certificate; or
(5) A vessel of a foreign country, whose government has inspection
laws approximating those of the United States and which by its laws
accords similar privileges to vessels of the United States, which has
on board a current valid certificate of inspection, permitting the
carrying of passengers, issued by its government.
(d) The relationship between this subchapter and other subchapters
pertaining to the inspection and certification of small passenger
vessels is provided in the table below, which shows the breakpoints
between subchapters T and K of this chapter.
Table 175.110(d)
------------------------------------------------------------------------
Subchapter T Subchapter K Subchapter K\1\
------------------------------------------------------------------------
150 151-600 passengers or 601
passengers or overnight passengers or
overnight accomodations for 50- overnight
accomodations for 49 passengers thn-eq> 200 feet. thn-eq> 151
and 200 passengers or 200 feet.
------------------------------------------------------------------------
\1\Vessels in this category are small passenger vessels (passenger
vessels less than 100 GT) but are required to comply with parts 72,
75, and 76 of subchapter H, parts 114, 115, 121, and 122 of subchapter
K, and the applicable requirements of subchapters F and J.
Sec. 175.112 Specific applicability for individual parts.
At the beginning of certain parts of this subchapter, a more
specific application is given for all or particular portions of that
part. This application sets forth the type, size, service, or age of a
vessel to which certain portions of that part apply or particular dates
by which an existing vessel must comply with certain portions of that
part.
Sec. 175.120 Vessels on an international voyage.
A mechanically propelled vessel which carries more than 12
passengers on an international voyage must comply with the applicable
requirements of SOLAS, as well as this Subchapter.
Sec. 175.122 Load lines.
A vessel of 79 feet in length or more, the keel of which was laid
or which was at a similar stage of construction on or after July 21,
1968, and which is on a voyage other than a domestic voyage is subject
to load line assignment, certification, and marking under subchapter E
(Load Lines) of this chapter.
Sec. 175.200 Gross tonnage as criterion for requirements.
(a) The regulations in this subchapter take into account a vessel's
length, passenger capacity, construction, equipment, intended service,
and operating area. The criterion for application of this subchapter is
the gross tonnage of the vessel. When the Commandant determines that
the gross tonnage of a particular vessel, which is attained by
exemptions, reductions, or other devices in the basic gross tonnage
formulation, will circumvent or be incompatible with the application of
specific regulations for a vessel of such physical size, the Commandant
will prescribe the regulations to be made applicable to the vessel.
(b) When the Commandant determines that the gross tonnage is not a
valid criterion for the use of certain regulations based on the
relative size of the vessel, the owner will be informed of the
determination and of the regulations applicable to the vessel. The
vessel must be brought into compliance with all additional requirements
before a Certificate of Inspection is issued.
Sec. 175.400 Definitions of terms used in this subchapter.
The following terms are used in this subchapter:
Accommodation space means a space used as a:
(1) Public space;
(2) Hall;
(3) Dining room and messroom;
(4) Lounge or cafe;
(5) Public sales room;
(6) Overnight accommodation space;
(7) Barber shop or beauty parlor;
(8) Office or conference room;
(9) Washroom or toilet space;
(10) Medical treatment room or dispensary; or
(11) Game or hobby room.
Beam or B means the maximum width of a vessel from:
(1) Outside of planking to outside of planking on wooden vessels;
and
(2) Outside of frame to outside of frame on all other vessels.
Bulbous bow means a design of bow in which the forward underwater
frames ahead of the forward perpendicular are swelled out at the
forefoot into a bulbous formation.
Bulkhead deck means the uppermost deck to which watertight
bulkheads and the watertight shell extend.
Cable means single or multiple insulated conductors with an outer
protective jacket.
Cargo space means a:
(1) Cargo hold;
(2) Refrigerated cargo space; or
(3) A trunk leading to or from a space listed above.
Coast Guard District Commander or District Commander means an
officer of the Coast Guard designated as such by the Commandant to
command Coast Guard activities within a district.
Coastwise means a route which is not more than 20 nautical miles
offshore on any of the following waters:
(1) Any ocean;
(2) The Gulf of Mexico;
(3) The Caribbean Sea;
(4) The Bering Sea;
(5) The Gulf of Alaska; or
(6) Such other similar waters as may be designated by a Coast Guard
District Commander.
Cockpit vessel means a vessel with an exposed recess in the weather
deck extending not more than one-half of the length of the vessel
measured over the weather deck.
Commandant means the Commandant of the Coast Guard or an authorized
Headquarters staff officer designated in Sec. 1.01 of this chapter.
Corrosion-resistant material or corrosion-resistant means made of
one of the following materials in a grade suitable for its intended use
in a marine environment:
(1) Silver;
(2) Copper;
(3) Brass;
(4) Bronze;
(5) Aluminum alloys with a copper content of no more than 0.4
percent;
(6) Copper-nickel;
(7) Plastics;
(8) Stainless steel;
(9) Nickel-copper; or
(10) A material, which when tested in accordance with ASTM B-117
for 200 hours, does not show pitting, cracking, or other deterioration.
Crew accommodation space means an accommodation space designated
for the use of crew members and which passengers are normally not
allowed to occupy.
Custom engineered means, when referring to a fixed gas fire
extinguishing system, a system that is designed for a specific space
requiring individual calculations for the extinguishing agent volume,
flow rate, piping, and similar factors for the space.
Distribution panel means an electrical panel which receives energy
from the switchboard and distributes the energy to energy consuming
devices or other panels.
Draft means the vertical distance from the molded baseline of a
vessel amidships to the waterline.
Dripproof means enclosed equipment so constructed or protected that
falling drops of liquid or solid particles striking the enclosure at
any angle from 0 to 15 degrees downward from the vertical do not
interfere with the operation of the equipment. A National Electrical
Manufacturers Association type 1 enclosure with a dripshield is
considered to be dripproof.
Dynamically supported craft means a craft which is operable on or
above the water and which has characteristics so different from those
of conventional displacement ships, to which the existing international
conventions, particularly SOLAS, apply, that alternative measures
should be used to achieve an equivalent level of safety. Within the
aforementioned generality, a craft which complies with either of the
following characteristics would be considered a dynamically supported
craft:
(1) The weight, or a significant part thereof, is balanced in one
mode of operation by other than hydrostatic forces.
(2) The craft is able to operate at speeds such that the function
v/!!gL is equal to or greater than 0.9, where ``v'' is the maximum
speed, ``L'' is the waterline length and ``g'' is the acceleration due
to gravity, all in consistent units.
Embarkation station means the place on the vessel from which a
survival craft is boarded.
Enclosed space means a compartment that is not exposed to the
atmosphere when all access and ventilation closures are secured.
Existing vessel means a vessel which is not a new vessel.
Exposed waters is a term used in connection with stability criteria
and means:
(1) Waters, except the Great Lakes, more than 20 nautical miles
from a harbor of safe refuge;
(2) Those portions of the Great Lakes more than 20 nautical miles
from a harbor of safe refuge from October 1 of one year through April
15 of the next year (winter season); and
(3) Those waters less than 20 nautical miles from a harbor of safe
refuge which the cognizant Officer in Charge, Marine Inspection,
determines are not partially protected waters or protected waters
because they present special hazards due to weather or other
circumstances.
Ferry means a vessel that:
(1) Operates in other than ocean or coastwise service;
(2) Has provisions only for deck passengers or vehicles, or both;
(3) Operates on a short run on a frequent schedule between two
points over the most direct water route; and
(4) Offers a public service of a type normally attributed to a
bridge or tunnel.
Fiber reinforced plastic means plastics reinforced with fibers or
strands of some other material.
Flash point means the temperature at which a liquid gives off a
flammable vapor when heated using the Pensky-Martens Closed Cup Tester
method in accordance with ASTM D-93.
Float-free launching or arrangement means that method of launching
a survival craft whereby the survival craft is automatically released
from a sinking vessel and is ready for use.
Flush deck vessel means a vessel with a continuous weather deck
located at the uppermost sheer line of the hull.
Freeing port means any direct opening through the vessel's bulwark
or hull to quickly drain overboard water which has been shipped on
exposed decks.
Galley means a space containing appliances with cooking surfaces
which may exceed 250 deg.F, such as ovens, griddles, and deep fat
fryers.
Great Lakes means a route on the waters of any of the Great Lakes,
except that for the purposes of parts 178 and 179 of this subchapter,
``Great Lakes'' means both the waters of the Great Lakes and of the St.
Lawrence River as far east as a straight line drawn from Cap de Rosiers
to West Point, Anticosti Island, and west of a line along the 63rd
meridian from Anticosti Island to the north shore of the St. Lawrence
River.
Gross tonnage and gross tons is an indicator of a vessel's
approximate volume as determined in accordance with part 69
(Measurement of Vessels) of this chapter and recorded on the vessel's
Certificate of Admeasurement.
Harbor of safe refuge means a port, inlet, or other body of water
normally sheltered from heavy seas by land and in which a vessel can
navigate and safely moor. The suitability of a location as a harbor of
safe refuge shall be determined by the cognizant Officer in Charge,
Marine Inspection, and varies for each vessel, dependent on the
vessel's size, maneuverability, and mooring gear.
High seas means all waters which are neither territorial seas (the
waters in a belt 3 nautical miles wide, that is adjacent to the coast
and seaward of the territorial sea baseline) nor internal waters of the
United States or of any foreign country.
Independent laboratory means a laboratory accepted under part 159,
subpart 159.010 of this chapter.
Inflatable survival craft or lifejacket means one which depends
upon nonrigid, gas-filled chambers for buoyancy, and which is normally
kept uninflated until ready for use.
International voyage means a voyage between a country to which
SOLAS applies and a port outside that country. A country, as used in
this definition, includes every territory for the international
relations of which a contracting government to the convention is
responsible or for which the United Nations is the administering
authority. For the U.S., the term ``territory'' includes the
Commonwealth of Puerto Rico, all possessions of the United States, and
all lands held by the United States under a protectorate or mandate.
For the purposes of this subchapter, vessels are not considered as
being on an ``international voyage'' when solely navigating the Great
Lakes and the St. Lawrence River as far east as a straight line drawn
from Cap des Rosiers to West Point, Anticosti Island and, on the north
side of Anticosti Island, the 63rd meridian.
Lakes, bays, and sounds means a route on any of the following
waters:
(1) A lake other than the Great Lakes;
(2) A bay;
(3) A sound; or
(4) Such other similar waters as may be designated by a Coast Guard
District Commander.
Launching appliance means a device for transferring a survival
craft or rescue boat from its stowed position safely to the water. For
a launching appliance using a davit, the term includes the davit, winch
and falls.
Length when used in terms of the vessel's length, means:
(1)(i) The length listed on the vessel's Certificate of
Documentation issued under the provisions of part 67 (Documentation of
Vessels) of this chapter or Certificate of Number issued under the
provisions of 33 CFR part 173, subpart B (Numbering); or
(ii) For a vessel which does not have a Certificate of
Documentation or a Certificate of Number, the ``registered length'' as
defined in Sec. 69.53 of this chapter or, for a vessel which is less
than 79 feet in overall length and is measured using simplified
admeasurement, the registered length as defined in Sec. 69.203 of this
chapter; or
(2) For the purposes of part 179 of this subchapter, the ``length''
of a vessel with a bulbous bow means the larger of the length as
defined in paragraph (1)(i) of this definition or the straight line
horizontal measurement from the forwardmost tip of the bulbous bow to
the aftermost part of the vessel measured parallel to the centerline.
Bow sprits, bumpkins, rudders, outboard motor brackets, handles,
and other similar fittings, attachments, and extensions are not
included in the ``length'' of a vessel.
Length between perpendiculars or (LBP) means the horizontal
distance measured between perpendiculars taken at the forwardmost and
aftermost points on the waterline corresponding to the deepest
operating draft.
Machinery space means a space including a trunk, alleyway,
stairway, or duct to such a space, that contains:
(1) Propulsion machinery of any type;
(2) Steam or internal combustion machinery;
(3) Oil transfer equipment;
(4) Electrical motors of more than 10 hp;
(5) Refrigeration equipment;
(6) One or more oil-fired boilers or heaters; or
(7) Electrical generating machinery.
Main transverse watertight bulkhead means a transverse bulkhead
that must be maintained watertight in order for the vessel to meet the
damage stability and subdivision requirements of this subchapter.
Major conversion means a conversion of a vessel that, as determined
by the Commandant:
(1) Alters the dimensions of the vessel including but not limited
to gross tonnage, length, breath, or height;
(2) Alters the design or arrangement so that the vessel is capable
of carrying more passengers than it was originally built to carry;
(3) Alters the design or scantlings of a vessel so that it is
suitable for operation on a route of greater severity than the route
for which it was originally built; or
(4) Adds or modifies overnight accommodation spaces for passengers
so that the total number of passengers that can be accommodated in such
spaces changes from not more than 49 to more than 49.
Marine inspector or inspector means any civilian employee or
military member of the Coast Guard assigned by an Officer in Charge,
Marine Inspection, or the Commandant to perform duties with respect to
the inspection, enforcement, and administration of vessel safety and
navigation laws and regulations.
Master means the individual having command of the vessel and who is
the holder of a valid license which authorizes the individual to serve
as master of a small passenger vessel.
Means of escape means a continuous and unobstructed way of exit
travel from any point in a vessel to an embarkation station. It
consists of three distinct components:
(1) The exit access;
(2) The exit; and
(3) The exit discharge.
A means of escape can be both vertical and horizontal, and includes
doorways, passageways, stairtowers, stairways, and public spaces. Cargo
spaces, machinery spaces, rest rooms, hazardous areas, escalators, and
elevators must not be any part of a means of escape.
New vessel means a vessel:
(1) The initial construction of which began on or after [effective
date of the final rule];
(2) Which was issued an initial Certificate of Inspection on or
after [six months after effective date of the final rule];
(3) Which underwent a major conversion which was initiated on or
after [effective date of the final rule]; or
(4) Which underwent a major conversion which was completed and for
which an amended Certificate of Inspection was issued on or after [six
months after effective date of the final rule].
Noncombustible material means any material approved under
Sec. 164.009 of this chapter.
Nonself-propelled vessel means a vessel which does not have
installed means of propulsion, including propulsive machinery, masts,
spars, or sails.
Oceans means a route which is more than 20 nautical miles offshore
on any of the following waters:
(1) Any ocean;
(2) The Gulf of Mexico;
(3) The Caribbean Sea;
(4) The Bering Sea;
(5) The Gulf of Alaska; or
(6) Such other similar waters as may be designated by a Coast Guard
District Commander.
Officer In Charge, Marine Inspection, or OCMI means an officer of
the Coast Guard designated as such by the Commandant and who, under the
direction of the Coast Guard District Commander, is in charge of a
marine inspection zone, described in part 1 of this chapter, for the
performance of duties with respect to the inspections, enforcement, and
administration of vessel safety and navigation laws and regulations.
The cognizant OCMI is the OCMI that has immediate jurisdiction over a
vessel for the purpose of performing the duties previously described.
Open boat means a vessel not protected from entry of water by means
of a complete weathertight deck, or by a combination of a partial
weathertight deck and superstructure which is structurally suitable for
the waters upon which the vessel operates.
Open deck means a deck that is permanently open to the weather on
one or more sides and, if covered, any spot on the overhead is less
than 15 feet from the nearest opening to the weather.
Open to the atmosphere means a compartment that has at least 15
square inches of open area directly exposed to the atmosphere for each
cubic foot of net compartment volume.
Operating station means the principal steering station on the
vessel from which the individual on duty normally navigates the vessel.
Overnight accommodations or overnight accommodation space means an
accommodation space for use by passengers or by crew members, which has
one or more berths, including beds or bunks, for passengers or crew
members to rest for extended periods. Staterooms, cabins, and berthing
areas are normally overnight accommodation spaces. Overnight
accommodations do not include spaces which contain only seats,
including reclining seats.
Partially enclosed space means a compartment that is neither open
to the atmosphere nor an enclosed space.
Partially protected waters is a term used in connection with
stability criteria and means:
(1) Waters not more than 20 nautical miles from the mouth of a
harbor of safe refuge, unless determined by the cognizant OCMI to be
exposed waters;
(2) Those portions of rivers, estuaries, harbors, lakes, and
similar waters which the cognizant OCMI determines not to be protected
waters; and
(3) Waters of the Great Lakes from April 16 through September 30 of
the same year (summer season).
Passenger means an individual carried on a vessel except:
(1) The owner or representative of the owner;
(2) The master or a crewmember engaged in the business of the
vessel who has not contributed consideration for carriage and who is
paid for services;
(3) An employee of the owner of the vessel engaged in the business
of the owner, except when the vessel is operating under a demise
charter;
(4) An employee of the demise charterer of the vessel engaged in
the business of the demise charterer;
(5) A guest on board a vessel being operated only for pleasure who
has not contributed consideration for carriage on board; or
(6) An individual on board a towing vessel of at least 50 gross
tons who has not contributed consideration for carriage on board.
Passenger accommodation space means an accommodation space
designated for the use of passengers.
Pilothouse control means that controls to start and stop the
engines and control the direction and speed of the propeller of the
vessel are located at the operating station.
Piping system includes piping, fittings, and appurtenances as
described in 46 CFR 56.07-5.
Protected waters is a term used in connection with stability
criteria and means sheltered waters presenting no special hazards such
as most rivers, harbors, and lakes, and which is not determined to be
exposed waters or partially protected waters by the cognizant OCMI.
Pre-engineered means, when referring to a fixed gas fire
extinguishing system, a system that is designed and tested to be
suitable for installation without modification as a complete unit in a
space of a set volume, regardless of the specific design of the vessel
on which it is installed.
Rivers means a route on any of the following waters:
(1) A river;
(2) A canal; or
(3) Such other similar waters as may be designated by a Coast Guard
District Commander.
Sailing vessel means a vessel principally equipped for propulsion
by sail even if the vessel has an auxiliary means of propulsion.
Scupper means a pipe or tube of at least 1.25 inches in diameter
leading down from a deck or sole and through the hull to drain water
overboard.
Self-bailing cockpit means a cockpit, with watertight sides and
floor (sole), which is designed to free itself of water by gravity
drainage through scuppers.
Ship's service loads means services necessary for maintaining the
vessel in normal operational and habitable conditions. These loads
include, but are not limited to, safety, lighting, ventilation,
navigational, and communications loads.
Short international voyage means an international voyage where:
(1) The vessel is not more than 200 nautical miles from a port or
place in which the passengers and crew could be placed in safety; and
(2) The total distance between the last port of call in the country
in which the voyage began and the final port of destination does not
exceed 600 nautical miles.
Stairway means an inclined means of escape between two decks.
Steel or equivalent material means steel or any noncombustible
material which, by itself or due to insulation provided, has structural
and integrity properties equivalent to steel at the end of the standard
fire test.
Survival craft means a lifeboat, rigid liferaft, inflatable
liferaft, life float, inflatable buoyant apparatus, buoyant apparatus,
or a small boat carried aboard a vessel in accordance with
Sec. 180.200(b) of this subchapter.
Switchboard means an electrical panel which receives power from a
generator, battery, or other electrical power source and distributes
power directly or indirectly to all equipment supplied by the
generating plant.
Trunk means a vertical shaft or duct for the passage of pipes,
wires, or other devices except that for the purposes of part 179 of
this subchapter, ``trunk'' means a large enclosed passageway through
any deck or bulkhead of a vessel.
Vehicle space means a space not on an open deck, for the carriage
of motor vehicles with fuel in their tanks, into and from which such
vehicles can be driven and to which passengers have access.
Vessel includes every description of watercraft or other artificial
contrivance, used or capable of being used as a means of transportation
on water.
Vessel of the United States means a vessel documented or numbered
under the laws of the United States, the States of the United States,
Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of
Columbia, the Northern Mariana Islands, and any other territory or
possession of the United States.
Watertight means designed and constructed to withstand a static
head of water without any leakage, except that ``watertight'' for the
purposes of electrical equipment means enclosed so that water does not
enter the equipment when a stream of water from a hose with a nozzle
one inch in diameter that delivers at least 65 gallons per minute is
played on the enclosure from any direction from a distance of ten feet
for five minutes.
Weather deck means a deck which is partially or completely exposed
to the weather from above or from at least two sides, except that for
the purposes of parts 178 and 179 of this subchapter, ``weather deck''
means the uppermost deck exposed to the weather to which a weathertight
sideshell extends.
Weathertight means that water will not penetrate in any sea
condition, except that ``weathertight equipment'' means equipment
constructed or protected so that exposure to a beating rain will not
result in the entrance of water.
Well deck vessel means a vessel with a weather deck fitted with
solid bulwarks that impede the drainage of water over the sides or a
vessel with an exposed recess in the weather deck extending more than
one-half of the length of the vessel measured over the weather deck.
Wire means an individual insulated conductor without an outer
protective jacket.
Work space means a space, not normally occupied by a passenger, in
which a crew member performs work and includes, but is not limited to,
a galley, operating station, or machinery space.
Sec. 175.540 Equivalents.
(a) The Commandant may accept in substitution for a required
arrangement, fitting, appliance, apparatus, equipment, calculation,
information, or test an equivalent that is as effective as that
required by the regulations and is consistent with the intent of the
requirements and the minimum safety standards specified in this
subchapter. Requests for equivalents must be submitted to the
Commandant via the cognizant OCMI. If necessary, the Commandant may
require engineering evaluations and tests to demonstrate the
equivalence of the substitute.
(b) The Commandant may accept compliance by a dynamically supported
craft with the provisions of the IMO ``Code of Safety for Dynamically
Supported Craft'' as an equivalent to compliance with applicable
requirements of this subchapter. Requests for equivalents must be
submitted to the Commandant via the cognizant OCMI.
(c) The Commandant may approve a novel lifesaving appliance or
arrangement as an equivalent if it has performance characteristics at
least equivalent to the appliance or arrangement required under this
part, and:
(1) Is evaluated and tested under IMO Resolution A.520(13), ``Code
of Practice for the Evaluation, Testing and Acceptance of Prototype
Novel Lifesaving Appliances and Arrangements''; or
(2) Has successfully undergone evaluation and tests that are
substantially equivalent to those recommendations.
Sec. 175.550 Special consideration.
In applying the provisions of this subchapter, the OCMI may give
special consideration to authorizing departures from the specific
requirements when unusual circumstances or arrangements warrant such
departures and an equivalent level of safety is provided. The OCMI of
each marine inspection zone in which the vessel operates must approve
any special consideration granted to a vessel.
Sec. 175.560 Appeals.
Any person directly affected by a decision or action taken under
this subchapter, by or on behalf of the Coast Guard, may appeal
therefrom in accordance with part 1, subpart 1.03 of this chapter.
Sec. 175.600 Incorporation by reference.
(a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in paragraph (b) of this section, the
Coast Guard must publish a notice of change in the Federal Register and
make the material available to the public. All approved material is on
file at the Office of the Federal Register, 800 N. Capitol Street NW.,
suite 700, Washington, DC, and at the U.S. Coast Guard, Merchant Vessel
Inspection Division (G-MVI), 2100 Second Street SW., Washington, DC
20593-0001 and is available from the sources indicated in paragraph (b)
of this section.
(b) The material approved for incorporation by reference in this
subchapter and the sections affected are:
American Bureau of Shipping (ABS), P.O. Box 910, 45 Eisenhower Dr.,
Paramus, NJ 07652
Rules for Building and Classing Aluminum Vessels, 1975, 177.300
Rules for Building and Classing Reinforced Plastic Vessels, 1978,
177.300
Rules for Building and Classing Steel Vessels, 1991, 182.410;
183.360
Rules for Building and Classing Steel Vessels Under 61 Meters (200
Feet) in Length, 1983, 177.300
Rules for Building and Classing Steel Vessels for Service on Rivers
and Intracoastal Waterways, 1980, 177.300
American Boat and Yacht Council (ABYC), P.O. Box 747, 405 Headquarters
Dr., Suite 3, Millersville, MD 21108-07477
A-1-78--Marine CNG--Liquefied Petroleum Gas Systems, 184.240
A-3-70--Recommended Practices and Standards Covering Galley Stoves,
184.200
A-7-70--Recommended Practices and Standards Covering Boat Heating
Systems, 184.200
A-16-89--Electric Navigation Lights, 183.130
A-22-78--Marine CNG--Compressed Natural Gas Systems, 184.240
E-8-85--Alternating Current (AC) Electrical Systems on Boats,
183.130
E-9-90--Direct Current (DC) Electrical Systems on Boats, 183.130
H-2-89--Ventilation of Boats Using Gasoline, 182.130; 182.460
H-22-86--DC Electric Bilge Pumps Operating Under 50 Volts, 182.130;
182.500
H-24-89--Gasoline Fuel Systems, 182.130; 182.440; 182.445; 182.450;
182.455
H-25-86--Portable Fuel Systems for Flammable Liquids, 182.130;
182.458
H-32-87--Ventilation of Boats Using Diesel Fuel, 182.130; 182.465;
182.470
H-33-89--Diesel Fuel Systems, 182.130; 182.440; 182.445; 182.450;
182.455
P-1-86--Installation of Exhaust Systems for Propulsion and Auxiliary
Engines, 177.405; 177.410; 182.130; 182.425; 182.430
P-4-89--Marine Inboard Engines, 182.130; 182.420
American National Standards Institute (ANSI), United Engineering
Center, 345 East 47th St., New York, NY 10017
A 17.1-1984--American Standard Safety Code for Elevators,
Dumbwaiters, Escalators, and Moving Walks, 183.540
B 31.1-1986--American National Standard Code for Pressure Piping,
Power Piping, 182.710
Z 26.1-1983--Safety Glazing Materials For Glazing Motor Vehicles
Operating on Land Highways, 177.1030
American Society for Testing and Materials (ASTM), 1916 Race St.,
Philadelphia, PA 19103
B-117-79--Method of Salt Spray (Fog) Testing, 175.400
D-93-80--Flash Point By Pensky-Martens Closed Cup Tester, 175.400
D-635-81--Standard Test Method for Rate of Burning and/or Extent and
Time of Burning of Self-supporting Plastics in a Horizontal
Position, 182.440
D-2863-77--Standard Test Method for Measuring the Minimum Oxygen
Concentration to Support Candle-like Combustion of Plastics (Oxygen
Index), 182.440
E-84-81--Test for Surface Burning Characteristics of Building
Materials, 177.410
F--[Reserved for standard on pyrotechnic lockers under development
by ASTM], 180.68
Australian Transport Advisory Council, Australian Government Publishing
Service, Canberra, Australia
Australia Shipping Law Code Section 5, Sub-section J, as amended to
August 1, 1984, 177.300
Institute of Electrical and Electronics Engineers, Inc. (IEEE), IEEE
Service Center, 445 Hoes Lane, Piscataway, N.J. 08854
Standard 45-1983--Recommended Practice for Electrical Installations
on Shipboard, 183.340
International Maritime Organization (IMO), IMO Sales, New York Nautical
Instrument and Service Corp., 40 W. Broadway, New York, NY 10013
Code of Safety for Dynamically Supported Craft, 1987, 175.540
Code of Practice for the Evaluation, Testing and Acceptance of
Prototype Novel Lifesaving Appliances and Arrangements--IMO
Resolution A.520(13), 175.540(c)
Resolution on the Installation of Reflective Tape on Lifesaving
Equipment--IMO Resolution A.658(16), 185.604
Lloyd's Register of Shipping, 17 Battery Place, Suite 1013, New York,
NY 10004
Rules and Regulations for the Classification of Yachts and Small
Craft, as amended through May 11, 1983, 177.300
National Fire Protection Association (NFPA), 1 Batterymarch Park,
Quincy, MA 02269-9101
10-1988--Portable Fire Extinguishers, 176.810
17-1985--Dry Chemical Extinguishing Systems, 181.425
17A-1986--Wet Chemical Extinguishing Systems, 181.425
70-1987--National Electrical Code (NEC)
Section 250-95 183.370
Section 310-13, 183.340
Section 310-15, 183.340
Article 430, 183.320
Article 445, 183.320
302-1989--Pleasure and Commercial Motor Craft, Chapter 6, 184.200;
184.240
306-1988--Control of Gas Hazards on Vessels, 176.710
1963-1985--Screw Threads and Gaskets for Fire Hose Connections,
181.320
Naval Publications and Forms Center, Customer Service Code 1052, 5801
Tabor Ave., Philadelphia, PA 19120
Military Specification MIL-P-21929B (1970)--Plastic Material,
Cellular Polyurethane, Foam-in-Place, Rigid (2 and 4 pounds per
cubic foot), 179.240
Society of Automotive Engineers (SAE), 400 Commonwealth Drive,
Warrendale, PA 15096-0001
SAE J1475--Hydraulic Hose Fittings For Marine Applications, 1984,
182.720
SAE J1928--Devices Providing Backfire Flame Control for Gasoline
Engines in Marine Applications, August 1989, 182.415
SAE J1942--Hose and Hose Assemblies for Mariner Applications, (date
of standard to be inserted upon publication, which is expected prior
to the final rule), 182.720
Underwriters Laboratories Inc. (UL), 12 Laboratory Drive, Research
Triangle Park, NC 27709
UL 19-1978--Woven Jacketed, Rubber Lined Fire Hose, 181.320
UL 57-1980--Electric Lighting Fixtures, 183.410
UL 174-1983--Standard for Household Electric Stowage Tank Water
Heaters, 182.320
UL 217-1985--Standard for Single and Multiple Station Smoke
Detectors, 181.450
UL 486A-1978--Electric Wire Connectors and Soldering Lugs For Use
With Copper Conductors, 183.340
UL 489-1986--Molded--Case Circuit Breakers and Circuit Breaker
Enclosures, 183.380
UL 595-1980--Marine Type Electric Lighting Fixtures, 183.410
UL 710-1984--Grease Extractors for Exhaust Ducts, 181.425
UL 1058-1984--Halogenated Agent Fire Extinguishing System Units,
181.410(g)
UL 1102-1980--Non-integral Marine Fuel Tanks, 182.440
UL 1110-1976--Marine Combustible Gas Indicators, 182.480
UL 1111-1988--Marine Carburetor Flame Arrestors, 182.415
UL 1453-1982--Electric Booster and Commercial Storage Tank Water
Heaters, 182.320
UL 1570-1988--Fluorescent Lighting Fixtures, 183.410
UL 1571-1984--Incandescent Lighting Fixtures, 183.410
UL 1572-1984--High Intensity Discharge Lighting Fixtures, 183.410
UL 1573-1985--Stage and Studio Lighting Units, 183.410
UL 1574-1987--Track Lighting Systems, 183.410
Sec. 175.800 Approved equipment and material.
(a) Equipment and material that is required by this subchapter to
be approved or of an approved type, must have been manufactured and
approved in accordance with the design and testing requirements in
subchapter Q (Equipment, Construction, and Materials: Specifications
and Approval) of this chapter or as otherwise specified by the
Commandant.
(b) Notice regarding equipment approvals is published in the
Federal Register. Coast Guard publication COMDTINST M16714.3,
``Equipment Lists, Items Approved, Certificated or Accepted under
Marine Inspection and Navigation Laws'', lists approved equipment by
type and manufacturer. COMDTINST M16714.3 may be obtained from the
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402.
Sec. 175.900 OMB control numbers.
(a) Purpose. This section lists the control numbers assigned to
information collection and recordkeeping requirements in this
subchapter by the Office of Management and Budget (OMB) pursuant to the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et. seq.). The Coast
Guard intends that this section comply with the requirements of 44
U.S.C. 3507(f) which requires that agencies display a current control
number assigned by the Director of OMB for each approved agency
information collection requirement.
(b) Display.
------------------------------------------------------------------------
46 CFR Section where identified: Current OMB Control Number:
------------------------------------------------------------------------
176.105(a)......................... :2115-0578
176.202............................ :2115-0578
176.204............................ :2115-0578
176.302............................ :2115-0578
176.306............................ :2115-0578
176.310............................ :2115-0578
176.500(a)......................... :2115-0578
176.612............................ :2115-0578
176.700............................ :2115-0578
176.704............................ :2115-0578
176.710............................ :2115-0578
176.810(b)......................... :2115-0578
176.920(c)......................... :2115-0578
176.930............................ :2115-0578
177.202............................ :2115-0578
177.315............................ :2115-0589
177.330............................ :2115-0578
177.335............................ :2115-0589
177.340............................ :2115-0578
178.210............................ :2115-0578
178.220............................ :2115-0559
178.230............................ :2115-0559
181.610............................ :2115-0578
182.460(e)......................... :2115-0578
182.610(f)......................... :2115-0578
183.220(d)......................... :2115-0578
183.320(d) and (e)................. :2115-0578
184.420............................ :2115-0578
184.506............................ :2115-0578
185.202............................ :2115-0003
185.206............................ :2115-0003
185.208............................ :2115-0578
185.220............................ :2115-0578
185.230............................ :2115-0578
185.260............................ :2115-0578
185.280............................ :2115-0578
185.340(c)......................... :2115-0578
185.402............................ :2115-0578
185.502............................ :will be displayed when assigned by
OMB
185.504............................ :2115-0578
185.506............................ :2115-0578
185.510............................ :2115-0578
185.514............................ :2115-0578
185.516............................ :2115-0578
185.518............................ :2115-0578
185.602............................ :2115-0578
185.604............................ :2115-0578
185.606............................ :2115-0578
185.608............................ :2115-0578
185.610............................ :2115-0578
185.612............................ :2115-0578
185.702............................ :2115-0578
185.704(c)......................... :2115-0578
------------------------------------------------------------------------
PART 176--INSPECTION AND CERTIFICATION
Subpart A--Certificate of Inspection
Sec.
176.100 When required.
176.103 Description.
176.105 How to obtain or renew.
176.107 Period of validity.
176.110 Routes permitted.
l76.112 Total persons permitted.
176.113 Passengers permitted.
176.114 Alternative requirements for a vessel carrying six or less
passengers.
176.120 Certificate of Inspection amendment.
Subpart B--Special Permits and Certificates
176.202 Permit to proceed.
176.204 Permit to carry excursion party.
Subpart C--Posting of certificates, permits, and stability letters
176.302 Certificates and permits.
176.306 Stability letter.
176.310 Certification expiration date stickers.
Subpart D--Inspection for Certification
176.400 General.
176.402 Initial inspection for certification.
176.404 Subsequent inspections for certification.
Subpart E--Reinspection
176.500 When required.
176.502 Scope.
Subpart F--Hull and Tailshaft Examinations
176.600 Drydock and internal structural examination intervals.
176.610 Scope of drydock and internal structural examinations.
176.612 Notice and plans required.
176.630 Tailshaft examinations.
176.670 Extension of examination intervals.
Subpart G--Repairs and Alterations
176.700 Permission for repairs and alterations.
176.702 Installation tests and inspections.
176.704 Breaking of safety valve seals.
176.710 Inspection and testing for gas hazards.
Subpart H--Material Inspections
176.800 Inspection standards.
176.801 Notice of inspection deficiencies and requirements.
176.802 Hull.
176.804 Machinery.
176.806 Electrical.
176.808 Lifesaving.
176.810 Fire protection.
176.812 Pressure vessels and boilers.
176.814 Steering systems.
176.816 Miscellaneous systems and equipment.
176.818 Sanitary inspection.
176.830 Unsafe practices.
176.840 Additional tests and inspections.
Subpart I--International Convention for Safety of Life at Sea, 1974, as
Amended (SOLAS)
176.900 Applicability.
176.910 Passenger Ship Safety Certificate.
176.920 Exemptions.
176.930 Equivalents.
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306; 49 U.S.C.
App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Subpart A--Certificate of Inspection
Sec. 176.100 When required.
(a) A vessel to which this subchapter applies may not be operated
without having on board a valid U.S. Coast Guard Certificate of
Inspection.
(b) Except as noted in Sec. 176.114, each vessel inspected and
certificated under the provisions of this subchapter must, when any
passengers are aboard during the tenure of the certificate, be in full
compliance with the terms of the certificate.
(c) If necessary to prevent delay of the vessel, a temporary
Certificate of Inspection may be issued pending the issuance and
delivery of the regular Certificate of Inspection. The temporary
certificate must be carried in the same manner as the regular
certificate and is considered the same as the regular Certificate of
Inspection which it represents.
(d) A vessel on a foreign voyage between a port in the United
States and a port in a foreign country, whose Certificate of Inspection
expires during the voyage, may lawfully complete the voyage without a
valid Certificate of Inspection provided the voyage is completed within
30 days of expiration and the certificate did not expire within 15 days
of sailing on the foreign voyage from a U.S. port.
Sec. 176.103 Description.
The Certificate of Inspection issued to a vessel describes the
vessel, the route(s) which it may travel, the minimum manning
requirements, the survival and rescue craft carried, the minimum fire
extinguishing equipment and lifejackets required to be carried, the
maximum number of passengers and total persons which may be carried,
the number of passengers the vessel may carry in overnight
accommodation spaces, the name of the owner and managing operator, any
equivalencies accepted or authorized by the Commandant or any OCMI
under Secs. 175.540 or 175.550, and such other conditions of operations
as may be determined by the cognizant OCMI.
Sec. 176.105 How to obtain or renew.
(a) A Certificate of Inspection is obtained or renewed by making
application for an initial or periodic inspection on Form CG 3752,
Application for Inspection of U.S. Vessel, to the Coast Guard OCMI of
the marine inspection zone in which the inspection is to be made. Form
CG-3752 may be obtained at any U.S. Coast Guard Marine Safety Office or
Marine Inspection Office.
(b) The application for initial inspection of a vessel being newly
constructed or converted must be submitted prior to the start of the
construction or conversion.
(c) The construction, arrangement, and equipment of each vessel
must be acceptable to the cognizant OCMI as a prerequisite of the
issuance of the initial Certificate of Inspection. Acceptance is based
on the information, specifications, drawings and calculations available
to the OCMI and on the successful completion of an initial inspection
for certification.
(d) A Certificate of Inspection is renewed by the issuance of a new
Certificate of Inspection.
(e) The condition of the vessel and its equipment must be
acceptable to the cognizant OCMI as a prerequisite to the Certificate
of Inspection renewal. Acceptance is based on the condition of the
vessel as found at the periodic inspection for certification.
Sec. 176.107 Period of validity.
(a) A Certificate of Inspection is issued for a period of three
years.
(b) A Certificate of Inspection may be suspended and withdrawn or
revoked by the cognizant OCMI at any time for noncompliance with the
requirements of this subchapter.
Sec. 176.110 Routes permitted.
(a) The area of operation for each vessel and any necessary
operational limits are determined by the cognizant OCMI, and recorded
on the vessel's Certificate of Inspection. Each area of operation,
referred to as a route, is described on the Certificate of Inspection
under the major headings ``oceans,'' ``coastwise,'' ``Great Lakes,''
``lakes, bays, and sounds,'' or ``rivers,'' as applicable. Further
limitations imposed or extensions granted are described by reference to
bodies of water, geographical points, distance from geographical
points, distances from land, depths of channel, seasonal limitations,
and similar factors.
(b) The maximum allowable distance a dynamically supported craft or
a vessel complying with the IMO ``Code of Safety for Dynamically
Supported Craft'' as equivalent to the requirements of this subchapter,
as allowed by Sec. 175.540(b) of this subchapter, may operate from a
harbor of safe refuge is designated by the cognizant OCMI, but may not
be more than 100 nautical miles.
(c) Operation of a vessel on a route of lesser severity than those
specifically described or designated on the Certificate of Inspection
is permitted unless expressly prohibited on the Certificate of
Inspection. The general order of severity of routes is: ``oceans,''
``coastwise,'' ``Great Lakes,'' ``lakes, bays, and sounds,'' and
``rivers.'' The cognizant OCMI may prohibit a vessel from operating on
a route of lesser severity than the primary route a vessel is
authorized to operate on if local conditions necessitate such a
restriction.
(d) Nonself-propelled vessels are prohibited from operating on an
``oceans'', ``coastwise'', or ``Great Lakes'' route unless the
Commandant approves such a route.
(e) When designating a permitted route or imposing any operational
limits on a vessel, the OCMI may consider:
(1) Requirements of this subchapter for which compliance is based
on the route of the vessel;
(2) The performance capabilities of the vessel based on design,
scantlings, stability, subdivision, propulsion, speed, operating modes,
maneuverability, and other characteristics; and
(3) The suitability of the vessel for night-time operations and use
in all weather conditions.
Sec. 176.112 Total persons permitted.
The cognizant OCMI determines the total number of persons permitted
to be carried on a vessel. In determining the total number of persons
permitted to be carried, the OCMI may consider stability restrictions
and subdivision requirements of the vessel, the vessel's route, general
arrangement, means of escape, lifesaving equipment, the minimum manning
requirements, and the maximum number of passengers permitted in
accordance with Sec. 176.113.
Sec. 176.113 Passengers permitted.
(a) The maximum number of passengers permitted to be carried on a
vessel is determined by the cognizant OCMI. The maximum number
permitted must be not more than that allowed by the requirements of
this section, except as authorized by the OCMI under paragraph (d) of
this section.
(b) The maximum number of passengers permitted on any vessel may be
the greatest number permitted by the length of rail criterion, deck
area criterion, or fixed seating criterion described in this paragraph
or a combination of these criteria as allowed by paragraph (c) of this
section.
(1) Length of rail criterion. One passenger may be permitted for
each 30 inches of rail space available to the passengers at the
periphery of each deck. The following rail space may not be used in
determining the maximum number of passengers permitted:
(i) Rail space in congested areas unsafe for passengers, such as
near anchor handling equipment or line handling gear, in the way of
sail booms, running rigging, or paddle wheels, or along pulpits;
(ii) Rail space on stairways; and
(iii) Rail space where persons standing in the space would block
the vision of the licensed individual operating the vessel.
(2) Deck area criterion. One passenger may be permitted for each 10
square feet of deck area available for the passengers' use. In
computing such deck area, the areas occupied by the following must be
excluded:
(i) Concession stands, fixed tables, fixed gambling equipment, and
similar furnishings;
(ii) Toilets and washrooms;
(iii) Companionways and stairways;
(iv) Spaces occupied by and necessary for handling lifesaving
equipment, anchor handling equipment or line handling gear, or in the
way of sail booms or running rigging;
(v) Spaces below deck which are unsuitable for passengers or which
would not normally be used by passengers;
(vi) Interior passageways less than 30 inches wide and passageways
on open deck less than 18 inches wide;
(vii) Bow pulpits, swimming platforms and areas which do not have a
solid deck, such as netting on multi-hull vessels;
(viii) Deck areas in way of paddle wheels; and
(ix) Aisle area provided in accordance with Sec. 177.820(d).
(3) Fixed seating criterion. One passenger may be permitted for
each 18 inches of width of fixed seating provided under Sec. 177.820 of
this subchapter. Each sleeping berth in overnight accommodation spaces
shall be counted as only one seat.
(c) Different passenger capacity criteria may be used on each deck
of a vessel and added together to determine the total passenger
capacity of that vessel. Where seats are provided on part of a deck and
not on another, the number of passengers permitted on a vessel may be
the sum of the number permitted by the seating criterion for the space
having seats and the number permitted by the deck area criterion for
the space having no seats. The length of rail criterion must not be
combined with either the deck area criterion or the fixed seating
criterion on an individual deck.
(d) For a vessel operating on short runs on protected waters such
as a ferry, the cognizant OCMI may give special consideration to
increases in passenger allowances.
Sec. 176.114 Alternative requirements for a vessel carrying six or
less passengers.
(a) When authorized by the cognizant OCMI by an endorsement of the
vessel's Certificate of Inspection, a small passenger vessel carrying
six or less passengers, and operating as a commercial fishing vessel or
other uninspected vessel or as a recreational vessel, need not meet the
requirements of:
(1) Part 180, subparts C, D, and E, of this subchapter providing
the vessel is in satisfactory compliance with the lifesaving equipment
regulations for an uninspected vessel or recreational vessel in a
similar service;
(2) Part 177, subpart C, and parts 178 and 179 of this subchapter
providing the vessel is in satisfactory compliance with applicable
regulations for an uninspected vessel or recreational vessel in a
similar service or if the owner of the vessel otherwise establishes to
the satisfaction of the cognizant OCMI that the vessel is seaworthy for
the intended service; and
(3) Sections 184.404 and 184.410 of this subchapter providing the
vessel is in satisfactory compliance with applicable regulations for an
uninspected or recreational vessel in a similar service.
(b) A vessel operating under the alternative regulations of
paragraph (a) of this section must:
(1) Not alter the arrangement of the vessel nor remove any
equipment required by the certificate for the intended operation,
without the consent of the cognizant OCMI;
(2) Comply with the minimum manning specified on the Certificate of
Inspection, which may include reduced manning for when the vessel
carries not more than six passengers;
(3) When carrying from one to six passengers, make the announcement
required by Sec. 185.506(a)(9) of this subchapter must be made before
getting underway; and
(4) If a vessel of more than 15 gross tons, not carry freight for
hire.
(c) The endorsement issued under paragraph (a) of this section must
indicate the maximum route, number of passengers, and the manning
required to operate under the provisions of this section.
Sec. 176.120 Certificate of Inspection amendment.
(a) An amended Certificate of Inspection may be issued at any time
by any OCMI. The amended Certificate of Inspection replaces the
original, but the expiration date remains the same as that of the
original. An amended Certificate of Inspection may be issued to
authorize and record a change in the dimensions, gross tonnage, owner,
managing operator, manning, persons permitted, route permitted,
conditions of operations, or equipment of a vessel, from that specified
in the current Certificate of Inspection.
(b) A request for an amended Certificate of Inspection must be made
to the cognizant OCMI by the owner or managing operator of the vessel
at any time there is a change in the character of a vessel or in its
route, equipment, ownership, operation, or similar factors specified in
its current Certificate of Inspection.
(c) The OCMI may require an inspection prior to the issuance of an
amended Certificate of Inspection.
Subpart B--Special Permits and Certificates
Sec. 176.202 Permit to proceed.
(a) When a vessel is not in compliance with its Certificate of
Inspection or fails to comply with a regulation of this subchapter, the
cognizant OCMI may permit the vessel to proceed to another port for
repair, if in the judgment of the OCMI, the trip can be completed
safely, even if the Certificate of Inspection of the vessel has expired
or is about to expire.
(b) Form CG-948, ``Permit to Proceed to another Port for Repairs,''
may be issued by the cognizant OCMI to the owner, managing operator, or
the master of the vessel stating the conditions under which the vessel
may proceed to another port. The permit may be issued only upon the
written application of the owner, managing operator, or master, and
after the vessel's Certificate of Inspection is turned over to the
OCMI.
(c) A vessel may not carry passengers when operating in accordance
with a permit to proceed, unless the cognizant OCMI determines that it
is safe to do so.
Sec. 176.204 Permit to carry excursion party.
(a) The cognizant OCMI may permit a vessel to engage in a temporary
excursion operation with a greater number of persons or on a more
extended route, or both, than permitted by its Certificate of
Inspection when, in the opinion of the OCMI, the operation can be
undertaken safely.
(b) Upon the written application of the owner or managing operator
of the vessel, the cognizant OCMI may issue a ``Permit To Carry
Excursion Party'', Form CG-949, to indicate his or her permission to
carry an excursion party. The OCMI will indicate on the permit the
conditions under which it is issued, the number of persons the vessel
may carry, the crew required, any additional lifesaving or safety
equipment required, the route for which the permit is granted, and the
dates on which the permit is valid.
(c) The number of passengers normally permitted on an excursion
vessel shall be governed by Sec. 176.113.
(d) The OCMI shall not normally waive the applicable minimum safety
standards when issuing an excursion permit. In particular, a vessel
which is being issued an excursion permit should meet the minimum
stability, survival craft, fire safety, and manning standards
applicable to a vessel in the service for which the excursion permit is
requested.
(e) The permit acts as a temporary, limited duration supplement to
the vessel's Certificate of Inspection and must be carried with the
Certificate of Inspection. A vessel operating under a permit to carry
an excursion party must be in full compliance with the terms of its
Certificate of Inspection as supplemented by the permit.
(f) The OCMI may require an inspection prior to the issuance of a
permit to carry an excursion party.
Subpart C--Posting of Certificates, Permits, and Stability Letters
Sec. 176.302 Certificates and permits.
The Certificate of Inspection and any SOLAS Certificates must be
posted under glass or other suitable transparent material, such that
all pages are visible, in a conspicuous place on the vessel where
observation by passengers is likely. If posting is impracticable, such
as on open boats, the certificates must be kept on board in a
weathertight container readily available for use by the crew and
display to passengers and others on request.
Sec. 176.306 Stability letter.
When, in accordance with Sec. 178.210 of this subchapter, a vessel
must be provided with a stability letter, the stability letter must be
posted under glass or other suitable transparent material, such that
all pages are visible, at the operating station of the vessel. If
posting is impracticable, the stability letter must be kept on board in
a weathertight container readily available for use by the crew and
display to passengers and others on request.
Sec. 176.310 Certification expiration date stickers.
(a) A Certification Expiration Date Sticker indicates the date upon
which the vessel's Certificate of Inspection expires and is provided by
the cognizant OCMI in the number required, upon issuance or renewal of
the Certificate of Inspection.
(b) A vessel that is issued a Certificate of Inspection under the
provisions of this subchapter must not be operated without a valid
Certification Expiration Date Sticker affixed to the vessel on a place
that is:
(1) A glass or other smooth surface from which the sticker may be
removed without damage to the vessel;
(2) Readily visible to each passenger prior to boarding the vessel
and to patrolling Coast Guard law enforcement personnel; and
(3) Acceptable to the Coast Guard marine inspector.
(c) The Coast Guard marine inspector may require the placement of
more than one sticker in order to insure compliance with paragraph
(b)(2) of this section.
Subpart D--Inspection for Certification
Sec. 176.400 General.
(a) An inspection is required before the issuance of a Certificate
of Inspection. Such an inspection for certification is not made until
after receipt of the application for inspection required by
Sec. 176.105.
(b) Upon receipt of a written application for inspection, the
cognizant OCMI assigns a marine inspector to inspect the vessel for
compliance with this subchapter at a time and place mutually agreed
upon by the OCMI and the owner, managing operator, or representative
thereof.
(c) The owner, managing operator, or a representative thereof shall
be present during the inspection.
Sec. 176.402 Initial inspection for certification.
(a) Before construction or conversion of a vessel intended for
small passenger vessel service, the owner of the vessel shall submit
plans, manuals, and calculations indicating the proposed arrangement,
construction, and operations of the vessel, to the cognizant OCMI for
approval, except when submitted to the Marine Safety Center (MSC) as
allowed by part 177 of this subchapter, unless otherwise allowed by the
OCMI. The plans, manuals, and calculations required to be submitted and
the disposition of these plans are set forth in part 177, subpart B of
this subchapter.
(b) The initial inspection is conducted to determine that the
vessel and its equipment comply with applicable regulations and that
the vessel was built or converted in accordance with approved plans,
manuals, and calculations. Additionally, during the inspection the
materials, workmanship, and condition of all parts of the vessel and
its machinery and equipment may be checked to determine if the vessel
is satisfactory in all respects for the service intended.
(c) The owner or managing operator of a vessel shall ensure that
the vessel complies with the laws and regulations applicable to the
vessel and that the vessel is otherwise satisfactory for the intended
service. The initial inspection may include an inspection of the
following items:
(1) The arrangement, installation, materials, and scantlings of the
structure including the hull and superstructure, yards, masts, spars,
rigging, sails, piping, main and auxiliary machinery, pressure vessels,
steering apparatus, electrical installations, fire resistant
construction materials, lifesaving appliances, fire detecting and
extinguishing equipment, pollution prevention equipment, and all other
equipment;
(2) Sanitary conditions and fire hazards; and
(3) Certificates and operating manuals, including certificates
issued by the FCC.
(d) During an initial inspection for certification the owner or
managing operator shall conduct all tests and make the vessel available
for all applicable inspections discussed in this paragraph, and in
subpart H of this part, to the satisfaction of the cognizant OCMI,
including the following:
(1) The installation of each rescue boat and survival craft
launching appliance required by Sec. 71.20-20(a)(1) of this chapter.
(2) The installation of each rescue boat, liferaft, inflatable
buoyant apparatus, and launching appliance as listed on its Certificate
of Approval (Form CGHQ-10030).
(3) Machinery, fuel tanks, and pressure vessels as required by part
182 of this subchapter.
(4) A stability test or a simplified stability test when required
by Sec. 170.175 of this chapter or Sec. 178.320 of this subchapter.
(5) Watertight bulkheads as required by part 179 of this
subchapter.
(6) Firefighting systems as required by part 181 of this
subchapter.
(7) The operation of all smoke and fire detecting systems, and fire
alarms and sensors.
Sec. 176.404 Subsequent inspections for certification.
An inspection for renewal of a Certificate of Inspection normally
includes inspection and testing of the structure, machinery, equipment,
and on a sailing vessel, rigging and sails. The owner or managing
operator shall conduct all tests as required by the marine inspector,
and make the vessel available for all specific inspections and drills
required by subpart H of this part. The inspection is conducted to
determine if the vessel is in satisfactory condition, fit for the
service intended, and complies with the applicable regulations in this
subchapter.
Subpart E--Reinspection
Sec. 176.500 When required.
(a) The owner or managing operator shall make a vessel available
for reinspections within 60 days of each anniversary of the date of
issuance of the Certificate of Inspection during each triennial
inspection period. The owner or managing operator shall contact the
cognizant OCMI to arrange for a reinspection to be conducted at a time
and place acceptable to the OCMI.
(b) In addition to the requirements of paragraph (a) of this
section, a reinspection may be made at such other times as may be
required by the cognizant OCMI.
Sec. 176.502 Scope.
In general, the scope of the reinspection is the same as the
inspection for certification but in less detail unless it is determined
that a major change has occurred since the last inspection for
certification.
Subpart F--Hull and Tailshaft Examinations
Sec. 176.600 Drydock and internal structural examination intervals.
(a) The owner or managing operator shall make a vessel available
for drydock examinations and internal structural examinations required
by this section.
(b) A vessel making an international voyage must undergo a drydock
examination and an internal structural examination at least once every
12 months. If the vessel becomes due for a drydock examination or an
internal structural examination during the voyage, it may lawfully
complete the voyage prior to the examination if it undergoes the
required examination upon completion of the voyage to the United States
but not later than 30 days after the examination was due. If the vessel
is due for an examination within 15 days of sailing on an international
voyage from a United States port, it must undergo the required
examination before sailing.
(c) Except as provided in paragraphs (d) through (f) of this
section, a vessel not making an international voyage must undergo a
drydock examination and an internal structural examination as follows:
(1) A vessel which is exposed to salt water more than three months
in any 12 month period since the last examination must undergo a
drydock examination and an internal structural examination at least
once every two years; and
(2) A vessel which is exposed to salt water not more than three
months in any 12 month period since the last examination must undergo a
drydock examination and an internal structural examination at least
once every five years.
(d) Regardless of the type of water in which it operates, a vessel
with a wooden hull must undergo a drydock examination and an internal
structural examination as follows:
(1) If not more than 20 years old, at least once every two years;
or
(2) If more than 20 years old, at least once every 12 months.
(e) Whenever damage or deterioration to hull plating or structural
members which may affect the seaworthiness of a vessel is discovered or
suspected, the cognizant OCMI may conduct an internal structural
examination in any affected space including fuel tanks, and require the
vessel to be drydocked or otherwise taken out of service to further
assess the extent of the damage and to effect permanent repairs.
(f) Whenever a vessel is drydocked or hauled out other than as
required by this section, the owner or operator must notify the
cognizant OCMI so that a marine inspector may examine the vessel.
Sec. 176.610 Scope of drydock and internal structural examinations.
(a) A drydock examination conducted in compliance with Sec. 176.600
must be conducted while the vessel is hauled out of the water or placed
in a drydock or slipway. During the examination all accessible parts of
the vessel's underwater body and all through hull fittings, including
the hull plating and planking, appendages, propellers, shafts,
bearings, rudders, sea chests, sea valves, and sea strainers must be
examined. Sea chests, sea valves, and sea strainers must be opened for
examination. On wooden vessels, fastenings may be required to be pulled
for examination.
(b) An internal structural examination conducted in compliance with
Sec. 176.600 may be conducted while the vessel is afloat or out of the
water and consists of a complete examination of the vessel's main
strength members, including the major internal framing, the hull
plating and planking, voids, and ballast, cargo, and fuel oil tanks.
Where the internal framing, plating, or planking of the vessel is
concealed, sections of the lining, ceiling or insulation may be removed
or the parts otherwise probed or exposed so that the inspector may be
satisfied as to the condition of the hull structure. Fuel oil tanks
need not be cleaned out and internally examined if the marine inspector
is able to determine by external examination that the general condition
of the tanks is satisfactory.
Sec. 176.612 Notice and plans required.
(a) The owner or managing operator shall notify the cognizant OCMI
as far in advance as possible whenever a vessel is to be hauled out or
placed in a drydock or slipway in compliance with Sec. 176.600 or to
undergo repairs or alterations affecting the safety of the vessel,
together with the nature of any repairs or alterations contemplated.
Hull repairs or alternations which affect the safety of the vessel
include but are not limited to the replacement, repair, or refastening
of planking, plating, or structural members including the repair of
cracks.
(b) Whenever a vessel is hauled out or placed in a drydock or
slipway in excess of the requirements of this subpart for the purpose
of maintenance, such as changing a propeller, painting, or cleaning the
hull, no report need be made to the cognizant OCMI.
(c) The owner or managing operator of each vessel that holds a Load
Line Certificate shall make plans showing the vessel's scantlings
available to the Coast Guard marine inspector whenever the vessel
undergoes a drydock examination or internal structural examination or
whenever repairs or alterations affecting the safety or seaworthiness
of the vessel are made to the vessel's hull.
Sec. 176.630 Tailshaft examinations.
The marine inspector may require any part or all of the propeller
shafting to be drawn for examination of the shafting and stern bearing
of a vessel whenever the condition of the shafting and bearings are in
question. The inspector may conduct a visual examination and may
require nondestructive testing of the tailshaft.
Sec. 176.670 Extension of examination intervals.
The intervals between drydock examinations and internal structural
examinations specified in Sec. 176.600 may be extended by the
Commandant. Requests for extensions must be submitted to the Commandant
via the cognizant OCMI.
Subpart G--Repairs and Alterations
Sec. 176.700 Permission for repairs and alterations.
(a) Repairs or alterations to the hull, machinery, or equipment
which affect the safety of the vessel must not be made without the
approval of the cognizant OCMI, except during an emergency. When
repairs are made during an emergency, the owner, managing operator, or
master shall notify the OCMI as soon as practicable after such repairs
or alternations are made. Repairs or alterations which affect the
safety of the vessel include, but are not limited to: replacement,
repair, or refastening of deck or hull planking, plating, and
structural members; repair of plate or frame cracks; damage repair or
replacement, other than replacement in kind, of electrical wiring, fuel
lines, tanks, boilers and other pressure vessels, and steering,
propulsion and power supply systems; alterations affecting stability;
and repair or alteration of lifesaving, fire detecting, or fire
extinguishing equipment.
(b) The owner or managing operator shall submit drawings, sketches,
or written specifications describing the details of any proposed
alterations to the cognizant OCMI. Proposed alterations must be
approved by the OCMI before work is started.
(c) Drawings are not required to be submitted for repairs or
replacements in kind.
(d) The OCMI may require an inspection and testing whenever a
repair or alteration is undertaken.
Sec. 176.702 Installation tests and inspections.
Whenever a launching appliance, survival craft, rescue boat, fixed
fire extinguishing equipment, machinery, fuel tank, or pressure vessel
is installed aboard a vessel after completion of the initial inspection
for certification of the vessel, as replacement equipment or as a new
installation, the owner or managing operator shall conduct the tests
and make the vessel ready for the inspections required by
Sec. 176.402(d) to the satisfaction of the cognizant OCMI.
Sec. 176.704 Breaking of safety valve seals.
The owner, managing operator, or master shall notify the cognizant
OCMI as soon as practicable after the seal on a boiler safety valve on
a vessel is broken.
Sec. 176.710 Inspection and testing for gas hazards.
(a) An inspection must be conducted in accordance with the
provisions of NFPA 306 before alterations, repairs, or other operations
involving riveting, welding, burning, or other fire producing actions
may be made aboard a vessel:
(1) Within or on the boundaries of fuel tanks; or
(2) To pipelines, heating coils, pumps, fittings, or other
appurtenances connected to fuel tanks.
(b) An inspection required by paragraph (a) of this section must be
conducted as required by this paragraph.
(1) In ports or places in the United States or its territories and
possessions, the inspection must be conducted by a marine chemist
certificated by the National Fire Protection Association. However, if
the services of a certified marine chemist are not reasonably
available, the cognizant OCMI, upon the recommendation of the vessel
owner or managing operator, may authorize another person to inspect the
vessel. If the inspection indicates that the operations can be
undertaken safely, a certificate setting forth this fact in writing
must be issued by the certified marine chemist or the authorized person
before the work is started. The certificate must include any
requirements necessary to reasonably maintain safe conditions in the
spaces certified throughout the operation, including any precautions
necessary to eliminate or minimize hazards that may be present from
protective coatings or residues from cargoes.
(2) When not in a port or place in the United States or its
territories and possessions, and when a marine chemist or a person
authorized by the cognizant OCMI is not reasonably available, the
master shall conduct the inspection and enter the results of the
inspection in the vessel's logbook.
(c) The owner, managing operator, or master shall obtain a copy of
certificates issued by the certified marine chemist or the other person
authorized by the cognizant OCMI, and shall ensure that all conditions
on the certificates are observed and that the vessel is maintained in a
safe condition. The owner, managing operator, or master shall maintain
a safe condition on the vessel by requiring full observance, by persons
under his or her control, of all requirements listed in the
certificate.
Subpart H--Material Inspections
Sec. 176.800 Inspection standards.
(a) A vessel is inspected for compliance with the standards
required by this subchapter. Machinery, equipment, materials, and
arrangements not covered by standards in this subchapter may be
inspected in accordance with standards acceptable to the cognizant OCMI
as good marine practice.
(b) In the application of inspection standards due consideration
must be given to the hazards involved in the operation permitted by a
vessel's Certificate of Inspection. Thus, the standards may vary in
accordance with the vessel's area of operation or any other operational
restrictions or limitations.
(c) The published standards of classification societies and other
recognized safety associations may be used as guides in the inspection
of vessels when such standards do not conflict with the requirements of
this subchapter.
Sec. 176.801 Notice of inspection deficiencies and requirements.
(a) If during the inspection of a vessel, the vessel or its
equipment is found not to conform to the requirements of law or the
regulations in this subchapter, the marine inspector will point out
deficiencies observed and discuss all requirements with the owner,
managing operator, or a representative thereof. Normally, the marine
inspector will list all such requirements which have not been completed
and present the list to the owner, managing operator, or a
representative thereof.
(b) In any case where further clarification of or reconsideration
of any requirement placed against the vessel is desired, the owner,
managing operator, or a representative thereof, may discuss the matter
with the cognizant OCMI.
Sec. 176.802 Hull.
(a) At each initial and subsequent inspection for certification of
a vessel, the owner or managing operator shall be prepared to conduct
tests and have the vessel ready for inspections of the hull structure
and its appurtenances, including the following:
(1) Inspection of all accessible parts of the exterior and interior
of the hull, the watertight bulkheads, and weather decks;
(2) Inspection and operation of all watertight closures in the
hull, decks, and bulkheads including through hull fittings and sea
valves;
(3) Inspection of the condition of the superstructure, masts, and
similar arrangements constructed on the hull, and on a sailing vessel
all spars, standing rigging, running rigging, blocks, fittings, and
sails;
(4) Inspection of all railings and bulwarks and their attachment to
the hull structure;
(5) Inspection to ensure that guards or rails are provided in
dangerous places;
(6) Inspection and operation of all weathertight closures above the
weather deck and the provisions for drainage of sea water from the
exposed decks; and
(7) Inspection of all interior spaces to ensure that they are
adequately ventilated and drained, and that means of escape are
adequate and properly maintained.
(b) The vessel must be afloat for at least a portion of the
inspection as required by the marine inspector.
(c) When required by the marine inspector, a portion of the
inspection must be conducted while the vessel is underway so that the
working of the hull can be observed.
Sec. 176.804 Machinery.
At each initial and subsequent inspection for certification of a
vessel, the owner or managing operator shall be prepared to conduct
tests and have the vessel ready for inspections of machinery, fuel, and
piping systems, including the following:
(a) Operation of the main propulsion machinery both ahead and
astern;
(b) Operational test and inspection of engine control mechanisms
including primary and alternate means of starting machinery;
(c) Inspection of all machinery essential to the routine operation
of the vessel including generators and cooling systems;
(d) External inspection of fuel tanks and inspection of tank vents,
piping, and pipe fittings;
(e) Inspection of all fuel systems;
(f) Operational test of all valves in fuel lines by operating
locally and at remote operating positions;
(g) Operational test of all overboard discharge and intake valves
and watertight bulkhead pipe penetration valves;
(h) Operational test of the means provided for pumping bilges; and
(i) Test of machinery alarms including bilge level alarms.
Sec. 176.806 Electrical.
At each initial and subsequent inspection for certification of a
vessel, the owner or managing operator shall be prepared to conduct
tests and have the vessel ready for inspection of electrical equipment
and systems, including the following:
(a) Inspection of all cable as far as practicable without undue
disturbance of the cable or electrical apparatus;
(b) Test of circuit breakers by manual operation;
(c) Inspection of fuses including ensuring the ratings of fuses are
suitable for the service intended;
(d) Inspection of rotating electrical machinery essential to the
routine operation of the vessel;
(e) Inspection of all generators, motors, lighting fixtures and
circuit interrupting devices located in spaces or areas which may
contain flammable vapors;
(f) Inspection of batteries for condition and security of stowage;
(g) Operational test of electrical apparatus, which operates as
part of or in conjunction with a fire detection or alarm system
installed on board the vessel, by simulating, as closely as
practicable, the actual operation in case of fire; and
(h) Operational test of all emergency electrical systems.
Sec. 176.808 Lifesaving.
(a) At each initial and subsequent inspection for certification of
a vessel, the owner or managing operator shall be prepared to conduct
tests and have the vessel ready for inspections of lifesaving equipment
and systems, including the following:
(1) Tests of each rescue boat and each rescue boat launching
appliance and survival craft launching appliance in accordance with
Sec. 71.25-15 of this chapter;
(2) Inspection of each lifejacket, work vest, and marine buoyant
device;
(3) If used, inspection of the passenger safety orientation cards
or pamphlets allowed by Sec. 185.506(b)(2) of this subchapter;
(4) Inspection of each inflatable liferaft and inflatable
lifejacket to determine that it has been serviced as required by
Sec. 185.730 of this subchapter; and
(5) Inspection of each hydrostatic release unit to determine that
it is in compliance with the servicing and usage requirements of
Sec. 185.740 of this subchapter.
(b) Each item of lifesaving equipment determined by the marine
inspector to not be in serviceable condition must be repaired or
replaced.
(c) Each item of lifesaving equipment with an expiration date on it
must be replaced if the expiration date has passed.
(d) The owner or managing operator shall destroy, in the presence
of the marine inspector, each lifejacket, other personal floatation
device, and other lifesaving device found to be defective and incapable
of repair.
(e) At each initial and subsequent inspection for certification of
a vessel, the vessel must be equipped with an adult size lifejacket for
each person authorized. The vessel must also be equipped with child
size lifejackets equal to at least 10 percent of the maximum number of
passengers permitted to be carried unless children are prohibited from
being carried aboard the vessel.
(f) Lifejackets, work vests, and marine buoyant devices may be
marked with the date and marine inspection zone to indicate that they
have been inspected and found to be in serviceable condition by a
marine inspector.
(g) At each initial and subsequent inspection for certification,
the marine inspector may require that an abandon ship or man overboard
drill be held under simulated emergency conditions specified by the
inspector.
Sec. 176.810 Fire protection.
(a) At each initial and subsequent inspection for certification,
the owner or managing operator shall be prepared to conduct tests and
have the vessel ready for inspection of its fire protection equipment,
including the following:
(1) Inspection of each hand portable fire extinguisher,
semiportable fire extinguisher, and fixed gas fire extinguishing system
to check for excessive corrosion and general condition;
(2) Inspection of piping, controls, and valves, and the inspection
and testing of alarms and ventilation shutdowns, for each fire
extinguishing system and detecting system to determine that the system
is in operating condition;
(3) Operation of the fire main system and checking of the pressure
at the most remote and highest outlets;
(4) Testing of each firehose to a test pressure equivalent to its
maximum service pressure;
(5) Checking of each cylinder containing compressed gas to ensure
it has been tested and marked in accordance with part 147, Sec. 147.60
of this chapter;
(6) Testing or renewal of flexible connections and discharge hoses
on semiportable extinguishers and fixed gas extinguishing systems in
accordance with part 147, Sec. 147.65 of this chapter; and
(7) Inspection and testing of all smoke and fire detection systems,
including sensors and alarms.
(b) The owner, managing operator, or a qualified servicing facility
as applicable shall conduct the following inspections and tests:
(1) For portable fire extinguishers, the inspections, maintenance
procedures, and hydrostatic pressure tests required by Chapter 4 of
NFPA 10 with the frequency specified by NFPA 10. In addition, carbon
dioxide and halon portable fire extinguishers must be refilled when the
net content weight loss exceeds that specified for fixed systems by
Table 176.810(b). The owner or managing operator shall provide
satisfactory evidence of the required servicing to the marine
inspector. If any of the equipment or records have not been properly
maintained, a qualified servicing facility may be required to perform
the required inspections, maintenance procedures, and hydrostatic
pressure tests. A tag issued by a qualified servicing organization, and
attached to each extinguisher, may be accepted as evidence that the
necessary maintenance procedures have been conducted.
(2) For semiportable and fixed systems, the inspections and tests
required by Table 176.810(b), in addition to the tests required by
Secs. 147.60 and 147.65 of this chapter. The owner or managing operator
shall provide satisfactory evidence of the required servicing to the
marine inspector. If any of the equipment or records have not been
properly maintained, a qualified servicing facility may be required to
perform the required inspections, maintenance procedures, and
hydrostatic pressure tests.
Table 176.810(b).--Semiportable and Fixed Systems
------------------------------------------------------------------------
Type system Test
------------------------------------------------------------------------
Carbon Dioxide................... Weigh cylinders. Recharge if weight
loss exceeds 10% of weight of
charge. Test time delays, alarms,
and ventilation shutdowns with
carbon dioxide, nitrogen, or other
nonflammable gas as stated in the
system manufacturer's instruction
manual. Inspect hoses and nozzles to
be sure they are clean.
Halon............................ Weigh cylinders. Recharge if weight
loss exceeds 5% of weight of charge.
If the system has a pressure gauge,
also recharge if pressure loss
(adjusted for temperature) exceeds
10%. Test time delays, alarms, and
ventilation shutdowns with carbon
dioxide, nitrogen, or other
nonflammable gas as stated in the
system manufacturer's instruction
manual. Inspect hoses and nozzles to
be sure they are clean.
Dry Chemical (Cartridge Operated) Examine pressure cartridge and
replace if end is punctured or if
determined to be in unsuitable
condition. Inspect hose and nozzle
to see if they are clear. Insert
charged cartridge. Ensure dry
chemical is free flowing (not caked)
and extinguidher contains full
charge.
Dry Chemical (Stored Pressure)... See that pressure gauge is in
operating range. If not, or if seal
is broken, weigh or otherwise
determine that extinguisher is fully
charged with dry chemical. Recharge
if pressure is low of if dry
chemical is needed.
Foam (Cartridge Operated)........ Examine pressure cartridge and
replace if end is punctured or if
determined to have leaked or to be
in unsuitable condition. Ensure
extinguisher contains full charge.
Replace premixed agent every 3
years.
Foam (Stored Pressure)........... See that pressure gauge, if so
equipped, is in the operating range.
If not, or if the seal is broken,
weigh or otherwise determine that
extinguisher is fully charged with
foam. Recharge if pressure is low or
if foam is needed. Replace premixed
agent every 3 years.
------------------------------------------------------------------------
(c) The owner, managing operator, or master shall destroy, in the
presence of the marine inspector, each fire hose found to be defective
and incapable of repair.
(d) At each initial and subsequent inspection for certification,
the marine inspector may require that a fire drill be held under
simulated emergency conditions to be specified by the inspector.
Sec. 176.812 Pressure vessels and boilers.
(a) Periodic inspection and testing requirements for pressure
vessels are contained in part 61, subpart 61.10 of this chapter.
(b) Periodic inspection and testing requirements for boilers are
contained in part 61, subpart 61.05 of this chapter.
Sec. 176.814 Steering systems.
At each initial and subsequent inspection for certification the
owner or managing operator shall be prepared to test the steering
systems of the vessel and make them available for inspection to the
extent necessary to determine that they are in suitable condition and
fit for the service intended. Servo-type power systems, such as
orbitrol systems, must be tested and capable of smooth operatation by a
single person in the manual mode, with hydraulic pumps secured.
Sec. 176.816 Miscellaneous systems and equipment.
At each initial and subsequent inspection for certification the
owner or managing operator shall be prepared to test and make available
for inspection all items in the ship's outfit, such as ground tackle,
navigation lights and equipment, markings, and placards, which are
required to be carried by the regulations in this subchapter, as
necessary to determine that they are fit for the service intended.
Sec. 176.818 Sanitary inspection.
At each inspection for certification and at every other vessel
inspection, quarters, toilet and washing spaces, galleys, serving
pantries, lockers, and similar spaces may be examined to determine that
they are serviceable and in a sanitary condition.
Sec. 176.830 Unsafe practices.
(a) At each inspection for certification and at every other vessel
inspection all observed unsafe practices, fire hazards, and other
hazardous situations must be corrected and all required guards and
protective devices must be in satisfactory condition.
(b) At each inspection for certification and at every other vessel
inspection the bilges and other spaces may be examined to see that
there is no accumulation of oil, trash, debris, or other matter which
might create a fire hazard, clog bilge pumping systems, or block
emergency escapes.
Sec. 176.840 Additional tests and inspections.
The cognizant OCMI may require that a vessel and its equipment
undergo any additional test or inspection deemed necessary to determine
that the vessel and its equipment are suitable for the service in which
they are to be employed.
Subpart I--International Convention for Safety of Life at Sea,
1974, as Amended (SOLAS)
Sec. 176.900 Applicability.
(a) Except as otherwise provided in this subpart, a mechanically
propelled vessel of the United States, which carries more than 12
passengers on an international voyage must be in compliance with the
applicable requirements of SOLAS, to which the United States Government
is currently a party.
(b) SOLAS does not apply to a vessel solely navigating the Great
Lakes and the St. Lawrence River as far east as a straight line drawn
from Cap des Rosiers to West Point, Anticosti Island and, on the north
side of Anticosti Island, the 63rd Meridian.
Sec. 176.910 Passenger Ship Safety Certificate.
(a) A vessel, which carries more than 12 passengers on an
international voyage must have a valid SOLAS Passenger Ship Safety
Certificate. The Commandant issues the original SOLAS Passenger Ship
Safety Certificate after receiving notification from the cognizant OCMI
that the vessel complies with the applicable SOLAS regulations.
Subsequent SOLAS Passenger Ship Safety Certificates are issued by the
cognizant OCMI unless any changes to the vessel or its operations have
occurred which changes the information on the certificate, in which
case the Commandant will reissue the certificate.
(b) The route specified on the Certificate of Inspection and the
SOLAS Passenger Ship Safety Certificate must agree.
(c) A SOLAS Passenger Ship Safety Certificate is issued for a
period of not more than 12 months.
(d) The SOLAS Passenger Ship Safety Certificate may be withdrawn,
revoked, or suspended at any time when the vessel is not in compliance
with applicable SOLAS requirements.
Sec. 176.920 Exemptions.
(a) In accordance with Regulation 4, Chapter I (General Provisions)
of SOLAS, the Commandant may exempt a vessel, which is not normally
engaged on an international voyage but which in exceptional
circumstances is required to undertake a single international voyage,
from any of the requirements of the regulations of SOLAS provided that
the vessel complies with safety requirements which are adequate in the
Commandant's opinion for the voyage which is to be undertaken.
(b) In accordance with Chapter II-1 (Construction--Subdivision and
Stability, Machinery and Electrical Installations) Regulation 1,
Chapter II-2 (Construction--Fire Protection, Fire Detection and Fire
Extinction) Regulation 1, and Chapter III (Life Saving Appliances and
Arrangements) Regulation 2 of SOLAS, the Commandant may exempt a vessel
which does not proceed more than 20 miles from the nearest land from
any of the specific requirements of Chapters II-1, II-2, and III of
SOLAS if the Commandant determines that the sheltered nature and
conditions of the voyage are such as to render the application of such
requirements unreasonable or unnecessary.
(c) The Commandant may exempt a vessel from requirements of the
regulations of SOLAS in accordance with paragraphs (a) and (b) of this
section upon a written request from the owner or managing operator
submitted to the Commandant via the cognizant OCMI.
(d) When the Commandant grants an exemption to a vessel in
accordance with this section, the Commandant will issue the original
SOLAS Exemption Certificate describing the exemption. Subsequent SOLAS
Exemption Certificates are issued by the cognizant OCMI unless any
changes to the vessel or its operations have occurred which changes the
information on the SOLAS Exemption or Passenger Ship Safety
Certificates, in which case the Commandant will reissue the
certificate. A SOLAS Exemption Certificate is not valid for longer than
the period of the SOLAS Passenger Ship Safety Certificate to which it
refers.
Sec. 176.930 Equivalents.
In accordance with Regulation 5, Chapter I (General Provisions) of
SOLAS, the Commandant may accept an equivalent to a particular fitting,
material, appliance, apparatus, or any particular provision required by
SOLAS regulations if satisfied that such equivalent is as least as
effective as that required by the regulations. An owner or managing
operator of a vessel may submit a request for the acceptance of an
equivalent following the procedures in Sec. 175.540 of this subchapter.
The Commandant will indicate the acceptance of an equivalent on the
vessel's SOLAS Passenger Ship Safety Certificate.
PART 177--CONSTRUCTION AND ARRANGEMENT
Subpart A--General Provisions
Sec.
177.100 General requirement.
177.115 Applicability to existing vessels.
Subpart B--Plans
177.202 Plans and information required.
177.210 Plans for sister vessels.
Subpart C--Hull Structure
177.300 Structural design.
177.310 Satisfactory service as a design basis.
177.315 Vessels of not more than 65 feet in length carrying not
more than 12 passengers.
177.330 Sailing vessels.
177.340 Alternate design considerations.
Subpart D--Fire Protection
177.405 General arrangement and outfitting.
177.410 Structural fire protection.
Subpart E--Escape Requirements
177.500 Means of escape.
Subpart F--Ventilation
177.600 Ventilation of enclosed and partially enclosed spaces.
177.620 Ventilation of machinery and fuel tank spaces.
Subpart G--Crew Spaces
177.700 General requirements.
177.710 Overnight accommodations.
Subpart H--Passenger Accommodations
177.800 General requirements.
177.810 Overnight accommodations.
177.820 Seating.
Subpart I--Rails and Guards
177.900 Deck rails.
177.920 Storm rails.
177.940 Guards in vehicle spaces.
177.960 Guards for exposed hazards.
177.970 Protection against hot piping.
Subpart J--Window Construction and Visibility
177.1010 Safety glazing materials.
177.1020 Strength.
177.1030 Operating station visibility.
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Subpart A--General Provisions
Sec. 177.100 General requirement.
The construction and arrangement of a vessel must allow the safe
operation of the vessel in accordance with the terms of its certificate
of inspection giving consideration to provisions for a seaworthy hull,
protection against fire, means of escape in case of a sudden unexpected
casualty, guards and rails in hazardous places, ventilation of enclosed
spaces, and necessary facilities for passengers and crew.
Sec. 177.115 Applicability to existing vessels.
(a) Except as otherwise required by paragraph (b) of this section,
an existing vessel must comply with the construction and arrangement
regulations which were applicable to the vessel on [date of day before
effective date of the final rule] or, as an alternative, the vessel may
comply with the regulations in this part.
(b) Alterations or modifications which are not a major conversion,
made to the structure or arrangements, regulated by this part, of an
existing vessel on or after [effective date of the final rule] must
comply with the regulations of this part. Repairs or maintenance
conducted on an existing vessel, resulting in no significant changes to
the original structure or arrangement of the vessel, must comply with
the regulations applicable to the vessel on [date of day before
effective date of the final rule] or, as an alternative, with the
regulations in this part. However, when outfit items such as
furnishings and mattresses are renewed, they must comply with the
regulations in this part.
Subpart B--Plans
Sec. 177.202 Plans and information required.
(a) Except as provided in paragraph (b) of this section and
Sec. 177.210, the owner of a vessel requesting initial inspection for
certification shall, prior to the start of construction unless
otherwise allowed by the cognizant OCMI, submit for approval to the
cognizant OCMI, at least two copies of the following plans, manuals,
analyses, and calculations that are applicable to the vessel as
determined by the OCMI:
(1) Midship section;
(2) Outboard profile;
(3) Inboard profile;
(4) Arrangement of decks;
(5) Survival craft embarkation stations;
(6) Machinery installation;
(7) Electrical installation including, but not limited to:
(i) Elementary one-line diagram of the power system;
(ii) Cable lists;
(iii) Bills of materials;
(iv) Type and size of generators and prime movers;
(v) Type and size of generator cables, bus-tie cables, feeders, and
branch circuit cables;
(vi) Power, lighting, and interior communication panelboards with
number of circuits and rating of energy consuming devices;
(vii) Type and capacity of storage batteries;
(viii) Rating of circuit breakers and switches, interrupting
capacity of circuit breakers, and rating and setting of overcurrent
devices; and
(ix) Electrical plant load analysis.
(8) Lifesaving equipment locations and installation;
(9) Ventilation diagrams;
(10) Engine exhaust diagram;
(11) Fire main system plans and calculations;
(12) Fixed gas fire extinguishing system plans and calculations;
(13) Fire detecting system and smoke detecting system plans;
(14) Sprinkler system plans and calculations;
(15) Portable fire extinguisher types, sizes and locations;
(16) Fuel tanks;
(17) Piping systems including: firemain, bilge, ballast, hydraulic,
sanitary, compressed air, combustible and flammable liquids, vents,
soundings, and overflows;
(18) Hull penetrations and shell connections;
(19) Lines and offsets, curves of form, cross curves of stability,
and tank capacities including size and location on vessel;
(20) Masts, including integration into the ship's structure, on
sailing vessels;
(21) Rigging plan showing sail areas and centers of effort as well
as the arrangement, dimensions, and connections of the standing rigging
for sailing vessels;
(22) Steering and steering control, including rudder details;
(23) Marine sanitation device model number, approval number,
connecting wiring and piping; and
(24) Propulsion and propulsion control, including shaft details.
(b) For a vessel of not more than 65 feet in length, the owner may
submit specifications, sketches, photographs, line drawings or written
descriptions instead of any of the required drawings, provided the
required information is adequately detailed and acceptable to the
cognizant OCMI.
(c) When authorized by the cognizant OCMI, an owner may submit any
plans, manuals, or calculations, required to be submitted to the OCMI
under this part, to the Commanding Officer, U.S. Coast Guard Marine
Safety Center (Marine Safety Center), 400 Seventh Street, SW.,
Washington, DC 20590-0001. Three copies of all documents are required
to be submitted for Marine Safety Center plan approval.
(d) For a vessel, the construction of which was begun prior to
approval of the plans and information required by paragraphs (a) and
(b) of this section, the cognizant OCMI may require any additional
plans and information, manufacturers' certifications of construction,
testing including reasonable destructive testing, and inspections,
which the OCMI determines are necessary to verify that the vessel
complies with the requirements of this subchapter.
Sec. 177.210 Plans for sister vessels.
(a) Plans are not required for a vessel which is a sister vessel,
provided:
(1) Approved plans for the original vessel are on file at the
Marine Safety Center or in the files of the cognizant OCMI;
(2) The owner of the plans authorizes their use for the new
construction of the sister vessel;
(3) The regulations used for the original plan approval have not
changed since the original approval; and
(4) There are no major modifications to any of the systems to be
used.
(b) If approved plans for the original vessel are not on file at
the MSC or with the cognizant OCMI, the vessel owner shall submit plans
as described in Sec. 177.202.
Subpart C--Hull Structure
Sec. 177.300 Structural design.
Except as otherwise allowed by this subpart, a vessel must comply
with the structural design requirements of one of the standards listed
below for the hull material of the vessel.
(a) Wooden hull vessels--Rules and Regulations for the
Classification of Yachts and Small Craft, Lloyd's Register of Shipping
(Lloyd's);
(b) Steel hull vessels:
(1) Rules and Regulations for the Classification of Yachts and
Small Craft, Lloyd's; or
(2) Rules for Building and Classing Steel Vessels Under 61 Meters
(200 Ft) in Length, ABS;
(c) Fiber reinforced plastic vessels:
(1) Rules and Regulations for the Classification of Yachts and
Small Craft, Lloyd's; or
(2) Rules for Building and Classing Reinforced Plastic Vessels,
ABS;
(d) Aluminum hull vessels:
(1) Rules and Regulations for the Classification of Yachts and
Small Craft, Lloyd's;
(2) For a vessel of more than 100 feet in length--Rules for
Building and Classing Aluminum Vessels, ABS; or
(3) For a vessel of not more than 100 feet in length--Rules for
Building and Classing Steel Vessels Under 61 Meters (200 Feet) in
Length, ABS, with the appropriate conversions from the ABS Rules for
Building and Classing Aluminum Vessels;
(e) Ferrocement hull vessels--Australian Transport Advisory Council
Shipping Laws Code Section 5, Subsection J.
(f) Steel hull vessels operating in protected waters--Rules for
Building and Classing Steel Vessels for Service on Rivers and
Intracoastal Waterways, ABS.
Sec. 177.310 Satisfactory service as a design basis.
When scantlings for the hull, deckhouse, and frames of the vessel
differ from those specified by the standards listed in Sec. 177.300,
and the owner can demonstrate that the vessel, or another vessel
approximating the same size, power, and displacement, has been built to
such scantlings and has been in satisfactory service insofar as
structural adequacy is concerned for a period of at least 5 years, such
scantlings may be approved by the cognizant OCMI instead of the
scantlings required by the applicable standards specified in
Sec. 177.300.
Sec. 177.315 Vessels of not more than 65 feet in length carrying not
more than 12 passengers.
The scantlings for a vessel of not more than 65 feet in length
carrying not more than 12 passengers which do not meet the standards in
Secs. 177.300 or 177.310 may be approved by the cognizant OCMI if the
builder of the vessel establishes to the satisfaction of the OCMI that
the design and construction of the vessel is adequate for the intended
service.
Sec. 177.330 Sailing vessels.
The design, materials, and construction of masts, posts, yards,
booms, bowsprits, and standing rigging on a sailing vessel must be
suitable for the intended service. The hull structure must be
adequately reinforced to ensure sufficient strength and resistance to
plate buckling. The cognizant OCMI may require the owner to submit
detailed calculations on the strength of the mast, post, yards, booms,
bowsprits, and standing rigging.
Sec. 177.340 Alternate design considerations.
When the structure of vessel is of novel design, unusual form, or
special materials, which cannot be reviewed or approved under
Secs. 177.300, 177.310 or 177.315, the structure may be approved by the
Commanding Officer, Marine Safety Center, when it can be shown by
systematic analysis based on engineering principles that the structure
provides adequate safety and strength. The owner shall submit detailed
plans, material component specifications, and design criteria,
including the expected operating environment, resulting loads on the
vessel, and design limitations for such vessel, to the cognizant OCMI
for initial evaluation and forwarding to the Marine Safety Center.
Subpart D--Fire Protection
Sec. 177.405 General arrangement and outfitting.
(a) Fire hazards to be minimized. The general construction of the
vessel must be such as to minimize fire hazards insofar as it is
reasonable and practicable.
(b) Combustibles insulated from heated surfaces. Internal
combustion engine exhausts, boiler and galley uptakes, and similar
sources of ignition must be kept clear of and suitably insulated from
combustible material. Dry exhaust systems for internal combustion
engines on wooden or fiber reinforced plastic vessels must be installed
in accordance with ABYC Standard P-1.
(c) Separation of machinery and fuel tank spaces from accommodation
spaces. Machinery and fuel tank spaces must be separated from
accommodation spaces by boundaries which prevent the passage of vapors.
(d) Paint and flammable liquid lockers. Paint and flammable liquid
lockers must be constructed of steel or equivalent material, or wholly
lined with steel or equivalent material.
(e) Vapor barriers. Vapor barriers must be provided where
insulation of any type is used in spaces where flammable and
combustible liquids or vapors are present, such as machinery spaces and
paint lockers.
(f) Waste receptacles. Waste receptacles must be constructed of
noncombustible materials with no openings in the sides or bottom.
(g) Mattresses. All mattresses must comply with the U.S. Department
of Commerce Standard for Mattress Flammability (FF 4-72.16), 16 CFR
part 1632, subpart A. Mattresses must not contain polyurethane foam.
(h) Furniture and furnishings. The use of polyurethane foam in
furniture and furnishings is prohibited.
Sec. 177.410 Structural fire protection.
(a) Cooking areas. Vertical or horizontal surfaces within 3 feet of
cooking appliances must have an ASTM E-84 flame spread rating of not
more than 75. Curtains, draperies, or free hanging fabrics must not be
fitted within 3 feet of cooking or heating appliances.
(b) Fiber reinforced plastic. When the hull, decks, deckhouse, or
superstructure of a vessel is partially or completely constructed of
fiber reinforced plastic, including composite construction, the resin
used must have an ASTM E-84 flame spread rating of not more than 100.
(c) Use of general purpose resin. General purpose resins may be
used in lieu of those having an ASTM E-84 flame spread rating of not
more than 100 provided that the following additional requirements are
met:
(1) Cooking and heating appliances--Galleys must be surrounded by
B-15 rated fire boundaries. This may not apply to concession stands
which are not considered high fire hazards areas (galleys) as long as
they do not contain medium to high heat appliances such as deep fat
fryers, flat plate type grilles, and open ranges. Open flame systems
for cooking and heating are not allowed.
(2) Sources of ignition--Electrical equipment and switch boards
must be protected from fuel or water sources. Fuel lines and hoses must
be located as far as practical from heat sources. Internal combustion
engine exhausts, boiler and galley uptakes, and similar sources of
ignition must be kept clear of and suitability insulated from any
woodwork or other combustible matter. Internal combustion engine dry
exhaust systems must be installed in accordance with ABYC Standard P-1.
(3) Fire detection and extinguishing systems--Fire detection and
extinguishing systems must be installed in compliance with
Secs. 181.400 through 181.420 of this subchapter. Additionally, all FRP
vessels constructed with general purpose resins must be fitted with a
smoke activated fire detection system of an approved type, installed in
accordance with part 76, subpart 76.27 of this chapter, in all
accommodation spaces, all service spaces, and in isolated spaces such
as voids and storage lockers that contain an ignition source such as
electric equipment or piping for a dry exhaust system.
(4) Machinery space boundaries--Boundaries that separate machinery
spaces from accommodation spaces, service spaces, and control spaces
must be lined with noncombustible panels or insulation approved under
Sec. 164.009 of this chapter.
(5) Furnishings--Furniture and furnishings must comply with
Sec. 116.423 of this chapter.
(d) Limitations on the use of general purpose resin.
(1) Overnight accommodations--Vessels with overnight passenger
accommodations must not be constructed with general purpose resin.
(2) Gasoline fuel systems--Vessels with engines powered by gasoline
or other fuels having a flash point of 110 deg.F or lower must not be
constructed with general purpose resin, except for vessels powered by
outboard engines with portable fuel tanks stored in an open area aft,
if, as determined by the cognizant OCMI, the arrangement does not
produce an unreasonable hazard.
(3) Cargo--Vessels carrying or intended to carry hazardous,
combustible or flammable cargo must not be constructed with general
purpose resin.
Subpart E--Escape Requirements
Sec. 177.500 Means of escape.
(a) Except as otherwise provided in this section, each space
accessible to passengers or used by the crew on a regular basis, must
have at least two means of escape, one of which must not be a
watertight door.
(b) The two required means of escape must be widely separated and,
if possible, at opposite ends or sides of the space to minimize the
possibility of one incident blocking both escapes.
(c) Subject to the restrictions of this section, means of escape
may include normal exits and emergency exits, passageways, stairways,
ladders, deck scuttles, and windows.
(d) The number and dimensions of the means of escape from each
space must be sufficient for rapid evacuation in an emergency for the
number of persons served. In determining the number of persons served,
a space must be considered to contain at least the number of persons as
follows:
(1) Passenger overnight accommodation spaces: Designed capacity;
(2) Accommodation spaces having fixed seating for passengers:
Maximum seating capacity;
(3) Public spaces, including spaces such as casinos, restaurants,
club rooms, and cinemas, and public accommmodation spaces as defined in
Sec. 175.400, except overnight accommodation spaces: One person may be
permitted for each 10 square feet of deck area. In computing such deck
area, the following areas must be excluded:
(i) Obstructions, including stairway and elevator enclosures,
elevated stages, bars, and cashier stands, but not including slot
machines, tables, or other room furnishings;
(ii) Areas for which the number of persons permitted is determined
using the fixed seating criterion;
(iii) Toilets and washrooms;
(iv) Interior passageways less than 34 inches wide and passageways
on open deck less than 28 inches wide;
(v) Spaces necessary for handling lifesaving equipment, anchor
handling equipment, or line handling gear, or in way of sail booms or
running rigging; and
(vi) Bow pulpits, swimming platforms, and areas which do not have a
solid deck, such as netting on multi hull vessels;
(4) Crew overnight accommodation spaces: Two-thirds designed
capacity; and
(5) Work spaces: Occupancy under normal operating conditions.
(e) The dimensions of a means of escape must be such as to allow
easy movement of persons when wearing lifejackets. There must be no
protrusions in means of escape which could cause injury, ensnare
clothing, or damage lifejackets.
(f) The minimum clear opening of a door or passageway used as a
means of escape must not be less than 32 inches in width. The sum of
the width of all doors and passageways used as means of escape from a
space must not be less than 0.333 inches multiplied by the number of
passengers for which the space is designed.
(g) A dead end passageway, or the equivalent, of more than 20 feet
in length is prohibited.
(h) [Reserved]
(i) Each door, hatch, or scuttle, used as a means of escape, must
be capable of being opened by one person, from either side, in both
light and dark conditions. The method of opening a means of escape must
be obvious, rapid, and of adequate strength. Handles and securing
devices must be permanently installed and not capable of being easily
removed. A door, hatch or scuttle must open towards the expected
direction of escape from the space served.
(j) A means of escape which is not readily apparent to a person
from both inside and outside the space must be adequately marked.
(k) A ladder leading to a deck scuttle may not be used as a means
of escape except:
(1) On a vessel of not more than 65 feet in length, a vertical
ladder and a deck scuttle may be used as not more than one of the means
of escape from a passenger accommodation space; and
(2) As not more than one of the means of escape from any crew
accommodation space or work space.
(l) Each ladder used as a means of escape must be mounted at least
7 inches from the nearest permanent object in back of the ladder. Rungs
must be:
(1) At least 16 inches in width;
(2) Not more than 12 inches apart, and uniformly spaced for the
length of the ladder with at least 4.5 inches clearance above each
rung; and
(m) When a deck scuttle serves as a means of escape, it must not be
less than 18 inches in diameter and must be fitted with a quick acting
release and a holdback device to hold the scuttle in an open position.
(n) Footholds, handholds, ladders, and similar means provided to
aid escape, must be suitable for use in emergency conditions, of rigid
construction, and permanently fixed in position, unless they can be
folded, yet brought into immediate service in an emergency.
(o) On a vessel of not more than 65 feet in length, a window or
windshield of sufficient size and proper accessibility may be used as
one of the required means of escape from an enclosed space, provided
it:
(1) Does not lead directly overboard;
(2) Can be opened or is designed to be kicked or pushed out; and
(3) Is suitably marked.
(p) Only one means of escape is required from a space where:
(1) The maximum dimension (length, breadth, or depth) of a space is
less than 12 feet;
(2) There is no stove, heater, or other source of fire in the
space;
(3) The means of escape is located as far as possible from a
machinery space or fuel tank; and
(4) If an accommodation space, the single means of escape does not
include a deck scuttle or a ladder.
(q) Alternative means of escape from spaces may be provided if
acceptable to the cognizant OCMI.
Subpart F--Ventilation
Sec. 177.600 Ventilation of enclosed and partially enclosed spaces.
(a) An enclosed or partially enclosed space within a vessel must be
adequately ventilated in a manner suitable for the purpose of the
space.
(b) Ventilation openings serving enclosed or partially enclosed
spaces, including openings in ventilation ducts and pipes, ventilators,
and louvers, must:
(1) Be above the main deck;
(2) Not penetrate the sideshell or the outboard side of the
bulwarks of the vessel;
(3) If located along the inner periphery of bulwarks, be:
(i) Located as high as possible in the side of the cockpit or well;
and
(ii) Be not more than 2 inches in height; and
(4) When determined necessary by the OCMI, be fitted with closure
devices suitable for preventing the entry of water in adverse weather
conditions.
(c) A power ventilation system must be capable of being shut down
from the pilot house.
(d) An enclosed crew accommodation space and any other space
occupied by a crew member on a regular basis must be ventilated by a
power ventilation system, unless natural ventilation in all ordinary
weather conditions is satisfactory to the OCMI.
(e) An enclosed passenger accommodation space must be ventilated by
a power ventilation system, unless smoking is prohibited and natural
ventilation in all ordinary weather conditions is satisfactory to the
OCMI.
(f) An exhaust duct over a frying vat or a grill must be fitted
with a fire damper that will close automatically in event of a fire.
(g) Electrical wiring, piping, combustibles and other foreign
materials are not allowed within ventilation ducts.
Sec. 177.620 Ventilation of machinery and fuel tank spaces.
In addition to the requirements of this subpart, ventilation
systems for spaces containing machinery or fuel tanks must comply with
the requirements of part 182 of this subchapter.
Subpart G--Crew Spaces
Sec. 177.700 General requirements.
(a) A crew accommodation space and a work space must be of
sufficient size, adequate construction, and with suitable equipment to
provide for the safe operation of the vessel and the protection and
accommodation of the crew in a manner practicable for the size,
facilities, service, route, speed, and modes of operation of the
vessel.
(b) The deck above a crew accommodation space must be located above
the deepest load waterline.
Sec. 177.710 Overnight accommodations.
(a) Overnight accommodations must be provided for all crew members
if the vessel is operated more than 12 hours in a 24 hour period,
unless the crew is put ashore and the vessel is provided with a new
crew.
(b) Overnight accommodations for crew members are required on
vessels with crews which remain aboard more than 12 hours in any 24
hour period.
Subpart H--Passenger Accommodations
Sec. 177.800 General requirements.
(a) All passenger accommodations must be arranged and equipped to
provide for the safety of the passengers in consideration of the route,
modes of operation, and speed of the vessel.
(b) The height of ceilings in a passenger accommodation space,
including aisles and passageways, must be at least 74 inches, but may
be reduced at the sides of a space to allow for camber, wiring,
ventilation ducts, and piping.
(c) A passenger accommodation space must be maintained to minimize
fire and safety hazards and to preserve sanitary conditions. Aisles
must be kept clear of obstructions.
(d) A passenger accommodation space must not contain:
(1) Electrical equipment, high temperature parts, pipelines,
rotating assemblies, or any other item which could injure a passenger,
unless such an item is adequately shielded or isolated; and
(2) A control for operating the vessel, unless the control is so
protected and located that operation of the vessel by a crew member
will not be impeded by a passenger during normal or emergency
operations.
(e) The deck above a passenger accommodation space must be located
above the deepest load waterline.
(f) A variation from a requirement of this subpart may be
authorized by the cognizant OCMI for an unusual arrangement or design
provided there is no significant reduction of space, accessibility,
safety, or sanitation.
Sec. 177.810 Overnight accommodations.
(a) A berth must be provided for each passenger authorized to be
carried in overnight accommodation spaces. Each berth must measure at
least 74 inches by 24 inches and have at least 24 inches of clear space
above.
(b) Berths must not be located more than three high and must be
constructed of wood, fiber reinforced plastic, or metal. A berth
located more than 60 inches above the deck must be fitted with a
suitable aid for access.
(c) The construction and arrangement of berths and other furniture
must allow free and unobstructed access to each berth. Each berth must
be immediately adjacent to an aisle leading to a means of escape from
the accommodation space. An aisle alongside a berth must be at least 24
inches wide. An aisle joining two or more aisles in an overnight
accommodation space must be at least 42 inches wide.
Sec. 177.820 Seating.
(a) A seat must be provided for each passenger permitted in a space
for which the fixed seating criterion in Sec. 176.113(b)(3) of this
subchapter has been used to determine the number of passengers
permitted.
(b) A seat must be constructed to minimize the possibility of
injury and avoid trapping occupants.
(c) Installation of seats must provide for ready escape.
(d) Seats, including fixed, temporary, or portable seats, must be
arranged as follows:
(1) An aisle of not more than 15 feet in overall length must be not
less than 24 inches in width.
(2) An aisle of more than 15 feet in overall length must be not
less than 30 inches in width.
(3) Where seats are in rows, the distance from seat front to seat
front must be not less than 30 inches and the seats must be secured to
a deck or bulkhead.
(4) Seats used to determine the number of passengers permitted, in
accordance with Sec. 176.113(b)(3) of this subchapter, must be secured
to the deck, bulkhead, or bulwark by permanent or temporary means.
Subpart I--Rails and Guards
Sec. 177.900 Deck rails.
(a) Except as otherwise provided in this section, rails or
equivalent protection must be installed near the periphery of all decks
of a vessel accessible to passengers or crew. Equivalent protection may
include lifelines, wire rope, chains, and bulwarks, which provide
strength and support equivalent to fixed rails. Deck rails must include
a top rail with the minimum height required by this section, and lower
courses or equivalent protection as required by this section.
(b) Deck rails must be designed and constructed to withstand a
point load of 200 pounds (91 kilograms) applied at any point in any
direction, and a uniform load of 50 pounds per foot (74 kilograms per
meter) applied to the top rail in any direction. The point and uniform
loads do not need to be applied simultaneously.
(c) Where space limitations make deck rails impractical for areas
designed for crew use only, such as at narrow catwalks in way of
deckhouse sides, hand grabs may be substituted.
(d) The height of top rails required by paragraph (a) of this
section must be as follows:
(1) Rails on passenger decks of a ferry or a vessel engaged in
excursion trips, including but not limited to sightseeing trips, dinner
and party cruises, and overnight cruises, must be at least 39.5 inches
high.
(2) Rails on a vessel subject to the 1966 International Convention
on Loadlines must be at least 39.5 inches high.
(3) All other rails must be at least 36 inches high.
(4) While engaged in big game angling, the minimum rail height may
be reduced to not less than 30 inches in way of a person using
specialized angling techniques or equipment, such as when using a
pedestal mounted fixed fighting chair on a low freeboard vessel, if it
can be shown that a higher rail would interfere with the fishing
operation and the lower rail would not significantly reduce safety. A
rail complying with the requirements of paragraphs (d) (1), (2), or (3)
of this section as applicable must be installed when big game angling
is not being conducted.
(e) Where the principal business of the vessel requires the
discharge of persons or cargo in a seaway, such as on pilot boats and
dive boats, the cognizant OCMI may accept alternatives to the rails
required in paragraphs (d) (1), (2), and (3) of this section for those
areas of a deck where passengers or cargo are discharged and for which
removable rails, lifelines, or chains would hinder discharge
operations.
(f) A sailing vessel, an open boat, or any other vessel not
specifically covered elsewhere in this section, must have rails of a
minimum height or equivalent protection as considered necessary by the
cognizant OCMI, based on the vessel's operation, route, and seating
arrangement.
(g) Rail courses or equivalent must be installed between a top rail
required by paragraph (a) of this section, and the deck so that no open
space exists which is more than 12 inches high except:
(1) On passenger decks of a ferry or of a vessel on an excursion
trip the following must be installed:
(i) Bulwarks;
(ii) Chain link fencing or wire mesh which has openings of not more
than 4 inches in diameter; or
(iii) Bars, slats, rail courses, or an equivalent spaced at
intervals of not more than 4 inches.
(2) On a vessel subject to the 1966 International Convention on
Loadlines, rail courses, or an equivalent, must be installed so that
there is not an open space higher than 9 inches from the deck to the
first rail course or equivalent.
(h) Rails must be permanently installed except that the following
rails may be removable:
(1) Rails in way of embarkation stations and boarding locations;
(2) Rails over 30 inches high in way of fishing seats addressed by
paragraph (d)(4) of this section; and
(3) Rails on a vessel when the service of the vessel is routinely
changed, as determined by the cognizant OCMI, and the required top rail
height varies depending on the service of the vessel at a particular
time.
Sec. 177.920 Storm rails.
Suitable storm rails or hand grabs must be installed where
necessary in passageways, at deckhouse sides, and at ladders and
hatches.
Sec. 177.940 Guards in vehicle spaces.
On a vessel authorized to carry one or more vehicles, suitable
chains, cables, or other barriers must be installed at the end of each
vehicle runway. In addition, temporary rails or equivalent protection
must be installed in way of each vehicle ramp, in compliance with
Sec. 177.900, when the vessel is underway.
Sec. 177.960 Guards for exposed hazards.
An exposed hazard, such as gears or rotating machinery, must be
properly protected by a cover, guard, or rail.
Sec. 177.970 Protection against hot piping.
Piping, including valves, pipe fittings and flanges, conveying
vapor, gas, or liquid, the temperature of which exceeds 150 deg.F, must
be suitably insulated where necessary to prevent injuries.
Subpart J--Window Construction and Visibility
Sec. 177.1010 Safety glazing materials.
Glass and other glazing material used in windows must be of
material which will not break into dangerous fragments if fractured.
Sec. 177.1020 Strength.
Each window, port hole, and its means of attachment to the hull or
deck house, must be capable of withstanding the maximum load from wave
and wind conditions expected due to its location on the vessel and the
authorized route of the vessel.
Sec. 177.1030 Operating station visibility.
(a) Windows and other openings at the operating station must be of
sufficient size and properly located to provide an adequate view for
safe navigation in all operating conditions.
(b) Glass or other glazing material used in windows at the
operating station must have a light transmission of not less than 70
percent according to Test 2 of ANSI Z 26.1, and must comply with Test
15 of ANSI Z 26.1 for Class I Optical Deviation.
PART 178--INTACT STABILITY AND SEAWORTHINESS
Subpart A--General Provision
Sec.
178.115 Applicability to existing vessels.
Subpart B--Stability Instructions for Operating Personnel
178.210 Stability information.
178.220 Stability booklet.
178.230 Stability letter or Certificate of Inspection stability
details.
Subpart C--Intact Stability Standard
178.310 Applicability based on length, passenger capacity, and
propulsion.
178.320 Intact stability requirements for mechanically propelled
and nonself-propelled vessels.
178.325 Intact stability requirements for a sailing vessel.
178.330 Simplified stability proof test.
178.340 Stability standards for pontoon vessels on protected
waters.
Subpart D--Drainage of Weather Deck
178.410 Drainage of flush deck vessels.
178.420 Drainage of cockpit vessels.
178.430 Drainage of well deck vessels.
178.440 Drainage of open boats.
178.450 Calculation of drainage area of cockpit and well deck
vessels.
Subpart E--Special Installations
178.510 Ballast.
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Subpart A--General Provisions
Sec. 178.115 Applicability to existing vessels.
An existing vessel must comply with the intact stability and
seaworthiness regulations which were applicable to the vessel on [date
of the day before the effective date of the final rule] or, as an
alternative, the vessel may comply with the regulations in this part.
Subpart B--Stability Instructions for Operating Personnel
Sec. 178.210 Stability information.
(a) Stability information (stability details indicated on the
Certificate of Inspection, a stability letter, or a stability booklet)
is required on certain vessels by paragraphs (b) or (c) of this
section. Enough stability information must be provided for the master
to have sufficient understanding of operating guidelines, loading
restrictions, and stability calculations (and assumptions used in
making them), to be able to ensure compliance with the applicable
intact and damage stability regulations of this chapter.
(b) A vessel which, under Sec. 178.310, must comply with
requirements of subchapter S of this chapter, must have stability
details on the vessel's Certificate of Inspection, a stability letter
issued by the cognizant OCMI or the Commanding Officer, Marine Safety
Center, or an approved stability booklet. The form in which the
stability information must be contained (i.e., stability details on the
Certificate of Inspection, a stability letter, or a stability booklet)
will be determined by the Commanding Officer, U.S. Coast Guard Marine
Safety Center.
(c) When necessary for safe operation, the cognizant OCMI may place
specific stability restrictions in a stability letter or on the
Certificate of Inspection of a vessel of not more than 65 feet in
length, which, under Sec. 178.310, must comply with the requirements of
Sec. 178.320.
Sec. 178.220 Stability booklet.
When the Commanding Officer, Marine Safety Center determines, in
accordance with Sec. 178.210(b), that a vessel must have a stability
booklet, the owner or operator must prepare the booklet in accordance
with subchapter S of this chapter, and submit it through the cognizant
OCMI for approval by the Commanding Officer, Marine Safety Center.
Sec. 178.230 Stability letter or Certificate of Inspection stability
details.
(a) When the cognizant OCMI or the Commanding Officer, Marine
Safety Center determines, in accordance with Sec. 178.210, that a
vessel must have stability details indicated on its Certificate of
Inspection or a stability letter, the owner or operator must submit the
information listed in paragraph (b) of this section:
(1) If Sec. 178.210(c) is applicable, to the OCMI for approval; or
(2) If Sec. 178.210(b) is applicable, to the Commanding Officer,
Marine Safety Center for his or her approval.
(b) The following applicable information, and the necessary
calculations used to determine that information, must be submitted as
required by paragraph (a) of this section:
(1) Allowable number of passengers and crew on each deck;
(2) Deepest waterline drafts or freeboard;
(3) Location of watertight bulkheads and openings in watertight
bulkheads;
(4) Explanation of the vessel's subdivision and specific
identification of the vessel's subdivision bulkheads;
(5) Location of openings through watertight bulkheads, such as
watertight doors, which must be closed to limit flooding in an
emergency;
(6) Location, type and amount of fixed ballast;
(7) Location and details of foam flotation material; and
(8) Maximum weight of portable equipment permitted on the vessel
including diving equipment.
Subpart C--Intact Stability Standards
Sec. 178.310 Applicability based on length, passenger capacity, and
propulsion.
(a) A vessel of not more than 65 feet in length must meet the
applicable requirements of Secs. 178.320 or 178.325, or of
Secs. 170.170, 170.173, and 171.050 of subchapter S of this chapter,
if:
(1) Carrying not more than 150 passengers on a domestic voyage;
(2) Carrying not more than 12 passengers on an international
voyage; or
(3) It has not more than one deck above the bulkhead deck,
exclusive of a pilot house.
(b) The following vessels must meet the appropriate requirements of
Secs. 170.170, 170.173, 171.050, 171.055, and 171.057 of subchapter S
of this chapter:
(1) A vessel of more than 65 feet in length;
(2) A sailing vessel of more than 65 feet in length;
(3) A vessel carrying more than 12 passengers on an international
voyage; and
(4) A vessel with more than 1 deck above the bulkhead deck
exclusive of a pilot house.
Sec. 178.320 Intact stability requirements for mechanically propelled
and nonself-propelled vessels.
(a) A vessel, except a pontoon vessel operating on protected
waters, must undergo a simplified stability proof test in accordance
with Sec. 178.330 in the presence of a Coast Guard marine inspector.
(b) A pontoon vessel operating on protected waters must undergo a
simplified stability proof test in accordance with Sec. 178.340 in the
presence of a Coast Guard marine inspector.
(c) The cognizant OCMI may dispense with the simplified stability
proof test in Sec. 178.330 for a vessel carrying not more than 49
passengers where it can be established that, due to the form,
arrangement, construction, number of decks, route, and operating
restrictions of the vessel, the vessel's stability can be safely
determined without such a test. Vessels which carry deck cargo must
undergo a simplified stability proof test.
(d) A vessel whose stability is questioned by the cognizant OCMI
must be shown by design calculations to meet the applicable stability
criteria of Secs. 170.170, 170.173, and 171.050 of this chapter in each
condition of loading and operation.
(e) A simplified stability proof test is conducted to determine if
a vessel, as built and operated, has a minimum level of initial
stability. Failure of the simplified test does not necessarily mean
that the vessel lacks stability for the intended route, service, and
operating condition, but that calculations or other methods must be
used to evaluate the stability of the vessel.
Sec. 178.325 Intact stability requirements for a sailing vessel.
(a) Except as provided in paragraphs (b), (c) and (e) of this
section, each sailing vessel must undergo a simplified stability proof
test in accordance with Sec. 178.330 in the presence of a Coast Guard
marine inspector.
(b) Each of the following sailing vessels must meet the intact
stability standards of Secs. 170.170 and 171.055 of this subchapter:
(1) A vessel to be operated in exposed waters;
(2) A vessel to be operated during non-daylight hours;
(3) A vessel of unusual type, rig, or hull form, including vessels
without a weathertight deck, such as open boats;
(4) A vessel that carries more than 49 passengers;
(5) A sailing school vessel that carries a combined total of six or
more sailing school students or instructors;
(6) A vessel on which downflooding occurs at angles of 60 deg. or
less; and
(7) A vessel which has a cockpit longer than LOD/5.
(c) A catamaran must meet the intact stability requirements of
Secs. 170.170 and 171.057 of this subchapter.
(d) A cockpit on a sailing vessel which is not listed in paragraph
(b) or (c) of this section and which operates on partially protected
waters must be self-bailing.
(e) The cognizant OCMI may perform operational tests to determine
whether the vessel has adequate stability and satisfactory handling
characteristics under sail for protected waters or partially protected
waters, in lieu of conducting a simplified stability proof test.
(f) Commanding Officer, Marine Safety Center, may prescribe
additional or different stability requirements for a broad, shallow
draft vessel with little or no ballast outside the hull.
Sec. 178.330 Simplified stability proof test.
(a) A vessel must be in the condition specified in this paragraph
when a simplified stability proof test is performed.
(1) The construction of the vessel must be complete in all
respects.
(2) Ballast, if necessary, must be in compliance with Sec. 178.510
and must be on board and in place.
(3) Each fuel and water tank must be approximately three-quarters
full.
(4) A weight equal to the total weight of all passengers, crew, and
other loads permitted on the vessel must be onboard and distributed so
as to provide normal operating trim and to simulate the vertical center
of gravity causing the least stable condition that is likely to occur
in service. Unless otherwise specified, weight and vertical center of
gravity is assumed to be as follows:
(i) The weight of primary lifesaving equipment should be simulated
at its normal location, if not on board at the time of the test;
(ii) The weight of one person is considered to be 160 pounds except
the weight of one person is considered to be 140 pounds if the vessel
always carries only women and children, and operates exclusively on
protected waters;
(iii) The vertical center for the simulated weight of passengers,
crew, and other loads must be at least 2.5 feet above the deck; and
(iv) If the vessel carries passengers on diving excursions, the
total weight of diving gear must be included in the test as follows:
(A) The total weight of individual diving gear for each passenger
carried is assumed to be 80 pounds, which includes the weight of scuba
tanks, harness, regulator, weight belt, wet suit, mask, and other
personal diving equipment;
(B) The weight of any air compressors carried; and
(C) Other portable equipment carried.
(5) All non-return closures on cockpit scuppers or on weather deck
drains must be kept open during the test.
(b) A vessel must not exceed the limitations in paragraph (d) of
this section, when subjected to the greater of the following heeling
moments:
Mp = (W)(B)/6; or
Mw = (P)(A)(H)
where:
Mp=passenger heeling moment in foot-pounds (kilogram-meters);
W=the total passenger weight using 160 pounds (72.6 kilograms) per
passenger, or, if the vessel will always carry women and children and
operate exclusively on protected waters, 140 pounds (63.5 kilograms)
per passenger may be used;
B=the maximum transverse distance in feet (meters) of a deck that is
accessible to passengers;
Mw=wind heeling moment in foot-pounds (kilogram-meters);
P=wind pressure of:
(1) 7.5 pounds/square foot (36.6 kilograms/square meter) for
operation on protected waters;
(2) 10.0 pounds/square foot (48.8 kilograms/square meter) for
operation on partially protected waters; or
(3) 15.0 pounds/square foot (73.3 kilograms/square meter) for
operation on exposed waters.
A=area, in square feet (square meters), of the projected lateral
surface of the vessel above the waterline (including each projected
area of the hull, superstructure and area bounded by railings and
structural canopies). For sailing vessels this is the bare poles area,
or, if the vessel has no auxiliary power, with storm sails set.
H=height, in feet (meters), of the center of area (A) above the
waterline, measured up from the waterline.
(c) For sailing vessels the heeling moment used for this test must
be the greater of the following:
(1) Passenger heeling moment from paragraph (b) of this section.
(2) Wind heeling moment from paragraph (b) of this section.
(3) Wind heeling moment calculated from the wind heeling moment
equation in paragraph (b) of this section, where:
Mw=wind heeling moment in foot-pounds (kilogram-meters).
A=the windage area of the vessel in square feet (square meters) with
all sails set and trimmed flat.
H=height, in feet (meters), of the center of effort of area (A) above
the waterline, measured up from the waterline.
P=1.0 pounds/square foot (4.9 kilograms/square meter) for both
protected and partially protected waters.
(d) A vessel must not exceed the following limits of heel:
(1) On a flush deck vessel, not more than one-half of the freeboard
may be immersed.
(2) On a well deck vessel, not more than one-half of the freeboard
may be immersed, except that, on a well deck vessel that operates on
protected waters and has non-return scuppers, the full freeboard may be
immersed if the full freeboard is not more than one-quarter of the
distance from the waterline to the gunwale.
(3) On a cockpit vessel, the maximum allowable immersion is
calculated from the following equation:
(i) On exposed waters--
i=f(2L-1.5L')/4L
(ii) On protected or partially protected waters--
i=f(2L-L')/4L
where:
i=maximum allowable immersion in feet (meters);
f=freeboard in feet (meters);
L=length of the weather deck, in feet (meters); and
L'=length of cockpit in feet (meters).
(4) On an open boat, not more than one quarter of the freeboard may
be immersed.
(5) On a flush deck sailing vessel, the full freeboard may be
immersed.
(6) In no case may the angle of heel exceed 14 degrees.
(e) The limits of heel must be measured at:
(1) The point of minimum freeboard; or
(2) At a point three-quarters of the vessel's length from the bow
if the point of minimum freeboard is aft of this point.
(f) When demonstrating compliance with paragraph (d) of this
section, the freeboard must be measured as follows:
(1) For a flush deck or well deck vessel, the freeboard must be
measured to the top of the weatherdeck at the side of the vessel; and
(2) For a cockpit vessel or for an open boat, the freeboard must be
measured to the top of the gunwale.
(g) A ferry must also be tested in a manner acceptable to the
cognizant OCMI to determine whether the trim or heel during loading or
unloading will submerge the deck edge. A ferry passes this test if with
the total number of passengers and the maximum vehicle weight permitted
onboard, the deck edge is not submerged during loading or unloading of
the vessel.
Sec. 178.340 Stability standards for pontoon vessels on protected
waters.
(a) The portion of the deck accessible to passengers on a pontoon
vessel must not extend beyond the outboard edge of either pontoon, nor
beyond the forward or aft ends of the pontoons.
(b) A pontoon vessel that has more than 2 pontoons or has decks
higher than 6 inches above the pontoons must meet a stability standard
acceptable to the Commanding Officer, Marine Safety Center.
(c) A pontoon vessel must be in the condition described in
Sec. 178.330(c) when the simplified stability proof test is performed,
except that the simulated load of passengers, crew, and other weights
is initially centered on the vessel so that trim and heel are
minimized.
(d) A pontoon vessel has the minimum acceptable level of initial
stability if it meets the following:
(1) With the simulated load located at the extreme outboard
position of the deck on the side with the least initial freeboard, the
remaining exposed cross sectional area of the pontoon on that side must
be equal to or greater than the cross sectional area submerged due to
the load shift, as indicated in figure 178.340(d)(1); and
(2) With the simulated load located on the centerline at the
extreme fore or aft end of the deck, whichever position is further from
the initial position of the load, the top of the pontoon must not be
submerged at any location, as indicated in figure 178.340(d)(2).
BILLING CODE 4910-14-P
Figure 178.340(d)(1)
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Figure 178.340(d)(1)
TP13JA94.004
Figure 178.340(d)(2)
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BILLING CODE 4910-14-C
